Indian Environmental Legislation & Acts (original) (raw)

Environmental Laws in India: A Legislative and Judicial Approach

IJALR, 2022

The Government of India has taken systematic and continuous efforts to tackle the environmental issues through the legislative action. India is signatory of the "United Nation Conference on Human and Environment" held in 1972 at Stockholm. The "Rio de Janeiro Conference" held in 1992 reaffirms the commitment for the administrative and executive action for the redressal of the environmental disputes arising out and incidental to it. The protection of right to life and environmental degradation has been a continuously important issue for the growth of human life and activities. The judiciary has affirmed the right to fresh water and air as a basic right to life under Article 21.1 The Constitutional and Legislative framework for the protection of life is required for the welfare of society. The judicial discourse for the clean and healthy environment has been an important action of judicial nature. The Constitution under part IV has declared that it shall be fundamental duty of citizen of India 'to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creature'. It means that Article 48A, 51(A) (g) enumerates the fundamental duties upon the State and people to save the environment and preserve the ecology at large. 2 The Supreme Court in case of MC Mehta v. Union of India3 directed that an Industry manufacturing hazardous and lethal chemical a and gases posing danger to health and life of the workmen and people living in its neighborhood, to take all necessary safety measures before reopening the plant.

Environmental Protection: A Critical Analysis of Situation Prevailing In India

Indian Journal of Applied Research, 2013

Even before Indian independence in 1947, several environmental legislations existed but the real impetus for bringing about a well-developed framework came only after the UN Conference on the Human Environment. Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in 1972. This Council later evolved into a full-fledged Ministry of Environment and Forests in 1985 which today is the apex administrative body in the country for regulating and ensuring environmental protection. After the Stockholm Conference, in 1976, Constitutional sanction was given to environmental concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties. Since the 1970s an extensive network of environmental legislation has grown in the country. The pollution control boards (CPCB Central Pollution Control Board and SPCBs State Pollution Control Boards) form the regulatory and administrative core of the sector. A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MOEF in 1992, to develop and promote initiatives for the protection and improvement of the environment. The EAP (Environmental Action Program) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations in to development programmes'. Other measures have also been taken by the government to protect and preserve the environment. Several sector-specific policies have evolved, which are discussed at length.

Constitutional Provisions for the Protection and Conservation of Environment with Important Caselaws

In India, the concern for environmental protection has not only been raised to the status of fundamental law of the land, but it is also wedded with human rights approach and it is now well established that, it is the basic human right of every individual to live in pollution free environment with full human dignity. In view of the various constitutional provisions and other statutory provisions contained in various laws relating to environment protection. The then Prime Minister Mrs. Indira Gandhi, in the first International Conference on Human Environment at Stockholm in 1972, voiced deep concern about the degradation of the environment and eco-imbalances. She also emphasized that pollution, population and poverty are interrelated problems and there must be an integrated approach to deal with them. India was also one of the signatories of the Stockholm Declaration which is known as Magna Carta on human environment. Based upon the Stockholm conference, the Indian parliament passed the forty second amendment to the constitution in the year 1976 and incorporated specially two Articles relating to protection and improvement of environment where in the Constitution of India obligates the ―State‖ as well as ―Citizens‖ to ―Protect and Improve‖ the environment. so, the key discussions are to control population explosion, use green technology, afforestation, to prevent food pollution etc.

Trends of Indian Environmental Laws and International Convention

International Research Journal of Multidisciplinary Studies, 2019

The term “Environment” includes air, water and land and interrelationship which exist among and between these basic elements and human beings and other living organisms .Besides the physical and biological aspect, the “environment” embraces the social, economical, cultural, religion and several other aspects as well. The environment, thus, is an amalgamation of various factors surroundings an organism that interact not only with the organism but also among themselves. Right from mother’s womb, one needs unpolluted air to breath, uncontaminated water to drink, nutritious food to eat and hygienic condition to live in. It means the aggregation of all the external condition and influences affecting life and development of organs of human beings, animals and plants.

Challenges of Climate Change in India Constitutional Provision of Environment Protection

Climate change is the biggest challenge for developing countries like India facing climate change. Made up. And this country is also the most sensitive towards it, the effect of changing climate is economic and social. The development will also be affected. Where the big problem like ending poverty in India is primarily there. This is the reason India in multilateral climate change negotiations to be held under the United Nations Framework Convention on Climate Change there is a big stake. Today the impact of climate change is more evident than ever before. The world held in Geneva in 1979 despite this problem coming up in the climate conference, in building a framework to deal with global warming.

