NLNET Law 058
UGC NET LAW · CODE 058 · UNIT 08

UGC NET Law Unit 8: Environment & Human Rights Notes, MCQs

Unit 8 of UGC NET Law (code 058) joins two scoring areas. The environment half rewards knowledge of statutes, conferences and Supreme Court principles. The human rights half rewards treaty names, years and the structure of the NHRC. These notes list the syllabus topics, the cases worth memorising and sample questions you can try straight away.

  • Environmental principles
  • EPA 1986
  • NGT
  • International Bill of Rights
  • NHRC
  • 10 syllabus topics
  • 400+ free MCQs
  • No sign-up
  • Updated 11 October 2026

NET Law 058 is an independent study aid, not affiliated with UGC or NTA. Always check the official UGC NET syllabus and the current bare Acts.

What Unit 8 covers

Environment and human rights questions are mostly factual, so a dated list of cases, statutes and treaties repays regular revision. The official syllabus lists 10 topics for this unit. Each is explained below with the points examiners most often use.

1Meaning and concept of environment and environmental pollution

  • Section 2(a) of the Environment (Protection) Act, 1986 defines environment to include water, air and land and their inter-relationship with human beings, other living creatures, plants, micro-organisms and property.
  • Environmental pollutant and pollution are defined in the Act. Water pollution and air pollution have separate definitions in the Water Act, 1974 and the Air Act, 1981.
  • Core principles: sustainable development, precautionary principle, polluter pays, public trust and inter-generational equity.
  • Brundtland Commission report 'Our Common Future' (1987) gave the best-known definition of sustainable development.

2International environmental law and UN conferences

  • Stockholm Conference 1972 (UN Conference on the Human Environment) led to the creation of UNEP. Rio Earth Summit 1992 produced the Rio Declaration, Agenda 21, the UNFCCC and the Convention on Biological Diversity.
  • Rio Declaration: Principle 15 is the precautionary approach, Principle 16 the polluter pays idea and Principle 7 common but differentiated responsibilities.
  • Treaties: Ramsar 1971 (wetlands), CITES 1973 (trade in endangered species), Vienna Convention 1985 and Montreal Protocol 1987 (ozone), Basel 1989 (transboundary hazardous wastes), Kyoto Protocol 1997 and Paris Agreement 2015 (climate).
  • Johannesburg Summit 2002 on sustainable development. Trail Smelter arbitration (1941) is the classic authority on a State's duty not to cause transboundary harm.

3Constitutional and legal framework for environmental protection in India

  • Article 48A (Directive Principle: protect and improve the environment and safeguard forests and wildlife) and Article 51A(g) (fundamental duty). Both were inserted by the 42nd Amendment, 1976.
  • Article 21 has been read to include the right to a wholesome, pollution-free environment. Article 253 supports legislation implementing international decisions, which is how the EPA 1986 was enacted after Stockholm.
  • Statutes: Water Act 1974, Wildlife Protection Act 1972, Forest (Conservation) Act 1980 (renamed Van (Sanrakshan Evam Samvardhan) Adhiniyam by the 2023 amendment), Air Act 1981, EPA 1986, Public Liability Insurance Act 1991, Biological Diversity Act 2002.
  • Judicial principles: absolute liability, polluter pays, precautionary principle, public trust, and continuing mandamus in forest cases. Relaxed locus standi opened the door to environmental PIL.

4Environmental Impact Assessment and control of hazardous waste in India

  • EIA is governed by the EIA Notification, 2006, issued under the EPA 1986. Projects are placed in Category A (Union Ministry appraisal) or Category B (State authority). The stages are screening, scoping, public consultation and appraisal.
  • Prior environmental clearance is needed for the listed projects before work begins.
  • Hazardous waste is regulated by the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Related rules cover bio-medical, plastic and solid waste.
  • The Public Liability Insurance Act, 1991 gives no-fault relief to victims of accidents involving hazardous substances, and requires the owner to take out insurance. The Bhopal gas leak of 1984 shaped this legal framework.

5National Green Tribunal

  • Established by the National Green Tribunal Act, 2010, replacing the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority. The principal bench sits in Delhi, with regional benches.
  • Jurisdiction (section 14) covers civil cases raising a substantial question relating to the environment that arise under the enactments listed in Schedule I, such as the Water Act, Air Act, EPA, Forest (Conservation) Act, Public Liability Insurance Act and Biological Diversity Act. The Wildlife Protection Act is not in Schedule I.
  • It can award relief, compensation and restitution of damaged environment. Section 20 requires it to apply sustainable development, the precautionary principle and polluter pays.
  • It is not bound by the Code of Civil Procedure but follows natural justice. Appeal lies to the Supreme Court.

