The Environment (Protection) Act, 1986

• The Environment (Protection) Act, 1986 authorizes the central government to protect and
improve environmental quality, control and reduce pollution from all sources, and prohibit
or restrict the setting and /or operation of any industrial facility on environmental grounds.
The Environment (Protection) Act was enacted in 1986 with the objective of providing for
the protection and improvement of the environment. It empowers the Central Government
to establish authorities charged with the mandate of preventing environmental pollution in
all its forms and to tackle specific environmental problems that are peculiar to different
parts of the country. The Act was last amended in 1991.
• The Environment (Protection) Rules lay down procedures for setting standards of emission
or discharge of environmental pollutants.
• The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control
the generation, collection, treatment, import, storage, and handling of hazardous waste.
• The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this
context, and sets up an authority to inspect, once a year, the industrial activity connected
with hazardous chemicals and isolated storage facilities.
• The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to
protect the environment, nature, and health, in connection with the application of gene
technology and micro-organisms.

Air (Prevention and Control of Pollution) Act, 1981

An Act to provide for the prevention, control and abatement of air pollution, for the
establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on
and assigning to such Boards powers and functions relating thereto and for matters connected
therewith. WHEREAS decisions were taken at the United Nations Conference on the Human
Environment held in Stockholm in June, 1972, in which India participated, to take appropriate
steps for the preservation of the natural resources of the earth which, among other things,
include the preservation of the quality of air and control of air pollution; AND WHEREAS it
is considered necessary to implement the decisions aforesaid in so far as they relate to the
preservation of the quality of air and control of air pollution.

Functions of the Central Board

Section 16 lays down the functions of the Central Board-

• The Board shall make efforts for the prevention, abatement and control of air
pollution in the country and may advise the Central Government on the same.
• It shall plan and implement a nationwide programme for the prevention, control and
abatement of air pollution.
• It shall coordinate the activities of the States and shall resolve the disputes that arise
between them.
• It shall provide technical assistance to the Boards, carry out investigations and
research relating to air pollution.
• It shall plan and implement training programmes for the persons to be involved in
those programmes.
• It shall help combat air pollution through a mass media programme.
• It shall collect, compile and publish statistical data relating to air pollution and shall
also prepare manuals, codes or guides relating to measures to combat air pollution.
• It shall lay down standards for the quality of air and shall perform other functions
as prescribed.
• The Board shall also set up a laboratory or multiple laboratories to enable the Board
to perform its functions effectively.

Functions of the State Pollution Control Boards

Section 17 lays down the functions to be performed by the State Boards-

• The State Board shall plan and implement comprehensive programmes for
prevention, control or abatement of air pollution. It shall also advise the State
Government on such matters.
• It shall collect and disseminate information regarding air pollution. It shall organise
training and mass awareness programmes regarding air pollution control, prevention
and abatement.
• It shall inspect, at reasonable times, any control equipment, industrial plant or
manufacturing process and give orders to the people in charge to further the
purposes of combating air pollution.
• It shall inspect and assess the air quality at designated air pollution control areas as
it may think necessary.
• It shall lay down standards for the emission of air pollutants into the atmosphere
from automobiles or industries, or any other pollutant from any source. However, a
ship or aircraft cannot come into the ambit of a source.
• The State Boards shall also advise the State Government regarding the suitability of
any location which is to be used for setting up any industry, keeping in mind the air
quality which would be impacted if that industry is set up.
• The Boards shall also set up labs in their States, to enable the State Board to perform
its functions effectively.
Water Prevention and Control of Pollution Act (1974)

The government formulated this act in 1974 to prevent the pollution of water by industrial,
agricultural and household wastewater that can contaminate our water sources. Wastewaters
with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are
serious health hazards.

Controlling the point sources by monitoring the levels of different pollutants is one way to

prevent pollution, by punishing the polluter. Individuals can also do several things to reduce

water pollution such as using biodegradable chemicals for household use, reducing the use of

pesticides in gardens, and identifying polluting sources at work places and in industrial units

where oil are or other petroleum products and heavy metals are used.

Excessive organic matter, sediments and infecting organism from hospital wastes can also

pollute our water. Citizen needs to develop a watchdog force to inform authorities to

appropriate actions against different types of water pollution. However, preventing pollution

is better than trying to cure the problems it has created, or punishing offenders.

The main objectives of the Water Act are to provide for prevention, control and abatement of

water pollution and the maintenance or restoration of the wholesomeness of water. It is

designed to assess pollution levels and punish polluters. The Central Government and State

Government have set up PCBs to monitor water pollution.

