Environmental

1. Dr. Rakesh Kumar

2. What is environment law??
 The environmental law system is an organized way of
using all of the laws in our legal system to minimize,
prevent, punish or remedy the consequences of
actions which damages or threaten the environment ,
public health and society .
 The Constitution of India clearly states that it is the
duty of the state to ‘protect and improve the
environment and to safeguard the forests and wildlife of
the country’.
 A UN Conference on Human Environment
(Stockholm, 1972). Post this conference, the
National Council For Environmental Policy and
Planning was set up in 1972 within DST, GOI to
establishing a regulatory body for overview the
environment related issue. The Department of
Environment was established in India in 1980.This later
became the Ministry of Environment and Forests in
1985.
The EPA(Environment
Protection Act), 1986came
into force soon after the
Bhopal Gas Tragedy and is
considered an umbrella
legislation as it fills manygaps
in the existing laws.
Thereafter a large number of
laws came into existence as
the problems began arising,
for example, Handling and
Management of Hazardous
Waste Rules in 1989.

3. WHY ENVIRONMENT LAWS ARE NEEDED?
 ENVIRONMENT LAW PLAY huge
role in protecting humans , animals ,
resources and habitats. Without these
laws there would be no regulation
concerning pollution , contamination ,
hunting or even response to disasters.

4.  The United Nations conference on Human Environment,
Stockholm (Sweden) in 5 th June 1972 to address the growing
problem of environmental degradation
Declaration
 The States to adopt legislative measures to protect the
environment
 Acceptance of a State’s rights to exploit its own natural
resources
 Preservation of its nature, and not indiscriminate use, should
not affects its neighbours enjoyment of own resources.
 United Nations Environment Programme (UNEP) was formed

5. INTERNATIONAL AND INDIAN
LAW MAKING BODIES
 INTERNATIONAL LAW is derived primarily from three
sources.
 Customary international law
 International treaties
 Judicial decisions of international courts
INDIAN LAW:- MOEF was established in 1985, which today is
the apex administrative body in the country for regulating and
ensuring environmental protection and lays down the legal and
regulatory framework for the same .Since the 1970s , a number of
environment legislations have been put in place.The MOEF and
the pollution control boards. (CPCB central pollution control
board and SPCB .i.e. state pollution control board)together form
the regulatory and administrative core of the sector.

6.  UNFCC:
The UNFCC objective is to"stabilize greenhouse gas
concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system”.
 IPCC
The Intergovernmental Panel on Climate Change is an
intergovernmental body of the United Nations mandated to
provide objective scientific information relevant to
understanding human-induced climate change, its natural,
political, and economic impacts and risks, and possible response
options

7. Kyoto Protocol, 1997
 International treaty that commits state parties to reduce green
house gas emission , based on the consensus that
 global warming is occuring
 extremely likely that human made carbon emissions have predominantly
caused it

8.  Indian Laws
 Indian Explosive Act, 1884
 The MotorVehicle act, 1939- regulates all aspects of road
transport vehicles.
 The Factories Act, 1948- to ensure welfare of workers in their
working conditions in factories.

9.  The Industrial (Development and Regulation) act, 1951
 The Inflammable Substances Act, 1952
 The Mines and Mineral (Regulation and Development),
1957- an act to provide for the development and regulation of
mines and minerals.
 The Atomic energy Act, 1962- an act to provide for the
development , and use of atomic energy for the welfare of people
of India and for other peaceful purposes and for matter connected
therewith.

10.  Article 48A – Direct principle of state Policy- rightly directs that
the State shall endeavour to protect and improve the environment and
safeguard forests and wildlife of the country
 Article 51A – Fundamental Duties- imposes a duty on every citizen
of India, to protect and improve the natural environment including
forests, lakes, river, and wildlife and to have compassion for living
creature
 The Department of environment was established in India in 1980
 Ministry of environment and Forests in 1985
 Bhopal GasTragedy 1984
Indian Parliament inserted two articles in 1976

