Environmental Laws - The Indian Scenario PDF

1 Environmental Laws- Indian Scenario
Environmental Laws
The Indian Scenario
Assignment as part of CH311
Environmental Science and Engineering
Lijo P Jose
Avionics
(SC12B091)
Indian Institute of Space Science and Technology

Thiruvananthapuram
September 2014
Declaration
This project report titled Environmental Laws the Indian scenario is a presentation
of my original research work. Wherever contributions of others are involved, every
effort is made to indicate this clearly, with due respect to the literature, and
acknowledgement of collaborative research and discussions.
Date: 26th Sept. 2014

Acknowledgement
I take this opportunity to thank Dr. Sreejalekshmi for her continuous encouragement to carry
out a study from secondary data, which has provided me a new insight into framework and the
effectiveness of Indian Constitution towards environmental problems faced by mankind of this
century. I would also thank all my sources who gave me the much-needed data without which
this would not have been possible. Finally I would thank the almighty for the constant shower
of his blessings over each and every soul on his planet.

Abstract of the Study
In this project all efforts have been made to trace the history of environmental laws in India
focusing on the influences of international environment laws on the domestic laws and court
judgments along with a restatement of important environmental laws of India along with real
time scenarios where our laws proved ineffective (lenient) when compared to other
international laws. The paper also looks into landmark judgments on environmental issues and
the many loopholes in the laws and the law making process.
INTRODUCTION
What constitutes an environmental law?
Environmental law means the laws that regulate the impact of human activities on the
environment. Environmental law covers a broad range of activities that affect air, water, land,
flora or fauna. It includes laws that relate to:
Protection of animals and plants
Planning for the use and development of land
Mining, exploration and extractive industries
Forestry
Pollution
Fisheries
Land and fire management
Agriculture and farming
Waste management
Climate change and emissions
Water resource management (lakes, wetlands, rivers and oceans)
Chemicals and pesticides
Weeds and invasive species
Marine life
Conservation of natural and cultural heritage
The general functions of most environmental laws are to:
Set offences and penalties for causing harm to the environment which is not authorized
Assess, control or stop certain activities (such as land use and development) before they are
carried out
Set policies and standards for how activities will be controlled and how environmental
decisions and approvals will be made
Enable members of the public to take part in environmental decision-making
Create regulatory structures for environmental management, such as regulatory agencies (e.g.
the Department of Lands, Planning and Environment)
Create specialist courts and tribunals (e.g. the Lands, Planning and Mining Tribunal)
The Indian Story
Since the Stockholm Conference in 1972 India has been a major player in the world of
international environmental issues and debates. Currently it has been the ring leader of a group
of nations which played an important role in defining the Rio+20 Conference in Brazil in June,
2012. With such an international presence, it is only fair that a country have environmental
jurisprudence of some depth. India has built such jurisprudence over the last forty years and
still has a lot more to build upon.
Yet it is a misconception that Indias torrid love affair with the environment only began in
1972, around the Stockholm Conference. With reference to the Hindu philosophy it is observed
that environmental issues were given a holistic approach towards solving them. Though
medieval India saw some disinterest towards the environment but independent India took over
the lax British laws and has tried to make them as successful as it can be. Yet the highest
judiciary of the country has been part of the success story with its landmark judgments which
many have tried to uphold the stringent measures of the laws that the legislature has passed
over the years.
Now moving on to the ancient India and its relationship with the well-being of its own
environment.
HISTORY OF ENVIRONMENTAL LAWS IN INDIA
India has had a colorful history. With each phase of colonization, either by the Aryans in one of
the earliest civilizations of the world- The Harappa and Mohenjo-Daro civilization, to the
occupation of the country by the Mughals from Central Asia and finally the three hundred year
old domination by England, Environmental Laws have kept pace with each phase according to
the administrative desires of the occupants.
1. Ancient India
The Indian Vedic period recognizes five natural elements that is water, earth, food-grains, sun,
air and sky as panchmahabhut for worship. Since the Vedic period, Earth and Rivers are
worshipped as mothers.
Mata Bhumi Putaro Aham Prithvaiya
Ancient Hindu texts have specific teaching on environmental issues.
Do not cut trees, because they remove pollution. (Rig Veda, 6:48:17)
Do not disturb the sky and do not pollute the atmosphere. (Yajur Veda,5:43)
Destruction of forests is taken as destruction of the state, and reforestation an act of
rebuilding the state and advancing its welfare. Protection of animals is considered a
sacred duty. (Charak Samhita)
Resources are given to mankind for their living. Knowledge (Isha) of using them is
necessary. The first stanza of Isha Upanishad
Instances from ancient history as proof of existence of concern over environment
Concept of Sarva Bhuta Hita (enhancing the common good of all beings )falling under
the aegis of Dharma which was widely practiced.
Kautilya in his greatest production, Arthsastra the foundation of legal philosophy wrote
about punishments for abusing environment. Some excerpts are provided below
The punishment of one eight Panna should be awarded to those who throw dust on the road.
For muddy water one fourth Panna, if both are thrown then the punishment has to be
doubled. (Arthasasthra, 2.145)
One among the seven Pillar edicts issued by the great King Asoka of India states
"Twenty-six years after my coronation various animals were declared to be protected --
parrots, mainas, ruddy geese, wild ducks, bats, queen ants, terrapins, boneless fish, fish,
tortoises, porcupines, squirrels, deer, bulls, wild asses, wild pigeons, domestic pigeons and
all four-footed creatures that are neither useful nor edible.
Hindu philosophy saw Nature as a sustainer of humanity, and harnessing it should be governed
by principles of need and reverence. In essence, nature was as an asset is to be held in a trust.
This is in turn is how the global concept of sustainable development is seen today.
2.Medieval India
Marked by the emergence of the Islamic rule of the Mughals.
Islam sought harmony between man and the nature.
Infrastructure was given prominence like lavish architectural heritage, great gardens,
orchards, and parks.
Rules regarding regulated hunting were in prominence.
People lived in such a way as not to destabilize the eco-system.
Forest conservation was deeply affected because of non-regulation of forest land.
3.British India
After the period of medieval India the British colonized India for the next 300 years and
plundered the natural resources in the country with profit motive as the sole mechanism behind
the exploitation. Though environmental laws were passed, they were myopic with limited
territorial reach and with no teeth because the law which existed to prosecute the exploiters was
made by the exploiters themselves.

