Environmental Laws

Environmental law refers to the body of regulations and statutes aimed at protecting the environment and managing natural resources. In India, these laws are crucial due to the country’s rich biodiversity and the pressing challenges of pollution, deforestation, and climate change. With rapid urbanization and industrialization, the need for effective environmental laws has become increasingly important to safeguard the health of ecosystems and communities. These laws not only aim to prevent environmental degradation but also promote sustainable development, ensuring that future generations can thrive in a healthy environment.

So, What are the environmental laws in India? What is the history of environmental legislation in India?

Environmental laws are an important part of any governance body. It comprises a set of laws and regulations concerning air quality, water quality, and other aspects of the environment.

The environmental laws in India are guided by environmental legal principles and focus on the management of specific natural resources, such as forests, minerals, or fisheries.

Environment-Related Provisions in the Indian Constitution

Environment protection is mentioned in the Indian Constitution as part of Directive Principles of State Policy as well as Fundamental Duties.

Directive Principles of State Policy (Part IV) Article 48A

Protection and improvement of the environment and safeguarding of forests and wildlife. The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

Fundamental duties (Part IV A) Article 51A

To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

History of environmental laws:

• The framework for environmental protection came after UN Conference in Stockholm, in 1972.
• This led to the formation of the National Council for Environmental Policy and Planning in 1972 within the Science and Technology Department.
• This was set up to establish a regulatory body to supervise the environmental-related issues and concerns.
• This council was later converted to the Ministry of Environment and Forests.

Environmental Laws in India

The Wildlife (Protection) Act, 1972

The Act provides for the protection of wild animals, birds, and plants and  matters connected therewith or ancillary or incidental thereto. It extends to the whole of India.

It has six schedules that give varying degrees of protection:

• Schedule I: This schedule provides the highest level of protection to endangered species. It includes animals that are threatened with extinction, such as the Bengal tiger and the Indian rhinoceros. Hunting or trade of these species is strictly prohibited.
• Schedule II: This schedule lists species that are also protected but have a lower level of protection compared to those in Schedule I. The penalties for violation are less severe than for Schedule I species. Examples include certain deer species and other non-endangered animals.
• Schedule III: This schedule includes species that are protected but are not as endangered as those in Schedules I and II. These species can be hunted but only under specific conditions and with permits.
• Schedule IV: This schedule covers species that are partially protected. It includes animals that can be hunted, but hunting is regulated, and permits are required.
• Schedule V: This schedule lists species that are considered vermin. These animals can be hunted without any restrictions. This may include certain species of rodents and other pests.
• Schedule VI: This schedule pertains to plants. It prohibits the harvesting and collection of certain endangered plant species, promoting conservation efforts for vulnerable flora.

Recent Amendment in the Act:

The recent amendments to the Wildlife Protection Act of 1972, enacted in 2022, include several key changes aimed at strengthening wildlife conservation in India. Here are the main highlights:

1. Inclusion of New Species:

   Certain critically endangered species, such as the Great Indian Bustard and Pangolin, have been added to Schedule I, ensuring the highest level of protection against hunting and trade.

2. Reclassification of Species:

   Some species have been reclassified between schedules based on their conservation status, which may involve moving certain animals to higher protection categories.

3. Stricter Penalties:

   The amendments have increased penalties for violations related to wildlife protection, particularly for offenses involving Schedule I species, aiming to deter poaching and illegal wildlife trade.

4. Facilitating Research:

   Provisions have been introduced to allow scientific research on protected species, ensuring that conservation efforts are informed by the latest scientific knowledge.

5. Protection of Flora:

   Enhanced protections for endangered plant species under Schedule VI reflect a commitment to conserving India’s diverse flora.

