Environment Laws In India

29-May-2021
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Introduction

With the rapid increase in industrialization and human needs, environment has been badly suffered. Thankfully, the importance of protection as well as conservation of environment alongwith sustainable use of natural resources is reflected really well in the constitutional framework of India. The Environmental laws in India give huge importance to maintain an ecological balance of environment by safeguarding the forests and wildlife of the country.

Constitutional provision of Environmental Law

There are certain constitutional provisions which give certain power and rights to the citizens to protect environment. Let’s have a look:

Article 48A: This Article comes under the Directive principle of the State policy. This article implies that State shall endeavor to protect the environment. It also emphasizes on safeguarding the forests and wildlife of the country. Article 48A imposes a duty on State to protect the environment from pollution by adopting various measures. 

Article 51A (g): The Article 51 A(g) states that it shall be the duty of each and every citizen of India to protect and improve the natural environment that includes lakes, rivers, forests and wildlife. This Article also focuses on showing compassion for living creatures. This article is similar to Article 48A, but the only difference is that it concentrates on fundamental duty of citizens whereas Article 48A instructs the state to perform their duties and protect environment. Hence, it is our duty to not only protect the environment from pollution but also improve its quality. 

Article 253: This Article gives power to Parliament to create laws for the country in order to implement any treaty conventions and agreement with other countries. By this article, Parliament enacted various laws in order to protect environment like - Water Act 1974, Air Act 1981 and the Environmental Protection Act 1984. 

Article 246: The Article 246 divides the subjects of legislation between Union and State. It also provides the details of Concurrent list in which both the Union and State make laws by sharing the jurisdiction comprising the protection of mines, wildlife and minerals development. So, both State and Union have power to enact laws to protect the environment. Article 246 also provides the extra power to Parliament in order to make laws in State list for the National interest.

Article 47: This article imposes duty on the State in order to improve the standards of living of citizens by providing health facilities, proper nutrition, and sanitization and protect the environment to live safely. Article 47 also pressurizes its citizens to be more conscious of the environment.

Article 21: It states that right to life is not just for animals but it also provides the right to humans to live safely in an environment with basic human dignities. Because. In M.C. Mehta vs. Union of India, Supreme Court had stated that the right to live includes living in a pollution-free environment and be free from diseases.

Article 19(1) (g):  It states that citizens cannot practice such trade or business activities which are hazardous to public health.

Article 32 & 226: This article provides right to citizen to approach to Supreme or High Court whenever there is violation of fundamental right by PIL (Public Interest Litigation). This article helps preserve the environment and maintain ecological balance. This Article also dictates that environment conservation is not just the duty of government but also the responsibility of citizens of India.

Environmental Laws in India after Independence (1947)

The Indian Constitution adopted in 1950 never dealt with the subject of environment or prevention until 1976 amendment was not passed. The post independent Indian approach was centered on the economic development and poverty alleviation. 

Let’s look at some of the progressive steps in context of environmental laws in India after independence:

  • It was the Stockholm Declaration of 1972 that turned the attention of the Indian Government towards the perspective of environmental protection.
  • Set up in 1972, the National Council for Environmental Policy and Planning was later evolved into Ministry of Environment and Forests (MoEF) in 1985. 
  • The Biological Diversity Act 2002 safeguards the threatened species, prevents bio - piracy and water scarcity. It also regularizes the usage of natural resources and avoid its over exhaustion
  • The Environment Protection Act 1986, the environmental legislation in India provides a single focus in the country in order to protect environment and aims at plugging the loopholes in the existing legislation. 

Most important legislations for Environment Protection

1. The National Green Tribunal Act, 2010 

The National Green Tribunal Act 2010 provides the effective and expeditious disposal of cases related to conservation of forests, environmental protection and enforcement of any legal right relating to the environment. The Act also gives proper compensation and relief for damages to persons and property, and connected matters. The Act contains proper clauses on the jurisdiction, powers and proceedings of the tribunal and penalties of contravention.

2. The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 is a law passed by the Parliament of India in order to prevent and control the harmful effects of air pollution in India. The Government had passed this Act in 1981 in order to clean up the air by controlling pollution level. According to the Air (Prevention and Control of Pollution) Act, 1981, power plants, vehicles and industries are not allowed to release particular matter, lead, carbon monoxide or other toxic substances beyond a prescribed level. 

3. The Environment Protection Law, 1986

The Environment (Protection) Act, 1986 is one of the environmental law bare acts that provides the protection and improvement of the environment. Here, the term ‘Environment’ includes components like air, water and land and also the relationship between them including human beings, microorganisms and plants. The Environment Protection Act, 1986 had enacted this law at the United Nations Conference in order to protect the human environment.

4. The Hazardous Waste Management Regulations

Hazardous waste means any waste which can cause danger to health or environment due to its physical, chemical, reactive, toxic, explosive or corrosive characteristics. There are several legislations that directly or indirectly deal with hazardous waste management as discussed below:

  • Biochemical Waste (Management and Handling) Rules, 1988: These rules were formulated for proper disposal, segregation and transport of infectious wastes.
  • Municipal Solid Wastes (Management and Handling) Rules, 2000: It aims at enabling municipalities to dispose off municipal solid waste in a scientific manner. 

As we all are responsible for damaging the environment, hence it is really important that we follow environmental laws and also spread environmental awareness with others. We should not let our future generations suffer from our own bad deeds. Other than following environmental laws and policies, we must also look forward to contribute our bit towards nature conservation like - planting more trees, making less usage of cars etc. 

FAQ’s

Q1) What is environmental law?

Ans. Laws in India for the protection of environment is the collection of agreements, regulations, laws and common law that governs how humans interact with their environment. The purpose of environmental law is to protect the environment and formulate rules for how people can use natural resources. The Indian laws on environment not only aim at protecting the environment from worse situations, but they also remind us who can utilize natural resources and on what terms. 

Q2) Why are companies and contractors are able to violate environmental laws?

Ans. Companies and contractors look for more profits even at the cost of environmental degradation. They don’t mind doing unfair practices to maximize revenue. As the punishments are not really stringent, hence they even don’t mind violating the laws. 

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Q3) What are the current environmental laws in India?

Ans. The current environmental laws and policies in India include: The Forest Conservation Act, 1980, The Environment (Protection) Act 1986, The Wildlife Protection Act, 1972, Air (Prevention and Control of Pollution) Act, 1981, Air and The Indian Forest Act, 1927 and Water (Prevention and Control of Pollution) Act, 1974.

Q4) What are the three important environmental laws?

Ans.  The three important environmental laws are: The Forest Conservation Act, 1980, The Environment (Protection) Act 1986, The Wildlife Protection Act, 1972,

Q5) What is sustainable development in environmental law?

Ans. In an environmental law, sustainable development is a progressive approach to economic planning that attempts to foster economic growth while preserving the quality of the environment for future generations.

Q6) When was the first environmental law passed?

Ans. In 1950, the first environmental law passed was passed.