Laws On Environment
The Indian Constitution and India’s international commitments both recognise the need of environmental protection, conservation, and sustainable resource use. Every Indian citizen has a responsibility to preserve and enhance the natural environment, including forests, lakes, rivers, and animals, as well as to have compassion for all living things, according to Part IVA of the Constitution (Article 51A-Fundamental Duties). Additionally, the State shall make efforts to maintain the nation’s forests and animals as well as to protect and promote the environment, according to Part IV of the Indian Constitution (Article 48A-Directive Principles of State Policies).
Even before India gained its independence, there were numerous environmental protection laws. However, it wasn’t until after the UN Conference on the Human Environment that there was a real push to implement a well-developed framework (Stockholm, 1972). After the Stockholm Conference, the Department of Science and Technology established the National Council for Environmental Policy and Planning in 1972 as a regulatory agency to handle environmental-related concerns. Later, this Council became the full-fledged Ministry of Forests and the Environment (MoEF).
The MoEF was founded in 1985 and is now the country’s top administrative agency for regulating and assuring environmental protection. It also establishes the legal and regulatory foundation for that protection. Several environmental laws have been in existence since the 1970s. The regulatory and administrative centre of the industry is comprised of the MoEF and the state and federal pollution control boards (together referred to as “CPCBs” and “SPCBs”).
The following are some of the key environmental protection laws:
- Act of 2010 Creating National Green Tribunals
- The 1981 Act for the Prevention and Control of Air Pollution
- Act of 1974 on Water (Prevention and Control of Pollution)
- The 1986 Environmental Protection Act
- Regulations for the management of hazardous waste, etc.
Act of 2010 Creating National Green Tribunals:
The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) was passed with the intention of creating a National Green Tribunal (NGT) to handle cases involving the protection of the environment, the conservation of forests and other natural resources, as well as the enforcement of any environmental legal rights and the provision of relief and compensation for damages to people and property, as well as matters related thereto.
The Act was put into effect by the Central Government via Notification No. on June 2, 2010, after receiving the President of India’s assent. S.O. 2569(E), dated October 18, 2010, in force as of that date. The Act calls for the creation of the NGT to administer all environmental laws, including those outlined in Schedule I of the NGT Act, including those pertaining to air and water pollution, the Environment Protection Act, the Forest Conservation Act, and the Biodiversity Act.
The National Environment Tribunal Act of 1995 and the National Environment Appellate Authority Act of 1997 are repealed as a result of the National Green Tribunal Act of 2010 coming into effect. In light of the National Green Tribunal’s establishment under the National Green Tribunal Act of 2010 and notification number S.O. 2570(E) dated October 18, 2010, the National Environment Appellate Authority established under section 3(1) of the National Environment Appellate Authority Act of 1997 stands dissolved.
The 1981 Act for the Prevention and Control of Air Pollution
The Air (Prevention and Control of Pollution) Act of 1981 (the “Air Act”) establishes boards at the central and state levels to carry out the aforementioned functions as well as the prevention, control, and abatement of air pollution.
Ambient air quality regulations were developed under the Air Act to address the issues caused by air pollution. By outlawing the use of harmful fuels and substances and enforcing regulations on air-polluting appliances, the Air Act aims to reduce air pollution. The State Government is authorised under the Air Act to designate any place or locations within the State as air pollution control area(s), after consulting with the SPCBs. According to the Act, SPCBs must approve the construction or operation of any industrial facility in the pollution control area. SPCBs are also supposed to inspect manufacturing procedures, inspect pollution control machinery, and test the air in air pollution control zones.
Act of 1974 on Water (Prevention and Control of Pollution)
The Water Prevention and Control of Pollution Act, 1974 (the “Water Act”) was passed to address water pollution prevention and control as well as to preserve or restore the nation’s water’s wholesomeness. In order to carry out the aforementioned aims, it also provides for the establishment of Boards for the prevention and control of water pollution. The Water Act imposes fines for noncompliance and forbids the discharge of contaminants into water bodies above a specified standard. The CPCB, which establishes guidelines for the prevention and management of water pollution, was established at the federal level under the Water Act. SPCBs operate at the State level under the guidance of the government.
The Water (Prevention and Control of Pollution) Cess Act, which was passed in 1977, further established the levying and collection of a cess on water used by those engaging in specific industrial activities. This cess is gathered to supplement the funds available to the Central Board and State Boards for the prevention and control of water pollution, which were established in accordance with the 1974 Water (Prevention and Control of Pollution) Act. The Act last underwent revision in 2003.