Forests were also cleared to fuel the demand of timber for the British Navy and the expansion of
the railway network in the country.
Some of the important environmental legislations passed by the British were:
1. The Shore Nuisance (Bombay and Kolaba) Act, 1853
2. The Orient Gas Company Act, 1857
3. The Indian Fisheries Act, 1897
4. The Indian Ports Act, 1901
5. The Bengal Smoke Nuisance Act, 1905
6. The Explosives Act, 1908
7. The Indian Ports Act, 1908
8. The Bombay Smoke Nuisance Act, 1912
9. The Indian Steam Vessels Act, 1917
10. The Indian Forest Act, 1927
In the end, the British hardly helped save the environment of India, but they did leave behind a
text of environmental laws which had no teeth. After India achieved independence, these laws
were suitably amended and then put into greater force.

THE CONSTITUTION OF INDIA AND THE ENVIRONMENT
The Constitution of India being the longest written document in the world containing 395
articles in 22 parts, 12 schedules and 115 amendments is considered the supreme law of the
land in India. The Constitution puts in writing the fundamental political principles, defining
the structure of governance, laying down the procedures, powers and duties of the government
and its officials.
The Constitution of India has a few particular provisions with regards to environment. The
42nd Amendment of the Constitution took place four years after the Stockholm Conference, 1972.
This amendment incorporated two significant Articles to protect the environment.
Art. 48-A: "The state shall endeavor to protect and improve the environment and to
safeguard the forests and wild life of the country".
Art. 51- A (g): It shall be a duty of every citizen India.......... "to protect and improve the
environment including forests, lakes and wild life and to have compassion for living
creatures".
Three lists have been drawn up under Article 246 giving exclusive legislative powers to the
Union and state in the Seventh Schedule of the Constitution of India. The Union list empowers
the Central Government, the State list gives powers to the States and the Concurrent list lists
items on which both the Union and States can make laws, though laws made by the Union
supersede the one made by the States.
Union List- Fisheries beyond territorial waters, regulation and development of interstate
rivers and river valleys
State List- Land, Water (storage, drainage and embankment, water power, canals and
irrigation, water supplies)
Concurrent List- Forest, Wildlife, Boilers

A SURVEY OF ENVIRONMENTAL LAWS IN INDIA
Environmental laws, post-independence, started growing its roots in India in the early 70s.
Inspired by the Stockholm conference, and the fact that India was represented by its head of
state, the only nation to do so, various laws were passed. Among them were
The Wildlife (Protection) Act 1972
The Water (Prevention and Control of Pollution) Act of 1974
The Forest (Conservation) Act 1980
The Air (Prevention and Control of Pollution) Act 1981
The Environment (Protection) Act 1986
Since discussion on completed topics concerning history and evolution of the Environmental
Laws in India have been completed now a brief gist of importance of some of the important
policies (which I feel are) and acts concerning environment are described below
India is a land with a rich heritage of wild life and home to many big animals and smaller
species in large numbers. The Indian jungles are famous and immortalized by Rudyard Kipling
in his Mowgli books. To get a magnitude of the wild life in India one has only to examine the
numbers of these animals as they existed throughout history. Reports indicate that the elephant
population number over 500,000 and the lion roamed all over India. The tiger population was
over 100,000. But indiscriminate poaching and hunting by Maharajahs and their kin, depleted
the wild life dangerously. The British who for a long period ruled India were not concerned
about Indian wild life and over the years the Lion almost became extinct and the number of
tigers dwindled dangerously. There were also only 5 wild life parks available when India
became free in 1947.

