Environmental laws

ENVIRONMENTAL LAW Ms. PARUL GUPTA 1

CONSTITUTIONAL PROVISIONS FOR
ENVIRONMENT PROTECTION IN INDIA
 In the Constitution of India it is clearly stated that it is the
duty of the state to ‘protect and improve the environment
and to safeguard the forests and wildlife of the country’.
It imposes a duty on every citizen ‘to protect and
improve the natural environment including forests,
lakes, rivers, and wildlife’.
 Reference to the environment has also been made in the
Directive Principles of State Policy as well as the
Fundamental Rights.
 The Department of Environment was established in
India in 1980 to ensure a healthy environment for the
country. This later became the Ministry of Environment
and Forests in 1985.

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SAFE ENVIRONMENT – A
FUNDAMENTAL DUTY
In the Indian Constitution, the following provisions are given
under the Directive Principles of State Policy (Art. 48-A)
and the Fundamental Duties (Art. 51A (g)).
Art. 48-A ;Protection and improvement of environment
and safeguarding of forests and wild life :- The State
shall Endeavour to protect and improve the environment
and to safeguard the forests and wild life of the country.

Art. 51A (g) :- It shall be the duty of every citizen of India

to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have
compassion for living creatures.

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SAFE ENVIRONMENT – A
FUNDAMENTAL RIGHT
The High Courts and Supreme Court of India have read the
right to wholesome environment as part of the right to life
guaranteed in Art. 21 of the Constitution of India.

Art. 21 :- "No person shall be deprived of his life or

personal liberty except according to procedure
established by law. “
The slow poisoning by the polluted atmosphere caused by
environmental pollution amounts to violation of Article 21
of the Constitution, In fact, the right to life guaranteed by
Art. 21 of the Constitution embraces the protection and
preservation of without which life cannot be enjoyed

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The Indian Constitution - a
federal constitution
. One of the essential characteristics of a federal
constitution is the division of powers, amongst the Federal
and the State Government and both are independent in
their own spheres.

Under Schedule VII of the Indian Constitution there arc

three lists viz List I (Union List). List II(State List) and List
III (Concurrent List).

For the matter-, enumerated in List I the Parliament has

exclusive power to make laws. for List I the State
legislatures are competent to make laws and for List Ill,
both the Parliament and the Slate legislatures can make
laws.
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Introduction
 While industrial licensing has been abolished for
all practical purposes , environmental
clearance from various government authorities
has now taken the centre stage.

Central Ministry of Environment

 Object:- Coordination among the states and the
various ministries , the and pollution measures
and environmental protection

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Legislations passed in this regard
1. The Environment (Protection) Act, 1986
2. Water (Prevention and control of pollution) Act,
1974
3. Air (prevention and control of pollution) Act
4. The Forest Conservation Act, 1981

Environmental clearance is compulsory for

every new project concerning both the central
ministry and forest and the corresponding state
govt. departments

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Central Pollution control Board (CPCB)

Issues to be discussed under are,

1. Violation of standards of water and air pollution
2. Show cause notice issued to the industrial units
3. Installation of necessary anti pollution equipments
4. To keep level of pollution under control
5. Direction of alternative arrangements for discharge
of effluents in case of high degree of water pollution
by the chemical factories

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Industrial Pollution Complaints

Development of Environmental standards

The ministry lays down genera! as well as specific
standards
(i) Emission standards for generators sets (up to .19
kilowatt) run on petrol and kerosene with
implementation schedule
(ii) Standards for Coal mine including code of practice
(iii) Standards relating to textile industry and primary
water quality criteria for bathing water also being
finalized
(iv) Standards for the categories of industries notified
under The Environment Protection Act, 1986

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POWER OF CENTRAL GOVERNMENT TQ TAKE
MEASURES TO PROTECT AND IMPROVE
ENVIRONMENT
 The Central Government, shall have the power to take
all such measures as it deems necessary or expedient
for the purpose of protecting and improving the
quality of the environment and preventing
controlling and abating environmental pollution.
 Such measures may include measures with respect to
all or any of the following matters,
namely:
i. co-ordination of actions by the State Governments,
officers and other authorities-
1. Under this Act, or the rules made there under , or
2. under any other law for the time being in force which is relatable
to the objects of this Act;

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ii. planning and execution of a nation-wide programme for the
prevention, control and abatement of environmental pollution;

iii. for the quality of environment in its various aspects;

iv laying down standards for emission or discharge of
environmental pollutants from various sources whatsoever:
Provided that different standards for emission or discharge may
be laid down under this clause from different sources having
regard to the quality or composition of the emission or
discharge of environmental pollutants from such sources;
v. restriction Of areas in which any industries, operations or
processes or class of industries, operations or processes
shall not be carried out or shall be cameo out subject to
certain safeguards;

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vi. laying down procedures and safeguards for the prevention of
accidents which may cause environmental pollution and remedial
measures for such accidents;

vii. laying down procedures arid safeguards for the handling Of

hazardous substances,

viii. examination of such manufacturing processes, materials and

substances as are likely to cause environmental pollution;

ix. carrying out and Sponsoring investigations and research

relating to problems of environmental pollution;

x. inspection of any premises, plant, equipment, machinery,

manufacturing or other processes, materials or substances and
giving, by order, of such directions to such authorises, officers or
persons as it may consider necessary to take steps for the
prevention, control and abatement of environmental pollution;

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xi. establishment or recognition of environmental
laboratories and institutes to carry out the
functions entrusted to such environmental
laboratories and institutes under this Act;
xii. collection and dissemination of information
in respect of matters relating to environmental
pollution;
xiii. preparation of manuals, codes or guides
relating to the prevention, control and abatement
of environment pollution;
xiv. such other matters as the Central
Government deems necessary or expedient for
the purpose of securing the effective
implementation of the provisions of this Act.