11. The Environment (Protection Act), 1986
 Protection, regulation of discharge of environmental pollutants handling of
hazardous substances
 Speedy response in the event of accidents threatening environment
 Deterrent punishment to those who endanger human environment, safety and
health
 Planning and execution of a nation-wide programme for the prevention, control
and abatement of environmental pollution;
 Laying down standards for the quality of environment in its various aspects;
 Laying down procedures and safeguards for the handling of hazardous substances
 Inspection of any premises

12. • The parliament of India passed EPA 1986 under article 253 (legislation
for giving effects to international agreements-UNCHE 1972). It was in
the wake of the Bhopal Tragedy (1984).
• It was enacted to achieved the objective of the United Nations
conference on the Human Environment of 1972– Stockholm
Declaration.
 Section –(19) of this act provides that any person can file a complaint
alleging of offence under this act in the court with prior notice of 60 days to
the competent authority.
 Chapter-3 gives the central government the power to take action to protect
the environment.
 Chapter 4 allows government to appoint officers to achieve this objectives.
It also give the government the power to give direction to closure,
prohibition or regulation of industry w.r.t Pollution abatement.
• This act has provisions for penalties for contravention of the provisions
of the act and rules, order and directions.
• It also gives details if the offence is done by a company or government
department. It says for such offence the in-charge and Head of
department respectively liable to punishment.

13. THE WILD LIFE PROTECTION ACT 1972
• The Act established schedules of protected plant and animal species; hunting or
harvesting these species was largely outlawed.
• The Act provides for the protection of wild animals, birds and plants.
• This Act contains 66 Sections which are further divided into seven chapters and six schedules.
• The wildlife protection act provides for following statutory bodies.
 Centre and state wildlife advisory boards.
 Central Zoo authority
 Wildlife crime control Bureau
 National tiger conservation Authority.
 Regulations for hunting wild animals and birds
 establishment of the national parks, Sanctuaries and regulations for trade in wild
animals, animal product and trophies.
 Hunting of species (endangered) listed in Schedule 1 of the act is prohibited throughout
India. This act provides for the regulation of species like those required special protection
(Schedule II), big Game (schedule III) and small game (Schedule IV) through licensing.
 A few species in Schedule V known as vermin which may be hunted. This act
administered by the wildlife warden and their staff.
 The Indian Govt. has also start some conservation projects under it for individual
endangered species like project hungal (1970), Project Tiger(1973),Project crocodile
(1974), project Elephant (1992), Ganga Dolphin (1997) ,project Snow leopard (2009).

14. The Water (Prevention and Control of Pollution)
Act, 1974
Objectives:
 The prevention and control of water pollution;
 The maintaining or restoring of wholesomeness of
water; and
 The establishment of the boards and conferring powers
on them and functions under this act
 CPCB and SPCB (it enforce effluent standards for
factories discharging pollutant into water bodies.
 CPCB and SPCB are statutory bodies create underWater
Act-1974

15. The Air (Prevention and Control of Pollution) Act, 1981
To provide for the prevention ,control and abatement of air pollution
 Objective:
1. To provide for prevention, control and abatement of the air pollution.
2. To provide for the establishment of the boards at the central and state levels
with a view to implementing the act (CPCP and SPCB create under Water Act
are given the responsibility).
3. To confer on the boards the power and duties to implements the provision of
the act.
 The states should prescribe emission standards for industry and automobiles after
consulting the central board and seeing its ambient quality standards.
 It state that the source of air pollution such as Internal combustion engine, industry,
vehicles, power plan etc are not permitted to release Particulate matter, lead,
Carbon monoxide, sulphur dioxide, volatile organic compound or other toxic
substances beyond predetermined limit.
 It also empowers the State Government to designate air pollution areas.
 To operate certain types of industries like cement, fertilizer or petrol industries etc.
consent of the state board is required.

16.  1989 -The HazardousWaste (Management and Handling) Rules is to control
the generation, collection, treatment, import, storage, and handling of
hazardous waste.
 1998 -The Biomedical waste (Management and Handling) Rules is a legal
binding on the health care institutions to streamline the process of proper
handling of hospital waste such as segregation, disposal, collection, and
treatment
 2000 -The Ozone Depleting Substances (Regulation and Control) Rules have
been laid down for the regulation of production and consumption of ozone
depleting substances.
 2000 -The Municipal SolidWastes (Management and Handling) Rules, 2000
apply to every municipal authority responsible for the collection,
segregation, storage, transportation, processing, and disposal of municipal
solid wastes.

