1LR EvolEnvLaws&Pol TERISAS - 6sep2023

EVOLUTION OF THE ENVIRONMENTAL

LAWS & POLICIES IN INDIA

TERI School of Advanced Studies

6 September 2023
Dr Lakshmi Raghupathy
Visiting Faculty TERI-SAS; Former Director, MoEF&CC;
Adviser/Consultant Environment & Waste Management
The Environmental law & Policies
 India is the worlds largest democracy with

population of 1.3 billion. It is a highly diverse country
with number of languages, religions, cultures etc.
 The accelerated rate of industrial and economic
developments in the past century has led to
increasing environmental degradation giving a
strong impetus on the need for taking effective steps
of environmental protection.
1LR-ENVLAWPOL-2023 2
The Environmental law & Policies
 Protects the environment – pollution prevention

of air, water, Soil, noise, forests and wild life, &
Protection of ancient monuments .
 Awareness of environment through education and
public awareness has increased.
 Most of the laws were codified by the British for
Environmental Protection by preventing discharge
of pollutants, limiting /banning their discharge,
prevention of poaching and felling of trees
The Environmental laws in India
 The concept of environmental protection is an age old idea

imbibed in the Indian cultural ethos since time
immemorial.
 Protection of the environment and keeping ecological
balance unaffected is the responsibility every individual.
 It is a social obligation and fundamental duty enshrined in
Article 51 A (g) of the Constitution of India.
 To understand the present-day legal system for
environment protection and conservation of natural
resources, it is important to look into the past Indian
traditions and practices of protecting the environment.
.
Environmental laws in Ancient India
Policy and Laws in Ancient India (500 BC-1638 AD)

 Environmental awareness – pre-vedic Indus Valley Civilization 5,000 years
ago. (Harappa and Mohenjo-Daro)
 Awareness about hygiene and sanitation, ventilated houses, orderly
streets, wells, bath rooms, public baths and covered underground drains.
 Protection and cleaning up of environment – Vedic (1500–500 BC)
culture. Charak Samhita (medical Science book of 900 BC – 600 BC)
instructions for the use of water for maintaining its purity. Arthashastra
(an ancient book on statecraft, economic policy and military strategy),
various punishments were prescribed for cutting trees, damaging
forests, and for killing animals and environmental ethics of nature
conservation were not only applicable to common man but the rulers
and kings were also bound by them.
Environmental laws in British India
Laws in British India (1800-1947 AD)

• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed
restrictions on the fouling of seawater.
• Merchant Shipping Act of 1858 dealt with prevention of
sea pollution by oil.
• The Fisheries Act, 1897
• The Bengal Smoke Nuisance Act of 1905
• Bombay Smoke Nuisance Act of 1912
• Wild Birds and Animals Protection Act, 1912
Evolution of Environmental laws
 No precise environmental policy and not much attempts were

made to frame any specific policy or law for the protection of
environment. However, the concern for environmental protection
was reflected in the national planning process and forest policy.
 Environmentalism was evolving influenced by its context is a global
phenomenon – Indian environmentalism that changed through the
years.
 The evolution in the Indian legislations and concern regarding
environment arose after the 1972 UN Conference on Environment
held in Stockholm, Sweden. The modern legislations on
environmental laws in India, a great sense of concern has been
shown by the legislature and even the Indian judiciary shown a
great concern regarding the environment with its landmark
judgements.
 The India Constitution adopted in 1950 did not deal with the
subject of environment or prevention and control of pollution as
such.
 It was the Stockholm Declaration of 1972 which turned the
attention of the Indian Government to the boarder perspective of
environmental protection. Comprehensive (special)
environmental laws were enacted by the Central Government in
India.
 National Council for Environmental Policy and Planning was set up
in 1972 which was later evolved into Ministry of Environment and
Forests (MoEF) in 1985.
 The Wildlife (Protection) Act, 1972, aimed at rational and modern
wild life management.
 The Water (Prevention and Control of Pollution) Act, 1974,
provides for the establishment of pollution control boards at
Centre and States to act as watchdogs for prevention and
control of pollution.
 The Forest (Conservation) Act, 1980 aimed to check
deforestation, diversion of forest land for non-forestry
purposes, and to promote social forestry.
 The Air (Prevention and Control of Pollution) Act,1981, aimed
at checking air pollution via pollution control boards.
 The Environment (Protection) Act, 1986 is a legislation which
provides for single focus in the country for protection of
environment and aims at plugging the loopholes in existing
legislation.
 The Public Liability Insurance Act, 1991, provides for

