ENVIRONEMENTAL LAWS & POLICIES

I. Genesis of Environmental
Laws in India
• The Environmental law in India protects the
environment – pollution prevention of air,
water, Soil, noise, forests and wild life, &
Protection of ancient monuments .
• Awareness of environment through
education and public awareness has
increased.
• Most of the laws were codified by the
British for Environmental Protection by
preventing discharge of pollutants,
limiting /banning their discharge,
prevention of poaching and felling of trees: -
Some of British codified laws that
are codified by British are
– Shore nuisance Act 1853
– Indian forest Act 1865
– Wild birds & Animal Protection Act
1912
– Explosive substance Act 1908 &
– The poison Act 1919
II. The Stockholm Declaration,
1972
 The Stockholm Declaration (1972)

• Held At Stockholm (Sweden) at the UN

Conference on human environment &
Development in 1972.
• It is magna carta of Environmental Law.
• About 26 principles related to environment &
development were laid down in this conference.
• After the conference, India made 42nd
amendment in the constitution, & incorporated
article 48 A& Article 51A (g).
III. Constitutional Provisions for
Environment Protection
• Constitutional Provisions for Environment Protection:

• Article 21 : The ‘Right to Life’ – The constitution of India

provides us - The right to live in a clean & healthy
environment.
• Article 38: social order for the welfare of people
through unpolluted & clean environment.
• Article 51 A (g):
– It shall be the duty of every citizen of India to Protect and
improve the natural environment – forests, lakes, rivers,
wild life, and have compassion for living creatures.
– It is fundamental duty of citizen but not
enforceable as Law.
Constitutional Provisions for Environment Protection:

• Article 48A: comes under PART IV of

‘Directive Principles of the constitution’.
– For protection and improvement of the
environment & safeguard forests, wild life of India
– Protectionist Policy : imposes a ban on those things
that have environmental degradation ex: ban on plastic
bags , leaded petrol etc.
– Improvinstic policy: refers to the alternatives that
can be used for improvement of environment
IV. Acts for Environmental
Protection
Acts for Environmental Protection

• The Water(prevention & control of pollution)

Act – 1974:
– For the prevention & control of water pollution & for
maintaining or restoration of wholesomeness of water in
the country.
– The first law passed in India with objectives is to prevent
that domestic & Industrial pollutants are not to
discharged into rivers / lakes without adequate
treatment.
– To achieve its objectives CPCB & SPCB were
established.
 What can individuals do to prevent water
pollution?
1) Bring to the notice of concerned
authorities about water pollution . Ex:
one can write to CPCB, SPCB or even to
Press.
2) Do not dump wastes in to a
household or industrial drain- which
can enter in to any near by water
bodies – rivers, streams, pond, lake or
the Sea.
3) Use compost instead of chemical
fertilizers.
4) Avoid use of pesticides at home like
DDT, Melathion, Aldrin. Instead use
boric acid mixed with fluor or dried
neem leaves to keep away insects.
5) Do not use toilets for flushing down
the waste.
 THE AIR (PREVENTION AND CONTROL OF
POLLUTION) ACT -1981

• The objective of the Air Act 1981 is to prevent,

control reduce / abatement of air pollution
including noise pollution.
• Under provisions of this Act, no person shall,
without previous consent of the SPCB, establish
or operate any industrial plant in air pollution
control area
• The investor has to apply to the SPCB/CPCB to
consent.
• Preservation of quality of air.
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT -
1981

• No person operating any industrial plant shall emit any air

pollution in excess of the standards laid down by the SPCB
and have to comply with the stipulated conditions.
• This act was amended in 1987.
 The Environmental Protection Act: EPA-1986

• It was BHOPAL GAS TRAGEDY1984/Dec 3rd which spurred the

GOI to enact comprehensive environmental legislations,
including rules related to storing, handling, use of hazardous
waste.
• On the basis of these rules Indian parliament enacted
in1986 EPA.
• (Bhopal gas tragedy: occurred at BHOPAL, UCIL- Union
Carbide India Ltd. – a pesticide company due to leakage of
MIC gas, caused 3787 deaths, & effect on 5,00,000 people.)
The Environmental Protection Act: EPA-1986
 The noise pollution (Regulation & control) Rules 2000:
• There was no direct provision for noise pollution under the EPA
1986, or any other legislation.
• The increasing ambient noise levels in public places from various
sources like –industrial activity, generators, loud speakers, vehicles
horns –cause harmful effects on human health.

• The noise pollution regulation & control rules was framed by central
govt. in 2000.
• Ambient air quality standards with inclusion of noise
pollution was set.
• The permissible noise levels are set for-
–Industrial area,
–residential area,
– commercial, and
–silence zones(hospitals, courts, educational
institutions).
 Public liability Insurance Act 1991

• The act aims to provide relief to the persons affected by an accident occurring while

handling any hazardous substance.

