Environmental laws – the indian scenario

Want to know about enviornment laws in India? Have a look at it. Happy reading!

1. Indian Intitute of Space Science and Technology
Thiruvananthapuram
Assignment as part of CH311 Environmental Science and Engineering
Environmental Laws - The Indian Scenario
Submitted by
Shaifalee saxena
SC14B051

2. Enviornment law
Environmental law means the laws that regulate the impact of human activities on the environment.Today,
the conservation, protection and improvement of human environment are major issues all over the world.
Environmental law covers a broad range of activities that affect air, water, land, ora or fauna.It is a collective
term describing the network of treaties, statutes, regulations, and common and customary laws addressing
the effects of human activity on the natural environment.
Indian scenerio
India has always been conscious about the environment and it has been framing laws to protect the envi-
ronment even before it got independence. In the Constitution of India it is clearly stated that it is the duty
of the state to protect and improve the environment and to safeguard the forests and wildlife of the country.
It imposes a duty on every citizen to protect and improve the natural environment including forests, lakes,
rivers, and wildlife.
Key policies
There are following three key policies relating to environmental protection in India.
The National Forest Policy, 1988
Policy statement for Abatement of Pollution, 1992
National Conservation Strategy and Policy Statement on Environment and Development, 1992
Indian constitution
Indian Constitution Article 48a:
In the Directive Principles of State Policy, Article 48-A was inserted which enjoins the State to make
endeavor for protection and improvement of the environment and for safeguarding the forest and
wildlife of the country (42nd amendment w.e.f. 3 January 1977).
Indian Constitution Article 51-A (G):
It shall be the duty of every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living creatures.It shall be the duty of
every citizen of India to protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures (42nd amendment w.e.f. 3 January 1977).
Environmental Regulations In India

3. Year Environmental Regulations
1972 The Wildlife (Protection) Act
1974 Water (Prevention and Control of Pollution Act) Amendments
1975 The Water (Prevention and Control of Pollution) Rules
1977 The Water (Prevention and Control of Pollution) Cess Act
1981 The Air (Prevention and Control of Pollution) Act, Amendments
1986 The Environmental (Protection) Rules
1987Amendments in the Environment Clearance, Notication Public Hearing made mandatory
1988 National forest policy
1989 Manufacture, Storage and Import of Hazardous Chemical Rules, Amendments
1991 The Public Liability Insurance Act/Rules
1995 The National Environment Tribunal Act
1997 The National Environment Appellate Authority Act
1998 The Bio-Medical Waste (M and H), Rules
1999 Regulation on recycling of Waste Oil and Non-ferrous scrape
2000 Municipal Solid Waste (M and H) Rules
2000 Ozone Depleting Substance (R and C) Rules
2000 Noise Pollution (Regulations and Control)
2001 Batteries (M and H) Rules
2002 The Biological Diversity Act
2006 National Environment Policy
2010 The National Green Tribunal Act

4. A. The Wildlife (Protection) Act 1972
India is a land with a rich heritage of wild life and home to many big animals and smaller species in large
numbers.There were 5 wild life parks available when India became free in 1947.
First piece of legislation passed to protect the environment.
Central Act of Parliament providing for the protection of wild animals, birds and plants and for ensuring
the ecological and environmental securities of the country.
The act also provides for the constitution of a State Board for Wildlife to advise the state government
in matters connected with the protection of wildlife.
B. The Water and air (Prevention and Control of Pollution) Act
The Water (Prevention and Control of Pollution) Act, 1974 was an effort to reduce and stop pollution in
rivers.The Air (Prevention and Control of Pollution) Act, 1981 was made to take appropriate steps for the
preservation of the natural resources of the earth which, among other things, includes the preservation of
the quality of air and control of air pollution. The act also puts forwards meticulous standards of air pollution
with particular regard to industries. These standards are effectively backed by severe penalties.Penalties
include imprisonment of between 1.5 and 6 years, and ne, additional ne in case of a continuing offence
and continuing offence after one year of conviction: imprisonment of between 2 and 7 years, and ne.
C. The Environmental (Protection) Rules,1986
It authorizes the central government to protect and improve environmental quality, control and reduce pol-
lution from all resources and prohibit the setting and operation of any industrial facility on environmental
grounds.It lays down procedures for setting standards of emmission or discharge of environmental pollu-
tants.It is an umbrella act for protection and improvement of environment and for matters connected with it.
It provides that:
“No person carrying on any industry, operation or process should discharge or emit or permit to be dis-
charged or emitted any environmental pollutant in excess of such standards as may be prescribed Section
15 of the Act provides for imprisonment and ne for violation of the provision of the Act.”
D. The Manufacture, Storage and Import of Hazardous Rules,1989
They were introduced with a view to protect the environment, nature, and health, in connection with the
application of gene technology and microorganisms.It sets up an authority to inspect the industrial activity
connected with hazardous chemicals and isolated storage facilities once a year.

