ENVIRONMENTAL LEGISLATION

Environmental law is an integral part of any government agency. It includes a series of laws and
regulations related to water quality, air quality, and other environmental aspects. The success of
environmental legislation mainly depends on how they are implemented. Legislation is also a
valuable tool to educate people about their responsibility to maintain a healthy environment.
Environmental law in India is based on principles of environmental law and focuses on the
management of certain natural resources such as minerals, forests, and fisheries. Environmental
law in India directly reflects the provisions of the Constitution. The need to protect and maintain
the environment and make sustainable use of natural resources is reflected in India’s
constitutional framework and India’s international obligations.

India is the first country in the world to have made provisions for the protection and conservation
of environment in its constitution. On 5th June, 1972, environment was first discussed as an item
of international agenda in the U.N. Conference on Human Environment in Stockholm and
thereafter 5th June is celebrated all over the world as World Environment Day. Soon after the
Stockholm Conference our country took substantive legislative steps for environmental
protection. The Wildlife (Protection) Act was passed in 1972, followed by the Water (Prevention
and Control of Pollution) Act 1974, the Forest (Conservation) Act, 1980, Air (Prevention and
Control of Pollution) Act, 1981 and subsequently the Environment (Protection) Act, 1986.
Constitutional Provisions The provisions for environmental protection in the constitution were
made within four years of Stockholm Conference, in 1976, through the 42nd amendment as
follows:

Article 48-A of the constitution provides: The state shall Endeavour to protect and improve the
environment and to safeguard forests and wildlife of the country.

Article 51A (g) provides: It shall be the duty of every citizen of India to protect and improve
the natural environment including forests, lakes, rivers and wildlife and to have compassion for
living creatures. Thus our constitution includes environmental protection and conservation as
one of our fundamental duties. Some of the important Acts passed by the Government of India
are discussed he

ENVIRONMENT PROTECTION ACT

The Act came into force on Nov. 19, 1986, the birth anniversary of our Late Prime Minister
Indira Gandhi, who was a pioneer of environmental protection issues in our country. The
Act extends to whole of India. Some terms related to environment have been described as
follows in the Act:

(i) Environment includes water, air and land and the inter-relationships that exist
among and between them and human beings, all other living organisms and
property.
(ii) Environmental pollution means the presence of any solid, liquid or gaseous
substance present in such concentration, as may be, or tend to be, injurious to
environment.
(iii) Hazardous Substance means any substance or preparation which by its physico-
chemical properties or handling is liable to cause harm to human beings, other
living organisms, property or environment.

The Act has given powers to the Central Government to take measures to protect and improve
environment while the state governments coordinate the actions. The most important functions of
Central Govt. under this Act include setting up of:

(a) The standards of quality of air, water or soil for various areas and purposes.

(b) The maximum permissible limits of concentration of various environmental pollutants

(including noise) for different areas.

(c) The procedures and safeguards for the handling of hazardous substances.

(d) The prohibition and restrictions on the handling of hazardous substances in different areas.

(e) The prohibition and restriction on the location of industries and to carry on process and
operations in different areas.

(f) The procedures and safeguards for the prevention of accidents which may cause
environmental pollution and providing for remedial measures for such accidents

The power of entry and inspection, power to take sample etc. under this Act lies with the Central
Government or any officer empowered by it. For the purpose of protecting and improving the
quality of the environment and preventing and abating pollution, standards have been specified
under Schedule I- IV of Environment (Protection) Rules, 1986 for emission of gaseous pollutants
and discharge of effluents/waste water from industries. These standards vary from industry to
industry and also vary with the medium into which the effluent in discharged or the area of
emission. For instance, the maximum permissible limits of B.O.D. (Biochemical Oxygen
Demand) of the waste water is 30 ppm if it is discharged into inland waters, 350 ppm if
discharged into a public sewer and 100 ppm, if discharged onto land or coastal region. Likewise,
emission standards vary in residential, sensitive and industrial area. Naturally the standards for
sensitive areas like hospitals are more stringent. It is the duty of the Pollution Control Board to
check whether the industries are following the prescribed norms or not.

