The newer Android version could simply give empty data (for example, location is 0,0 latitude longitude, there are no visible WiFi networks), when the permission is missing and an app on the old SDK version requests it.
Of course, they don't like this because then apps can't easily refuse to work if not allowed to spy.
Phone companies are required to make sure 911 works on their phones. Random people on the internet aren't required to make sure 911 works on random apps, even if they look like phones.
Of course, they don't like this because then apps can't easily refuse to work if not allowed to spy.