Laws for Environmental Protection

In traditional societies, there were no any laws enacted

by Parliament or Legislative Assemblies to protect
environment. There was only one law, the law of
nature, the law of creature, and ancient people out of
fear and/or respect worshipped the natural resources
as God. Man himself was the frontline protector of the
natural resources. But, In the name of so called
development there commenced the environmental
degradation. Lack of humanism to environment has
grown up with pace of industrialization.
Environmental law concerns regulation, protection or
prohibition- of activities affecting the environment,
which includes the air, water, plant and animal life.
Cont…
◦ Indian constitution is perhaps one of the rare
constitutions of the world which contains specific
provisions relating to Environmental protection
◦ India is signatory to many Environmental treaties
◦ Indian constitution Article 51 (c ) provides that India
shall respect International treaties
◦ Devolves duty on the citizen also to preserve the
nature
◦ Article 48-A puts duty on the state regarding the
protection of Environment
◦ Article 253 of the constitution provides for power of
parliament to make law for implementing any treaty
◦ Under this provisions, parliament enacted many laws
for protection of Environment, prevention of
pollution
Environment Protection Act-1986
 This act authorizes the central government to protect and
improve environmental quality, control and reduce pollution
from all sources, and prohibit or restrict the setting and/or
operation of any industrial facility on environmental ground.
These rules lay down procedures for setting standards of
emission or discharge of environmental pollutants. It extends
to the whole of India. It define following terminology:
 Environment includes water, air and land and the inter-
relationship which exists among and between water, air and
land, and human beings, other living creatures, plants, micro-
organism and property;
 Environmental pollutant means any solid, liquid or gaseous
substance present in such concentration as may be, or tend to
be, injurious to environment;
 Environmental pollution means the presence in the
environment of any environmental pollutant;
POWER OF CENTRAL GOVERNMENT TO TAKE
MEASURES TO PROTECT AND IMPROVE
ENVIRONMENT
 (1) Subject to the provisions of this Act, the Central Government,
shall have the power to take all such measures as it deems necessary
or expedient for the purpose of protecting and improving the quality
of the environment and preventing controlling and abating
environmental pollution.
 (2) In particular, and without prejudice to the generality of the
provisions of sub-section (1), such measures may include measures
with respect to all or any of the following matters, namely:--
 (i) co-ordination of actions by the State Governments, officers and
other authorities--
 (a) under this Act, or the rules made thereunder, or
 (b) under any other law for the time being in force which is relatable
to the objects of this Act;
 (ii) planning and execution of a nation-wide programme for the
prevention, control and abatement of environmental pollution;
 (iii) laying down standards for the quality of environment in its
various aspects.
Cont..
 Provided that different standards for emission or discharge
may be laid down under this clause from different sources
having regard to the quality or composition of the emission or
discharge of environmental pollutants from such sources;
 (v) restriction of areas in which any industries, operations or
processes or class of industries, operations or processes shall
not be carried out or shall be carried out subject to certain
safeguards;
 (vi) laying down procedures and safeguards for the
prevention of accidents which may cause environmental
pollution and remedial measures for such accidents;
 (vii) laying down procedures and safeguards for the handling
of hazardous substances;
 (viii) examination of such manufacturing processes, materials
and substances as are likely to cause environmental pollution;
 RULES TO REGULATE ENVIRONMENTAL
POLLUTION
 (1) The Central Government may, by notification in the Official
Gazette, make rules in respect of all or any of the matters referred to in
section 3.
 (2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
 (a) the standards of quality of air, water or soil for various areas and
purposes;
 (b) the maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;
 (c) the procedures and safeguards for the handling of hazardous
substances;
 (d) the prohibition and restrictions on the handling of hazardous
substances in different areas;
 (e) the prohibition and restriction on the location of industries and the
carrying on process and operations in different areas;
 (f) the procedures and safeguards for the prevention of accidents
which may cause environmental pollution and for providing for
remedial measures for such accidents.
Air(Prevention and Control of Pollution) Act-1981

This act provides for control and abatement of air pollution.

