Introduction

The environment is a fundamental aspect of human survival ,yet it continues to face unprecedented threat due to human activities. For instance industrialization, deforestation, pollution and climate change are direct consequences of unchecked human intervention in the nature

To curb this issue the world has the world to regulate environmental degradation and promote sustainability. Environmental loss of as a bridge between human action and their ecological consequences ensuring accountability and provide mechanism to mitigate damages.

What is environmental law?

Environmental law is a body of statue regulations and treaties aimed at protecting natural resources and ensuring ecological balance. These laws operate at National and international level addressing the issues such as pollution wildlife conservation , waste management and climate change .

What is international environmental law

To address the environmental challenges that are based across the boundaries of the nation global corporation is essential.International environmental law evolved through agreements conventions and protocols like The Stockholm declaration (1972)The Stockholm declaration mark the beginning of international environmental consciousness , emphasizing the right to a healthy environment. The Rio declaration (1992) the Rio declaration introduced the concept of sustainable development and precautionary principles. The Paris agreement (2015) It is a leaf binding international treaty to come back climate change by reducing greenhouse gas emission.

The environmental law in India

India has a robust legal framework for environmental protection, with constitutional mandate and statutory provision ensuring environmental sustainability. Some of the legislation are : The environment protection Act 1986- It is an umbrella legislation empowering the central government to take measures to protect an improve the environment. The Air ( Prevention and control of pollution) Act ,1981: This act regulates air pollution and establishes pollution control board.The water (prevention and control of pollution)act, 1974: This act aims to prevent water pollution and maintain water quality. The wildlife protection Act 1972 : This Act provide for the protection of wildlife and biodiversity

Judicial interpretation

The judiciary in India has played a crucial role in environmental governance , by expanding the scope of environmental rights under article 21 of the Constitution of India. Under the right to life the supreme court in the case of Mc Mehta V. Union Of India has shaped India’s environmental jurisprudence.The act of human and their impact on the environment Industrial activities contribute significantly to and my environmental degradation . The industries release pollutants into air water and soil making them contaminated. The environmental law imposes liabilities on the industries to prevent ecological harm and cause imbalance. The Polluter Pays Principle(PPP)– This principle ensures that industries pays the cost of pollution and environmental damage which they have cause.

The Precautionary Principle : This principle mandates preventive action to avoid environmental harm even in the absence of conclusive scientific proof. Public liability insurance act 1991 This act provide immediate relief to victims of hazardous industrial activities

Historical Background

The human consciousness towards climate in India can be trace to Vedic ages in Hindu mythology that has been a concept of five essential element which are space a fire water and Earth which constitutes the climate it was termed as prakriti – The ancient Hindi society held a profound recognition of the importance of environment in shaping their life, . Environment played a pivotal role in influencing agriculture religion ritual at even structure of the society. The Vedas ancient Hindu scriptures contain him and rituals dedicated to appeasing deities associated with environment. Festivals like Makar Sankranti mark the transition of the Sun into a new zodiac sign signifying seasonal change The celebration of these festival was not just the cultural expression but also a way to align with the natural rhythm dictated by the environment. The geographical diversity of Indian subcontinent lead to the development of cultural practices and deities associated with specific regions. For instance the worship of Varun the god of water was more prominent in regions prone to water scarcity underline the adaptation of religious belief to local climate.The concept of Dharma in Hinduism , encompasses ethical and moral duties also reflected and understanding of the interconnectedness of human with the nature. The manusmriti emphasize the responsibility of individual towards the environment recognizing the importance of maintaining the ecological balance for societal harmony.The environment finds importance in Christianity and Islam as well.Indian constitution and environment

The constitution of India which came into force in 1950 contains certain provision which talk about the laws ,rights and duties a citizen has towards the climate. The constitution provides safeguard to curb the pollution which would decrease the global warming and thus preserve e the climate .

