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UGC NET LAW (058) · UNIT 08 · MODULE 1: ENVIRONMENT: CONCEPTS AND INTERNATIONAL LAW · TOPIC 1

Meaning and Concept of Environment and Environmental Pollution

The legal meaning of environment and pollution, the sources of pollution, and the principles that explain what environmental law protects.

  • 4 sub-topics
  • 3-point Memory Capsule
  • 6 min read
  • Topic 1 of 10

What this topic covers

4 sub-topics, in the order to study them. Tap one to jump to it.

  1. §OverviewThe word “environment” comes from the French environner , to encircle or surround.
  2. 1.1Concept of environmentCovers Components, Natural and man-made environment, Segments (spheres), Ecology and ecosystem.
    • Components
    • Segments (spheres)
    • Ecology and ecosystem
  3. 1.2Environmental pollutionPollution is the introduction into the environment of substances or energy in such quantity or concentration that they harm living things, ecosystems, property or the…
    • Exam angle
  4. 1.3Types and sources of pollution (conceptual)Covers Air pollution, Water pollution, Soil and land pollution, Noise pollution, Point-source versus non-point source.
    • Air pollution
    • Water pollution
    • Soil and land pollution
    • Noise pollution
  5. 1.4Principles that explain what the law is protectingCovers Sustainable development, Precautionary principle, Polluter pays principle, Public trust doctrine, Intergenerational equity and more.
    • Sustainable development
    • Precautionary principle
    • Polluter pays principle
    • Public trust doctrine
    • Intergenerational equity
  6. ★Memory CapsuleThe names, dates and one-line facts from this topic, for daily recall.

Revision mode hides the full explanations and keeps each section's key terms, lists and tables and the Memory Capsule. Use it from your second read onward.

§Overview#

The word “environment” comes from the French environner, to encircle or surround. In law, it means everything that surrounds a living being and influences its life: air, water, land, climate, flora and fauna, and the interactions between them and human society. Modern environmental law moved from a narrow, resource-by-resource approach (protect a river, control a factory) to a holistic, ecosystem approach in which protection of the environment is tied to human dignity, development and the rights of future generations. This shift is why the unit begins with definitions: almost every later topic (statutes, tribunals, conferences, cases) depends on how “environment” and “pollution” are defined.

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1.1Concept of environment#

In brief

Covers Components, Natural and man-made environment, Segments (spheres), Ecology and ecosystem.

  • Components
  • Segments (spheres)
  • Ecology and ecosystem

  • Components. Abiotic (air, water, soil, sunlight, minerals, climate) and biotic (plants, animals, microorganisms, humans). The two interact through food chains, nutrient cycles and energy flow.

  • Natural and man-made environment. Natural: forests, rivers, atmosphere. Man-made (built): cities, industries, roads, dams. Some writers add the social and cultural environment.

  • Segments (spheres). Atmosphere (air), hydrosphere (water), lithosphere (land and soil), biosphere (life).

  • Ecology and ecosystem. Ecology (term by Ernst Haeckel, 1866) studies relationships between organisms and surroundings. An ecosystem is a functional unit of living things and their physical environment.

  • Statutory definition: Environment (Protection) Act 1986, s.2(a). “Environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organisms and property. Note the three physical elements plus the inter-relationship, and the inclusion of property. This is the most-asked definition in the unit.

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1.2Environmental pollution#

In brief

Pollution is the introduction into the environment of substances or energy in such quantity or concentration that they harm living things, ecosystems, property or the…

  • Exam angle

Pollution is the introduction into the environment of substances or energy in such quantity or concentration that they harm living things, ecosystems, property or the quality of the environment.

Term Statute and section Core idea
Environmental pollutant EP Act 1986, s.2(b) Any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the environment
Environmental pollution EP Act 1986, s.2(c) The presence in the environment of any environmental pollutant
Handling EP Act s.2(d) Manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like
Hazardous substance EP Act s.2(e) Any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment
Occupier EP Act s.2(f) A person who has control over the affairs of the factory or premises, including in relation to any substance, the person in possession of it
Water pollution Water Act 1974, s.2(e) Contamination of water or alteration of its physical, chemical or biological properties, or discharge of sewage, trade effluent or other liquid, gaseous or solid substance which may create a nuisance or render water harmful to public health or safety, to domestic, commercial, industrial, agricultural or other legitimate uses, or to aquatic organisms, livestock, wild animals and plants
Air pollutant Air Act 1981, s.2(a) Any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings, other living creatures, plants, property or environment
Air pollution Air Act s.2(b) The presence in the atmosphere of any air pollutant

Exam angle. Noise was brought into the definition of “air pollutant” by the 1987 amendment to the Air Act. The Water Act’s definition of pollution is wider than the EP Act’s, because it speaks of a “nuisance” and of harm to uses of water. Do not confuse “environmental pollutant” (s.2(b)) with “hazardous substance” (s.2(e)).

