Environmental legislation in India

1. SUBMITTED BY
NAME - JITHIN E J
EMAIL ADDRESS – jithinjohnson28@gmail.com

2. I would like to thank HRD, Govt. of India for initiating the
swayam platform for the benefit of the students.
I also thank Dr Ajay Semalty of HRB University for his classes
in academic writing and for making me a better academic
writer.
I thank all those who have supported me in this endeveour.

3. The Constitution of India came in to force on 26th
january,1950.Originally,the constitution contain no
specific provisions for environmental protection . However
,certain specific provision have been incorporated by the
Constitution(Forty Second Amendment) Act, 1976 and
subsequent amendments . Indian Constitution is one of
the very few constitutions in the world , which provides for
specific provision for the protection and improvement of
the Environment.

4. Constitution Forty Second AMENDMENT:
In 1976, under the leadership of the Prime Minister , Smt. Indira
Gandhi ,the Constitution(Forty Second Amendment) Act was passed
and the provisions relating to the protection of environment for the
first time were incorporated by adding a new provision Article 48-A in
the Chapter , Directive principles of state policy.
According to Article 48-A “The state shall endeavour to protect and
improve the environment and to safeguard the forest and wildlife of
the country”.
Further , a new provision Article 51-A in the form of “Fundamental
Duties” was also incorporated by the 42nd Amendment . According to
the sub-clause (g) of Art. 51-A, “It shall be the duty of every citizen of
India to protect and improve the natural environment including
forests, rivers and wildlife and to have compassion for living creatures”

5. Pre-independence enactments
Madras Wild Elephant Preservation Act, 1873.
All India Elephant Preservation Act, 1873.
The Wild Bird and Animal Protection Act, 1912.
Bengal Rhinoceros Preservation Act, 1912.
Post-independence enactments
The Wildlife (Protection) Act,1972-amended in 1983,1986 and 1991).
Forest (Conservation) Act,1980-amended in 1988.
National Biological Diversity Act, 2002.
Biological Diversity Bill, 2002.

6. This Act is considered as a landmark in the history of wildlife
legislation in India .
It is in force in all states, other than Jammu and Kashmir which has
its own Act.
The Act seeks to provide legalized protection to endangered species
of pants and animals , and also to ecologically important areas , such
as sanctuaries ,national parks .
The Act was later on amended in 1983 ,1986,1991,1993.2002,2006 and
2013 incorporating more provisions to increase its effectiveness
without loopholes.
Major objectives of the Act
Maintenance of life-supporting systems.
Conservation of biodiversity.
Sustainable use of species through the protection and conservation of
wildlife

7. Salient features of the Act
The Act consists of seven chapters and six schedules.
Chapter-1 : Preliminary aspects.
Chapter-2: Appointment of authorities
Chapter-3: Provisions for preventing the hunting , killing,
captivation, etc. of wild animals.
Chapter-4: Establishment of sanctuaries, national parks,
game reserves and closed areas.
Chapter-5: Regulation regarding the trade or commerce of
animals, animal articles, etc.
Chapter-6: Prevention and detection of offences.
Chapter-7: Miscellaneous aspects.

8. Penalties
Violation of the provisions of the Act is a punishable offence
and imprisonment up to six years, or a fine up to Rs. 20,000,00
or more, or both.
Cancellation of any licence or permit owned by the offender

9. This act provides protection for forest land and forest vegetation.
Its provisions shall be extended to all State and Union Territories of
India, other than Jammu and Kashmir.
It incorporates the provisions of the Indian Forest Act,1927 and the
Forest (Conservation) Ordinance, 1980.
In the Act, terms , conditions and guidelines are laid down for :-
The constitution and functioning of a statutory advisory committee
and a forest court .
Powers of state governments are defined.
Regulations for timber extraction are specified and penalties for
offences are stipulated
The Act was amended in 1988, following the adoption of the National
Forest Policy in 1988

10. This Act envisages the conservation and sustainable
utilization of biodiversity and the equitable sharing of the
benefits of biodiversity and its components.

11. This bill was passed as a follow-up action of the 1992 Rio Convention.
It provides the instrument for the prevention of bio-piracy and
encourages the domestic use of bioresources.
The bill envisions the setting up of a high-power National
Biodiversity Authority, State-level Biodiversity Boards, and local
Biodiversity Management Committees.
Penalties
oThe offences under the bill are cognizable and are non-bailable to
imprisonment up to five year and a fine up to Rs. 10 lakhs .

12. Biological Diversity Act 2002 is an Indian legislation meant for achieving
three basic objectives, namely
(1) Conservation of biodiversity (2) Sustainable use of biological resources (3)
Equity in sharing the benefits from the use of resources.
The key provisions of the Act for achieving these objectives are the
following:
1. Prohibition on the transfer of Indian genetic materials and biodiversity
related knowledge to outside, without the approval of the Government of
India.
2. Regulation on the collection and use of biodiversity by Indian nationals ,
exempting local communities.
3. Measures for the conservation and sustainable use of biodiversity.
4. Protection of traditional knowledge through laws .
5. Regulation of the use of genetically modified organisms.
6. Setting up of national, state and local biodiversity fund.
7. Setting up of local or village level Biodiversity Management
Committees(BMC),(SBB) AND (NBA).

13. This is an enactment for regulating the quality of seeds for sale,
import and export, and also for facilitating the production ,
processing and supply of seeds of specified quality for agricultural
purposes. It envisages the following preliminary step:
 Establishment of Central Seed Testing Laboratory and State Seed
Testing Laboratory for evaluating the quality of seeds.
Constitution of a Certification Agency for officially certifying the
quality of seeds.
Constitution of a Seed Committee with all powers for the effective
implementation of the provisions of the Act.

14. 1) Seeds of only approved quality and standard may be sold, exported,
imported, or supplied for agricultural purposes.
2) The quality of the seeds must be assessed by Central and state
Testing Laboratories.
3) The quality of the seeds must be officially certified by the
Certification Agency.
4) Misbranded seeds must be banned from sale, export, import , and
distribution.
5) Seed producers and seed processing units have to be registered by
the State Government under the provisions of the Seed Bill.
6) No person shall conduct or carry on the business of horticulture
nursery without registration.
7) No seed of any kind or variety shall be sold for agricultural purpose,
unless it is registered as per the provisions of the Act.
8) Violation of any provision of the Act is punishable and it calls for
cancellation of the registration for production, processing and
dealership of seeds, in addition to penal impositions.

15. • https://www.downtoearth.org.in/news/governance/six-
environmental-laws-to-be-amended-soon-49317
• https://en.wikipedia.org/wiki/Indian_environmental_law
• http://moef.gov.in/wp-
content/uploads/2017/06/eprotect_act_1986.pdf