• The every owner who ever shall handle hazardous substance shall take one or

more INSURANCE POLICIES- to guarantee the compensation resulting from

accident .

• The collector of the are is empowered to verify the occurrence of any accident.& inviting

applications from the victims.

• The central govt. also funds for compensation under ‘Environment relied fund’
• This act aims to provide :
– For Strict liability damages arising from any accident while
handling hazardous substances.
– For the establishment of National environmental tribunal for
effective, speedy, efficient disposal of the cases arising from such
accidents.
– helps the victims to get compensation and get relief at
early.
– The owner is made liable for strict enforcement incase of hazard to
the public.
– The claimant is not required to plead and establish that death /
injury/ damage in respect of which claim has been made due to any
wrongful act / neglect.
 V. Enforcement Agencies
(Pollution Control Boards &
National Green Tribunal)
Pollution Control Boards are statutory bodies (has
own laws for governance). They were constituted to
control pollution in 1974, thereby protecting the
atmosphere from further degradation.

Central Pollution State Pollution

Control Board (CPCB) Control Boards (SPCBs)
Central Pollution Control Board (CPCB)

 Functions:

1) Improve the quality of water streams in the country.

2) Improve the quality of air in the country.
3) Advise the Central Govt. on matters of pollution and
improvement of quality of air/water.
4) Provide technical assistance and guidance to the State
Pollution Control Boards.
5) Prepare guidelines related to treatment & disposal of
sewage & effluents.
6) Lay down or modify (in consultation with the State
Governments) the standard norms of pollution limits from
time to time.
State Pollution Control Boards (SPCBs)

 Functions:
1) Advise the State Govt. on matters of pollution and on
‘siting’ of industries.
2) To carry out inspection of polluting industries and
areas.
3) To lay down effluent & emission standards.
4) To issue consent to industries and other activities for
compliance of prescribed emission and effluent standards.
 National Green Tribunal (NGT)

• A tribunal (A tribunal, generally, is any person or institution

with authority to judge) is established for solving the
disputes related to some specific areas, where courts exists
formal judgment of all kinds of disputes regardless of any
specific area.
• Every court is a tribunal but tribunals are not courts.
• Rules of natural justice ensures fairness.
• Final judgment of a tribunal is called ‘award’.
• The NGT (National Green Tribunal) was
established on 18th October 2010 under
national green tribunal act 2010.
• For fast and efficient way of solving the
disputes related to environmental
issues- conservation of forests, natural
resources.
NGT.
.• it includes enforcement of any right relation to the
environment and giving relief & compensation for damage
to person / property.
• It is a specialized body with expertise to handle
environmental disputes with multiple issues.
• NGT makes efforts for disposal of appeals within 6 months.
• NEW DELHI is the principle place for sitting NGT, & other
places include- BHOPAL, PUNE,KOLKATA & CHENNAI.
 VI. Issues involved in
Enforcement of Environmental
Legislation
 Issues involved in enforcement of
environmental legislation
• The objective of any rule or Law is not to impose
restrictions on the individual but to ensure thesafety of
the individual
• Environmental legislations are to protect the environment
as a whole , health and the
earth’s resources.
• Legislation once introduced at state , national and global
levels, it can be implemented only with the support of
individuals.
• Citizens must learn to protect their environment.
• Well informed citizens not only have rights but also duties.
• They can join action groups to strengthen environmental
movements in country, state, town or village.
• Individuals can take one / several actions against the offenders
who, in their self interest damage the environment.
• The help of NGOs can be sought.
• It is possible to move courts by a PIL(Public Interest Litigation) &
even can approach the apex court- the supreme court of India.
 In Independent India, major legislations related to Environmental
Protection occurred after the Stockholm Declaration in 1972. This
conference had a significant impact in catalyzing the legal
framework for environmental protection in India.

 Constitutional provisions were made, Acts were enacted and

Enforcement Bodies were constituted in India after this
conference.

 The horrific incident of Bhopal gas tragedy of 1984 made India

enact a comprehensive environmental legislation called “The
Environment Protection Act, 1986.”
 Legal framework of Environmental Protection for Sustainable
Development in India

Constitutional Acts Enforcement

Provisions Bodies

• Article 21 • Water Act, 1974 • Pollution Control

• Article 38 • Air Act, 1981 Board (1974)
• Article 48A • Public Liability • National
• Article 51A(g) Insurance Act, 1981 Green Tribunal
• Environment (2010)
Protection
Act, 1986
• National Environmental
Tribunal Act, 1995