1.

DEFINE “ENVIRONMENT’ AND OBJECTS BEHIND ENVIRONMENT

PROTECTION ACT.

Definition:
The term environment has been derived from a French word “Environia”
means to surround. It refers to both Abiotic (physical or non-living) and
Biotic (living) environment.
Environment can be defined as the surroundings or conditions in which a
person, animal, or plant lives or operates. The term “environment” refers
to all elements of the physical and biological world, as well as the
interactions between them. Environment plays pre-eminent role in the
life cycle of human being as human life is highly dependent on
environment. Environment has Productive value, Aesthetic/Recreational
value; which has been explained later on under the paragraph of “What
Environment does for us”.
Environment is the grand total of conditions that surrounds us at a given
point of time and space. It is comprised of the interacting systems of
physical, biological and cultural elements which are interlinked both
individually and collectively.
Thus, our environment refers to those things or agencies which though
distinct from us, affect our daily life or activity. The environment by which
man is surrounded and affected by factors which may be natural,
artificial, social, biological and psychological.
Components of Environment:
Environment mainly consists of atmosphere, hydrosphere, lithosphere
and biosphere. But it can be roughly divided into two types such as (a)
Micro environment and (b) Macro environment. It can also be divided into
two other types such as (c) Physical and (d) Biotic environment.
(a) Micro environment means the immediate local surrounding of the
organism.
(b) Macro environment means all the physical and biotic conditions that
surround the organism externally.
(c) Physical environment refers to all abiotic factors or conditions like
temperature, light, rainfall, soil, minerals etc. It comprises of atmosphere,
lithosphere and hydrosphere.
(d) Biotic environment includes all biotic factors or living forms like
plants, animals, Micro-organisms.

Objects and Reasons behind Environment Pollution Act

The concern for the environment in India is nothing new. From ancient
times we have believed in ‘Vasudhaiva Kutumbakam’, i.e. the entire
world is one family. Indians have believed that all the creatures on the
Earth are a family, including all the plants, animals, and microorganisms.

The need for stringent legislation for environment protection was felt in
India because of the following reasons:
1. The first was the Stockholm Conference which highlighted
internationally, the impact human activities were having on the
 environment. Development and the environment were at
crossroads with each other and the conference brought into focus
the urgency of their reconciliation for the benefit of humanity and
the planet as a whole.
2. The second was the Bhopal Gas Tragedy. It was about the leak of
Oleum gas from an industry that proved to be fatal for the people
around and the environment. This incident underlined the
importance of regulating the industries so that they do not get
away easily from the punishment of causing harm to the
environment.
3. Also, the need was felt because India had some laws for protecting
the environment Water Act, 1974, the Air Act, 1981, and
the Indian Forest Policy, 1988, there was a pressing need for
general legislation with stringent penal provisions in order to
safeguard the environmental rights.

The Environment Protection Act, 1986 (EPA) was passed with the
following objectives:
 It was enacted to implement the decisions which were made at the
United Nation Conference on the Human Environment held at
Stockholm in June 1972.
 Creation of authority for movement protection.
 Coordinating the activities of various regulating agencies which is
done under the existing law.
 The main task is to enact general laws for environmental protection,
which could be unfolded in areas of severe environmental hazards.
 Providing deterrent punishment to those who inculcate in
endangering the human environment, safety and health.
 The main goal for the environment should be sustainable
development and it can be regarded as one of the goals for
Environment Protection Act, 1986.
 Sustainable development includes achieving the object and the
purpose of the act: well as the protection of life under Article 21 of
the Indian Constitution.
2. EXPLAIN THE ROLE OF PUBLIC INTEREST LITIGATION IN
ENVIRONMENTAL PROTECTION.

Public Interest Litigation (PIL) is a legal mechanism that empowers

citizens to raise their voices against environmental degradation and seek
relief from the judiciary. PIL in environmental law has played a significant
role in shaping laws and policies in India. In this article, we will discuss
the role of PIL in environmental protection in India, relevant laws, and
landmark judgments.
The Legal Framework for Environmental Protection in India
The Constitution of India recognizes the right to a healthy environment as
a fundamental right under Article 21, which guarantees the right to life
and personal liberty. The Constitution also places a duty on the State to
protect and improve the environment under Article 48A and 51A(g).
Several laws and regulations have been enacted to regulate and control
environmental degradation in India. The most significant of these laws
include:
The Water (Prevention and Control of Pollution) Act, 1974
The Air (Prevention and Control of Pollution) Act, 1981
The Environmental Protection Act, 1986
The Forest (Conservation) Act, 1980
The Wildlife Protection Act, 1972
Role of Public Interest Litigation in Environmental Protection
Public Interest Litigation is a legal mechanism that allows any person,
organization, or group to approach the court on behalf of the public or for
the protection of public interest. PIL in environmental law has been
instrumental in promoting environmental protection and conservation in
India.
PIL can be filed against both public and private entities who are violating
environmental laws or causing harm to the environment. PIL is often used
to address issues related to environmental protection, pollution control,
conservation of natural resources, and sustainable development.
PIL helps to promote transparency and accountability in governance by
holding public authorities responsible for their actions or inactions
regarding environmental protection. PIL in environmental law has also
helped to create awareness among citizens about environmental issues
and their rights. It has empowered people to take action against
environmental violations and seek redressal from the judiciary.
Illustrations of PIL in Environmental Protection
The Supreme Court of India has passed several landmark judgments of
environmental law in response to PILs filed by environmental activists
and groups. These judgments have resulted in the ban of hazardous
industries, the closure of polluting factories, and the implementation of
various pollution control measures.
The Supreme Court, in the case of Indian Council for Enviro-Legal
Action vs. Union of India, issued a warning to industries that discharge
dangerous substances like Oleum and H acid. The court stated that such
pollution is a violation of the right to a safe and healthy environment and,
ultimately, the right to life.
Similarly, in the case of M.C. Mehta vs. Union of India, the Supreme
Court declared that vehicular emissions causing air pollution in Delhi
constitute a violation of the right to life under Article 21 of the
Constitution. The court directed all commercial vehicles operating
in Delhi to switch to CNG fuel mode to safeguard the health of the public.
Moreover, in Church of God (Full Gospel) in India vs. KKR Majestic
Colony Welfare Association, the Supreme Court ruled that noise
pollution amounts to a violation of Article 21 of the Constitution.
In the landmark case of Vellore Citizens’ Welfare Forum vs. Union
of India, the Supreme Court allowed a public-spirited social organization
to represent the residents of Vellore to protect their health. In this case,
the tanneries located around the Palar River in Vellore, Tamil Nadu, were
found to be discharging toxic chemicals into the river, endangering the
health of the residents. As a result, the Court ordered the tanneries to
close their businesses.
Conclusion
Public Interest Litigation in environmental law has played a significant
role in promoting environmental protection and conservation in India. PIL
has empowered citizens to take action against environmental violations
and seek relief from the judiciary. PIL has also helped to create
awareness among citizens about environmental issues and their rights.
The landmark judgments passed by the Supreme Court in response to
PILs have led to the establishment of various institutions, the adoption of
new environmental laws and regulations, and the implementation of
pollution control measures
3. What are the source of causing water pollution? EXPLAIN
Constitution and Functions OF THE WATER (PREVENTION AND
CONTROL OF POLLUTION) ACT, 1974.

