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Environmental Laws and Policies in India: Safeguarding Nature for a Sustainable Future

Table of Contents

Introduction to environmental laws and policies.

In a world grappling with the repercussions of climate change and environmental degradation, it’s imperative to understand the role of environmental laws and policies in India. This article explores India’s commitment to preserving its natural resources and fostering sustainable development through an array of regulations and initiatives.

The Evolution of Environmental Laws and Policies

India’s journey towards formulating comprehensive environmental laws began in the early 1970s. The urgency to address environmental issues gained prominence during the United Nations Conference on the Human Environment held in Stockholm in 1972. This landmark event laid the foundation for India’s environmental policy framework.

The Environmental Protection Act, 1986

One of the pivotal moments in India’s environmental legislation was the enactment of the Environmental Protection Act in 1986. This act empowered the central government to take necessary measures to safeguard and improve the environment.

Key Environmental Policies

India’s approach to environmental protection is rooted in several key policies and strategies, aiming to strike a balance between economic growth and ecological preservation.

National Action Plan on Climate Change (NAPCC)

India’s NAPCC, launched in 2008, outlines a comprehensive strategy to combat climate change while promoting sustainable development. It consists of eight national missions, each targeting specific climate-related challenges.

Forest Rights Act, 2006

Recognizing the importance of tribal communities in conserving forests, this act grants legal rights to forest dwellers over the land they have inhabited for generations. It not only protects forests but also empowers marginalized communities.

The National Action Plan on Climate Change, launched in 2008, is a pivotal policy document that outlines India’s comprehensive strategy to combat climate change while simultaneously promoting sustainable development. It comprises eight national missions, each targeting specific climate-related challenges:

National Solar Mission

India’s National Solar Mission aims to promote the development and deployment of solar energy technologies to reduce greenhouse gas emissions and increase energy security.

National Mission for Enhanced Energy Efficiency

This mission focuses on improving energy efficiency in various sectors, including industries, transportation, and agriculture, to reduce energy consumption and mitigate climate change.

National Water Mission

The National Water Mission addresses water-related issues, such as water conservation, efficient water use, and sustainable management of water resources, to ensure water availability for all.

National Mission for Sustainable Agriculture

This mission seeks to promote climate-resilient agricultural practices and reduce emissions from the agricultural sector while ensuring food security.

National Mission on Sustainable Habitat

With rapid urbanization, this mission aims to promote sustainable urban planning and development, emphasizing energy-efficient buildings and public transport systems.

National Mission for Green India

Focused on forest and biodiversity conservation, this mission aims to restore and enhance forest and tree cover, as well as protect wildlife habitats.

This mission aims to promote climate-resilient agricultural practices and reduce emissions from the agricultural sector while ensuring food security.

National Mission on Strategic Knowledge for Climate Change

This mission focuses on creating and disseminating knowledge related to climate change, adaptation, and mitigation strategies.

The Forest Rights Act, enacted in 2006, recognizes the historical injustice meted out to forest-dwelling tribal and indigenous communities. It grants legal rights to forest dwellers over the land they have inhabited for generations. This act not only protects forests but also empowers marginalized communities by giving them control over their resources.

Water (Prevention and Control of Pollution) Act, 1974

This legislation aims to prevent and control water pollution by regulating the discharge of pollutants into water bodies and setting water quality standards.

Air (Prevention and Control of Pollution) Act, 1981

Similar to the Water Act, the Air Act of 1981 addresses air pollution issues by regulating emissions from industries and vehicles, thereby improving air quality.

Wildlife Protection Act, 1972

This act provides legal provisions for the protection and conservation of wildlife in India. It designates protected areas and regulates hunting and poaching activities.

Challenges and Controversies

Despite India’s efforts to strengthen its environmental laws, several challenges and controversies persist. Rapid urbanization, industrialization, and population growth continue to exert pressure on the environment, leading to concerns about air and water pollution.

Rapid Urbanization and Industrialization

India’s rapid urbanization and industrial growth have brought economic prosperity but also environmental challenges. The expansion of cities and industries often leads to increased pollution, deforestation, and habitat destruction, impacting air and water quality, as well as biodiversity.

Air and Water Pollution

Air pollution is a significant concern in many Indian cities, with high levels of particulate matter and pollutants affecting public health. Water pollution, driven by industrial discharges and inadequate sewage treatment, poses a severe threat to water bodies and public health.

Deforestation and Loss of Biodiversity

The growth of infrastructure projects and agricultural expansion has resulted in deforestation and the loss of critical habitats for wildlife. This poses a threat to India’s rich biodiversity and can lead to ecological imbalances.

Inadequate Implementation and Enforcement

Despite robust environmental laws and policies, their effective implementation and enforcement can be challenging. Inconsistent enforcement across states and regions, bureaucratic delays, and corruption can hinder the intended impact of these policies.

Displacement of Indigenous Communities

Large-scale infrastructure projects, such as dams and mining, often lead to the displacement of indigenous and tribal communities who depend on the land for their livelihoods. This raises ethical and human rights concerns.

Water Scarcity and Resource Management

India faces significant challenges related to water scarcity and mismanagement of water resources. Competing demands for water from agriculture, industry, and households often lead to conflicts.

Controversy Over Environmental Clearances

The process of granting environmental clearances for development projects is often mired in controversy. Critics argue that some projects receive approval without adequate scrutiny of their environmental impact.

Climate Change Vulnerability

India is vulnerable to the impacts of climate change, including rising temperatures, changing precipitation patterns, and extreme weather events. Adapting to and mitigating these changes require substantial resources and policy adjustments.

Waste Management and Plastic Pollution

Inefficient waste management systems and the proliferation of single-use plastics contribute to environmental degradation. Proper disposal and recycling of waste materials are ongoing challenges.

Lack of Public Awareness and Participation

Engaging the public in environmental conservation efforts remains a challenge. Limited awareness and engagement hinder collective action for environmental protection.

Addressing these challenges and controversies requires a multifaceted approach that includes stricter enforcement of existing laws, sustainable development practices, public awareness campaigns, and proactive measures to combat pollution and protect natural resources. Achieving a balance between economic growth and environmental sustainability is an ongoing endeavor for India’s policymakers and citizens.

• The Environmental Protection Act, 1986, empowers the central government to take measures to safeguard and improve the environment, making it a cornerstone of India’s environmental legislation.
• The Forest Rights Act grants legal rights to forest dwellers, helping conserve forests and empowering marginalized communities.
• NAPCC is a comprehensive strategy to combat climate change while promoting sustainable development through various national missions.
• India faces challenges such as rapid urbanization, industrialization, and population growth, leading to concerns about pollution and resource depletion.
• Individuals can contribute by adopting sustainable practices, conserving resources, and supporting initiatives that promote environmental conservation…. .Read more
• #Environmental Laws and Policies

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Environmental Laws in India

Last updated on April 2, 2024 by ClearIAS Team

Environmental laws are an important part of any governance body. It comprises a set of laws and regulations concerning air quality, water quality, and other aspects of the environment.

The environmental laws in India are guided by environmental legal principles and focus on the management of specific natural resources, such as forests, minerals, or fisheries.

The environmental laws in India are a direct reflection of what was envisaged in the constitution. The need for protection and conservation of the environment and sustainable use of natural resources is reflected in the constitutional framework of India and also in the international commitments of India.

Also read: Eco-Sensitive Zones (ESZ)

Table of Contents

Environment-Related Provisions in the Indian Constitution

Environment protection is mentioned in the Indian Constitution as part of Directive Principles of State Policy as well as Fundamental Duties.

Directive Principles of State Policy (Part IV) Article 48A

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Protection and improvement of the environment and safeguarding of forests and wildlife The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

Fundamental duties (Part IV A) Article 51A

To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Also read: Environmental Regulatory Bodies in India

History of environmental laws in India

The detailed and developed framework for environmental protection came after the UN conference on Human Environment in Stockholm, in 1972.

This led to the formation of the National Council for Environmental Policy and Planning in 1972 within the Science and Technology Department.

This was set up to establish a regulatory body for the overview of the environmental-related issues and concerns.

This council was later converted to the Ministry of Environment and Forests.

The government of India has made numerous acts to protect the environment and biodiversity . The important and impactful environmental laws and acts are listed and explained below.

The Wildlife (Protection) Act, 1972

The Act provides for the protection of wild animals, birds, and plants; and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India.

It has six schedules that give varying degrees of protection:

• Schedule I and Part II of Schedule provide   absolute protection , offences under these are prescribed the highest penalties.
• Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower .
• Animals under Schedule V , e.g. common crows, fruit bats, rats, and mice, are legally considered vermin and may be hunted freely.
• The specified endemic plants in Schedule VI are prohibited from cultivation and planting.

Statutory bodies under WPA:

• National Board for Wildlife and state wildlife advisory boards
• Central Zoo Authority
• Wildlife Crime Control Bureau
• National Tiger Conservation Authority

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

Objective: To provide prevention and control of water pollution. Maintaining or restoring of wholesomeness and purity of water in the various sources of water.

It vests regulatory authority in Centre Pollution Control Boards (CPCB) and State Pollution Control Board (SPCB).

CPCB and SPSB are statutory bodies created under the Water Act, of 1974. It empowers CPCB and SPCB to establish and enforce effluent standards for factories discharging pollutants into water bodies.

CPCB performs these same functions for union territories along with formulating policies related to the prevention of water pollution and coordinating activities of different SPSBs.

SPCB controls sewage and industrial effluent discharge by approving, rejecting, and granting consent to discharge.

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

The act aims to control and prevent air pollution in India and its main objectives are:

• To provide for prevention, control, and abatement of air pollution.
• To provide for the establishment of the boards at the central and state levels to implement the act .

CPCB and SPCB were given the responsibility.

It states that the sources of air pollution such as internal combustion engines, industry, vehicles, power plants, etc., are not permitted to release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds (VOCs), or other toxic substances beyond the predetermined limit.

It empowers the state government to designate air pollution areas.

The Environment (Protection) Act, 1986

This act was passed under Article 253 (legislation for giving effect to international agreements)

This was passed in the wake of the Bhopal gas tragedy in December 1984.

It was enacted to achieve the UN conference on the human environment, 1972- Stockholm declaration .

Eco-sensitive zones or ecologically fragile areas are notified by MoEFCC under EPA, 1986 – 10 km buffer zones around protected areas.

Statutory bodies under the EPA, 1986:

• Genetic Engineering Appraisal Committee
• National Coastal Zone Management Authority (later converted to National Ganga Council under the Ministry of Jal Sakthi)

The ozone-depleting substances (regulation and control) rules, 2000

• It set deadlines for phasing out of various Ozone Depleting Substances (ODSs) and regulating production, trade import, and export of the product containing ODS.
• These rules prohibit the use of CFCs, halons, ODSs such as carbon tetrachloride and methyl chloroform, and SFC except in metered-dose inhalers and for other medical purposes.

Coastal Regulation Zone Notification 2018

It was notified based on the recommendations of the Shailesh Nayak Committee.

To promote sustainable development while taking into account the natural hazards such as increasing sea levels due to global warming.

To conserve and protect biodiversity besides livelihood security to local communities including the fishermen.

CRZs have been classified into 4 zones for regulation:

• CRZ I –  ecologically sensitive areas such  as mangroves, coral reefs, salt marshes, turtle nesting ground, and the inter-tidal zone.
• CRZ II –  areas close to the shoreline , and which have been developed.
• CRZ III- Coastal areas that are not substantially built up , including rural coastal areas.
• CRZ IV- water area from Low Tide Line (LTL) to the limit of territorial waters of India.

The Energy Conservation Act, 2001

It was enacted as a step towards improving energy efficiency and reducing wastage. It specifies the energy consumption standards for equipment and appliances.

