Introduction to

Environmental Law

History of Environment Protection

values for human-Earth flourishing
shared by the world religions as they
are being challenged to envision a
viable
future
for
the
Earth
community.
These values include: reverence,
respect,
restraint,
redistribution,
responsibility, and renewal. (Earth
Charter Initiative, 2007-08)

Hinduism

Vedas, Upanishads, Smritis and Puranas:

environmental harmony and conservation
5 elements sun, air, fire, water and earth
considered
manifestations
of
divine
personification
Sacred groves harming groves believed
to offend forest spirits and deities
Worshipping nature - trees, rivers,
mountains, animals

Islam
Quran and teaching of Prophet as handed down in the Sunnah (as
also Ijma and Qiyas)
Moderation - Islam furthermore discourages self-indulgence, lavish
living and waste.
Humanity should behave in such a way that would maintain
thebalancethat exists within the kind of environment that we
inherited.
Islamic jurisprudence contains regulations concerning the
conservation and allocation of scarce water resources; rules for the
conservation of land with special zones of graded use; special rules
for the establishment of rangelands, wetlands, green belts and also
wildlife protection and conservation.
Much of the traditional institutions and laws associated with sound
environmental practice in Islam have now fallen into disuse.

Jainism
In Jain evolutionary theory, every soul is equal and
bound by varying amounts of asravas (karmic particles)
depending on the type of body they inhabit. Human
beings being the most evolved of all have an
inescapable ethical responsibility to protect them all.
Non-violence (no cruelty against human beings and
animals)
life of moderation and restraint; practice a measure of
abstinence
and
austerity;
dont
procreate
indiscriminately lest they overburden the universe and
its resources.
Using any resource beyond one's needs or the misuse of
any part of nature, is considered a form of theft.

Buddhism

Because the cause was there, the consequences

followed; because the cause is there, effects will
follow.(Sufferings do not come by chance)
Both Jainism and Buddhism have rejected the
notion that humanity is at the centre of the life
and existence and that the survival of other living
organism is based on their utility to humanity.
The Sikh, Vaishnava and Bishnoi traditions and
numerous other Bhakti denominations have all
worked towards conserving the environment

Environment in ancient India

Chanakyas Jurisprudence:
State to maintain forests
Fine for cutting trees and damaging
forests
Forest reserves for wild animals
Protection of wild life: wild animals to be
killed or bound in places outside the
reserve forests when harmful

Meaning, Scope and Significance of

Environmental Law

What is Environment?
Biotic,
Abiotic
component
(Abiotic:
light,
temperature, water, atmospheric gases; Biotic:
humans, flora, fauna)
Physical and natural
Section 2(a) of the Environment Protection Act,
1986 (EPA) defines environment - One which
includes water, air and land and the interrelationship which exists among and between
water, air and land and human beings, other living
creatures, plants, micro-organisms and property.

What is Environmental Law?

Law of planetary house-keeping,

protecting the planet and its people
from activities that upset the earth
and its life-sustaining capacities.
Environmental law is an instrument
to
protect
and
improve
the
environment and control or prevent
any act or omission polluting or likely
to pollute the environment.

 Laws pertaining to Environmental

protection
International instruments
Enactments: various Acts, Rules etc.
Judicial decisions

Efficacy of Laws pertaining to

Environmental
protection

Legislations
are
like
roaring
toothless tigers

 Relationship with other disciplines

Political Science
Sociology
Economics
Statistics
Other areas of law

 Environmentalism
Preservationist (non-use)

Conservationist
(sustainable use)

What is Environmental Ethics?

Environmental Justice
(Avoiding the imposition of
environmental harms
disproportionately on the poor or on
minority populations)

Whether environment should be

protected for our utilitarian concerns
or for the broader ethical principle?