Introduction
Water pollution is the contamination of water sources by substances
which make the water unusable for drinking, cooking, cleaning, swimming,
and other activities. Pollutants include chemicals, trash, bacteria, and
parasites. ... Land pollution can seep into an underground stream, then to a
river, and finally to the ocean.
Sources of Water Pollution
The most significant sources of water pollution.
a. Sewage (Waste Water)
Sewage is another name for waste water from domestic and industrial
processes. Despite strict regulatory control, the Environment Agency data
shows that the water and sewage industry accounted for almost a quarter
of the serious water incidents in England and Wales in 2006.
b. Agricultural Pollution
Agricultural processes such as uncontrolled spreading of slurries and
manure, disposal of sheep dip, tillage, ploughing of the land, use of
pesticides and fertilisers can cause water pollution. Accidental spills from
milk dairies can also affect the quality of water.
c. Oil Pollution
Oil spillages affect water quality in a number of ways. Oil can make drinking
water unsafe to drink. A substantial amount of oil released into oceans
and seas will destroy wildlife and the ecosystems that sustain them. Oil
spills also reduce oxygen supplies within the water environment. The main
causes of oil related water pollution are:
 loss from storage facilities
 spillage during delivery and;
 deliberate disposal of waste oil to drainage systems
d. Radioactive Substances
Radioactive waste is another source of water pollution. Radioactive
substances are used in nuclear power plants, industrial, medical and
other scientific processes. They can be found in watches, luminous
clocks, television sets and x-ray machinery. There are also naturally
occurring radioisotopes from organisms and within the environment. If
not properly disposed of, radioactive waste can result in serious water
pollution incidents.
e. River dumping
Lots of people dump supermarket trolleys, bicycles, garden cuttings and
electronic waste into rivers or river banks. River dumping not only causes
water pollution; it also harms wildlife and increases the risk of flooding.
f. Marine Dumping
The Worldwide Fund for Nature (WWF) estimates that a staggering amount
of waste enters into the sea every year. Part of this is due to deliberate
dumping of waste into coastal waters. Other sources of waste at sea
include plastics and other materials blown or washed from land.
Water (Prevention and Control of Pollution) Act,1974
The Act came into force in 1974 and is applicable to the states of Assam,
Bihar, Madhya Pradesh, Gujrat, Haryana, Tripura, West Bengal, Jammu and
Kashmir, Rajasthan, Kerala, and the union territories. It could also be
adopted by any state through a resolution passed declaring to adopt the
Act. The Water (Prevention and Control) Act, 1974 was introduced to
prevent and control water pollution and to restore and maintain the
wholesomeness of water for the establishment.
The Act also confers some powers to the established bodies such as the
central board and the state board to control pollution of the water bodies.
Agencies for controlling Water Pollution
There are two agencies set up as per the Act for controlling and
preventing water pollution.
1. Central Board- Central Pollution Control Board
2. State Board- State Pollution Control Board
Constitution of State Pollution Control Board (Section 4)
1. The state government through an official notice in the Gazette has
the power to assign or set up a state board named as State Pollution
Control Board. The composition of the state board is as follows:
a) A Chairman who either has the knowledge or some experience in
dealing with cases relating to environmental pollution.
b) Not more than 5 members appointed by the state government
to represent the government.
c) Not more than 2 persons by the state government who are
functioning as members of the local authorities within the state
d) Not more than 3 persons nominated by the state government to
represent the interest of fisheries, agriculture, trade and any other
interest as the government may seem fit.
e) 2 person from companies, corporations which are either
controlled, owned or managed by the state.
f) A member secretary who has the knowledge, qualifications, and
experience in dealing with cases pertaining to environmental
pollution.

Functions Of the Central Board

According to Section-16, the following are the functions of the Central
Board:
1. To promote cleanliness of streams and wells in different areas of the
state.
2. To advise the Central Govt, on matters concerning the prevention
and control of water pollution.
3. To co-ordinate the actions of the State Board and resolve disputes
among them.
4. To provide technical assistance and guidance to the State Boards to
carry out research in prevention and control of water pollution
problems.
5. To organize training of persons engaged in pollution control.
 6. To organise comprehensive programme for pollution control through
mass media.
7. To lay down standards for streams or wells.
8. To prepare manuals, codes or guides for treatment and disposal of
sewage and trade effluents.
9. To establish or recognise laboratories for analysis of water samples
from any stream, well or trade effluents.