First piece of legislation passed to protect the environment.
Central Act of Parliament providing for the protection of wild animals, birds and plants
and for ensuring the ecological and environmental securities of the country.
Extends to the whole of India except the state of Jammu and Kashmir.
The act also provides for the constitution of a State Board for Wildlife to advise the state
government in matters connected with the protection of wildlife.
It can be concluded that India thus had a set of laws which could counter any
environment issue but as is typical fell short due to huge expanse of the laws
The Water (Prevention and Control of Pollution) Act 1974
The Water (Prevention and Control of Pollution) Act, 1974 was an effort to reduce and stop
pollution in rivers. The Air (Prevention and Control of Pollution) Act, 1981 is made on similar
lines as the Water Act but it goes a few steps forward in terms of details. It was made to take
appropriate steps for the preservation of the natural resources of the earth which, among other
things, includes the preservation of the quality of air and control of air pollution. It became the
first environmental act to not only put into words the complete spectrum of environmental
issues affecting the air pollution in in one act but also gave guidelines to not only protected the
air but to also improved its quality.
The act also puts forwards meticulous standards of air pollution with particular regard to
industries. These standards are effectively backed by severe penalties. Offences in the Act
include flouting the restrictions on the establishments on certain industries in air pollution
control areas, the emission of air pollutants by any person operating an industry in an air
pollution control area and listed offences by companies. Penalties include imprisonment of
between 1.5 and 6 years, and fine, additional fine in case of a continuing offence and continuing
offence after one year of conviction: imprisonment of between 2 and 7 years, and fine.
The Environment (Protection) Act (EPA) 1986

The EPA is the first Indian legislation to deal with environment protection and its components
in a holistic way and provided a framework for management of hazardous substances, prior
assessment of the environmental impact of major developmental projects, discharge of
industrial pollutants and effluents into the environment, guidance for industrial sitting, and
management of chemical accidents.
The EPA takes away the independence of the States with regards to action and legislation
towards issues of the environment. The Act requires the States to get clearance from the Centre
to flag off projects. This political invasion leads to many foreseeable delays; additionally the
central clearance requirement does not always weed out projects which are given the green
signal are not always the most eco-friendliest of projects. Some of the projects allowed to
flourish are plain exploitative and ecologically damaging.
The Public Liability Insurance Act, 1991
It came on the heels of the Bhopal Gas tragedy. Its main aim was to provide relief to victims of
industrial disaster victims. It became obligatory for industrial set-ups to obtain insurance which
was equivalent to the capital needed to establish the industry.
The National Green Tribunal (NGT) Bill
In June 2010 the National Green Tribunal (NGT) Bill was passed. It heralded a new dawn in
environmental protection. The court has been set in Bhopal and five benches spread around the
country with the sole mission to quickly dispose of environmental protection cases. The court
has been designated to be headed by a sitting or retired Supreme Court judge or the Chief
Justice of a High Court.

