In simpler words law is a rule of conduct developed by government or society over a certain territory. Law follows certain practices and customs in order to deal with crime, business, social relationships, property, finance, etc. The Law is controlled and enforced by the controlling authority.
Section 2(a) of the Environment Protection Act, 1986 defines the term ‘environment as follows:
“Environment” includes water, air and land and the relationship which exists amongst and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.
The term environment is connoted to mean the surroundings of a person and the things that combine together to create such surroundings. The surroundings include living and non-living things. Plants, animals, land, water and air are all part of the environment which forms part of the natural environment. Besides the natural environment, a man-made environment also exists which deals with technology, work, aesthetics, transportation, housing, urbanization, etc which together with the natural environment are essential for the growth of an individual, mentally, physically and spiritually.
An individual’s interactions with his environment help in their growth and development but this environment like the individual, is susceptible to danger and damage. Human activities over the ages have created a situation where people are using resources at a rate faster than they can be replenished and such activities have created an imbalance in the natural cycle. Human activities have polluted our air, water and land to a large extent, Such misuse causes harm not only to the environment but also to the individuals who form part of the society. Every human being should have access to clean air, safe drinking water and a healthy environment. The need to protect, conserve and improve our air, water and land is seen in the rising sea levels, the cycles of droughts and floods within the same season.
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.
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
Protection and improvement of environment and safeguarding of forests and wildlife The State shall endeavour 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.
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.
Environmental Law: Regulatory Framework in India
Some of the laws which majorly govern the environmental law in India are as under:
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1981
- Environment (Protection) Act, 1986
4.Wildlife Protection Act, 1972
5.Forest Conservation Act,1980
6.Biological Diversity Act, 2002
7.National Green Tribunal Act, 2010
8.The ozone-depleting substances (regulation and control) rules, 2000.
Sustainable Development
The concept of sustainable development which is a road-map, an action plan so that the resources that are available can be used in a judicious manner is a widely accepted method for protecting every person’s ‘right to development’ and balancing our society’s ‘right to development’ with their ‘right to good environment’.
The Brundtland Report of 1987 was the first document to comprehensively define the term ‘sustainable development: It is defined as follows:
“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. There are three chief pillars of sustainable development which are economic growth, environmental protection, and social equality respectively. While each of these three ideas contribute equally to the overall idea of sustainability, it is difficult to find proof of equivalent levels of measures for each of the three pillars in policies of the world’s States. With the majority of countries putting economic growth on the forefront of sustainable development, it can be seen that the other two pillars have suffered, especially with the overall well-being of the planet’s environment in a dangerously poor state. The Brundtland Commission had put forth a conceptual framework that many nations agreed with and wanted to try and implement to create a difference within their boundaries, but it has been tricky to change these concepts about sustainability into concrete and decisive steps.
Apart from legal rules, Moral rules are principles of right or wrong behaviour that are generally accepted by a society.These are generally, personal in nature as they vary from place to place and society to society and change with respect to time. For example, in a society telling a lie may be considered immoral, that is, against moral rules. It can also be linked to etiquettes which may be defined as a set of rules for behaving correctly in social situations. For example, masticating food while keep the mouth close. As a human coexisting together in a society we should help each other and together make progress in life. Thus laws is necessary framework of society.