Environmental Legislations in India

in India, some laws have been enacted for

Before independence,
the e n v i r o n m e n t . In Indian Penal Code of 1960,
the protection of
268, 290, 291, 426, 430, 431 and 432 are related to
the
Articles
to water pollution
environment. Sim1larly, Article 277 was related
Vehicle Act, 1938, there
and Article 278 to air pollution. In Motor
was also a provision
to control pollution and Indian Forest Act,
1927 also contained similar provisions. After independence,
for the
serious efforts have been made in the form of legislations
conservation and protection of the
environment. Originally, the
reterence to
Indian Constitution of 1950 did not have explicit
environment protection, so there was no independent and separate

provision deal1ng with the protection or improvement of the

environment But, taking of Stockholm Conference and
note

growing awareness for environmental pollution and

eco-imbalances, the Indian Parliament passed a historic legislation
1976. This
in the form of the 42nd Constitution Amendment Act,
Articles-Articles 48A and
Act incorporated two significant
environment. Further, it
51A(g)-to protect and improve the
introduced certain in the Seventh Schedule of the Consti
changes
tution. These changes are as tollows:

Article 48A: "The State shall endeavour to protect and improve the
environment and to sateguard the torests and wildlife of the

country.
Anicle 511(g: "It shall be a duty of every citizen of India... to
protect and improve the natural environment including torests,
lakes and wildlife, and to have compassion tor l1ving creatures."

The environmental laws, which have been passed by central

and state legislatures, are based on the recognition of clean
environment as a human right or lundamental right. As it has been
recognized that clean environment is the basic eed for the
survival of humanity and it cannot be ensured without
ecological
160 Social Issues and the Environment

balance, thus, this right belongs to all as survival of mankind

depends on clean, healthful or pollution-free environment. Any
attempt to defile, damage the natural environment would amount
to violation of human right to clean environment. The Stockholm
Conference of 1972 also declared that man has the fundamental
right to freedom of equality and adequate conditions of life in an
environment of a quality that permits a lite of dignity and
well-being
To meet these challenges to mankind, various measures have
been adopted in India including legal ones. Many laws have been
passed by central and state legislatures to contain the air, water,
land and radiation pollutions and eco-imbalances. These laws
include the Wildlife (Protection) Act, 1972, the Water
(Prevention
and Control of Pollution) Act, 1974, the Water Prevention and
Control of Pollution) Cess Act, 1977, the Forest
(Conservation)
Act, 1980, the Air (Prevention and Control of Pollution) Act, 1981
and the Environment (Protection) Act, 1986. A brief note on these
laws will provide a deep insight into the legislative measures taken
in India regarding protection of environment.

Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 was
passed by Indian
Parliament in order to fultil constitutional
obligation as provided
under Article 48A as well as to show its
strong commitment
towards Stockholm Declaration of 1972, in which it was
that all governments must evolve
suggested
necessary laws to protect and
improve the tlora and fauna, non-renewable resources, wildlite and
human health.
In fact, concern overthe environment has grown the world
over since the sixties. The decline in environmental
been evidenced by
hasqual1ty
increasing pollution, loss of vegetal cover and
biological diversity, excessive concentrations of harmful chemicals
in the ambient atmosphere and in food
chains, growing risks of
environmental accidents and threats to life-support systems. T'he
world community's resolve to protect and enhance the environ-
mental quality found expression in the decision taken at the
United Nations Conterence on Human Environment held in
aniar nanaranhar and

Social Issues and the Environment

161

Stockholm in June 1972. The

Government of India,
in the conterence, strongly voiced the participating
While several measures have been
environmental concerns.
taken for
protection both betore and
atter the environmental
general legislation to turther conterence,
the need for a
conterence has become implement the decisions of the
increas1ngly evident. Besides, existing laws
generally tocus on specitic types of pollution or on
categories of hazardous substances. Some specitic
mental hazards are not
major areas of environ-
covered. There also exist uncovered
areas of major gaps in
environmental hazards. There are
inadequate
linkages in handl1ng matters of industrial and environmental
satety. Control mechanisms to guard against slow, insidious build
up of hazardous substances, especially new
chemicals, in the
environment are weak. Because of a
multiplicity of regulatory
agencies, there is need for an authority which can assume the lead
role in studying, planning and implementing long-term require
ments of environmental satety and to give direction to, and
coordinate a system of speedy and adequate response to
emergency
situations threatening the environment.
The Environment (Protection) Act, 1986 is a special law that
extends to the whole nation. It was passed in March 1986 and came
into force on the 19 November 1986. The Act consists of 26
sections divided into four chapters. Seven schedules dealing with
emission standards of air, noise, effluents, etc., have also been
appended to it. Various rules, including the Environment
(Protection) Rules, 1986, have also been provided with it. They are
as follows:
1. Hazardous Wastes (Management and Handling) Rules, 1989
2 Hazardous Micro-Organisms Rules, 1989

3. Manufacture, Storage and Import of Hazardous Chemicals

Rules, 1989
4. Chemical Accidents (Emergency Planning, Preparedness and
Response), Rules 1996
5. Bio-Medical Water (Management and Handling) Rules, 1998
Rules,
6. Municipal Solid Wastes (Management and Handling)
2000
Social Issues and the Environment
162

7 Recycled Plastics Manufacture and Usages Rules, 1999

Noise Pollution (Regulation and Control) Rules, 2000
8.
According to 2(a) of the Act, environment includes:
Section
exists
(a water, air and land, and (b) the interrelationship which
human beings,
among and between () water, (i) air, (ii) land, (iv)
and (vin)
(V) living creatures, (vi) plants, (vi) micro-organisms,
property. Thus, it includes both
animate and inanimate objects
and their interrelationship.
Section 2(b): "Environmental pollutant' means "any solid,
gaseous substance present in such
concentration as may
liquid or

be, or tend to be, injurious to environment".

