11-4.2011 fulland final - copy -...

Thesis submitted for the award of the degree of Doctor in Philosophy in law by Madhuri Parikh

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CHAPTER-III

DEVELOPMENT OF ENVIRONMENTAL JURISPRUDENCE IN INDIA

3.1 Introduction

Law for Environment Protection is not a new concept in India. It is an age-old idea to live

in harmony with nature. The concept of environmental protection has been imbibed with

Indian culture and ethos from time immemorial. The traditions of Vedic culture, the

prehistoric and historic period, the medieval India tells the magnitude of India’s awareness

for importance of environmental protection. To understand the present day legal system for

environment protection, it is very important to peep into the past Indian traditions of

protecting the environment. The present chapter discusses the development of environmental

jurisprudence in India from Vedic age to the modern time.

3.2 Pre-Vedic Period

The History of India begins with the birth of the Indus Valley Civilization in such sites as

Mohenjo-Daro, Harappa, and Lothal, and the coming of the Aryans. These two phases are

usually described as the pre-Vedic and Vedic periods.

Not only was the Vedic civilization, but even Indus valley civilization equally aware of the

importance of water, storage and

judicious use of water etc. The Indus

Valley Civilization, that flourished

along the banks of the river Indus and

other parts of western and northern

India about 5,000 years ago, had one

of the most sophisticated urban water

supply and sewage systems in the

world. The fact that this civilization

was well acquainted with hygiene and

sanitation is evident from the covered

Figure 3.1 Ruins of Mohen jo Daro,

(www. harappa.com)


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drains running beneath the streets of the ruins at both Mohenjodaro and Harappa. Yet

another excellent example is the well-planned city of Dholavira, in Gujarat.

Figure 3.2 Sanitary drainage at the acropolis-harrapan culture

(www. harappa.com)

The most unique aspect of planning during the Indus Valley civilization was the system of

underground drainage. The main sewer, 1.5 meters deep and 91 cm across, connected to

many north-south and east-west sewers. It was made from bricks smoothened and joined


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together seamlessly. The expert masonry kept the sewer watertight. Drops at regular

intervals acted like an automatic cleaning device.

A wooden screen at the end of the drains held back solid wastes. Liquids entered a cess poll

made of radial bricks. Tunnels carried the waste liquids to the main channel connecting the

dockyard with the river estuary. Commoner houses had baths and drains that emptied into

underground soakage jars.

Figure 3.3 Blocked drainage, Harrapan time

(www. harappa.com)

Though nature has blessed the Indian landmass with a large number of perennial rivers,

unlimited rainfall in most areas, yet the pragmatism and prudence of the ancient seers,

scholars and learned individuals led them to ponder over the issue of water conservation


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One of the oldest water harvesting systems is found about 130 km from Pune, along a place

known as Naneghat, situated in the Western Ghats. A large number of tanks were cut in the

rocks to provide drinking water to tradesmen who used to travel along this ancient trade

route. Each fort in the area had its own water harvesting and storage system in the form of

rock-cut cisterns, ponds, tanks and wells that can be seen in use even today.

Figure 3.4 Naneghat

(www. harappa.com)

In ancient times, houses in the western part of Rajasthan were constructed in such a way that

each had a rooftop water harvesting system. Though scanty, rainwater from these rooftops

was directed into underground tanks. This system can be seen in use even today in all the

forts, palaces and dwelling houses of the region.

Earthen pipes and tunnels, (placed underground) to maintain the flow of water besides

transporting it to distant places, are still functional at places like Burhanpur (Madhya

Pradesh), Golconda (Andhra Pradesh), Bijapur in Karnataka, and Aurangabad in

Maharashtra.

This culture was aware about importance of sanitation, town planning and preservation of

natural resources.


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3.3 The Environmental Ethos of Vedic Age

The Indian philosophy has imbibed in it an idea of harmonious relationship with the nature.

India’s legal tradition is based upon the interlinkages of tradition, religion and philosophy.

The dharmic tradition in India has inculcated deep- rooted legal culture in Indian people

which is often misunderstood as morality. It emphasizes on the internal inculcation of

human conduct and does not speak about regulating human conduct by external sanctions

only. This concept of Dharma is so wide that it encompasses a broad meaning. It is defined

as right conduct in a given circumstances…. It also lays emphasis on the superiority of

Dharma over every one in the society. Even the King was supposed to follow the Raja

dharma. Dharma, the fundamental Indian concept of law is itself based on recognition of the

importance of harmonizing human activities with nature in order to maintain a universal

order. The duty to maintain clean environment can be found in various provisions of ancient

laws of India. Dharma embraces every type of righteous conduct. It covers every aspect of

life essential for sustenance and welfare of the individual and the society.

3.3.1The Concept of Dharma and Environment Protection

The entire Indian philosophy was bases on the principles of Dharma, Artha56 and Kama57

call together as Trivarga, the first controlling the second and third. The concept of Dharma

has relevance in protecting environment. It was considered that the source of all evil actions

of human beings is his desires. The natural desire of man was found to be the desire to have

carnal and emotional enjoyment and wealth i.e. material pleasure which gave rise to conflict

of interest among individuals. The Control of dharma over kama shows the philosophy of

balancing the values of life and to establish harmonious relationship with nature avoiding

the extravagant exploitation of nature for personal pleasures. The principle of Dharma is the

basis of environmental jurisprudence in India.

There are different facets of this dharmic tradition for example the numerous Indian rituals,

festivals, etc. are all aimed at preserving the ecology. There is tremendous amount of science

in these apparently routine practices. For example: when you perform yagjna and offer into

56 the material wealth required for enjoying life 57 the desire to enjoy life


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the sacred fire, oblations of ghrita58 and other substances, they revitalize the atmosphere and

lead to rejuvenating rain and warm rays, light, vigor, vitality and life as a whole. The

original practices followed on the days of festivals like Sankranti, Holi, Ganesh Chaturdhi,

Deepavali etc. have specific eco friendly purposes.

At the Rio Earth Summit in June 1992, environmental issues were hotly debated and an

attempt was made to arrive at a blueprint for future conservation efforts. A document,

known as Agenda 21, was issued, which provided 27 guiding principles for sustainable

development.

Interestingly, several of the 'Rio principles' for environmental conservation were taught and

practised in ancient India. The modern holistic approach for ecological balance is reflected

in the most ancient of Indian scriptures, the Vedas.

For instance, the first Rio principle enunciates that ''human beings are at the centre of

sustainable development in harmony with Nature''. The ancient seers had prayed: ''Maintain

us in well-being in summer, winter, dew-time, spring, autumn, and rainy season. Grant us

happiness in cattle and children. May we enjoy your unassailed protection''.

3.3.2 Reverence for the Mother Earth

The Prithivi Sukta of the Atharvaveda especially propounds man's close relationship with

Nature. This Vedic Hymn to the Earth is unquestionably the oldest and the most evocative

environmental invocation. In it, the Vedic seer solemnly declares the enduring filial

allegiance of humankind to Mother Earth: 'Mata Bhumih Putroham Prithivyah: Earth is my

mother, I am her son.' Mother Earth is celebrated for all her natural bounties and particularly

for her gifts of herbs and vegetation. Her blessings are sought for prosperity in all

endeavours and fulfillment of all righteous aspirations. A covenant is made that humankind

shall secure the Earth against all environmental trespass and shall never let her be oppressed.

A soul-stirring prayer is sung in one of the hymns for the preservation and conservation of

hills, snow-clad mountains, and all brown, black and red earth, unhurt, unsmitten,

unwounded, unbroken and well defended by Indra.

58 Ghee-a product from butter(milk product)


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The Hymn says, in prayerful thanksgiving and homage: Earth in which lie the sea, the river

and other waters, in which food and cornfields have come to be, in which lives all that

breathes and that moves, May she confer on us the finest of her yield. Earth, in which the

waters, common to all, moving on all sides, flow unfailingly, day and night, may she pour

on us milk in many streams, and endow us with luster. May those born of thee, O Earth, be

for our welfare, free from sickness and waste. Wakeful through a long life, we shall become

bearers of tribute to thee. Earth, my mother, set me securely with bliss in full accord with

heaven, O wise one, uphold me in grace and splendor.

The famous Vedic Hymn of Peace speaks about the peace and harmony in all elements of

nature: We invoke and imbibe Aum, the primordial sound of cosmic Harmony and pray for:

Peace and Harmony in Heaven; Peace and Harmony in the Sky and on the Earth; Peace and

Harmony in the Waters; Peace and Harmony in the Herbs, the Vegetation and the Forests;

Peace and Harmony among the Peoples and the Rulers of the World; Peace and Harmony in

Spiritual Quest and Realization; Peace and Harmony for one and all; Peace and Harmony

Everywhere and in Every Thing; Peace, True and Real Peace, Let that Peace repose in my

inner space, Peace of Peace, Everlasting Peace, We pray for Peace.

This shows the philosophy of Vedic seers who regarded the Earth as 'sacred space' for the

consecrated endeavors and aspirations of humankind and for the practice of restraint and

responsibility.

