NIOS Class 12 Introduction to Law Chapter 27 Contemporary Developments

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NIOS Class 12 Introduction to Law Chapter 27 Contemporary Developments

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Contemporary Developments

Chapter: 27

Module – 7 A: Environmental Law and Sustainable Development

INTEXT QUESTIONS 27.1 

1. What is main reason for the establishment of Tribunals? 

Ans: The main reason behind the establishment of Tribunal is to ensure expeditious adjudication of disputes by including experts from the area concerned as adjudicators along with the judicial members.

2. What was the main purpose for the establishment of National Green Tribunal (NGT)? 

Ans: The National Green Tribunal was established for the effective and expeditions disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matter connected there with or incidental thereto.

3. Explain ‘No Fault Principle’. 

Ans: ‘No Fault’ principle stipulates that in case of accident the owner or the employer cannot take the defence of him having committed no fault. If accident occurs and as a consequence of it damage is caused to any person or environment, the owner or the employer is liable, only because of the fact that accident occurred in his enterprise.

4. Where a person aggrieved by any order, decision or award of NGT can go in appeal? 

Ans: In an appeal the person who has lost the case can again challenge the decision made by the NGT before the Honourable Supreme Court.

5. What is the minimum number of members needed to constitute a bench of NGT, which can hear and decide a case?

Ans: Minimum number of members who must together hear and decide a case is two, out of which one must be a judicial member and other an expert member.

INTEXT QUESTIONS 27.2 

1. Define ‘Hazardous Waste’? 

Ans: The substance or preparation which by reason of its chemical or physicochemical properties or handling is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment is called ‘Hazardous Waste’.

2. How a ‘Hazardous Waste’ may impact us? 

Ans: Hazardous Waste if unattended and simply dumped can give rise to serious health and environmental issues.

3. What was the main objective behind the making of Hazardous Wastes (Management and Handling) Rules, 1989? 

Ans: The objective behind the making of Hazardous Wastes (Management and Handling) Rules, 1989 is the control and management of Hazardous Waste.

4. How do you define by EIA in relation to the management and handling of hazardous waste?

Ans: EIA implies that the impacts from the project of treatment, storage and disposal of hazardous waste should be identified and public acceptance should be obtained for clearing the site for such use. This is the needed EIA in relation to the management and handling of Hazardous Wastes.

INTEXT QUESTIONS 27.3 

1. Identify the gases that are called the ‘greenhouse gases’? 

Ans: Carbon Dioxide, Methane, Nitrous Oxide, Sulphur Hexafluoride and two groups of gases hydro fluorocarbons & per fluorocarbons.

2. What is the impact of ‘greenhouse gases’ on our environment?

Ans: Greenhouse gases are responsible for the climate change which includes rise in average temperature of the Earth and depletion of the ozone layer.

3. Define the main aim or objective of ‘Kyoto Protocol’? 

Ans: Kyoto Protocol is the example of a measure undertaken at the international level under the aegis of the United Nations aimed at curbing the emission of Greenhouse gases.

4. How will the reduction in the emission of greenhouse gases protect our environment?

Ans: Because the emission of greenhouse gases is responsible for climate change, hence its reduction will automatically stop the extent of damage caused to the environment

INTEXT QUESTIONS 27.4 

1. Name any two International Instruments in the field of environment protection other than the ‘Kyoto Protocol’. 

Ans: The RIO Declaration on Environment and Development or the Convention on Environment and Development at Rio de Janeiro in the year 1992 & United Nations Framework Convention on Climate Change (UNFCC).

2. What is the main objective of UNFCCC? 

Ans: UNFCC sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change.

3. Explain the three main objective of U. N. Convention on Biological Diversity (1992)? 

Ans: The three main objectives are: 

(i) The conservation of biological diversity.

(ii) The sustainable use of its components; and.

(iii) The fair and equitable sharing of the benefits from the use of genetic resources.

4. What is stated in the U. N. Declaration for Environment & Development, 1992 (The RIO Declaration on Environment and Development)?

Ans: The ‘RIO Declaration’ on Environment Development, 1992 builds on the principles of sustainable development, inter-generational equity, and sovereign rights in the Stockholm Declaration, expands the concept of sustainable development and reaffirms, amongst others, the importance and centrality of the Precautionary Principle, Polluters Pay Principal and the Environmental Impact Assessment.

INTEXT QUESTIONS 27.5 

1. Whether expanding the dimensions of Article 21 of the Constitution can be termed as an example of ‘judicial activism’? 

Ans: Yes.

2. Whether Article-32 of the Constitution of India can be used by approaching the Supreme Court in case of violation of the right to clean environment? 

Ans: Yes.

3. Identify the nature of liability of an industry engaged in inherently dangerous and hazardous activity towards the victim of pollution caused by it? 