Functions Of the State Board

According to Section-17, the following are the functions of the State
Board:
1. Planning a comprehensive programme for prevention, control and
abatement of pollution of streams and wells.
2. Advising the State Government regarding water pollution control or
location of industries.
3. Conducting and encouraging investigations and research relating to
different aspects of water pollution.
4. To collaborate with the Central Board for training personnel for
handling water pollution programmes and organising related mass
education programmes.
5. Inspecting trade effluents and waste water treatment plants.
6. Prescribing effluent standards for the sewage and trade effluents.
7. Evolving economical and reliable methods of disposal, treatment and
reuse of waste water (in agriculture).
8. Laying down the standards of treatment of sewage and trade
effluents to be discharged into any stream.
9. Making, varying or revoking any order for preservation or control of
discharge of waste into streams and wells or construction of systems
for disposal of effluents.
[Link] or recognising laboratories for analysis of samples.
[Link] such functions as may be entrusted by Central Board or
State governments.
4. Discuss the salient features of National Green
Tribunal Act, 2010.
Introduction
The Stockholm Declaration of 1972 recognised the necessity for the
formation of a central specialised body to resolve environmental issues in a
timely manner. The declaration was approved at the Rio de Janeiro
conference. The summit agreed that nationalised courts/tribunals were
needed to appropriately handle the issue of environmental
protection.
The need for a national tribunal to dispose of matters related to
environmental protection was first felt in 1986 by the Supreme Court in the
Oleum gas leak case and later by the law commission in its 186th report in
2003. The National Green Tribunal was formed in the year 2010 under
Section 3 of the National Green Tribunal Act, 2010. It is a statutory body
formed for the expeditious disposal of disputes relating to environmental
protection and conservation of natural resources.
The formation of this specialised agency was guided by the provisions of
Article 21 of the Indian Constitution. Article 323(B) of the Indian Constitution
provides for the establishment of tribunals in the country. The National
Green Tribunal is not bound by either the Code of Civil Procedure (1908) or
the Indian Evidence Act (1872) but works on the principles of natural
justice.

National Green Tribunal Act 2010

This act is known as the National Green Tribunal Act, 2010. The first Green
Tribunal which got established officially was notified on 19th October 2010.
Composition of National Green Tribunal
The composition of the National Green Tribunal is given in Section 4 of
Chapter II of the National Green Tribunal Act, 2010.
 The tribunal shall consist of the following people:
o A full-time Chairperson;
o At least 10 members and not more than 20 members consisting
of full-time Judicial officials as notified by the Central Government
from time to time;
o At least 10 members and not more than 20 members consisting
of Experts as notified by the Central Government from time to time.
 The Chairperson may, anytime, invite anyone who has specialized
knowledge and experience regarding environmental issues filed before
the Tribunal for the purpose of assistance.
 By notification, the Central Government can anytime specify the sitting
place of the Tribunal and the territorial jurisdiction falling under all the
places.
 In consultation with the Chairperson of the Tribunal, the Central
Government can make rules regarding the procedures and practices
followed by the Tribunal which includes the following:
o The rules regarding the persons who shall be entitled to appear
before the Tribunal;
 o The rules regarding the procedure by which the Tribunal hears
applications and appeals and any other matter related to such
applications or appeals.
o The rules regarding the number of members who can hear the
appeals and applications – with respect to their class or classes.
The number of experts hearing an appeal or application should
be equal to the number of Judicial members hearing the same
appeal or application.
o The rules related to the shifting of a case from one place to
another by the Chairperson.

Jurisdiction and Powers of the National Green Tribunal

The National Green Tribunal has the power to hear all civil cases relating to
environment that are linked to the implementation of all the laws listed in
Schedule I of the Act. These are mentioned below:
 The Water (Prevention and Control of Pollution) Act, 1974;
 The Water (Prevention and Control of Pollution) Cess Act, 1977;
 The Forest (Conservation) Act, 1980;
 The Air (Prevention and Control of Pollution) Act, 1981;
 The Environment (Protection) Act, 1986;
 The Public Liability Insurance Act, 1991;
 The Biological Diversity Act, 2002.

This means that in case of any infringement of these laws or any order
given by the Government under these laws which is not proper can be
challenged in the National Green Tribunal and will be decided there.
 Most importantly, the National Green Tribunal has not been given the
powers to hear any cases relating to the Wildlife (Protection) Act, 1972,
the Indian Forest Act, 1927 and various laws enacted by States
relating to forests, tree preservation and various other laws.
 The National Green Tribunal has jurisdiction to decide all the cases
which involve substantial questions regarding the environment and
its protection and any legal rights in connection with it.
 The tribunal, being a statutory authority, not only exercises original
jurisdiction on filing an application but also has appellate jurisdiction
through which it hears appeals as a Court.
 The tribunal is not bound by the procedure mentioned under the
Civil Procedure Code, 1908 and it applies the principles of natural
justice while deciding any matter.
 All the principles such as sustainable development, polluter pays and
precautionary principles, are considered by the tribunal before deciding
any case.
 The National Green Tribunal, by an order can provide the following:
o Compensation and relief to all the people who are the victims of
pollution and environmental damage and it also includes
accidents which happen while handling hazardous substances.
o Restitution of a damaged property
 o Restitution of the environment for areas which the tribunal may think
fit.
 An appeal against any order given by the tribunal can be made before
the Supreme Court of India within ninety days from the date of
communication of the order regarding the case.
Objectives of the National Green Tribunal
There are three important objectives of the National Green Tribunal, they
are:
 The speedy and effective disposal of all the cases related to
environmental protection and other natural resources. All the
previous pending cases will also be decided by the Tribunal.
 Its main aim is to legally enforce all the rights relating to the
environment.
 It accounts for providing compensation and justice to all the
affected people in case of any damage.