It prescribes energy consumption norms and standards for consumers. It prescribes energy conservation building codes for commercial buildings.

The Bureau of Energy Efficiency (BEE) is a statutory body established under the act.

Biological Diversity Act 2002

It was implemented to give effect to CBD, Nagoya Protocol .

To check biopiracy, protect biological diversity, and local growers through a three-tier structure of central and state boards and local committees.

To set up National Biodiversity Authority (NBA), State Biodiversity Boards (SBBS), and Biodiversity Management Committees (BMCS).

• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)

The act recognizes and vests the forest rights and occupation in forest land in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD)  residing in such forests for generations. This act comes under the aegis of the Ministry of Tribal Affairs.

The act also establishes the responsibilities and authority for sustainable use, conservation of biodiversity, and maintenance of the ecological balance of FDST and OTFD.

It strengthens the conservation regime of the forests while ensuring the livelihood and food security of the FDST and OTFD.

It seeks to rectify colonial injustice to the FDST and OTFD who are integral to the very survival and sustainability of the forest ecosystem.

The act identifies four types of rights:

1. Title rights

It gives FDST and OTFD the right to ownership of land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.

Ownership is only for land that is being cultivated by the concerned family and no new lands will be granted.

2. Use rights

The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas, pastoralist routes, etc.

3. Relief and development rights

To rehabilitation in case of illegal eviction or forced displacement and basic amenities, subject to restrictions for forest protection

4. Forest management rights

It includes the right to protect, regenerate conserve, or manage any community forest resource that they have been traditionally protecting and conserving for sustainable use.

To know more read Forest Rights Act

The National Green Tribunal Act, 2010

It was established in concurrence with Rio Summit 1992  to provide judicial and administrative remedies for the victims of the pollutants and other environmental damage.

It also agrees with Article 21, the Right to a healthy environment for its citizens of the constitution.

The NGT has to dispose of the cases presented to it within 6 months of their appeals.

NGT has original jurisdiction on matters related to substantial questions of the environment.

NGT deals with the civil cases under the 7 acts related to the environment:

• Water (Prevention And Control Of Pollution) Act, 1974
• Water (Prevention And Control Of Pollution) Cess Act, 1974
• Air (Prevention And Control Of Pollution) Act, 1977
• Forest Conservation Act, 1980
• Environmental Protection Act, 1986
• Public Liability Insurance Act 1991
• Biological Diversity Act, 2002

2 acts have been kept out of the jurisdiction of NGT:

• Wildlife Protection Act, 1972

The decisions of the NGT can be challenged in High Courts and the Supreme Court.

Compensatory Afforestation Fund Act, 2016

The CAF Act was enacted to manage the funds collected for compensatory afforestation which till then was managed by  ad hoc Compensatory Afforestation Fund Management and Planning Authority (CAMPA).

• Compensatory afforestation means that every time forest land is diverted for non-forest purposes such as mining or industry, the user agency pays for planting forests over an equal area of non-forest land, or when such land is not available, twice the area of degraded forest land.

As per the rules,  90% of the CAF money is to be given to the states while 10% is to be retained by the Centre.

The funds can be used for the treatment of catchment areas, assisted natural generation, forest management, wildlife protection and management, relocation of villages from protected areas, managing human-wildlife conflicts, training and awareness generation, supply of wood-saving devices, and allied activities.

Read: Environmental Regulatory Bodies

UPSC CSE Previous year questions

Prelims 2021

Q. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006? (a) Ministry of Environment, Forest and Climatic Change. (b) Ministry of Panchayat Raj (C) Ministry of Rural Development (d) Ministry of Tribal Affairs

Reference: Important Acts that Transformed India

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Environmental Laws in India

Environmental Laws in India constitute a vital component of the country’s environmental governance framework. Aimed at protecting and conserving the environment, these laws have played a crucial role in balancing economic growth with environmental sustainability. This article aims to study in detail the key Environmental Laws in India, their objectives, major provisions, significance, and other related aspects.

Meaning of Environmental Laws

• Environmental Legislations or Laws refer to a set of legal rules and regulations designed to protect the environment, conserve natural resources, and ensure sustainable development.
• These laws govern the interaction between human activities and the natural environment, aiming to mitigate the impact of activities such as industrial operations, agriculture, waste disposal, and urban development on the environment.

Evolution of Environmental Laws in India

• One of the earliest codified environmental legislations was enacted by Emperor Ashoka during the third century B.C.
• Some of the prominent environmental legislations of this period include – the Cattle Trespass Act, 1871, the Elephants Preservation Act, 1879, the Indian Forest Act, 1927, etc.
• After the United Nations Conference on Human Environment in Stockholm in 1972, there was enactment of a series of environmental laws in India to protect the environment and wildlife in a better way.
• These laws, along with environmental organisations and initiatives in India, form a vital component of Environmental Governance in India.

What is Environmental Governance?

• Environmental Governance refers to the systems and processes in place to manage environmental resources and protect the environment.
• It encompasses the laws, policies, initiatives, and institutions that guide human interactions with nature.
• Environmental Governance in India comprises the rules, practices, policies and institutions that shape how people in the country interact with the environment.

Read our detailed article on:

• Environmental Governance in India
• Environmental Initiatives in India
• Environmental Organisations in India

Key Environmental Laws in India

• Environmental laws in India form a comprehensive framework designed to safeguard the country’s environment, natural resources, and ecological balance.
• Starting in the early 1970s, several key environmental legislations were enacted in the country to protect the environment and ecology comprehensively.
• Wildlife Protection Act, 1972
• Environment Protection Act, 1986

National Forest Policy, 1988

• Forest Rights Act, 2006

Coastal Regulation Zone Notifications (CRZ Notifications)

• Wetlands (Conservation and Management) Rules, 2010 and 2017
• Ozone Depleting Substances Rules, 2000
• Biological Diversity Act, 2002

Each of these environmental laws in India has been discussed in detail in the sections that follow.

Wildlife Protection Act, 1972 (WPA, 1972)

• The Wildlife Protection Act, 1972 (WPA, 1972) is an environmental legislation enacted by the Government of India to protect the country’s wildlife and their habitats.
• It provides a legal framework for the conservation of various species of flora and fauna and regulates activities that could harm them.

Read our detailed article on the Wildlife Protection Act, 1972 .

Environment Protection Act, 1986 (EPA, 1986)

• The Environment Protection Act, 1986 (EPA, 1986) is an umbrella legislation under which various rules and notifications have been framed and issued to take care of the different dimensions of environmental challenges.
• Creation of authorities with adequate powers for environmental protection
• Co-ordination of the activities of the various regulatory agencies
• Regulation of discharge of environmental pollutants and handling of hazardous substances
• Speedy response in the event of accidents threatening the environment and Provision for deterrent punishments

Read our detailed article on the Environment Protection Act, 1986 .

• The Forest Policy of India refers to a set of guidelines and regulations established by the Indian government to manage and conserve the country’s forest resources.
• It aims to ensure the sustainable use and preservation of forests, balancing ecological health with socio-economic development.

Read our detailed article on National Forest Policy, 1988 .

Forest Rights Act, 2006 (FRA, 2006)

• The Forest Rights Act, 2006 (FRA, 2006), also known as the Schedule Tribes and Other Traditional Forest Dwellers Act, 2006, is a landmark piece of legislation in India, which seeks to address the historical injustice faced by forest-dwelling communities by recognising their rights over the land and resources they have been dependent on for generations.
• To empower and strengthen the local self-governance
• To address the livelihood security of the people, leading to poverty alleviation and pro-poor growth
• To address the issues of conservation and management of natural resources and conservation governance in India.

Read our detailed article on the Forest Rights Act, 2006 .

• The Coastal Regulation Zone Notifications (CRZ Notifications) are the regulations aimed at preventing ecological damage and ensuring sustainable development areas along India’s coast.
• These regulations aim to manage coastal and island zone activities in a way that protects coastal ecosystems, minimises coastal erosion, and safeguards the livelihoods of coastal communities.
• The Ministry of Environment issued the Coastal Regulation Zone (CRZ) Notification 1991 under the Environment Protection Act, 1986.
• The CRZ Notification 1991 was superseded by CRZ Notification, 2011 and Island Protection Zone (IPZ) Notification, 2011 under the Environment (Protection) Act, 1986.

Read our detailed article on Costal Zone Regulation (CRZ) .

Wetland (Conservation and Management) Rules 2010 & 2017?

• Wetland (Conservation and Management) Rules 2010 & 2017 are rules enacted by the Government of India under the Environment Protection Act, 1986, aimed at protecting and managing the country’s wetlands in a sustainable manner.
• The Wetlands (Conservation and Management) Rules 2010 were the first comprehensive regulatory framework for wetlands in India.
• Later, in order to address the lacunae of the 2010 Rules, the Wetlands (Conservation and Management) Rules 2017 was brought.

Read our detailed article on Wetland (Conservation and Management) Rules 2010 & 2017 .

Ozone Depleting Substances (Regulation and Control) Rules 2000

• The Ozone Depleting Substances (Regulation and Control) Rules 2000 are a set of rules in India that aim to combat the threat of Ozone layer depletion due to Ozone Depleting Substances (ODSs).
• These rules were established under the Environment (Protection) Act, 1986, to meet India’s obligations under the Montreal Protocol.

Read our detailed article on Ozone Depleting Substances (Regulation and Control) Rules 2000 .

Biological Diversity Act 2002 (BDA 2002)

• The Biological Diversity Act 2002 (BDA 2002) is an act of parliament aiming to protect India’s rich biodiversity and associated knowledge against their use by foreign individuals and organisations without sharing the benefits arising out of such use and to check bio-piracy.
• It primarily addresses issues of conservation, sustainable use of biological resources in the country, issues related to access to genetic resources and associated knowledge and fair and equitable sharing of benefits arising from the utilisation of biological resources to the country and its people.
• This Act aligns with India’s commitment to the Convention on Biological Diversity (CBD), which aims to protect the world’s biodiversity while promoting its sustainable use.

Read our detailed article on the Biological Diversity Act, 2002 .

Challenges in Environmental Governance in India

Despite a robust legislative framework, the implementation of environmental laws in India faces several challenges:

• Weak Enforcement: Factors such as lack of adequate manpower, corruption, political interference, etc, lead to weak enforcement of environmental laws in India.
• Weak Coordination: The overlapping responsibilities of various agencies and lack of coordination among central and state institutions often lead to issues in enforcing and implementing environmental laws in India.
• Lack of Public Awareness: Limited awareness about environmental issues hinders public participation and compliance with the environmental laws in India.
• Emerging Challenges: Climate change, pollution, and waste management pose new challenges to the enforcement of environmental laws in India.
• Data and Monitoring: Inconsistent data and inadequate monitoring infrastructure affect the effective enforcement and implementation of environmental laws and policies.
• Balancing Development and Conservation: India’s rapid economic growth poses challenges in balancing developmental needs with environmental conservation.

In order to strengthen enforcement of environmental laws in India, the following suggested measures can be undertaken:

• Strengthening Institutions: Strengthening the capacity and coordination of environmental institutions at both the central and state levels is necessary for the proper implementation of environmental laws in India.
• Effective Implementation: Measures like better monitoring, increased penalties for non-compliance, and greater transparency can help improve the enforcement of environmental laws in India.
• Public Participation: Promoting public awareness and participation in environmental decision-making can lead to more effective implementation of environmental laws in India.
• Sustainable Development: Integrating environmental considerations into development planning and adopting sustainable practices can help evolve environmental laws in India.
• Green Technologies: Promoting Green Technologies such as renewable energy sources can aid in better implementation of environmental laws in India.

