RESEARCH PAPER

ON

ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE REVIEW

AND ANALYSIS

CO- AUTHORED BY-

SWETA BURMAN B-23 & TANU RATHI C-42
BBA LLB SEM-IX
ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE
REVIEW AND ANALYSIS
ABSTRACT
Global attention has been focused heavily on environmental sustainability and conservation
due to growing worries about pollution, biodiversity loss, and climate change. India has
unique environmental challenges due to its diverse ecosystems and growing population. This
report provides a complete analysis of India's environmental laws, charting their historical
development, examining key legislation, and assessing how effectively they respond to
pressing environmental issues. The importance of the legal system, governmental
organizations, and civil society on environmental policy and enforcement procedures is also
highlighted. This paper aims to provide a comprehensive analysis of the state of
environmental laws in India by fusing previous research and contemporary advancements.
INTRODUCTION
The rapid industrialization and urbanization of India have resulted in a number of major
environmental problems, including deforestation, habitat degradation, air and water pollution,
and climate change. India has put in place a comprehensive set of environmental laws and
guidelines to address these issues. The development, scope, and effectiveness of these laws in
halting environmental degradation and promoting sustainability are examined in this paper.
Environmental legislation is an essential part of any governing authority. It consists of a
system of laws and regulations that address various environmental aspects, such as the quality
of the air and water. The primary goal of India's environmental laws, which are based on
environmental legal concepts, is the management of certain natural resources, such as forests,
minerals, or fisheries. The environmental regulations in India are a direct reflection of what
the constitution intended. The necessity for environmental preservation, protection, and
sustainable resource use is taken into account by both the Indian constitutional framework
and India's international responsibilities.
PROVISIONS RELATED TO ENVIRONMENT IN THE
CONSTITUTION OF INDIA
The Indian Constitution includes the protection of the environment among its Fundamental
Duties and Directive Principles of State Policy.
DIRECTIVE PRINCIPLES OF STATE POLICY
PART- IV ARTICLE 48A- Environment protection, improvement, and preservation of
forests and wildlife The State shall make efforts to safeguard the nation's forests and wildlife
as well as to maintain and develop the environment.
FUNDAMENTAL DUTIES
PART- IV A ARTICLE-51A- to exhibit compassion for all living things and to preserve and
enhance the natural environment, including woods, lakes, rivers, and wildlife.
HISTORY OF ENVIRONMENTAL LAWS IN INDIA
A thorough and well-established framework for environmental protection was developed
during the UN conference on the human environment that took place in Stockholm in 1972.
As a result, the science and technology division formed the National Council for
Environmental Policy and Planning in 1972.This was established to establish a regulatory
body for the investigation of environmental issues and challenges. Later, this council was
succeeded by the Ministry of Environment and Forests.In order to protect the environment
and biodiversity, the Indian government has implemented a variety of measures. The
important and relevant environmental laws and acts are listed and explained in the sections
that follow.
1. THE WILDLIFE (PROTECTION) ACT, 1972
The Act deals with issues that are associated with, incidental to, or relevant to the
preservation of wild animals, birds, and plants. It includes the whole of India.
There are six schedules, each with varying degrees of protection:
 Schedule I and section II of Schedule offer total protection; violators of them
are subject to the severe penalties.
 Schedule III and IV species are also protected, but the repercussions are much
less severe.
 According to the law, common crows, fruit bats, rats, and mice are considered
vermin and are therefore subject to unrestricted hunting.
 Schedule VI prohibits the planting and cultivation of a number of indigenous
species.
These organizations are governed by The Wildlife (Protection) Act:
 National Board for Wildlife and state wildlife advisory boards
 Central Zoo Authority
 Wildlife Crime Control Bureau
 National Tiger Conservation Authority

1. THE WATER (PREVENTION AND CONTROL OF POLLUTION)

ACT, 1974
The goal is to offer control and prevention of water contamination. retaining or
restoring the wholesomeness and cleanliness of water from all sources.
Regulation authority is granted to the State Pollution Control Board (SPCB) and the
Center Pollution Control Boards (CPCB).
The statutory organizations known as CPCB and SPSB were established under the
Water Act of 1974. The power to establish and enforce effluent regulations for
factories that discharge pollutants into bodies of water is granted to CPCB and SPCB.

The CPCB performs the same responsibilities for union territory, including
formulating policies to prevent water pollution and organizing the work of multiple
SPSBs.