The Water Act, 1974 with certain amendments in 1978 is an extensive legislation with more

than sixty sections for the prevention and control of water pollution. Among other things, the

Act provides for constitution of central and State Boards for preventing water pollution,

power to take water samples and their analysis, discharge of sewage or trade effluents,

appeals, revision, minimum and maximum penalties, publication of names of offenders,

offences by companies and Government departments, cognizance of offences, water

laboratories, analysis etc.

Prevention and control of water pollution is achieved through a permit or ‘consent

administration’ procedure. Discharge of effluents is permitted by obtaining the consent of the
State Water Board, subject to any condition they specify. Any person who fails to comply with
a directive of the State cannot, however, entertain in suit under this Act unless the suit is
brought by, or with the sanction of the State Board.

Wild Life (Protection) Act, 1972

India is a country which is very rich in flora and fauna. It is land consisting of
10% of the world’s species. According to the International Union for
Conservation of Nature, India constitutes 7-8% of all species, including
plants and animals. The statistics is given below-

• There are approximately 45,000 plant species, which constitutes 7%

of the world’s total.
• There are approximately 15,000 flowering plants, which constitutes
6% of the world’s total.
• There are approximately 91,000 animal species which include
insects, fish, birds, mammals, reptiles and amphibians and
molluscs.
• There are approximately 449 species of livestock which include
sheep, cattle and goats.

With large buildings replacing the forests all around the world, the ecological
balance is at great risk and hence it can cause various natural disasters.
Once the areas which were filled with various species of wildlife have now
become devoid of it. There is a rapid decline of wild animals in India. Many
species of birds and animals are extinct in our country like the pink-headed
duck, Indian aurochs, Asiatic cheetah, and some species are endangered like
the Bengal tiger, Asiatic lion, Indian rhinoceros etc. It was of major concern
and which necessitates the need to bring in the legislation for the protection
of wildlife.

Wildlife can be defined as the various fauna and flora of a particular region
collectively. In other words, non-domesticated animals, all plants and other
organisms which are present in such wild areas are also called wildlife.

The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament of
India on August 21, 1972, and later implemented on 9 September 1972. This
Act was enacted for the protection of plants, birds and animal species. The
Wildlife Protection Act is an umbrella Act to protect wild animals and plants.
Before this Act was enacted there were very few national parks. This Act
includes provisions for protection of plants and animals, hunting, harvesting
and various other ancillary matters connected thereto. It has six schedules
which extend to all over India. Under this Act, various kinds of penalties are
also laid down for the violation of the laws contained therein. This Act
contains 66 sections and six schedules.

Some popular wildlife sanctuaries in India

1. Corbett National park, Uttarakhand
2. Ranthambore National park, Rajasthan
3. Bandipur National park, Karnataka
4. Keoladeo Ghana National park, Rajasthan
5. Nagarhole National park, Karnataka
6. Sariska National park, Rajasthan
7. Kaziranga National park, Assam

Objectives of Wild Life (Protection) Act, 1972

1. One of the main objectives is to prohibit the hunting of wild animals,

various species of birds etc.
2. It lays down various punishments for the violation of rules and
regulations to have proper control over the activities of human
beings and to serve the various purposes of this Act.
3. Various Schedules contained under this Act give absolute protection
to some endangered species so that they can be protected.
4. To provide shelter and protect the animals which are not in danger
but need protection and security.
5. To specially protected animals that can be hunted like ducks, deer
etc. For hunting such animals, the hunter has to obtain a license
from the District Officer. If the license is granted, he would be given
a certain restricted area to shoot the animals and in a particular
season. Any of the acts which result in infringement of such a
license will be cancelled.
6. One of the important objectives is to give powers in the hand of
officers to punish the one who is guilty under this Act.
7. To help the state government and central government to declare
any area as sanctuaries or national parks.
8. To plant trees and build protected animal parks so that such animals
are protected in environment-friendly and natural areas.
9. To establish wildlife advisory boards, wildlife warden and to appoint
the members with their duties and power.
10. To support the Convention of International Trade in Endangered
Species of Fauna and Flora (CITES, 1976).
11. To support the launching of the National component of
UNESCO’s Man and Biosphere Programme, 1971.
12. To provide protection even for some endangered plants.
13. To impose a ban on trade and commerce of certain protected
species.
14. To provide trade and commerce of some wild species by
providing a license for possession, sale, and transfer.
15. To maintain the diversity of flora and fauna of the country and
also to maintain a healthy ecological balance.