INDIAN JUDICIARY AND ENVIRONMENTAL PROTECTION
The Indian Judiciary has seen the same transformation as has the Indian economy and culture.
From the highly strung cultural and economic transformation into an India which is much more
open and receptive, the Judiciary similarly has gone through a revolution which was both
inspiring and trail blazing.
1. Landmark Indian Cases and Environmental Laws and Principles
The Indian judiciary, as a part of its activism, has for long used established international
environmental principles while adjudicating a host of landmark environmental cases in India.
These cases reflect the high standards of awareness of the Indian judiciary which not only took
judicial activism to unseen heights in the country but also provided strong precedents in
environmental actions. The various cases discussed below have had the Judiciary seeking
arguments from various quarters of the world- The various UN Conventions, European Union
Laws and Precedents from Common Law Nations.
In many occasions the Supreme court of India referred to the Stockholm Declaration to be the
Magna Carta of our environment. With its emphasis on non-binding agreements,
environmental lawyers consider these as logical and heavy weight arguments.
Case 1:
Lets analyze the AP Pollution Control Board v. Nayudu case where in the Supreme court of
India held that It is necessary that the party attempting to preserve the status quo by
maintaining a less-polluted state should not carry the burden of proof and the party who
wants to alter it, must bear this burden.
In turn the highest court in the country devised an innovative method for calculating the
damages by the polluter where in the court will examine this independently irrespective of
claims of both the parties. Ina policy statement it was mentioned that Polluter Pays is an
essential aim of the govt. policy towards preventing and controlling pollution.
Case 2:
In the case pertaining to highly toxic chemical banned in western countries called H Acid by
the Indian Council for Enviro-legal Action, the petitioners sued to stop and remedy the
pollution caused by chemical plants, operating without permits, in the north-western state of
Rajasthan.
This landmark case saw the Supreme Court use the Polluters Pays principle inspired by the
Rio Declaration on Environment and Development. The court held that If an enterprise is
engaged in an inherently dangerous activity, which might cause harm to another in course of
the actions, will have to bear the financial burden of preventing or remedying the damages
that might been caused by the pollution being created by the manufacturing process. The
enterprise would also be strictly and absolutely liable for the damages caused by his
actions.
Case 3: (Imparting Absolute Liability)
Considering the Oleum leak case (M.C.Mehta v. Union of India) where a writ petition was
filed on a fertilizer manufacturing plant, having its operations in the densely populated Delhi,
had an incident of oleum gas leakage where in a person was killed and several others were left
injured. The immediate closure of the plant spread widespread anger among the 4000 workers
who were left unemployed.
The Supreme Court of India laid down in the case that Any industry engaged in a hazardous
or inherently dangerous activity owes an absolute and non-delegable duty to the immediate
community to ensure no harm is done to them. This applies if the activity undertaken in the
facility could create a health or safety hazard not only for the workers but also for those
people who live in the adjacent areas. The enterprise will still be liable if it has taken every
possible precaution and no negligence can be accounted to it. The Court also observed that
the bigger the physical and economic structure of the enterprise, the heftier would be the
compensation.
Case 4: (Regarding sustainable development and inter-generational equity)
A widespread agreed definition of sustainable development is that It is where development
meets the needs of the present without compromising the ability of future generations to
meet their own needs.
Even then in Indian context it primarily meant material or economic progress. In days where
courts were leading the mantle for environmental protection, it has had a particularly
controversial position in the Indias largest environment law dispute- The Narmada Bachao
Andolan v Union of India
The court initially granted stay on the construction till all of the rehabilitation work completes
but after 7 long years the court gave green signal for the work to start.
The court's final line of the order states-
"Every endeavor shall be made to see that the project is completed as expeditiously as
possible".
Subsequent to the courts verdict, Press Information Bureau (PIB) featured an article which
states that:
"The Narmada Bachao Andolan has rendered a yeoman's service to the country by creating a
high-level of awareness about the environmental and rehabilitation and relief aspects of
Sardar Sarovar and other projects on the Narmada. But, after the court verdict it is incumbent
on it to adopt a new role. Instead of 'damning the dam' any longer, it could assume the role of
vigilant observer to see that the resettlement work is as humane and painless as possible and
that the environmental aspects are taken due care of."

In the light of the above development several courts have given sustainable development a new
definition which can be interpreted as a new model where certain ecologically harmful
measures in the name of development are permissible as long as it does not harm the
community critically. Taking into consideration the future generations may be being able to get
benefits from a strong law and ethical developmental practices. This was seen in the Taj
Trapezium case.
Case 5: (Public Trust Doctrine)
In principle Public trust doctrine states that the state has a certain obligation to protect and
preserve resources meant for public use. In case of M C Mehta v. Kamal Nath, the court quoted
Prof. Joseph Saxs doctrine of public trust, obligating conservation by the state. Here a motel
was constructed over the river beas and the court ordered to pay compensation to reverse the
damage to the ecology and environment of the area.
The Court also held that Property meant for public use and enjoyment could not be
transferred to the private domain and ownership.
The judiciary finds itself in a tough spot when it comes to considering environmental issues.
The law of the land and Constitutional rights is the leading factors to be considered among
others like the international laws most importantly the Rio Declaration along with economic,
political and social principles and facts. The other issue is the pressure put on the capability of
jurists and judges on effectively interpreting these multi-dimensional issues.
2. The National Green Tribunal Act, 2000
The National Green Tribunal Act of 2000 was passed by Lok Sabha on 18th Oct. 2010. It
encompasses the Fundamental Right to a Healthy Environment that is enshrined in the Indian
Constitution under Article 21.