SPCB controls the release of industrial effluent and sewage by accepting, rejecting,
and granting consent to discharge.

2. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT,

1981
The primary goals of the act are to: • Establish boards at the federal and state levels to
carry out the act; • Provide for the prevention, control, and abatement of air pollution.
In India, the act aims to curb and prevent air pollution.

The CPCB and SPCB received the assignment.

It states that sources of air pollution like internal combustion engines, industry,
vehicles, power plants, etc. are not allowed to release particulate matter, lead, carbon
monoxide, sulphur dioxide, nitrogen oxide, volatile organic compounds (VOCs), or
other toxic substances beyond the established limit.

The state government can use it to pinpoint areas with high levels of air pollution.

3. THE ENVIRONMENT (PROTECTION) ACT, 1986

This legislation was passed in accordance with article 253 (laws implementing foreign
agreements).
This law was enacted following the Bhopal gas disaster in December 1984.
The Stockholm Declaration from the 1972 UN conference on the human environment
was achieved through its implementation.
The MoEFCC announces eco-sensitive zones or ecologically vulnerable areas in
accordance with the EPA of 1986, which calls for 10-kilometer buffer zones
surrounding protected sites.
Regulatory organizations covered by the EPA in 1986:
The Genetic Engineering Evaluation Committee, for example-The National Ganga
Council, formerly the National Coastal Zone Management Authority, is a division of
the Ministry of Jal Sakthi.
Regulations from 2000 on Ozone Depleting Substances (Regulation and Control)
It also specified timelines for the phase-out of specific ozone depleting substances
(ODSs) and restricted the production, sale, import, and export of commodities
containing ODS.
Apart from metered-dose inhalers and other medical purposes, these restrictions
prohibit the use of CFCs, halons, ODSs including methyl chloroform and carbon
tetrachloride, and SFC.
2018 announcement of coastal regulation zones:
It was declared in accordance with the Shailesh Nayak Committee's recommendations
to promote sustainable growth while taking natural risks like sea level rise due to
global warming into account to ensure the security of local communities' livelihoods,
especially those of fishermen, as well as the preservation and protection of wildlife.
For regulatory purposes, four zones have been classified as CRZs:
1. CRZ I include the intertidal zone, mangroves, coral reefs, salt marshes, and other
ecologically sensitive areas.
2. CRZ II consists of developed, close-by coastline areas.
3. CRZ III: Less densely populated coastal areas, such as those found in rural areas.
4. CRZ IV, which includes the area of water from India's territorial seas to the Low
Tide Line (LTL).

4. The Energy Conservation Act of 2001

It served as a way to cut waste and improve energy efficiency. It describes the
specifications for the energy consumption of equipment and appliances.
It outlines recommendations for consumer energy use. It outlines construction
requirements for energy-efficient commercial buildings. The statute created the
Bureau of Energy Efficiency (BEE), a statutory organization.

5. BIOLOGICAL DIVERSITY ACT, 2002

It was implemented to ensure the effectiveness of the Nagoya Protocol and CBD.
To stop biopiracy, protect biological diversity, and help local producers, State
Biodiversity Boards (SBBS), the National Biodiversity Authority (NBA), and the
Biodiversity Management Committees (BMCS) were established through a three-
tiered framework of central, state, and local boards and committees.

6. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition

of Forest Rights) Act, 2006 (FRA)
The act recognizes and grants other traditional forest dwellers (OTFD) and scheduled
tribes of forest dwellers (FDST) who have lived there for many generations the right
to occupy forest land. This action is under the supervision of the Ministry of Tribal
Affairs.
The law also specifies the responsibilities and authority for FDST and OTFD
ecological preservation, biodiversity protection, and sustainable use.
It strengthens the conservation regime for the woodlands while preserving the way of
life and food security of the FDST and OTFD.

It attempts to make up for historical wrongs done to the OTFD and FDST, who are
essential to the survival and sustainability of the forest ecosystem.

The act identifies four types of Rights-

1.Title Rights - Up to a maximum of 4 hectares, it gives the FDST and OTFD
ownership rights over any land used for cultivation by tribal people or forest dwellers.
Ownership only extends to land that the concerned family is actively cultivating; no
further lands will be provided.
2. Rights to assistance and development-To basic amenities and restoration in cases
of forcible expulsion or eviction, subject to restrictions for forest preservation.
3. Rights of use-The rights of the locals include the ability to access grazing grounds,
pastoralist routes, and minor forest products.
4. The right to manage forests - This right includes the power to regenerate,
maintain, or restore any community forest resource that has historically been
protected and conserved for future use.

