Published on 5th April 2025
Authored By: Sanjeeka Gupta
Amity University, Lucknow
Abstract
We must have read an article or two about environmental laws and how it protects and prevent our surrounding from any unnecessary and hazardous deteriorating waste. There are various problematic emission of pollution around. In the sense interconnected variety associated pollution emission is present, for instance: burning of fossil fuels, emissions from transport, Deforestation, Depletion of the ozone layer and climate change. Addressing environmental issues means highlighting different aspects of the problem that give boost to their own challenges. In India different laws are enabled for environmental related queries.
Pollution is defined as the contamination of various harmful pollutants in the environment. Pollution is assembled or categorized with SEVEN different types. Stated as: -WATER POLLUTION, AIR POLLUTION, NOISE POLLUTION, SOIL POLLUTION, THERMAL POLLUTION, RADIOACTIVE POLLUTION, LIGHT POLLUTION.[1]
Keywords: Environmental laws, Deforestation, Emission, Depletion of ozone layer, Pollution, Water pollution, air pollution, noise pollution, soil pollution, thermal pollution, radioactive pollution, Light pollution, pollutant.
Introduction
“If You Think Economy Is More Important Than the Environment, Try Holding Your Breath While Counting Your Money”[2]
“Earth provides enough to satisfy every man’s needs, but not every man’s greed.”[3]
The above-mentioned quotes defines the validate meaning of environment with connection to the values prescribed. Both the quote adjust the fit status of environment conditions in today’s generation. We must have heard or read about how the condition of our surrounding including some natural resources are getting worsen day by day if that’s possible.
This paper will further be analysing on both international as well as Indian environmental laws made to secure the varied depleting condition of the it. It will research through climate change laws and policies: global and national perspectives, Water pollution laws and regulations in India, Plastic waste management and laws on waste disposal.
In an era where the balance between development and nature has become increasingly precarious, environmental laws plays a crucial role in ensuring sustainable development.
In India, after a landmark case[4]environmental law was laid down for the safety and prevention of the environment. After the assisted judgement of the case the commencement and enactment of the act related law was established[5].
Environment law is not a cup of tea as it requires a lot of reasonings and set of rules and regulation to act upon. Every country had a set of abiding strict regulation regarding any harm on the environment. Environment law is also called umbrella act.[6]Environmental Protection Act 1986 is also the Umbrella Act because it provides the framework to the central government in order to make the coordination between the different states as well as the central authorities using different Act like Water Pollution Act etc.
Law And Legislation in India
Environmental Law can be explained as a legal setup contain principles, DPSP, policies, and regulations founded by different local, national, or international authorities. It is main focus to protect, conserve and maintain the environment verifying its suitability for both present and future generations.
As per Section 2(a) of the Environment Protection Act, 1986 environment includes Water, Air and Land and interlink which exists among and between Water, Air, land and human beings, other living animals, plants, microorganisms and so on.
Evolution Of Environmental Law.
The evolution of environmental law is divided into two stages: –
Evolution Before 1972– During this period, India mainly depended on an amalgamation of criminal laws, tort laws and regulations related to water and forests and specialized legislation to investigate environmental protection matters. It notable that there were comparatively restricted amendments in Indian Environment Law.
Evolution After 1972– The phase aligned with the outcome of the Stockholm conference and marked a significant growth in the field of international environment protection concerns, and India was no exception to this maturing awareness.
Stockholm Declaration: – It is a global agreement to protect human health and the environment’s health from the impact of constant organic pollutants. The convention was enforced on May 17, 2004.
The 42nd Amendment to The Constitution of India
The 42nd Amendment is a type of modification to the constitution especially for the environmental laws.
Article 48A(DPSP): Conservation and development of environment and safeguard of forest and wildlife.
Article 51A (Fundamental Duties): Every citizen has duties to conserve and develop the environment and keep safe wildlife and forests.
Article 47: The state shall try to protect and improve the environment and to protect the forest and wildlife.
Article14(Fundamental Right): Obligation on a state to exercise fairness in its environment protection measures.
Article 19 (1) and Article 19(g) [ Fundamental Right]: Right to serve in any trade, profession, business, and culture, but not harm the environment’s health. It implies basic limitations.