Conclusion
The fast expansion of Industries and the beginning of developmental
activities in the country a large number of environmental issues have
begun to come up. There are a number of instances in which these
human activities have caused damage to the environment which in some
cases cannot be recovered. India is one of the nations in the world who
give a high amount of importance to environmental conservation and its
protection. There are already a number of legislations which have been
passed by the Parliament to deal with the environment and forest
conservation and their protection. The Green Tribunal adds another
feather to this by specifically dealing with environmental issues.
5. What is the meaning of air pollutant? Discuss the
function and power of State Pollution Control Board
under Air (Prevention and Control of Pollution) Act,
1981.
An air pollutant is a material in the air that can have adverse effects on
humans and the ecosystem. The substance can be solid particles, liquid
droplets, or gases. A pollutant can be of natural origin or man-made.
Pollutants are classified as primary or secondary. Primary pollutants are
usually produced by processes such as ash from a volcanic eruption.
Other examples include carbon monoxide gas from motor vehicle
exhausts or sulphur dioxide released from factories. Secondary pollutants
are not emitted directly. Rather, they form in the air when primary
pollutants react or interact. Ground level ozone is a prominent example of
a secondary pollutant. Some pollutants may be both primary and
secondary: they are both emitted directly and formed from other
primary pollutants.
Pollutants emitted into the atmosphere by human activity include:
 Carbon dioxide (CO2).
 Sulfur oxides (SOx).
 Nitrogen oxides (NOx).
 Carbon monoxide (CO).
 Volatile organic compounds (VOC).
 Particulate matter/particles, alternatively referred to as particulate
matter (PM).
 Persistent free radicals connected to airborne fine particles.
 Toxic metals, such as lead and mercury, especially their compounds.
 Chlorofluorocarbons (CFCs)
 Ammonia
 Odors
 Radioactive pollutants

Secondary pollutants include:

 Particulates created from gaseous primary pollutants and
compounds in photochemical smog.
 Ground level ozone (O3).
 Peroxyacetyl nitrate (C2H3NO5). Minor air pollutants include:
A large number of minor hazardous air pollutants. Some of these are
regulated in USA under the Clean Air Act and in Europe under the Air
Framework Directive.
A variety of persistent organic pollutants, which can attach to
particulates Persistent organic pollutants (POPs) are organic
compounds that are resistant to environmental degradation through
chemical, biological, and photolytic processes. Because of this, they
have been observed to persist in the environment, to be capable of
long-range transport, bioaccumulate in human and animal tissue, bio
magnify in food chains, and to have potentially significant impacts on
human health and the environment.
Air Pollutant: Definition
 Section 2(a) defines ‘air pollutant’ as any solid, liquid or gaseous
substance that may be harming or injuring the environment, humans,
other living creatures, plants or even property. Through a 1987
Amendment, the noise was also included in the list of substances that
are deemed to be harmful to the environment. Therefore, this Act also
provides for the regulation of noise pollution.
 Section 2(b) defines ‘air pollution’ as the presence of any air pollutant
in the atmosphere.

Functions of the State Pollution Control Boards

Section 17 lays down the functions to be performed by the State Boards-
 The State Board shall plan and implement comprehensive
programmes for prevention, control or abatement of air
pollution. It shall also advise the State Government on such
matters.
 It shall collect and disseminate information regarding air
pollution. It shall organise training and mass awareness
programmes regarding air pollution control, prevention and
abatement.
 It shall inspect, at reasonable times, any control equipment,
industrial plant or manufacturing process and give orders to the
people in charge to further the purposes of combating air
pollution.
 It shall inspect and assess the air quality at designated air pollution
control areas as it may think necessary.
 It shall lay down standards for the emission of air pollutants into the
atmosphere from automobiles or industries, or any other
pollutant from any source. However, a ship or aircraft cannot come
into the ambit of a source.
 The State Boards shall also advise the State Government regarding
the suitability of any location which is to be used for setting up any
industry, keeping in mind the air quality which would be impacted if
that industry is set up.
 The Boards shall also set up labs in their States, to enable the
State Board to perform its functions effectively.

Powers of the State Pollution Control Boards

 Power to give directions: Section 18 states that the Central
Board shall follow the directions of the Central Government while
the State Boards shall follow the directions of the respective State
Governments. Where a decision of the Central Board and a State
Government direction are conflicting, the matter shall go to the
Central Government for resolution. Where the Central
Government thinks that a grave emergency has arisen due to the
State Board defaulting in complying with the orders of the
Central Board, then it can perform the functions of the State
 Board.
 Section 31A prescribes that the Central Government may issue
directions to any person, officer or authority and such party shall
be bound to follow the directions. These instructions should be
within the powers and functions of the Board, and include-
1. Closure, prohibition, regulation of any industry, process or
operation.
2. Stoppage or regulation of supply of water, electricity, or any
other service.

 Power to declare air pollution areas: Section 19 of the Act

states that the State Government, after consulting the State
Board, may declare an area within the State as an ‘air pollution
area’. The State Government may also order for the extension or
reduction of an air pollution area or may even merge one or
more areas to make a new pollution area or any part or parts
thereof.

 Power to give restrictions for ensuring standards for

emissions from automobiles:
Section 20 states that the State Government may, after consulting
the State Board, issue instructions to the authority responsible for
the registration of vehicles under the Motor Vehicles Act 1939 and
such authority shall be bound to follow these instructions. This is
done to ensure that the standards of emission prescribed under
Section 17(1)(g) are complied with.

