Environmental Laws in India

Environmental Laws in India

 

We humans survive basically on nature and its resources. But as we are growing and developing we in turn are exploiting available resources and acting so ignorantly that every wrong step is like a hit of spade at our own graves, especially India as a growing country is truly exploiting its resources at a very fast pace. According to the 2019 report, the total forest cover of the country was 712,249 square kilometres (21.67 percent of India's total geographical area) slightly up from 708,273 sq. km (21.54 percent) in 2017. India has some of the world's most biodiversity Eco-zones - desert, high mountains, highlands, tropical forests, swampland, grasslands, areas surrounding. Majority of rational people here wants to earn big and for that they are ready to go to any extent and it’s not only their greed that is affecting environment but also their ignorance that is affecting it adversely.

As a citizen of India, they should know that it is their Fundamental Duty to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures (given in Article 51A(g) of Indian constitution).

Under Article 48A of the Indian Constitution (DPSP), states that should endeavor to protect and improve the environment and to safeguard forests and wildlife countries. So as an Indian Citizen, they should keep in mind that they too have some responsibilities towards the environment they live in.

Several legislation for protection of environment existed before the independence of India but highly recommended work in this field was the UN Conference on the Human Environment, 1972 after which the National Council for Environment Policy set up in 1972 which later evolved into “Ministry of Environment, Forest and Climate Change”. It tackles problems like environmental protection and pollution control, this ministry was formed in 1985 and its works for planning, promoting, coordinating and overseeing the implementation of environmental and forestry programs in the country and perform activities such as conservation of forests and flora and fauna of the country prevention and control of pollution, afforestation and also administers 1947 national parks of India.

Website: http://moef.nic.in

Now we will look at the various Environmental Laws in India:

1.   National Green Tribunal Act, 2010:- India which enables the creation of a special tribunal to handle the expeditious disposal of cases related to environmental laws. It was enacted on 5th May 2010 and assigned on 2nd June 2010. It draws its inspiration from Article 21 of the Indian Constitution which relates to the protection of life and personal liberty and also includes the right to a healthy environment. This tribunal ensures that the matters related to the environment are heard at a faster rate and shall work to dispose of any application or appeal within 6 months from the filing of the same. NGT is guided by the principle of natural justice and is not bound by any procedure of Civil Procedure Code, 1908. It’s Principle Place is New Delhi and another place of the sitting shall be Bhopal, Pune, Kolkata, and Chennai.

2 . The Water (Prevention and Control of Pollution) Act,1974:- This is an act for the prevention and control of water pollution and to maintain the quality of water throughout the country. It aims at the establishment of Pollution Control Boards (PCBs) at central and state level for carrying on activities which are aimed by this board. Central boards lay down standards of water quality and state boards work under the direction of central boards. Further, the Water (Prevention and Control of Pollution) CESS Act was enacted in 1977 to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities. This cess is collected to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. Some of the prohibitory activities under this act are:-

1. No person must knowingly cause or permit any poisonous, noxious or polluting matter (determined under standards laid down by the Pollution Control Boards) to enter, directly or indirectly, into any stream, well or sewer, or on land.

2. Similarly, a person must not cause or permit any other matter to enter into a stream, which may (directly or with similar matter) impede the proper flow of the water of the stream, in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or its consequences.

On non-compliance of this act, the companies violating it may be ordered to clean up the water bodies which are being polluted by them or even closure or stopping electricity or water supply of the company may be ordered.

On non-compliance of closure or stoppage order, the violator is liable to imprisonment for a term of at least one and a half years up to six years and a fine. If the breach continues, an additional fine up to INR 5,000 for every day of non-compliance can be imposed.

3. The Air (Prevention and Control of Pollution) Act,1981:- It is an act of parliament specifically for prevention and control of air pollution and also for the establishment of boards at Central and State levels similar to the Water (Prevention and Control of Pollution) Act,1974 for performing desired functions and give such boards powers to do so. Central Boards ensures that laws are implemented properly and also advises Central Government on matters concerning improvement of air quality and provides assistance to state boards in laying down standards of quality of air and collecting data for the same. The Air Act is the same as the Water Act in terms of prohibitory activities under this Act and the compensation and penalties are also the same.

There are several other laws to protect the Environmental Laws in India we will discuss in the upcoming  blog.  In the end as responsible human beings 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.

"Someone's sitting in the shade today because someone planted a tree a long time ago." 

― Warren Buffett