NIOS Class 12 Introduction to Law Chapter 26 General Principles of Environment Law

NIOS Class 12 Introduction to Law Chapter 26 General Principles of Environment Law Solutions English Medium As Per New Syllabus. to each chapter is provided in the list so that you can easily browse throughout different chapters NIOS Class 12 Introduction to Law Chapter 26 General Principles of Environment Law Notes and select need one. NIOS Class 12 Introduction to Law Chapter 26 General Principles of Environment Law Question Answers Download PDF. NIOS Study Material of Class 12 Introduction to Law Paper Code: 338.

NIOS Class 12 Introduction to Law Chapter 26 General Principles of Environment Law

Also, you can read the NIOS book online in these sections Solutions by Expert Teachers as per National Institute of Open Schooling (NIOS) Book guidelines. These solutions are part of NIOS All Subject Solutions. Here we have given NIOS Class 12 Introduction to Law Chapter 26 General Principles of Environment Law Solutions, NIOS Senior Secondary Course Introduction to Law in Hindi Medium for All Chapter, You can practice these here.

General Principles of Environment Law

Chapter: 26

Module – 7 A: Environmental Law and Sustainable Development

INTEXT QUESTIONS 26.1 

1. Define the term ‘Environment’. 

Ans: The ‘Environment’ is the sum total of water, air and land and the interrelationships that exist among them with the human beings, other living organisms and materials.

2. What do you understand by the term ‘Pollution’?

Ans: ‘Pollution’ is a civil wrong, by its very nature it is a tort committed against the community as whole. Pollution can take the form of chemical substances or energy, such as noise, heat or light. Pollutants, the components of pollution, can be either foreign substances or naturally occurring Contaminants

INTEXT QUESTIONS 26.2 

1. Explain the ‘Polluter Pays Principle’? 

Ans: ‘Polluter Pays Principle’ makes the party responsible for producing pollution to pay for the damage done to the natural environment. In simple words the polluter pays principle is a commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.

2. Discuss Principle 16 of ‘RIO Declaration of 1992’.

Ans: Principle 16 of the RIO ‘RIO Declaration’ of 1992 proclaims that national authorities should endeavour to promote the internationalisation of environmental costs and the use of economic instruments, taking into account the approach that the polluter should fear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.

INTEXT QUESTIONS 26.3 

1. The ‘Polluter Pyas Principle’ exposes the polluter to two fold liability. (True/False) 

Ans: True.

2. ‘The Polluter Pays Principle’ can be applied only after the pollution has already taken place. (True/False)

Ans: True.

INTEXT QUESTIONS 26.4 

1. Define ‘The Precautionary Principle’. 

Ans: The Precautionary Principle is that Principle which ensures that a substance or activity posing a threat to the environment is prevented from adversely affecting it, even if there is no conclusive scientific proof linking that particular substance or activity to the environmental damage.

2. Identify the two essential ingredients of the Precautionary Principle.

Ans: The two essential ingredients of Precautionary Principle are:

(i) Environmental measures by the State Environment and the Statutory authorities must anticipate., prevent and attack the causes of environmental degradation. 

(ii) Where there are threats of serous and irreversible damage, lack of scientific certainty should be used as a reason for postponing measures to prevent environmental degradation.

INTEXT QUESTIONS 26.5 

1. Define the ‘Public Trust Doctrine/Principle’. 

Ans: ‘Public Trust Doctrine’ is the principle that certain resources are preserved for public use, and that the Environment is required to maintain them for the reasonable use of the public. State is the ‘Trustee’ of all natural resources which are by nature meant for public use and enjoyment.

2. List the restrictions imposed on State by the Public Trust Doctrine.

Ans: The ‘Doctrine of Public Trust’ imposes the following three kinds of restrictions on the state: 

(a) The property must not only be used for a public purpose, it must be available for use by the general public.

(b) The property must not be sold, even for fair cash equivalent; and.

(c) The property must be maintained for particular king of uses, such as navigation, recreation, or fishery.

TERMINAL EXERCISES

1 Define the following terms :

(a) Environment.

Ans: The term ‘Environment’ is a sum total of water, air and land and the interrelationships that exist among them with the human beings, other living organisms and materials. The dictionary defines ‘Environment’ as “anything, everything surrounding us”.

(b) Pollution.