Article 21(Fundamental Right): Every person has the right to live in a clean and fair environment
Article 32 and 226(Fundamental Right): Right to constitutional remedies allows any person to file a writ petition for environment protection and PIL (public interest litigation) with the Supreme Court and High Court respectively.
Article 253: Parliament has the power to make any law for the whole or any part of the country for executing any agreement with any other country.
Principles For Environmental Laws
The principle requires that the environment is anti-discrimination into all other policy areas, in line with promoting sustainable development. This is the way to protect and conserve the environment by governments.
Polluter pay principle
Sustainable development
Precautionary principle
Public trust doctrine
Polluter pay principle: – Sanction to make the party responsible for producing pollution responsible for paying for the damage created to the environment.
Sustainable development: -Development that meets the needs of the present without compromising the ability of future generations to meet their needs.
Precautionary principle: – Notion which carries taking conservation action before there is execution of a risk.
Public trust doctrine: The state declares itself as a trustee, which works for the welfare of citizens and the environment at large. The main 3 limitations are:
- Property in hand should not only be utilized for the public.
- Public assets shall not be sold for compensation.
- Public property should be well maintained.
Law and Acts
The Wildlife (Protection) Act, 1972
Legal framework for the protection of various organisms of wildlife, operation of their control, regulation, and habitat of wild creatures and products made from them. It has 6 schedules that give varying degrees of protection.
- Schedule I & II gives absolutes conservation, offences under these are prescribed those highest penalties.
- Schedules III & IV work for conservation and protection of wildlife. Animals protected under Schedule III include Chital (spotted deer), Bharal (blue sheep), Hyena, and Sambhar (deer). Animals protected under Schedule IV include Flamingo, Hares, Falcons, Kingfishers, magpies, and horseshoe crabs.
- Schedule V includes common cows, fruit bats, rats, and mice, they are legally called vermin and may hunt free.
- Schedule VI specifies endemic plants that are banned from cultivation and planting.
The Wildlife Protection Amendment Bill,2021
The bill looks around to increase species protection and prevention under the law and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Wildlife (Protection) Amendment Act, 2022:
The Act seeks to increase the number of organisms protected under the law and tool CITES.
The number of schedules has been reduced to four:
- Schedule I includes animal species under the highest level of protection.
- Schedule II for animal species subject to less protection.
- Schedule III for protected plant species, and
- Schedule IV for scheduled specimens under CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora).
- The Act permits the use of elephants for ‘religious or any other purposes’.
- The penalties have also been increased for general and specially protected animal violations.
The Water (Prevention and Control of Pollution) Act, 1974
Enforced to prevent and control water contamination, this act provides power to authorities to observe water quality, with provisions for charging taxes to support pollution control. Regulatory authorities are: – central pollution control board and state pollution control board.
- CPCB and SPCB are statutory bodies created under the act. It set a standard for the industry, factory discharging pollutants into water bodies.
- CPCB conducts the function for union territories along with formulated policies related to the protection of water pollution and coordinating activities of different SPCBs.
- SPCB controls sewage and factory effluent discharge by granting consent for discharge.
The two houses of the parliament recently accepted the Water (Prevention and Control of Pollution) Amendment Bill, 2024.
The Air (Prevention and Control of Pollution) Act, 1986
The main aim is to prevent and control air pollution by establishing boundaries for many air pollutants and permitting authority to CPCB and SPCB for its executive.
The Environment Protection Act, 1986
Sanction the central government to improve and prevent environmental quality, prevent, and reduce pollution from all sources, and prohibit the operation of any industrial facility on environment.
The Energy Conservation Act, 2001
Focus on improvement of energy efficiency by formulating guidelines for equipment and appliances and maintenance energy prevention through certificates and energy functioning markers.
The Biological Diversity Act, 2002
The objective of the act is to the conservation of biological resources, manage their sustainable use, and establish a fair and equal share of benefits from the use and knowledge of biological resources with the local communities.
The National Green Tribunal Act, 2010
The tribunal is assigned to provide effective and impactful remedies in cases related to environment protection, prevention and conservation of natural resources and forests, and enforcement of any legal right relating to the environment.
The National Environment Tribunal Act of 1995
Implement a strict liability for damage arising from accidents caused by handling the harmful substance.
