Environmental Law

Environmental laws in India are a collection of agreements, regulations, laws, and common laws that control how humans interact with their surroundings. The Indian environmental laws not only attempt to safeguard the environment from the worsening crisis, but they also serve as a reminder of who is allowed to use natural resources and under what conditions. Water, air, and land, the inter-relationships that occur among them as well as human beings, other living things, plants, microorganisms, and property, are described as “environment” under the Environmental Protection Act of 1986.

Provision of Environmental Law in India 

In India, various environmental protection legislation states that environmental protection is the government’s responsibility. 

Various constitutional provisions provide rights to the citizens to protect the environment:  

• Article 48: This article falls under the State policy Directive principle. As per the article, the government should make every effort to conserve the environment. It also highlights the protection of the country’s forests and animals. Article 48A requires the state to take different measures to preserve it from pollution.
• Article 51A (g): According to Article 51 A(g), it is the responsibility of every Indian citizen to maintain and enhance the environment, which includes lakes, rivers, forests, and animals. This article also emphasises the importance of exhibiting compassion for living things. This article is identical to Article 48A, with the exception that it focuses on citizens’ fundamental responsibilities. 
• Article 253: This article empowers Parliament to enact laws for the country to carry out treaty conventions and international agreements. Parliament passed much legislation to safeguard the environment through this article, the Water Act 1974, the Air Act 1981, and the Environmental Protection Act 1984.
•  Article 21: It asserts that the right to life does not only apply to animals but also to humans who have the right to live in a safe environment with fundamental human dignity. The Supreme Court held in M.C. Mehta vs. Union of India that the right to life includes living in a pollution-free environment and being free of diseases.

Environmental Laws after Independence (1947)

The Indian Constitution, adopted in 1950, made no mention of the environment or pollution prevention and control until the 1976 Amendment. The post-independence Indian approach was focused on economic development and poverty relief rather than the conservation of natural resources. 

Progressive steps in the context of Environmental Laws in India after Independence  

• The Stockholm Declaration of 1972 motivated the Indian government to shift its focus to environmental conservation.
• The National Council for Environmental Policy and Planning was established in 1972 and later renamed the Ministry of Environment and Forests (MoEF) in 1985.
• The Wildlife Protection Act of 1972 aims to promote reasonable and modern wildlife management.
• The Water (Prevention and Control of Pollution) Function of 1974 establishes pollution control boards at the federal and state levels to act as watchdogs for pollution prevention and control.
• The Air (Prevention and Control of Pollution) Act of 1981 establishes pollution control boards to combat air pollution.
• The Forest (Conservation) Act of 1980 attempts to prevent deforestation and forest area diversion.
• The Public Liability Insurance Act of 1991 makes it mandatory to have insurance in place to provide instant assistance to anyone who has been injured when handling a dangerous product.
• The Biological Diversity Act of 2002 protects endangered species, inhibits biopiracy, and addresses water constraints. It also regulates the use of natural resources to prevent them from being depleted.
• The Environment Protection Act of 1986, India’s environmental legislation, establishes a single focus for environmental protection in the country and tries to close loopholes in current legislation.

Legislation for Environmental Protection  

The National Green Tribunal Act, 2010

The National Green Tribunal Act of 2010 ensures the effective and timely resolution of matters involving forest conservation, environmental preservation, and the enforcement of any environmental legal claim. In addition, the Act provides adequate compensation and remedies for losses to individuals and property, as well as related problems. 

The Air (Prevention and Control of Pollution) Act 1981

The Air (Prevention and Regulate of Pollution) Act, 1981, was passed by India’s Parliament to prevent and control the negative impacts of air pollution in the country. This Act was passed by the government in 1981 to clean up the air by regulating pollution levels. Power plants, cars, and businesses are not allowed to release specific matter, lead, carbon monoxide, or other harmful compounds beyond a defined threshold. 

The Environment Protection Law

The Environment (Protection) Act of 1986 is one of the bare acts of environmental law that protects and improves the environment. The term ‘environment’ refers to elements such as air, water, and land and the interactions between them, including humans, microorganisms, and plants.

The Hazardous Waste Management Regulations

Hazardous waste is defined as any waste that poses a threat to human health or the environment because of its poisonous or corrosive properties. As stated below, various laws deal with hazardous waste management:

• Hazardous Wastes (Management, Handling, and Transboundary) Rules, 2008: It guides the production, import, and damage of hazardous chemicals for the management of hazardous wastes.
• Biochemical Waste (Management and Handling) Rules 1988: These guidelines were created to ensure that infectious wastes were properly disposed of, separated, and transported.
• Municipal Solid Waste (Management and Handling) Rules, 2000: Its goal is to make it possible for municipalities to dispose of solid waste scientifically and efficiently. 

Conclusion 

Because we are all accountable for environmental damage, we must respect environmental regulations and raise environmental awareness. However, we must not cause future generations to suffer as a result of our wrongdoings. Apart from adhering to environmental laws and rules, we must also strive to contribute to nature protection by planting more trees and driving less.