This tribunal is essentially a fast track court specializing in dispensing environment related
issues thus relieving the burden on other Indian courts. After Australia and New Zealand, India
is the third country to have a dedicated all-encompassing Green Tribunal.
The Tribunal
The court has been set in Bhopal and five benches spread around the country with the sole
mission to quickly dispose of environmental protection cases. The three circuit benches are
located in Delhi, Kolkata, and Chennai and Pune. Funding is done by the Central government
along with Justice L S Panta (Former judge of Supreme Court) as the appointed first chairperson
of the NGT.
It is important to know the following.
The NGT Act 2010 applies to civil cases and it excludes criminal offences.
There is no limit for the compensation that the green tribunal can award to the victims of
environmental degradation /damage.
Compensation or relief ordered to be paid by the tribunal shall be credited to the
Environmental Relief Fund 2008 established under Public Liability Insurance Act 1991.
Whoever fails to comply with the order or award of the tribunal shall be punishable
with imprisonment, which may extend to 3 years or with a fine, which may extend to Rs
10 crores. In case of companies, the penalty may extend to Rs 25 crores.
A person aggrieved by any decision or award of the tribunal can appeal to the Supreme
Court.
The green tribunal functions as appellate authority to persons aggrieved by any order or
decision made under the following Acts:
Water (Prevention and control of Pollution) Act 1974

Water (Prevention and Control of Pollution) Cess Act 1977
Forest (Conservation) Act 1980
Air (Prevention and Control Pollution) Act 1981,
Environment (Protection) Act 1986 and
Biological Diversity Act 2002.
In two recent cases the Tribunal came into prominence, first because it could get its biggest case
yet and in the second instance it delivered its biggest judgment till date. In the first case the
dispute was regarding a residential township being built over a hilly terrain in the state of
Maharashtra. In the said case the Bombay High Court suggested the case along with the
pending PILs regarding the project, be take over the NGT. If these cases are moved to the NGT,
it will be the biggest and the most high profile case to be given to the Tribunal.
In the second instance, the NGT cancelled the steel plant being built by the South Korean steel
giant POSCO, which consequently sent back the largest foreign direct investment in India back
to the drawing board. The $12 million steel plant has been a hotly debated issue for over seven
years because of its location in the tribal heartland which could take away large tracts of forest
land, cause tribal and human rights violation, human displacement, and potential large scale
environmental and ecological disaster.

INDIA AND INTERNATIONAL ENVIRONMENTAL LAW
India has been an active participant in every conference related to preserving and protection of
environment since the UN conference on Human environment, held in Stockholm in 1972.
International laws have deep foundations in these laws not only did India ratify these laws but
its judiciary as mentioned in the earlier chapter actively implemented them on its own accord in
many landmark cases. Being a commonwealth country, gives legislators, lawyers, and judges
access to global jurisprudence and they can always look up to countries like England, USA, and
Australia.
1. Influences of International Environmental Law on Domestic Law
India has grown on the same lines as international environmental laws primarily because both
came into existence in the same year- 1972. Thus, Indian lawmakers have always looked to
international conventions, treaties, and declarations to form domestic laws.
National Council of Environmental Policy and Planning within the Department of Science and
Technology was laid down by the Govt. of India after the Stockholm Conference which later on
became the Ministry of Environment and Forest in 1985 with an independent central minister.
Environmental Impact Assessment has been always been a contested issue in India with no
impact assessment studies being undertaken until as recently as the 1980s. Major legislative
reforms were brought about only in 1994 called the Environment impact Assessment
Notification 1994.
The Biological Diversity Act was passed in India in 2002 after India signed and ratified the
United Nations Convention on Biological Diversity signed at Rio de Janeiro in 1992. The
Biological Diversity Act was passed in India in 2002 after India signed and ratified the United
Nations Convention on Biological Diversity signed at Rio de Janeiro in 1992.
India acceded to The Montreal Protocol on Substances That Deplete the Ozone Layer and to the
London Agreement in 1992. The Ministry of Environment has made an Ozone Cell and a
steering committee which would implement the provisions of the Protocol in India on the other
hand Though India ratified The Basel Convention on the Control of Trans boundary
Movements of Hazardous Wastes and Their Disposal in 1992, the Indian Hazardous Wastes
Management Rules Act, 1989 has implemented many provisions from the Convention when it
was passed.
2. Influence of International Environmental Law on the Constitution of India
Since the Stockholm Conference in 1972, India has brought in two important Constitutional
Amendments. One is the 42nd Constitutional Amendment Act, 1976, which shifted two
important provisionsForests and Protection of Wildlife and Bird from the State List to the
Concurrent List.
Being a member to the Stockholm Conference gave a few positive dividends for the country.
Article 253 of the Indian Constitution allowed the National Parliament to give significance to
Indias participation and decisions based on International conferences.

