Environment Protection laws in India

 Environment Protection laws in India

Unequivocally the environment plays a pivotal role in the very survival and sustenance of  human life and various other  life forms on our planet. Ancient Indian history perpetually advocates its importance and one can find stories and manuscripts where the environment was worshiped as deity. We are all stuck in the quagmire of life and progress, oblivious of our roles and duty as individuals for this planet. Law and order are drafted and dedicated to protect society and citizens.

In the previous blog article “Environmental Laws in India” https://justpurenothingelse.blogspot.com/2020/06/environmental-laws-in-india.html. We have already discussed some laws of Environment in India. In this article, we will see some more basic laws that help us understand protection of our environment.

1. The Environment Protection Act, 1986:-This act came into existence after the unfortunate incident of The Bhopal Gas Tragedy; it was enacted to implement decisions of the UN conference on the Human Environment. It relates to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants, and property. Under this act Government of India is empowered to take necessary actions to protect and improve the environment and setting standards for emissions and discharges of pollution in the atmosphere by any person carrying on an industry or activity; regulating the location of industries; management of hazardous wastes, and protection of public health and welfare. Government issues various guidelines through this act and on contravention of rules and directions under this act, the violator will be punishable with imprisonment up to five years or with fine up to Rs 1,00,000, or with both. In case of continuation of such violation, an additional fine of up to Rs 5,000 for every day during which such failure or contravention continues after the conviction for the first such failure or contravention will be levied. Further, if the violation continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

2. The Hazardous Waste Management Act:-Hazardous wastes are toxic wastes with properties which make them harmful to human health or the environment. Various laws deal with hazardous wastes such as the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment Tribunal Act, 1995, and rules and notifications under the Environmental Act. Some of the rules dealing with hazardous waste management are:-

A. Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008, brought out a guide for the manufacture, storage, and import of hazardous chemicals and the management of hazardous wastes.

B. Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines, for proper disposal, segregation, transport, etc. of infectious wastes.

C. Municipal Solid Wastes (Management and Handling) Rules, 2000, aim at enabling municipalities to dispose of municipal solid waste scientifically.

3. The Wildlife Protection Actually, 1972:- The Wild Life (Protection) Act, 1972 was enacted to protect the wildlife of the country and control plunder, smuggling, and illegal trade activity in wildlife. The Act was amended in January 2003 and punishment and penalty under the Act have been made more rigorous. The Ministry has proposed further amendments to the law by introducing to strengthen the Act. The objective is to protect the listed endangered flora and fauna and ecologically important protected areas.

4. The Forest Conservation Act, 1980:- The Forest Conservation Act, 1980 was enacted to help conserve the country’s forests. The law restricts and regulates the de-reservation of forests or the use of forest land for non-forest purposes without the prior approval of the Central Government. This Act lays down the prerequisites for the diversion of forest land for non-forest motive.

 

5. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 :- It recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest areas inhabited by them and provides a framework for the same. The Indian Forest Act, 1927 integrates the law relating to forests, the transit of forest produce, and the duty leviable on timber and other forest produce.

So these were the basic laws in India which deal with environmental issues, following them is compulsory for the citizens, and violating them will lead to penalties and punishments. To ensure that these laws are conduct properly, our government has set up regulatory authorities such as:

1. Ministry of Environment, Forests and Climate Change (MoEFCC).

2. Central Pollution Control Board

3. State Pollution Control Boards

4. Municipal Corporations and State Public Work Department.

5. NGOs

All these regulatory authorities are responsible for the proper implementation of environmental laws throughout the country, even in the smallest areas. So, all these were basic environmental laws of India that every citizen should know to protect the environment and make a better place to live in.

Environmental Permits:-

To set up a company, Consent to Establish (CTE) and Consent to Operate (CTO) are required under Air or Water Act and it can be obtained by applying to State Pollution Control Board (SPCB), only in certain cases environmental clearance consent from Central level is required. An initial CTE is valid for one year (for example, during the construction of a site, but depending on the scale of the project this could be longer).CTOs under the Water and Air Act vary between three to five years.

Any complaints or suggestions regarding any environmental issue can be done by firstly filing a complaint to the Pollution Control Board. One cannot go directly to the court. Priorly giving six months notice to the polluter, one can file suit in court and PCB has to disclose all relevant information required to file suit. One can also file a PIL under Article 32 (before Supreme Court) or Article226 (before High Court) of the Constitution of India. After enactment of NGT Act, the matters related to Air and Water pollution, environment protection and various other laws listed in schedule-1 of NGT Act is to be heard by NGT and any Civil Court is not empowered to hear such issues, through the process of filing and rules remains the same. The order of NGT is binding and can be reviewed on application and appealed before the Supreme Court of India. NGT ensures speedy disposal of matters under its jurisdiction.

These laws are not only for the protection of the environment but also for the life of the citizens. Balance plays a vital role in the progress of human beings including our environment. We should take small steps to take care and preserve our environment.  As responsible citizens we should try our best to protect and improve the natural environment through any means, it could be even the smallest step of planting a sapling and protecting animals. Having said that planting a sapling does not free us from our duty, one must take care of it and make sure the sapling grows into a tree so that our action counts.  Ensuring our natural resources pollution-free should be our implied duty and responsibility. Our duty is to protect our flora and fauna with optimum care and safety. 

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