Ans: Absolute Liability.

4. Whether right to clean environment is a fundamental right specifically given by the Constitution of India?

Ans: No. The Constitution of India does not specifically mention the right to a clean environment as a Fundamental Right. However, the Supreme Court has interpreted the Right to Life under Article 21 to include the right to a clean and healthy environment.

INTEXT QUESTIONS 27.6 

1. Whether PIL is an example of the dilution of the strict principle of ‘locus standi’? 

Ans: Yes.

2. Who can file a PIL? 

Ans: Today a person acting bona-fide and having sufficient interest can move the Courts under PIL for redressing public injury, enforcing public duty or for protecting social and collective rights and interests. . The cause of environment has been taken up before courts through PIL by a wide spectrum of people in society. Lawyers, association of lawyers, environmentalists, groups and centres dedicated to environment protection and forest conservation, welfare forums, consumer research centres have successfully agitated environmental issues before Courts.

3. What are the kinds of issues that can be raised in a PIL? 

Ans: The range of issues in PILs has been very broad. It extends from compassion to animals and privileges of tribal people and fishermen, to the eco-system of the Himalayas and forests, eco-tourism, land use patterns and problems facing a village due to ecological damage.

4. What do you understand by an Adversarial System of Justice Delivery?

Ans: Adversarial System of Justice Delivery means that the two parties to the case fight the case between each other and the judge simply sits as a neutral umpire or referee to decide who has a better case.

INTEXT QUESTIONS 27.7 

1. What do you mean by EPCA? 

Ans: Environment Pollution (Prevention and Control) Authority.

2. What do you mean by CNG? 

Ans: Compressed Natural Gas.

3. What kind of pollution will be caused by vehicles? 

Ans: Air Pollution.

4. What kind of pollution will be caused by industries putting their industrial waste into rivers?

Ans: Water Pollution.

INTEXT QUESTION 27.8 

1. Name four leading cass relating to protection of Environment.

Ans: (i) The Delhi Vehicular Pollution Case. 

(ii) M. C. Mehta vs. Union of India, Ganga Pollution Case. 

(iii) Indian Council for Enviro-Legal action vs.Union of India–The Bichhri Village Case. 

(iv) T. N. Godavarman Triumulkpad vs. Union of India (AIR 1997 S.C. 1228).

TERMINAL EXERCISES

1. What were the reasons for the establishment of National Green Tribunal? 

Ans: The National Green Tribunal (NGT) in India was established primarily to handle environmental disputes and ensure the enforcement of environmental laws. 

The key reasons for its establishment are as follows:

Reasons for establishment of National Green Tribunal (NGT:

(i) Specialized forum: To handle complex environmental disputes with necessary expertise.

(ii) Speedy disposal: To ensure quick resolution of cases (within six months).

(iii) Environmental protection: For conservation of forests, natural resources, and enforcement of environmental rights.

(iv) Accessibility: Multiple sittings (New Delhi, Bhopal, Pune, Kolkata, Chennai) to make it reachable.

2. What is the composition of National Green Tribunal? 

Ans: (i) Chairperson: A judicial member who is or has been a Supreme Court judge or Chief Justice of a High Court; appointed by the Central Government in consultation with the Chief Justice of India.

(ii) Judicial Members: High Court judges or those who have been High Court judges.

(iii) Expert Members: Persons with a doctorate in life or physical sciences and 15 years experience in environmental/forest matters (including 5 years practical experience) or equivalent administrative experience in Central/State Governments or reputed institutions.

Appointment: Both judicial and expert members are appointed by the Central Government based on the recommendation of a Selection Committee.

3. Describe the jurisdiction of National Green Tribunal? 

Ans: Jurisdiction of National Green Tribunal (NGT):

(i) NGT has the authority to hear all civil cases involving a substantial question related to the environment, including enforcement of legal rights concerning the environment.

(ii) Its jurisdiction extends to matters arising from the implementation of the laws listed in Schedule I of the NGT Act, 2010, which include:

• Water (Prevention & Control of Pollution) Act, 1974

• Water (Prevention & Control of Pollution) Cess Act, 1977

• Forest (Conservation) Act, 1980

• Air (Prevention & Control of Pollution) Act, 1981

• Environment (Protection) Act, 1986

• Public Liability Insurance Act, 1981

• Biological Diversity Act, 2002

4. What can be the impact if the Hazardous Wastes are not properly treated, stored or disposed off? 

Ans: Improper treatment, storage, or disposal of hazardous wastes can lead to air, water, and soil pollution, contamination of groundwater, serious health hazards such as diseases and poisoning, harm to plants and animals, and long-term environmental damage.