ENVIRONMENT PROTECTION RULES

Under the Environmental (Protection) Rules, 1986 the State Pollution Control Boards have
to follow the guidelines provided under Schedule VI, some of which are as follows:
(a) They have to advise the Industries for treating the waste water and gases with the best
available technology to achieve the prescribed standards

(b) The industries have to be encouraged for recycling and reusing the wastes.
(c) They have to encourage the industries for recovery of biogas, energy and reusable
materials.
(d) While permitting the discharge of effluents and emissions into the environment, the
State Boards have to take into account the assimilative capacity of the receiving water body.
(e) The Central and State Boards have to emphasize on the implementation of clean
technologies by the industries in order to increase fuel efficiency and reduce the generation
of environmental pollutants.
Under the Environment (Protection) Rules, 1986 an amendment was made in 1994 for
Environmental Impact Assessment (EIA) of Various Development Projects. There are 29
types of projects listed under Schedule I of the rule which require clearance from the Central
Government before establishing. Others require clearance from the State Pollution Control
Board, when the proposed project or expansion activity is going to cause pollution load
exceeding the existing levels. The project proponent has to provide EIA report, risk analysis
report, NOC from State Pollution Control Board, Commitment regarding availability of
water and electricity, Summary of project report/feasibility report, filled in a questionnaire
for environmental appraisal of the project and comprehensive rehabilitation plan, if more
than 1000 people are likely to be displaced due to the project. Under the Environment
(Protection) Act, 1986 the Central Government also made the Hazardous Wastes
(Management and Handling) Rules, 1989. Under these rules, it is the responsibility of the
occupier to take all practical steps to ensure that such wastes are properly handled and
disposed off without any adverse effects. There are 18 Hazardous Waste categories
recognized under this rule and there are guidelines for their proper handling, storage,
treatment, transport and disposal which should be strictly followed by the owner. The
Environment (Protection) Act, 1986 has also made provision for environmental Audit as a
means of checking whether or not a company is complying with the environmental laws and
regulations. Thus, ample provisions have been made in our country through law for
improving the quality of our environment.
ENFORCEMENT OF ENVIRONMENTAL LEGISLATION— MAJOR
ISSUES
We have seen that there are a number of important environmental laws in the form of Acts
for safeguarding our environmental quality. But inspite of these acts, we find that we are not
able to achieve the target of bringing 33% of our land cover under forests. Still we are losing
our wild life. The rivers have been turned into open sewers in many places and the air in our
big cities is badly polluted. The status of environment shows that there are drawbacks in
environmental legislations and problems in their effective implementation.
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT,
1981
Salient features of the act are as follows:
(i) The Act provides for prevention, control and abatement of air pollution.
(ii) In the Act, air pollution has been defined as the presence of any solid, liquid or
gaseous substance (including noise) in the atmosphere in such concentration as
may be or tend to be harmful to human beings or any other living creatures or
plants or property or environment.
(iii) Noise pollution has been inserted as pollution in the Act in 1987.
(iv) Pollution control boards at the central or state level have the regulatory authority
to implement the Air Act. Just parallel to the functions related to Water
(Prevention and Control of Pollution) Act, the boards perform similar functions
related to improvement of air quality. The boards have to check whether or not
the industry strictly follows the norms or standards laid down by the Board under
section 17, regarding the discharge of emission of any air pollutant. Based upon
analysis report consent is granted or refused to the industry.
(v) Just like the Water Act, the Air Act has provisions for defining the constitution,
powers and function of Pollution Control Boards, funds, accounts, audit,
penalties and procedures.
(vi) Section 20 of the Act has provision for ensuring emission standards from
automobiles. Based upon it, the state govt. is empowered to issue instructions to
the authority incharge of registration of motor vehicles (under Motor Vehicles
Act, 1939) that is bound to comply with such instructions.
(vii) As per Section 19, in consultation with the State Pollution Control Board, the
state government may declare an area within the state as air pollution control
area and can prohibit the use of any fuel other than approved fuel in the area
causing air pollution. No person shall, without prior consent of State Board
operate or establish any industrial unit in the air pollution control area .

