DR.C.

APARNA
CED,CBIT
 Law provides framework for regulating use of
the environment.
It is crucial for environmental management
in number of ways
1. regulation of resource use
2. Protection of the environment and
biodiversity
Mediation ,conflict, resolution and
conciliation
Formulation of stable, unambiguous
undertakings and agreements
 Following is a list of major Environmental Acts and Rules
applicable in India.
The Water (Prevention & Control of Pollution) Act 1974 (as
amended upto 1998).
The Water (Prevention &control of Pollution) cess Act, 1977 (as
amended by Amendment Act 1991).
The Air (Prevention & Control of Pollution) Act 1981 as
amended by Amendment Act 1986
Environment (Protection) Act 1986.
Hazardous Waste (Management & Handling) Rules 1989.
The Public Liability Insurance Act 1991.
Environment Protection Amendment Rule 1983.
Manufacture, Storage and Import of Hazardous Chemicals
(Amendment) Rules 1984.
The Factories Act 1984.
The Forest Conservation Act 1980.
The Notification on Environment Impact Assessment 1994.
 The Environment (Protection) Act, 1986 not only has
important constitutional implications but also an
international background. The spirit of the
proclamation adopted by the United Nations
Conference on Human Environment, held in
Stockholm in June 1972, was implemented by the
Government of India by creating this Act.

Although there were several existing laws that dealt

directly or indirectly with environmental issues it was
necessary to have a general legislation for
environmental protection because the existing laws
focused on very specific types of pollution, or specific
categories of hazardous substances, or were
indirectly related to the environment through laws
that control land use, protect our national parks and
sanctuaries and our wildlife.
 However, there was no overarching legislation and
certain areas of environmental hazards were not
covered. There were also gaps in areas that were
potential environmental hazards and there were
essentially related to the multiplicity of regulatory
agencies.

