Complete Guide on Environment Protection Laws in India
Date : 27 Jul, 2021
Post By Advocate Shivashish Dwivedi
The Environment has been suffering badly due to the rapid increase in industrialization and human needs. The necessity for environmental protection and conservation as well as the sustainable use of natural resources is reflected in the constitutional framework of India and also under the international commitments of India. The Environmental laws provide huge importance to maintain an ecological balance of the environment by safeguarding the country’s forests and wildlife. Part IV A (Art 51A-Fundamental Duties) of the constitution of India casts a duty on every citizen of India to protect the natural environment including wildlife, forests, lakes, and rivers, and to have compassion for living creatures. Further, Part IV (Art 48A-Directive Principles of State Policies) implies that the state shall endeavor to protect the environment and it also emphasizes safeguarding the forests and wildlife of the country. various environment protection legislations existed even before the independence of India. However, it was the Stockholm Declaration 1972 (UN Conference on the Human Environment) that turned the attention of the government of India towards the perspective of environmental protection. Following the Stockholm Conference, the National Council for Environmental Policy and Planning was founded in 1972 within the Department of Science and Technology to establish a regulatory body that looks after the issues that are related to the environment. Later, this council evolved into the Ministry of Environment and Forests (MoEF). Important legislation for the protection of the environment: The National Green Tribunal Act, 2010: The National Green Tribunal (NGT) Act, 2010 has been enacted with an aim to provide for the effective and expeditious disposal of cases related to the protection of the environment, conservation of forests and other natural resources as well as enforcement of any legal right relating to the environment. It also provides relief and compensation for damages to persons and property and for connected matters. The Water (Prevention and Control of Pollution) Act, 1974: The Water Pollution Prevention and Control Act of 1974 has been made to provide laws for the prevention and control of water pollution and to maintain or restore the wholesomeness of the country's water. It also provides for the establishment of Boards for the prevention and control of water pollution for the purpose of carrying out the aforementioned objectives. The Water Act prohibits the discharge of pollutants into water bodies beyond a certain level and imposes penalties for non-compliance. The Air (Prevention and Control of Pollution) Act, 1981: The Air (Prevention and Control of Pollution) Act, 1981 also called (the "Air Act") provides for the prevention, control, and abatement of air pollution and also establishment of Boards at the Central and State levels with an aim to carry out the above purposes. The ambient air quality standards were established under this act, to counter the problems associated with air pollution. The Air Act aims to combat air pollution by restricting the use of polluting fuels and substances, as well as regulating air-polluting appliances. The Air Act empowers the State Government to declare any area or areas within the State as air pollution control areas or areas after consultation with the SPCBs. Consent from SPCBs is required under this act in order to establish or operate any industrial plant in the pollution control areas. Consult the best lawyer online The Environment Protection Act, 1986: The Environment Protection Act, 1986 (the "Environment Act”) has been enacted with the purpose to provide for the protection and improvement of the environment. It establishes a framework for studying, planning, and implementing long-term requirements of environmental safety and laying down a system of speedy and adequate response to situations that threaten the environment. Under this Act, the Central Government is empowered to take necessary measures to safeguard and improve the quality of the environment by setting standards for emissions and discharges of pollution in the atmosphere by any person carrying on an industry or activity; management of hazardous wastes; regulating the location of industries, and protection of public health and welfare.
The Hazardous Waste Management Regulations: Hazardous Waste is defined as “any waste which due to characteristics such as toxic, physical, chemical, corrosive explosive or reactive causes harm/danger to the environment or health. There are various legislations that deal with hazardous waste management either directly or indirectly. The relevant legislations are the Public Liability Insurance Act 1991, the Factories Act 1948, The National Environment Tribunal Act, and rules and notification under the Environmental act. Some of the rules that deal with hazardous waste management are as follows – Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008: This rule provides guidance about the manufacture, storage, and import of hazardous chemicals and for management of hazardous wastes. Biochemical Waste (Management and Handling) Rules, 1988: These rules were formulated for proper disposal, segregation, and transport of infectious wastes. Municipal solid wastes (Management and Handling) Rules, 2000: it aims at establishing municipalities to dispose of municipal solid waste in a scientific manner. Get in touch with the best lawyer online Some other laws relating to the environment: In addition, there are many other laws related to the environment – The Wildlife Protection Act, 1972 – The objective of this act was to effectively protect the Wildlife of the country and to control smuggling, poaching, and illegal trade in wildlife and its derivatives. It was amended in 2003. The aim is to provide protection to the listed endangered flora and fauna and ecologically important protected areas. The Forest Conservation Act, 1980 – This was enacted to conserve the country’s forest. It strictly prevents and regulates the de-reservation of forests or the use of forest areas for non-forest purposes without the Central Government's prior approval. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest lands inhabited by them and also provides a framework for the same. The Indian Forest Act, 1927 aimed to regulate the law related to forests, the transit of forest produces, and the duty leviable on timber and other produce of the forest. Public Liability Insurance Act, 1991 – The objective of this act is to provide for damages to victims of an accident that occurs as a result of handling any hazardous substance. This act applies to all owners associated with the production or handling of any hazardous chemicals. The Biological Diversity Act, 2002 – The act aims at the conservation of biological resources and associated knowledge as well as facilitating access to them in a sustainable manner. The National Biodiversity Authority in Chennai has been established for the purposes of implementing the objects of the act. Coastal Regulation Zone Notification – The Ministry of Environment and Forests had issued the Coastal Regulation zone Notification with an objective to ensure livelihood security to the fishing communities and other local communities living in the coastal areas, to conserve and protect coastal stretches, and to promote development in a sustainable manner based on scientific principles, taking into consideration the danger of natural hazards in the coastal areas and sea-level rise due to global warming.
