Environment Law

Module-II
 ENVIRONMENT GOVERNANCE IN INDIA
 ENVIRONMENTAL GOVERNANCE IN INDIA SINCE 1972

 The concern for environment has its early beginning in India with
the concern for public health, water supply, and disposal of waste.
The rise in the awareness of environmental degradation due to
the impact of modern industrial development in the 1970s brought
a major change in the perceptions at the national and regional
levels.
 The establishment of new legal frameworks and the creation of
governmental bodies designed especially to protect the
environment and prevent pollution followed soon. The focus on
prevention of pollution continued into the 1980s, but was
reinforced by new concerns about the resource conservation.
These included the need to use the resources sustainable to treat
ecosystems as integral units and promote the need to preserve
forests and biodiversity.
India responded to environmental problems, 'which dates back to
April 1972, when the then Prime Minister, Smt. Indira Gandhi,
established a National Committee on EnvironmentalPlanning and
Coordination (NCEPC).
The focus on prevention of pollution continued into the 1980s, but
reinforced by new concerns about the resource conservation and
uses of the resources sustainable to treat the ecosystems as
integral units and promote the need to preserve forests and
biodiversity.
The Forty Second Amendment Act
Environmental protection and improvement were explicitly
incorporated into the Constitution by the Constitution (42nd
Amendment) Act of 1976. Article 48A was added to the Directive
Principles of State Policy., It declares: "The State shall endeavor to
protect and improve the environment and to safeguard the forest
and wildlife of the country." Article: 51A (g) in a new chapter
entitled "Fundamental Duties", imposes a similar responsibility on
every citizen "To protect and improve the natural environment
including the forests, lakes, rivers, and wildlife, and
to have compassion for living creatures“.
Parliament has used its power under Article 253 to enact Air
(Prevention and Control of Pollution) Act of 1981, and the
Environment (Protection) Act of 1986. The preambles to both the
laws state that these Acts were enacted to implement the
decisions reached at the United Nations Conference on the
Human Environment held at Stockholm in 1972.
Environment Protection & Fundamental rights
The Right to a Wholesome Environment
 The Supreme Court expanded Article 21 to include
environmental protection. The apex Court interpreted the
right to life and personal liberty to include the right to
wholesome environment and introduced stiffer penalties.
 Now, the pollution control boards, may close down a
defaulting industrial plant or may stop its supply of
electricity or water. These boards may also apply to courts
to restrain emissions that exceed prescribed standards and
also the noise level above prescribed db levels.
The Right to Livelihood
Another recently revealed aspect of the right to life-the right to
livelihood can potentially check government action with an
environmental impact that threatens to dislocate the poor and
disrupt their lifestyles.

The Right to Equality

Apart from Article 21, the right to equality guaranteed in Article
14 of the Constitution may also be infringed by government
decisions that have an impact on the environment.
Article 14 may also be invoked to challenge governmental
sanctions for mining and other activities with high environmental
impact, where the permissions are "arbitrarily" granted without
an adequate consideration of environmental impacts.
Ministry of Environment and Forest
The government of India set up a Department of Environment in
November 1980 for . Since January 1985, it forms part, of a new
Ministry of Environment and Forest. An integrated department called
"Department of Environment, Forest and Wildlife" in the Ministry of
Environment and Forest came into being with effect from September
25, 1985. The department plays the role of a watchdog and serves as
a nodal agency in the administrative structure of the government for
the integration of environmental concerns in the planning process
. The Ministry of Environment and Forest serves as the focal point in
the administrative structure of Central Government for planning,
promotion, and coordination of environmental and forestry
programme. The statutory responsibilities for pollution control are
implemented through the Central Board for the Prevention and
Control of Water Pollution.
 THE EARTH SUMMIT AGREEMENTS
 In Rio, Governments-108 represented by heads of State or
Government adopted three major agreements aimed at
changing the traditional approach to development:
 1. Agenda 21 -- a comprehensive programme of action for
global action in all areas of sustainable development.
 2. The Rio Declaration on Environment and Development --
a series of principles defining the rights and responsibilities
of States.
 3. The Statement of Forest Principles -- a set of principles
to emphasize the sustainable management of forests
worldwide.
In addition, two legally binding Conventions aimed at preventing
global climate change and the eradication of the diversity of
biological species were opened for signature at the Summit,
giving high profile to these efforts:
• The United Nations Framework Convention on Climate Change
• The Convention on Biological Diversity
Agenda 21 addresses today's pressing problems and aims to
prepare the world for the challenges of the next century. It
contains detailed proposals for action in social and economic
areas such as combating poverty, changing patterns of
production and consumption, and addressing demographic
dynamics. The proposals also call for conserving and managing
the natural resources which form the basis for life-for example,
protecting the atmosphere, oceans and biodiversity; preventing
deforestation; and promoting sustainable agriculture.
The Rio declaration on Environment and Sustainable
development supports Agenda 21 by defining the rights and
responsibilities of States regarding these issues.
• That human beings are at the center of concerns for
sustainable development. They are
entitled to a healthy and productive life in harmony with nature;
• That scientific uncertainty environmental degradation
irreversible damage;
• That States have a sovereign right to exploit their own
resources but not to cause damage to the environment of other
States;
• That eradicating poverty and reducing disparities in worldwide
standards of living are "indispensable" for sustainable
development;
• That the full participation of women is essential for achieving
sustainable development;
That the developed countries acknowledge the responsibility that
they bear in the international pursuit of sustainable development
in view of the pressures their societies place on the global
environment and of the technologies and financial resources they
command.