Preamble : The preamble of the Indian constitution serves as the preface of constitution . Though there is no explicit mention of climate but the ‘social justice ‘ which the constitution ensures includes the climate. The climate change infringes the social justice of the society. Article 12- This Article gives the right to citizen to enforce their fundamental rights towards the state which includes the hardships faced by people due to climate and growing pollution.Article 13- This Article has the provision which can declare any law made by the legislature as unconstitutional if they are inconsistent with the climate .Article 14- Equality before law ensures that every person living in the territory of India has equal right over environment, and climate being a subset of the prior will also fall under this.This includes that the word persons which includes the citizens ,non citizens and legal entities.Article 19 (1)(g)- The right to practice and profess ,or to carry on any occupation, trade or business finds itself in conflict with the climate preservation.For instance – A citizen sets up a factory and the pollutants from the factory pollutes the climate. Though he / she has right under this Article but climate protection will override this and he / she must install the pollutants control in the factory .Article 21- This Article give us the right to have a clean healthy environment which is the deprived of any impurities.

Judicial decisions

Not only the constitution but the judiciary also played an important role in the conservation of climate by giving various decisions on the preservation of environment.The Supreme Court has laid down the principle of climate control in several cases .

Tarun Bharat Sangh v. Union of India –

Held – The issues of environment must and shall receive the highest attention from the court.

MC Mehta v. Union of India

Held – Every person enjoys the right to a wholesome environment , which is a facet of the right to life guaranteed under Article 21 of the Constitution of India.

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

Held- The polluter pays principle required that a polluter near the remedial or case up costs and compensate the victim of pollution.

Vellore citizen welfare forum v. union of India

Held – The precautionary principle requires government authorities to anticipate, prevent and attack the causes of environmental pollution. It imposes the onus of proof on the developer or industrialist to show that his or her actions in environmentally benign.

MC Mehta v. Union of India

Held- The doctrine of sustainable development must inform the development strategy adopted by the State. This approach caters to the need of the present without compromising the ability of future generation to satisfy their needs.

International Convention on Climate Change

Since the climate change affects the entire globe international conventions were made to set rules by which climate can be preserved.National organizations like United Nations World health organization international court of justice and other in she was work towards the protection of climate and decrease the global warming.Global warming can be reduced by the reduction of greenhouse gases like CFCs etc.

Stockholm declaration

In 1972 the Stockholm declaration was drafted in June in the United Nations Conference on the Human environment. This declaration contains seven proclamation also know as seven truths which talk about man and relationship with the environment and the climate . It talks about the sustainable development .The principal one talks about the rights and duties of a man towards environment it is a preventive method which reminds the man that the environment is for present and future generation alike. It talks about the inter-generational equity .Its it’s a missed to make the man no that the use of natural resources should be at such that it can be there for the future as well.

Right to healthy environment

In the fast growing world the countries like India South Africa ,Malaysia, Thailand ,Indonesia, Philippines, etc. have the domestic constitution which talks about the right to have healthy environment for all their citizens.

The Montreal protocol

The Montreal protocol established in 1987 stands as an in landmark international agreement aimed at addressing the environmental challenges related to ozone depletion .

The UNFCCC

The United Nation framework convention on climate change established in 1992 represents up to pivotal global efforts to address the complex and fire reaching challenges by human action on the environment.The primary objective of UFCCC to stabilize greenhouse gas concentration in the atmosphere at the level that prevent dangerous anthropogenic interference with the climate change

Conclusion

To conclude , Indian laws and international laws plays a significant role in preventing the human action to degrade the environment. They talk about a share responsibility and delegate equilibrium. India’s domestic loss provide foundation for environmental stewardship addressing local challenges and setting standards for sustainable development. Situationally international agreements also amplifier these efforts by fostering a collaborative approach to global participation. The journey 2 words sustainable future can be achieved by harmonious integration of both the international and national laws. As the world grapples with the consequence of environment degradation the beacon of hope is taking affective steps towards a resilient and sustainable future for generations to come.

**The views and opinions expressed in this blog are solely those of the author.**