17. Cont..
 2001 - The Batteries (Management and Handling) Rules, 2001 rules
shall apply to every manufacturer, importer, re-conditioner, assembler,
dealer, auctioneer, consumer, and bulk consumer involved in the
manufacture, processing, sale, purchase, and use of batteries or
components so as to regulate and ensure the environmentally safe
disposal of used batteries.
 2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules
lay down such terms and conditions as are necessary to reduce noise
pollution, permit use of loud speakers or public address systems during
night hours (between 10:00 p.m. to 12:00 midnight) on or during any
cultural or religious festive occasion

18. Cont..
 2002 - The Biological Diversity Act is an act to provide for the
conservation of biological diversity, sustainable use of its components,
and fair and equitable sharing of the benefits arising out of the use of
biological resources and knowledge associated with it.
 2016 - E-Waste (Management) Rules- to bring producer under EPR
(Extended producer responsibility), along with targets and requirement to
collect e- waste and hand it over to recyclers.
 2016- Plastic Waste Management Rules- The Government has notified the
PlasticWaste Management Rules, 2016, in suppression of the earlier PlasticWaste
(Management and Handling) Rules, 2011.
 The minimum thickness of plastic carry bags has been increased from 40 microns to
50 microns.

19. Cont…
 National Green Tribunal Act, 2010- effective and expeditious
disposal of cases relating to environmental protection and
conservation of forests and other natural resources, including
enforcement of any legal right relating to environment and
giving relief and compensation for damages to person,
property and for matters related.
 Coastal Regulation Zone Notification 2011- Puts regulation
on various activities, including construction.

20. Biological Diversity Act,2002

21. National Environment Policy 2006
Objectives of the National Environment Policy 2006
 Conservation of Critical Environmental Resources
To protect and conserve critical ecological systems and resources, and
invaluable natural and man- made heritage, which are essential for life
support, livelihoods, economic growth, and a broad conception of human
well-being.
 Intra-generational Equity: Livelihood Security for the Poor
To ensure equitable access to environmental resources and quality for all
sections of society, and in particular, to ensure that poor communities,
which are most dependent on environmental resources for their
livelihoods, are assured secure access to these resources.
 Inter-generational Equity
To ensure judicious use of environmental resources to meet the needs and
aspirations of the present and future generations

22. Cont..
 Integration of Environmental Concerns in Economic and Social Development:
To integrate environmental concerns into policies, plans, programmes, and
projects for economic and social development.
 Efficiency in Environmental Resource Use:
To ensure efficient use of environmental resources in the sense of reduction in
their use per unit of economic output, to minimize adverse environmental
impacts
 Environmental Governance:
To apply the principles of good governance (transparency, rationality,
accountability, reduction in time and costs, participation, and regulatory
independence) to the management and regulation of use of environmental
resources
 Enhancement of Resources for Environmental Conservation:
To ensure higher resource flows, comprising finance, technology, management
skills, traditional knowledge, and social capital, for environmental conservation
through mutually beneficial multi stakeholder partnerships between local
communities, public agencies, the academic and research community,
investors, and multilateral and bilateral development partners.

23. Forest and Wildlife Act and Rules
 1927 - The Indian Forest Act and Amendment, 1984, is one of the
many surviving colonial statutes. It was enacted to ‘consolidate the law related
to forest, the transit of forest produce, and the duty leviable on timber and
other forest produce’.
 1972 - The Wildlife Protection Act, Rules 1973 and Amendment
1991 provides for the protection of birds and animals and for all matters that
are connected to it whether it be their habitat or the waterhole or the forests
that sustain them.
 The act was amended in 2003 and punishment and penalty for offences under
the act have been made more stringent.
 1980 - The Forest (Conservation) Act and Rules, 1981, provides for
the protection of and the conservation of the forests.
 2006- the schedule tribes and other traditional forest dwellers Act,
2006 recognises the rights of forest dwelling schedule tribes over the area
inhabited by them.