Environmental Laws in India provide a comprehensive framework for protecting natural resources, and promoting sustainable development. These laws, evolved over a period of time, reflect the country’s commitment to addressing its environmental challenges and advancing towards a more sustainable future. While challenges in the enforcement and implementation of environmental laws in India persist, ongoing efforts to strengthen legal mechanisms, enhance public participation, and leverage technology will be crucial for achieving long-term environmental goals.

Frequently Asked Questions (FAQs)

What is the precautionary principle in environmental law.

The precautionary principle is an environmental law principle that allows for protective measures to be taken when there is uncertainty about the risk of environmental harm.

What is 42nd Amendment in environmental law?

The 42nd Constitutional Amendment, 1976, is significant in the context of environmental laws in India as it introduced provisions that laid the foundation for environmental protection in India.

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Conservation of Biodiversity: Types, Measures & More

Environmental Governance and Policy

1 January 2019

Indian Environmental Law: Key Concepts and Principles

Shibani Ghosh

For more than three decades now, the Indian courts have delivered far-reaching judgments on a range of significant environmental matters. In their effort to adjudicate complex disputes with serious environmental repercussions, involving the interplay of multiple social, economic and political factors, the courts have developed a framework of environmental rights and legal principles, which now forms an integral part of Indian environmental jurisprudence. The judiciary invokes this framework creatively to identify constitutional, statutory and common law obligations of public and private actors to protect the environment, and to enforce the performance of related duties. There is, however, limited in-depth study of these crucial rights and principles in existing legal literature. Indian Environmental Law: Key Concepts and Principles fills this gap through its critical analysis of the evolution of this environmental legal framework in India. It studies the origins of environmental rights, substantive and procedural, and the four most significant legal principles— principle of sustainable development, polluter pays principle, precautionary principle and the public trust doctrine—and elaborates how Indian courts have defined, interpreted and applied them across a range of contexts. As environmental litigation and legal adjudication struggle to respond to worsening environmental quality in the country, conceptual clarity about the content, application and limitations of environmental rights and legal principles is crucial for the improvement of environmental governance. With chapters written by Saptarishi Bandopadhyay, Lovleen Bhullar, Shibani Ghosh, Dhvani Mehta and Lavanya Rajamani, this book explores the judicial reasoning and underlying assumptions in landmark judgments of the Supreme Court, the High Courts and the National Green Tribunal, and aims to provide the reader with a comprehensive understanding of the framework of rights and principles. Download the book here. Indian Environmental Law: Key Concepts and Principles has been reviewed by The Hindu and Down to Earth. To learn more about this book, read the chapter descriptions below. Chapter 1: The Judiciary and the Right to Environment in India: Past, Present and Future By Lovleen Bhullar Bhullar discusses the evolution of the right to environment as a substantive right in Indian environmental law. Drawing from judgments of different fora, she identifies the linkages made by the Indian judiciary between environmental protection and the Constitution, specifically Articles 21, 47, 48A and 51A(g). She finds the courts to have adopted a predominantly anthropocentric approach to environmental protection, with occasional recognition of the right of the environment. While the path of evolution of the right to environment, and its realization, has been problematic, Bhullar argues that the inherent imprecision of the right, while unfortunate in some cases, allows courts the flexibility to adapt their directions to a given fact situation, often in the interest of the environment. Chapter 2: Procedural Environmental Rights in Indian Law By Shibani Ghosh Ghosh examines three procedural environmental rights – the right to information, the right to public participation, and the right to access to justice – in detail, and identifies loopholes and limitations in the adjudication of each right. In particular, the chapter refers to relevant provisions of the Environment (Protection) Act 1986, the EIA Notification 2006, the Right to Information Act 2005, the Forest Rights Act 2006, and the National Green Tribunal Act 2010. Ghosh concludes that despite statutory expression of procedural environmental rights, there is no room for complacency as these three rights are routinely curtailed and denied. Chapter 3: Sustainable Development and Indian Environmental Jurisprudence By Saptarishi Bandhopadhyay Bandhopadhyay critically analyses the principle of sustainable development, as interpreted and applied by the Indian judiciary. The chapter provides a succinct description of the historical evolution of the principle internationally. It analyses the Vellore judgement to distill the Indian Supreme Court’s definition of the principle, and examines the Narmada judgement to reveal how the Supreme Court has ‘instrumentally harnessed the vagueness inherent in sustainable development’. Bandopadhyay concludes that while the interpretive flexibility of the principle diminishes the extent to which litigants and lawyers can expect the Court to justify its determinations, this flexibility is not necessarily undesirable, as it leaves the field of legal argumentation and political struggle relatively open. Chapter 4: The Polluter Pays Principle: Scope and Limits of Judicial Decisions By Lovleen Bhullar Bhullar discusses the origin of the polluter pays principle in Indian judicial decisions, and poses five questions to understand how the Indian courts have operationalised it – who is the polluter; how and when is the application of the principle triggered; how is the loss assessed and compensation determined; what does the polluter pay; and finally, what are the limits of the principle. She concludes that while the flexible way in which the Indian judiciary has operationalised the principle has allowed different aspects of the principle to be fleshed out in each case, it has also led to courts speaking in contradictory voices. Chapter 5: The Precautionary Principle By Lavanya Rajamani Rajamani explores the conceptual underpinnings of the precautionary principle, tracing its definition, interpretation and legal status in international law, before turning to Indian law. She argues that the application of the principle in the Vellore judgement is at odds with the Supreme Court’s own definition of the principle. The chapter discusses this lack of clarity in the Court’s engagement with the principle, and the blurring of lines between two distinct legal principles – precaution and prevention. Rajamani concludes that the invocation of the indigenous version of the precautionary principle may be instrumentally useful in arriving at environmentally favourable judicial outcomes, but it does not bode well for the development of a clear line of jurisprudence. Chapter 6: Public Trust Doctrine in Indian Environmental Law By Shibani Ghosh Ghosh traces the growth and application of the public trust doctrine, and explains why it is difficult to identify how the doctrine could lend predictability to decision-making regarding public trust properties. She explains the contours of the doctrine as inferred from Indian judicial pronouncements – the source of the doctrine, properties that are held in public trust, and principles that are applied by courts while implementing the doctrine. Rather than insisting on its redundancy, she argues that it is desirable to make the doctrine more relevant, and proposes ways in which it may afford greater protection to natural resources held in trust. Chapter 7: The Judicial Implementation of Environmental Law in India By Dhvani Mehta Mehta provides an overview of the compliance and enforcement mechanisms available to environmental regulatory authorities in India, and then, with references to case law (many of which rely on the four legal principles in this book), illustrates the implementation mechanisms developed by the Indian courts. She concludes that judicial implementation mechanisms have had mixed success. Apart from external factors, there are certain internal weaknesses that impact the implementation process: courts have been inconsistent while deploying implementation mechanisms, their orders require more robust legal reasoning and they need to integrate better with the existing regulatory framework.

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[Book review] Lawscape behind landmarks: India’s history of environmental laws and policies

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• Beginning in the 1990s, the Indian Judiciary has, case by case, built a solid foundation of laws for the protection of the environment.
• In its third edition, the book “Environmental Law and Policy in India: Cases and Materials” by Shyam Divan and Armin Rosencranz, traces this journey of legislation from the 2000s to 2021, covering the Indian environmental legal system within the Constitution, the legislative process and the legal structure.
• The authors also track the changes in underlying principles that drove environmentally-sound judgements, with economic growth being a constant bugbear to decisions regarding sustainable development.

When I joined The Hindu Business Line newspaper as a young reporter in 1993, I was given environment as my beat of choice. We, the lowest in the food chain, were expected to cover more than one beat. So, at the editorial meeting, I was asked to cover leather and textile industries, along with a few others. The editor’s logic was inarguable – there was severe pollution in leather tanning and textile dyeing, thus there was synergy with the environment beat.

Not very far from Chennai – from where I was reporting – the Vellore Citizen’s Welfare Forum had filed a case in the Supreme Court against the leather tanneries polluting the Palar river basin, the underlying aquifer and lands. In 1996, this case resulted in a landmark judgement by Justice Kuldip Singh. Months before he retired in 1996, Singh went on to author many other important judgements on the environment, thereby earning himself the sobriquet of the “Green Judge.”

Supreme Court lawyer M.C. Mehta argued for the petitioner in the Vellore tanneries case. In fact, Mehta was the petitioner in multiple cases. The mid-1990s was a period of judicial activism, and environmental cases were a significant portion of those that came for adjudication.

Environmental Law and Policy in India: Cases and Materials by Shyam Divan and Armin Rosencranz comprehensively covers the remarkable environmental adjudication process in the period of the 1990s, and frames it within India’s environmental legislation history. In the broader framework, the book contextualises the Indian environmental legal system within the Constitution, the legislative process and the legal structure.

This is the third edition of a book that has, over the decades. become essential reference material for anybody interested in the Indian environment. The first edition was published in 1991 and the second edition in 2001. In addition to what has been covered in the earlier editions, this book covers legal developments from 2000 to the end of 2021.

Judgements help develop policy

Since 2000, the Indian Parliament has enacted three major environmental laws, note the authors. They are the Biodiversity Act of 2002 (BDA 2002), the Forest Rights Act of 2006 (FRA 2006), and the National Green Tribunal Act of 2010 (NGTA 2010).

In addition, the Ministry of Environment, Forests and Climate Change (MoEF&CC) has issued a vast number of rules and regulations under the Environment Protection Act of 1986 (EPA 1986). These include rules related to controlling noise pollution, regulating ozone-depleting substances, and conserving wetlands. Older notifications under the EPA 1986 were also amended from time to time.

Divan and Rosencranz state that the Supreme Court’s record since 2000 is a mixed bag. “The first major environmental judgement rendered by the Supreme Court after 2000 was the split verdict clearing the decks for the completion of the Sardar Sarovar Dam on river Narmada.” On the positive side were the judgements requiring buses in Delhi to be fuelled by compressed natural gas, and controlling illegal mining in Karnataka, Odisha and Goa. More importantly, the judiciary has mostly supported the underdog.

“For all the legislations and intricate rules, India’s environmental laws are largely ineffective,” write Divan and Rosencranz. “For over three decades, citizens have been compelled to petition the courts (and more recently, the NGT) to secure enforcement of black letter laws and push the state to adopt global best practices. As a result, we have in India a regulatory stew of ample legislation, patchy enforcement and ad hoc judicial directions.”

The judicial decision process for environmental disputes happens in the Supreme Court, the high courts, and the NGT. The role of the judges “in spurring the evolution of Indian environmental law has been a journey without parallel in world environmental jurisprudence,” write the authors. “Since the 1980s, these judges have not only resolved individual cases between the citizen and the state but have also shaped the contours of environmental policy. They refine judicial principles and infuse life into sterile statutes that were (and still are) assiduously ignored by an ineffectual bureaucracy.”

An example that comes to my mind that serves as an example for this assertion by the authors is the T.N. Godavarman Thirumulpad versus the Union of India case (also known as the Writ Petition No. 202 of 1995). Thirumulpad, an erstwhile feudal chief from Nilambur in the Kerala side of the Nilgiri Biosphere Reserve, petitioned the Supreme Court saying that the Tamil Nadu government and the Nilgiris district administration were not protecting the forests in the district, thereby leading to environmental distress. The First Bench led by Justice J.S. Verma, who was then the chief justice, took the petition on board and started a detailed legal process that continued for years and took a relook at the national and state-level forest policies.