The 1986 Environmental Protection Act
The Environment Protection Act of 1986 (the “Environment Act”) addresses environmental preservation and enhancement. The Environment Protection Act lays out a framework for researching, organising, and putting into practise long-term environmental safety criteria. It also sets a mechanism for prompt and adequate reaction to environmental threats. It is an overarching piece of legislation established to offer a framework for the collaboration of federal and state agencies created by the 1974 Water Act and the Air Act. Under section 2(a) of the Environment Act, the term “environment” has a fairly broad definition. It comprises water, air, and land as well as the connections between these elements and people, other living things, plants, microorganisms, and entities.
The Environment Act gives the Central Government the authority to take the steps required to safeguard and enhance the quality of the environment. These steps include establishing standards for the emissions and discharges of pollution into the atmosphere by anyone engaged in industrial or commercial activity, regulating where industries can be located, managing hazardous waste, and safeguarding the health and welfare of the general public. The Central Government occasionally publishes announcements under the Environment Act for the purpose of protecting ecologically vulnerable places or publishes guidance for items covered by the Environment Act.
Any violation of the Environment Act, or of the regulations or instructions imposed by the said Act, will result in a penalty of up to five years in prison, a fine of up to Rs. 1,000,000, or a combination of the two. In the event that the infringement is continued, a further fine of up to Rs 5,000 may be assessed for each subsequent day that it occurs following the conviction for the initial violation. In addition, the offender faces a sentence of up to seven years in prison if the violation persists for more than a year following the date of conviction.
Rules for the Management of Hazardous Wastes
Hazardous waste is any waste that poses a threat to human health or the environment because of one or more of its physical, chemical, reactive, poisonous, combustible, explosive, or corrosive properties, whether it is present alone or in combination with other wastes or chemicals.
Numerous laws either directly or indirectly address the management of hazardous waste.
The Factories Act of 1948, the Public Liability Insurance Act of 1991, the National Environment Tribunal Act of 1995, and the regulations and notifications made under the Environmental Act are the pertinent laws. The following is a discussion of some of the laws governing the management of hazardous waste:
A manual for the production, storage, and import of hazardous chemicals as well as the management of hazardous wastes was released in 2008 under the Hazardous Wastes (Management, Handling and Transboundary) Rules.
In a similar vein, the Biomedical Waste (Management and Handling) Rules, 1998 were developed to address the proper handling, transportation, and disposal of infectious wastes.
The Municipal Solid Wastes (Management and Handling) Rules, 2000 were created to give municipalities the tools they need to dispose of municipal solid trash properly.
Under the Hazardous Wastes (Management, Handling and Transboundary) Rules, a manual for the manufacturing, storage, and import of hazardous chemicals as well as the management of hazardous wastes was published in 2008.
To handle the proper processing, transportation, and disposal of infectious wastes, the Biomedical Waste (Management and Handling) Rules, 1998 were created.
Municipalities now have the resources they need to dispose of municipal solid waste in a responsible manner thanks to the Municipal Solid Wastes (Management and Handling) Rules, 2000.
Alternative Environmental Laws
There are other further environmental legislation, including:
1972’s Wildlife Protection Act
In order to properly safeguard the country’s wild animals and to prevent poaching, smuggling, and the illegal trade in wildlife and its products, the Wild Life (Protection) Act, 1972, was passed. Following an amendment to the Act in January 2003, the penalties and punishment for violations of the Act are now more severe. The Ministry has suggested adding stricter regulations to the Act in order to strengthen it. The goal is to safeguard the biologically significant protected areas as well as the designated endangered species of plants and animals.
1980’s Forest Conservation Act
To aid in the preservation of the nation’s woods, the Forest Conservation Act of 1980 was passed. Without the prior consent of the Central Government, it rigorously prohibits and regulates the de-reservation of forests and the use of forest land for non-forest purposes. The Act outlines the requirements for diverting forest land for non-forest uses in order to achieve this.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006 recognises and establishes a framework for the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest regions in which they reside.
The Indian Forest Act of 1927 unifies the legal provisions governing forests, the transportation of forest products, and the taxation of timber and other forest products.
The 1991 Public Liability Insurance Act
The Public Liability Insurance Act, 1991 was passed with the purpose of compensating accident victims for losses resulting from handling any dangerous chemical. All proprietors involved in the handling or manufacturing of any hazardous chemicals are subject to the Act.)
The 2002 Act on Biological Diversity
The United Nations Convention on Biological Diversity (CBD), 1992, which recognises the sovereign rights of states to use their own Biological Resources, inspired India to create the Biological Diversity Act 2002. The Act aims to preserve biological resources and related knowledge while also providing sustainable access to them.
The National Biodiversity Authority, located in Chennai, was created with the intention of carrying out the Act’s goals.