The fourth Rio principle says that ''environmental protection shall constitute an integral part

of development''; several Vedic hymns expressly instructed people not to harm the waters,

vegetation, and environment - '' prithiveem ma himseeh'', ''antariksham ma himseeh'', ''mapo

maushadheerhimseeh' '59 .

A prayer in the Rig-Veda says: "We offer our reverence to Nature's great bounties, to those

who are old, and to the young, may we speak with the force at our command, the glory of all

divine powers. May we not overlook any of them".

59 Yajurveda


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The seventh Rio principle prescribes that the ''earth's eco-system should be conserved,

protected and restored''. Along with land, protection of water bodies, as well as flora and

fauna has been integral to India's ancient tradition. People were exhorted to conserve the

environment, for as is mentioned in the Rigveda : "That is the forest, which is the tree out of

which (the gods) have fabricated heaven and earth, ever stationary and undecaying, giving

protection to the deities; through numerous days and dawns (men) praise (the gods for this)".

The Earth was revered as mother. According to the Atharvaveda, " bhoomih mata putroham

prithivyah ", - like a mother the earth is to be respected and protected. The basics of

maintaining ecological balance were well understood. Atharvaveda’s love for earth is

reflected in 35th Mantra of Phumi Sukta- YT ME BUME Visvanabhi tadepi Sohatu ma te

marma vimrgvadi ma te hrdeyamapinam.

Nature demands: " Dehi me dadami te ", - you give me, and I give you60. We see the

consequences globally now for not following this basic rule. We cannot exploit Nature

without nurturing her in return. Our ancient seers realized that doing so would harm Nature's

delicate balance.

The Vedic attitude toward the Mother Earth is reflected in the following lines of Bhumi

Sukta-61

The Mighty Earth

The mighty burden of the mountains bulk

Rests, Earth, upon your shoulders: rich in torrents,

You germinate the seed with quickening power,

Our hymns of praise resounding now invoke you,

O far-flung Earth, the bright one.

Like a neighing steed you drive abroad your storm clouds. 60 Ibid 61 Boomi Sukta, A.V.XII-1


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You in your sturdy strength hold fase the forests,

Clamping the trees all firmly to the ground

When rains and lightening issue from your clouds…62

The same reverence for the mother earth is found in the Athrva Veda wherein it was said

that –Earth bestows on us with minerals, gold, silver, etc. We bow in reverence to mother

earth.63

3.3.3 Importance of Eco-balance

Several Vedic hymns are prayers for maintaining balance in the functioning of all aspects of

Nature, like this Rigvedic hymn: "I invoke the vast and beautiful day and night, heaven and

earth, Mitra and Varun a with Aryaman, Indra, the Maruts, the mountains, the waters (of

earth), the Adityas, heaven and earth, the waters (of the firmament), the whole (host of

gods)".

The twenty-fifth Rio principle talks about how ''peace, development and environmental

protection are interdependent and indivisible''. In ancient India, it was well understood that

ecological balance is dependent on actions, good or bad, of individuals and society.

The Vedas are great treasures of knowledge. The scientific approach presented by them in

viewing various entities of Nature and visualizing the process of creation is amazing, given

that modern tools of scientific enquiry were not available then. It is unfortunate that we have

forgotten the golden principles set out in them and are proceeding towards self-destruction.

It is written in the Rigveda- “Environment provides bliss to people leading their life

perfectly. River bliss us with sacred water and medicines provide us health, Night, morning,

vegetation, Sun bliss us with peaceful life. Our cows provide us sweet milk.”64

62 Ibid 63 Athrva veda 12/1/26 64 Rig-Veda 1/90/6, 7, 8


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3.3.4 Worshiping Air

Rig Veda also says that pure air is a boon to good health and happiness. Air is considered as

the agent for the welfare of the people, Air is addressed differently as father, brother, and

friend. Vayu is prayed to impart good health and eternal happiness and blessings. Vayu is

that sutra, for his power held up all these beings and their birth. That is why, O Gautama,

when a man dies, that is when the Vayu leaves him, and all his limbs become powerless.65

The Vedic Rishis recognized Air as a vital cosmic constituent and included it in the five

elements. Vayu is termed as a deity presiding over the mid-region.

The pure air and clean air is a source of health, happiness and consequently of long life, was

mentioned by Vedic Rishis. Two small Rigvedic Suktas viz. X.186 and X. 137 may be

regarded of great significance from this point of view of the importance of Air.66 .

In Rigveda67 Vata is referred to as causing welfare and happiness.

The Rishi is so emotional of this element that he addresses Vata as his father, brother and

friend. Vata is a store house of ambrosia for him and requests it to bestow its medicinal

qualities.68.

The Bhagawad Gita69, states that air has its origin in ether and also disappears in ether,

springs from ether, remaining in and finally disappearing into ether and under no

circumstances remains apart from ether but never remains in it and yet ether has no

connection what so ever with the air of its movement and other changes in it, and is always

beyond it.

The Vedic civilization believed in performance of many types of Yagnas which used to

purify air. They also believed in Yoga exercises and Japa and Meditation in the morning

which increase oxygen intake.

65 Rigveda-10-86, 1-3 66 Aruna Goel:Environment and ancient Sanskrit Literature, page 144 67 Rigveda, X. 186 68 SamVeda 1841 69 Bhagwad Gita, Chapter nine, Sloka six


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The Taitray Upnishad indicates about various types of wind in the body viz. -prana vayu,

Samana Vayu, Udana Vayu Apana Vayu Vayana Vayu 70.

3.3.5 Protecting and Preserving Water

It is indeed surprising to realize that at the dawn of civilization, the humans understood the

significance and importance of water. Apart from cooking, personal cleanliness and hygiene,

water was vital for cultivation and irrigation of crops. In that early age, water was a major

mode of transport; with further progress and development water again became an invaluable

source of food as well as trade and commerce.

According to ancient Hindu beliefs, the universe, the cosmic world comprises five basic

elements ─ kshiti71, apah72, teja73, marut74 and vyoma.75

According to the Rig Veda, all life on this planet is evolved from apah76. Water is usually

acknowledged as the basic need of all living creatures upon the face of this earth. There are

copious references in Vedic literature about medicinal properties of water, uses of water, last

but not the least the importance of conservation and preservation of water. Pure water is

termed as ‘divyajal’ due to its following properties: Sheetam77, Suchihi 78, Shivam79, Istham 80, Vimalam Lahu Shadgunam.81

In the Yajur Veda it is stated like this –“water is sacred for us. Water blesses us with good

health, intellect and beauty. Just as mother makes her child drink milk similarly you are the

life of people. May water bless us with bliss and capacity to enjoy your sweet taste. 82

The ancient Indian people used to worship rivers as gods. Hey used to address the rivers

with respect like Ganga maiya, yamuna maiya. . The rivers were worshipped as mothers.

70 Shikshavali -18 71 Earth 72 water 73 light/heat 74 air 75 ether/space 76 water 77 cold to touch 78 clean 79 replete with useful minerals and trace of useful elements 80 transparent 81 its acid-base balance should not exceed normal limits 82 Yajur Veda 11/50, 51, 52


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Even today, Artis are sung for all rivers in the morning and evening so that people treat them

like god and not make them dirty.

The ancient Indian civilization used to give importance to water and considered it as a gift of

god.

In Athrva Veda one prayer for water states that water is good and useful for the universe.83

Water was the main source of needs of life, in Chadogaya Upanishad –it is stated that-Water

is greater than food. Therefore, when there us no food (sufficient) rain, living creatures

sicken with the thought that food will become scarce. But when there is good rain, living

creatures rejoice in the thought that food will become abundant. It is just water that assumes

different forms of this earth, this atmosphere, this sky, the mountains, gods and men, beasts

and birds, grass and trees, animals together with worms ,flies and ants, water indeed is all

these forms. 84

Similar hymns we find in the Yajur Veda where it is stated that Water is for the welfare of

mankind.

Let mother Water purify us

With pure water

Oh Goddess water, give us blessings to make our life sublime.85

The Vedic people were also aware of the medicinal value of the water. They knew that water

has the quality of forceful medicinal curing substance, a great healer and remedy. In Rig

Veda water was mentioned as the abode of all medicines. It says:

Apsu me somo abravid antat visvani bhesaja/

Agnim ca visvasambhuvam apas ca visvabhesajih//86

83 Paippalada Samihita of Atharva Veda, (1.10) 84 Chandogya- VII. 10.1 85 Yajurveda- 11-50 86 Rigveda 1.23.20


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The ancient Indian custom of storing drinking water in brass vessels for good health has now

been proved scientifically by researchers. Microbiologists affirm that water stored in brass

containers can help combat many water-borne diseases and should be used in developing

countries rather than their cheaper counterpart’s i. e plastic containers.

The scientific principle involved in this is the fact that any metal or alloy tends to disrupt

biological systems. The element acts by interfering with the membranes and enzymes of

cells; for bacteria, this can mean death. Pots made of brass, (an alloy of copper and zinc),

shed copper particles into the water that they contain. But the miniscule amount that

circulates into the water, while destroying the bacteria cannot harm human beings.