ISSUES WITH ENVIRONMENTAL LAWS IN INDIA
India has always been known to be land of contradictions and it is no surprise that in its fight
against environmental degradation India is caught between the raging war of a western
concept of development to eradicate poverty and conservation of the environment. In past six
decades of independence, though thrust has been on economic growth, the constant battle for
India has been the poverty eradication and yet as India progresses towards being a developed
nation, environmental degradation threatens population which till today struggles with
poverty.
Indias mindset that development comprises of industrialization, urbanization,
commercialization, and consumerism without referring to underlying foundation of economic
and social equity and environmentally sustainable growth process, has created a huge
complication which has deep ecological impact.
The issues with the Indian environmental laws are that they are in their tremendous minutiae.
The extreme Indian need to fine print each and every detail of the legislation which leads to
many loopholes which are in turn exploited by poachers and petty criminals and on one hand
the Corporations and their top-of-the-line legal advisors. Furthermore the environment,
though clearly stated to be an important agenda in our lengthy Constitution has always
received a lower pedestal in comparison to development
Even though there is consistent petitioning to have stringent norms for the usage of our limited
natural resources, the response of the government has always been to pass new legislation
instead of referring to the already existing laws. The courts have creatively included the
environment under the Article 21 but the Constitution of India needs a new fundamental right
which clearly enunciates environmental rights for the people of India, especially the Scheduled
Tribes.
A clearly enunciated fundamental right will give the people strength so that they do not always
have to rely on the precedents of the court to assert their rights.

1. Development over Environmental Protection
India is one of the nations brimming with unlimited aspirations while on its own it owns
limited natural resources. This indeed leads to a conflict between the States committed to
development for the greater good of all while the process of development severely
marginalizes the poor and tribal.
Thus when natural resources are diverted to fit the development agenda and meet the needs of
the market, the conflict between commercial interest and peoples interest intensifies.
Case 1:
Due to large scale illegal mining in India and in the Aravalli hills Range situated in Rajasthan
and Haryana the forest cover has depleted by 90% and drying up wells affecting agriculture.
Due to media and public protest the Supreme Court on February 20, 2010 directed the
cancellation of 157 mining leases operating in Rajasthans eco-sensitive Aravalli Hills.
The Center of Science and Environment report has made extensive analysis of environment
degradation and pollution due to mining, wherein it has said, in 2005-06 alone 1.6 billion tons
of waste and overburden from coal, iron ore, limestone and bauxite have added to environment
pollution.
With the annual growth of mining at 10.7 per cent and 500-odd mines awaiting approval of the
Centre, the pollution would increase manifold in the coming years. Rajasthan is the largest
producer of dimensional stones in the country. The state alone produces resources worth 5 crore
rupees a year.
It has been observed several times from sources obtained from reputed news agencies with
corporations and MNCs flying on wings made out of political and financial prowess, state
governments in the light of myopic development are reluctant or incapable to legislate on these
pressing issues.
Case 2:
Karnataka is a prime victim of such events. Mining is rampant on land for which permission is
not granted. Sometimes, revenue and forest officials do not check feasibility of the sites, but give
permission to mine. On several occasions, the sketch of the mining map shown to the
department of mines and geology did not match with the site and overlapped forest areas.
Irregularities have been found in the de-reservation of 2670.5 sq km of forest area in Shimoga,
Chikmagalur, Hassan, Kolar, Chitradurga and Mysore districts.
Indias commitment towards industrialization has taken its toll on the environment. Most of the
industries are set up without regard to environmental requirements of the area, without any
concern for the pollution. Pollution in rivers have reached alarming levels with stretches of the
river systems infected with bacteria feeding on wastes. These rivers have fallen prey to
industrial toxins, killing millions of fishes and then irrigating farmlands.
Most of the pollution control mechanism need technological overhauls and it is majorly
observed to remain at the mercy of profit generation. If there is a dip in profits, these
mechanisms are the first to be taken off
2. Urban Bias of Environmental Issues
Pollution further means urban pollution because the twin concepts of industrialization
and urbanization have historically only affected the urban populations. This is also a failure
on the part of the NGOs to persuade the Supreme Court to take a broader approach.
The enforcement agencies fail to understand that sustainable development lies in balancing the
interests of the always accounting for progress and safeguarding interests of the entire
community. As already illustrated by me, our existing laws dont have a supportive structure
for the rural development through sustainable means.