Environmental protection is enshrined in the Constitution

To contextualise where environmental governance fits in within the Constitution, Divan and Rosencranz quote a judgement by the current Supreme Court Chief Justice D.Y. Chandrachud (Bengaluru Development Authority vs. Sudhakar Hegde – 2020). “Environmental governance is founded on the rule of law and emerges from the values of our Constitution. Where the health of the environment is key to preserving the right to life as a constitutionally recognised value under Article 21 of the Constitution, proper structures for environmental decision-making find expression in the guarantee against arbitrary action and the affirmative duty of fair treatment under Art. 14 of the Constitution. Sustainable development is premised not merely on the redressal of the failure of democratic institutions in the protection of the environment, but ensuring that such failures do not take place.”

While Art. 21 of the Constitution ensures the protection of life and personal liberty, Art. 14 ensures equality before the law for all citizens, irrespective of religion, race, caste, sex or place of birth.

In the mid-1990s, when I interviewed Supreme Court lawyer M.C. Mehta , he said that most of his cases were premised on the “right to life” under Art. 21. Access to good air, good water and copious vegetation is the basis of the right to life. If in doubt, just ask those living in the vicinity of the smouldering Brahmapuram garbage dump near Kochi.

Thus, if the citizens have the right to life accorded under the Constitution, all power under the book are exercised in trust for the citizenry. Thus all public functionaries in the executive, legislature and judiciary do not have an unadulterated right of use over natural resources but have to conserve and manage them under public trust.

The government articulates its position on managing this public trust through policies, which are then operationalised through legislation and rules. The judiciary on the other hand, through case law, ensures that these policies, laws and rules are in keeping with the spirit of the Constitution, and are operationalised without errors.

The overarching spirit for all national governmental action should be from the National Environment Policy of 2006. As regards legislation, there are Acts to protect wildlife, biodiversity, forest rights and the environment, as well as those to prevent water and air pollution. To further strengthen responsive decision-making, the Environment Protection Act of 1986 empowers the Ministry of Environment, Forest and Climate Change to issue notifications and rules.

Divan and Rosencranz have compiled a series of Supreme Court judgments to list the principles that the judges have used to develop ‘fundamental norms’. In addition to the right to life under Art. 21; these include the polluter pays and the precautionary principles; the doctrine of sustainable development; the principle of inter-generational equity; and the public right to ecosystem services that nature provides.

It’s all about the balance

If so much is listed out in the statutes and if jurisprudence has already covered good ground, then why are environmental issues still coming back to the courts?

The authors quote a lecture by former environment minister Jairam Ramesh from 2010. “Let us all accept the reality that there is undoubtedly a trade-off between growth and environment. In arriving at decisions to untangle the trade-off, three options present themselves – ‘yes’, ‘yes but’ and ‘no’. The real problem is that the growth constituency is used to ‘yes’ and can live with ‘yes but’. It cries foul with ‘no’. The environment constituency exults with a ‘no’, grudgingly accepts the ‘yes but’ and cries foul with a ‘yes’. Therefore, one clear lesson in this – maximize the ‘yes but’, where this is possible.”

So the courts are the arbiter of the “yes”, “no” and “yes but”. This process boils down to the question of whether the courts have the technical capability to adjudicate on the technical side of the argument or not. To get help on this, courts have traditionally depended on expert committees and amicus curiae. As a tribunal, the NGT has expert members on its bench, which can then take a decision.

However, fatigue is setting in with the courts, state Divan and Rosencranz. “Judicial fatigue may have replaced the reformist zeal which once characterised the higher judiciary’s approach in many sprawling public interest litigations that dominated the environmental docket. The courts continue to expound lofty principles but seldom apply them with a rigour that would tangibly benefit the affected communities.

“The final shape of judicial directions is frequently akin to a hedge-trimming exercise, snipping off a few stray vines here and there, whilst preserving intact the project clearance. The unwritten premise of judicial balancing dressed up as ‘sustainable development’ is that economic growth must continue unimpeded.”

The authors are only partially correct when they talk of “fatigue” slowing down the judicial activism of the 1990s. Judges, lawyers and litigants do not act independently of the dominant political and economic scenario of the period. The economic reforms of 1991 resulted in the empowerment of the consuming urban middle classes who then asked for environmental wrongs to be corrected. The judges delivered orders favouring the litigants.

What is important is the balance of power between the executive and judiciary then and now. In the mid-1990s, during the period of judicial activism, it was a relatively weak executive in power – starting with the Narasimha Rao-led government, and then ones led by Deve Gowda, I.K. Gujral and Atal Bihari Vajpayee. It was the post-Rajiv Gandhi era of coalition politics. Now, with a “muscular” government in power, the judiciary is less enthusiastic about activism.

So, judgements like the landmark one on the Vellore tannery case of 1996 – which came from the combination of Justice Kuldip Singh and lawyer M.C. Mehta – may not happen now. For young reporters of today, the choice of combining the environment beat with that of the most polluting industry may not be a natural choice as it was 30 years ago.

The pendulum swings between the executive and the judiciary at any period of time, and for an environment journalist like me, the latest edition of the Environmental Law and Policy in India will continue to serve as a reference book on green cases.

Read more: [Book review] Birds of the mountains feature in a new book on birds on postage stamps

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Evolution of Environmental Policy and Law in India

11 Pages Posted: 13 Oct 2014

Saumya Umashankar

Independent

Date Written: October 2, 2014

The paper examines the evolution of environmental policy and law in India and the dominant influences that defined the course of policy. It identifies four distinct phases – the colonial and immediate post-colonial phase, the second phase commencing from the UN Conference on Human Environment in 1972, the Bhopal Gas leak disaster marking the milestone for the third phase and judicial activism extending over two decades as the fourth phase. In the initial colonial and post-colonial phase, environment policy was centered around State rights over forests and usage of forest produce. The dominant themes were revenue accretion and usage of forest products to fulfill development needs specifically in the spread of the railways and communication network. The post-colonial phase immediately after Independence in 1947 did not see a significant shift from the colonial period. The UN Conference on Human Environment in 1972 marked a significant milestone that changed the course of environment policy forever. The presence and participation of the Prime Minister of India in the Conference deliberations brought an immediate response in Government’s focus towards conservation actions. The period from 1972 to 1980 saw a large number of legislations being enacted. The Bhopal Gas Leak Disaster was a defining movement in India’s environmental history. The inadequacy of the governance structure in prevention of the disaster, the inability of legal and administrative processes to deliver adequate compensation to the affected people and stirring of public consciousness about the threats posed by environmental negligence came together to reshape environmental policy. A chemical leak incident in the national capital shortly after the Bhopal disaster and the death of a practicing advocate in the incident became the trigger for judicial involvement in environmental matters. The source of policy developments in environment decisively shifted from an elected political executive to an unelected judiciary. International debates on climate change in recent years and commitments to abatement measures appeared only at the fringes of policy discussions. The paper narrates the progression of environment policy and law in India in each of these phases.

Keywords: Environmental Policy and Law, Forestry policy, Bhopal Gas Leak tragedy, Judicial Activism in environmental matters, Supreme Court of India

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Development of Environmental Laws in India

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Book description

Development of Environmental Laws in India highlights the dynamic nature of environmental law-making in India between the judiciary, the executive and the parliament. This has led to the creation of a wide range of environmental institutions and bodies with varied roles and responsibilities. The book contains a large volume of materials from the late 1990s, which show a marked shift in the nature of environmental governance in India. These materials offer an understanding of the contemporary debates in environment law in the context of India's economic liberalisation. The materials are thematically organized and presented in an accessible manner. The chapters contain definitions and specific clauses from the legal instruments and refer to court orders and judgements on these themes.

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Frontmatter pp i-iv

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Contents pp v-viii

List of tables pp ix-x, preface pp xi-xiv, acknowledgements pp xv-xvi, introduction: environmental laws and development in india pp 1-29, 1 - fundamentals of environmental law pp 30-58, 2 - institutions regulating india’s environment pp 59-87, 3 - forest reservation and conservation pp 88-120, 4 - pollution control and prevention pp 121-157, 5 - environmental protection pp 158-199, 6 - wildlife and biodiversity conservation pp 200-234, 7 - ground and surface water extraction pp 235-265, 8 - land acquisition pp 266-298, 9 - climate litigation and policy frameworks pp 299-318, 10 - contemporary environmental law reforms pp 319-334, index of laws, legal cases and government and parliamentary committee reports pp 335-348, general index pp 349-367, altmetric attention score, full text views.

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Environment legislation in India

This article is written by Mrinal Mukul , a student at O.P Jindal Global University, Haryana. This article talks about the actions taken by the government to protect and conserve the environment.

It has been published by Rachit Garg.

Table of Contents

Introduction 

Environmental law is an integral part of any government agency. It includes a series of laws and regulations related to water quality, air quality, and other environmental aspects. The success of environmental legislation mainly depends on how they are implemented. Legislation is also a valuable tool to educate people about their responsibility to maintain a healthy environment. Environmental law in India is based on principles of environmental law and focuses on the management of certain natural resources such as minerals, forests, and fisheries. Environmental law in India directly reflects the provisions of the Constitution. The need to protect and maintain the environment and make sustainable use of natural resources is reflected in India’s constitutional framework and India’s international obligations. 

However, after so many initiatives in the field of environmental law to set up sustainability, India’s growing economy still lacks to deal with environmental issues. Moreover, Indian regulators are trying to revise its existing environmental rules and acts, which may result in more stringent company requirements. But, these initiatives will not work if we as a society don’t focus on them. People’s awareness plays a significant role in such policy development, which is why we need to come together to work on these major issues. Government and non-government organisations need to work together to solve environmental issues, and there should be a stricter policy regarding environmental legislation.

What is environmental legislation  

Environmental legislation is a collection of laws and regulations related to water quality, air quality, endangered wildlife, and several other environmental factors. Environmental legislation covers many laws and regulations, but they all work towards a common goal of regulating human-nature interactions to reduce threats to the environment and improve public health. As we can imagine, environmental legislation is broad, mainly because the natural environment encompasses several aspects. All this means that environmental law must take into account everything from the air we breathe, to the natural resources we depend on, to the flora and fauna that share this world with us. 

After so much interconnection with each other, it becomes important for us to understand environmental legislation because we all share the same resources.

Climate change in India  

If we take the example of India, then it is one of the countries most affected by climate change. About half of India’s population depends on agriculture or other climate-sensitive sectors. About 12% of India is prone to floods and 16% to droughts. India is now the world’s third-largest emitter of greenhouse gases after China and the United States. From 1990 to 2009, India’s annual emissions nearly tripled, from less than 600 tons to more than 1,700 tons. From 2008 to 2035, India’s annual carbon emissions are expected to increase nearly 2.5 times. Net greenhouse gas emissions from India’s land use, change, and forestry in 2007 was 1,727.71 million tons of carbon dioxide. While the energy sector accounts for 8% of net CO2 emissions, the industrial sector, agriculture, and waste sectors account for 22%, 17%, and 3% of net CO2 emissions, respectively. As a result, climate change and energy are now the focus of local, state, and national concerns around the world. While India has previously emphasised that it is a developing country with historically low per capita emissions rates and is not responsible for past greenhouse gas emissions, India has now become a key player in international negotiations. It has begun implementing a diverse set of laws, improving energy efficiency, developing clean energy and preparing for the impacts of climate change nationally and individually. 

On the other hand, India is considered to be a land of spirituality and philosophy and is also the land of rivers as it has 14 major rivers, 44 medium rivers, and 55 minor rivers . From the Ganges in the north to Kaveri in the south, the waterways are considered sacred by most devout Hindu pilgrims, as religious texts say the Ganges can purify the sins of the bathers. It is said that the sight of Narmada is enough to purify the waters. However, India’s rivers are increasingly becoming dumping grounds for domestic, industrial, and agricultural waste. A polluted environment threatens human existence on earth, thereby endangering human beings. A country’s borders cannot limit these environmental issues to a specific country or region, but their impact is global. This massive environmental degradation has drawn global attention to protecting and preserving the earth’s environment.