5. E. The Public Liability Insurance Act/Rules,1991
It came on the heels of the Bhopal Gas tragedy. Its main aim was to provide relief to victims of industrial
disaster victims. It became obligatory for industrial set-ups to obtain insurance which was equivalent to the
capital needed to establish the industry.they were provided for public liability insurance for the purpose of
providing immediate relief to the persons affected by accident while handling any hazardous substance.
F. The National Environment Tribunal Act,1995
It has been created to award compensation for damages to persons, property, and the environment arising
from any activity involving hazardous substances.
G. The National Environment Appellate Authority Act,1997
It has been created to hear appeals with respect to restrictions of areas in which classes of industries etc.
are carried out or prescribed subject to certain safeguards under the EPA.
H. The Biomedical waste (Management and Handling) Rules,1998
It is a legal binding on the health care institutions to streamline the process of proper handling of hospital
waste such as segregation, disposal, collection, and treatment.
I. The Municipal Solid Wastes (Management and Handling) Rules,2000
It apply to every municipal authority responsible for the collection, segregation, storage, transportation,
processing, and disposal of municipal solid wastes.
J. The Ozone Depleting Substances (Regulation and Control),2000
These Rules have been laid down for the regulation of production and consumption of ozone depleting
substances.
K. The Batteries (Management and Handling) Rules, 2001
these rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, con-
sumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or
components so as to regulate and ensure the environmentally safe disposal of used batteries.
L. The Biological Diversity Act,2002
It is an act to provide the conservation of biological diversity and sustainable use of its components along
with fair and equitable sharing of the benets.

6. M. The National Green Tribunal (NGT) Act,2010
In June 2010 the National Green Tribunal (NGT) Bill was passed. It heralded a new dawn in environmental
protection.It aims at enforcing all the legal rights relating to the environment and also accounts for providing
compensation and relief to effected people for damage of property.
N. National forest policy,1988
Features-
Maintenance of environmental stability through preservation and restoration of the ecological balance.
Conservation of natural heritage of country by preserving remaining forests.
Checking soil erosion and extension of sand dunes.
Increasing forest cover by afforestation.
Meeting basic requirements of people (fuel,timber,food)
Efcient utilization of forest produce.
For conservation of biological diversity, a network of national parks, sanctuaries, biosphere reserves
and other protected areas should be extended and properly managed.
O. National Environment Policy,2006
It is the rst initiative in strategy-formulation for environmental protection in a comprehensive manner. It
undertakes a diagnosis of the causative factors of land degradation with a view to agging the remedial
measures required in this direction as well as recognizes that the relevant scal, tariffs and sectoral policies
need to take explicit account of their unintentional impacts on land degradation.
Environmental Impact Assessment (EIA)
It is the process of assessing the likely environmental impacts of a proposal and identifying options to
minimise environmental damage. The main purpose of EIA is to inform decision makers of the likely impacts
of a proposal before a decision is made. EIA provides an opportunity to identify key issues and stakeholders
early in the life of a proposal so that potentially adverse impacts can be addressed before nal approval
decisions are made.
EIA allows the likely signicant environmental effects of a project tobe identied and to be avoided, reme-
died or minimised at an early stage.By making the information on the likely signicant effects available, EIA
can help allay fears created by a lack of information.