The issue can be resolved best by allowing the effected people to be part of the decision making
process at the grass root level. This can only happen when they are trusted with their own
destiny and lives. When it comes to their own surroundings it is natural that they do know
what is very best for them.
3. Failure of the Indian Executive
Two instances need to be discussed when one has to see the failure of the Indian Executive.
Banning of Plastic hand bags
Incompliance on part of Delhi Administration to ply buses on CNG within the deadlines
given by the Supreme Court.
The Supreme Court has tried often to make environmental auditing free of blemishes while
making the heads of the enforcement agencies personally liable. These measures have had
meager responses.
The issues of car pollution emission check serve as a prominent example. Present Euro
III/Bharat Stage IV norms mandates that every vehicle will have to undergo emission checks in
periods ranging between three to six months at Pollution Under Control Centers parked at Fuel
Centers or Garages which have received authorization to check vehicles.
The Government has been more concerned about the process of regulation rather than the
impact of regulation. Very little help is forthcoming from the pollution control agencies in
identifying the most feasible technology for individual projects
The same issue persists with the ban of plastic handbags. Plastic bags have known to be non-
biodegradable, kill stray animals, litter the landscape and are made out of petroleum. Though
there have been many cases where the courts have issued directions; they seem to have fallen
on deaf ears. Plastic bags which do not meet standards are widely used and distributed. There
are areas, like smaller cities and Union territories in particular which have led by example.
4. Issues with Specific Indian Laws

The British administration has left a lot of their bequests and one among them is the system of
Boards and their rigorous institution in the Indian administration.
The Air Act provides for the setting up of Pollution Control Boards across the country confers
on them an extensive array of powers and functions. These include the duty to oversee the
enforcement of the provisions of the Act, to collect samples to check pollution, inspection of
industries, hospitals and local bodies; monitoring ambient air and stack emissions, inspection of
sites proposed for setting up of industries and to verify the suitability of the same.
Questions arise regarding the jurisdiction pertaining to the establishment of boards both at state
and central level. While the State government is constitutionally appointed to protect water
bodies. The major flaw of the Act is that the states are only bound by the provisions of the act if
and when they approve to the extension of the authority of the Act on them. There are Boards
set up at both the Central and State levels which add to jurisdictional discomfort on them.
Compliance is an important issue is dependent of effective decision making process. These
decisions making procedures must take into account all interests, costs and benefits which is
lacking. There is a need for a process which prevents and mitigates environmental conflicts.
Though the Judiciary is the arena for such conflict resolution, reliance on such measures
burdens the inflated legal process, is costly and is not accessible to everyone.
Implementation of law has always been poor in India and this coupled with uncontrolled and
rapid industrialization has meant that the damage to the environment has doubled. India lacks
the infrastructure and resources to give effect to its many laws even though the spirit and the
intention behind them are versed on the positive.

RECOMMENDATIONS
India is in a position where it has all the laws that need to be there. It is their details that have
made these inflexible and thus made to twist around in ways to ease oneself out of judicial
trouble. These laws are practical but ineffective because of their isolated formulation and
plagued implementation ranging from failure of officials, lack of funds and infrastructure,
conflict with urbanization.
The need of the hour is to create a mechanism which is independent, authoritative, responsive,
and which can effectively co-operate and co-ordinate with other Ministries where
environmental issues have a prominent stake. India already has a good network of laws, all that
is needed is its effective implementation could bring in some well needed reforms. Policies
formulated in addition to these laws must be comprehensive with a focus to bring in innovative
yet effective solutions to the problems of the day
The establishment of Rashtriya Paryavaran Salhakar Samiti (National Environmental
Advisory Committee) within the Department of Environment, consisting of representatives
from voluntary agencies to keep the government informed about peoples problem and
emerging issues is a step in the right direction. This will ensure peoples participation.
Promoting public participation should be made through a national program which raises the
knowledge and sensitivity towards the environment. This knowledge must be made accessible
not just to individuals but to the community at large.
National programs must:
Create effective guidelines for the various Pollution control board on public
consultation.
Focus on industries coming out with guidelines for public participation of the
community surrounding the establishment.
Must facilitate sharing local knowledge with the governmental agencies and the
industry.
Advertise the ways to effectively use Right to Information (RTI) Act, 2005 as questions
pertaining to environment and allied issues doesnt fall under exception clause.
Streamline public information services by regularly publishing and updating their
database.
Develop New generation area based pollution management methodology focusing on
ambient quality.
Create new structure of emission standards for small and medium sized industries
which will successfully allow them to comply with specific standards set specifically for
them.
Strengthen self-reporting mechanisms with good incentives given to industries for
compliance.
Voluntary initiatives must be similarly rewarded and such good practices publicized.
Protect flora and fauna like air and water from industrial damage and remove
conditions which threaten them.
Create infrastructure for waste treatment and disposal and environmentally-sound
management of industrial activities.