 Persons carrying on industry, etc., not to allow emission

of air pollutants in excess of the standard laid down by State
Board: Section 22 states that no person heading an industry
shall emit any excess amount of emissions than the standards
set out by the State Board.
 Power of Board to make application to Court for
restraining a person from causing air pollution: Under
Section 22A, when the Board believes that there is excess emission
being caused by a person running an industrial plant in any air
pollution area, then the Board can make an application before the
Court to restrain him from doing the same.
 Furnishing of information to State Board and other
agencies in certain cases: Under Section 23, where any
emission over the prescribed limit occurs due to an accident or
unforeseen event, the person operating the industrial plant shall
report about the facts of the same to the State Board and other
relevant authorities, to which they shall take remedial action as
soon as possible.
 Power of entry and inspection: Under Section 24, a person
authorised by the State Board shall have the power to gain entry
into any place for carrying out the performance of any of the
 functions assigned to him. He may examine and inspect any
control equipment, industrial plant, record, register or any other
document or object or any place which he has reason to believe
was used for the commission of any offence under this Act. the
person in charge of these equipment, plants, record etc shall
assist the person from the State Board to perform the functions.
Not doing so, will be an offence.
 Power to obtain information: In Section 25, it is stated that
the State Board or any person empowered under it shall have the
power to call the person operating such plant or control equipment
about any information regarding the type of air pollutant and the
amount of emissions released by such plant or equipment. It
shall also carry out inspections for verifying the same.
 Power to take samples from air or emission and
procedure to be followed: Section 26(1) states that samples of
air or emissions may be taken from any chimney, flue, duct or any
outlet as prescribed. The samples shall be admissible in legal
proceedings only on the compliance of conditions laid down in
Section 26(3) and 26(4). These are-
1. The person taking the sample shall notify the occupier or agent
of such occupier, of the place from where the sample has been
taken.
2. The sample shall be collected in the presence of the occupier or
his agent.
3. The sample shall be placed in a container, marked and sealed.
The container shall be signed by both the person taking the
sample and the occupier or his agent. This sample shall be
sent to labs for testing and analysis.

Conclusion
It is observed that the legislation to deal with air pollution is pretty strict
and well formulated. It encompasses the scientific aspects of managing
air pollution with the actions of State and Central bodies. The Pollution
Control Boards are bestowed with a wide range of powers and functions to
check emission limits and take appropriate action. However, enforcement
still remains lax.
6. Define Biodiversity. Discuss the function of state and national
biodiversity board under Biodiversity Act?

Biological Diversity means the variability among living organisms from all
sources, including interalia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part and this
includes diversity within species, between species and of ecosystems.
Biodiversity is defined as the variety and variability among living
organisms and the ecological complexes in which they occur is measured
at three levels viz., genes, species and ecosystem.
Biodiversity describes the richness and variety of life on earth. It is the
most complex and important feature of our planet. Without biodiversity,
life would not sustain.
The term biodiversity was coined in 1985. It is important in natural as
well as artificial ecosystems. It deals with nature’s variety, the biosphere.
It refers to variabilities among plants, animals and microorganism
species.
Biodiversity includes the number of different organisms and their relative
frequencies in an ecosystem. It also reflects the organization of
organisms at different levels.
Biodiversity holds ecological and economic significance. It provides us
with nourishment, housing, fuel, clothing and several other resources. It
also extracts monetary benefits through tourism. Therefore, it is very
important to have a good knowledge of biodiversity for a sustainable
livelihood.

Types of Biodiversity
There are the following three different types of biodiversity:
a. Species diversity
Species diversity refers to the variety of different types of species found
in a particular area.
b. Genetic diversity
It refers to the variations among the genetic resources of the organisms.
Every individual of a particular species differs from each other in their
genetic constitution.
c. Ecological diversity
An ecosystem is a collection of living and non-living organisms and their
interaction with each other.

Importance of Biodiversity
Biodiversity and its maintenance are very important for sustaining life on
earth. A few of the reasons explaining the importance of biodiversity are:
Ecological Stability
Every species has a specific role in an ecosystem. They capture and store
energy and also produce and decompose organic matter. The ecosystem
supports the services without which humans cannot survive. A diverse
ecosystem is more productive and can withstand environmental stress.
Economic Importance
Biodiversity is a reservoir of resources for the manufacture of food,
cosmetic products and pharmaceuticals. Crops livestock, fishery, and
forests are a rich sources of food. Wild plants such as Cinchona and
Foxglove plant are used for medicinal purposes. Wood, fibres, perfumes,
lubricants, rubber, resins, poison and cork are all derived from different
plant species.
The national parks and sanctuaries are a source of tourism. They are a
source of beauty and joy for many people.

Ethical Importance
All species have a right to exist. Humans should not cause their voluntary
extinction. Biodiversity preserves different cultures and spiritual heritage.
Therefore, it is very important to conserve biodiversity.

Biodiversity in India
India is one of the most diverse nations in the world. It ranks ninth in
terms of plant species richness. Two of the world’s 25 biodiversity
hotspots are found in India. It is the origin of important crop species such
as pigeon pea, eggplant, cucumber, cotton and sesame. India is also a
centre of various domesticated species such as millets, cereals, legumes,
vegetables, medicinal and aromatic crops, etc.
India is equally diverse in its faunal wealth. There are about 91000 animal
species found here.

The Biological Diversity Act, 2002 was enacted in 2002, it aims at the
conservation of biological resources, managing its sustainable use and
enabling fair and equitable sharing benefits arising out of the use and
knowledge of biological resources with the local communities.

