As a child we knew that everything and anything that

surrounds us is called environment. It’s our duty to protect our

environment nowadays it is been seen that our environment is
been degrading. Animals, trees and plants are the most
important components of our environments. To protect our
environment from degrading our government has enacted
laws and acts to be followed by us provide us with better
surroundings.

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The Wildlife Protection Act, 1972

The Wild Life (Protection) Act, 1972 was enacted with the
objective of effectively protecting the wild life of this country
and to control poaching, smuggling and illegal trade in
wildlife and its derivatives. The Act was amended in January
2003 and punishment and penalty for offences under the Act
have been made more stringent. The Ministry has proposed
further amendments in the law by introducing more rigid
measures to strengthen the Act. The objective is to provide
protection to the listed endangered flora and fauna and
ecologically important protected areas.
The Forest Conservation Act, 1980
The Forest Conservation Act, 1980 was enacted to help
conserve the country's forests. It strictly restricts and regulates
the de-reservation of forests or use of forest land for non-
forest purposes without the prior approval of Central
Government. To this end the Act lays down the pre-requisites
for the diversion of forest land for non-forest purposes.
Public Liability Insurance Act, 1991
The Public Liability Insurance Act, 1991 was enacted with the
objectives to provide for damages to victims of an accident
which occurs as a result of handling any hazardous substance.
The Act applies to all owners associated with the production
or handling of any hazardous chemicals.)
The Biological Diversity Act, 2002
The Biological Diversity Act 2002 was born out of India's
attempt to realise the objectives enshrined in the United
Nations Convention on Biological Diversity (CBD), 1992
which recognises the sovereign rights of states to use their
own Biological Resources. The Act aims at the conservation
of biological resources and associated knowledge as well as
facilitating access to them in a sustainable manner. The
National Biodiversity Authority in Chennai has been
established for the purposes of implementing the objects of
the Act.
Coastal Regulation Zone Notification
The Ministry of Environment and Forests had issued the
Coastal Regulation Zone Notification vide Notification no. S
O. 19(E), dated January 06, 2011 with an objective to ensure
livelihood security to the fishing communities and other local
communities living in the coastal areas, to conserve and
protect coastal stretches and to promote development in a
sustainable manner based on scientific principles, taking into
account the dangers of natural hazards in the coastal areas and
sea level rise due to global warming.
The Constitution of India 1960
The Constitution of India 1960 makes it the “duty of every
citizen of India to protect and improve the natural
environment, including forests, lakes, rivers and wildlife, and
to have compassion for all living creatures.” This
Constitutional duty of animal protection is supplemented by
the Directive Principle of State Policy under Article 48A that:
The State shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife of the
country.
Both the above constitutional provisions were introduced by
the 42nd Amendment in 1976. While they are not directly
enforceable in Indian courts, they lay down the groundwork
for legislations, policies and state directives in furtherance of
animal protection at the Central and State levels. Moreover,
they may be enforced in courts by taking an expansive judicial
interpretation and bringing them within the ambit of the
fundamental Right to Life and Liberty under Article 21 which
is judicially enforceable.
The Prevention of Cruelty to Animals Act, 1960
The basic cruelty law of India is contained in the Prevention
of Cruelty to Animals Act 1960. The objective of the Act is to
prevent the infliction of unnecessary pain or suffering on
animals and to amend the laws relating to the prevention of
 cruelty to animals. The Act defines “animal” as any living
creature other than a human being.
In accordance with Chapter II of the Act, the Government of
India established the Animal Welfare Board of India (AWBI)
with some of the following functions:
1. Advising the central government regarding amendments
and rules to prevent unnecessary pain while transporting
animals, performing experiments on animals or storing
animals in captivity.
2. Encouragement of financial assistance, rescue homes and
animal shelters for old animals.
3. Advising the government on medical care and
regulations for animal hospitals.
4. Imparting education and awareness on humane treatment
of animals.
5. Advising the central government regarding general
matters of animal welfare.
The Act enumerates different variants of cruelty to animals
under Section 11 as the following actions:
a) Beating, kicking, overriding, overloading, torturing and
causing unnecessary pain to any animal.
b) Using an old or injured or unfit animal for work (the
punishment applies to the owner as well as the user).
c) Administering an injurious drug/medicine to any animal.
d) Carrying an animal in any vehicle in a way that causes it
pain and discomfort.
e) Keeping any animal in a cage where it doesn’t have
reasonable opportunity of movement.
f) Keeping an animal on an unreasonably heavy or short chain
for an unreasonable period of time.
g) Keeping an animal in total and habitual confinement with
no reasonable opportunity to exercise.
h) Being an owner failing to provide the animal with
sufficient food, drink or shelter.
i) Abandoning an animal without reasonable cause.
j) Willfully permitting an owned animal to roam on streets or
leaving it on the streets to die of disease, old age or disability.
k) Offering for sale an animal which is suffering pain due to
mutilation, starvation, thirst, overcrowding or other ill-