The National Environment Appellate Authority Act of 1997
Enforced for the aim of judging petitions concerning limitations placed on areas where certain business is required or administration precaution under the act.
Biomedical waste management and handling rules of 1998
It implements the regulation and management of biomedical waste produced throughout healthcare-related operations like segregation, collection, and disposal.
The environment siting for industrial project rules 1999
It selects suitable sites for factory amenities, with a strong emphasis on protecting and conserving of environment during the implementation of the project.
The Municipal Solid Waste Management and Handling Rules, 2000
The efficient administration of solid waste like disposal, preservation, collection, and segregation.
The Batteries Management and Handling Rules, 2001
Enforced under the Environment Protection Act,1986; these laws regulate the collection and reprocessing of used lead acid batteries to deal with battery waste management and its ecological effect.
The Noise Pollution Regulation and Control Amendment Rules,2010
Impose laws to reduce noise pollution and limit the use of loudspeakers during nighttime cultural or religious occasions.Scheduled tribes and other traditional forest dwellers recognize the of forest rights act,2006
The act was passed for legal recognition of the rights of traditional forest-dwelling communities and to correct the injustice that occurred by colonial-era forest laws.
The Forest Conservation Act, 1980
Designed to prevent forests and their ecosystem, it prohibits the modification of forest land for agriculture or commercial motives and enforces limitations on transformation to forest regions.
The ozone-depleting Substances Regulation and Control Rules,2000
Aim to regulate the use and reduction of ozone-depleting substances while elevating their responsible management.
Coastal Regulation Zone Notification,2018
It maintains the balance of advancement, addresses sea level rise due to global warming, and preserves biodiversity in coastal areas while promoting the livelihoods of local communities.
The Uttar Pradesh Groundwater Management and Regulations, 2019
It was enacted to protect, control, and conserve groundwater resources under the jurisdiction of up government.
Under the Indian Penal Code, section 188 makes stubble burning a crime. It was also notified as an offense under the (Air Prevention and Control of Pollution Act) of 1981.
The National Green Tribunal (NGT) also banned crop residue stubble burning in Uttar Pradesh, Punjab, Haryana, and Rajasthan on December 10, 2015.
In November 2019, the Supreme Court of India directed the governments of Punjab, Uttar Pradesh, and Haryana to pay farmers a financial incentive to stop the practice of stubble burning.
The Supreme Court also said that it is mandatory to have good health everywhere in Haryana, Delhi, and Punjab. It added that the central government should create or make a task force to stop farmers from burning stubble.
Solutions
- Non-governmental organizations (NGOs) can contribute to the improvement of the environment and environmental laws in various ways:
1.Advocacy and Awareness:
NGOs can raise awareness about environmental issues through campaigns, workshops, and educational programs to mobilize public support for environmental protection.
- Research and Monitoring:
Conducting research on environmental issues, collecting data, and monitoring environmental changes can provide valuable information to support evidence-based policy-making and advocacy efforts.
- Collaboration:
NGOs can collaborate with government agencies, businesses, and other stakeholders to develop and implement sustainable environmental policies and practices.
- Legal Support:
NGOs can provide legal expertise to advocate for stronger environmental laws, challenge environmental violations in court, and ensure compliance with existing regulations.
- Government organizations can contribute to the improvement of the environment and environmental laws in various ways: Top-of-Form
the government has four distinct roles in addressing sustainability concerns
- Policy development:
Developing new policies to steer and enable sustainability innovation
- Regulation:
Protecting public enjoyment and correcting market failure in managing externalities
- Facilitation:
Cooperating with businesses, society, and the public sector to achieve sustainability policy objectives
- Internal sustainability management:
Managing the corporate social responsibility of each government body as an economic actor.
References
[1] Environment protection act,1986
[2] BY Professor Guy McPherson (economic, sociology and political economy community)
[3] BY Mahatma Gandhi
[4] MC MEHTA V. UNION OF INDIA (1986) THE GANGA POLLUTION CASE recognized the rights to live in a healthy environment as part of article 21 of the constitution.
[5] Environment (protection and prevention)
act,1986
[6] water (Prevention and Control) Act,1974 and Air (Prevention and Control) Act,1981.