Therefore, efforts are being made to inculcate environmental awareness among the masses. Education makes people more aware of the environment and environmental issues. Existing policies, laws, precedents, regulations, norms, decisions, etc., already constitute a large and complicated apparatus of documents and powers conferred on specific institutions or persons. However, the current laws also seem unable to solve the problem and that more may be needed, the question inevitably arises as to how much resources, wealth, energy, and intelligence India should devote to this regulation and control task. 

Need for environment legislation

The genesis of various national legislations lies in environmental issues. There should be effective legislation to protect the environment; otherwise, the growing population will create havoc and will destroy the environment. Another important aspect is the enforcement of these laws. We must vigorously and effectively enforce the law to protect our environment from further degradation and pollution. Pollution is an important factor, ignoring political territory and legislative jurisdiction. Therefore, environmental problems are global in nature. To prevent such problems, it is not only necessary to enact environmental laws at the national level but also the international level.

While modern society is increasingly concerned about global environmental issues, developing countries also have their complex, severe, and rapidly growing pollution problems. The potent combination of industrialization development and mass consumption trends is exacerbated by foreign companies operating with little regard for the impact on the local environment. Pollution is not just a health issue; it is a broader social issue, as pollution has the potential to destroy families and communities. Pollution issues are also closely related to the mode of development in developing countries. Nonetheless, many developing countries either do not have pollution control policies or do not have sufficient enforcement structures to ensure that policies are effective.

The combination of rapid industrial development (especially petrochemical and heavy industry), strong economic growth, and unprecedented urban expansion have substantially increased pollutant emissions.

Purpose of environment legislation

The importance of environmental legislation is that environmental protection cannot be achieved without appropriate regulations and laws. Raising environmental awareness and promoting environmental education are the means by which people do not destroy the environment but protect it for the future. However, it is the legislation that ensures that environmental protection is actually implemented in everyday life. Legislation requires businesses, companies, the public, industries, etc., to protect the environment and prevent environmental degradation. It provides severe penalties for those who do not abide by the laws and rules. Ultimately, this type of enforcement ensures that ideas and plans are turned into practical efforts to protect the environment. At the international level, several environmental treaties and conventions attempt to address environmental issues. With the Stockholm Conference on the Human Environment (1972), the United Nations began to emphasize environmental aspects. Since then, several nations have adopted seventy international treaties, declarations, charters, agreements, and so on. These efforts were made to safeguard the environment and balance human development with environmental conservation.

Laws related to environment in India 

At the national level, some remarkable efforts have been made to improve and protect the environment by incorporating Amendments into the Indian Constitution . Our Constitution initially did not directly provide for the protection of the natural environment. However, following the United Nations Conference on the Human Environment in Stockholm in 1972, the Indian Constitution was amended to include environmental protection as a constitutional mandate. The 42nd Amendment clause (g) of Article 51A of the Constitution of India states that protecting and improving the natural environment is a fundamental duty. Every citizen of India has a duty to protect and improve the natural environment, including lakes, forests, wildlife, and rivers, and to be sympathetic to living things. A policy or directive is empowering the state as one of the Directive Principles of State Policy sets out to protect and improve the environment. 

Article 48A stipulates: The state strives to protect and improve the environment and secure the country’s forests and wild animals. The Ministry of Environment was established in India in 1980 to ensure a healthy environment in the country. Later, this became the Ministry of Environment and Forests in 1985. The Ministry has overall responsibility for the management and enforcement of environmental legislation and policies. Constitutional provisions are backed by a series of laws – Acts and Rules. Most of our environmental laws are Acts of Parliament or State Legislatures. These Acts generally give regulators the power to make regulations to enforce them. The Environmental Protection Act (EPA) of 1986 came into effect shortly after the Bhopal Gas tragedy and is considered protective legislation because it filled many gaps in existing legislation.

Since then, a significant number of environmental law has been enacted to deal with specific environmental issues. In Delhi, for example, CNG was recently mandated for public transport vehicles. This reduces air pollution in Delhi.

Environment laws in India

There are so many environmental laws in force in India, and some are as follows: –

The Public Liability Insurance Act and Rules 1991 and Amendment, 1992 

The Public Liability Insurance Act and Rules, 1991 and Amendment, 1992 were introduced to provide public liability insurance to persons in accidents impacted unintentionally while taking care of any perilous substance.

The National Environmental Tribunal Act, 1995, Amendment, 2010 

The Act seeks to provide compensation for damages to persons, property damage, and environmental damages caused by activities involving hazardous substances. The three main goals are:

• Efficiently and expeditiously handle cases related to environmental protection and protection of forests and other natural resources. All previously pending cases are also being heard by the Tribunal.
• It aims to enforce all legal rights related to the environment. 
• It also accounts for providing compensation and relief to the people who are affected by the damage.

The salient features of the Amendment are as follows:

• The Amendment provides every citizen of India the same opportunity to apply to the National Green Court. 
• Ensure that the principles of sustainable development, the precautionary principle, the polluter pays principle, and intergenerational equity are taken into account by courts in hearing appeals and delivering judgments.

The National Environment Appellate Authority Act, 1997

The National Environmental Appellate Authority Act , 1997 was created to hear appeals related to restrictions of areas in which classes of industry, etc., are prescribed certain safeguards under the Environmental Protection Act. 

The Biomedical Waste (Management and Handling) Rules, 1998 

Biomedical waste refers to any waste, including the categories listed in the Rules, generated during the diagnosis, treatment, or immunisation of humans or animals, related research activities, or the production or testing of biological waste. The Biomedical Waste (Management and Handling) Rules, 1998 simplify the process of handling hospital waste, such as a disposal, collection, and sorting.

The Environment (Siting for Industrial Projects) Rules, 1999

The Environment (Siting for Industrial Projects) Rules, 1999 set out detailed provisions on the areas to be avoided for the establishment of industrial plants, the precautions to be taken in site selection, and the environmental protection aspects to be considered while implementing industrial development projects.

The Municipal Solid Wastes (Management and Handling) Rules, 2000

These Rules apply to each municipal authority. They must ensure that solid waste generated by the city/municipality is handled in accordance with rules and regulations for collection, separation, storage, transportation, processing, and disposal.

The Batteries (Management and Handling) Rules, 2001

The Central Government considers battery waste management more important than battery production, so the Ministry of Environment and Forests (MoEF) has notified the final rule regulating the collection and recycling of all used lead-acid batteries in India, called The Batteries (Management and Handling) Rules, 2001 , on 16 May 2001. The Act applies to battery management under the Environment (Protection) Act 1986 and extends throughout India. As the issue of battery waste disposal has become a global issue, it is only the right step for India to prevent it from damaging our air, water, or soil.

The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

These rules stipulate the necessary conditions to reduce noise pollution and allow the use of loudspeakers or public address systems during cultural or religious celebrations at night (between 10:00 p.m. and midnight).

Here are the key features of the Amendment:

• Loudspeakers, sound systems, or amplifiers should not be used at night except in enclosed spaces such as auditoriums, meeting rooms, community halls, banquet halls, etc., or during public emergencies.
• Noise levels at public spaces where loudspeakers or public address systems are being used should not exceed 10 dB or 75 dB of the area’s ambient noise standard, whichever is less.
• No horn should be used in the residential area except during an emergency.
• Sound emitting construction equipment will not be used at night. 

The Air (prevention and control of pollution) Act, 1981 

The Act aims to control and prevent air pollution in India, and some of its main objectives are:

• Prevent, control, and reduce air pollution.
• To provide for the establishment of boards to enforce the law at the federal and state levels. Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB) were given the responsibility. 

It is stipulated that air pollution sources such as internal combustion engines, industries, vehicles, and power plants shall not contain particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxides, or volatile organic compounds (VOCs) or other toxic substances exceeding specified limits. It empowers state governments to designate air pollution areas.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) 

The Act recognizes and grants the forest rights and occupation in forest lands to Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) who have lived in such forests for generations. The Act is chaired by the Department of Tribal Affairs. The law also stipulates the responsibilities and powers for the sustainable use of FDST and OTFD, the protection of biodiversity, and the maintenance of ecological balance. It strengthens forest protection systems while ensuring livelihoods and food security for FDST and OTFD. It aims to correct the colonial injustice of the FDST and OTFD, which are critical to the survival and sustainability of forest ecosystems. The law identifies four types of rights:

• Title rights: It gives the FDST and OTFD the right to own land cultivated by tribes or forest dwellers up to a maximum area of ​​4 hectares. Ownership only applies to the land cultivated by the relevant family and does not grant new land.
• Right to use: Dweller rights extend to the extraction of smaller forest products, pastures, pasture paths, etc.
• Forest management rights: It includes the right to protect, regenerate, conserve or manage all community forest resources that traditionally protect them and preserve them for sustainable use.
• Relief and development rights: Rehabilitation in case of illegal eviction or relocation and essential amenities are subject to restrictions for forest protection. 

The Forest (Conservation) Act, 1980

Forests are an essential resource endowed by nature to human beings. Therefore, protecting the forest ecosystem is the responsibility of every citizen. But rapid deforestation disrupts the cycle of nature itself. Therefore, it is necessary to enact laws to protect forests. The main objective of the Act is to protect forests and their flora, fauna, and other diverse ecological components while preserving the integrity and territory of the forests. Furthermore, forest land is prevented from being converted for agricultural, grazing, or other commercial uses and intentions. 

The Wildlife Protection Act, 1972 

The Act protects the nation’s wildlife, bird and plant species to ensure environmental safety. Among other things, the law imposes restrictions on hunting many animal species. The law was last amended in 2006. An Amendment was submitted to the Rajya Sabha in 2013 and referred to the Standing Committee but was withdrawn in 2015. 

In India, the Wildlife (Protection) Act 1972 safeguards and protects wild animals. The law is a product of a time when environmental jurisprudence is rapidly developing in India and deserves due credit for judicial activism. The enactment of this law acknowledges that all previous laws, such as the Wild Birds and Animals Protection Act of 1912 were inadequate. The current law is comprehensive and covers mostly all the gaps that existed in the previous law.

However, there are still substantial gaps in the applicable law. There is a vacuum between theoretical laws and practical implementation. In addition, the aim of the law is diluted by bureaucratic interference.

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

The Water (Prevention and Control of Pollution) Act, 1974 was enacted to prevent and control water pollution and maintain or restore water health in the country. The law was amended in 1988. The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the levy of taxes on water used by persons engaged in certain types of industrial activities. Under the Act, it was levied to augment the resources of the Central and State Commissions to prevent and control water pollution. The law was last amended in 2003.

The purpose of enacting the Water Act is to prevent and control water pollution in India. Pollution means the contamination of water, or the alteration of the physical, chemical, or biological properties of water, or the discharge of sewage or commercial sewage or other liquids, gases, and solids (whether directly or indirectly) into the water, or as apposite to cause a nuisance or harmful to public health or safety or domestic, commercial, industrial, agricultural or other lawful uses or the life and health of an animal or plant or aquatic tissue.

Water pollution is a big problem in India, and its control and prevention are other big problems. So far, we have not been able to raise awareness of the importance of water conservation. The law, of course, provides for various authorities that will work to prevent this; the law provides various complaints procedures and the powers of various agencies. However, more work needs to be done to make the law more comprehensive, involve more local people, and make it a strong deterrent with heavier penalties. Most importantly, more emphasis should be placed on the enforcement aspect, as pollution can not only be controlled through legislation but also must be adequately enforced.

