Published Paper Details:

Traditionally, in India environmental problems used to be addressed through private law doctrines such as trespass, nuisance, strict liability or negligence in India or remedies available under Indian Penal Code or Criminal Procedure Code. Early statues many of which continue in force, dealt with problems on a sectoral or typological basis. For example, offences written in the Indian Penal Code penalizes certain kinds of air pollution, water pollution etc. Sanitary codes dealt with the quality of water and specific regulations were sometimes drawn up to regulate certain types of industrial establishments. Some of the statutes dealing with specific types of problems were important characteristic of period before 1980s. A new trend has been seen in Indian legal system after the Stockholm conference in 1972. The old laws were interpreted with new zeal for environment protection. The present paper deals with the zing of Indian Judiciary in interpretation of the provisions of Criminal Procedure Code and Indian Penal Code for the environment protection. Both these codes contain provisions for public nuisance.