7. There are two types of EIA models.
Statutory model: It makes the assessment of impact compulsory under an enact law or delegated
legislation.
Administrative model: Under this an administration exercises its discretion to nd out whether an
impact study is necessary or not.
Indian judiciary and environmental protection
The Indian Judiciary has seen the same transformation as has the Indian economy and culture. From
the highly strung cultural and economic transformation into an India which is much more open and receptive,
the Judiciary similarly has gone through a revolution which was both inspiring and trail blazing.
The Judiciary has come up with the judge-driven implementation of environmental administration in India.
It has isolated specic environmental law principles upon interpretation of Indian Statutes and Constitution.It
has been held that the Supreme Court and the High Courts can be directly approached under Article 32 and
Article 226 of the Constitution of India in case of matters relating to environment.The orders of the Supreme
Court and the High Courts cover a wide range of areas including air, water, solid waste, hazardous wastes,
forests, mining activities, and architectural treasures. Policy Statements of the government, which otherwise
are not enforceable in Courts, have been used as aids by the Judges for interpreting environmental statutes
and for spelling out obligations of the Government.
Recommendation
We have more than 200 Central and State legislations which deal with environmental issues. More
legislation means more difculties in enforcement. There is a need to have a comprehensive and an
integrated law on environmental protection for meaningful enforcement.
It is not enough to enact the legislations. A positive attitude on the part of everyone in society is
essential for effe ctive and efcient enforcement of these legislations.
The powers vested to the Pollution Control Boards are not enough to prevent pollution. The Boards
do not have power to punish the violators but can launch prosecution against them in the Courts whic
h ultimately defeat the purpose and object of the Environmental Laws due to long delays in deciding
the cases. Thus, it is imperatively necessary to give more powers to the Boards.
What we need is social awareness from below, not laws from the above. No law works out smoothly
unless the interaction is voluntary. In order to educate people about the environmental issues, there
should be exhibition of slides in the regional languages at cinema houses and television free of cost.

8. Further, as directed by the Supreme Court of India Environment studies shall be made a compulsory
subject at school and college levels in graded system so that there should be general growth of
awareness.
The Public Liability Insurance Act, 1991 which provides for mandatory public liability insurance for
installation and handling hazardous substance to provide minimum relief to the victims, is a welcome
step in the right direction. Such an insurance apart from safeguarding the interests of victims of
accident will also provide cover and enable the enterprise to meet its liability.
The need of the hour is to create a mechanism which is independent, authoritative, responsive, and
which can effectively co-operate and co-ordinate with other Ministries where environmental issues
have a prominent stake. India already has a good network of laws, all that is needed is its effective
implementation could bring in some well needed reforms. Policies formulated in addition to these laws
must be comprehensive with a focus to bring in innovative yet effective solutions to the problems of
the day
Conclusion
“Development and environment are two sides of the same coin.”If we can not sustain the environ-
ment , we can not develope ourselves.
Protection of the environment and keeping ecological balance unaffected is a task which not only the
government but also every individual, association and corporation must undertake. It is a social obligation
and fundamental duty enshrined in Article 51 A (g) of the Constitution of India.
Figure 1. [http://www.betterworldclub.com/blog/2015/01/15/environmental-law-a-diametric-controversy/]

9. The tapping of natural resources must be done with requisite attention and care so that ecology and
environment may not be affected in any serious way. A long-term planning must be undertaken by the
Central Government in consultation with the State Governments to protect and improve the environment
and to keep up the national wealth.
The work of NGOs of India have been commendable and with their constant help along with the backing
of Indian Government rural India will soon feature in environmental programs betting them.
Quick actions are supposed to be taken along with the major stake holders; all communities of people for
implementing actions supported by necessary resources, targets, and clear accountability mechanisms.
It needs to be appreciated that keeping in view the magnitude of nance required, a judicious mix of
incentives, phasing and awareness creating, programmes about cost-effective technologies is essential as
the rst prong of the strategy to control environment degradation.
“Don't blow it, good planets are hard to nd”
References
1
http://www.cercind.gov.in
2
https://en.wikipedia.org/wiki/Environmental
3
http://lexquest.in/environmental-law-indian-scenario/
4
http://www.slideshare.net/consumeractiongroup/environmental-laws-and-regulations-indian-scenario?from-action=save
5
http://www.environmentallawsondia.com/the-environment-denitions-and-acts.html
6
http://edugreen.teri.res.in/explore/laws.htm
7
http://dl4a.org/uploads/pdf/environmental-20law.pdf
8
https://www.quora.com/What-is-environmental-impact-assessment-What-are-its-benets
9
http://nhrc.nic.in/Publications/reportKBSaxena.pd
10
http://www.constitution.org/cons/india/const.html
11
http://www.wealthywaste.com/wildlife-protection-act-1972-a-summary
12
http://www.betterworldclub.com/blog/2015/01/15/environmental-law-a-diametric-controversy/