INDIAN

ENVIRONMENTAL
LAWS
BY RITTIK UPPAL
JATIN AWAL
PIYUSH
RAMAN KUMAR
How is ‘Environment’ defined under
Indian Law?
According to Section 2(a) of the Environmental Protection
Act, 1986, ‘Environment’ includes
a) Water, air and land
b) The inter-relationship which exists among and
between:
i. water, air, land, and;
ii. human beings, other living creatures, plants,
microorganisms and property
ENVIRONMENTAL REGULATIONS AND
LEGAL FRAMEWORK IN INDIA
 The State's responsibility with regard to environmental protection has been
laid down under Article 48-A "The State shall endeavour to protect and
improve the environment and to safeguard the forests and wildlife of the
country".
 Environmental protection is a fundamental duty of every citizen of this
country under Article 51-A(g) "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.“
 "No person shall be deprived of his life or personal liberty except according to
procedure
 Article 48-A of the Constitution comes under Directive Principles of State
Policy and Article 51 A(g) of the Constitution comes under Fundamental
Duties. established by law." ENVIR
Provisions in the Indian Penal Code for
environmental protection
 The Indian Penal Code has a chapter on offences affecting Public Health,
Safety, Convenience (Chapter XIV). Sec. 268 provides that “a person is guilty
of a public nuisance who does any act or is guilty of an illegal omission which
causes any common injury, danger or annoyance to the public or to the
people in general who dwell or occupy property in the vicinity, or which must
necessarily cause injury, obstruction, danger, or annoyance to persons who
may have occasion to use any public right.” \
 Other concerned provisions are: a “negligent act likely to spread infection or
disease dangerous to life” (Sec. 269 IPC.), a “malignant act likely to spread
infection or disease dangerous to life” (Sec. 270 IPC.), “making atmosphere
noxious to health” (Sec. 278 IPC.).
 In case of public nuisance, the Penal Code provides for fines up to Rs. 200/-
by way of punishment (Sec. 290 IPC.) and for making the atmosphere noxious
to health Rs. 500/- only (Sec.78 IPC.).
 The punishments are too meager to meet the objectives. With these penal
provisions, it is not possible to check environmental pollution.
ROLE OF JUDICIARY IN ENVIRONMENTAL
PROTECTION
 Judiciary is a key mechanism for ensuring legal effectiveness of
environmental law and institutional regimes.
 A judiciary well prepared and informed of the rapidly expanding
environmental law, plays a critical role in the implementation and
enforcement of environmental law:
 Through the successful conclusion of environmental cases particularly
cases of transnational crimes providing a strong disincentive to non-
compliance of environmental laws.
 Enforcement of environmental rights including right to information.
 By providing access to the public and civil society to judicial procedures.
 Through coherent networking among judiciaries and exchange of
judgements and sharing information on environmental cases and
international jurisprudence.
Environment laws of India

 In India the law relating to pollution control is more than 100 years
old. The earliest of them is share (Bombay) Nuisance Act 1853. The
history of legislative fight against pollution started with Indian Penal
Code, 1860. Sec 268 defined what is public nuisance.

 Legislative fight against pollution continued in Independent India.

Now, there is a host of legislation in India aimed at protecting the
environment from pollution and maintaining the ecological balance.
The Environment (protection) Act, 1986 is one of the latest and major
Act for environmental protection.
The environmental laws and protection
Act

 To protect the environment and to conserve natural resources, various

laws have been made. Many Acts have been introduced after 1947
(independence).
 Water Act and Wild life Protection Act were passed in 1974.
Government of India has established a National Committee on
Environmental Planning and Co-ordination.
 The environment (protection) act 1986
 Forest conservation act 1980
 The air act 1981
The environment (Protection) Act 1986

This Act came into force on Nov. 19, 1986, the birth date of
our late Prime Minister Indira Gandhi. She took keen interest
in environmental issues of the country. This Act aimed to
protect and improve the quality of environment by central
Govt with Co-ordination of the State Govt.
The water Act, 1974 (amended 1988)

The Water Act was enacted under article 252(1) of the

constitution as asocial welfare measure:-
• To prevent and control water pollution.
• To establish Central and State boards for the prevention and control of
water pollution and
• To provide and confer powers and functions to the central and state
boards to restore wholesomeness of water.
Wild life Act, 1972

The Act adopted two conservation strategies;

i. Specified endangered species are protected regardless of location.
ii. All species are protected in specified area.

PRINCIPLES
I. To provide protection of wild animals, birds and plants for matters
connected with these.
II. To ensure ecological and environment security of the country.
Forest conservation Act, 1980

This act deals with the conservation of forests. The main

objectives of this act was to check deforestation.

Which was causing:-

1. ecological imbalance and
2. deteriorate the environment.
The Air Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 was

enacted by the Parliament to implement the decision taken
at the united nations Conference on the Human Environment
held to Stockholm in June, 1972 in which India participated.
1. To provide for the prevention, control and abatement of air pollution.
2. To provide for the establishment of central and state boards.
3. To lay down the standards to maintain the quality of air.
“Earth provides enough to satisfy every
man's needs, but not every man's greed.”
-MAHATMA GANDHI