Section 2 (c): 'Environmental pollution' means "the presence
in the environment of any environmental pollutant".
Section 2 "Handling, in relation to any substance,
(d):
means

the manutacture, process1ng, treatment, package, storage, trans-

portation, use, collection, destruction, conversion, ottering tor
sale, transters or the like of such substance.
central government to take measures to
Section3: Power of
environment.
protect and improve
Section 4: It author1zes the central government to appoint

offices with proper designations.

Section S: It empowers the central government to issue d1rec-
Section 4
tions to any person/otficer/authority appointed under
of the Act.
Sections 7 to 17: These are related to prevention, control and
abatement of environmental pollution.
central government to
The Act also provides power to

Board of Environment Protection. In fact, this Act isa

constitute a

document on environmentprotection in
very comprehensive
India. The other legislation on environment have also intercon-
nection with the 1986 Act.
11..4a A 10g1
Wildlife (Protection) Act, 1972
In 1972, the Indian Parliament passed a comprehensive national
law-The Wildlife (Protection) Act, 1972-with the sole aim of
protecting wildlife. It not only prohibits hunting but also created
protected areas and controls trade in wildlife products. To achieve
these objectives, it has created a separate and independent
authority to protect and improve wildlife. The Act has been
accepted and adopted by all the states except Jammu & Kashmir.
The first and foremost purpose of this Act is to protect the
habitats of wild animals. As a sequel to it, various national parks
and game sanctuaries have been established to ensure greater
greater
protection to wildlite. Some special provisions also aim to preserve
endangered species like Project Tiger, Gir Lion Sanctuary,
Himalayan Musk Deer Project, etc. The Act consists of 60 sections
and six schedules, divided into seven
chapters.
Wildlife, according to the 1972 Act, includes any animals,
bees, butterflies, crustacean, fish and moths, and aquatic or land
Social Issues and the Environment 169

vegetation which forms part of any habitat. This definition is

wider in its connotation. The term 'wild animal' has also been
defined as any animal found wild in nature and includes any
animal specified in Schedule I, II, III, IV or V. Schedule I includes
list of mammals (1 to 41-B), amphibians and reptiles (1 to 17-A),
birds (1 to 18), crustacea and insects. It has been claritied that
and reptiles and
'animal includes amphibians, birds, mammals,
their young, and in the case of birds and reptiles, their eggs.

Hunting of wild animals has been prohibited altogether. But,

the Chief Wildlife Warden has been authorized to grant

permission to hunt animals under certain circumstances. These are

as follows:
1. if he is satisfied that any wild animal specified in Schedule I
has become () dangerous to human life; or (i) is disabled;
or

(11) diseased as to be beyond recovery; or is

2
2. when the Chief Wildlife Warden, or the authorized officer,
satisfied that any wild animal specified in Schedule II, II,
or

or is
IV, has become dangerous to human Iite or property, to

so disabled or diseased so as to be beyond recovery.

defence' of
The in good faith of any wild animal in
killing
offence.
oneself of any other person is not an
or

The Act has also specified provisions

to protect specified
torests or areas specified by
plants of sanctuaries, national parks,
derivation thereof,
notification. All the specified plants, or part or
have been declared to be the property of the state governments,

part of a sanctuary or national park, they shall be

and if they are a
Therefore, a person must
the property of the central government.
Wildlife Warden, or other autho-
have a licence from the Chief
as a
or carry on bus1ness or occupation
rized officer, to commence

dealer in specitied plants.

The Act also prohibits to (a) wilfully pick, uproot, damage,
for sale or
destroy, acquire or collect,
or (b) possess, sell, offer
transport any specitied
way of gift or otherwise,
or
transter by this
or derivative. But,
plant, whether dead or alive or part
a Scheduled
Tribe.
applicable to the member of
provision is not
Social Issues and the
170 Environment
Similarly, cultivat1ion, dealing in, pOssession of sDeci.
plants without a licence has also been declared to be a able
act. Further, no person shall purchase, receive or acquire
ny
specified plant, or part or derivative otherwise than from
licenced dealer.

Laws Relating to Forest Protection

Forest or natural vegetation is an integral element of natural
environment. It not only affects but controls the environment and
its degradation. Asstated earlier, due importance has been given to
forests during ancient as well as medieval periods but during
British rule overexploitation of torests for commercial purposes
had begun. But, soon, its importance has been realized and several
laws have been introduced. In Forest Act, 1865, the forest has been
considered as a state government property. The Indian Forest Act,
1927 was enacted with the objective to protect the forests. Under
this, forests have been classified into four categories, viz., reserved
forests, village forests, protected forests and non-government
private forests. This Act was a very elaborate one, which deals not
only with the use and conservation of forests but also empowers to
punish those who are responsible for the unauthorised cutting of
forests.
The Forest (Protection) Act, 1980 has been passed in the spirit
of the agreement of 1972 Stockholm Conference on Environmen
This was further modified in 1988. This Act has given elaborate
powers to central government for the protection and conservation
of forests including biodiversity well also for the
as as estab
lishment of national parks in Ccnsultation with state

governments. In order to make this Act more ettective, Si*

regonal centres at Bangalore, Bhopal, Bhubaneswar, Lucknow,
Shillong and Chandigarh have been established. At pres
8Overnments (both at centre and in states) are very particular aDou
the forest conservation and for this the National Forest Policy was
also declared in 1988.