Forest conservation Act 1980

NEED TO CONSERVE FORESTS:

The forests are natural renewable resources. They cover nearly 40% of the world’s land. Forests
are useful for various purposes such as providing wood, food, and shelter, maintaining the
ecosystem, water cycle of the earth and ecological balance, etc. But there has been a reduction
in the forest cover throughout the world which is raising concerns.
Objectives

1. Forest dwellers must have access to subsidized sources of fuel, fodder,

building material etc so that they do not cut trees.
2. Modify working plans into environmentally sound action plans based
on scientific research.

1. Protection of standing Forests.

2. Creation of new stock
3. Building up of information base.
Measures
1. Aquatint yourself with the laws, detailed rules and orders issued by the
government.
2. Create awareness about the existence & value of national parts &
sanctuaries.
3. Help to create public pressure to change rules, laws & procedures when
necessary.
4. Do not litter in a forest area.
5. Participate in preservation of greenery, by planting watering & caring
for plants.
Penalties
For offences in reserved forested: no person is allowed to make clearings or set fire to
reserved forest. Cattle are not permitted to trespass into the reserved forest. Felling,
collecting of timber, bark or leaves, quarrying, or collecting any forest product is
punishable with imprisonment for a term of six months, or which may extend to
Rs.500 or both.
Penalties for offences in protected forests: a person who commits any of the
following offences like felling trees, stripping the bark or leaves of trees, setting fire
to such forests, kindling a fire without taking precaution to prevent its spreading,
dragging timber, or permitting cattle to damage any tree, shall be punishable with
imprisonment for a term which may extend to six months or with a fine which may
exceed to Rs. 500, or both.

What can an individual do to support the act?

• Acquaint yourself with the laws, detailed rules and orders issued by the
government.
• Be in touch with concerned local NGOs and associations. Organize one
with other like-minded people if none exist in your area.
• Create awareness about the existence and value of national parks and
sanctuaries and build up a public opinion against illegal activities in the
forest or disturbance to wildlife.
• Pressurize the authorities to implement the forest and wild life laws
and rules to protect green areas.
• Take legal action if necessary and if possible through a public interest
litigation (PIL) against the offending party. Use the help of NGOs who
can undertake legal action.
• Help to create public pressure to change rules, laws and procedures
when necessary.
• Use better, ecologically sensitive public transport and bicycle tracks, do
not litter in a forest area.
• Participate in preservation of greenery, by planting, watering caring for
plants.
Issues involved in enforcement of environmental legislation

Some of the important issues involved in enforcement of environmental

legislation in India are as follows:

1. The precautionary principle

2. The polluter-pays principle

3. Freedom of information!

The environmental issue in India looks gloomy despite so many Legislations

and Acts. The rivers and lakes continue to be choked with industrial waste and
sewage. The air in many cities of India is heavily polluted. Deforestation takes
place quite normally. The protection of wildlife is not carried out in its true
spirit, despite the enforcement of Acts.

1. The precautionary principle:

This principle has evolved to deal with risks and uncertainties faced
by environmental management. The principle implies that an ounce
of prevention is worth a pound of cure it does not prevent problems
but may reduce their occurrence and helps ensure contingency plans
are made.

The application of this principle requires either cautious progress

until a development can be judged ‘innocent’, or avoiding
development until research indicates exactly what the risks are, and
then proceeding to minimize them.

Once a threat is identified, action should be taken to prevent or

control damage even if there is uncertainly, about whether the threat
is real. Some environmental problems become impossible or costly
to solve if there is delay, therefore waiting for research and legal proof
is not costless.
2. The polluter-pays principle:
In addition to, the obvious the polluter pays for the damaged caused
by a development this principle also implies that a polluter pays for
monitoring and policing. A problem with this approach is that fines
may bankrupt small businesses, yet be low enough for a large
company to write them off as an occasional overhead, which does
little for pollution control.

There is, thus, debate as to whether the principle should be

retrospective. Developing nations are seeking to have developed
countries pay more for carbon dioxide and other emissions controls,
arguing that they polluted the global environment during the
Industrial Revolution, yet enjoy the fruits of invention from the era.

This principle, in fact, is more a way of allocating costs to the polluter

than a legal principle. This principle was adopted by OECD member
countries in 1972, at least in theory.

3. Freedom of information:
Environmental planning and management is hindered if the public,
NGOs or even official bodies are unable to get information. Many
countries have now begun to release more information, the USA has
a Freedom of Information Act, and the European Union is moving in
this direction.

But still many governors and multinational corporations fear that

industrial secrets will leak to competitors if there is too much
disclosure, and there are situations where authorities declare
strategic needs and suspend disclosure.