7. THE NATIONAL GREEN TRIBUNAL ACT, 2010

The National Green Tribunal Act of 2010 was established to provide judicial and
administrative remedies for persons who have experienced pollution and other
environmental harm. The National Green Tribunal (NGT), a specialist court with
experience dedicated to resolving environmental disputes in the country, was
established in 2010. The Supreme Court, Law Commission, and India's international
legal obligations to create and effectively implement national environmental laws all
advised that the Tribunal should be established because the majority of environmental
cases involve multidisciplinary issues and are best handled in specialized forums. It is
the duty of the Tribunal to swiftly and effectively settle disputes involving
environmental protection, the protection of forests and other natural resources, and the
enforcement of all environmental legal rights. The Tribunal may award aggrieved
parties damages and other relief, and its decisions are binding and enforceable.
The right to a healthy environment is also guaranteed by Article 21 of the
Constitution, which is supported by this. The National Green Tribunal shall resolve
any disputes referred to it within six months of its appointment. The NGT is primarily
in charge of cases involving serious environmental issues.
Fortunately, though, the National Green Tribunals support lawyers who concentrate
on environmental law, and as a result, the Tribunal is seen as a key component of
achieving justice in environmental matters. There will come a day when
environmental regulation will receive the most attention.
The NGT must make a decision on the issues submitted to it within six months after
receiving the appeals. Important environmental issues fall under the initial purview of
the NGT.
The following seven environmental regulations are dealt with by the NGT in civil
cases:
 Act of 1974 on Water (Prevention and Control of Pollution)
 The 1974 Water (Prevention and Control of Pollution) Cess Act
 Act of 1977 on Air Pollution Prevention and Control
 The 1980 Forest Conservation Act
 1986's Environmental Protection Act
 The 1991 Public Liability Insurance Act
 The 2002 Biodiversity Act
On account of the subsequent 2 acts, NGT's authority has been rejected:
o The Wildlife Protection Act of 1972
o Scheduled Tribes and Other Traditional Forest Dwellers: Forest Rights Act of 2006

The Supreme Court and the High Courts both have jurisdiction to hear appeals of
NGT rulings.

8. COMPENSATORY AFFORESTATION FUND ACT, 2016

The Compensatory Afforestation Fund Management and Planning Authority
(CAMPA) managed the funds that were collected for compensatory afforestation prior
to the enactment of the CAF Act.
When forest land is used for purposes other than forestry, such as mining or industry,
compensatory afforestation is the practice of planting trees over an equal area of non-
forest land or, in the lack of such land, twice the area of degraded forest land.
90% of the CAF monies must be distributed to the states in accordance with the rules,
and 10% must be retained by the Center.
The funds can be put to use for a number of initiatives, such as clearing catchment
areas, promoting natural energy production, managing forests and wildlife, relocating
villages from protected areas, resolving conflicts between people and wildlife,
developing awareness and training initiatives, offering wood-saving equipment, and
other related tasks.

LANDMARK CASES

J.C. Galstaun v. Dunia Lal Seal (1905)1

FACTS: This is India's first instance of environmental pollution. The defendant's

nearby factory was sued by the plaintiff in this case for dumping waste liquid from its
production process into a public sewer that ran through the plaintiff's property. In
addition to damaging his health, comfort, and the market worth of his garden land, he
asserted that the liquid had a disagreeable odor and was unhealthy for the adjacent
residents, notably his own. The defendant acknowledged that his liquid waste smelled
bad, but he refuted claims that it was hazardous or would harm the plaintiff's property.
He said that his factory produced things legally and had a government license. The
Calcutta High Court later heard an appeal on the ruling.

Judgement- The High Court rejected the aforementioned defense, concluding that the
defendant is accountable for this harm and had no right to discharge any kind of liquid
into the municipal sewage. The plaintiff has in fact been harmed as a result of this
behavior. Therefore, he is entitled to significant damages.