Purification of ground water in the dug wells is dealt with at length in Brihat-Samhita

written and compiled by Varahamihira. He suggested an infusion be made from a mixture of

powdered herbs namely Anjan, Bhadramustha, Khas (vetiver), Amla (emblica officinalis,

gooseberry) and Nirmali (bhui amla / kataka) in water, which in measured quantities was to

be added to water in the wells for purification. Detailed practical guidance for water

purification is given in the famous treatise of Indian physician, Sushruta. Sushruta disclosed

that muddy water could be purified with herbs and naturally occurring substances; Nirmali

seeds, roots of Kamal (lotus/water lily), rhizomes of algae and three stones, Gomed (garnet)

Moti (pearl) Sphatik (quartz crystal) were used. He recommended the disinfection of

contaminated water by exposing it to the sun or immersing red hot iron or hot sand in it.

3.3.6 Forest: The Abode of the Gods

Forests constitute a very important part of Indian culture. Most of the ancient books like the

Vedas, Puranas, Brahmanas and Aranyakas were written by rishis 87 living in forests,

sometimes high up in the mountains. One finds references to three main types of forests

(vana) in ancient times. These are:

1. Mahavana

2. Tapovana

87 monks


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3. Srivana

Mahavana was a dense, virgin and natural forest covering large mountainous, hilly and low-

lying areas. Such forests were devoid of human habitation and human interference was

therefore negligible. They were rich in biodiversity. They were the main sources of

medicines. Lord Siva is the presiding deity of the mahavanas. No one dared to encroach

upon them. They remained virgin and covered a large part of India.

The tapovana, as the very name, indicates was the forest where sages did tapas (penance and

meditation). It had asramas where gurus taught their pupils. Asramas were away from

human habitation and in the interior, but people had access to them for religious and

educational purposes. They were full of plants and trees which gave edible and medicinal

leaves, roots, fruits shade and soothing climate. It was in these forests that our Upanisadas

and Aranyakas were written. There are still some tapovanas like the one near Haridvar.

Most of the tapovanas were destroyed during the last 500 years or so. And thus the tradition

of rishis and sadhus living detached from the common people and engaging themselves in

meditation, writing, and teaching died. It is pertinent to note that the tapovanas abounded in

wildlife, but none was allowed to kill animals. Even princes were punished for killing

animals as game. It was in these forests that training in the use of weapons was also

imparted. It was part of the overall education of pupils. Thus matters pertaining to peace as

well as war were really in the hands of saintly people. Trainees were prohibited from using

arms for purposes which were outside dharma or moral duty. This is what ensured peace in

society. People dejected with life went to the tapovana instead of committing suicide as

happens today. Excommunicated criminals also went there for repentance and cleansing

themselves under the feet of the samnyasins.

Srivanas were local (village or town) forests. They were not within human habitation; rather

human habitation was within them. These forests were managed by village and town

pancayats. People depended on them for fuel, medicines, fruits and other day-to-day

domestic needs. While they had access to these forests, they also had the duty to conserve,

protect, replenish and enrich them. Enriching was done through planting of trees in

replacement of trees cut.


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Srivanas had various kinds of trees, depending on soil, climate and other environmental

conditions and local needs. Tulsi (basil) was found in abundance, for it was medicinal and at

the same time improved the fertility of the soil. No puja of a Hindu god is complete even

today without tulsi leaves. Srivanas abounded in fruit orchards. The concept of social

forestry thus was known to Indians even in that deep past. We are now trying to import it

from the World Bank.

Five species of trees were a must in the Srivanas. These were banyan, peepal, asoka, bela

and harada. The banyan is a self-generating plant. It does not die. In fact it acquires the form

of a grove in course of time. It is therefore associated with fertility and longevity. It is the

abode of Lord Siva and Devi Parvati. It is shady, healthful and medicinal. The peepal (ficus

religiosa) is perhaps the most sacred tree in India. It is the only tree that gives oxygen for

more than 20 hours a day. It is on this tree that Hindus’ ancestors reside. It is the incarnation

of Lord Visnu. Every part of the peepal has medicinal value.

The asoka tree under which Sita, Lord Ram’s consort, spent much time in Lanka, is a pain-

killer, as the name indicates, apart from being shady. The bela (aegle marmelos) bears fruit

of great curative value. It is useful in a large number of diseases. Its leaves are offered to

Lord Siva. That is why wherever there is a Siva temple, there invariably are bela trees. The

last of the five trees is the tree with hard fruit (myrobalem terminalia shebual). It is perhaps

the most commonly used medicinal plant. It has great curative qualities and is relevant for

practically all diseases.

The name panchavati is derived from these five trees. Every village had a panchavati even if

it did not have a srivana. The trees were not necessarily the same as listed above, nor were

the number of trees fixed. They differed from region to region and sometimes from place to

place and people to people.

Hindu religion and culture, in ancient and medieval times, provided a system of moral rules,

moral guidelines regarding environmental protection preservation and conservation.

Environmental ethics, as propounded by ancient Hindu Scriptures and seers were practiced

not only by common persons but even by kings and rulers. They observed these


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fundamentals sometimes as religious duties and often as rules of administration or

obligations for law and order but always as principles of property knitted with the Hindu

way of life.

3.4 The Late Vedic Period

The late Vedic period was spread over the span of 1900 to 1000 BC. It is also known as

Brhamana period.

In the 5th century BC, Siddhartha Gautama founded the religion of Buddhism, a profoundly

influential work of human thought still espoused by much of the world. In the same another

religion called Jainism was founded by Mahavir.

3.4.1 Buddhism and Admiration for Environment Protection

Prince Siddhartha (later known as Gautam Buddha) was born in the year 623 B.C., in

Lumbini at Kapilavatthu, (in present Nepal near Indian border). His father was King

Suddhodana of the Sakya clan (hence Buddha is often known as "Sakyamuni" ) and his

mother was Queen Maha Maya. The queen died seven days after his birth. In his youth

Siddhartha was married to Yashodhara and had a son called Rahul. At the age of 29 years

he left the life of luxury in search of true meaning of human life. After practicing

asceticism and long intense meditation near present Bodh Gaya, at the age of 35 years

Siddhartha attained enlightenment and was thereafter known as Gautam Buddha (The

Enlightened One).

He gave his first public sermon in the Deer Park at Sarnath, near Benares, setting in motion

the wheel of the Dharma (or spiritual law) as he expounded the doctrine of the Four Noble

Truths and the Eightfold Path.

3.4.1.1 The Four Noble Truths

All Buddhist teaching is ultimately contained within the Four Truths.

1. The first Truth - Duhkhasatya The true nature of life to be "dukkha," meaning that which

is characterized by suffering and general dissatisfaction (in short - Life means suffering).


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2. The second truth - Samud Ayasatya - The cause of such dukkha to be "tanha," or

attachment.

3. The third Truth - Nirodhasatya The end of dukkha is possible, by eliminating tanha - i.e.,

with the removal of the cause, the effect ceases.

4. The fourth Truth - Margasatya - The path that leads to the elimination of tanha, which in

turn causes the cessation of dukkha. A gradual path of self-improvement, which is described

more detailed in the Eightfold Path.

3.4.1.2 The Noble Eightfold Path

It describes the way to the end of suffering. It is a practical guideline to ethical and mental

development with the goal of freeing the individual from attachments and delusions; and it

finally leads to understanding the truth about all things.

1. Right View

Perceptive realization of dukkha, karma and the dharma. It simply means to see and to

understand things as they really are and to realize the Four Noble Truth. Right view is the

cognitive aspect of wisdom. Right view leads to grasping of the impermanent and imperfect

nature of worldly objects and ideas, and understanding the rule of Karma. Since our view of

the world forms our thoughts and our actions, right view yields right thoughts and right

actions.

2. Right Purpose (intention)

Purpose should be beneficial and selfless. Right purpose can be described as commitment to

moral and intellectual self-improvement. Buddha described three types of right purpose: 1.

Intention of renunciation - that means to oppose the desire and cravings. 2. Intention of good

will - meaning to resist the feelings of anger and hatred. 3. Intention of harmlessness - that

means not to think or act cruelly, or violently, and development of kindness.


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3. Right Speech

Right speech is the first principle of ethical conduct in the eightfold path. It is essential,

because mental purification can only be achieved through the cultivation of ethical conduct.

According to Buddha right speech includes: 1. Not to tell deliberate lies and not to speak

deceitfully, 2. Not to use slanderous and malicious and offending words against others. 3. To

desist from idle chatter that lacks purpose or depth. In short - speech should truthful and

helpful, not disruptive, harsh or deceptive and to talk only when necessary.

4. Right Conduct

The second ethical principle is right conduct and actions. Right conducts means 1. Abstain

from harming living beings and taking life (including suicide) 2. Desist from taking what is

not given, which includes stealing and deceitfulness. 3. Desist from sexual misconduct.

