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India

Moral injunctions in ancient period. British Rule: Forest Act 1865 1970s: Stockholm Conference incorporation of article 48-A and 51 (A) (g) in constitution. 1980s: passing of legislation Air, Water Cess and Environmental (Protection) Act. Ministry of Environment and Forest in 1985 + CPCB & SPCB = regulatory and administrative core in environment sector. National Environmental Policy 2006

Indonesia Adat. Dutch Rule: Ordinance for Wildlife Protection and the Nuisance Ordinance . Constitution of Republic of Indonesia 1999- Article 33 (3). After fourth amendment in 2002, included Article 33 (4) and 28 H (1). Stockholm Conference- EMA 1982. amended twice, final product is EMA 2009. Environmental Impact Management Agency (BAPEDAL) set up in 1990.

India Enforcement of law- Indian Judiciary- use of PIL. Problems faced of enforcement- corruption, political intervention, uncontrolled birth rate, ignorance of traditional and indigenous people in environmental law enforcement, lack of proper planning and supervision, poor maintenance of records.

Indonesia Enforcement of law- investigated by police and pressented to courts by prosecutors. Problems faced of enforcementuncertainty of jurisdiction of The Office of the State Minister for the environment ;Badan Pengendalian Dampak Lingkungan (BAPEDAL) the Environmental Impact Management Agency ;Other national sectoral agencies, especially the Ministry of Forestry and Industry, the Ministry of Trade and Industry, the Ministry of Energy and Mining, the Ministry of Agriculture and the Ministry of Home Affairs;The local arms of national agencies; provincial and municipal governments; and local bodies like the police, the army and the prosecutors. Problems with enforcement of penalties. Lack of transparency, private vested interest etc.

INDIA

INDONESIA

Environmental (Protection) Act which is supposed to be an umbrella act focuses on pollution. the Constitution of India provisions with reference to the environment stated in the Directive of State Policy are not legally enforceable. laws enacted during colonial rule continue to operate- Forest Act 1927. there is no law no law whereby the holistic vision of the environment and its management is taken into account; much focus has been given to the physical environment neglecting the social and human environmental aspects.

Environmental Management Act which is the umbrella act has been amended twice to keep pace with the changing times and needs. Terms used in the Constitution of Republic of Indonesia with reference to environmental protection lacks clarity which prove to be a hindrance when it comes to enforcement of laws. Laws enacted during Dutch rule play less important role in environmental management.

Indonesia and India as developing nations face challenges in ensuring effective enforcement of environmental legislation. Innovative strategies involving local public participation need to be undertaken for conservation, protection and sustainable development of environment.