Environmental Legislation in India

The law is generally acknowledged as a system of rules that are designed and implemented through social or governmental institutions to regulate the manner, although its precise sense is a matter of longstanding debate. The need for refuge and preservation 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. The Constitution under Part IVA (Art 51A-Fundamental Duties) casts an obligation on each resident of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures. Further, the Constitution of India under Part IV (Art 48A-Directive Principles of State Policies) stipulates that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
Indian environmental law concerns the law and policy of India concerning the protection of the environment, measures taken to reverse climate change and achieve a zero carbon economy.
Following are the few environmental laws exist in India;

General protection

The Environment Protection Act, 1986, is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards.
  • The National Green Tribunal established under the National Green Tribunal Act of 2010 has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
  • The Public Liability Insurance Act, 1991
  • National Green Tribunal Act
The National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.

 Air pollution

The Air (Prevention and Control of Pollution) Act, 1981 an Act of the Parliament of India to control and prevent air pollution in India. It was amended in 1987.

The effects of global warming on South Asia include steady sea level rise, increased cyclonic activity, and changes in ambient temperature and precipitation patterns

Air pollution in India is a serious health issue. Of the most polluted cities in the world, 21 out of 30 were in India in 2019. As per a study based on 2016 data, at least 140 million people in India breathe air that is 10 times or more over the WHO safe limit and 13 of the world's 20 cities with the highest annual levels of air pollution are in India.

Water

Legislation to protect water quality include:
  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • Water (Prevention and Control of Pollution) Cess Rules, 1978
  • Ganga Action Plan, 1986
  • National Water Policy
National Water Policy is formulated by the Ministry of Water Resources of the Government of India to govern the planning and development of water resources and their optimum utilization. The first National Water Policy was adopted in September, 1987.[1] It was reviewed and updated in 2002 and later in 2012.
Under the Environment Protection Act, 1986 of India, notification was issued in February 1991, for regulation of activities in the coastal area by the Ministry of Environment and Forests (MoEF).
Government of India (GoI) constituted a common tribunal on 10 April 1969 to adjudicate the river water utilization disputes among the river basin states of Godavari and Krishna rivers under the provisions of Interstate River Water Disputes Act – 1956.
The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley. 
Government of India constituted a common tribunal on 10 April 1969 to adjudicate the river water utilization disputes among the river basin states of Krishna and Godavari rivers under the provisions of Interstate River Water Disputes Act – 1956.

Forests and wildlife

The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented under the British. The most famous one was the Indian Forest Act of 1878. Both the 1878 act and the 1927 act sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate movement and transit of forest produce, and duty leviable on timber and other forest produce.
The Wild Life Protection Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India had only five designated national parks. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.  The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. It extends to the whole of India.
M. C. Mehta v. Kamal Nath was a landmark case in Indian environmental law. In the case, the Supreme Court of India held that the public trust doctrine applied in India.
The Biological Diversity Act, 2002 is an Act of the Parliament of India for preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a party.
The Protection of Plant Variety and Farmers Right Act, 2001 (PPVFR Act) is an Act of the Parliament of India that was enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. This act received the assent of the President of India on the 30 October 2001.
The Prevention of Cruelty to Animals Act, 1960 is an Act of the Parliament of India enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. As per the provisions of the law the government of India formed the Animal Welfare Board of India. 
CAMPA Act or Compensatory Afforestation Fund Act is an Indian legislation that seeks to provide an appropriate institutional mechanism, both at the Centre and in each State and Union Territory, to ensure expeditious utilization in efficient and transparent manner of amounts released in lieu of forest land diverted for non-forest purpose which would mitigate impact of diversion of such forest land.

Waste management

  • Batteries (Management and Handling) Rules, 2001
  • Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
  • Basel Convention on Control of TransboundaryMovements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
  • Hazardous Wastes (Management and Handling) Amendment Rules, 2003
  • Construction and Demolition Waste Management Rules, 2016 
References

Comments

Post a Comment

Popular posts from this blog

Why should the environment be protected?

It is crucial to protect the environment to reduce the consumption of eco-systems caused by human activities. It is more of moral responsibility for humans to protect the environment from pollution and other activities that lead to environmental degradation. Air pollution, water pollution, global warming, smog, acid rain, deforestation, wildfires are just a few of the environmental issues that we are facing in recent days. Everyone must take care of the environment to make this planet a perfect living place. No need to put money to go green, but simple changes in daily lifestyle are all that is required to reduce your carbon footprint on the environment. The following are a few suggestions on what we should consider for being part of nature conservation (in our routine); Plant more trees:  Trees play a vital role in creating shades on the ground. Urban trees help buildings to stay cold and fresh, and it will reduce the need for electric fans or air conditioners. And the trees act a...
Read more

Waste! Waste Management!

When we are thinking about this word, there will be so many questions passing through our mind like How to dispose of wastes? , How to reduce it? , Is recycling applicable for all the types of wastes? , etc. Let's discuss! First and foremost, What is Waste ? Waste is defined as unwanted and unusable materials and is regarded as a substance which is of no use. Waste that we see in our surroundings is also known as garbage. Garbage is mainly considered as a solid waste that includes wastes from our houses (domestic waste), wastes from schools, offices, etc (municipal wastes) and wastes from industries and factories (industrial wastes).  Types of Wastes Biodegradable waste Non-biodegradable waste Biodegradable Waste    A biodegradable material or substance can be defined as a material which can be decomposed easily by bacteria or any other natural organisms and not being the part of pollution. Biodegradable wastes are the waste materials which are and can be easily degraded...
Read more

Environmental Impact Assessment (EIA Draft 2020)

Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural, and human-health impacts, both beneficial and adverse.  It comes under the Environmental Protection Act , 1986. It covers projects such as mining or coal or other minerals, thermal, nuclear & hydro-power projects, real estate projects, infrastructure development, and other industrial projects. It prevents the proposed activity or projects from being established without proper oversight or taking inopportune consequences into account. It analyzes various choices for a project and identifies the one which represents the best combination of economic and environmental expenses and benefits. Environmental Impact Assessment is a formal process in many countries and is currently practicing in more than 100 countries all over the globe. India declared the first EIA norms in the year of 1994. A...
Read more