Statutory bodies under WPA:

1. National Board for Wildlife and state wildlife advisory boards
2. Central Zoo Authority
3. Wildlife Crime Control Bureau
4. National Tiger Conservation Authority

The Water (Prevention and Control of Pollution) Act, 1974

Objective:

• To provide prevention and control of water pollution.
• Maintaining or restoring of wholesomeness and purity of water in the various sources of water.

It vests regulatory authority in Centre Pollution Control Boards (CPCB) and State Pollution Control Board (SPCB).

CPCB and SPSB are statutory bodies created under the Water Act, of 1974. It empowers CPCB and SPCB to establish and enforce effluent standards for factories discharging pollutants into water bodies.

CPCB performs these same functions for union territories along with formulating policies related to the prevention of water pollution and coordinating activities of different SPSBs.

The Air (Prevention and Control of Pollution) Act, 1981

The act aims to control and prevent air pollution in India and its main objectives are:

• To provide for prevention, control, and abatement of air pollution.
• To provide for the establishment of the boards at the central and state levels to implement the act.

As per this act, CPCB and SPCB were given the responsibility.

It states that the sources of air pollution such as internal combustion engines, industry, vehicles, power plants, etc., are not permitted to release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds (VOCs), or other toxic substances beyond the predetermined limit.

It empowers the state government to designate air pollution areas.

The Environment (Protection) Act, 1986

• This act was passed under Article 253 (legislation for giving effect to international agreements)
• This was passed aftermath of the Bhopal gas tragedy in 1984.
• It was enacted to achieve the UN conference on the human environment, 1972- Stockholm declaration.
• Eco-sensitive zones or ecologically fragile areas are notified by MoEFCC under EPA, 1986 – 10 km buffer zones around protected areas.

Statutory bodies under the EPA, 1986:

1. Genetic Engineering Appraisal Committee
2. National Coastal Zone Management Authority (later converted to National Ganga Council under the Ministry of Jal Sakthi)

The ozone-depleting substances (regulation and control) rules, 2000

• It set deadlines for phasing out of various Ozone Depleting Substances (ODSs) and regulating production, trade import, and export of the product containing ODS.
• These rules prohibit the use of CFCs, halons, ODSs such as carbon tetrachloride and methyl chloroform, and SFC except in metered-dose inhalers and for other medical purposes.

Coastal Regulation Zone Notification 2018

• It was notified based on the recommendations of the Shailesh Nayak Committee.
• To promote sustainable development while taking into account the natural hazards such as increasing sea levels due to global warming.
• To conserve and protect biodiversity besides livelihood security to local communities including the fishermen.

CRZs have been classified into 4 zones for regulation:

1. CRZ I– ecologically sensitive areas such as mangroves, coral reefs, salt marshes, turtle nesting ground, and the inter-tidal zone.
2. CRZ II– areas close to the shoreline, and which have been developed.
3. CRZ III- Coastal areas that are not substantially built up, including rural coastal areas.
4. CRZ IV- water area from Low Tide Line (LTL) to the limit of territorial waters of India.

Amendment done in the Act:

Yes, the recent amendments to the Coastal Regulation Zone (CRZ) Notification have included changes in the classification of CRZ zones, providing a clearer framework for development while maintaining environmental safeguards.

1. CRZ I (Ecologically Sensitive Areas):

• This category remains focused on ecologically sensitive areas such as national parks, wildlife sanctuaries, and mangroves.
• Amendment: Development activities are still prohibited in these areas, but there are clearer guidelines on activities permitted for the conservation and management of these zones.

2. CRZ II (Developed Coastal Areas):

• These are urban areas that are already developed.
• Amendment: The new guidelines allow for the construction and expansion of buildings and infrastructure, provided they adhere to specific regulations that mitigate environmental impacts.

3. CRZ III (Rural and Undeveloped Areas):

• This category includes areas that are relatively undeveloped.
• Amendment: The amendments relax restrictions in these zones, allowing for residential and commercial development under certain conditions. The focus is on sustainable development practices, promoting activities that enhance livelihoods while ensuring minimal ecological disruption.