The Ozone-Depleting Substances (Regulation And Control) Rules, 2000 

The Ozone-Depleting Substances (Regulation And Control) Rules, 2000 sets deadlines for phasing out various ozone-depleting substances (ODS) and regulating the production, commercial import, and export of products containing ODS. These regulations prohibit the use of ODS and Chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and methyl chloroform, except for metered-dose inhalers and other medical uses.

Coastal Regulation Zone Notification, 2018           

It was notified on the recommendation of the Shailesh Nayak Committee . This regulation promotes sustainable development and also focuses on natural disasters such as sea-level rise due to global warming and promotes sustainable development. It also protects and preserves biodiversity while ensuring the livelihoods of local communities, including fishermen. 

Coastal Regulation Zone (CRZ) is divided into four regulatory zones: 

• CRZ I – Ecologically sensitive areas such as mangroves, salt marshes, coral reefs, turtle nesting sites, and inter-tidal zones.
• CRZ II- Areas close to the shoreline and which have evolved. 
• CRZ III- Coastal which are not substantially built up, comprising rural coastal areas. 
• CRZ IV- Water area via Low Tide Line to the limit of provincial waters of India.

The Energy Conservation Act, 2001

The Energy Conservation Act, 2001 was ratified as a step toward revamping energy efficiency and reducing waste. It deals with energy consumption standards for equipment and appliances. Furthermore, it deals explicitly with the matter of energy consumption norms and other necessary standards for consumers. The growing population of India and the consequent increase in energy consumption have led to the depletion of natural resources, which once disappeared cannot be reborn in the same state. To challenge this reality, the Indian Government in 2001 considered enacting the Energy Conservation Act to regulate energy consumption and conservation in India. The law authorizes the Central Government to issue energy-saving certificates to consumers whose energy consumption is lower than the prescribed norms and standards. Consumers whose energy consumption exceeds the prescribed norms and standards shall be entitled to purchase the energy savings certificate to meet the prescribed norms and standards. The Act requires large energy consumers to comply with energy consumption standards, new buildings to comply with Energy Conservation Building Code, and equipment to meet energy performance standards and display energy consumption labels.

It suggests energy conservation building codes for commercial buildings. The Bureau of Energy Efficiency (BEE) is a statutory body set up under the Act.

The Government of India established the Bureau of Energy Efficiency on 1st March 2002, in accordance with the provisions of the 2001 Energy Conservation Law. The mandate of the Office of Energy Efficiency is to assist in the development of policies and strategies, focusing on self-regulation and market principles within the general framework of the Energy Conservation Act, 2001, with the primary objective of reducing the energy intensity of the Indian economy.

The mission of BEE is to develop policies and strategies emphasising self-regulation and market principles within the general framework of the Energy Conservation Act, 2001, with the primary purpose of promoting energy-saving measures, thereby reducing the unit energy intensity (i.e., energy consumption) of products in the Indian economy/ services, practices and procedures).

The Biological Diversity Act, 2002

The Biological Diversity Act, 2002 was enacted to give effect to the Convention on Biological Diversity (CBD), to check biopiracy and protect biological diversity and local growers with the help of a three-tier structure made by central and state boards and local committees, and to set up State Biodiversity Boards (SBBS), Biodiversity Management Committees (BMCS), and National Biodiversity Authority (NBA).

The Act is generally designed to protect biodiversity, to protect and control the appropriate use of its components, and to ensure equitable distribution of the benefits of such use. The stated goals of the law are to protect traditional knowledge, prevent biopiracy, prohibit people from applying for patents without government permission, and more. Chapter IX of this Act describes various aspects of biodiversity conservation objectives, in particular Sections 36 , 37 and 38 which relate to the development of national plans and programmes for the conservation of biodiversity, state notification and conservation of biological diversity areas, and with the authority of the central government to notify species that are dangerously endangered, on the verge of extinction, endangered species, prohibit collection, etc. While the sustainable use of its components suggests regulation of the use of natural resources rather than consumption. 

Article 21 of the Act provides for benefit sharing. It aims to ensure that the benefits derived from the available biological resources, their by-products, knowledge and related practices are equitably shared between the person applying for acquiring such benefits and the local bodies involved.

The National Green Tribunal Act, 2010

The National Green Tribunal Act, 2010 was established to provide judicial and administrative remedies for victims of pollution and other environmental damage. The National Green Tribunal (NGT) was established in 2010, which is a specialised judicial body with expertise dedicated to adjudicating environmental cases in the country. Given that most environmental cases involve multidisciplinary issues and are best dealt with in dedicated forums, the Tribunal was established on the advice of the Supreme Court, Law Commission and India’s international law obligations to formulate and effectively implement national environmental laws. The task of the Tribunal is to find effective and prompt remedies in cases relating to environmental protection, the protection of forests and other natural resources, and the enforcement of all environmental legal claims. The Tribunal’s order is binding and has the power to provide relief to those affected in the form of compensation and damages.

It also agrees with Article 21 of the Constitution, which is the right of citizens to a healthy environment. The National Green Tribunal must resolve cases brought to it within six months of its appointment. NGT is primarily responsible for matters related to major environmental issues.

But advantageously, because of the National Green Tribunals, which encourages lawyers to specialize in environmental law, the Tribunal is seen as an important aspect of achieving justice in environmental matters. A time will come when our environment will receive the greatest attention from the laws pertaining to it.

The Wildlife (Protection) Act, 1972

The Act provides for the protection of wild animals, plants, and birds. It straddles the whole of India. It has six schedules that give different levels of protection: 

Schedule I and part II provide absolute protection, and offences under these will be subject to the highest penalties. Species listed in Schedule III and IV are also protected but with much lower penalties. 

Animals that come under Schedule V, such as common crows, fruit bats, mice, and rats, are legally considered pests and can be hunted freely. 

The endemic plants listed in Schedule VI shall not be cultivated.

The Wildlife (Protection) Amendment Bill, 2021 

The Wild Life (Protection) Amendment Bill, 2021 was introduced in Lok Sabha by the Ministry of Environment, Forest and Climate Change . The Bill aims to increase the number of species protected under the law and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora ( CITES ). 

Some of the key areas the Bill focuses on:-

• Standing Committees of State Boards of Wildlife: This Bill proposes the creation of a Standing Committees of State Boards of Wildlife. These Committees will operate like the National Board for Wildlife (NBWL). It can make decisions about wildlife management and project licensing without having to refer most projects to NBWL.
• Rationalisation of Schedules for Wildlife: The Bill simplifies Schedules for Wildlife under the Act, bringing it down from 6 to 4 major Schedules.
• Wildlife Management Plans: The Bill states that the Wildlife Management Plans, which are prepared for national parks across the country, are now part of the Wildlife Act. The Chief Wildlife Warden must also approve them of the state. This ensures stricter protection of these protected areas. Previously, the plans were approved by executive order.

Landmark cases on environment legislation in India

J.c. galstaun v. dunia lal seal (1905).

This is the first environmental pollution incident reported in India . In this case, the plaintiff sued the defendant’s adjacent factory for discharging waste liquid from its manufacturing process into a municipal drain that passed through the plaintiff’s garden. He claimed that the liquid had an unpleasant smell and was harmful to the health of nearby residents, especially his own, and secondly, it damaged his health, comfort, and the market value of his garden property. The defendant admitted to foul-smelling his liquid waste but denied that it was harmful or would damage the plaintiff’s property. He said his factory was licensed by the government and produced legally. The judgment was later appealed to the Calcutta High Court.

The High Court rejected the above argument and came to the conclusion that the defendant is accountable for such harm and had no such right to discharge any kind of liquid into the municipal drain. Due to such actions, the damage has actually been caused to the plaintiff. Therefore, he is entitled to substantial damages. 

Rural Litigation And Entitlement Kendra, Dehradun v. State of U.P. & Ors. (1985)

In this case , the plaintiff NGO wrote a letter to the SC stating that illegal limestone mining in the Mussoorie-Dehradun area is destroying the region’s fragile ecosystem. The Court treated the letter as a writ petition and heard the parties.

The Court issued a detailed Order giving various directions, noting that the reasons for the order would be set out in subsequent judgments. The Court stressed that industrial development is a necessary condition for the country’s economic growth. However, when people try to achieve industrial growth through random and reckless mine operations, resulting in loss of property, loss of life, loss of basic infrastructure such as water supply, and the creation of ecological imbalances, there may ultimately be no real economic growth and no real prosperity. It was important to find an appropriate balance. When giving leases, authorities must consider all these facts and provide adequate safeguards.

M.C. Mehta & Another vs. Union of India & Others & Shriram Foods & Fertilizer Industries & Another v. Union of India & Others (1987)

M.C. Mehta filed a writ petition under Articles 21 and 32 of the Constitution. He demanded the closure of Shriram Food and Fertilizer as it manufactures hazardous substances and is located in the densely populated area of ​​Kirti Nagar. While the petition was pending, there was a leakage of oleum gas from one of its units, which killed many people, thus, affecting the health of several others. The incident occurred a few months before the Environment (Protection) Act came into force and became the driving force behind such an effective law. 

In the Judgment, Chief Justice Bhagwati mentioned that all these chemical industries are dangerous, but they cannot be removed from the country because they improve the quality of life. As dangerous as these industries are, they need to be set up as they provide many supplies, as in this case the factories supply chlorine gas to the Delhi Water Company to maintain clean drinking water. These industries are important for the country’s economic growth. The case is a landmark verdict as it is the first time in Indian history that a company is liable for damages. The Supreme Court defended the environment and public rights in this case because it considered ll legal and social and economic factors.

M.C. Mehta v. Union of India (1997)

The Taj Mahal case , commonly known as the Taj Trapezium case, was fought by M.C. Mehta and the Union of India. In 1984, Mehta visited the Taj Mahal and noticed that the white marble of the Taj Mahal was turning yellow. To find out, he filed a petition in the Supreme Court. The petitioner stated that pollution is the main cause of the Taj Mahal’s white marble turning yellow. Emissions of harmful gases such as sulfur dioxide and oxygen become acid rain. The rain damaged the monument and turned the marble yellow. Therefore, the petitioner requested the protection of the monument. The Supreme Court found that, in addition to chemicals, socioeconomic factors also affected the mining of the Taj Mahal. People living in trapeze zones are at risk of air pollution. Court ordered that 292 industries operate on safer fuels like propane instead of coke/coal; otherwise, they would have to relocate.

The Gas Authority of India Limited was in charge of applications of gas. The Court also granted certain fundamental rights to industry workers and demanded payment of their wages during relocation. 

M.C. Mehta v. Union of India (1988)

In the case of M.C. Mehta v. Union of India (1988), a writ petition had been filed in the Supreme Court to prevent leather tanneries from dumping household and industrial waste in the river Ganga. He asked the court to stop sewage discharge into the river until a certain treatment plan has been incorporated to curb water pollution.

The Court held that polluted water can cause various water-borne diseases and is extremely harmful to the public. As for whose responsibility, the Court ruled that it was the industry’s responsibility to ensure the waste was properly handled and subsequently released. Mahapalika was also held accountable for failing to perform its duties and for failing to act to prevent water pollution, according to the Court. It ordered Mahapalika to take immediate action in this regard.

The Court also ordered the federal government to make publications freely available to the general public to raise awareness of environmental issues. It went on to say that the decision will apply to all Mahaparikas who have jurisdiction over the Ganga. 

The decision is still considered one of the most important in our country’s environmental law. The decision involves some new scenarios and interpretations of legislation and fundamental rights.