Ans: Pollution is the introduction of contaminants into the natural environment that cause adverse changes. Pollution can take the form of chemical substances or energy, such as noise, heat or light. Pollutants, the components of pollution, can be either foreign substances or naturally occurring contaminants. According to the Supreme Court, in the case of M.C. Mehta v. Union of India, pollution is a civil wrong, by its very nature it is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution, has to compensate for the restoration of damage caused to the environment and ecology

2. Describe ‘the’ Polluter Pays Principle’. 

Ans: The Polluter Pays Principle is an important principle of environmental law which states that any person, industry, or authority that causes pollution is responsible for bearing the cost of preventing, controlling, and remedying the damage caused to the environment. The objective of this principle is to ensure that the financial burden of pollution is not placed on society or the State, but on the polluter himself.

This principle requires polluters to take preventive measures, to control pollution at its source, and to compensate for environmental damage. It encourages industries to adopt cleaner technologies and promotes sustainable development by making pollution economically unattractive.

The Polluter Pays Principle has been recognized internationally and is incorporated in several environmental treaties and declarations, including the European Community Treaty and the Rio Declaration on Environment and Development, 1992 (Principle 16).

3. Explain principle 16 of the ‘R10 Declaration of 1992. 

Ans: The Polluter Pays Principle finds a prominent place in the Rio Declaration on Environment and Development, 1992. Principle 16 of the Declaration states that national authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should bear the cost of pollution.

The principle further emphasizes that this responsibility should be imposed with due regard to public interest and without distorting international trade and investment. The aim of Principle 16 is to ensure that environmental damage costs are borne by those who cause pollution and not by society at large, thereby encouraging environmentally responsible behavior and sustainable development.

4. Define ‘The Precautionary Principle. 

Ans: The Precautionary Principle is a fundamental principle of environmental law which states that when an activity or substance poses a threat of serious or irreversible harm to the environment, preventive measures must be taken even in the absence of complete scientific certainty. The principle emphasizes that lack of scientific proof should not be no excuse to delay action. It aims to protect the environment by anticipating and preventing potential damage and is an essential component of sustainable development.

5. What is the ‘Two–Fold Liability’ in the ‘Polluter Pays Principle’? 

Ans: Under the Polluter Pays Principle, Two–Fold Liability means that a polluter is subject to two kinds of legal responsibility:

(i) Compensation to the victims of pollution: The polluter must compensate individuals or communities who have suffered loss, injury, or damage to health or property due to pollution.

(ii) Ecological restoration: The polluter is also responsible for restoring and rehabilitating the damaged environment to its original condition, or for bearing the cost of such restoration.

Thus, Two–Fold Liability ensures both relief to affected persons and repair of environmental damage, reinforcing the accountability of the polluter.

6. Describe the essential ingredients of the Precautionary Principle.

Ans: Essential Ingredients of the Precautionary Principle:

(i) Anticipatory Action: The State and statutory authorities must anticipate, prevent, and control the causes of environmental degradation.

(ii) Preventive Measures: Environmental protection measures should be taken at an early stage to avoid potential harm.

(iii) Irreversible Damage: Where there are threats of serious or irreversible environmental damage, immediate action is required.

(iv) Scientific Uncertainty: Lack of full scientific certainty should not be used as a reason to postpone measures to prevent environmental degradation.

(v) Burden of Proof: The burden of proof lies on the person or authority proposing the activity to show that it is environmentally benign.

7. Discuss the Public Trust Doctrine. 

Ans: The Public Trust Doctrine is a principle of environmental law which holds that certain natural resources such as air, water, forests, rivers, seashores and ecologically fragile lands are preserved for public use, and the State holds them in trust for the benefit of the people. These resources are gifts of nature and cannot be subjected to private ownership or commercial exploitation. The State, as trustee, has a legal duty to protect and conserve them for present and future generations. The doctrine ensures sustainable use of natural resources and forms an essential part of the environmental law of the land.

8. List the three kinds of restrictions imposed on State by the ‘Doctrine of Public Trust’

Ans: Three Restrictions Imposed on the State by the Public Trust Doctrine:

(i) The property must not only be used for a public purpose, it must be available for use by the general public. 

(ii) The property must not be sold, even for fair cash equivalent; and. 

(iii) The property must be maintained for particular kind of uses, such as navigation, recreation, or fishery.