2.1.
ENVIRONMENT PROTECTION ACT
2.1. ENVIRONMENT PROTECTION ACT
In the wake of the Bhopal tragedy, the government of India en-
acted the Environment (Protection) Act of 1986. It is an Act to
provide for the protection and improvement of environment. As
compared to all other previous legislations related to environment
and its protection, the Environment (Protection) Act, 1986 con
tains bolder measures to fight the menace of pollution. The pur-
pose of the Act is to implement the decisions of the United Na-
tions Conference on the Human Environment of 1972. The Act is
an "umbrella" for various laws designed to provide a framework
for Central Government, coordination of the activities of various
central and state authorities established under previous Acts, such
as the Water Act and the Air Act.
2.1.1 Salient features of the act
The main emphasis of the act is given to "Environment"
which is understood in a very wide term under the Envi
ronment Act. It includes water, air and land as well as the
interrelationship which exists between water, air and land.
and human beings, other living creatures, plants, micro-
organisms and property.
The act defines "Environmental pollution'" as the pres-
ence of
pollutant, defined as any solid, liquid or gaseous
Substance present in such a concentration as may be or may
tend to be
injurious to the
environment
nc Act empowers the Central Government to take all
59
CHAPTER 2. ENVIRONMENTAL ACTS
appropriate measures to prevent and control pollution
and to establish effective machinery for the purpose of pro
tecting and improving the quality of the environment and
controlling and abating environmental pollution.
The Act explicitly prohibits discharges of environmental
pollutants in excess of prescribed regulatory standards.
.The Act prescribes a special procedure for handling haz-
ardous substances and the concerned person has to handle
the hazardous substances according to the procedure of the
Act.
.There is also a specific prohibition against handling haz.
ardous substances except those in compliance with regu-
latory procedures and standards.
This Act also empowers and authorises the Central Govern-
ment to issue directions for the operation or process, prohi-
bition, closure, or regulation of any industry. The Central
Government is also authorised to stop, regulate the suppiy
of electricity or water or any other service directly without
obtaining the order of the Court in this regard.
The Act consists of and deals with more stringent pena
provisions. The minimum penalty for contravention or
olation of any provision of the law is an imprisonmen i
h
term which may extend to five years or tine up to one
rupees, or both.
The Central Government or any other Person
person duly
duly auth0
60
(PREVENTION AND CONTROL OF POLLUTION)
AIR
22
ACT 1974
rized is empowered to collect the samples of air,water, soil
or other substances as evidence of the offences under the
Environment (Protection) Act, 1986.
The Environment (Protection) Act, 1986 grants immunity
under
to the officers of the Government for any act done
the provisions of this Act or under the powers vested in
them or functions assigned to them under this Act.
The Act debars the Civil Courts from having any jurisdic-
tion to entertain any suit or proceeding in respect of an ac-
Government or other
tion, direction, order issued by Central
Act.
statutory authority under this
In
Under the Act, there will be supremacy of provision.
and the rules or or-
other words, the provisions of this Act
ders made under this Act shall have effect and supremacy
other
anything inconsistent contained in any
enactment
over
than this Act.
2.4. WILDLIFE PROTECTION ACT, 1972
It is an Act to provide for the protection of Wild
animals, birds
and plants.
2.4.1 Objectives of the Act
Decline of India's wild animals and birds, one of the richest and
most varied wildlife resources of the country was a cause of grave
concern for legislating the Act. Areas which were once teeming
with wildlife became devoid of it and even in
sanctuaries and Na-
tional Parks the protection afforded to wildlife needed
improve
ment. The existing laws were not only outdated but also
provided
poor punishments. Further, such 1laws mainly related to control ot
hunting and do not emphasize the other factors which are also tne
24, WILDLIFE PROTECTION ACT, 1972
rime reasons for the decline of India's wildlifc.
P These were the
major concerns behind bringing this Act.
Salient features of the Act
.The Wildlife (Protection) Act (WLPA), 1972 is an impor-
tant statute that provides a powerful legal framework for:
-
Prohibition of hunting
-
Protection and management of wildlife habitats
-
Establishment of protected areas
Regulation and control of trade in parts and products
derived from wildlife
- Management of zoos.