Subhash Kumar v. State of Bihar (1991) 

In the case of Subhash Kumar v. State of Bihar (1991), petitioners had filed a public interest lawsuit against two steel companies, alleging that they dumped plant waste into the nearby Bokaro River, posing a health risk to the public. The petitioner also claimed that the State Environmental Protection Agency did not take appropriate measures to prevent such pollution. As part of their lawsuit, they asked the Court to bring legal action against the company under the Water (Pollution Prevention and Control) Act 1974 and sought permission to self-assess waste in the form of sludge and manure collected as interim relief. The State Pollution and Control Board claimed that it adequately monitored the quality of sewage entering the river; the defendant companies claimed they followed the Board’s instructions concerning the prevention of pollution.

The Court found that the Board had taken effective steps to prevent the waste discharge from the factories into the river and dismissed the lawsuit. In addition, it has been determined that the petition does not qualify as a public interest lawsuit because of the petitioner’s interest in obtaining larger quantities of waste in the form of slurry from one of the defendant companies from which he began to purchase slurry several years prior to the petition.

M.C. Mehta v. Kamal Nath & Ors. (1996)

In the case of M.C. Mehta v. Kamal Nath & Ors. (1996), the issue started when the Indian Express published an article reporting that a private company- Span Motels Private Ltd., had launched a project called Span Club. The article caught the attention of the Supreme Court. The company owner had direct contact with the family of former Minister of Environment and Forests, Kamal Nath. By the time Kamal Nath was a minister in 1994, Span Motels had occupied 27.12 acres of land, including forest land. The motel used bulldozers to change the course of the river Beas and divert the river’s flow. The river was diverted to protect the motel from future flooding. The question raised was whether the construction activities carried out by the motel company were reasonable. 

However, the Supreme Court ruled that the state’s forest lands leased to the motel were on the banks of river Beas. The area is ecologically fragile and should not be turned into private property. This case applies the principle of public trust, which stipulates that the public cannot use rivers, coasts, forests, air, and other properties. The motel was ordered to pay damages and erect a wall no more than 4 metres apart. The Court also banned the motel from discharging untreated effluent into the river and asked the HP Pollution Commission to keep a check on it.

Samir Mehta v. Union of India (2017) 

In the case of Samir Mehta v. Union of India (2017) , an environmentalist filed a claim for damages from the sinking of a ship named M.V. Rak, carrying large quantities of coal, fuel oil, and diesel. When the ship sank on Mumbai’s southern coast, a thick layer of oil formed on the sea surface, causing major damage to mangroves and marine ecosystems. 

The Court ruled that the sinking of the ship was due to the negligence of the defendants and ordered defendants number 5, 7, and 11 to pay Rs 100 crores to the Ministry of Shipping, Government of India (GOI), which is till now one of the largest sums paid by a private entity for environmental damage caused. 

It remains the largest compensation payment to the government by a private entity.

A global perspective on environment laws

United nations conference on the human environment, stockholm, 1972 .

The United Nations Conference on the Environment, held in Stockholm in 1972 , was the first world conference to focus on environmental issues. Participants adopted many principles for sound environmental management, including the Stockholm Declaration and the Action Plan for the Human Environment, as well as various resolutions. The Stockholm Declaration, containing 26 principles, brought environmental issues to the forefront of international attention, marking the beginning of a dialogue between developed and developing countries about the links between economic growth, air, water, and ocean pollution, and the well-being of people across the world.

World Conservation Strategy: Living Resource Conservation for Sustainable Development, 1980

The World Conservation Strategy, 1980 was the first international document on the conservation of biological resources developed with the participation of governments, NGOs, and other experts. The Report argues that for the development of sustainability, it should support rather than hinder conservation. Its underlying principles are the conservation of ecological processes and life support systems, the conservation of genetic diversity, and the sustainable use of species and ecosystems, and are aimed at political decision-makers, conservationists, and development practitioners. It highlights priority conservation issues and ways to address them to achieve this strategic objective.

Brundtland Report, Our Common Future, 1987

The Brundtland Report stated that serious global environmental problems are mainly caused by extreme poverty in the South and unsustainable consumption and production patterns in the North. It called for a strategy that integrates development and the environment. The main focus of the report is on sustainable development. It defines sustainable development as meeting the present’s needs without compromising future generations’ ability to meet their own needs. In 1989, the report was debated at the United Nations General Assembly, which decided to organize a United Nations Conference on Environment and Development.

United Nations Conference on Environment and Development (UNCED), The Earth Summit, Rio de Janeiro, 1992

The Rio de Janeiro conference emphasizes how different social, economic, and environmental factors are interdependent and co-evolving and how success in one sector requires actions in other sectors to be sustained over the period. The main goal of the Rio Earth Summit is to develop a broad agenda and a new blueprint for international action on environment and development issues that would help cicerone international cooperation and development policy in the 21st century.

Earth Summit +5, United Nations General Assembly, New York, 1997

The Commission Sustainable Development (CSD) was established to monitor and report on the implementation of the Earth Summit Agreement and agreed to a five-year review of Earth Summit progress at the 1997 UN special session. This special session of the UN General Assembly assessed the responses of countries, international organizations, and sectors of civil society to the Earth Summit challenge.

World Summit on Sustainable Development, Johannesburg, 2002

The World Summit on Sustainable Development , held in Johannesburg in 2002, adopted a Political Declaration and Implementation Plan that contained provisions for various activities and measures to achieve development that respects the environment. The Summit was attended by more than 100 heads of state and government, as well as tens of thousands of government representatives and NGOs. After several days of deliberation, decisions were made on issues such as water, energy, sanitation, agriculture, and biodiversity. 

Conclusion 

In India, the disquiet for environmental protection has not only risen to become the country’s fundamental law but is also linked to the human rights policy, and it is now widely believed that the basic human right of everyone is to live in a pollution-free environment. A friendly environment is full of human dignity. It is time for the public, the public institutions, states, and Central Government to recognize the damage our development process is doing to the environment. Strict enforcement is also required. Laws are a powerful medium for enforcing citizens to observe cleanliness and thus fight pollution. Environmental protection laws in India need to be repositioned in a modern context.

However, it is important to understand that such enactment is not enough until a positive attitude on the part of everyone in society will be seen.

Frequently Asked Questions (FAQs) 

Who is in charge of making environmental laws in india.

The Ministry of Environment and Forests (MoEF) was set up in 1985 and is now the highest administrative body to oversee and safeguard environmental protection and establish a legal and regulatory framework for this purpose. Several environmental laws have been enacted since the 1970s.

Does India follow strict environmental laws? 

The laws in India are not very strict; however, water and air pollution is a major problem as harmful substances are dumped into water bodies, and harmful emissions are largely unabated in India. The laws governing these activities have not been updated since they were first enacted in the mid-1970s and 1980s. These laws provide for water/groundwater use permits/permits, compliance with wastewater and discharge standards, and prohibition of polluting water resources.

Why does it seem like environmental laws fail most of the time?

There are several factors such as poor coordination among government agencies, weak institutional capacity, lack of access to proper information, corruption, and stifled civic engagement are key factors contributing to inefficiency and poor enforcement of environmental regulations.

References 

• https://www.nios.ac.in/media/documents/333courseE/23.pdf  
• https://www.enhesa.com/resources/article/new-environmental-laws-in-india-the-next-chapter-of-change/  
• https://study.com/academy/lesson/what-is-environmental-legislation-laws-regulations-timeline.html  
• https://www.yourarticlelibrary.com/essay/importance-of-environmental-legislation/42508  
• https://www.clearias.com/environmental-laws-india/  
• https://www.sbsc.in/pdf/resources/1586097435_environmental_law.pdf  
• https://www.mondaq.com/india/waste-management/624836/environment-laws-in-india  
• https://www.downtoearth.org.in/news/mining/this-un-report-shows-green-laws-remain-in-books-63039  
• https://www.un.org/en/conferences/environment/stockholm1972  
• https://legislative.gov.in/sites/default/files/A2001-52.pdf  
• https://www.jica.go.jp/jica-ri/IFIC_and_JBICI-Studies/english/publications/reports/study/topical/health/pdf/health_08.pdf  
• https://www.mondaq.com/india/clean-air-pollution/945304/climate-change–indian-law-and-judiciary  
• https://hspcb.gov.in/Water%20Act,%201974%20Relevant%20provisions.pdf  
• https://powermin.gov.in/en/statutory-bodies#:~:text=The%20Bureau%20of%20Energy%20Efficiency,of%20Energy%20Conservation%20Act%2C%202001 . 
• https://beeindia.gov.in/content/about-bee  
• https://blog.ipleaders.in/overview-biological-diversity-act-2002/  
• https://blog.ipleaders.in/overview-energy-conservation-act-2001/  
• https://www.greentribunal.gov.in/faqs  
• https://blog.ipleaders.in/ngt-act-2010/  
• https://prsindia.org/billtrack/the-wild-life-protection-amendment-bill-2021  
• https://www.ias4sure.com/wikiias/gs2/wildlife-protection-amendment-bill2021-upsc-gs2/  
• https://www.nqr.gov.in/sites/default/files/File_Para%20Legal%20practices.pdf  
• https://blog.ipleaders.in/batteries-waste-management-rules-2001/  
• https://vikaspedia.in/energy/policy-support/environment-1/forests/general-environmental-acts  

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Law Of Environment In India: Problems And Challenges In Its Enforcement

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Law of Environment in India: Problems and Challenges in its Enforcement

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Journal Title: Journal of Legal Studies & Research Author(s): Dr. Pawan Kumar Saini Published On: 28/02/2022 Volume: 8 Issue: 1 First Page: 324 Last Page: 335 ISSN: 2455-2437 Publisher: The Law Brigade Publisher

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Dr. Pawan Kumar Saini, Law of Environment in India: Problems and Challenges in its Enforcement , Volume 8 Issue 1, Journal of Legal Studies & Research , 324-335, Published on 28/02/2022, Available at https://jlsr.thelawbrigade.com/article/law-of-environment-in-india-problems-and-challenges-in-its-enforcement/

Nowadays, the protection, conservation and improvement of environment are main and major issues or problems in India and as well as all over the world. The term environment includes of both physical environment and biological or ecological environment. The physical environment includes issues relating to land, water and air and the other hand biological environment includes issues relating to plants, animals and other organisms. Both physical and biological environment are mutually dependent and connected each other. The major factor in India like Industrialization, urbanization, explosion of population, over-exploitation of natural resources, disruption of natural ecological balances, destruction of a multitude of animal and plant species for economic reasons, which have contributed to environmental worsening. Thus it is true that, one country’s deprivation of environment degrades the global environment for all the countries [i] in the world. The problem of environmental pollution has acquired international dimension and India is no exception to it.

In this present paper, an effort has been made to momentarily outline the various Indian legislations relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement of these legislations has also been critically examined and evaluated in systematically manner. Lastly, some suggestions also have been provided by the author.

[i] Shyam Divan and Martha L. Noble, ‘Environmental Law and Policy in India’ (1991), p.p. 25.

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Evolution of Environmental Law and Policies in India

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. The concept of environmental protection is an age old idea imbibed in the Indian cultural ethos since time immemorial. To understand the present-day legal system for environment protection and conservation of natural resources, it is important to look into the past Indian traditions and practices of protecting the environment. In the early years of Independence there was no precise environmental policy and not much attempts were made to frame any specific policy or law for the protection of environment. However, the concern for environmental protection was reflected in the national planning process and forest policy.

Environmentalism is not a fixed concept, but is always evolving influenced by its context. This also applies to Indian environmentalism, which has developed and changed throughout the years. There is a rapid evolution in the Indian legislations after independence as the need and concern regarding environment arose. From ancient environmental rules including Buddhism and Jainism to medieval and then from British era to afterwards including the post 1972 (Stockholm’s) and the coming of modern legislations on environmental laws in India, a great sense of concern has been shown by the legislature and even the Indian judiciary shown a great concern regarding the environment with its landmark judgements.

