Environment legislation in India

Environment legislation in India

July 12, 202220930 0

Criminal laws for Environment

This article is written by Mrinal Mukul, a student at O.P Jindal Global University, Haryana. This article talks about the actions taken by the government to protect and conserve the environment.

It has been published by Rachit Garg.

Table of Contents

Introduction 

What is environmental legislation  

Climate change in India  

Need for environment legislation

Purpose of environment legislation

Laws related to environment in India 

Environment laws in India

The Public Liability Insurance Act and Rules 1991 and Amendment, 1992 

The National Environmental Tribunal Act, 1995, Amendment, 2010 

The National Environment Appellate Authority Act, 1997

The Biomedical Waste (Management and Handling) Rules, 1998 

The Environment (Siting for Industrial Projects) Rules, 1999

The Municipal Solid Wastes (Management and Handling) Rules, 2000

The Batteries (Management and Handling) Rules, 2001

The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

The Air (prevention and control of pollution) Act, 1981 

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) 

The Forest (Conservation) Act, 1980

The Wildlife Protection Act, 1972 

The Water (Prevention and Control of Pollution) Act, 1974

The Ozone-Depleting Substances (Regulation And Control) Rules, 2000 

Coastal Regulation Zone Notification, 2018           

The Energy Conservation Act, 2001

The Biological Diversity Act, 2002

The National Green Tribunal Act, 2010

The Wildlife (Protection) Act, 1972

The Wildlife (Protection) Amendment Bill, 2021 

Landmark cases on environment legislation in India

J.C. Galstaun v. Dunia Lal Seal (1905)

Rural Litigation And Entitlement Kendra, Dehradun v. State of U.P. & Ors. (1985)

M.C. Mehta & Another vs. Union of India & Others & Shriram Foods & Fertilizer Industries & Another v. Union of India & Others (1987)

M.C. Mehta v. Union of India (1997)

M.C. Mehta v. Union of India (1988)

Subhash Kumar v. State of Bihar (1991) 

M.C. Mehta v. Kamal Nath & Ors. (1996)

Samir Mehta v. Union of India (2017) 

A global perspective on environment laws

United Nations Conference on the Human Environment, Stockholm, 1972 

World Conservation Strategy: Living Resource Conservation for Sustainable Development, 1980

Brundtland Report, Our Common Future, 1987

United Nations Conference on Environment and Development (UNCED), The Earth Summit, Rio de Janeiro, 1992

Earth Summit +5, United Nations General Assembly, New York, 1997

World Summit on Sustainable Development, Johannesburg, 2002

Conclusion 

Frequently Asked Questions (FAQs) 

Who is in charge of making environmental laws in India?

Does India follow strict environmental laws? 

Why does it seem like environmental laws fail most of the time?

References 

Introduction 

Environmental law is an integral part of any government agency. It includes a series of laws and regulations related to water quality, air quality, and other environmental aspects. The success of environmental legislation mainly depends on how they are implemented. Legislation is also a valuable tool to educate people about their responsibility to maintain a healthy environment. Environmental law in India is based on principles of environmental law and focuses on the management of certain natural resources such as minerals, forests, and fisheries. Environmental law in India directly reflects the provisions of the Constitution. The need to protect and maintain the environment and make sustainable use of natural resources is reflected in India’s constitutional framework and India’s international obligations.

However, after so many initiatives in the field of environmental law to set up sustainability, India’s growing economy still lacks to deal with environmental issues. Moreover, Indian regulators are trying to revise its existing environmental rules and acts, which may result in more stringent company requirements. But, these initiatives will not work if we as a society don’t focus on them. People’s awareness plays a significant role in such policy development, which is why we need to come together to work on these major issues. Government and non-government organisations need to work together to solve environmental issues, and there should be a stricter policy regarding environmental legislation.

What is environmental legislation  

Environmental legislation is a collection of laws and regulations related to water quality, air quality, endangered wildlife, and several other environmental factors. Environmental legislation covers many laws and regulations, but they all work towards a common goal of regulating human-nature interactions to reduce threats to the environment and improve public health. As we can imagine, environmental legislation is broad, mainly because the natural environment encompasses several aspects. All this means that environmental law must take into account everything from the air we breathe, to the natural resources we depend on, to the flora and fauna that share this world with us. 

After so much interconnection with each other, it becomes important for us to understand environmental legislation because we all share the same resources.