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PROCEDURE FOR SEEKING ENVIRONMENT
CLEARANCE FOR PROJECTS
 Any person who desires to undertake any project in any
part of India or expansion or modernization of any
existing industry or project listed in Schedule I and II
shall submit an application to the Secretary, Ministry of
Environment and Forces New Delhi, where
environmental clearance is required from the Central
Government. Where it is required from the State
Government then the application is to be made to the
Environment Secretary of the concerned State
Government.

 The application is to be accompanied by a detailed

project report which include an environmental impact
report and an environment management plan.

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 In case of the following site-specific projects:
1. mining
2. pit-head thermal power stations
3. hydro-electric power projects and
4. multi-purpose river valley projects,
a preliminary site clearance will be required from the Central
Government

 The Ministry of Environment and Forests before initiating

any investigations involving cutting trees, drilling,
digging or construction. The said site clearance will be
granted for the sanctioned capacity

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 The detailed project report submitted with the application Shall
be assessed by the impact assessment agency of the
central government in consultation with a committee of
experts The said committee has the full right of entry and
inspection of the site at any time.

 The impact agency wilt prepare a set of recommendations

based on technical assessment of documents and data
furnished by the project authorities subject to which
environmental clearance will be given. The assessment shall be
completed within 3 months on receipt of the requisite data and
documents.

 In order to enable the Impact Assessment Agency concerned to

monitor the effective implementation of the recommendations
and conditions subject to which environmental clearance has
been given, the project authorities concerned shall submit a
half yearly report to the concerned agency

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PREVENTION CONTROL AND
ABATEMENT OF ENVIRONMENTAL
POLLUTION
 No person carrying on any industry, operation or
process shall discharge or emit or permit to be
discharged or emitted any environmental
pollutant in excess of such standards as may be
prescribed.
 No person shall handle or cause to be handled
any hazardous substance except
in accordance with such procedure and after
complying with such safe guards as may be
prescribed.

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 Where the discharge of any environmental pollutant
in excess of the prescribed standards occurs or is
apprehended to occur due to any accident or other
unforeseen act or event, the & person responsible for
such discharge and the person in charge of the place at
which the discharge occurs shall be bound to prevent or
mitigate the environmental pollution and shall also
 intimate the fact of such occurrence or
apprehension of such occurrence; and be bound, if
called upon, to render all assistance.

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 On receipt of such information, the
authorities or agencies shall cause
such remedial measures to be taken as
are necessary to prevent or mitigate the
environmental pollution.
 The expenses incurred by any authority
or agency may be recovered from the
person concerned as arrears of land
revenue or of public demand.

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Recognition of Environmental
Laboratories under The Env. Pro.
Act,
 Under section 12 and 13 of EPA the
ministry recognizes environmental
laboratories and the govt analysis working
in the labs to carry out the functions
entrusted to them under the act
 Ministry also participates with CPCB and
state pollution control board and pollution
control committees in joint inspection of
Environmental Labs

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Environment Statement

A gazette Notification on environment audit

issued by ministry in 1992 under the
Environment (Protection) Act has made it
mandatory for all the industrial units to
submit an Environmental Statement to
the concerned state pollution control
boards as a part of Environmental Audit

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PENALTIES FOR
CONTRAVENTION
 Whoever fails to comply with or contravenes any of the
provisions, rules, orders of directions of this Act shall be
punishable with imprisonment for a term which may
extend to five years or with fine which may extend to one
lakh rupees, or with both, in case the failure or
contravention continues, with additional fine which may
extend to five thousand rupees for every day during
which such failure or contravention continues.

 If the failure or contravention continues beyond a period

of one year after the date of conviction, the offender shall
be punishable with imprisonment for a term which,
extend to seven years.

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OFFENCES BY COMPANIES
 Where any offence is committed by a company, every
person who, at the time the offence was committed, was
directly in charge of, and was responsible to, the
company for the conduct of the business of the
company shall be deemed to be guilty of the offence.
 If he proves that the offence was committed without his
knowledge or that he exercised due diligence to prevent
the commission of such offence he shall not be liable to
any punishment Where the offence has been committed
 with the consent or connivance of or is attributable to
any neglect on part of, any director, manager, secretary
or other officer of the company, such person shall be
deemed to be guilty of the offence

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COGNIZANCE OF OFFENCES & BAR
Of JURISDICTION OF Civil-COURTS
 No court shall take cognizance of any offence under this
Act except on a complaint may by
(a) the central Government or any authority or officer
authorised in this behalf by that Government; or
(b) any person who has given notice of not less that two
days, of the alleged offence and his intention to make a
complaint, to the Central Government or the authority or
officer authorised.

 No civil court shall have jurisdiction to entertain any

suit or proceeding in respect of anything done, action
taken or order or direction issued by the Central
Government or any other authority or officer in
pursuance of the Act

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Questions

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