Policy and Laws in Ancient India (500 BC-1638 AD)

Environmental awareness can be said to have existed even in the prevedic Indian valley Civilization which flourished in northern India about 5,000 years ago. This is evident from the archaeological evidence gathered from Harappa and Mohenjo-Daro which were the prominent cities of the civilization. Their awareness about hygiene and sanitation as evident from their constructions of ventilated houses, orderly streets, numerous wells, bath rooms, public baths and covered underground drains. Protection and cleaning up of environment was the essence of Vedic (1500–500 BC) culture. Charak Samhita (medical Science book of 900 BC – 600 BC) give many instructions for the use of water for maintaining its purity. Under the Arthashastra (an ancient book  on statecraft, economic policy and military strategy), various punishments were prescribed for cutting trees, damaging forests, and for killing animals and environmental ethics of nature conservation were not only applicable to common man but the rulers and kings were also bound by them.

Policy and Laws in Medieval India (1638-1800 AD)

To Mughal rulers, forest meant no more than woodlands where they could hunt.  The history of medieval India is dominated by Muslim Rulers where no note worthy development of environmental jurisprudence took place except during the rule of Mughal Emperor Akbar. During Akbar’s rule except rulers others are prohibited from hunting or shikar. But no major initiatives took place during medieval period to prevent environmental protection and conservation of natural resources as the rulers were only interested in war, religion propagation and empire building. Barring “royal trees” which enjoyed patronage from being cut except upon a fee, there was no restriction on cutting of other trees, hunting animals, etc. Forests during this period shrank steadily in size.

Laws in British India (1800-1947 AD)

• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of seawater.

• Merchant Shipping Act of 1858 dealt with prevention of sea pollution by oil.

• The Fisheries Act, 1897 

• The Bengal Smoke Nuisance Act of 1905 

• Bombay Smoke Nuisance Act of 1912

• Wild Birds and Animals Protection Act, 1912  

Laws after Independence (1947)

• The India Constitution adopted in 1950 did not deal with the subject of environment or prevention and control of pollution as such.

 • It was the Stockholm Declaration of 1972 which turned the attention of the Indian Government to the boarder perspective of environmental protection.

• Comprehensive (special) environmental laws were enacted by the Central Government in India.

• National Council for Environmental Policy and Planning was set up in 1972 which was later evolved into Ministry of Environment and Forests (MoEF) in 1985.

• The Wildlife (Protection) Act, 1972, aimed at rational and modern wild life management.

• The Water (Prevention and Control of Pollution) Act, 1974, provides for the establishment of pollution control boards at Centre and States to act as watchdogs for prevention and control of pollution. 

• The Forest (Conservation) Act, 1980 aimed to check deforestation, diversion of forest land for non-forestry purposes, and to promote social forestry. 

• The Air (Prevention and Control of Pollution) Act,1981, aimed at checking air pollution via pollution control boards.

•The Environment (Protection) Act, 1986 is a legislation which provides for single focus in the country for protection of environment and aims at plugging the loopholes in existing legislation.

• The Public Liability Insurance Act, 1991, provides for mandatory insurance for the purpose of providing immediate relief to person affected by accidents occurring while handling any hazardous substance. 

• The Biological Diversity Act, 2002, is a major legislation intervention effected in the name of the communities supposed to be involved in the protection of biodiversity around them.

The National Environment Policy of 2006 

• Conservation of Critical Environmental Resources

• Intra-generational Equity: Livelihood Security for the Poor

• Inter-generational Equity

• Integration of Environmental Concerns in Economic and Social Development

• Efficiency in Environmental Resource Use

• Enhancement of Resources for Environmental Conservation

• Human Beings are at the Centre of Sustainable Development Concerns

• Environmental Protection is an Integral part of the Development Process

• The Precautionary Approach

• Economic Efficiency

• Environmental Standard Setting

 • Preventive Action

 • Environmental Offsetting

Hon’ble Supreme Court through its various judgements also held that the mandate of right to life includes right to clean environment, drinking-water and pollution-free atmosphere. These judgments includes the famous Taj Mahal Case, Dehradun Valley Case, Smoking in Public Places Case, Pollution in Delhi Case, Sri Ram Food and Fertilizer Case, Public Health  Case, Public Park Case and several landmark judgments on Sustainable development. In a nutshell the policies regarding environment has changed very rapidly through legislations as well as the judicial interpretations but still there is need of further growth and development in this regard.

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NEED AND IMPORTANCE OF ENVIRONMENTAL LAWS IN INDIA

We all need a healthy and clean environment to live in. It is not only a basic need but a necessity. Climate change, which wreaks havoc on human life, can easily be triggered if we won’t take good

INTRODUCTION

We all need a healthy and clean environment to live in. It is not only a basic need but a necessity. Climate change, which wreaks havoc on human life, can easily be triggered if we won’t take good care of our environment. And it is now visible and clear that if the implementation of laws on the protection of the environment does not take the right turn, it will be nearly impossible to leave healthy earth for the next generation. Preservation and restoration of the environment can not be achieved alone by a single person or organization. We need a global effort to decrease the level of pollution and restore this environment by making more careful use of resources. Because of this, most of the countries in this world have realized it and in return have formulated laws for the same and India is doing something the same as them. [1]

CONSTITUTION AND ENVIRONMENT

In the 42 nd Amendment Act, 1976, a new provision was added in Part IV-A which deals with “Fundamental Duties”. This article specifies fundamental duties with respect to the environment. It says that it is 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. Article 21 states the Right to life, which also includes the right to a proper clean environment which is free from infections and diseases. The right to life will become senseless if there is no healthy environment. [2]

CLIMATE CHANGE LAWS AND POLICY FRAMEWORK IN INDIA

India for climate change does not have any special or specific legislation. Although India has taken some worthwhile measures to combat climate change. India needs to decrease the effects of climate change as much as it can, since the population is large and, with that, India is aware of it’s global responsibilities towards climate change. India ranks 6 th in terms of energy and demand when compared to the whole world. And, in upcoming years, this rank will increase not only the demand for oil but also sea and air transportation, which in the end leads to energy consumption and degradation of the environment. With all of this, India needs a strong framework and laws on the protection of the environment. India has been very active in proposing projects like a Clean Development Mechanism (CDM). The Indian government has been trying to pass out initiatives and plans which decrease the emission of greenhouse gases, which are the very need of the hour.

NEED FOR ENVIRONMENTAL LAWS

• The present situation of the environmental laws and protection in India:

According to the India State Forest Report 2019, India has 21.67% of its land under forest cover, which is way less than the minimum 33% forest area required in a country to maintain ecological balance. [3] This report also stated that even though the forest cover has increased, there is still a heavy decrease in forest cover in the north- east India, which is the main area of biodiversity in India. The Central Pollution Control Board plays only a mere role and, with that, the Indian environmental laws have been said to have many loopholes and a very weak framework. Even though there are several laws for environmental protection in India, it still ranks 5 th on the list of most polluted countries. [4]

• Relation between deadly diseases and environmental degradation:

The exploitation of wildlife, deforestation, the environment and degradation of ecological habits always result in outbreaks of deadly diseases. The question is why and how did this outbreak occur? Well, the answer to this lies in anthropogenic pressure.  This occurs when humans are in continuous and regular contact with wildlife and hence allowing the virus to evolve, mutate and transit into humans, which results in the birth and outbreak of a new and deadlier virus and diseases. These effects are in front of all of us humans and it is high time that preventive measures are taken. That’s why we need stricter laws and the old laws should be amended to meet the needs of the present situation. Buffer zones for reforestation should be made so that the interaction of humans with wildlife ends. Eco-tourism does help the economy increase, but it also backfires and for prevention, stringent laws for the protection of the environment are needed. [5]

• Environment Court

Cases related to environmental pollution, ecological destruction and conflicts over natural resources are increasing, no doubt. And, with this, there is a need for more natural scientists who have expertise in this field. These cases require immense attention and a high level of expertise. Stringent laws are needed for these cases along with a good amount of scientific and technical sophistication. The experience shows that the standard of Criminal Courts under the arrangements of the Water Act, Air Act and the Environment (Protection) Act never arrive at their decision either due to the responsibility in these Courts or since there could be no appropriate enthusiasm for the meaning of the climate matters with respect to those responsible for leading those cases. After this, any order passed by authorities under these acts gets immediately questioned by the industries in courts and then those proceedings take years to reach a conclusion.

It is, thus, important to set up different hardware to chop down the defences which are impeding the execution of natural regulations. Further, the legal officials alone will most likely be unable to see the value in logical and specialized perspectives. It is, in this way, presented that arrangements be made for the foundation of the Climate Courts with one adjudicator and two specialists from the environmental and other sciences. [6]

DO WE NEED A NEW CLIMATE LAW?

We don’t require an environment-centred regulation in India, nor do we truly need any significant revisions to existing regulations to focus on environmental alleviation. Instead, environmental change ought to be one of the many aspects that ought to be considered in the execution of any regulation/strategy/program (alongside air pollution, energy access, work, energy security, orientation imbalances, biodiversity and so forth.). Existing regulations don’t give insurance against environmental change; a peculiarity needs a planned activity that of some sort or another is hard to accomplish absolutely through change. The resident’s advantage isn’t focused on the environmental activity at present; this should be changed through regulation. Furthermore, a different environmental regulation is a method for utilizing the courts all the more genuinely. If not, such a case will be founded on India’s worldwide commitments, activity plans and so on. These are strategic responsibilities which are not the most grounded course for enforceable commitments.

The regulations to manage the different natural issues are adequate in India. However, there is an absence of appropriate execution. However, there is no particular regulation in India to manage environmental change issues, yet this issue can be tended to through other ecological regulations in present in India as of now. In India, the general absence of progress in the worldwide local area, really means that there is a requirement for another administrative methodology both universally as well as inside India to elevate transformation to the effects of environmental change. On paper, as well as at the degree of execution, we are expected to achieve social changes among individuals to make them ecologically cognizant.

Author(s) Name: Neha Nehra (University Five Year Law College, Rajasthan University)

Reference(s):

[1] Minhas, Chandreshwari, ‘Analysing the Affectivity of Environmental Laws in India to the Response of Climate Change Challenges’  (2020) Vol.26. No. 1, IIAS.

[2] V.k. Agarwal “Environmental Laws in India: Challenges for Enforcement” (2005) Vol.15, Bulletin of the National Institute of Ecology

[3] Aggarwal, Mayank. “India’s forest cover is rising but northeast and tribal areas lose.” MONGABAY. 3 January 2020 < https://india.mongabay.com/2020/01/indias-forest-cover-is-rising-but-northeast-and-tribals-lose/#:~:text=According%20to%20the%202019%20report,(21.54%20percent)%20in%202017 > (accessed June 17, 2022).

[4] Admin, “Environmental Laws & Protection Acts in India – Emergence, Present Situation and Way Forward” ( planning tank, 09 July 2020)  < https://planningtank.com/environment/environmental-laws-protection-acts-india#_edn2 >  Accessed 17 June 2022.

[5] Admin, “Environmental Laws & Protection Acts in India – Emergence, Present Situation and Way Forward” ( planning tank, 09 July 2020)  < https://planningtank.com/environment/environmental-laws-protection-acts-india#_edn2 >  Accessed 17 June 2022.

[6] Chandra Bhushan and Tarun Gopalakrishnan. (2021). Environmental Laws and Climate Action: A case for enacting a framework climate legislation in India. International Forum for Environment, Sustainability and Technology, New Delhi, accessed 17 June 2022.