Environmental laws in India

:
Challenges for Enforcement
-VK Agarwal
 Abstract
O There is no dearth of legislations on
environmental protection in India but
their enforcement has been far from
satisfactory.
O Caring for regulating and protecting
the environment is essentially a
desire to see that national
development should proceed along
the rational sustainable laws.
 Introduction
O Prior to the existence of environmental laws,
the environment was severely degraded.
O The need for regulation was seen necessary
after the tort law failed to protect the
environment.
O Today ,the Conservation,Protection and
Improvement of human environment are
major issues all over the world.
O The Abstract describes about the outline of
Indian laws and issues related to
enforcement.
 -
O Stock Holm declaration of 1972 .
O Article 48-A and 51 A(g) of our constitution is
an attempt.
O Many public interest litigations have been
instituted in the supreme court against many
industries failing to control pollution.
O Water Act-1974,Cess Act-1977, forest act
1980,Air Act-1981,Environment protection
act-1986,
O Public liability insurance act(1991),The
national environment Tribunal Act 1995
 Judicial contribution

O Taj Mahal case

O Dehradun Valley case
O Smoking in public places
O Pollution in Delhi
O Sri Ram Food and Fertilizer Case
O Public health
O Public park
 Sustainable
development
O The Precautionary principle and the
polluter pays principle are
established for sustainable
development
O Polluter is liable to pay the cost to
the individual sufferres as well as the
cost of reversing the damaged
ecology .
 Environment courts
O The Environment Court of New Zealand is a
specialist court for plans, resource consents
and environmental issues. It mainly deals with
issues arising under the Resource Management
Act, meaning that it covers a wide range of
potential future effects of planning
applications, which can include such areas as
traffic congestion, noise/pollution emissions
and social and commercial consequences,
rather than just the 'ecological' aspects that
could be implied by the 'environmental term
 Conclusion

O We Have more than 200 central and state

legislations-dealing with environmental
issues. A comprehensive law is needed for
strict enforcement.
O Enforcement of environmental laws should
be ensured by a vigilant panel consisting of
Naturalist , biologist and ecologist.
O Decentralisation of the powers should be
made to ensure strict implementation and
proper punishment to criminals and
compensation who Damage environment.
O Initiative to set up separate
machinery for speedy of
environmental problems
O Public Liability Insurance Act should
cover the entire victims.