Indian environmental law concerns the
law and
policy of
India concerning the protection of the
environment
Environment most often refers to:
__NOTOC__
* Natural environment, all living and non-living things occurring naturally
* Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, measures taken to reverse
climate change and achieve a
zero carbon economy.
Since the sixties concern over the state of environment has grown the world over. There has been substantive decline in environment quality due to increasing pollution, loss of vegetal cover and biological diversity, excessive concentration of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environment accidents and threats to life support systems. The Decision which were taken at united nation conference on the human conference on the Human Environment held in Stockholm in June 1972 were based on the world community's resolve to protect and enhance the environmental concerns. Although several measures had been taken for environmental Protection both before and after the Conference it was found necessary to enact a comprehensive law on the subject to implement the decision of the
conference. Accordingly the Environment (Protection) Bill passed was introduced in the Parliament Various different areas of environmental protection have been covered by different laws, drawn up at different times.
Some of the areas covered include :-
* Air pollution
* Water pollution
* Forest and wildlife protection
* Waste management
* Wild Life
As with environmental protection legislation in many countries, the regulations are only effective if they are properly enforced, which hasn't always been the case in India, for a number of reasons, some of which are down to local administrative authorities.
Because of the huge population of India, there have been enormous demands placed on the environment, with the regulations not proving to be entirely satisfactory in dealing with the tremendous pressures.
History
General protection
The
Environment Protection Act, 1986. is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards.
*The National Green Tribunal established under the National Green Tribunal Act of 2010 has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
*The Public Liability Insurance Act, 1991
*
National Green Tribunal Act
#Air pollution
*The Air (Prevention and Control of Pollution) Act, 1981
*Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
Water
Legislation to protect water quality include:
*The Water (Prevention and Control of Pollution) Act, 1974
*The Water (Prevention and Control of Pollution) Cess Act, 1977
*Water (Prevention and Control of Pollution) Cess Rules, 1978
*Ganga Action Plan, 1986
*
National Water Policy National Water Policy is formulated by the Ministry of Water Resources of the Government of India to govern the planning and development of water resources and their optimum utilization. The first National Water Policy was adopted in September, 198 ...
*
Coastal Regulation Zone
*
Godavari Water Disputes Tribunal
*
Interstate River Water Disputes Act
*
Krishna Water Disputes Tribunal
Forests and wildlife
*
Indian Forest Act, 1927
The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented under the British. The most famous one was the Indian Forest Act of 1878. Both the 1878 act and the 1927 act sought to consolidate and reserve the area ...
*
Wild life protection act, 1972
The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India had only five designated national parks. Among other reforms, the Act established scheduled pr ...
*Forest (Conservation) Act, 1980
*
National Forest Policy, 1988
The National Forest Policy, 1988 is an Act of the Parliament of India to revise the previously enacted National Forest Policy of 1952. The 1988 National Forest Policy strongly suggested the idea of empowering and involving local communities in ...
*''
M. C. Mehta v. Kamal Nath
''M. C. Mehta v. Kamal Nath'' was a landmark case in Indian environmental law. In the case, the Supreme Court of India held that the public trust doctrine applied in India.
Facts of the case
The ''Indian Express'' published an article reporti ...
'' (1997) 1 SCC 388
*
Biological Diversity Act, 2002
*
Protection of Plant Varieties and Farmers' Rights Act, 2001
*
Wild Life Protection Act, 1972
The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India had only five designated national parks. Among other reforms, the Act established scheduled pr ...
, which does not fall within the jurisdiction of the National Green Tribunal. Appeals can be filed in the Supreme Court of India.
*
Prevention of Cruelty to Animals Act 1960
*
*
*
CAMPA bill
CAMPA Act or Compensatory Afforestation Fund Act is an Indian legislation that seeks to provide an appropriate institutional mechanism, both at the Centre and in each State and Union Territory, to ensure expeditious utilization in efficient an ...
Waste management
*Batteries (Management and Handling) Rules, 2001
*Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
*Basel Convention on Control of TransboundaryMovements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
*Hazardous Wastes (Management and Handling) Amendment Rules, 2003
*Construction and Demolition Waste Management Rules, 2016
*
See also
*
Environmental policy of the European Union
*
Environmental law
Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the manage ...
*
United Kingdom environmental law
United Kingdom environmental law concerns the protection of the environment in the United Kingdom. Environmental law is increasingly a European and an international issue, due to the cross border issues of air and water pollution, and man-made c ...
*
United States environmental law
United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over-regulation, th ...
*
Environmental policy in China Environmental policy in China is set by the National People's Congress and managed by the Ministry of Environmental Protection of the People's Republic of China. Under the Ministry of Environmental Protection of the People's Republic of China, the D ...
ASME’s 2019 Advanced Clean Energy Summit - Nuclear Power’s Role in Combating Climate Change
Notes
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References
{{Reflist
Further reading
* Saravanan, Velayutham. ''Environmental History of Modern India: Land, Population, Technology and Development'' (Bloomsbury Publishing India, 2022
online review
Environmental law
Environmental protection
Environmental law in India