The Water and Air Acts have also made special provisions for appeals. Under
Section 28 of Water Act and Section 31 of Air Act, a provision for appeals has
been made. An Appellate Authority consisting of a single person or three persons
appointed by the Head of the State, Governor is constituted to hear such appeals
as filed by some aggrieved party (industry) due to some order made by the State
Board within 30 days of passing the orders. The Appellate Authority after giving
the appellant and the State Board an opportunity of being heard disposes off the
appeal as expeditiously as possible.
WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1974
It provides for maintaining and restoring the wholesomeness of water by
preventing and controlling its pollution. Pollution is defined as such
contamination of water, or such alteration of the physical, chemical or biological
properties of water, or such discharge as is likely to cause a nuisance or render
the water harmful or injurious to public health and safety or harmful for any
other use or to aquatic plants and other organisms or animal life. The definition
of water pollution has thus encompassed the entire probable agents in water that
may cause any harm or have a potential to harm any kind of life in any way.
The salient features and provisions of the Act are summed up as follows:

(1)It provides for maintenance and restoration of quality of all types of surface and

Ground water.

(ii) It provides for the establishment of Central and State Boards for pollution
control.

(iii) It confers them with powers and functions to control pollution.

The Central and State Pollution Control Boards are widely represented and are
given comprehensive powers to advise, coordinate and provide technical
assistance for prevention and control of pollution of water.

(iv) The Act has provisions for funds, budgets, accounts and audit of the Central
and State Pollution Control Boards.

(v) The Act makes provisions for various penalties for the defaulters and
procedure for the same.

The main regulatory bodies are the Pollution Control Boards, which have
been, conferred the following duties and powers:

Central Pollution Control Board (CPCB):

 It advises the central govt. in matters related to prevention and control of

water pollution.
 Coordinates the activities of State Pollution Control Boards and provides
them technical assistance and guidance.
 Organizes training programs for prevention and control of pollution.
 Organizes comprehensive programs on pollution related issues through
mass media.
 Collects, compiles and publishes technical and statistical data related to
pollution.
 Prepares manuals for treatment and disposal of sewage and trade
effluents. l Lays down standards for water quality parameters.
 Plans nation-wide programs for prevention, control or abatement of
pollution.
 Establishes and recognizes laboratories for analysis of water, sewage or
trade effluent sample.

The State Pollution Control Boards also have similar functions to be

executed at state level and are governed by the directions of CPCB.
 The Board advises the state govt. with respect to the location of
any industry that might pollute a stream or a well.
 It lays down standards for effluents and is empowered to take
samples from any stream, well or trade effluent or sewage
passing through an industry.
 The State Board is empowered to take legal samples of trade
effluent in accordance with the procedure laid down in the Act.
 The sample taken in the presence of the occupier or his agent is
divided into two parts, sealed, signed by both parties and sent for
analysis to some recognized lab. If the samples do not conform
to the prescribed water quality standards (crossing maximum
permissible limits), then consent is refused to the unit.
 Every industry has to obtain consent from the Board (granted for
a fixed duration) by applying on a prescribed Preformed
providing all technical details, along with a prescribed fee
following which analysis of the effluent is carried out.
 The Board suggests efficient methods for utilization, treatment
and disposal of trade effluents. The Act has made detailed
provisions regarding the power of the Boards to obtain
information, take trade samples, restrict new outlets, restrict
expansion, enter and inspect the units and sanction or refuse
consent to the industry after effluent analysis. While
development is necessary, it is all the more important to prevent
pollution, which can jeopardize the lives of the people.
Installation and proper functioning of effluent treatment plants
(ETP) in all polluting industries is a must for checking pollution
of water and land. Despite certain weaknesses in the Act, the
Water Act has ample provisions for preventing and controlling
water pollution through legal measures.
WILDLIFE PROTECTION ACT
The act, a landmark in the history of wildlife legislation in our country, came into existence in
1972. Wildlife was transferred from State list to concurrent list in 1976, thus giving power to the
Central Govt. to enact the legislation.