M.C. Mehta & Another vs. Union of India & Others & Shriram
Foods & Fertilizer Industries & Another v. Union of India & Others
(1987)2

FACTS- Under the provisions of Articles 21 and 32 of the Constitution, M.C. Mehta
filed a writ petition. He urged that Shriram Food and Fertilizer be shut down since it
produces dangerous compounds and is situated in Kirti Nagar, an area with a high
population density. Oleum gas leaked from one of its units while the petition was still
pending, killing several individuals and negatively impacting the health of numerous
more. The incident took place a short time before the Environment (Protection) Act
went into effect and served as the impetus for such a strong regulation.
HELD- All of these chemical businesses are hazardous, but Chief Justice Bhagwati
noted in the judgment that they cannot be eliminated from the nation since they raise
the standard of living. Even though these enterprises are risky, they must be
established since they serve a variety of necessities, like in this instance, when the
manufacturers feed chlorine gas to the Delhi Water Company to maintain clean
drinking water. The development of these industries is crucial for the economy of the
nation. The decision in the case is historic since it establishes a company's liability for
damages for the first time in Indian history. Because it took into account all relevant
legal, social, and economic aspects, the Supreme Court supported the environment
and public rights in this case.
1
(1905) 9 CWN 612
2
AIR 1987 SC 1086
M.C. Mehta v. Union of India (1997)3

FACTS- The Taj Trapezium case, popularly known as the Taj Mahal lawsuit, was
contested by M.C. Mehta and the Union of India. While visiting the Taj Mahal in
1984, Mehta noticed that the white marble was becoming yellow. He asked the
Supreme Court for more information through a petition. The petitioner stated that
pollution is mostly to blame for the Taj Mahal's white marble becoming yellow. Toxic
chemical emissions, including those of sulfur dioxide and oxygen, are what generate
acid rain. Rain damaged the monument and turned the stone a sickly yellow color. So,
the petitioner requested that the memorial be preserved.

Judgment- The Taj Mahal's mining was found to be impacted by socioeconomic

factors in addition to chemicals by the Supreme Court. Persons who reside in trapeze
zones are at risk from air pollution. A court ordered 292 businesses to switch to using
propane instead of coke or coal; if they don't, they must relocate.
The Gas Authority of India Limited handled applications for gas. The court also
granted industrial workers a number of crucial rights and demanded that they receive
their paychecks during relocation.

M.C. Mehta v. Union of India (1988)4

In M.C. Mehta v. Union of India (1988), a writ case was filed in the Supreme Court
requesting that residential and industrial waste not be discharged into the Ganga River
by leather tanneries. He asked the court to prohibit the discharge of sewage into the
river until a particular treatment strategy to lessen water contaminant has been put in
place.
The Supreme Court determined that the general public is extremely at risk from
unclean water's ability to spread a variety of diseases. The Court ruled that it was the
industry's responsibility to ensure that the rubbish was properly handled before being
dumped. Mahapalika, according to the Court, was also held accountable for breaching
its commitments and for taking no action to prevent water contamination. It told
Mahapalika to take action.
The court further ordered that the federal government make materials publicly
accessible to the broader public in order to raise public awareness of environmental
concerns. It went on to say that the decision will apply to all Mahapalika who had
control over the Ganga.
The decision is still recognized as one of the most important in terms of our country's
environmental laws. Various innovative situations, as well as legal and constitutional
right interpretations, are included in the decision.

A global perspective on environment laws

United Nations Conference on the Human Environment, Stockholm, 1972

The first international conference to concentrate on environmental concerns was the
United Nations Conference on the Environment, held in Stockholm in 1972. The
3
AIR 1997 1 SCC 388
4
1988 AIR 1115, 1988 SCR (2) 530
Stockholm Declaration, the Action Plan for the Human Environment, and several
resolutions were all approved by the participants as guiding principles for ethical
environmental management. A dialogue between developed and developing countries
about the connections between economic development, air, water, and ocean
pollution, and the well-being of people around the world was launched with the
Stockholm Declaration, which established 26 principles.

CONCLUSION
In India, the disquiet for environmental protection has not only risen to become the
country’s fundamental law but is also linked to the human rights policy, and it is now
widely believed that the basic human right of everyone is to live in a pollution-free
environment. A friendly environment is full of human dignity. It is time for the public,
the public institutions, states, and Central Government to recognize the damage our
development process is doing to the environment. Strict enforcement is also required.
Laws are a powerful medium for enforcing citizens to observe cleanliness and thus
fight pollution. Environmental protection laws in India need to be repositioned in a
modern context.
However, it is important to understand that such enactment is not enough until a
positive attitude on the part of everyone in society will be seen.