treatment.
l) Mutilating or killing animals through cruel manners such as
using strychnine injections.
m) Using an animal as bait for another animal solely for
entertainment.
n) Organizing, keeping, using or managing any place for
animal fighting.
o) Shooting an animal when it is released from captivity for
such purpose.
Article 48A: This Article comes under the Directive principle
of the State policy. This article implies that State shall
endeavor to protect the environment. It also emphasizes on
safeguarding the forests and wildlife of the country. Article
48A imposes a duty on State to protect the environment from
pollution by adopting various measures. Article 51A (g): The
Article 51 A(g) states that it shall be the duty of each and
every citizen of India to protect and improve the natural
environment that includes lakes, rivers, forests and wildlife.
This Article also focuses on showing compassion for living
creatures. This article is similar to Article 48A, but the only
difference is that it concentrates on fundamental duty of
citizens whereas Article 48A instructs the state to perform
their duties and protect environment. Hence, it is our duty to
not only protect the environment from pollution but also
improve its quality. Article 253: This Article gives power to
Parliament to create laws for the country in order to
implement any treaty conventions and agreement with other
countries. By this article, Parliament enacted various laws in
order to protect environment like - Water Act 1974, Air Act
1981 and the Environmental Protection Act 1984. Article 246:
The Article 246 divides the subjects of legislation between
Union and State. It also provides the details of Concurrent list
in which both the Union and State make laws by sharing the
jurisdiction comprising the protection of mines, wildlife and
minerals development. So, both State and Union have power
to enact laws to protect the environment. Article 246 also
provides the extra power to Parliament in order to make laws
in State list for the National interest. Article 47: This article
imposes duty on the State in order to improve the standards of
living of citizens by providing health facilities, proper
nutrition, and sanitization and protect the environment to live
safely. Article 47 also pressurizes its citizens to be more
conscious of the environment. Article 21: It states that right to
life is not just for animals but it also provides the right to
humans to live safely in an environment with basic human
dignities. Because. In M.C. Mehta vs. Union of India,
Supreme Court had stated that the right to live includes living
in a pollution-free environment and be free from diseases.
Article 19(1) (g): It states that citizens cannot practice such
trade or business activities which are hazardous to public
health. Article 32 & 226: This article provides right to citizen
to approach to Supreme or High Court whenever there is
violation of fundamental right by PIL (Public Interest
Litigation). This article helps preserve the environment and
maintain ecological balance. This Article also dictates that
environment conservation is not just the duty of government
but also the responsibility of citizens of India.
1. The National Green Tribunal Act, 2010 The National Green
Tribunal Act 2010 provides the effective and expeditious
disposal of cases related to conservation of forests,
environmental protection and enforcement of any legal right
relating to the environment. The Act also gives proper
compensation and relief for damages to persons and property,
and connected matters. The Act contains proper clauses on the
jurisdiction, powers and proceedings of the tribunal and
penalties of contravention.
2. The Air (Prevention and Control of Pollution) Act, 1981
The Air (Prevention and Control of Pollution) Act, 1981 is a
law passed by the Parliament of India in order to prevent and
control the harmful effects of air pollution in India. The
Government had passed this Act in 1981 in order to clean up
the air by controlling pollution level. According to the Air
(Prevention and Control of Pollution) Act, 1981, power
plants, vehicles and industries are not allowed to release
particular matter, lead, carbon monoxide or other toxic
substances beyond a prescribed level. 3. The Environment
Protection Law, 1986 The Environment (Protection) Act,
1986 is one of the environmental law bare acts that provides
the protection and improvement of the environment. Here, the
term ‘Environment’ includes components like air, water and
land and also the relationship between them including human
beings, microorganisms and plants. The Environment
Protection Act, 1986 had enacted this law at the United
Nations Conference in order to protect the human
environment.
4. The Hazardous Waste Management Regulations Hazardous
waste means any waste which can cause danger to health or
environment due to its physical, chemical, reactive, toxic,
explosive or corrosive characteristics. There are several
legislations that directly or indirectly deal with hazardous
waste management as discussed below: • Hazardous
Wastes (Management, Handling and Transboundary) Rules,
2008: It guides about the manufacture, storage and import of
hazardous chemicals for managing hazardous wastes. •
Biochemical Waste (Management and Handling) Rules,
1988: These rules were formulated for proper disposal,
segregation and transport of infectious wastes. • Municipal
Solid Wastes (Management and Handling) Rules, 2000: It
aims at enabling municipalities to dispose off municipal solid
waste in a scientific manner. As we all are responsible for
damaging the environment, hence it is really important that
we follow environmental laws and also spread environmental
awareness with others. We should not let our future
generations suffer from our own bad deeds. Other than
following environmental laws and policies, we must also look
forward to contribute our bit towards nature conservation like
- planting more trees, making less usage of cars etc.