 Under this act the CPB plays a major role in control/abatement of
pollution Subject to the provisions of this Act, and without prejudice
to the performance, the main functions of the Central Board shall be
 to improve the quality of air and to prevent, Control or abate air
pollution in the
 country .
 It has to advise Central Government for improvement of Air quality
 It has to prevent air pollution
 Co-ordinate the activity of state pollution control boards
 Chapter VI of the air act relates to prevention and control of air
pollution
 The state governments in consultation with the Board declare air
pollution control areas
 Alter air pollution control areas
 Declare new air pollution control areas
Cont..
 "air pollutant" means any solid, liquid or gaseous substance
1(including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or
environment;
 "air pollution" means the presence in the atmosphere of any
air pollutant;
 "Chimney" includes any structure with an opening or outlet
from or through which any air pollutant may be emitted; -
 "Emission" means any solid or liquid or gaseous substance
coming out of any chimney, duct or flue or any other outlet;
 This Act empowers the central and state pollution control
boards to meet with grave emergencies of air pollution.
 It extends to the whole of India.
Water(Prevention and Control of
Pollution) Act
 The Water (prevention and control of pollution) Act, 1974
 Water is the State subject
 Parliament can not legislate on water subject
 States have to agree for parliament legislation
 Majority States resolved for parliament legislating
 Parliament therefore, passed the water Act
Salient features of the Act (Water Act)- objectives
 To prevent and control water pollution
 To maintain wholesomeness of water
 To establish control on State Boards for prevention and control
of pollution
 To empower the Boards for prevention/control of pollution
 To provide penalties for contravention of the provisions of the
Act
 To establish control on state water testing laboratories.
 Wildlife Protection Act-1972
The Wildlife Protection Act, Rules 1973 and Amendment 1991, 2003
provides for protection of birds and animals and for all matters that are
connected to it whether it be their habitat or the waterhole or the
forests that sustain them. It extends to the whole of India, except the
State of Jammu and Kashmir. “animal” includes amphibians, birds,
mammals, and reptiles, and their young, and also includes, in the cases
of birds and reptiles, their eggs,
Prohibition of Hunting- No person shall hunt any wild animal
specified in Schedule, I, II, III and IV except as provided under
section 11 and section 12.
Prohibition of picking, uprooting, etc., of specified plants. – Save, as
otherwise provided in this Chapter, no person shall –
(a) willfully pick, uproot, damage destroy, acquire or collect any specified
plant from any forest land and area specified, by notification, by the
Central Government,
(b) possess, sell, other for sale, or transfer by way of gift or otherwise, or
transport any specified plant, whether alive or dead, or part or
derivative thereof :
 Cont..
 Hunting of Wild animals to be permitted in certain cases.
 (a) the Chief Wildlife Warden may, if he is satisfied that any wild animal
specified in Sch. 1 has become dangerous to human life or is so disabled or
diseased as to be beyond recovery, by order in writing and stating the reasons
therefor, permit any person to hunt such animal or cause animal to be hunted;
 (b) the Chief Wildlife Warden or the authorized officer may, if he is satisfied
that any wild animal specified in Sch. II Sch, III or Sch. IV has become
dangerous to human life or to property (including standing crops on any land)
or is so disabled or diseased as to be beyond recovery, by order in writing and
stating the reasons therefor, permit any person to hunt such animal or cause
such animal to be hunted.
 (2) The killing or wounding in good faith of any wild animal in defence of
oneself or of any other person shall not be an offence;
 Provided that nothing in this sub-section shall exonerate any person who, when
such defence becomes necessary, was committing any act in contravention of
any provision of this Act or any rule or order made there under.
 (3) Any wild animal killed or wounded in defence of any person shall be
Government property
Forest Conservation Act-1980
The Forest Conservation Act and Amendment 1988 provide for the
protection of and the conservation of the forests. It extends to the
whole of India except the State of Jammu and Kashmir. Restriction
on the dereservation of forests or use of forest land for non-forest
purpose. Notwithstanding anything contained in any other law for
the time being in force in a State, no State Government or other
authority shall make, except with the prior approval of the Central
Government, any order directing-
(i) that any reserved forest (within the meaning of the expression
"reserved forest" in any law for the
time being in force in that State) or any portion thereof, shall cease to
be reserved;
(ii) that any forest land or any portion thereof may be used for any non-
forest purpose;
 Cont..
(iii) that any forest land or any portion thereof may be assigned by way of
lease or otherwise to any private person or to any authority,
corporation, agency or any other organization not owned, managed
or controlled by Government;
(iv) that any forest land or any portion thereof may be cleared of trees
which have grown naturally in that land or portion, for the purpose of
using it for reafforestation.
Explanation - "non-forest purpose" means the breaking up or clearing of
any forest land or portion thereof for-
(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants,
horticultural crops or medicinal plants;
(b) any purpose other than reforestation; but does not include any work
relating or ancillary to conservation, development and management of
forests and wildlife, namely, the establishment of check-posts, fire
lines, wireless communications and construction of fencing, bridges
and culverts, dams, waterholes, trench marks, boundary marks,
pipelines or other like purposes.