Encourage tax benefits for environment conscious initiatives and endeavors.
Conclusion
Intense debate on the new tomorrow which the present power hungry India with its vast
population, extreme climate, vulnerable ecology is a must for mustering the hopes alive for
seeing Indias flagship economy to be among the biggest and cleanest in the world.
The recommendations described in the report mandate high levels of determination, consensus,
commitment, planning, and effective execution of will.
The Govt. which consists of The Executive, The Legislature and The Judiciary are still not in
tandem with each other as the following conditions prevail
The executive whose arms are forever twisted in favor of political gimmicks, corruption and
wrongful human resource, has hampered what could have been a successful flight chartered
very effectively through well intended law-making and sound judicial backing.
Quick actions are supposed to be taken along with the major stake holders; all communities of
people for implementing actions supported by necessary resources, targets, and clear
accountability mechanisms.
The work of NGOs of India have been commendable and with their constant help along with
the backing of Indian Government rural India will soon feature in environmental programs
befitting them.
Though thorough research is required to weed out most of the loop holes used by big shot
companies for their benefit in turn floating many environmental norms. This would actually
require a highly coordinated effort from all three segments constituting the government of
India.
What's the use of a fine house if you haven't got a tolerable planet to put it on?
References
http://www.wealthywaste.com/wildlife-protection-act-1972-a-summary
http://envfor.nic.in/legis/wildlife/wildlife1.html
http://statutory-law.knoji.com/the-salient-features-of-the-indian-wild-life-protection-act-1972/
http://siteresources.worldbank.org/INDIAEXTN/Resources/295583-1176163782791/complete.pdf
http://www.asiantribune.com/index.php?q=node/6083
http://www.legalserviceindia.com/articles/brenv.htm
http://moef.nic.in/downloads/publicinformation/critically_endangered_booklet.pdf
http://www.thaindian.com/newsportal/india-news/madhya-pradesh.html
http://www.ngosindia.com/resources/pil_sc.php
http://www.downtoearth.org.in/content/green-tribunal-suspends-environmental-clearance-
gogte-minerals
http://articles.economictimes.indiatimes.com/2011-11-16/news/30405840_1_lavasa-corporation-
lavasa-township-moef
http://www.tehelka.com/story_main52.asp?filename=Ne140412POSCO.asp
http://www.constitution.org/cons/india/const.html
http://www.cercind.gov.in
http://nhrc.nic.in/Publications/reportKBSaxena.pd

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1 Environmental Laws- Indian Scenario

Assignment as part of CH311

Environmental Science and Engineering

Indian Institute of Space Science and Technology

of my original research work. Wherever contributions of others are involved, every

acknowledgement of collaborative research and discussions.

Date: 26th Sept. 2014

effectiveness of Indian Constitution towards environmental problems faced by mankind of this

of his blessings over each and every soul on his planet.

Abstract of the Study

What constitutes an environmental law?

flora or fauna. It includes laws that relate to:

Protection of animals and plants

Planning for the use and development of land

Mining, exploration and extractive industries

Land and fire management

Agriculture and farming

Climate change and emissions

Water resource management (lakes, wetlands, rivers and oceans)

Chemicals and pesticides

Weeds and invasive species

Conservation of natural and cultural heritage

The general functions of most environmental laws are to:

decisions and approvals will be made

Enable members of the public to take part in environmental decision-making

the Department of Lands, Planning and Environment)

The Indian Story

still has a lot more to build upon.

over the years.

HISTORY OF ENVIRONMENTAL LAWS IN INDIA

the administrative desires of the occupants.

Mata Bhumi Putaro Aham Prithvaiya

Ancient Hindu texts have specific teaching on environmental issues.

Destruction of forests is taken as destruction of the state, and reforestation an act of

sacred duty. (Charak Samhita)

necessary. The first stanza of Isha Upanishad

Instances from ancient history as proof of existence of concern over environment

the aegis of Dharma which was widely practiced.

doubled. (Arthasasthra, 2.145)

"Twenty-six years after my coronation various animals were declared to be protected --

all four-footed creatures that are neither useful nor edible.

Marked by the emergence of the Islamic rule of the Mughals.

Islam sought harmony between man and the nature.

orchards, and parks.

Rules regarding regulated hunting were in prominence.

People lived in such a way as not to destabilize the eco-system.

Forest conservation was deeply affected because of non-regulation of forest land.

made by the exploiters themselves.

Some of the important environmental legislations passed by the British were:

1. The Shore Nuisance (Bombay and Kolaba) Act, 1853

2. The Orient Gas Company Act, 1857

3. The Indian Fisheries Act, 1897

4. The Indian Ports Act, 1901

5. The Bengal Smoke Nuisance Act, 1905

6. The Explosives Act, 1908

7. The Indian Ports Act, 1908

8. The Bombay Smoke Nuisance Act, 1912

9. The Indian Steam Vessels Act, 1917

10. The Indian Forest Act, 1927

were suitably amended and then put into greater force.

THE CONSTITUTION OF INDIA AND THE ENVIRONMENT

and its officials.

This amendment incorporated two significant Articles to protect the environment.