5. Right Livelihood

It means earning one's living in a virtuous way. The Buddha mentions four jobs or activities

that one should refrain from: 1. Dealing in weapons, 2. Dealing in living beings (including

raising animals for slaughter as well as slave trade and prostitution). 3. Working in meat

production and butchery, and 4. Selling intoxicants and poisons, such as alcohol and drugs.

6. Right Effort

Without proper effort, nothing can be achieved, while misguided effort distracts the mind

from its task and results in confusion. It also includes striving with dedication but without

personal ambition to stay on the Eightfold Path.

7. Right Mindfulness

Awareness is kept entirely on feelings, thoughts, conduct and events that are in the present

moment. It is the mental ability to see things as they are, with clear consciousness. Right

mindfulness is anchored in clear perception. Right mindfulness enables us to be aware of the

process of conceptualization in a way that we actively observe and control the way our

thoughts go.


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8. Right Concentration

Developing concentration and mental focus. Concentration here means a state where all

mental focused onto one particular object. The best way to develop concentration is through

the practice of meditation.

The Law of Karma - In Buddhism Law of Karma states that for every intentional action

there is a corresponding consequence. Beneficial actions produce beneficial results, and

detrimental actions produce damaging results. Deed itself is not as important as the

intention, with regard to your own karma.

After teaching for 45 years at the age of 80, the Buddha entered into a deep trance and died

peacefully in Kushinagara.

These four truths and eight fold path reveals that the love for nature, and the philosophy that

nature is protection of environment is part of our nature are imbibed in Buddhism.

The earliest Buddhist text “Suttanipata” describes cattle as a giver of food, beauty, and

happiness (annada, vannada, and sukhada) and therefore deserves to be protected.

Buddhism is a religion that places great emphasis on environmental protection. Sakyamuni

Buddha was born at Lumbini Garden. He engaged in spiritual practice in the forest, attained

Buddhahood under a tree, and first began preaching at Deer Park. The major monasteries

where he taught his disciples were all gardens or woods, such as Jeta Grove, Bamboo Grove,

Amravana Garden, and he passed into pari-nirvana between two Sal trees near Kusinagara.

He exhorted his monastic disciples, when spending the night under a tree, to regard that

place as his home and take loving care of it.

The Buddha told the people in the sutras and precepts that the people should take loving care

of animals, and that we should not harm the grass and trees, but regard them as the home

where sentient beings lead their lives. In the stories of the Buddha's past lives, when he was


64

following the Bodhisattva path, he was once reborn as a bird. During a forest fire, he tried

fearlessly to put out the fire, disregarding his own safety by bringing water with his feathers.

In the Avatamsaka Sutra it is said that mountains, waters, grass, and trees are all the

manifestation of the great bodhisattvas. So, Buddhists believe that both sentient beings and

non-sentient things are all the Dharma-body of the Buddhas. Not only do the yellow flowers

and green bamboo preach Buddhist teachings, but rocks can also understand Buddhist

doctrines. Therefore, Buddhists regard our living environment as their own bodies. The

Buddhists' life of spiritual practice is by all means very simple, frugal, and pure. Gautama

Buddha who lived in India approximately 2,500 years ago can be identified as the first

environmentalist who introduced the concept of Sustainable development. World leaders, in

an unprecedented move, meet frequently shedding their political differences to discuss

environmental issues such as global warming. They further discuss simple way of life,

sustainable utilization of natural resources and conservation of bio diversity.

In this backdrop, it is pertinent to revisit Buddhist principles in the light of modern theories

in environment protection

Lord Buddha's vision and speech made him unexcelled as a sage and a teacher and as the

Enlightened Being who saw the interdependence of nature and taught it to the world through

his religion of love, understanding and compassion and his commitment to the ideal of non-

violence. Buddhism and Jainism, perhaps as much if not more than any other traditions,

rejected the notion of humankind as the exclusive centre of life and existence and repudiated

the selfish anthropomorphic calculus of utility to human beings for the evolution of other

forms of life. Buddhism emphasizes that we should be wary of justifying the right of any

species to survive solely on the basis of its usefulness to human beings. It also highlights the

harmony between the human beings and nature.

In Present days, His Holiness Dalai Lama in The Buddhist Declaration on Nature, reveals

the Buddhist philosophy on environment.


65

3.4.1.3 The Dalai Lama on Environment

The Dalai Lama on explains the Buddhist’s Philosophy on the environment as follows88

"Peace and the survival of life on earth as we know it are threatened by human activities that

lack a commitment to humanitarian values. Destruction of nature and natural resources

results from ignorance, greed and lack of respect for the earth's living things.

"Our ancestors viewed the earth as rich and bountiful, which it is. Many people in the past

also saw nature as inexhaustibly sustainable, which we know is the case only if we care for

it. It is not difficult to forgive destruction in the past that resulted from ignorance. Today,

however, we have access to more information, and it is essential that we re-examine

ethically what we have inherited, what we are responsible for, and what we will pass on to

coming generations."

"As people alive today, we must consider future generations: a clean environment is a

human right like any other. It is therefore part of our responsibility towards others to ensure

that the world we pass on is as healthy, if not healthier, than we found it."89

"HUMANITY AND ECOLOGY"90

Peace and the survival of life on earth as we know it are threatened by human activities that

lack a commitment to humanitarian values. Destruction of nature and natural resources

results from ignorance, greed and lack of respect for the earth's living things.

This lack of respect extends even to the earth's human descendants, the future generations

who will inherit a vastly degraded planet if world peace does not become a reality, and if

destruction of the natural environment continues at the present rate.

Our ancestors viewed the earth as rich and bountiful, which it is. Many people in the past

also saw nature as inexhaustibly sustainable, which we know is the case only if we care for

it.

88 From "Humanity and Ecology", © 1988, The Office of His Holiness the Dalai Lama 89 Ibid 90 Ibid


66

It is not difficult to forgive destruction in the past which resulted from ignorance. Today,

however, we have access to more information; it is essential that we re-examine ethically

what we have inherited, what we are responsible for, and what we will pass on to coming

generations.

Many of the earth's habitats, animals, plants, insects and even micro-organisms that we

know to be rare may not be known at all by future generations. We have the capability and

the responsibility to ace; we must do so before it is too late.

Just as we should cultivate gentle and peaceful relations with our fellow human beings, we

should also extend that same kind of attitude towards the natural environment. Morally

speaking, we should be concerned for our whole environment.

This, however, is not just a question of morality or ethics, but a question of our own

survival. For this generation and for future generations, the environment is very important. If

we exploit the environment in extreme ways, we will suffer, as will our future generations.

When the environment changes the climatic condition also changes. When the climate

changes dramatically, the economy and many other things change. Our physical health will

be greatly affected. Again, conservation is not merely a question of morality, but a question

of our own survival.

Therefore, in order to achieve more effective environmental protection and conservation,

internal balance within the human being himself or herself is essential. The negligence of the

environment, which has resulted in great harm to the human community, resulted from our

ignorance of the very special importance of the environment. We must now help people to

understand the need for environmental protection. We must teach people to understand the

need for environmental protection. We must teach people that conservation directly aids our

survival.

If you must be selfish, then be wise and not narrow-minded in your selfishness. The key

point lies in the sense of universal responsibility. That is the real source of strength, the real

source of happiness. If we exploit everything available, such as trees, water and minerals,

and if we don't plan for our next generation, for the future, then we're at fault, aren't we?


67

However, if we have a genuine sense of universal responsibility as our central motivation,

then our relations with the environment, and with all our neighbours, will be well balanced.

Ultimately, the decision to save the environment must come from the human heart. The key

point is a call for a genuine sense of universal responsibility that is based on love,

compassion and clear awareness.”91

Simple lifestyle promoted by Gautama Buddha is decorated with environmental

sensitiveness. Right Livelihood is one of the eight noble practices found in Eight Noble

Path preached by him. Prevention from engaged in livelihoods associated with meat,

weapons and toxic substances is also a part of Right Livelihood. Meat trade is directly

linked with hunting animals freely live in jungles. Weapons and toxic substances are

dangerous to both flora and fauna. Hence, Right Livelihood practices promote

environmental protection.

Unlike many human centric western religions, Buddhism is eco-centric. Hence, Buddhism

always recognizes and respect diversity. Gautama Buddha taught his followers to respect

other religious leaders and their teachings. Mahaweera, the founder of Jainism is such a

person who earned high respect from and enjoyed very close relationship with Gautama

Buddha. Buddhism does not recognize human supremacy. According to Buddhist

teachings, human beings are just another component of interdependent, interwoven and

interconnected different components of the environment.

Every component of the environment is equally important to maintain the eco

balance. Hence, Buddhism promotes co-existence of all living being without any

discrimination. Because of this principle, Buddhist monks are prohibited from weeding and

cutting trees in their disciplinary code known as Vinaya Pitakaya. Westerns waited till

downing of this century to recognize the importance of bio diversity. They were in fact too

late to recognize this principle because a lot of species have already disappeared from the

world due to western developmental approaches.

