INTRODU
CTION
WHAT ARE
ENVIRONMENTAL
LAWS?
• The protection and improvement of the human environment is a
major issue which affects the well-being of peoples and economic
development throughout the world; it is the urgent desire of the
peoples of the whole world and the duty of all Governments.
• In the developing countries most of the environmental problems
are caused by under-development. Millions continue to live far
below the minimum levels required for a decent human
existence, deprived of adequate food and clothing, shelter and
education, health and sanitation. Therefore, the developing
countries must direct their efforts to development, bearing in
mind their priorities and the need to safeguard and improve the
environment.
WHAT ARE
ENVIRONMENTAL
LAWS?
• The natural growth of population continuously presents problems for the
preservation of the environment, and adequate policies and measures should be
adopted, as appropriate, to face these problems.
• Local and national governments will bear the greatest burden for
large-scale environmental policy and action within their
jurisdictions.
• Laws in India
• Man has the fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality that permits a life of
dignity and well-being, and he bears a solemn responsibility to protect
and improve the environment for present and future generations.
WHAT ARE
ENVIRONMENTAL
LAWS?
• The natural resources of the earth, including the air, water, land, flora
and fauna and especially representative samples of natural
ecosystems, must be safeguarded for the benefit of present and
future generations through careful planning or management, as
appropriate.
• The capacity of the earth to produce vital renewable resources must
be maintained and, wherever practicable, restored or improved.
• Man has a special responsibility to safeguard and wisely manage the
heritage of wildlife and its habitat, which are now gravely imperilled
by a combination of adverse factors. Nature conservation, including
wildlife, must therefore receive importance in planning for economic
development.
• The non-renewable resources of the earth must be employed in such
a way as to guard against the danger of their future exhaustion and
to ensure that benefits from such employment are shared by all
mankind.
WHAT ARE
ENVIRONMENTAL
LAWS?
• The discharge of toxic substances or of other substances and the
release of heat, in such quantities or concentrations as to exceed the
capacity of the environment to render them harmless, must be halted
in order to ensure that serious or irreversible damage is not inflicted
upon ecosystems.
• States shall take all possible steps to prevent pollution of the seas by
substances that are liable to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere
with other legitimate uses of the sea.
• Environmental deficiencies generated by the conditions of under-
development and natural disasters pose grave problems and can best
be remedied by accelerated development through the transfer of
substantial quantities of financial and technological assistance as a
supplement to the domestic effort of the developing countries and
such timely assistance as may be required.
WHAT ARE
ENVIRONMENTAL
LAWS?
• The environmental policies of all States should enhance and not
adversely affect the present or future development potential of
developing countries, nor should they hamper the attainment of
better living conditions for all, and appropriate steps should be taken
by States and international organizations with a view to reaching
agreement on meeting the possible national and international
economic consequences resulting from the application of
environmental measures.
• Resources should be made available to preserve and improve the
environment, taking into account the circumstances and particular
requirements of developing countries and any costs which may
emanate- from their incorporating environmental safeguards into
their development planning and the need for making available to
them, upon their request, additional international technical and
financial assistance for this purpose.
WHAT ARE
ENVIRONMENTAL
LAWS?
• States should adopt an integrated and coordinated approach to their
development planning so as to ensure that development is
compatible with the need to protect and improve environment for the
benefit of their population.
• Rational planning constitutes an essential tool for reconciling any
conflict between the needs of development and the need to protect
and improve the environment.
• Planning must be applied to human settlements and urbanization with
a view to avoiding adverse effects on the environment and obtaining
maximum social, economic and environmental benefits for all.
• Education in environmental matters, for the younger generation as
well as adults, giving due consideration to the underprivileged, is
essential in order to broaden the basis for an enlightened opinion and
responsible conduct by individuals, enterprises and communities in
protecting and improving the environment in its full human
dimension.
WHAT ARE
ENVIRONMENTAL
LAWS?
• Scientific research and development in the context of environmental
problems, both national and multinational, must be promoted in all
countries, especially the developing countries.
• International matters concerning the protection and improvement of
the environment should be handled in a cooperative spirit by all
countries, big and small, on an equal footing.
• Man and his environment must be spared the effects of nuclear
weapons and all other means of mass destruction. States must strive
to reach prompt agreement, in the relevant international organs, on
the elimination and complete destruction of such weapons.
LAWS
IN
INDIA
• Article 48A: This Article comes under the Directive principle of the
State policy. This article implies that State shall endeavor to
protect the environment. It also emphasizes on safeguarding the
forests and wildlife of the country. Article 48A[1] imposes a duty
on State to protect the environment from pollution by adopting
various measures.
• Article 51A (g): The Article 51A(g)[2] states that it shall be the
duty of each and every citizen of India to protect and improve
the natural environment that includes lakes, rivers, forests and
wildlife. This Article also focuses on showing compassion for
living creatures. This article is similar to Article 48A[3], but the
only difference is that it concentrates on fundamental duty of
citizens whereas Article 48A[4] instructs the state to perform
their duties and protect environment. Hence, it is our duty to
not only protect the environment from pollution but also
improve its quality.
LAWS
IN
INDIA
• Article 253[5]: This Article gives power to Parliament to create
laws for the country in order to implement any treaty
conventions and agreement with other countries. By this article,
Parliament enacted various laws in order to protect environment
like - Water Act 1974, Air Act 1981 and the Environmental
Protection Act 1984.
• Article 246: The Article 246[6] divides the subjects of legislation
between Union and State. It also provides the details of
Concurrent list in which both the Union and State make laws by
sharing the jurisdiction comprising the protection of mines,
wildlife and minerals development.
• Article 47: This article imposes duty on the State in order to
improve the standards of living of citizens by providing health
facilities, proper nutrition, and sanitization and protect the
environment to live safely.
LAWS
IN
INDIA
• Article 21[9]: It states that right to life is not just for animals but
it also provides the right to humans to live safely in an
environment with basic human dignities.
• Article 19(1)(g)[10]: It states that citizens cannot practice such
trade or business activities which are hazardous to public health.
• Article 32[11] & 226[12]: This article provides right to citizen to
approach to Supreme or High Court whenever there is violation
of fundamental right by PIL (Public Interest Litigation). This
article helps preserve the environment and maintain ecological
balance.
• The constitutional provisions are backed by a number of laws –
acts, rules, and notifications. The EPA (Environment Protection
Act), 1986 came into force soon after the Bhopal Gas Tragedy
and is considered an umbrella legislation as it fills many gaps in
the existing laws. Some of the existing laws are:
LAWS
IN
INDIA
• 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.
LAWS
IN
INDIA
• 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:
• 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.
LAWS
IN
INDIA
• THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
• The act targets 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, sulphur 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.
LAWS
IN
INDIA
• 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.
• 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 consumptions norms
and standards for consumers. It prescribes energy conservation
building codes for commercial buildings. Bureau of energy efficiency
(BEE) is a statutory body established under the act.
LAWS
IN
INDIA
• 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).
• THE NATIONAL GREEN TRIBUNAL ACT, 2010
• It was established in concurrence to 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 to its citizens of the constitution.
• 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