Framework of Biological Diversity Act, 2002

 A three-tiered framework was envisioned by the legislation to
control access to biological resources:
 The National Biodiversity Authority (NBA)
 The State Biodiversity Boards (SBBs)
 The Biodiversity Management Committees (BMCs) (at local level)

The National Biodiversity Authority(NBA)

The National Biodiversity Authority (NBA) was established in 2003 by the
Central Government to implement India’s Biological Diversity Act (2002).
It is a Statutory body that performs facilitative, regulatory and advisory
functions for the Government of India on the issue of Conservation and
sustainable use of biological resources.

Functions and Powers of NBA:

• Regulate activities, approve and advice the government of India on
research, commercial, bio-survey and bio-utilization.
• Grant approval to Section 3,4 and 6.
• Certain persons not to undertake Biodiversity related activities without
approval of National Biodiversity Authority (Section 3).
• Results of research not to be transferred to certain persons without
approval of National Biodiversity Authority (Section 4).
• Application for IPR rights not to be made without approval of National
Biodiversity Authority (Section 6).
• Perform such other functions as may be necessary to carry out the
provisions of this act.

Approvals by NBA:
• Any person who intends to access or apply for a patent or any other
form of IPR protection whether in India or outside India referred to sub-
section (1) of Section 6 may make an application prescribed by NBA.
• Any person who intends to transfer any biological resource or
knowledge associated thereto referred to sub-section (1) of Section 3
shall make an application in such form and in such manner as may be
prescribed to the National Biodiversity Authority.
• Determination of equitable benefit sharing by National Biodiversity
Authority.

State Biodiversity Boards (SBBs)

The SBBs are established by the State Governments in accordance with
Section 22 of the Act.
Functions of SBBs
 Advise the State Government, subject to any guidelines issued by
the Central Government, on matters relating to the conservation,
sustainable use or sharing equitable benefits.
 Regulate by granting approvals or otherwise requests for commercial
utilisation or bio-survey and bio-utilisation of any biological resource
by people.

Note:
There are no State Biodiversity Boards constituted for Union territories.
The National Biodiversity Authority exercises the powers and performs the
functions of a State Biodiversity Board for the UTs.

Conclusion:
The conservation and sustainable use of biological diversity is critical
importance of meeting of food, fodder, fiber, health, water and other
needs of growing world population for which purpose, access to and
sharing of both genetic resources and technologies are essential. The
conservation of biological diversity is a serious and common concern of
human beings for better living.
 7. Define Habitat, wild life and sanctuary. What is the object
behind the enactment of Wildlife Protection Act 1972.
Habitat :
A habitat is a place where an organism makes its home. A habitat meets
all the environmental conditions an organism needs to survive. For
an animal, that means everything it needs to find and gather food, select
a mate, and successfully reproduce.
For a plant, a good habitat must provide the right combination of light,
air, water, and soil. For example, the prickly pear cactus, which is
adapted for sandy soil, dry climates, and bright sunlight, grows well
in desert areas like the Sonoran Desert in northwest Mexico. It would
not thrive in wet, cool areas with a large amount of overcast (shady)
weather, like the U.S. states of Oregon or Washington.
The main components of a habitat are shelter, water, food, and space. A
habitat is said to have a suitable arrangement when it has the correct
amount of all of these. Sometimes, a habitat can meet some components
of a suitable arrangement, but not all.

For example, a habitat for a puma could have the right amount of food
(deer, porcupine, rabbits, and rodents), water (a lake, river, or spring),
and shelter (trees or dens on the forest floor). The puma habitat would
not have a suitable arrangement, however, if it lacks enough space for
this large predator to establish its own territory. An animal might lose this
component of habitat—space—when humans start building homes and
businesses, pushing an animal into an area too small for it to survive.

Wildlife:
Wildlife refers to undomesticated animal species, but all animals that
evolve or exist in the wild in an environment without human introduction
have come to be included. In all habitats, biodiversity can be found.
There are distinct types of wildlife in deserts, forests, rainforests, plains,
grasslands, and other regions, including the most populated urban areas.
Although the term generally applies to animals in popular culture that are
unaffected by human influences, most scientists accept that human
activities influence a great deal of wildlife.

Sanctuary:
A wildlife sanctuary is an area where animal habitats and their
surroundings are protected from any sort of disturbance. The capturing,
killing and poaching of animals is strictly prohibited in these regions.
They aim at providing a comfortable living to the animals. India has
beautiful wildlife sanctuaries, with dense forests, large rivers, high and
beautiful mountains.
Tourism is not permitted in a wildlife sanctuary. People are not allowed
unescorted there. The main objective of establishing a wildlife sanctuary
is to educate humans as to how to treat the animals. The animals are
taken care of and allowed to live peacefully in their natural habitats.
WPA:
India is a country which is very rich in flora and fauna. It is land consisting
of 10% of the world’s species. According to the International Union for
Conservation of Nature, India constitutes 7-8% of all species, including
plants and animals. The statistics is given below-
 There are approximately 45,000 plant species, which constitutes
7% of the world’s total.
 There are approximately 15,000 flowering plants, which
constitutes 6% of the world’s total.
 There are approximately 91,000 animal species which include
insects, fish, birds, mammals, reptiles and amphibians and
molluscs.
 There are approximately 449 species of livestock which include
sheep, cattle and goats.
With large buildings replacing the forests all around the world, the
ecological balance is at great risk and hence it can cause various natural
disasters. Once the areas which were filled with various species of wildlife
have now become devoid of it. There is a rapid decline of wild animals in
India. Many species of birds and animals are extinct in our country like
the pink-headed duck, Indian aurochs, Asiatic cheetah, and some species
are endangered like the Bengal tiger, Asiatic lion, Indian rhinoceros etc. It
was of major concern and which necessitates the need to bring in the
legislation for the protection of wildlife.
Wildlife can be defined as the various fauna and flora of a particular
region collectively. In other words, non-domesticated animals, all plants
and other organisms which are present in such wild areas are also called
wildlife.
The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament of
India on August 21, 1972, and later implemented on 9 September 1972.
This Act was enacted for the protection of plants, birds and animal
species. The Wildlife Protection Act is an umbrella Act to protect wild
animals and plants. Before this Act was enacted there were very few
national parks. This Act includes provisions for protection of plants and
animals, hunting, harvesting and various other ancillary matters
connected thereto. It has six schedules which extend to all over India.
Under this Act, various kinds of penalties are also laid down for the
violation of the laws contained therein. This Act contains 66 sections and
six schedules.