Gautama Buddha recognized the important role played by forest in the environment. He

once admired trees stating that trees provide shade and shelter to the person who is planning

91 Ibid


68

to destroy trees. He preached in Vanaropa Sutra in Sanyukta Nikaya that gardening and

forestation are acts which increase doers’ merit every day.

Environment and natural resources are considered as things not inherited from the past

generations but things borrowed from future generations. If we destroy natural resource

base or pollute environment, future generations will find difficult to

survive. Environmental pollution has reached such an alarming rate that world is rapidly

becoming unsuitable for human beings. Buddhism is the only religion which has taught its

followers to think of future generations. In Karaniya metta sutra, Buddha has preached to

extend our compassion to all living beings both born and unborn. It is as follows.

“Whatever breathing creatures here may be

No matter whether they are frail or firm,

Or middle-sized, or be they short or small

Or whether they are dwelling far or near

Existing or yet seeking exist

May beings all be of a blissful heart. "92

The best way to extend our compassion for unborn generations is utilization of natural

resource in a sustainable manner. Unless we adhere to sustainable practices, there will be

not conducive environment for future generations to sustain.

Usually, environmental destruction is caused by people with authoritative powers. They

abuse powers vested with them to destroy natural resources. Gautama Buddha realized this

situation and preached that rulers are not owners of natural resources under their

control. They are mere custodians or trustees who look after natural resources on behalf of

general public. Therefore, rulers are duty bound to protect the natural resources and to hand

those over to next generations. This is considered as the origin of principle of

custodianship. Gautama Buddha always advised Kings such as Pasenadi of Kosala and

Bimbisara of Magadha who turned to him for advice on governmental matters to preserve

92 Karaniya metta sutra


69

natural resources for future generations as their custodians. If powerful rulers in the present

world follow this Buddhist principle, there will be no excessive carbon emissions to the

environment.

Buddhism specifies certain basic virtues of rulers in the Dasa Raja Dharmaya. These

included Generosity, Morality, Nonviolence and Friendliness. According to

Cakkavattisihanada Sutta the ideal king is expected to protect not only people but forestry,

animal and birds. Ancient Indian Buddhist King Asoka's 5th Pillar Edict stating that he in

fact placed various species of wild animals under protection is one of the earliest recorded

instances of a specific governmental policy of conservation.

Buddhism is very clear in its teaching that often the cause of wrongdoing is ignorance rather

than wickedness or sin. The natural corollary of this, in the context of the environment, is

the need for environmental education. it consequently becomes the duty of those interested

in the environment to spread knowledge regarding the damaging consequences of the

environmental destruction we take for granted.

It is crystal clear that western philosophies have failed to address burning problems of the

present world such as environmental pollution and scarcity of natural resources. The

solution lies with Buddhism. Hence, Buddhism emerges as the Religion of future. Buddhist

leaders are duty bound to save the burning world by spreading the message of Buddha.

3.4.2 Jainism and Love for Nature

Jainism is one of the oldest religions of world. It believes in a universe without beginning,

without end and without creator. Rishabhdev, the first Tirthankar , is mentioned in Rig

Veda, the oldest scripture of Hinduism believed to be at least 5000 years old. The last of the

24 Tirthankars of this cycle of time was Lord Mahavira. Jainism became prominent religion

in India at the time of Mahavira , who was born in about 599 B.C. in the town of Vyshali,

(in the present day Bihar) in a royal family. At the age of 30 years Mahavira decided to

leave his palace. For twelve years he practiced asceticism and meditated and ultimately

started preaching.


70

Ahimsa (Non-violence) is the basic philosophy of Jainism. Anekantvad (Non-absolutism)

Syadvad (Relativity of truth) and Karma theory form the basis of Jain philosophy. The

scriptures of Jainism are Agana (precepts) or Siddhantas- (treatises). Jain code of conduct

includes: Ahimsa (non violence), Satya (truthfulness), Asteya (non-stealing), Aparigraha

(non-possessiveness), and Brahmacharya (chastity). These are very similar to the Buddhist

code of conduct

Jainism is an ancient religion and philosophy which has flourished in the Indian

subcontinent for over 5000 years. It is built on the principles of nonviolence, working on

self, and realization of multiplicity of truth through our varying perspectives of life. The last

of its twenty-four prophets was Mahavir (599-527 BC), a born prince, who practiced and

preached nonviolence, and environmental protection to safeguard trees, plants and animals

for the living.

Reverence for all forms of life is deeply ingrained in the Jain ethos. In the Jain symbol, the

word Ahimsa (nonviolence) is in the center of the raised palm. It symbolizes blessings as

well as to stop to review our activities to ensure that they do not hurt anyone. The wheel in

the palm signifies that if we ignore our ethical responsibility, then like a wheel we will go

round and round through ceaseless cycles of birth, life, pain, misery, death and rebirth.

Jain comes from a Sanskrit word Jina that means conqueror. It implies conquest over one's

inner enemies or passions – anger, greed, ego, and deceit. In its present form, Jainism began

with Lord Mahavir (599-527 BC), a born prince who took ascetic life at the age of 30 and

revived the pre-established discipline. His status is the 24th Tirthankar, the last revealer or

prophet of Jain tradition.

The primary goal of Jainism is the perfection and purification of soul. The principle

governing the successions of life is karma. The total freedom from ceaseless cycles of birth,

life, pain, misery, and death can be achieved through willed elimination of inner enemies.

The attainment of Right perception, right knowledge and right conduct together leads to

liberation. Right perception creates an awareness of the reality or truth. Right knowledge

impels a person to proper action. Right conduct leads to the attainment of total freedom.


71

It puts great emphasis on the right conduct. Non-violence (Ahimsa)

- Not to cause any harm to any living being

* Truthfulness (Satya) - To speak the harmless truth

* Non-stealing (Asteya) – Not to take what is not properly given

* Chastity (Brahmcharya) - Not to indulge in illicit sensual pleasure

* Non-Possession (Aprigraha) – Absence of self-interest in people, places & material things

In Jainism it is explicitly mentioned that Every living being wants to live. Sorrow and

killing are not liked by any living being. All beings love their life. This implicitly establishes

that all beings have the right to live. Non-violence is for the welfare of all beings.

Lord Mahavira has said “To kill or hurt any living being amounts to killing or hurting

oneself. Compassion to others is compassion to one’s own self”. Man should live in

harmony with all beings and nature. Hence, the relevance of Jain concept of non-violence

which can bring in adaptability in modern life-style and may help us change the attitude of

people in today’s world of Consumerism hedonism and terrorism. Non-violence can be

broadly interpreted to mean “harmlessness”. Non-violence need not be regarded as a passive

attitude.93

The basic tenet of Jainism is ahimsa or nonviolence. Violence in thoughts precedes violent

words or action. Absence of violence in thoughts, speech or actions leads to universal love

or ahimsa. According to March 16, 1981 Time magazine, "But Jainism's pre-eminent

discipline, ahimsa (non violence), deeply influenced Mahatma Gandhi and altered the course

of Indian history.

The fundamental teaching of Jainism is ahimsa and non violence and it is taken so seriously

that even today Jain monks and nuns will gently sweep the floors in front of them to ensure

that they do not harm even an ant. The strict teaching of ahimsa led the Jains to forswear any

trade that involved taking any form of life. So they moved out of agriculture, leatherwork,

93 See, Palmer, Martin., Faith in Conservation: New Approaches to Religion and the Environment , Victoria Finlay. The Paper: The World Bank Washington DC


72

meat production, and so forth and instead looked for trades that involved inanimate objects

of mining, gem dealing and petrochemicals.

3.5 The Mauryan Rule and Wakefulness for Preservation of Environment

In 322 B.C., Magadha, under the rule of Chandragupta Maurya, began to assert its

hegemony over neighboring areas. Chandragupta, who ruled from 324 to 301 B.C., was the

architect of the first Indian imperial power-the Mauryan Empire 94 whose capital was

Pataliputra, near modern-day Patna, in Bihar.

Situated on rich alluvial soil and near mineral deposits, especially iron, Magadha was at the

center of bustling commerce and trade. The capital was a city of magnificent palaces,

temples, a university, a library, gardens, and parks, as reported by Megasthenes, the third-

century B.C. Greek historian and ambassador to the Mauryan court. Legend states that

Chandragupta's success was due in large measure to his adviser Kautilya, the Brahman

author of the Arthashastra (Science of Material Gain), a textbook that outlined

governmental administration and political strategy. There was a highly centralized and

hierarchical government with a large staff, which regulated tax collection, trade and

commerce, industrial arts, mining, vital statistics, welfare of foreigners, maintenance of

public places including markets and temples, and prostitutes. A large standing army and a

well-developed espionage system were maintained. The empire was divided into provinces,

districts, and villages governed by a host of centrally appointed local officials, who

replicated the functions of the central administration.