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1.3Types and sources of pollution (conceptual)#

In brief

Covers Air pollution, Water pollution, Soil and land pollution, Noise pollution, Point-source versus non-point source.

  • Air pollution
  • Water pollution
  • Soil and land pollution
  • Noise pollution

  • Air pollution: vehicles, industry, burning of fuels and biomass, construction dust. Key pollutants: particulate matter (PM10, PM2.5), sulphur dioxide, nitrogen oxides, carbon monoxide, ozone, lead.

  • Water pollution: untreated sewage, industrial effluents, agricultural runoff (fertilisers, pesticides), oil spills, thermal discharge.

  • Soil and land pollution: solid and hazardous waste, mining, agro-chemicals.

  • Noise pollution: governed in India by the Noise Pollution (Regulation and Control) Rules 2000 under the EP Act; Article 21 and the case of Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association (2000) hold that loudspeaker noise cannot be justified by religious freedom.

  • Marine, radioactive, plastic, electronic waste and light pollution are further categories.

  • Point-source versus non-point source pollution is a common conceptual distinction: a factory pipe versus agricultural runoff.

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1.4Principles that explain what the law is protecting#

In brief

Covers Sustainable development, Precautionary principle, Polluter pays principle, Public trust doctrine, Intergenerational equity and more.

  • Sustainable development
  • Precautionary principle
  • Polluter pays principle
  • Public trust doctrine
  • Intergenerational equity
  • Absolute liability
  • Right to a clean environment
  • Climate rights

  • Sustainable development: development that meets the needs of the present without compromising the ability of future generations to meet their own needs (Brundtland Report, Our Common Future, 1987). Indian courts treat it as a part of the law of the land (Vellore Citizens Welfare Forum, 1996).

  • Precautionary principle: where there are threats of serious or irreversible damage, lack of full scientific certainty must not be used as a reason to postpone measures to prevent degradation. Rio Declaration Principle 15. In India, the burden of proof lies on the person proposing the activity (A.P. Pollution Control Board v. M.V. Nayudu, 1999).

  • Polluter pays principle: the polluter bears the cost of remedying the damage and restoring the environment (Indian Council for Enviro-Legal Action v. Union of India, 1996; Vellore). Rio Principle 16.

  • Public trust doctrine: the State holds natural resources as trustee for the public (M.C. Mehta v. Kamal Nath, 1997).

  • Intergenerational equity: present generations hold the planet in trust for the future.

  • Absolute liability: hazardous industries are strictly and absolutely liable for harm, with no exceptions (M.C. Mehta v. Union of India, the Oleum Gas Leak case, 1986/87), extending beyond Rylands v. Fletcher.

  • Doctrine of eco-centrism versus anthropocentrism: anthropocentrism values nature for human use; eco-centrism (deep ecology, Arne Næss) gives nature intrinsic value. The Supreme Court has leaned towards eco-centric language in Animal Welfare Board v. A. Nagaraja (2014) and in cases on rivers and glaciers’ legal personhood debates; the Uttarakhand High Court’s 2017 orders granting legal personhood to the Ganga and Yamuna were stayed by the Supreme Court.

  • Right to a clean environment is a facet of the right to life under Article 21 (Subhash Kumar v. State of Bihar, 1991; Rural Litigation and Entitlement Kendra v. State of U.P., 1985, the Doon Valley case, the first case in which the Supreme Court ordered the closure of limestone quarries on ecological grounds).

  • Climate rights: in M.K. Ranjitsinh v. Union of India (2024), the Supreme Court recognised a right against the adverse effects of climate change as part of Articles 14 and 21.

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★Memory Capsule: Meaning and Concept of Environment and Environmental Pollution

Memorise

  • EP Act definitions: pollutant (b), pollution (c), handling (d), hazardous substance (e), occupier (f).
  • Water Act pollution is s.2(e); air pollutant is s.2(a) of the Air Act.
  • “Environment” in the EP Act = water, air, land + their inter-relationship with humans, other creatures, plants, micro-organisms and property.

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↑ Module 1: Environment: Concepts and International Law · All 11 topics in Environment and Human Rights · Unit overview and sample MCQs

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