Indian environmental law

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Indian environmental law concerns the law and policy of India concerning the protection of the environment, measures taken to reverse climate change and achieve a zero carbon economy.

Since the sixties concern over the state of environment has grown the world over. There has been substantive decline in environment quality due to increasing pollution, loss of vegetal cover and biological diversity, excessive concentration of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environment accidents and threats to life support systems. The Decision which were taken at united nation conference on the human conference on the Human Environment held in Stockholm in june 1972 were based on the world community's resolve to protect and enhance the environmental concerns. Although several measures had been taken for environmental Protection both before and after the Conference it was found necessary to enact a comprehensive law on the subject to implement the decision of the conference. Accordingly the Environment (Protection) Bill passed was introduced in the Parliament Various different areas of environmental protection have been covered by different laws, drawn up at different times.

Some of the areas covered include :-

Air pollution
Water pollution
Forest and wildlife protection
Waste management
Wild Life

As with environmental protection legislation in many countries, the regulations are only effective if they are properly enforced, which hasn't always been the case in India, for a number of reasons, some of which are down to local administrative authorities.

Because of the huge population of India, there have been enormous demands placed on the environment, with the regulations not proving to be entirely satisfactory in dealing with the tremendous pressures.

History[edit]

General protection[edit]

The Environment Protection Act, 1986.^[1] is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards.

The National Green Tribunal established under the National Green Tribunal Act of 2010^[2] has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
The Public Liability Insurance Act, 1991
National Green Tribunal Act

Air pollution

The Air (Prevention and Control of Pollution) Act, 1981
Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983

Water[edit]

Legislation to protect water quality include:

The Water (Prevention and Control of Pollution) Act, 1974
The Water (Prevention and Control of Pollution) Cess Act, 1977
Water (Prevention and Control of Pollution) Cess Rules, 1978
Ganga Action Plan, 1986
National Water Policy
Coastal Regulation Zone
Godavari Water Disputes Tribunal
Interstate River Water Disputes Act
Krishna Water Disputes Tribunal

Forests and wildlife[edit]

Indian Forest Act, 1927
Wild life protection act, 1972
Forest (Conservation) Act, 1980
National Forest Policy, 1988
M. C. Mehta v. Kamal Nath (1997) 1 SCC 388
Biological Diversity Act, 2002
Protection of Plant Varieties and Farmers' Rights Act, 2001
Wild Life Protection Act, 1972, which does not fall within the jurisdiction of the National Green Tribunal.^[3] Appeals can be filed in the Supreme Court of India.^[4]
Prevention of Cruelty to Animals Act 1960
CAMPA bill

Waste management[edit]

Batteries (Management and Handling) Rules, 2001
Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
Basel Convention on Control of TransboundaryMovements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
Hazardous Wastes (Management and Handling) Amendment Rules, 2003^[5]
Construction and Demolition Waste Management Rules, 2016

Notes[edit]

References[edit]

↑ "THE ENVIRONMENT (PROTECTION) ACT, 1986". envfor.nic.in. Archived from the original on 13 June 2002. Retrieved 27 August 2015.
↑ "Archived copy" (PDF). Archived from the original (PDF) on 10 August 2013. Retrieved 13 November 2017.{{cite web}}: CS1 maint: archived copy as title (link)
↑ "THE INDIAN WILDLIFE (PROTECTION) ACT, 1972". envfor.nic.in. Retrieved 27 August 2015.
↑ Rhuks Temitope, "THE JUDICIAL RECOGNITION AND ENFORCEMENT OF THE RIGHT TO ENVIRONMENT:DIFFERING PERSPECTIVES FROM NIGERIA AND INDIA"^{[permanent dead link]}, NUJS LAW REVIEW, 2 January 2015
↑ Surendra Malik, Sudeep Malik. Supreme Court on Environment Law (2015 ed.). India: EBC. ISBN 9789351451914.

External links[edit]

[1] "THE ENVIRONMENT (PROTECTION) ACT, 1986". envfor.nic.in. Archived from the original on 13 June 2002. Retrieved 27 August 2015.

[2] "Archived copy" (PDF). Archived from the original (PDF) on 10 August 2013. Retrieved 13 November 2017.{{cite web}}: CS1 maint: archived copy as title (link)

[3] "THE INDIAN WILDLIFE (PROTECTION) ACT, 1972". envfor.nic.in. Retrieved 27 August 2015.

[4] Rhuks Temitope, "THE JUDICIAL RECOGNITION AND ENFORCEMENT OF THE RIGHT TO ENVIRONMENT:DIFFERING PERSPECTIVES FROM NIGERIA AND INDIA"^{[permanent dead link]}, NUJS LAW REVIEW, 2 January 2015

[5] Surendra Malik, Sudeep Malik. Supreme Court on Environment Law (2015 ed.). India: EBC. ISBN 9789351451914.

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