The well organized administration, proper implementation of law and order and central

administration during the Mauryan period had contributed for the development of

environmental jurisprudence. The protection of natural resources, forests, maintaining

proper sanitation through administration through legal provisions was first time took place

in India during this period. There was a provision of punishment for violation of such rules

and regulation by the people in the Maurayan Empire. Even the King was not above this

rule. So the rule of law was prevalent. The attitude of the people and Mayrayan Kings

towards environment protection during this period is revealed in Kautilya’s Arthshastra.

94 326-184 B.C.


73

Book I of Kautilya's Arthasastra describes in detail activities of the heads of departments.

Chapter 1 through Chapter 36 extensively describes the role and the specific activities of

each head of the department. We discuss below the activities of some of the heads of the

departments.

3.5.1 Maurayan Administration

The close study of the administration during this period reveals the effective steps taken for

environmental protection during this period.

Suwarnadhyaksh95

Suwarnadhyaksh was responsible for exploring, mining, processing, production and trading,

besides conserving these resources. He was required to set up factories for processing the

gold and not allow unauthorized persons into the workshop. He was required to be

conversant with the treatment of iron and copper

Kuppyadhyaksha96

He was required to procure forest produce and convert it into finished goods. The group of

forest produce included several types of trees with hard wood (somavalka, sarja, sarala,

khadira, tilaka, arjuna, etc), fiber plants, material for ropes, flowers, bulbous roots, group of

medicinal plants, skin, bones, etc. he was required to set up separate factories for making

goods out of forest produce for livelihood and protection.

Seetadhyaksha97

He was involved in collecting seeds of all kinds, all kinds of grains, flowers, fruits,

vegetables, roots, creeper fruits, flax and cotton. He was required to undertake cropping in

the vacant / government land. He was required to keep sufficient stocks of ploughing

machines, implements and bullocks. He had to undertake harvesting operations and ensure

that not even husk was left in the field.

95 Superintendent of Gold 96 Superintendent of Forest Produce 97 Superintendent of Agriculture


74

There was no doubt that Mauryas firstly looked at forests as a resource. For them, the most

important forest product was the elephant. Military might in those times depended not only

upon horses and men but also battle-elephants; these played a role in the defeat of Seleucus,

Alexander's governor of the Punjab. The Mauryas sought to preserve supplies of elephants

since it was more cost and time-effective to catch, tame and train wild elephants than raise

them. Kautilya's Arthashastra unambiguously specifies the responsibilities of officials such

as the Protector of the Elephant Forests:98

On the border of the forest, he should establish a forest for elephants guarded by foresters.

The Superintendent should with the help of guards...protect the elephants whether along on

the mountain, along a river, along lakes or in marshy tracts...They should kill anyone slaying

an elephant.

With all these we cannot ignore the fact that there were provisions for the protection of

animals and forests.

Trapping or killing animals in the Abhayaranya was considered offence in Mayrayan

empire. Kautilaya has written:

Sunadhyakshah pradishtamayanam abhayavanavasinam ch mrugpakshupakshi matsyanam

Bandhvadhhinssayamuttahm dandam karyet. 99

Any person who entraps or kills deer, bisons, birds, fish etc., which live in forests under

State protection (Abhayaranya) shall be punished with the highest amercement.

There is also a provision that cow, bull ,calves shall not be slaughtered. Any one violating

this rule shall be punished with fifty panas.

Vatso Vrusho dhenushvaishamavadhayaya

Druntah pashvashashtkodandah, klishtaghatam ghatyatshwa.100

Similarly cutting of tress was also an offence.

98 Kautilya, Arthashastra, Protector of the Elephant Forests14 99 Ibid p 128 .S 100 Ibid-p138


75

Vrukshachhedane dandparushyam vidhyat.101

Meaning that: cutting of trees (belonging to the Government) shall be punished in the same

manner as assault.

Chapter VII.x deals with the duties of the village headman(GRAMIKA) wherein various

responsibilities of the headman have been mentioned. One of his responsibilities is to ensure

that cattle do not graze or stray into cultivated private fields or gardens or eat the grains in

storage sheds and threshing fields and shall be responsible for protecting them from injuries

or harsh treatment.102

Chapter VII. xi discusses the civic responsibility and municipal regulations. This chapter

contains certain provisions which are helpful in protection of animals and environment both.

Emphasizing the responsibilities of townsmen it declares that no one shall dirt on the

streets or let mud and water collect there. This applies particularly to the royal highways.

No one shall pass urine or faeces in (or near) a holy place, a water reservoir, a temple or a

royal property, unless it is for unavoidable reasons like illness, medication or fear.

No one shall throw out dead bodies of animals or human beings inside the city.

Corpses shall be taken out of the city only by the prescribed route and the gate for corpses

and cremation or burial done only at the designated places.103

3.5.2 Punishments for Damaging Environment

There were legal provisions prescribing punishments if a person did not follow the above

mentioned responsibilities.

Following punishments were used to be awarded if there was a breach of above mentioned

duties.

101 Ibid p265 102 Ibid Chapter VII.x, from 3.10.21, p.25-34 103 Ibid Chapter VII. Xi, from 2.36.p 26-33


76

Hygiene

Type of offence Punishment Provisions,

Arthashastra

Throwing dirt on the road Punishment: fine 1/8 pana (2.36.26)

blocking it with mud or water Punishment: fine 1/4 pana

Throwing dirt on the royal highway Punishment: fine 1/4 pana (2.36.27)

Blocking it with mud or water Punishment: fine 1/2 pana

For using a holy place as a urinal 1/2 pana (2.36.28)

For using a holy place as latrine 1 pana

For using a water reservoir as urinal,

near it

1 pana

For using a water reservoir as latrine

l, near it

2 panas

For using a temple as urinal or near it 1 1/2 panas

For using a temple as latrine or near it 3 panas

For using a royal building as urinal or

near it

2 panas

For using a royal building as latrine

or near it

4 panas


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For throwing dead bodies inside the city: (2.36.30)

Cat, dog, mongoose or snake 3 panas

Donkey, mule, camel, horse or cattle 6 panas

Human corpse 50 panas

For taking out a dead body by an unauthorized route or through an

unauthorized gate

(2.36.31)

A gate keeper who lets the above

happen

200 panas (2.36.32)

Burial/ cremation in place other than

the designated grounds

12 panas (2.36.33)

Damage to Public Property

Type of offence Punishments

Plants and creepers trees Important trees* Others

A sprout 3 6 12

Small branches 6 12 24

Big branches 12 24 48

Cutting of trunks Half lowest SP Lowest SP Double Lowest SP

Uprooting Half Middle SP Middle SP Double Middle SP.

* Including those which mark boundaries, are objects of worship or those in Royal enclosures

House Building

Causing damage to another house by letting 24 panas (3.8.22)


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urine or dung collect.

Not having adequate rainwater drainage 12 panas (3.8.23)

Animal Welfare

Offence Punishment Provisions,

Arthashastra

For trapping, injuring or killing of

Protected species Highest SP (2.26.1)

Animals in Sanctuaries Highest SP (2.26.1)

For the above offences

Committed by householders (for their personal

use)

Middle SP (2.26.1)

Gamekeepers and sanctuary guards who let the

above happen

Lowest SP (2.26.6)

For trapping, injuring or killing

Fish and birds whose slaughter is not

customary

26 3/4 panas (2.26.2)

Deer and animals whose slaughter is not

customary

53 1/2panas (2.26.2)

Violation by butchers

Killing or torturing to death a calf, bull or

milch cow

50 panas (2.26.11)

Castrating the male of a small animal used for

breeding

Lowest SP (3.20.17)


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Injuring animal with stick

For small animals 1 to 2 panas (3.19.26.27)

For big animals 2 to 4 panas + cost of

treatment

Causing bleeding wounds to animals

Small animals 2 to 4 panas (3.19.26,27)

Big animals 4 to 8 panas+ cost of

treatment

Letting horned and tusked animals fight and

kill one another

Compensation to

owner and equal

amount of fine

(4.13.19)

A temple animal, a stud bull or a cow not yet calved

Riding 500 panas (4.13.20)

Driving away Highest SP

Theft of Animals

Theft or killing of small animals for example

cocks, catsa, dogs,pigs,etc or of value less than

25Panas

Cutting off the tip of

the nose or 54 panas

(fine for Candalas

and forest dwellers

27 panas)

(4.10.2)

Theft or killing of small animal useful for its

milk or hair, for riding or for stud

Compensation to

owner+ equal amount

as fine(killing for

ritual purposes

permitted)

(4.10.21)


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Theft of deer, cattle, birds, fish, wild animals

caught in some body else’s trap or net

Value of animal +

equal amount as fine

(4.10.4)

Theft of deer from protected forests or objects

from productive forests

100 panas (4.10.4)

Theft of deer or birds held in captivity for

pleasure

200 panas (4.10.5)

Theft of adult cattle Cutting of both

fingers or a fine of

600 panas

(4.10.16)

Theft of a temple animal Highest SP or

death(depending on

the gravity of

offence)

(4.10.16)

Theft of a herd (more than ten heads ) of cattle Death without torture (4.11.15,16)

Table 3.1 Penal Provisons in Arthashashtra for environment pollution

The Arthashastra also reveals that the Mauryas designated specific forests to protect

supplies of timber, as well as lions and tigers, for skins. Elsewhere the Protector of Animals

also worked to eliminate thieves, tigers and other predators to render the woods safe for

grazing cattle104.