Climate change in India  

If we take the example of India, then it is one of the countries most affected by climate change. About half of India’s population depends on agriculture or other climate-sensitive sectors. About 12% of India is prone to floods and 16% to droughts. India is now the world’s third-largest emitter of greenhouse gases after China and the United States. From 1990 to 2009, India’s annual emissions nearly tripled, from less than 600 tons to more than 1,700 tons. From 2008 to 2035, India’s annual carbon emissions are expected to increase nearly 2.5 times. Net greenhouse gas emissions from India’s land use, change, and forestry in 2007 was 1,727.71 million tons of carbon dioxide. While the energy sector accounts for 8% of net CO2 emissions, the industrial sector, agriculture, and waste sectors account for 22%, 17%, and 3% of net CO2 emissions, respectively. As a result, climate change and energy are now the focus of local, state, and national concerns around the world. While India has previously emphasised that it is a developing country with historically low per capita emissions rates and is not responsible for past greenhouse gas emissions, India has now become a key player in international negotiations. It has begun implementing a diverse set of laws, improving energy efficiency, developing clean energy and preparing for the impacts of climate change nationally and individually. 

new legal draft

On the other hand, India is considered to be a land of spirituality and philosophy and is also the land of rivers as it has 14 major rivers, 44 medium rivers, and 55 minor rivers. From the Ganges in the north to Kaveri in the south, the waterways are considered sacred by most devout Hindu pilgrims, as religious texts say the Ganges can purify the sins of the bathers. It is said that the sight of Narmada is enough to purify the waters. However, India’s rivers are increasingly becoming dumping grounds for domestic, industrial, and agricultural waste. A polluted environment threatens human existence on earth, thereby endangering human beings. A country’s borders cannot limit these environmental issues to a specific country or region, but their impact is global. This massive environmental degradation has drawn global attention to protecting and preserving the earth’s environment.

Therefore, efforts are being made to inculcate environmental awareness among the masses. Education makes people more aware of the environment and environmental issues. Existing policies, laws, precedents, regulations, norms, decisions, etc., already constitute a large and complicated apparatus of documents and powers conferred on specific institutions or persons. However, the current laws also seem unable to solve the problem and that more may be needed, the question inevitably arises as to how much resources, wealth, energy, and intelligence India should devote to this regulation and control task. 

Need for environment legislation

The genesis of various national legislations lies in environmental issues. There should be effective legislation to protect the environment; otherwise, the growing population will create havoc and will destroy the environment. Another important aspect is the enforcement of these laws. We must vigorously and effectively enforce the law to protect our environment from further degradation and pollution. Pollution is an important factor, ignoring political territory and legislative jurisdiction. Therefore, environmental problems are global in nature. To prevent such problems, it is not only necessary to enact environmental laws at the national level but also the international level.

While modern society is increasingly concerned about global environmental issues, developing countries also have their complex, severe, and rapidly growing pollution problems. The potent combination of industrialization development and mass consumption trends is exacerbated by foreign companies operating with little regard for the impact on the local environment. Pollution is not just a health issue; it is a broader social issue, as pollution has the potential to destroy families and communities. Pollution issues are also closely related to the mode of development in developing countries. Nonetheless, many developing countries either do not have pollution control policies or do not have sufficient enforcement structures to ensure that policies are effective.

The combination of rapid industrial development (especially petrochemical and heavy industry), strong economic growth, and unprecedented urban expansion have substantially increased pollutant emissions.

Purpose of environment legislation

The importance of environmental legislation is that environmental protection cannot be achieved without appropriate regulations and laws. Raising environmental awareness and promoting environmental education are the means by which people do not destroy the environment but protect it for the future. However, it is the legislation that ensures that environmental protection is actually implemented in everyday life. Legislation requires businesses, companies, the public, industries, etc., to protect the environment and prevent environmental degradation. It provides severe penalties for those who do not abide by the laws and rules. Ultimately, this type of enforcement ensures that ideas and plans are turned into practical efforts to protect the environment. At the international level, several environmental treaties and conventions attempt to address environmental issues. With the Stockholm Conference on the Human Environment (1972), the United Nations began to emphasize environmental aspects. Since then, several nations have adopted seventy international treaties, declarations, charters, agreements, and so on. These efforts were made to safeguard the environment and balance human development with environmental conservation.

Laws related to environment in India 

At the national level, some remarkable efforts have been made to improve and protect the environment by incorporating Amendments into the Indian Constitution. Our Constitution initially did not directly provide for the protection of the natural environment. However, following the United Nations Conference on the Human Environment in Stockholm in 1972, the Indian Constitution was amended to include environmental protection as a constitutional mandate. The 42nd Amendment clause (g) of Article 51A of the Constitution of India states that protecting and improving the natural environment is a fundamental duty. Every citizen of India has a duty to protect and improve the natural environment, including lakes, forests, wildlife, and rivers, and to be sympathetic to living things. A policy or directive is empowering the state as one of the Directive Principles of State Policy sets out to protect and improve the environment. 

Article 48A stipulates: The state strives to protect and improve the environment and secure the country’s forests and wild animals. The Ministry of Environment was established in India in 1980 to ensure a healthy environment in the country. Later, this became the Ministry of Environment and Forests in 1985. The Ministry has overall responsibility for the management and enforcement of environmental legislation and policies. Constitutional provisions are backed by a series of laws – Acts and Rules. Most of our environmental laws are Acts of Parliament or State Legislatures. These Acts generally give regulators the power to make regulations to enforce them. The Environmental Protection Act (EPA) of 1986 came into effect shortly after the Bhopal Gas tragedy and is considered protective legislation because it filled many gaps in existing legislation.