Objectives of Wild Life (Protection) Act, 1872

1. One of the main objectives is to prohibit the hunting of wild
animals, various species of birds etc.
2. It lays down various punishments for the violation of rules and
regulations to have proper control over the activities of human
beings and to serve the various purposes of this Act.
3. Various Schedules contained under this Act give absolute
protection to some endangered species so that they can be
protected.
4. To provide shelter and protect the animals which are not in danger
but need protection and security.
5. To specially protected animals that can be hunted like ducks, deer
etc. For hunting such animals, the hunter has to obtain a license
from the District Officer. If the license is granted, he would be
given a certain restricted area to shoot the animals and in a
particular season. Any of the acts which result in infringement of
such a license will be cancelled.
6. One of the important objectives is to give powers in the hand of
officers to punish the one who is guilty under this Act.
7. To help the state government and central government to declare
any area as sanctuaries or national parks.
8. To plant trees and build protected animal parks so that such
animals are protected in environment-friendly and natural areas.
9. To establish wildlife advisory boards, wildlife warden and to
appoint the members with their duties and power.
10. To support the Convention of International Trade in
Endangered Species of Fauna and Flora (CITES, 1976).
11. To support the launching of the National component of
UNESCO’s Man and Biosphere Programme, 1971.
12. To provide protection even for some endangered plants.
13. To impose a ban on trade and commerce of certain protected
species.
14. To provide trade and commerce of some wild species by
providing a license for possession, sale, and transfer.
15. To maintain the diversity of flora and fauna of the country and
also to maintain a healthy ecological balance.
8. STOCKHOLM CONFERENCE

INTRODUCTION:
In response to the growing environmental movement of the 1960s, many
nations began to take actions to protect the environment within their
borders. In 1968-1969, the General Assembly, by Resolutions 2398 and
2581 decided to conduct the conference.
In 1972, the United Nations Conference on the Human Environment
(UNCHE) was convened to address issues concerning the environment
and sustainable development. The Conference was held in Stockholm
from 5th to 16th June, 1972. Representatives from 113 nations and over
400 non-governmental organizations (NGOs) attended the Stockholm
Conference.
UNCHE, also known as the Stockholm Conference, linked environmental
protection with sustainable development. The concepts and plans
developed by the Stockholm Conference have shaped every
international conference and treaty on the environment over the last 35
years.

GENERAL FRAMEWORK OF THE CONFERENCE:

The general framework of the conference includes human settlements
and environmental quality.
a. Problems and management of human settlements:
Planning and management of human settlements for environmental
quality, including problems of housing, transitional settlements, slums,
family planning, malnutrition, and noise
b. Natural Resource Management:
Environmental aspects of natural resource management, including the
setting up of genetic banks of plants and animals, forests and wildlife,
and the question of development of water, mineral and energy resources
with least damage to the environment.
c. Pollution Control Measures:
Identification and control of pollutants of broad international
significance, including establishment of limits for common air and water
contaminants, pollution research and efficient pollution control
technology.
d. Social and Cultural Aspects:
Educational, informational, social and cultural aspects of environmental
issues, including public and specialized technical education
e. Development and Environment:
Development and environment which includes, inter alia, the possibility
of pollution reduction by switching over to natural materials from
synthetics

Principles and Recommendations of the Conference:

The Stockholm Declaration on Environment comprises a proclamation of
26 principles and submission of recommendations. These are :
 Human-centric (Principles 1 and 15)
  Sustainable development (Principles 2, 3, 4, 5, 13 and 14)
 Reflection on customary international law position (Principle 21)
 Preventive actions (Principles 6,7,8 and 18)
 Compensation to Victims (Principle 22)
 Cooperation (Principles 24 and 25)
 Other principles (Principles 11, 19, 20, 09, 10, 12, 16, 17, 19, 26)

Some important principles are discussed as below:

(1) Right to Protect Environment:
Man bears a solemn responsibility to protect and improve the
environment for present and future generation.
(2) Management of Natural Resources:
The natural resources of the earth must be safeguarded for the benefit
of present and future generations through careful planning or
management as appropriate.
(a)Non-Renewable Resources: The non-renewable resources of the
earth must be employed in such a way as to guard against their
future exhaustion and to ensure that benefits from such
employment are shared by all mankind.
(b) Renewable Resources: The capacity of the earth to produce vital
renewable resources must be maintained and, wherever
practicable, restored or improved.
(3) Conservation of Wildlife:
Man has a special responsibility to safeguard and wisely manage the
heritage of wildlife and its habitat.
(4) Population Policy:
Demographic policies should be applied, where the rate of population
growth or excessive population concentrations are likely to have adverse
effects on the environment or development.
(5) Environment and Development:
States should adopt an integrated and coordinated approach to their
development planning so as to ensure that development is compatible
with the need to protect and improve the human environment.
(6) Pollution Control:
States shall take all possible steps to prevent pollution of the seas by
substances that are liable to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere with
other legitimate uses of the sea.
(7) Resource Planning:
Resource should be made available to preserve and improve the
environment, taking into account the requirements of developing
countries and any costs which may emanate from their incorporating
environmental safeguards into their development planning and the need
for making available to them additional international technical and
financial assistance for this purpose.
(8) Ban on Nuclear Weapons:
Man and his environment must be spared the effects of nuclear weapons
and all other means of mass destruction. States must strive to reach
prompt agreement, in the relevant international organs, on the
elimination and complete destruction of such weapons.
Conclusion
The Stockholm declaration was the first truly global cooperation on
environmental issues. The convention witnessed the participation of 114
countries. The agenda was to create a better international jurisprudence
for environmental law. The declaration focused on setting environmental
goals, reducing pollution, and damages to the environment. The
declaration also recognizes the important role played by humans in
changing the environment. The 26 principles in the declaration serve as a
guiding light to the nations.
9. RIO EARTH SUMMIT