5. What are the different steps in the handling and management of Hazardous Wastes? 

Ans: The main steps involved in the handling and management of hazardous wastes are:

(i) Identification and segregation of hazardous waste.

(ii) Safe collection and storage in labelled and secured containers.

(iii) Transportation in compliance with safety and legal norms.

(iv) Treatment to reduce toxicity (physical, chemical, or biological methods).

(v) Recycling or recovery, wherever possible.

(vi) Final disposal in an environmentally safe manner (such as secured landfills or incineration).

6. What are the Greenhouse Gases? 

Ans: Greenhouse gases are gases in the atmosphere that trap heat, leading to global warming and climate change, including rise in Earth’s temperature and ozone layer depletion.

Example of international measure: The Kyoto Protocol under the United Nations aims to reduce greenhouse gas emissions globally.

7. Define the ‘International Environmental Law’? 

Ans: International Environmental Law (IEL) deals with efforts made at the international level to control pollution, prevent depletion of natural resources, and protect the environment, within the framework of sustainable development.

8. Define the ‘Judicial Activism’ especially as applied in the field of environmental protection? 

Ans: Judicial activism refers to the proactive role played by the judiciary in interpreting and enforcing laws to protect public interest. In the field of environmental protection, judicial activism involves courts taking initiative through PILs to safeguard the right to life, health, and a clean environment, issuing directions and guidelines where laws are inadequate, and ensuring sustainable development.

9. Discuss briefly the role of Public Interest Litigation (PIL). 

Ans: Public Interest Litigation (PIL) plays a vital role in protecting public and environmental interests. It allows any public-spirited person or organization to approach the courts for enforcement of fundamental rights, especially where affected people are poor, illiterate, or unable to seek justice. PIL has helped courts address issues of environmental protection, human rights, and social justice, making the legal system more accessible.

10. Name the four leading Judgements of the Supreme Court relating to Environment Protection. 

Ans: The four leading judgments are:

(i) M.C. Mehta v. Union of India (Ganga Pollution / Vehicular Pollution cases).

(ii) Indian Council for Enviro-Legal Action v. Union of India (Bichhari Village case).

(iii) Vellore Citizens’ Welfare Forum v. Union of India.

(iv) Subhash Kumar v. State of Bihar.

11. Under which provisions of the Constitution of India a PIL can be filed in the Supreme Court and the High Courts in India? 

Ans: A Public Interest Litigation (PIL) can be filed under:

(i) Article 32 of the Constitution of India in the Supreme Court, and.

(ii) Article 226 of the Constitution of India in the High Courts.

12. Define ‘PIL’? Explain the basic features of PIL. 

Ans: PIL is called as Public Interest Litigation. Under PIL, any citizen or group of citizen can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government.

Basic features of PIL:

(i) Relaxation of locus standi: Any person acting bona fide and having sufficient interest can file a PIL.

(ii) Protection of public interest: It aims at enforcing public duties and protecting social, collective, and environmental rights.

(iii) Accessible procedure: Courts may even accept letters or postcards as PIL petitions.

(iv) Non-adversarial nature: PIL is not treated as a traditional dispute between two parties but as a means to achieve justice.

(v) Wide scope: It covers issues like environmental protection, human rights, social justice, and welfare of disadvantaged groups.

(vi) Constitutional support: PILs are filed under Article 32 (Supreme Court) and Article 226 (High Courts) of the Constitution of India.

13. What do you understand by the Adversarial System of Dispute Resolution by the Courts? 

Ans: The adversarial system of dispute resolution is a legal system in which both opposing parties present their cases, evidence, and arguments before an impartial judge or court. Each party is responsible for investigating the facts and proving its own case, while the judge acts as a neutral arbiter to determine the truth. This system is mainly followed in common law countries.

14. Explain briefly the ‘Delhi Vehicular Pollution case’.

Ans: The Delhi Vehicular Pollution Case refers to a series of directions issued by the Supreme Court of India in the late 1990s to control severe air pollution in Delhi caused mainly by motor vehicles. Acting on a public interest litigation (M.C. Mehta v. 

Union of India), the Court ordered several measures such as:

(i) Conversion of all public transport vehicles (buses, autos, taxis) to Compressed Natural Gas (CNG).

(ii) Phasing out of old and polluting vehicles.

(iii) Introduction of unleaded petrol and stricter emission standards.

(iv) Improvement in fuel quality and enforcement of pollution control norms.

15. How and why did the Supreme Court of India apply the ‘Polluters Pay Principle’ in the Bichhari Village case?

Ans: In the Bichhari Village case, the Supreme Court held that industries which caused pollution by dumping hazardous waste were liable to pay compensation and bear the cost of environmental cleanup. The Court applied the Polluter Pays Principle to ensure that polluters, not the public, pay for environmental damage.