Since then, a significant number of environmental law has been enacted to deal with specific environmental issues. In Delhi, for example, CNG was recently mandated for public transport vehicles. This reduces air pollution in Delhi.

Environment laws in India

There are so many environmental laws in force in India, and some are as follows: –

The Public Liability Insurance Act and Rules 1991 and Amendment, 1992 

The Public Liability Insurance Act and Rules, 1991 and Amendment, 1992 were introduced to provide public liability insurance to persons in accidents impacted unintentionally while taking care of any perilous substance.

The National Environmental Tribunal Act, 1995, Amendment, 2010 

The Act seeks to provide compensation for damages to persons, property damage, and environmental damages caused by activities involving hazardous substances. The three main goals are:

Efficiently and expeditiously handle cases related to environmental protection and protection of forests and other natural resources. All previously pending cases are also being heard by the Tribunal.

It aims to enforce all legal rights related to the environment. 

It also accounts for providing compensation and relief to the people who are affected by the damage.

The salient features of the Amendment are as follows:

The Amendment provides every citizen of India the same opportunity to apply to the National Green Court. 

Ensure that the principles of sustainable development, the precautionary principle, the polluter pays principle, and intergenerational equity are taken into account by courts in hearing appeals and delivering judgments.

The National Environment Appellate Authority Act, 1997

The National Environmental Appellate Authority Act, 1997 was created to hear appeals related to restrictions of areas in which classes of industry, etc., are prescribed certain safeguards under the Environmental Protection Act. 

The Biomedical Waste (Management and Handling) Rules, 1998 

Biomedical waste refers to any waste, including the categories listed in the Rules, generated during the diagnosis, treatment, or immunisation of humans or animals, related research activities, or the production or testing of biological waste. The Biomedical Waste (Management and Handling) Rules, 1998 simplify the process of handling hospital waste, such as a disposal, collection, and sorting.

The Environment (Siting for Industrial Projects) Rules, 1999

The Environment (Siting for Industrial Projects) Rules, 1999 set out detailed provisions on the areas to be avoided for the establishment of industrial plants, the precautions to be taken in site selection, and the environmental protection aspects to be considered while implementing industrial development projects.

The Municipal Solid Wastes (Management and Handling) Rules, 2000

These Rules apply to each municipal authority. They must ensure that solid waste generated by the city/municipality is handled in accordance with rules and regulations for collection, separation, storage, transportation, processing, and disposal.

The Batteries (Management and Handling) Rules, 2001

The Central Government considers battery waste management more important than battery production, so the Ministry of Environment and Forests (MoEF) has notified the final rule regulating the collection and recycling of all used lead-acid batteries in India, called The Batteries (Management and Handling) Rules, 2001, on 16 May 2001. The Act applies to battery management under the Environment (Protection) Act 1986 and extends throughout India. As the issue of battery waste disposal has become a global issue, it is only the right step for India to prevent it from damaging our air, water, or soil.

The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

These rules stipulate the necessary conditions to reduce noise pollution and allow the use of loudspeakers or public address systems during cultural or religious celebrations at night (between 10:00 p.m. and midnight).

Here are the key features of the Amendment:

Loudspeakers, sound systems, or amplifiers should not be used at night except in enclosed spaces such as auditoriums, meeting rooms, community halls, banquet halls, etc., or during public emergencies.

Noise levels at public spaces where loudspeakers or public address systems are being used should not exceed 10 dB or 75 dB of the area’s ambient noise standard, whichever is less.

No horn should be used in the residential area except during an emergency.

Sound emitting construction equipment will not be used at night. 

The Air (prevention and control of pollution) Act, 1981 

The Act aims to control and prevent air pollution in India, and some of its main objectives are:

Prevent, control, and reduce air pollution.

To provide for the establishment of boards to enforce the law at the federal and state levels. Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB) were given the responsibility. 

It is stipulated that air pollution sources such as internal combustion engines, industries, vehicles, and power plants shall not contain particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxides, or volatile organic compounds (VOCs) or other toxic substances exceeding specified limits. It empowers state governments to designate air pollution areas.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) 

The Act recognizes and grants the forest rights and occupation in forest lands to Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) who have lived in such forests for generations. The Act is chaired by the Department of Tribal Affairs. The law also stipulates the responsibilities and powers for the sustainable use of FDST and OTFD, the protection of biodiversity, and the maintenance of ecological balance. It strengthens forest protection systems while ensuring livelihoods and food security for FDST and OTFD. It aims to correct the colonial injustice of the FDST and OTFD, which are critical to the survival and sustainability of forest ecosystems. The law identifies four types of rights:

Title rights: It gives the FDST and OTFD the right to own land cultivated by tribes or forest dwellers up to a maximum area of 4 hectares. Ownership only applies to the land cultivated by the relevant family and does not grant new land.

Right to use: Dweller rights extend to the extraction of smaller forest products, pastures, pasture paths, etc.

Forest management rights: It includes the right to protect, regenerate, conserve or manage all community forest resources that traditionally protect them and preserve them for sustainable use.

Relief and development rights: Rehabilitation i