6Concept and development of human rights

  • Natural rights roots in Locke, Rousseau and the French and American declarations of the eighteenth century.
  • Three generations of rights: civil and political, economic social and cultural, and solidarity rights such as development and a healthy environment.
  • UN Charter 1945 (Articles 1, 55 and 56), then the UDHR, adopted by the General Assembly on 10 December 1948.
  • Vienna Declaration and Programme of Action, 1993 reaffirmed that rights are universal, indivisible, interdependent and interrelated.

7Universalism and cultural relativism

  • Universalism holds that rights belong to all persons everywhere because of human dignity. Cultural relativism holds that rights depend on culture and local context.
  • The 1993 Bangkok Declaration of Asian States stressed regional particularities. The Vienna Declaration answered that these cannot justify denying rights.
  • Flashpoints: female genital cutting, women's status, freedom of religion and punishments. A middle view allows variation in how rights are applied but not in their core.
  • Related ideas: margin of appreciation in European human rights law and the African Charter's emphasis on peoples' rights and duties.

8International Bill of Rights

  • The International Bill of Human Rights comprises the UDHR 1948, the ICCPR 1966 and the ICESCR 1966, with the ICCPR's two Optional Protocols. Both Covenants entered into force in 1976.
  • The UDHR is a General Assembly declaration, not a treaty, though many of its provisions are now treated as customary law. The Covenants are binding on parties.
  • ICCPR rights are generally for immediate implementation. ICESCR rights are subject to progressive realisation.
  • Other core treaties: CERD 1965, CEDAW 1979, CAT 1984, CRC 1989 and CRPD 2006.

9Group rights: women, children, persons with disabilities, elderly persons, minorities and weaker sections

  • Women: CEDAW (India ratified in 1993); Vishaka v. State of Rajasthan (1997) guidelines, followed by the Sexual Harassment of Women at Workplace Act, 2013; National Commission for Women Act, 1990.
  • Children: CRC 1989; Article 21A (right to education, added by the 86th Amendment, 2002); POCSO Act, 2012; Juvenile Justice Act, 2015; National Commission for Protection of Child Rights under the 2005 Act.
  • Persons with disabilities: Rights of Persons with Disabilities Act, 2016 recognises 21 disabilities and replaced the 1995 Act. Elderly persons: Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
  • Minorities and weaker sections: Articles 29 and 30; National Commission for Minorities Act, 1992; Articles 17 and 46; the Protection of Civil Rights Act, 1955 and the SC and ST (Prevention of Atrocities) Act, 1989; National Commissions for Scheduled Castes and Scheduled Tribes under Articles 338 and 338A.

10Protection and enforcement of human rights in India: NHRC and national commissions

  • The Protection of Human Rights Act, 1993 created the National Human Rights Commission and State Human Rights Commissions. It was amended in 2006 and 2019.
  • Human rights under the Act means rights relating to life, liberty, equality and dignity guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India.
  • The NHRC can inquire suo motu or on a petition, visit prisons, review safeguards and promote awareness. Its decisions are recommendations and do not bind like court judgments. Under section 36 it generally cannot inquire into a matter more than one year old.
  • Section 30 provides for Human Rights Courts at district level. Constitutional remedies: Article 32 and Article 226. Key cases: D.K. Basu (1997) on arrest guidelines and Nilabati Behera (1993) on compensation for custodial death.

Quick reference tables

Environmental principles and leading cases
PrincipleMeaningLeading case
Absolute liabilityHazardous industry is liable for harm with no exceptionsM.C. Mehta v. Union of India (1987)
Polluter paysThe polluter bears the cost of restoring damageIndian Council for Enviro-Legal Action v. Union of India (1996)
Precautionary principleLack of full scientific certainty is no reason to delay preventive stepsVellore Citizens' Welfare Forum v. Union of India (1996)
Public trustThe State holds natural resources in trust for the publicM.C. Mehta v. Kamal Nath (1997)
Sustainable developmentDevelopment that meets present needs without harming future generationsVellore Citizens' Welfare Forum (1996)
Right to clean environmentA part of the right to life under Article 21Subhash Kumar v. State of Bihar (1991)
Environmental treaties at a glance
InstrumentYearSubject
Ramsar Convention1971Wetlands
CITES1973Trade in endangered species
Vienna Convention / Montreal Protocol1985 / 1987Ozone layer
Basel Convention1989Transboundary movement of hazardous wastes
UNFCCC and CBD1992Climate change; biological diversity
Kyoto Protocol1997Binding emission targets for developed countries
Paris Agreement2015Climate change; nationally determined contributions

Landmark cases to revise

M.C. Mehta v. Union of India (Oleum gas leak)1987

Hazardous industries are absolutely liable for harm, without the exceptions to Rylands v. Fletcher.