The Indian Board of Wildlife (IBWL) was created in 1952 in our country, which after the
enactment of the Wildlife (Protection) Act actively took up the task of setting up wildlife
National Parks and sanctuaries. The major activities and provisions in the act can be summed up
as follows:

(i) It defines the wild-life related terminology.

(ii) It provides for the appointment of wildlife advisory Board, Wildlife warden, their
powers, duties etc.
(iii) Under the Act, comprehensive listing of endangered wild life species was done for
the first time and prohibition of hunting of the endangered species was mentioned.

(iv) Protection to some endangered plants like Beddome cycad, Blue Vanda, Ladies Slipper
Orchid, Pitcher plant etc. is also provided under the Act.

(iv) The Act provides for setting up of National Parks, Wildlife Sanctuaries etc.
(v) The Act provides for the constitution of Central Zoo Authority.
(vi) There is provision for trade and commerce in some wildlife species with license for
sale, possession, transfer etc.
(vii) The Act imposes a ban on the trade or commerce in scheduled animals.

(ix) It provides for legal powers to officers and punishment to offenders.

(x) It provides for captive breeding programme for endangered species. Several Conservation
Projects for individual endangered species like lion (1972) Tiger (1973), Crocodile (1974)
and Brown antlered Deer (1981) were started under this Act.

The Act is adopted by all states in India except J & K, which has it own Act. Some of the
major drawbacks of the Act include mild penalty to offenders, illegal wild life trade in J & K,
personal ownership certificate for animal articles like tiger and leopard skins, no coverage of
foreign endangered wildlife, pitiable condition of wildlife in mobile zoos and little emphasis
on protection of plant genetic resources.

FOREST CONSERVATION ACT

This act deals with the conservation of forests and related aspects. Except J & K, the act is
adopted all over India. The Act covers under it all types of forests including reserved forests,
protected forests or any forested land irrespective of its ownership. The salient features of the
Act are as follows:
(i) The State Govt. has been empowered under this Act to use the forests only for
forestry purposes. If at all it wants to use it in any other way, it has to take prior
approval of central Government, after which it can pass orders for declaring some
part of reserve forest for non-forest purposes (e.g. mining) or for clearing some
naturally growing trees and replacing them by economically important trees
(reforestation).
(ii) It makes provision for conservation of all types of forests and for this purpose there is
an Advisory committee which recommends funding for it to the Central Government.
(iii) Any illegal non-forest activity within a forest area can be immediately stopped
under this Act. Non-forest activities include clearing of forest land for cultivation of
any type of plants/crops or any other purpose (except re-afforestation). However,
some construction work in the forest for wildlife or forest management is exempted
from non-forest activity (e.g. fencing, making water-holes, trench, pipelines, check
posts, wireless communion etc.)

