The document assesses existing environmental programmes and policies aimed at moving society towards a more sustainable future. It discusses key policies like the National Environment Policy 2006, National Forest Policy 1988, and National Water Policy 2002. These policies recognize the need for sustainable development and formulate strategies to conserve critical resources, promote inter-generational equity, and integrate environmental concerns into economic and social development efforts. The policies aim to balance resource usage with ecological preservation for future generations.
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In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the constitution. The purpose of the Act is to act as an “umbrella” legislation designed to provide a frame work for Central government co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act. The potential scope of the Act is broad, with “environment” defined to include water, air and land and the inter-relationships which exist among water, air and land, and human beings and other living creatures, plants, micro-organisms and property. Environment protection rules were also enacted as a corollary to this Act.
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In this presentation Environmental laws of India has been described. It contains Wildlife act, Water act, Forest conversation act, Protection act, Air act and ISO 14000 environment standards.
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1. ENVIRONMENTAL LAW
Assessment of existing programmes
aimed at moving society towards
sustainable future.
SUBMITTED TO:-
SUBMITTED By:-
Dr. Nidhi Saxena Itisha Jain
(FOL) B.Com.LL.b 3rd
yr.
2. ASSESSMENT
To estimate the size or quality of something.
PROGRAMME
A series of instructions to control the particular thing or event. Here programmes
means various policies in connection with environmental issues. Programmes
and policies(instructions, directions, guidelines) governing various environment
problems and issues.
SOCIETY
SUSTAINABLE
FUTUTRE
Which conserves an ecological balance by avoiding depletion of natural
resources for future generations. Ecology includes environment and physical
surroundings.
Group of people functioning interdependently. A social community in which the
behaviour, actions and activity of human beings are controlled and governed by
laws and custom.
3. .ENVIRONMENT
Environment includes water, air and land and the
interrelationship which exists among and between water, air,
land, human beings, microorganisms, living creatures, plants
and property.
Environment also includes temperature, rainfall, wind, soil etc.
How man
effects
environment
1. Devasted forests for
wood.
2. Killed animals for
food.
3. He polluted water, air
and soil by chemical
garbage from their
houses and factories.
4. After the scientific
and industrial revolution,
man started to affect his
environment in a more
serious way.
5. Man's effort to control
the nature, leads
imbalance in the
ecosystem.
IMPORTANCE
OF
ENVIRONMENT
AND ITS
CONSERVATION
We may be aware that the earth we live in is the
only habitation for living beings in this universe.
But are we aware it is also the only natural
heritage passed on from generation to
generation. Our future generation will be left
with this lovely environment, but in the condition
that we leave it in. Thus it is our duty and
responsibility to conserve and protect the
environment we live in by being aware of our
activities and the issues related with the
environment.
4. .Many takes the environment for granted and it has
never crossed their minds that most of the resources
need conservation.
If we think that natural resources will never run out, its
time that we woke up to reality.
But it is never late to do our part for the wonderful
earth we live in by taking steps towards preserving and
protecting the environment with all its beauty. This
simply means to see that minimum damage is done to
the environment and to be careful in our usage of
natural resources like water, air and such, to make sure
that there will be adequate for the future generation to
use and live and also preserve wisely.
In other words it can be termed as SUSTAINABLE
DEVELOPMENT which means “development that meets
the needs of the present without compromising the
ability of the future generations to meet their own
needs”.
The doctrine had come to be known in 1972 in the
Stockholm declaration.
5. .
There are around 30 environmental laws in India dealing with various environment
issues. Some of them are:-
Environment (Protection) Act, 1986
The Environment (Protection) Rules, 1986
The Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981
The Atomic Energy Act, 1982
The Wildlife Protection Act, 1972
The Biological Diversity Act, 2002
Hazardous Waste (Management and Handling) Rules, 1989
The Biomedical waste (Management and Handling) Rules, 1998
The Public Liability Insurance Act,1991
The Factories Act,1948
Torts
Indian Penal Code, 1860
Criminal Procedure Code, 1973
ENVIRONMENTAL LAWS IN INDIA
6. ROLE OF JUDICIARY M.C. Mehta v. Union of India (1987)1SCC 395:-
The Supreme Court laid down two important principles of law:
First, the power of the Supreme Court to grant remedial relief for a proved infringement of a
fundamental right (in case if Article 21) includes the power to award compensation.
Second, the judgment opened a new frontier in the Indian jurisprudence by introducing a new
“no fault” liability standard (absolute liability) for industries engaged in hazardous
activities which has brought about radical changes in the liability and compensation laws
in India.
M.C. Mehta v. Union Of India, (1988)1SCC 471:-
The court held that the tanneries at Jajman, Kanpur cannot be allowed to continue to carry out
the industrial activity unless they take step to establish primary treatment plants.
Rural Litigation and Entitlement Kendra, Dehradun v. State
of U.P., 1987 Supp SCC 487:-
The Supreme Court in this case moving under Article 32 ordered the closure of some of this
quarries on the ground that these were upsetting the ecological balance
M.C. Mehta v. Union of India, 1991:-
The Court issued appropriate directions to the state Governments and Union Territories to
invariably enforce as a condition of license of all cinema halls, touring cinemas and video
parlours to exhibit free of cost at least two slides/messages on environment in each show
undertaken by them.