Thus,there was a need for an authority to study,

plan and implement the long-term requirements of
environmental safety, and direct and coordinate a
system of appropriate response to emergencies
threatening the environment,
 This Act was thus passed to protect the
environment, as there was a growing concern
over the deteriorating state of the environment.
As impacts grew considerably environmental
protection became a national priority in the
1970s.
While the wider general legislation to protect
our environment is now in place, it has become
increasingly evident that our environmental
situation continues to deteriorate.
We need to implement this Act much more
aggressively if our environment is to be
protected.
 This is an act providing protection and
improvement of the environment.
Highlights
Central Govt powers to take necessary measures
for protecting and improving the quality of env and
prevention, control and abatement of
environmental pollution
The powers of Central Govt include
Lay down stds for the quality of env, emissions / discharges of env
pollutants from various sources
 Restrict or prohibit industries, operations/ processes in specified areas
Restrict or prohibit handling of hazardous substances in specified areas
Lay down procedures and safeguards for the prevention of accidents,
which may cause env pollution
Enter and inspect any industrial establishments, records, registers and
documents to ensure effective implementation of the provisions of the
Act.
 Central Govt has powers to issue directions for either
closure and prohibition or regulation of an industry,
operations/ processes
It can also stop/regulate the supply of electricity,
water or any other service in the prescribed manner
It has the power to recover expenses incurred by it on
remedial measures to prevent pollution from
defaulting industry
It also has the power to take samples of air, water. Soil
or any other substance from any industrial plant for
analysis
 The industry has to comply with directions in case
of restriction on discharge/ emission of pollutants
in excess of prescribed limits
Handling of hazardous substances in accordance
with prescribed procedures.
Industry has to furnish information to specified
agencies in case of discharges, emission of
pollutants in excess of prescribed standards
already occurred or likely to occur resulting in env
pollution due to accident or any unforeseen event.
There is bar on filing of any legal suit or
proceedings against the govt or officials
empowered by it for action taken in pursuance of
the act.
Industry operations/ processes requiring consent
under the Water/ Air act/ Hazardous Waste rules
or all to submit Env Statement every year before
30th Sept for last financial year.
 This is an Act for prevention, control and
abatement of air pollution. It is also a
comprehensive legislation with more than fifty
sections.
Highlights
It makes provisions for Central and State
Boards, power to declare pollution control
areas, restrictions on certain industrial units,
authority of the Boards to limit emission of air
pollutants, power of entry, inspection, taking
samples and analysis, penalties, offences by
companies and Government and cognizance of
offences etc.
 The Act specifically empowers State Government to
designate air pollution areas and to prescribe the type of
fuel to be used in these designated areas.
According to this Act, no person can operate certain types
of industries including the asbestos, cement, fertilizer
and petroleum industries without consent of the State
Board. The Board can predicate its consent upon the
fulfillment of certain conditions.
 The main objectives of the Act are as follows:
(a) To provide for the prevention, control and
abatement of air pollution.
(b) To provide for the establishment of central and
State Boards with a view to implement the Act.
(C) To confer on the Boards the powers to
implement the provisions of the Act and
assign to the Boards functions relating to pollution
 The Act provides for constitution of central and State Boards
for preventing water pollution, power to take water samples
and their analysis
It allows for appeals, revision, minimum and maximum
penalties, publication of names of offenders, offences by
companies and Government departments, cognizance of
offences, water laboratories, analysis etc.
Prevention and control of water pollution is achieved through
a permit or consent administration procedure.
Discharge of effluents is permitted by obtaining the consent of
the State Water Board, subject to any conditions specified by
them.
Any person who fails to comply with a directive of the State
cannot, however, entertain in suit under this Act unless the
suit is brought by, or with the sanction of the State Board.
 The Indian Forest Act of 1927 consolidated all the
previous laws regarding forests that were passed
before the 1920s.
The Act gave the Government and Forest Department
the power to create Reserved Forests, and the right
to use Reserved Forests for Government use alone.
It also created Protected Forests, in which the use of
resources by local people was controlled.
Some forests were to be controlled by the village
community, and these were called village Forests.
 The Act remained in force till the 1980s when it was
realized that protecting forests for timber production
alone was not acceptable. The other values of services
that forests provide and its valuable assets such as
biodiversity began to overshadow the importance of
their revenue earnings from timber.
Between 1952 and 1988, extent of deforestation was
so great that it was essential to formulate a new policy
on forests and their utilization. The earlier forest
policies had focused only on revenue generation.
 The new policy framework made conversion of forests
into other uses much less possible.
Conservation of the forests as a natural heritage finds
a place in the new policy, which includes the
preservation of its biological diversity and genetic
resources.
It also values meeting the needs of local people for
food, fuel wood, fodder and Non Timber Forest
Produce or NTFPs. It gives priority to maintaining
environmental stability and ecological balances.
It expressly states that the network of Protected
Areas should be strengthened and extended.
 TheAct made it possible to retain a greater control over
the frightening level of deforestation in the country and
specified penalties for offenders.
 The major activities and provisions in the act can be summed up as
follows:
1. It defines the wildlife related terminology.
2. It provides for the appointment of wildlife advisory board, wildlife
warden, their powers, duties etc
3. Under the Act, comprehensive listing of endangered wildlife species
was done for the first time and prohibition of hunting of the endangered
species was mentioned
4. Protection to some endangered plants like Beddome cycad, Blue Vanda,
Ladies Sliper Orchid, Pitcher plant etc. is also provided under the Act.
5. The act provides for setting up of National Parks, Wild life Sanctuaries
etc.
6. The Act provides for the constitution of Central Zoo Authority.
7. There is provision for trade and commerce in some wildlife species
with license for sale, possession, transfer etc.
8. The Act imposes a ban on the trade or commerce in scheduled animals.
9. It provides for legal powers to officers and punishment of offenders.
10. It provides for captive breeding programme for endangered species.
 There is little point in passing laws or making
international agreements if there cannot be adequate
enforcement.
3 issues/things that are especially important for
environmental legislation are:
1. The precautionary principle This principle has
evolved to deal with risks and uncertainties faced by
environmental management. The principle implies
that an ounce of prevention is worth a pound of
cure it does not prevent problems but may reduce
their occurrence and helps ensure contingency plans
are made.
 2. The polluter-pays principle In addition to-
the obviousthe polluter pays for the damaged
caused by a developmentthis principle also
implies that a polluter pays for monitoring and
policing.
A problem with this approach is that fines may
bankrupt small businesses, yet be low enough for
a large company to write them off as an
occasional overhead, which does little for
pollution control.
There is, thus, debate as to whether the
principle should be retrospective. If the polluter
pays, how long back does liability stretch?
 3. Freedom of information: Environmental planning
and management is hindered if the public, NGOs or
even official bodies are unable to get information.
Many countries have now begun to release more
information
But still many governors and multinational
corporations fear that industrial secrets will leak to
competitors if there is too much disclosure, and there
are situations where authorities declare strategic
needs and suspend disclosure.
 The understanding of environmental concerns and issues
related to human health has exploded during the last few
years due to the sudden growth of information technology.
The advancement in computer, communication, satellite and
other technological developments have enabled engineers or
environmentalists to gather relevant information
simultaneously from many sources.
The information is utilized for developing and early warning
system and to forecast any eventuality much earlier. A large
amount of information is easily available through Remote
Sensing technology, Geographical Information System (GIS)
and Global Positioning System (GPS) that is being used for
various environmental studies.
A number of laws have been enforced for
safeguarding the environmental quality.
However, these laws and acts could not be
enacted successfully in light of the following
problems
Drawbacks of wildlife protection act,
1972
Since this act has been enacted just as a
fallout of Stockholm conference held in 1972,
it has not included any locally evolved
conservation measures.
 The ownership certificates for some animal
articles (Ex: Leopard and Tiger skins) often
serve as a tool for illegal trading.
Jammu and Kashmir have their own wildlife
acts, therefore, hunting and trading of many
endangered species, prohibited in other states
are allowed in Jammu and Kashmir.
The offenders of this act are not subject to any
harsh fines. The fine is only Rs. 25000 or
imprisonment for up-to three years.
 Drawbacks of the Forest (conservation)
Act, 1980
This act only transfers the powers from state
to centre to decide the conversion of reserve
forests to non-forest areas.
The power has been centralized at the top and
local communities have been completely
ignored from the decision making process
regarding the nature of forest areas.
 Tribal people living in forests are totally
dependent on forest resources. If they are
stopped from exploiting forests for their
livelihood, they resort to criminal activities
like smuggling, killing, etc.
This law is concentrated on protecting trees,
birds and animals but not on protecting poor
people
The forest dwelling tribal communities have a
rich knowledge about forest resources, their
importance and conservation. However, their
role and contribution is not acknowledged.
 Drawbacks of pollution related acts
The power and authority has been given only
to the central government with little power to
the state government. This hinders effective
implementation of the act in the states.
The penalties imposed by this act are very
small when compared to the damage caused by
big industries due to pollution.
A person cannot directly file a petition in the
court.
 Litigation, related to the environment is
expensive, since it involves technical
knowledge.
For small industries, it is very expensive to
install an individual custom-made effluent
treatment plant
The position of chairman of the board of most
industries is occupied by a political appointee.
Hence it becomes difficult to implement the
act without political interference.

 Ministry of Environment, Government of India has

established a Environmental Information System
(ENVIS) in 1982.
This has been established as a decentralized
information system network whose purpose is
collection, storage, retrieval and dissemination of
environmental information to decision makers,
policy makers, planners, scientists, engineers,
environmentalists, researchers and general public all
over the country