The Act together with its successive amendments provides
for several categories of Protected Areas/ Reserves:
- National Parks
- Wildlife Sanctuaries
- Tiger Reserves
- Conservation Reserves
- Community Reserves
National parks and Tiger Reserves are by law more strictly
protected, allowing virtually no human activity except that
which is in the interest of wildlife conservation.
The Act establishes the structure ofthe State's wildlife man-
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CHAPTER 2.
ENVIRONMENTAL ACTS
agement and the posts designated for Wildlife
It provides for setting up Wildlife Advisory Boards Management.
.The Act classifies the flora and fauna into six schedu
based on the degree of protection required.
-
Animals belonging to Schedule I and part II of Sched.
ule II are provided absolute protection and
offences
against these are prescribed the highest penalties.
-
The penalties for offences against Schedule III and
Schedule IV animals are less and these are protected
to a lesser degree.
-
Schedule V includes the animals which
may be hunted
These are common crow, fruit bats, mice & rats only.
-
Schedule VI contains the plants, which are prohibited
from cultivation and
planting.
Penalties: A person who breaks any of the conditions of
any license permit
or
granted under this Act is guilty of an
offence against this Act. The offence is
punishable with im-
prisonment for a term which
may extend to three
with years
or
a fine of Rs
25,000 or with both. The Act also pre-
SCribes
punishments for offences against animals included
in highly protected categories.
2.5. FOREST CONSERVATION
ACT, 1980
The Forest
dia
Conservation Act was enacted by Parliament of In-
by Parliament
to control further
deforestation of forest areas lInala: It
reas in India. was
5. FOREST CONSERVATION ACT. 19RO
further amended in 1988. The Act was enacted for
level of protection to the
providing a
hig forests and to
regulate diversion
af forest lands for non
forestry purposes.
2.5.1 Historical Background
Before the enactment of Forest Conservation Act, 1980 all the
nrevious laws regarding forests were consolidated
by the Indian
Forest Act of 1927. The Forest Act of 1927
gave the Government
and Forest Department the power to create Reserved Forests, and
the right to use Reserved Forests for Government use alone. It
also created Protected Forests, in which the use of resources by lo-
cal people was controlled. Some forests were also to be controlled
by a village community, and these were called Village Forests.
The Act remained in force till the 1980s when it was realised that
protecting forests for timber production alone was not acceptable.
The other values of protecting the services that forests provide
and its valuable assets such as biodiversity began to overshadow
timber.
the importance of their revenue earnings from
Policy came into existence in
Even though, India's first Forest
1952, the extent of deforestation was so great that it became ev-
policy on forests
Ident that there was a need to formulate a new
and their utilisation. Large tracts of forestland had already been
clear that forests
diverted to other uses.In the 1980s it became
functions such as maintenance of
must be protected for their other
concerns. This
SO1l and water regimes centered around ecological
1980 and its amendment in
Ied to the Forest Conservation Act of
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CHAPTER 2. ENVIRONMENTAL ACTS
1988.
2.5.2 Salient feautures of the Act
.The Forest Conservation Act of 1980 was enacted to control
deforestation. It ensured that forestlands could not be de.
reserved without prior approval of the Central Government
The Act restricts the State Government for
dereservation of
forests or use of forest land for non-forest
purpose.
.The Act provides for the constitution of Advisory Commit-
tee for dealing with matters concerned with
conservation of
forests.
.Penalties for offences in Reserved Forests: No
person is al-
lowed to make clearings or set fire to a Reserved Forest.
Felling, collecting of timber, bark or leaves, quarries or col-
lecting any forest product is punishable with imprisonment
up to six months, or with a fine of Rs.500, or both.
The Act also sets punishments for such offences done in
protected forests, which is imprisonment for up to six months
or a fine of Rs.500, or both.
When there is a reason to believe that a forest offence has
been committed pertaining to any forest produce, tne
pro
duce together with all tools used in committing such ot-
Iences may be scized by any Forest Ofticer or Police Ot
ficer. Any Forest Officer, even without an order from tne
Magistrate or a warrant, can arrest any person against wno
a reasonable suspicion exists.
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