ASSIGNMENT 06

1. What would have resulted if there had been no legislation related to environment?
a. The importance of environmental legislation is in that without adequate
regulations and laws, environment conservation cannot be realized.
b. Creating environmental awareness and promoting environmental education
are the means to ensure that humans do not degrade environment but
conserve it for the future.
c. However, it is the legislation that ensures ‘environmental conservation’ is
actually practiced in daily life. Legislation requires companies, businesses, and
the general public to safeguard their environment and prevent its degradation;
it lays down strict punishment for those failing to obey laws and rules. It is
ultimately this kind of enforcement that can ensure that ideas and schemes
get translated into actual efforts to conserve the environment.
d. Countries have evolved their own laws to prevent environmental degradation.
e. At the international level, environmental treaties and conventions have sought
to address the environmental concerns. With the Stockholm Conference on
the Human Environment (1972), the UN began to emphasize on environmental
aspects.
f. Since then, nations of the world have adopted over 70 international treaties,
agreements, charters and declarations to protect the environment of the
world and attempt to balance human development with environmental
conservation.

2. How would you use the Water Act 1974 to punish the polluters?
Section 42 of the of the Water (Prevention & Control of Pollution) Act, 1974 states
penalties and fines for certain acts including pulling down pillars, Obstructs any person
acting under the orders or direction of the Board, Damages any works or property
belonging to the Board and Failure to furnish any officer other employee of the Board
any information required. The fine and penalty includes Imprisonment for a term
which may extend up to three months or with fine to Rs. 10,000/- or both

3. What are the elements of Environment Protection Act 1986?

According to the Environmental (Protection) Act 1986, the term environment includes
water, air, land and the interrelationship which exist among and between water, air, land
and human beings, other living creatures, micro-organism, plant and property.
a. The salient features of the act are: The central government shall have the
power to take all such measure as it deems necessary or useful for the purpose
of protecting and improving the quality of the environment and preventing,
controlling and decreasing environmental pollution.
b. No person carrying on any industry, operation or processes shall discharge or
emit any environmental pollutants or permit to do so in excess of such
standards as may be prescribed.
c. No person shall handle or cause to be handled any hazardous substances
except in accordance with such procedure and after complying with such
safeguards as may be prescribed.
d. The central government or any officer empowered by it, shall have power to
take, for the purpose of analysis, sample of air, water, soil or other substances
from any premises, factory etc. as may be prescribed.
e. Whoever fails to comply with or violate any of the provisions of this Act or the
rules made or orders or directions issued there under shall in respect of each
such failure or violation be punishable with imprisonment or with fine or with
both.