AMENDMENT IN THE FOREST ACT

 In 1992, some amendment was made in the Act which made provisions for allowing
some non-forest activities in forests, without cutting trees or limited cutting with prior
approval of Central Govt. These activities are setting of transmission lines, seismic
surveys, exploration, drilling and hydroelectric projects. The last activity involves large
scale destruction of forest, for which prior approval of the Centre is necessary.
 Wildlife sanctuaries, National Parks etc. are totally prohibited for any exploration or
survey under this Act without prior approval of Central Govt. even if no tree-felling is
involved. l Cultivation of tea, coffee, spices, rubber and plants which are cash-crops, are
included under non-forestry activity and not allowed in reserve forests.
 Even cultivation of fruit-bearing trees, oil-yielding plants or plants of medicinal value in
forest area need to be first approved by the Central Govt. This is because newly
introduced species in the forest area may cause an imbalance in the ecology of the forest.
If the species to be planted is a native species, then no prior clearance is required.
 Tusser cultivation (a type of silk-yielding insect) in forest areas by tribal’s as a means of
their livelihood is treated as a forestry activity as long as it does not involve some specific
host tree like Asan or Arjun. This is done in order to discourage monoculture practices in
the forests which are otherwise rich in biodiversity.
 Plantation of mulberry for rearing silkworm is considered a non-forest activity. The
reason is same as described above.
 Mining is a non-forestry activity and prior approval of Central Govt. is mandatory. The
Supreme Court in a case T.N. Godavarman Thirumulkpad Vs. Union of India (1997)
directed all on-going mining activity to be ceased immediately in any forest area of India
if it had not got prior approval of Central government.
 Removal of stones, bajri, boulder etc from river-beds located within the forest area fall
under non-forest activity.
 Any proposal sent to central govt. for non-forest activity must have a cost-benefit
analysis and Environmental Impact statement (EIS) of the proposed activity with
reference to its ecological and socio-economic impacts.

Thus, the Forests (Conservation) Act has made ample provisions for conservation
and protection of forests and prevents deforestation.

ENFORCEMENT OF ENVIRONMENTAL LEGISLATION— MAJOR

ISSUE
We have seen that there are a number of important environmental laws in the form of Acts for
safeguarding our environmental quality. But inspite of these acts, we find that we are not able to
achieve the target of bringing 33% of our land cover under forests. Still we are losing our wild
life. The rivers have been turned into open sewers in many places and the air in our big cities is
badly polluted. The status of environment shows that there are drawbacks in environmental
legislations and problems in their effective implementation. Let us examine some important
issues related to our acts:

Drawbacks of the Wildlife (Protection) Act, (1972) It seems as if the Act has been
enacted just as a fallout of Stockholm Conference held in 1972 and it has not included
any locally evolved conservation measures.

 The ownership certificates for animal articles (tiger, leopard skins etc.) are
permissible which very often serve as a tool for illegal trading.
 The wildlife traders in Jammu and Kashmir easily get illegal furs and skins from
other states which after making caps; belts etc. are sold or smuggled to other
countries. This is so happening because J & K has its own Wildlife Act and it
does not follow the Central Wild Life Act. Moreover, hunting and trading of
several endangered species prohibited in other states are allowed in J & K,
thereby opening avenues for illegal trading in such animals and articles.
 The offender of the Act is not subject to very harsh penalties. It is just upto 3
years imprisonment or a fine of Rs. 25,000 or both.
(b) Drawbacks of the Forest (Conservation) Act, 1980: This Act has inherited
the exploitative and consumerist elements from the Forest laws of British period.
It has just transferred the powers from state to centre, to decide the conversion of
reserve forest lands to non-forest areas. Thus power has been centralized at the
top. At the same time, the local communities have been completely kept out from
the decision making process regarding the nature of use of forest area. Very
often, the tribal’s who lived in the forest and were totally dependent on forests
retaliate when stopped from taking any resources from there and start criminal
activities including smuggling, killing etc. The Act has failed to attract public
support because it has infringed upon the human rights of the poor native people.
They argue that the law is concerned about protecting the trees, birds and
animals, but is treating the poor people as marginal. Very poor community
participation in the Act remains one of the major drawbacks which affect
proper execution of the Act. The forest-dwelling tribal communities have a rich
knowledge about the forest resources, their importance and conservation. But,
their role and contribution is neither acknowledged nor honored. Efforts are now
being made to make up for the gaps in laws by introducing the principles of
Public trust or Human rights Protection.