University Grants Commission will take appropriate steps immediately to give effect requiring
the Universities to prescribe a course on environment. They would consider the feasibility
of making this a compulsory subject at every level in college education.
7. POLICIES AND PROGRAMMES AIMED AT MOVING
SOCIETY TOWARDS SUSTAINABLE FUTURE
Mainly here we discuss three main policies:-
1. THE NATIONAL ENVIRONMENT POLICY 2006
It briefly describes the key environmental challenges currently and prospectively facing
the country, the objectives of environment policy, normative principles underlying policy
action and strategic themes. The dominant theme of this policy is that while conservation
of environmental resources is necessary to secure livelihood and well-being of all.
2. The National Forest Policy 1988
Forests in the country have suffered serious depletion. This is because pressures arising
from ever-increasing demand for fuel-wood, fodder and timber; inadequacy of protection
measures; diversion of forest lands to non-forest uses without ensuring compensatory
afforestation and essential environmental safeguards. Thus to improve these situations
the policy came into force.
3.THE National Water Policy 2002
The National Water Resources Council adopted the National Water Policy 2002 (NWP) in
April 2002 which addresses various issues related to water resources management. NWP
lays stress on sustainable development and efficient management of water resources.
All of these policies have recognized the need for sustainable development in
their specific contexts and formulated necessary strategies to give effect to
such recognition.
8. The national environment policy 2006
key environmental challenges that the country faces relate to the nexus of environmental
degradation with poverty in its many dimensions, and economic growth. These challenges
are intrinsically connected with the state of environmental resources, such as land, water,
air, and their flora and fauna.
The proximate drivers of environmental degradation are population growth, inappropriate
technology and consumption choices, and poverty, leading to changes in relations
between people and ecosystems, and development activities such as intensive
agriculture, polluting industry, and unplanned urbanization.
OBJECTIVES OF THE POLICY:-
I. Conservation of Critical Environmental Resources.
ii. Inter-generational Equity.
iii. Integration of Environmental Concerns in Economic and Social
Development.
iv. Efficiency in Environmental Resource Use.
v. Enhancement of Resources for Environmental Conservation.
9. .
PRINCIPLES:-
• This policy has evolved from the recognition that only such development is sustainable,
which respects ecological constraints, and the imperatives of justice. The Objectives
stated above are to be realized through various strategic interventions by different public
authorities at Central, State, and Local Government levels. These strategic interventions,
besides legislation and the evolution of legal doctrines for realization of the Objectives,
may be premised on a set of unambiguously stated Principles depending upon their
relevance, feasibility in relation to costs, and technical and administrative aspects of their
application. These principles are:-
I). Human Beings are at the Centre of Sustainable Development Concerns.
ii). The Right to Development.
iii). Environmental Protection is an Integral part of the Development Process.
iv). The Precautionary Approach.
v). Equity.
vi). Legal Liability:-
a) Fault Based Liability.
b) Strict Liability.
vii). Public Trust Doctrine.
viii). Preventive Action
11. THE NATIONAL FOREST POLICY 1988
Basic
oBjectives
1.Conserving the natural heritage of
the country by preserving the
remaining natural forests with the
vast variety of flora and fauna.
2. Increasing the productivity of
forests to meet essential national
needs.
3. Encouraging efficient utilization of
forest produce and maximizing the
substitution of wood.
4. Meeting the requirements of fuel-
wood, fodder, minor forest produce
and small timber of the rural and
tribal populations.
5. Creating a massive people's
movement with the involvement of
women, for achieving these
objectives and to minimize pressure
on existing forests.
strategies
1. Areas under forests-The national goal should be to have a
minimum of one-third of the total land area of the country
under forest or tree cover. In the hills and in mountainous
regions, the aim should be to maintain two-third of the
area under such cover.
2. Afforestation-tree planting alongside of roads, railway
lines, rivers and streams and canals, and on other
unutilized lands.
3. Diversion of Forest Lands for Non-forest purposes.
4. Wildlife conservation-Forest Management should take
special care of the needs of wildlife conservation, and
forest management plans should include prescriptions
for this purpose.
5. Damage to Forests from Fires and Grazing.
6. Shifting Cultivation.
7. Forestry Education-Agriculture universities and
institutions, dedicated to the development of forestry
education should formulate curricula and courses for
imparting academic education and promoting
postgraduate research and professional excellence
keeping in view the current scenario.
12. THE NATIONAL WATER POLICY 2002
BASIC FEATURES OF THE POLICY-
Water is a prime natural resource, a basic human need and a precious national asset.
Planning, development and management of water resources need to be governed by
national perspectives.
Well developed information system for water related data at national / state level
should be established.
In the allocation of water, first priority should be given for drinking water, followed by
irrigation, hydro-power, ecology, agro-industries and non-agricultural industries,
navigation and other uses.
The environmental consequences of over-exploitation of ground water need to be
effectively prevented.
Private sector participation should be encouraged in planning, development and
management of water resources projects for diverse uses, wherever feasible.
Needs of drought-prone areas should be given priority in the
planning of project for development of water resources.
Training and research efforts should be intensified as an
integral part of water resources development.