Earth Summit, also called Rio Summit or Rio conference, was the United
Nations Conference on Environment and Development (UNCED) held from
3 to 14 June 1992. The goal of the Rio Earth Summit was to define a
comprehensive agenda and a fresh strategy for global action on
environment and development challenges in the twenty-first century.
In the Brazilian city of Rio de Janeiro, the Earth Summit took place in 1992.
The summit was attended by the leaders of 118 governments and over
178 countries. As a result, the Rio Declaration, which reaffirmed the ideals
of sustainable development, was born from the Earth Summit. The Rio
Earth Summit had the following significant elements:
The Rio Declaration, which was intended to serve as a roadmap for
environmental and economic progress, contained 27 principles. The right
of governments to use their resources in accordance with the principles of
sustainable forest management was stressed in the Forest Principles. The
Earth Summit also unveiled a number of policies intended to lessen the
threat of global warming and the global impact of climate change.

The Earth Summit 1992 concluded that sustainable development was an

achievable global goal while focusing on economic, social and
environmental concerns. Earth Summit 1992, a convention where 179
national government leaders met in Rio de Janeiro. This event also served
as the official launch event for UNCED. One of the most notable outcomes
of the Rio Earth Summit was Agenda 21.
Earth Summit of Rio de Janeiro 1992 resulted in:
• Agenda 21
• Rio Declaration on Environment and Development
• Forest Principles
Rio Summit Agenda 21
The second most important outcome of the Rio summit 1992 was Agenda
21. It is a plan comprehensively created for sustainable development. This
agenda, via social and economic methods, addresses environmental
problems. The implementation of the Agenda 21 is assigned to the UN
Commission on Sustainable Development.
Agenda 21’ of Rio Summit 1992 is Related to
The ‘agenda 21’ of Rio summit 1992 is related to the environment and
sustainable development. The four categories covered in the Agenda 21
proposed in the Rio summit are:
• Social and Economic Dimensions
• Strengthening the Role of Major Groups
• Means of Implementation
• Resources for Development Conservation and Management
Rio Declaration on Environment and Development
The rights and obligations of states in the fields of environmental
protection and sustainable development are outlined in the Rio Declaration
on Environment and Development, a set of guiding principles. This was an
 important document and guideline released by the UN for future
generations.
According to the Rio Declaration on Environment and Development,
countries can utilize natural resources inside their borders as long as it
doesn’t harm other countries’ environments. It also requests that local,
state, and federal governments create policies to safeguard the natural
world and its resources for coming generations.
Rio Summit Forest Principles
The other important outcome of the Rio summit is the forest principle. It is
also called Rio Forest principles. Forest principles laid out by the UN are a
non-binding legal framework based on forestry.

Environmental Treaties of Rio Earth Summit 1992

The Rio summit is also renowned for producing the two following treaties,
which have received widespread recognition from different countries. Two
Rio Summit environmental agreements are:
 United Nations Framework Convention on Climate Change
 Convention on Biological Diversity
United Nations Framework Convention on Climate Change
The Earth summit in 2022 also included a proposal for this international
agreement. The UNFCCC is another name for the UN Framework
Convention on Climate Change. In order to concentrate on the problem of
greenhouse gas emissions, a significant treaty was suggested. More than
190 countries ratified the UNFCCC as an agreement.

Convention on Biological Diversity

The 1992 Rio conference had a significant impact on biodiversity among
other things. The goal of the Convention on Biological Diversity was to
protect biodiversity. 180 countries joined together to sign this significant
agreement. Regarding biological reserves, the objectives of the convention
on biological diversity were as follows:growth and conservation. This
document was a compromised result after the discussion with the
developed nations.
Environmental Treaties of Rio Summit
The Rio summit is also known for the successful production of two
following treaties highly praised by various nations. Two environmental
treaties of the Rio Summit are
• Convention on Biological Diversity
• United Nations Framework Convention on Climate Change
Convention on Biological Diversity
The Rio summit 1992 was impactful in various aspects, and the impact on
Biodiversity is one of them. The Convention on Biological Diversity was
directed toward the preservation of biodiversity. For this impactful treaty,
180 nations signed the convention.
The goals of the convention on Biological diversity regarding the biological
reserves were:
• Biodiversity conservation
• Resources’ sustainable use
 • Resources’ fair and equitable sharing

United Nations Framework Convention on Climate Change

This international treaty was also proposed at the Earth summit 2022.
United Nations Framework Convention on Climate Change is sometimes
also called the UNFCCC. It was an important treaty proposed to focus on
the issue of greenhouse gas emissions. UNFCCC was an agreement that
was officially accepted by more than 190 nations.

Conclusion
Rio summit did occur at a big level with great after-effects, but most of the
objectives were left unachieved. The ideas and intentions with which
various agendas and treaties were launched were not fully converted, and
left underachieved.
The main focus of the Rio summit was on temperature control, but the
temperature has increased drastically over the past few decades. At Rio
Summit in 1992, it was believed that sustainable development could be
achieved irrespective of where anyone is. The economic, social, and
environmental considerations shall be balanced to reach a sustainable
environment.