REPORT WRITING

NATIONAL SEMINAR ON LAW AND ENVIRONMENT

CHIEF GUEST- JUSTICE UU LALIT & AK GOEL

Justice Lalit stressed on the the development of environmental laws in India can be traced
back to both the pre and post-independent eras. Let's look at the key milestones in the
development of environmental legislation in India:

Pre-Independent Era:
1. Forest Laws: The British colonial government enacted several laws related to forests, such
as the Indian Forest Act of 1878. These laws focused primarily on the conservation and
utilization of forest resources for commercial purposes.

2. Wildlife Protection: The British enacted the Wild Birds Protection Act in 1887 and the
Wild Birds and Animals Protection Act in 1912, aiming to protect wildlife species from
excessive hunting and poaching.

Post-Independent Era:
1. Constitution of India: The Constitution of India, adopted in 1950, laid the foundation for
environmental protection. Article 48A of the Constitution states that "The State shall
endeavor to protect and improve the environment and to safeguard the forests and wildlife of
the country."

2. Water Pollution Control: The Water (Prevention and Control of Pollution) Act was enacted
in 1974 to prevent and control water pollution. It established the Central Pollution Control
Board (CPCB) and State Pollution Control Boards (SPCBs) to regulate and enforce water
pollution control measures.

3. Air Pollution Control: The Air (Prevention and Control of Pollution) Act was passed in
1981 to address the issue of air pollution. It established the CPCB and SPCBs for regulating
and controlling air pollution and promoting the improvement of air quality.

4. Environmental Impact Assessment (EIA): The EIA process was introduced in India
through the Environmental Impact Assessment Notification of 1994. It made it mandatory for
industries and development projects to undergo an environmental impact assessment before
obtaining clearance.

5. Biodiversity Conservation: The Biological Diversity Act was enacted in 2002 to conserve
India's rich biodiversity and ensure the sustainable use of its biological resources. It led to the
establishment of the National Biodiversity Authority (NBA) to regulate access to genetic
resources and protect traditional knowledge.

6. Waste Management: The Solid Waste Management Rules were first introduced in 2000 and
revised in subsequent years. These rules aim to regulate the management and disposal of solid
waste, promote recycling and waste reduction, and establish institutional mechanisms for
waste management.

7. Climate Change: India has taken various measures to address climate change, including the
establishment of the Ministry of Environment, Forest, and Climate Change in 2014. The
country has also ratified the Paris Agreement and has been implementing policies and
programs to mitigate greenhouse gas emissions and adapt to the impacts of climate change.

These are just a few examples of the significant developments in environmental laws and
regulations in India. Over the years, India has continued to strengthen its environmental legal
framework to address emerging challenges and promote sustainable development.

AK Goel stressed on The National Green Tribunal (NGT) enacted in India with the purpose
of providing effective and expeditious resolution of environmental disputes and ensuring the
enforcement of environmental laws and regulations. Here are the key purposes for enacting
the National Green Tribunal:

1. Specialized Environmental Adjudication: The NGT serves as a specialized environmental

court that focuses solely on environmental matters. It was established to provide a dedicated
forum for the resolution of environmental disputes, including cases related to pollution,
environmental damage, and conservation.

2. Speedy and Efficient Justice: One of the primary purposes of the NGT is to ensure the
expeditious resolution of environmental cases. The tribunal follows a streamlined process to
hear and dispose of cases within a specified timeframe. This helps in preventing delays and
ensuring timely justice in environmental matters.
3. Expertise and Technical Knowledge: The NGT consists of a panel of experts comprising
judicial and technical members who possess specialized knowledge and expertise in
environmental matters. This composition enables the tribunal to make informed decisions
based on scientific evidence and technical understanding.

4. Comprehensive Jurisdiction: The NGT has been given broad jurisdiction to hear and
decide cases related to environmental laws and regulations. It has the power to adjudicate on
matters concerning air and water pollution, forest conservation, biodiversity, waste
management, climate change, and other environmental issues.

5. Compliance and Enforcement: The NGT has the authority to enforce its orders and
judgments, ensuring compliance with environmental laws and regulations. It can impose
penalties, issue directions, and order remedial measures to prevent or mitigate environmental
harm. This contributes to the effective implementation of environmental laws.

6. Public Participation: The NGT facilitates public participation in environmental decision-

making processes. It allows individuals, organizations, and communities to file petitions and
present their concerns related to environmental issues. This promotes transparency and
inclusivity in environmental governance.

7. Promotion of Sustainable Development: The NGT plays a crucial role in promoting

sustainable development by upholding environmental norms and principles. It helps in
balancing economic development with environmental protection and conservation, ensuring
that the use of natural resources is sustainable and does not harm the environment.

Overall, the National Green Tribunal was enacted to strengthen the environmental legal
framework in India, provide speedy and specialized justice in environmental matters, and
ensure the effective enforcement of environmental laws to protect and conserve the
environment.