3.5.3 Animal Husbandry in the Mauryann Age

Animal husbandry made great progress in the Mauryan age105. The Mauryan age precede the

period of Buddha and Mahavir, who preached non-violence towards animals. The

environmental conservation, as it existed during the Mauryan period continued more or less

unaltered in subsequent reigns until the end of the Gupta empire in 673 A.D. Similar

104 Rangarajan, M. (2001) India's Wildlife History, p 7. 105 322–232 BC


81

provisions for forest protection and animals were made by other Hindu Kings also e..g. the

King Ashoka, in Pillar edict expressed the view point about welfare of creatures in his

Kingdom. He prescribed carious pecuniary punishments for killing animals which included

even ants, squirrels, parrots, red headed ducks, pigeons, lizards and rats as well.106

After Mauryan Dynasty, the India became disintegrated. Number of rulers ruled over India

but they had reverence for nature. But noteworthy contribution had not been made in this

regard during this period. The major dynasties rules India during this period are Kushan

Dynasty,107 Gupta Empire (Golden Age)108, Harsh Vardhana,109 Rashtrakutas dynasty110,

Pratiharas 111, Rashtrakutas112. In south India, Kushan, Chola, Pandya dynasty ruled.

The major portion of India united again under the Mughal rule in India.

3.6 Medieval India

The history of medieval India is dominated by the rules of Muslim kings. The Sultanate

period and Mughal period are noteworthy periods during this time.

The development of environmental jurisprudence is not noteworthy during this time. But

during the Mughal period, the various Mughal kings developed gardens all over India.

3.6.1 Mughal Kings and Development of Environmental Jurisprudence

The History of Medieval India is dominated by the rule of various Muslim Kings, with

special mention of the Mughal Kings.

In the Mughal Empire, leisure was a luxury confined to the pleasures of the aristocracy.

High cuisine and wine, garden parties, game hunting ( shikar), animal fights, pigeon flying

(Ishqbazi), archery and horse riding constituted imperial entertainment. According to Abul

Fazl the court historian of Emperor Akbar, the Mughal ruler had three favorite amusements

106 Thaper, R.., Ashoka and the Decline of the Mauryas(2nd ed. 1973) Delhi Publ., Delhi, P 264

107 200 B.C. and A.D. 300 108 320-550 A.D. 109 Harsh Vaardhana and his successors ruled during the period of 550- 730 A.D. 110 753-973 AD 111 750-920 AD 112 753-973 A.D


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in which he excelled: the game of Chaugan (a kind of hockey with the player on horseback),

Ishqbazi or love play (a game of pigeon flying) and the game of chandal mandal which was

like chaupar and had been invented by the Emperor himself. Akbar was also passionately

fond of hunting and pursued the noble sport in its different forms, especially the tiger hunt

and the trapping of wild elephants, but he also hunted with trained falcons and leopards,

owning no less than nine hundred hunting leopards. He was not fond of battue; he enjoyed

the excitement and exertion of the actual hunt as a means for exercise and recreation, for

training the eye and quickening the blood. But as Abul Fazl reminds us there was more to it

than mere pleasure: "His Majesty always makes hunting a means of increasing his

knowledge and uses hunting parties as occasions to inquire into the condition of the people

and army." Akbar's hunting parties were elaborate and headed by the Mir Shikar (Master of

hunting). The Emperor's favorites being tiger hunting, leopard hunting and elephant

catching.

Akbar's successor Jahangir's Memoirs is replete with accounts of his hunting expeditions. In

the narrative of the year 1606, he is recorded to have spent three months and six days in

hunting at Lahore, during which time 581 animals were killed with the gun, hunting

leopards, nets and qamargah. He called 158 animals by his own gun. In 1607, on the way

from Kabul to Lahore, he was again engaged in hunting in which nearly 40 red antelopes

were killed and a female panther was captured. A qamargah (ring hunting ground) was laid,

a little father, and about 300 animals were captured which were carefully counted

andrecorded.

His Memoirs, which devotes free space to the accounts of his testing expeditions, shows

that a full fledged hunting department (Diwan I – Shikari) was maintained, of course, at a

great cost, for the pleasure of the King, and every detail was meticulously recorded. It is

noted in the account of 1610 that he ordered the clerks of the Hunting Department to prepare

a list of animals which had been killed from the time of his leaving until re-entering the city,

and it was represented that 1362 animals and birds, including tigers, peacocks and surkhabs

had been killed in 56 day's time. The proof is available in Tuzuk-I-Jahagiri,113

113Tuzuk-I-Jahangiri, IV, New Year ,21 March1609


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"On the 20th I killed with a gun a tigress and a nilgai. There were two cubs with the tigress,

but they disappeared from view in consequence of the thickness of the jungle and the

number of trees. An order was given that they should search for and bring them. When I

reached the halting place, my son Khurram brought me one of the cubs, and the next day

Mahabat Khan caught the other and brought it. On the 22 nd, when I had got within shot of a

nilgai, suddenly a groom (jilauder) and two kahars (bearers) appeared, and the nilgai

escaped. In a great rage I ordered them to kill the groom on the spot, and to hamstring the

Kahars and mount them on asses and parade them through the camp, so that no one should

again have the audacity to do such a thing. After this I mounted a horse and continued

hunting with hawks and falcons, and came to the halting-place.

The day after the New Year's day, I mounted and started for a tiger-hunt. Two males and a

female were killed. On the 26 th of the same month I went and busied myself mostly with

hunting nilgai. As the air was hot and the (propitious) hour for re-entering Agra had nearly

arrived, I went to Rupbas, and turned antelope in that neighborhood for some days. I had

ordered the clerks of the hunting department to write out (a list of) all the animals that had

been killed from the time of my leaving until I re-entered the city. As this time they

represented that in 66 days, 1,362 animals, quaderupeds, and birds had been killed; the tigers

were 7 in number; nilgai, male and female, 70; black buck 51, does and mountain goats and

antelopes (rojh), etc., 82; kulang (cranes), peacocks, surkhab and other birds, 129; fish,

1023.

On Sunday, the 4th Shawwal, when near the end of the day, I engaged in a cheetah hunt. I

had determined that on this day the Thursday no animals should be killed and I would eat no

meat, on Sunday especially because of the respect my revered father had for that day in not

being inclined to eat flesh on it, and in forbidding the killing of many animals for the reason

that on the night of Sunday his own honoured birth had taken place. He used to say it was

better on that day that all animals should be free from the calamity of those of a butchery

disposition. Thursday is the day of my accession. On that day also I ordered that animals

should not be killed, so that whilst sporting I should not shoot an arrow or a gun at wild

animals.


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In hunting the cheetahs as Anup Ray, who is one of my close attendants, was heading the

men who were with him in the hunt at a little distance from me and came to a tree on which

some kites were sitting. When his sight fell on those kites he took a bow and some pointless

arrow (tukka) and went towards them. By chance in the neighborhood of that tree he saw a

half –eaten bullock. Near it a huge tiger got up out of a clump that was near and went off.

Though not more than two gharis of day remained, as he knew my liking for tiger-hunting,

he and some of those who were with him surrounded the tiger and sent someone to me to

give me the news. When it reached me I rode there at once in a state of excitement and at

full speed, and Baba Khurram, Ram Das, Itimad Ray, Hayat Khan and one or two others

went with me. On arriving I saw the tiger standing in the shade of a tree, and wished to fire

at him from horseback but found that my horse was unsteady, and dismounted and aimed

and fired my gun. As I was standing on a height and the tiger was below, I did not know

whether it had struck him or not. In a moment of excitement I fired the gun again, and I

think that this time I hit him. The tiger rose and charged, and wounding the chief huntsman,

who had a falcon on his wrist and happened to be in front of him, sat down again in his own

place. In this state of affairs, placing another gun on a tripod, I took him. Anup Ray stood

holding the rest, and had a sword in his belt and a baton (kutaka) in his hand. Baba Khurram

was a short distance off to my left, and Ram Das and other servants behind him. Kamal the

huntsman (qarawul) loaded the gun and placed it in my hand. When I was about to fire, the

tiger came roaring towards us and charged. I immediately fired. The ball passed through the

tiger's mouth and teeth. The noise of the gun made him very savage, and the servants who

had crowded together could not stand his charge and fell over one another, so that I, through

their pushing and shock, was moved a couple of paces from my place and fell down. In fact,

I am sure that two or three of them placed their feet on my chest and passed over me. Itimad

