The document outlines India's environmental policies and laws. It notes that constitutional provisions for environmental protection date back to 1976, including duties for citizens and the state to protect forests and wildlife. After the 1972 Stockholm Conference, major laws were passed like the Wildlife Protection Act, Water and Air Pollution Acts, and Environment Protection Act. The Ministry of Environment and Forests was established in 1985 to regulate the sector along with state pollution control boards. Over time, additional laws and policies have addressed issues like hazardous waste, plastic waste, and established the National Green Tribunal to handle environmental disputes.
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India's Environmental Laws
1. Environment Policies & Laws in
India
By
Dr Anoop Yadav
Assistant Professor
Environmental Science
2. Introduction
• The need for protection and conservation of
environment and sustainable use of natural
resources is reflected in the constitutional
framework of India and also in the international
commitments of India.
• Several environment protection legislations
existed even before Independence of India.
However, the true thrust for putting in force a
well-developed framework came only after the
Stockholm Conference.
3. Environmental Policy In India
During the British Rule in India:
Shore Nuisance (Bombay and Kolaba) Act, 1853
The Indian Penal Code, 1860
The Indian Easements Act, 1882
The Fisheries Act, 1897
The Factories Act, 1897
The Bengal Smoke Nuisance Act, 1905
The Bombay Smoke Nuisance Act, 1912
The Elephant’s Preservation Act, 1879
Wild Birds and Animals Protection Act, 1912 3
4. Environmental Policy In India
Modern India
National Council for Environmental Policy and Planning
was set up in 1972 which was later evolved into Ministry of
Environment and Forests (MoEF) in 1985.
Later name into changed MoEF &CC
MoEF and the pollution control boards (CPCB i.e. Central
Pollution Control Board and SPCBs i.e. State Pollution
Control Boards) together form the regulatory and
administrative core of the sector.
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5. • India is the first country in the world to have
made provisions for the protection and
conservation of environment in its constitution.
• On 5th June, 1972, Environment was first
discussed as an item of international agenda in
the U.N. Conference on Human Environment in
Stockholm and thereafter 5th June is celebrated
all over the world as World Environment Day.
6. After Stockholm Conference?
• Soon after the Stockholm Conference our country
took substantive legislative steps for
environmental protection.
• The Wildlife (Protection) Act was passed in 1972,
followed by
• the Water(Prevention and Control of Pollution)
Act 1974,
• the Forest (Conservation) Act, 1980,
• Air (Prevention and Control of Pollution) Act,
1981 and subsequently
• the Environment (Protection) Act, 1986.
7. Constitutional Provisions
• The provisions for environmental protection in
the constitution were made within four years
of Stockholm Conference, in 1976, through
the 42nd amendment as follows :
8. Constitutional Provisions
• Article 48-A of the constitution provides: “The
state shall endeavour to protect and improve
the environment and to safeguard forests and
wildlife of the country.”
9. Constitutional Provisions
• Article 51A(g) provides: “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.”
10. • Often constitutional provisions, particularly
Article 21 (right to life) (“No person shall be
deprived of his life or personal liberty except
according to procedure established by law.”)
is also referred to for decision of
environmental disputes.
11. Other Legislative Framework related to Environment
Atomic Energy Act of 1982
Motor Vehicles Act ,1988
The National Environment Appellate Authority Act, 1997
Public Liability Insurance Act (PLIA), 1991
National Environment Tribunal Act, 1995
National Forest Policy, 1988
Biological Diversity Act, 2002
Hazardous Wastes (Management and Handling) Amendment Rules, 2003
Construction and Demolition Waste Management Rules, 2016
Batteries (Management and Handling) Rules, 2001
The Municipal Solid Waste (Management and Handling) Rules, 2016
The National Green Tribunal Act, 2010.
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