mandatory insurance for the purpose of providing immediate
relief to person affected by accidents occurring while
handling any hazardous substance.
 The Biological Diversity Act, 2002, is a major legislation
intervention effected in the name of the communities
supposed to be involved in the protection of biodiversity
around them.
National Environmental Policy, 2006
Objective
• Conservation of Critical Environmental Resources
• Intra-generational Equity: Livelihood Security for the Poor
• Inter-generational Equity
• Integration of Environmental Concerns in Economic and
Social Development
• Efficiency in Environmental Resource Use
• Enhancement of Resources for Environmental Conservation
National Environmental Policy, 2006
Principles
• Human Beings are at the Centre of Sustainable Development
Concerns
• Environmental Protection is an Integral part of the Development Process
• The Precautionary Approach
• Economic Efficiency
• Environmental Standard Setting
• Preventive Action
• Environmental Offsetting
Fundamental Status to Environment
The concept of protecting the environment as it is essential to

promote human health to have a healthy environment and
affords a right to a healthy environment to all. Preserving the
environment protects the health of every individual and a
healthy individual promotes the development of the
environment which is the need of the hour.
Law acts as a means of regularizing human conduct and
provides the smooth functioning of society. Since the
word ‘Environment’ did not find its existence in the Indian
Constitution, it became essential to insert provisions in the
constitution as it is the supreme law of the land and such
insertion thus, would prove to be fruitful to protect the
environment from exploitation.
Constitution & Environment Protection
The Preamble of the Indian Constitution begins by stating that the

people of India solemnly resolve to constitute India into a socialist
country. This indicates that our Constitution affords us with the
socialist pattern of society. Thus, aiming at dealing with and solving
social problems first, rather than concentrating on individual
problems.
One of the basic aims of the Preamble is socialism and it is the
responsibility of the state to fulfil this by taking stringent measures
to make the environment free from all forms of pollution.
All the citizens of India intend to secure freedom which also includes
securing justice. Justice can be interpreted and sought in many
forms. Thus, citizens have a right to environmental justice.
Constitution & Environment
Provisions in the Indian Constitution that Ensures

Environmental Protection:
The constitution of India is not inert but a living document that
evolves and grows with time. The specific provisions on
environment protection in the constitution are also a result of
this evolving nature and growth potential of the fundamental
law of the land.
The preamble to our constitution ensures a socialist pattern of
the society and the dignity of the individual. A decent standard
of living and a pollution-free environment is inherent in this.
Environmental Jurisprudence
 Hon’ble Supreme Court through its various judgements also

held that the mandate of right to life includes right to clean
environment, drinking-water and pollution-free atmosphere.
 These judgments includes the famous Taj Mahal Case,
Dehradun Valley Case, Bicchhri Case, Smoking in Public Places
Case, Pollution in Delhi Case, Sri Ram Food and Fertilizer Case,
Public Health Case, Public Park Case and several landmark
judgments on Sustainable development.
 The policies regarding environment has changed very rapidly
through legislations as well as the judicial interpretations but
still there is need of further growth and development in this
regard.
THANK YOU
Dr Lakshmi Raghupathy
9818967335
[email protected]

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EVOLUTION OF THE ENVIRONMENTAL

LAWS & POLICIES IN INDIA

TERI School of Advanced Studies

 India is the worlds largest democracy with

 Protects the environment – pollution prevention

 The concept of environmental protection is an age old idea

Policy and Laws in Ancient India (500 BC-1638 AD)

Laws in British India (1800-1947 AD)

 No precise environmental policy and not much attempts were

 The Public Liability Insurance Act, 1991, provides for

The concept of protecting the environment as it is essential to

The Preamble of the Indian Constitution begins by stating that the

Provisions in the Indian Constitution that Ensures

 Hon’ble Supreme Court through its various judgements also

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