The Environment - Definitions and Acts

What are the key policies relating to the environment in India?
There are three key policies relating to environmental protection in India. They are:

• The National Forest Policy, 1988
• Policy statement for Abatement of Pollution, 1992
• National Conservation Strategy and Policy Statement on Environment and Development, 1992

How is ‘Environment’ defined under Indian Law?
According to Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’ includes
a) Water, air and land
b) The inter-relationship which exists among and between,
i) water, air, land, and
ii) human beings, other living creatures, plants, microorganisms and property

What are the different statutes / legislations enacted in India exclusively for environmental protection?
The different statutes / legislations enacted in India exclusively for environment protection are

• The Water (Prevention and Control of Pollution) Act, 1974
• The Water (Prevention and Control of Pollution) Rules, 1975
• The Water (Prevention and Control of Pollution) Cess Act, 1977
• The Water (Prevention and Control of Pollution) Cess Rules, 1978
• The Air (Prevention and Control of Pollution) Act, 1981
• The Air (Prevention and Control of Pollution) Rules, 1982
• The Environment (Protection) Act, 1986
• The Environment (Protection) Rules, 1986
• Hazardous Wastes (Management and Handling) Rules, 1989
• Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
• The Forest (Conservation) Act, 1980
• The Forest (Conservation) Rules, 1981
• The Wildlife Protection Act, 1972
• The Wildlife (Transactions and Taxidermy) Rules, 1973
• The Wildlife (Stock Declaration) Central Rules, 1973
• The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983
• The Wildlife (Protection) Rules, 1995
• The Wildlife (Specified Plants - Conditions for Possession by Licensee) Rules, 1995
• The Public Liability Insurance Act, 1991
• The Public Liability Insurance Rules, 1991
• The National Environment Tribunal Act, 1995
• The National Environment Appellate Authority Act, 1997

What is the difference between the laws enacted before and after independence with respect to environmental protection in India?
There are about two hundred laws dealing with environmental protection both before and after independence in India. However, the pre-independence laws have not dealt with environmental protection exclusively. For example, the Indian Penal Code (IPC), 1860, had a chapter (chapter XIV) which dealt with offences affecting public health, safety and convenience, which covered aspects like water, air and noise pollution, whereas the post-independence laws mentioned above deal exclusively with environmental protection.

What are the provisions in the Indian Penal Code for environmental protection?
The Indian Penal Code has a chapter on offences affecting Public Health, Safety, Convenience (Chapter XIV). Sec. 268 provides that “a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.” The section further explains that a common nuisance is not excusable on the ground that it causes some convenience or advantage. Other concerned provisions are: a “negligent act likely to spread infection or disease dangerous to life” (Sec. 269 IPC.), a “malignant act likely to spread infection or disease dangerous to life” (Sec. 270 IPC.), “making atmosphere noxious to health” (Sec. 278 IPC.).

But the essential requirement of the provision to punish a man is the guilty intention of the accused, i.e. either the act of the accused should be negligent, malignant or voluntary, which vitiates the atmosphere. In case of public nuisance, the Penal Code provides for fines up to Rs. 200/- by way of punishment (Sec. 290 IPC.) and for making the atmosphere noxious to health Rs. 500/- only (Sec.78 IPC.).

The punishments are too meagre to meet the objectives. With these penal provisions, it is not possible to check environmental pollution.