DRAWBACKS OF POLLUTION RELATED ACTS

 The power and authority has been given to central government with little
delegation of power to state government. Excessive centralization very
often hinders efficient execution of the provisions of the Acts in the
states. Illegal mining is taking place in many forest areas. In Rajasthan
alone, about 14000 cases of illegal mining have been reported. It becomes
more difficult to check such activities at the central level.
 The provision of penalties in the Act is very insignificant as compared to
the damage caused by the big industries due to pollution. The penalty is
much less than the cost of the treatment/ pollution control equipments.
This always gives a loose rope to the industries.
 The Act has not included the right to information for the citizens. This
greatly restricts the involvement or participation of the general public.
 The Environment (Protection) Act, 1986 regarded as an umbrella Act,
encompassing the earlier two Acts often seems superfluous due to
overlapping areas of jurisdiction. For instance Section 24 (2) of the new
Act has made a provision that if the offender is punishable under the other
Acts like Water Act or Air Act also, then he may be considered under
their provisions. Interestingly, the penalty under the older two Acts is
much lighter than the new Act. So the offender easily gets away with a
lighter punishment.
 Under Section 19, a person cannot directly file a petition in the court on a
question of environment and has to give a notice of minimum 60 days to
the central government.
 Litigation, particularly related to environment is very expensive, tedious
and difficult since it involves expert testimony, technical knowledge of
the issues and terminologies, technical understanding of the unit process,
lengthy prosecutions etc.
 The State Boards very often lack adequate funds and expertise to pursue
their objectives.
 A tendency to seek to exercise gentle pressure on the polluter and out of
the court settlements usually hinders the implementation of legal
measures.
 For small units it is very expensive to install Effluent Treatment Plant
(ETP) or Air pollution control devices and sometimes they have no other
option but to close the unit. The Act should make some provision for
providing subsidies for installing treatment plants or common effluent
treatment plants for several small units.
 The pollution control laws are not backed by sound policy
pronouncements or guiding principles.
 The position of chairman of the boards is usually occupied by political
appointee. Hence it is difficult to keep political interference at bay.
 The policy statement of the Ministry of Environment and Forests (1992)
of involving public in decision-making and facilitating public monitoring
of environmental issues has mostly remained on paper.

ENVIRONMENTAL PUBLIC AWARENESS

Public awareness about environment is at a stage of infancy. Of late, some awareness has taken
place related to environmental degradation, pollution etc. but incomplete knowledge and
information and ignorance about many aspects has often led to misconceptions. Development
has paved the path for rise in the levels or standards of living but it has simultaneously led to
serious environmental disasters Issues related to environment have often been branded as
antidevelopment. The wisdom lies in maintaining a balance between our needs and supplies so
that the delicate ecological balance is not disrupted. Some of the main reasons responsible for
widespread environmental ignorance can be summed up as follows:

(i) Our courses in Science, technology, economics etc. have so far failed to integrate the
knowledge in environmental aspects as an essential component of the curriculum.
(ii) Our planners, decision-makers, politicians and administrators have not been trained so as
to consider the environmental aspects associated with their plans.
(iii) In zeal to go ahead with some ambitious development projects, quite often there is
purposeful concealment of information about environmental aspects.
(iv) There is greater consideration of economic gains and issues related to eliminating
poverty by providing employment that overshadows the basic environmental issues
Methods to Propagate Environmental Awareness
Environmental awareness needs to be created through formal and informal education to all
sections of the society. Everyone needs to understand it because environment belongs to all
and every individual matters when it comes to conservation and protection of environment.

Various stages and methods that can be useful for raising environmental awareness in
different sections of the society are as follows:

(1) Among students through education: Environmental education must be imparted to the
students right from the childhood stage. It is a welcome step that now all over the country we are
introducing environmental studies as a subject at all stages including school and college level,
following the directives of the Supreme Court.

(ii) Among the Masses through mass-media: Media can play an important role to educate the
masses on environmental issues through articles, environmental rallies, plantation campaigns,
street plays, real eco-disaster stories and success stories of conservation efforts. TV serials
like Virasat, Race to save the Planet, Heads and Tails, Terra-view, Captain planet and the
like have been effective in propagating the seeds of environmental awareness amongst the
viewers of all age groups. (Plate VI, VII