Environmental Laws in India

Introduction

Environmental laws in India are a comprehensive set of regulations aimed at protecting the environment, conserving natural resources, and ensuring sustainable development. These laws have evolved significantly over the years, influenced by international commitments, constitutional provisions, and the need to address growing environmental concerns.

Environmental-Related Provisions in the Indian Constitution

Constitutional protection to the environment is a part of the Indian Constitution which is protected by various provisions.

• Directive Principles of State Policy (Part IV) Article 48A (Protection and Improvement of the Environment): This state shall attempt to protect and enhance the quality of environment and also preserve the forest and wildlife of the country.
• Fundamental Duties (Part IV A) Article 51A (Preservation of the natural environment):  Every citizen is under obligation to protect and improve the environment through cultivating forests, lakes, rivers and wildlife as well as have a feel for animals.

History of Environmental Laws in India

Environmental protection gained its structural formation in India with the acceleration of the UN session of the human environment held in Stockholm in 1972.

• National Council for Environmental Policy and Planning: The body was formed in 1972 under the science and technology department. This council later on expanded into the Ministry of Environment and Forests.

Key Environmental Laws in India

1. The Wildlife (Protection) Act, 1972

• • Objective: To protect wild animals, birds, and plants.
  • Coverage: Extends to the whole of India.
  • Schedules: The Act has six schedules providing varying degrees of protection:
    • Schedule I and Part II of Schedule II: Absolute protection with the highest penalties.
    • Schedule III and IV: Protected but with lower penalties.
    • Schedule V: Species considered vermin, which can be hunted freely.
    • Schedule VI: Prohibits the cultivation and planting of specified endemic plants.
  • Statutory Bodies:
    • National Board for Wildlife
    • State Wildlife Advisory Boards
    • Central Zoo Authority
    • Wildlife Crime Control Bureau
    • National Tiger Conservation Authority.

2. The Water (Prevention and Control of Pollution) Act, 1974

• • Objective: For the purposes of emphasizing on prevention and containment of water pollution and ensuring that water was pure and wholesome.
  • Regulatory Authority: The two main authorities involved in pollution control are CPCB, which stands for Central Pollution Control Board and SPCBs, which is an abbreviation for State Pollution Control Boards.
  • Functions: CPCB and SPCBs have been given the powers to set and implement effluent-like standards pursuing factories that release pollutants to water systems.

3. The Environment (Protection) Act, 1986

• • Objective: For the purpose of increased environmental safety and protection, the following objectives of environmental protection can be regarded as essential.
  • Enforcement: Implemented by the Central Pollution Control Board and every State Pollution Control Boards across the country.
  • Background: Implemented after the Bhopal gas tragedy using the provision under Article 253 of the Constitution for implementing international treaties.

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

• • Objective: In order to make prevention and control of air pollution possible.
  • Regulatory Authority: To the Central Pollution Control Board and the State Pollution Control Boards.
  • Functions: Enables CPCB and SPCBs to set and implement air quality standards.

5. The Forest (Conservation) Act, 1980

• • Objective: In order to save forest resources and devise the ways of their effective and rational utilisation.
  • Provisions: Imposes prior permission of the Central Government to the diversion of forest land for other uses apart from forest uses.

6. The Biological Diversity Act, 2002

• • Objective: In order to protect, maintain, support and promote ecological integrity and biological continuing healthy use of biological resources and to ensure distribution of benefits from utilization of biological resources.

7. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

• • Objective: With a view to demarcate, recognize and title the forest rights and occupation of forest land to the Scheduled Tribe’s living in forests and other traditional forest dwellers.

Regulatory Bodies and Enforcement Mechanisms

Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs)

Functions: CPCB and SPCBs are involved in implementation of laws and policies concerning environment, formulation of norms for environmentally sustainable activities and regular auditing and checking of the reputed industries and companies.

National Green Tribunal (NGT)

• Established: As per National Green Tribunal Act, 2010.
• Jurisdiction: Discusses all environmental cases having to do with questions of considerable public importance concerning the environment.

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