Rural Litigation and Entitlement Kendra v. State of U.P.1985

Limestone quarrying in the Doon Valley was restricted to protect the ecology.

Subhash Kumar v. State of Bihar1991

The right to life under Article 21 includes the right to pollution-free water and air.

Nilabati Behera v. State of Orissa1993

Compensation is available under public law for custodial death.

Indian Council for Enviro-Legal Action v. Union of India1996

Polluter pays principle applied; the polluter must pay for remedial costs.

Vellore Citizens' Welfare Forum v. Union of India1996

Precautionary principle and polluter pays are part of Indian environmental law.

T.N. Godavarman Thirumulpad v. Union of India1997

The Court widened the meaning of forest and supervised forest protection through continuing mandamus.

M.C. Mehta v. Kamal Nath1997

Public trust doctrine applied to natural resources such as riverbanks.

Vishaka v. State of Rajasthan1997

Guidelines against sexual harassment at the workplace, based on Articles 14, 15, 19 and 21 and CEDAW.

D.K. Basu v. State of West Bengal1997

Mandatory safeguards on arrest and detention to prevent custodial torture.

Practise Environment & Human Rights MCQs topic by topic

Beyond the six samples, all 438 questions for this unit are on their own pages, grouped by syllabus topic, with the answer key on the page.

See all 28 topic sets (438 MCQs) →

Try 6 sample questions

Tap “Show answer” after you have tried each one. These come from the 400+ MCQs in this unit.

1The precautionary principle is stated in Rio Declaration Principle:

  1. 21
  2. 10
  3. 1
  4. 15
Show answer and explanation

Answer: D. 15

Adopted at the 1992 Earth Summit.

Report this question

2The Rights of Persons with Disabilities Act, 2016 recognises how many disabilities?

  1. 7
  2. 14
  3. 21
  4. 25
Show answer and explanation

Answer: C. 21

It replaced the 1995 Act.

Report this question

3Consider the statements: 1. The ICCPR is a binding treaty. 2. The UDHR is a binding treaty.

  1. Only statement 1 is correct
  2. Only statement 2 is correct
  3. Both statements are correct
  4. Neither statement is correct
Show answer and explanation

Answer: A. Only statement 1 is correct

UDHR is a General Assembly declaration.

Report this question

4Match: A Ramsar, B CITES, C Montreal Protocol with (1) Ozone (2) Wetlands (3) Endangered species trade

  1. A-2, B-3, C-1
  2. A-1, B-2, C-3
  3. A-2, B-1, C-3
  4. A-3, B-1, C-2
Show answer and explanation

Answer: A. A-2, B-3, C-1

Environmental treaties.

Report this question

5Match: A Vellore, B Vishaka, C D.K. Basu with (1) Arrest guidelines (2) Sexual harassment (3) Precautionary principle

  1. A-3, B-1, C-2
  2. A-3, B-2, C-1
  3. A-2, B-3, C-1
  4. A-1, B-2, C-3
Show answer and explanation

Answer: B. A-3, B-2, C-1

Landmark cases.

Report this question

6A chemical plant is planned near a fragile ecosystem. The first step before construction:

  1. Court order
  2. Tax clearance
  3. Panchayat resolution
  4. EIA and environmental clearance
Show answer and explanation

Answer: D. EIA and environmental clearance

EIA Notification 2006.

Report this question

Practise all 400+ Unit 8 MCQsTake a free mock test

How to study this unit

  • Pair every principle with its case and year (polluter pays and precautionary principle both come from 1996). Matching questions in this unit are very common.
  • Make a one-page timeline of conferences and treaties from 1971 to 2015, and attach one subject word to each name.
  • For the NHRC, learn the appointment, the one-year rule and the fact that its orders are only recommendations.

Planning your time? See the UGC NET Law preparation plans for 6 months, 3 months, 1 month or 2 weeks, or check the cut-off trend to set a target score.

← Unit 7: Family LawUnit 9: IPR & IT Law →

Last updated: . Notes are a revision aid and not legal advice. Spotted a mistake? Write to netlawverse@gmail.com.