ENVIRONMENT PROTECTION IN INDIA: AN OVERVIEW

ZENITH

Fifty years ago, the concept of a human right to a healthy environment was viewed as a novel, even radical, idea. Today it is widely recognized in international law and endorsed by an overwhelming proportion of countries. Eve n more importantly, despite their recent vintage, environmental rights are included in more than 90 national constitutions including India. As a consequence people in India have stated asserting their right to have clean air, safe drinking water, and a healthy environment These provisions are having a remarkable impact, ranging from stronger environmental laws and landmark court decisions to the cleanup of pollution hot spots and the provision of safe drinking water. Constitutional provisions and Judicial pronouncements have substantially increased the public's involvement in environmental governance. The right to a healthy environment has been interpreted consistently as including procedural environmental rights— access to information, participation in decision making, and access to environmental justice. Citizens, in ever-increasing numbers, are using these rights. Other major factors contributing to the growing public role in environmental governance include the enhanced importance of civil society, advances in communications technology (particularly the Internet), and in many nations the transition from closed, authoritarian types of government to open, participatory democracy.

Environmentalism in India: Issues and Legal Measures

International Journal of Research Publication and Reviews, 2022

"Environmentalism" is a term that denotes the concern for the preservation, restoration, or improvement of the natural environment, such as the conservation of natural resources, prevention of pollution, certain land use actions and shaping a better human life by keeping the purity of the nature. It supports efforts and struggles of people, organizations and institutions against the spread of the objects and means of environmental degradation, such as exploitative and destructive misuses of natural resources that end up the ecological balance and creates multi-dimensional pollution to their way of life, which are seen as less harmful to the environment. For the last four decades, the world has continuously struggled to reach a new beginning to initiate a united journey with the growing need to protect the environment and natural systems that support all life. The present study aims to discuss issues of environmental degradation and significant administrative trends in India. It reveals a comprehensive range of legal provisions adopted by the government to balance the environment with the development of the nation. The people should recognize the environmental problems and change their attitudes and behaviour suitably to devote themselves to helping the mother earth to renew. Hence, implementing strict constitutional and legal environmental laws, educating the young generation, and organizing awareness programmes are the crucial and motivating steps that will help in increasing the people"s concern for nature and boost the public to participate in programs organized to protect the environment. Awareness and participation can efficaciously help society to develop sustainability.

Economic Development and Environment in the Light of Indian Environmental Jurisprudence

Towards excellence, 2018

The conflict between economic growth and environment is sharper today than ever before, particularly in developing countries like India. India, just like other developing countries, has adopted development strategy based primarily on large-scale industrialization, energy-intensive technologies and biochemical-based agricultural technology which has led to environmental degradation. The legislative and executive efforts have been notable towards Environmental Protection laws and principles in the legal jurisprudence of India, most notably the 46 th Amendment to the Constitution of India in 1976 which explicitly laid down Environmental Protection as part of the Constitution and enactment of the Environment Protection Act 1986. Though initiatives have been taken by the Legislature and the Executive, the Judiciary has taken a lead in this race through careful judicial thinking of the Courts which has been very helpful in controlling environmental pollution. Due to non-compliance of its own laws by the State machinery, the Judiciary invented a new method of Judiciary-driven implementation of the regulations in India. Recently judicial activism has provided impetus to campaign against various environmental pollution issues arising in the country. The Indian Judiciary has interpreted Art.21 to give it an expanded meaning to bring within its ambit the right of every citizen to a clean, safe and healthy environment.

Environment and its Laws in India

RESEARCH JOURNAL OF PHILOSOPHY & SOCIAL SCIENCES, 2020

Environment is "that which surrounds us". Ruthless industrialization has inadvertently jeopardized the quality of the environment to such an extent that even the bare minimum prerequisite for the healthy life of every human being has been taken away. Environmental hazards are not only limited to the introduction of pollutants into the natural environment but also include human interference which has the potential to disturb the ecological equilibrium. The framework for the protection of the environment is premised on three intrinsic strings. The Constitution of India along with various laws acts as an instrument for preserving, protecting, and conserving the environment thereby improving upon its quality.