4. CRZ IV (Water Areas):

• This category pertains to tidal waters and the sea.
• Amendment: The classification has been maintained, but specific provisions have been clarified regarding fishing and related activities. Development in these areas is still limited to those that support sustainable practices.

Overall Changes in Classification:

While the core classification categories have not been fundamentally altered, the recent amendments provide more flexibility within each category, particularly for CRZ II and CRZ III areas. The focus has shifted towards promoting economic development while ensuring adherence to environmental regulations, with an emphasis on sustainability and responsible management of coastal resources.

These changes have sparked debate regarding the balance between development and environmental protection, with critics raising concerns about potential negative impacts on coastal ecosystems.

The Energy Conservation Act, 2001

It was enacted as a step towards improving energy efficiency and reducing wastage. It specifies the energy consumption standards for equipment and appliances.

It prescribes energy consumption norms and standards for consumers. It prescribes energy conservation building codes for commercial buildings.

The Bureau of Energy Efficiency (BEE) is a statutory body established under the act.

Biological Diversity Act 2002

• It was implemented to give effect to CBD, Nagoya Protocol.
• To check biopiracy, protect biological diversity, and local growers through a three-tier structure of central and state boards and local committees.
• To set up National Biodiversity Authority (NBA), State Biodiversity Boards (SBBS), and Biodiversity Management Committees (BMCS).

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)

• The act recognizes and vests the forest rights and occupation in forest land in Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers residing in such forests for generations. This act comes under the aegis of the Ministry of Tribal Affairs.
• It strengthens the conservation regime of the forests while ensuring the livelihood and food security of the forest dwellers.
• It seeks to rectify colonial injustice to the forest dwellers who are integral to the very survival and sustainability of the forest ecosystem.

The act identifies four types of rights:

1. Title rights

• It gives the right to ownership of land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.
• Ownership is only for land that is being cultivated by the concerned family and no new lands will be granted.

2. Use rights

• The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas, pastoralist routes, etc.

3. Relief and development rights

• To rehabilitation in case of illegal eviction or forced displacement and basic amenities, subject to restrictions for forest protection

4. Forest management rights

• It includes the right to protect, regenerate conserve, or manage any community forest resource that they have been traditionally protecting and conserving for sustainable use.

The National Green Tribunal Act, 2010

• It was established in concurrence with Rio Summit 1992 to provide judicial and administrative remedies for the victims of the pollutants and other environmental damage.
• The NGT has to dispose of the cases presented to it within 6 months of their appeals.
• NGT has original jurisdiction on matters related to substantial questions of the environment.

NGT deals with the civil cases under the 7 acts related to the environment:

1. Water (Prevention And Control Of Pollution) Act, 1974
2. Water (Prevention And Control Of Pollution) Cess Act, 1974
3. Air (Prevention And Control Of Pollution) Act, 1977
4. Forest Conservation Act, 1980
5. Environmental Protection Act, 1986
6. Public Liability Insurance Act 1991
7. Biological Diversity Act, 2002

2 acts have been kept out of the jurisdiction of NGT:

• Wildlife Protection Act, 1972
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)

The decisions of the NGT can be challenged in High Courts and the Supreme Court.

Compensatory Afforestation Fund Act, 2016

• The CAF Act was enacted to manage the funds collected for compensatory afforestation which till then was managed by Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
• Compensatory afforestation means that every time forest land is diverted for non-forest purposes such as mining or industry, the user agency pays for planting forests over an equal area of non-forest land, or when such land is not available, twice the area of degraded forest land.
• As per the rules, 90% of the CAF money is to be given to the states while 10% is to be retained by the Centre.

The funds can be used for the treatment of catchment areas, assisted natural generation, forest management, wildlife protection and management, relocation of villages from protected areas, managing human-wildlife conflicts, training and awareness generation, supply of wood-saving devices, and allied activities.

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Subject: Environment

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