Ray and the huntsman Kamal assisting me, I stood up. At this moment the tiger made for

those who were on the left-hand side. Anup Ray let the rest slip out of his hand and turned

towards the tiger. The tiger, with the same activity with which he had charged, turned on

him, and he manfully faced him, and struck him twice with both hands on the head with the

stick he had in his hand. The tiger, opening his mouth, seized both of Anup Ray's arms with

it, and bit them so that his teeth passed through both, but the stick and her bracelets on his

arms were helpful, and did not allow his arms to be destroyed. From the attack and pushing

of the tiger, Anup Ray fell down between the tiger's forefeet, so that his head and face were


85

opposite the tiger's chest. At this moment Baba Khurram and Ram das came to the

assistance of Anup Ray. The prince struck the tiger on the loins with his sword, and Ram

Das also struck him with his sword, once on the shoulder blade. On the whole it was very

quick work, and Hayat Khan dealt the tiger several blows over the head with a stick he had

in his hand. Anup Ray with force dragged his arms out of the tiger's mouth and struck him

two or three times on the cheek with his first, and rolling over on his side stood up by the

force of his knees. At the time of withdrawing his arms were partly torn, and both his paws

passed over his shoulders. When he stood up, the tiger also stood up and wounded him on

the chest with his claws, so that those wounds troubled him for some days. As the ground

was uneven, they rolled over each other, holding on like two wrestlers. In the place where I

was standing, the ground was quite level. Anup Ray says that God Almighty gave him so

much intelligence that he bore the tiger over

deliberately to one side (in the original that side), and

that he knew no more. At this time the tiger left him

and was making off. He in that state of bewilderment

raised his sword and followed him and struck him

another blow on the face, so that severed by the

sword, fell over his eyes. In this state of affairs, a

lamp man of the name Salib, as it was time to light

the lamps, came in a hurry and by a blind chance

came across the tiger. The tiger struck him one blow

with his paw and knocked him down. To fall and give

up his life were the same thing. Other people came in

and finished the tiger's business." 114

Figure 3.5 Game of wolf running during Humayun's time

Source: http://www.historyspeaks.co.in/

114 Ibid.


86

Hunting in Mughal time was not only confined to the royal men. Nurjahan, Jahangir's

Empress was also a markswoman and enjoyed hunting as much as her husband. On the

occasion, she killed four tigers that came out of the bushes near the elephant carrying the

royal couple. The emperor gestured silently to Nur Jahan, telling her to dispatch two with

arrows and two with her guns. Nur Jahan quietly prepared two muzzle-loading guns and

placed them within easy reach on the howdah. Then she chooses two arrows, seized her

bow, took careful aim and loosened two arrows in quick succession. Two tigers fell to the

ground. Without passing for a moment, the empress picked up a gun and fired, dropping the

third tiger. The fourth fell with her final shot from the second gun. Jahangir was delighted.

'Such shooting has never been seen until now,' he exulted.

Figure 3.6 Emperor Babur hunting a tiger

http://www.historyspeaks.co.in/


87

Figure 3.7 Emperor Jahangir and wounded lioness

http://www.historyspeaks.co.in/

Figure 3.8 Emperor Shahjahan hunting lions http://www.historyspeaks.co.in/


88

In the succeeding British Period, the English were keenly aware that as royal beasts and

masters of the jungle, tigers had been closely associated historically with Indian rulers. They

emulated various Mughal emperors for whom tiger hunting was an element of kingship. But

more than emulation, tiger hunting was the symbol in the construction of British imperial

and masculine identities during the 19 th century – The British had great pretensions to

becoming successors to the Mughals during the19th century. Before they could attain such

power, however they had to outdo regional powers, such as Mysore's Tipu Sultan, who also

employed the tiger in his symbolic arsenal. Among other uses, the tiger or the tiger stripe

(babri) was used as decoration on his throne; on the uniforms of his soldiers; and on his

coins, flags, and arms. Here, then, the tiger has a different meaning than in the British

Mughal tiger hunts the British sought to emulate. The symbolic meaning of Tipu's Tiger was

the emblematical triumph over the British. Therefore by killing tigers the British were also

symbolically staging the defeat of Tipu Sultan and other Indian rulers who dared to get in

the way of Britain's imperial conquest of India.

Tigers also represented for the British all that was wild and untamed in the Indian natural

world. Thus, the curious late Victorian and Edwardian spectacle of British royals and other

dignitaries being photographed standing aside dead tiger carcasses depicted the staging

successful conquests of Indian nature by "virile imperialists".

British tiger hunting represented also its natural environment. British exerted control over

India's timber supply, among other natural resources, over the course of the 19 th century.

These efforts culminated in the promulgation of Forest Act of 1878, fenced the forest by

placing over one-fifth of the landmass of South Asia directly under British control, making

the Raj's forestry department not only the largest land manager in the Sub Continent but also

one of the largest forestry enterprises in the world. The law had major implications for

colonial hunting. Hunters were now required to hold permits to hunt in government forests.

Permits were rarely, if ever, granted to Indians and not even automatically to all British, this

system not only deepened racial divisions between British and Indians but also placed

considerable power over hunting in India after 1878 in the hands of forest department

officials. British hunted tigers largely with the aim of dominating India's natural

environment.


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3.6.2 The Fall of Mughal Empire and the Status of Environment

After the fall of the Mughals, India was divided into various smaller principalities and ruled

by weak rulers, who were unable to provide safety to the natives. Tigers were danger to the

Indian society as their presence often caused "the passage of the Ghauts [Public Baths] or

Public Roads [to] become…imminently dangerous to Travellers" (East India Company

Revenue letter June 1826). Tigers also inflicted "serious injury on industrious husbandmen"

and often destroyed their cattle and crops. British blamed Rajas, Zamindars, and other

landed elites, generally perceiving them as lazy and indolent, and took tiger hunting into

their hand for the protection of natives. They encouraged Indian hunters for killing tigers. To

destroy tigers, the Raj also offered financial rewards to hunters – Indians as well as

Europeans–who killed them.

While British hunted tigers to emulate the Mughals as well as to dominate India's natural

environment, the greatest attraction of the sport for many of these hunters was in association

with masculinity. Hunting for the Raj was central to the development of all-important

victorious trait of "character". For instance, Bengal Army Captain Henry Shakespear

pleaded with parents in the preface to his 1860-hunting memoir that they encourage their

sons to partake in big game hunting so as to keep them "out of a thousand temptations and

injurious pursuits". He argued that hunting was an "innocent, manly, and useful" activity

that would not only keep their sons "fit for their duty as soldiers" but would also prevent

from "taking to the game table, or to an excess of test firing, rioting…debauchery" and other

"frivolous pursuits or effeminate pleasures".

During the British rule, tigers were killed by the native for their safety, although the strategy

was primitive. A Madras judge reported a case in 1815 when over 700 villagers from his

district "formed a circle round a Tyger" and killed it by spreading it (East India Company

Report). Indian villagers also used traps involving nets, which were inefficient with chances

of tigers to escape. The most effective method by the natives was however the use of

poisoned arrows to kill tigers.

The British during the initial period before the advent of High-velocity hunting rifles


90

adopted the strategies either by waiting for it overnight in sometimes very uncomfortably

manchans constructed in tall trees, usually fifteen to twenty feet above the ground, or else to

beat for the animal during the middle of the day (when it wiould typically be asleep) while

riding elephants. During this latter type of hunt, several Indian beaters on foot would bang

drums, crush cymbals, and play other noisy or "discordant" instruments, as well as shoot

blanks from matchlocks, all to rouse a frustrated tiger at British hunters, who shoot at it from

a top oftheir elephants.

The above facts show that the Indian Penninsula suffered ecological loss due to destruction

of forests which resulting from the political instability that prevailed in the country for 9

centuries that elapse between the fall of Gupta Empire in the later years of 7th century and

the consolidation of Moghul Empire by Akbar about the close of the 16th century. From

environment conservation point of view, a remarkable contribution has been made by the

Mogul Emperors .They established royal gardens, monuments like Taj Mahal and

surrounding gardens and water fountains, fruit orchards, green lawns, central and provincial

headquarters, public places like hamams, on the river banks and dales which they used as

holidays resorts during summer seasons. The religious policy of Akbar bases on principle of

complete tolerance also reflects concern for protection for birds and beasts. He had also

taken measures to stop unnecessary killings of birds and animals.

3.7 Environmental Policies in British India

The invasion by the British and the establishment of their rule in India began a new era in

India. It was an era of plunder of natural resources. An East India company established

factories in India for trade purposes which later on converted into edifice of British Empire

in India. An analysis of the early days of the British Empire in India reveals that

environment protection was not important at that time. The actual need was felt only after

the raising of Industrial Revolution, in which exploitation of natural resources is started

taking place. The onslaught on forests was primarily due to the increasing demands for raw

material for industry, military purposes, Royal Navy. These economic policies of the East

India Company were resented by the Indians. Most of the gold, jewels, silver and silk had

been shipped off to Britain as tax and sometimes sold in open auctions, ridding India of its

once abundant wealth in precious stones. The Indian land under the British rule was


91

reorganized under the comparatively harsh Zamindari system to facilitate the collection of

taxes. In certain areas farmers were forced to switch from subsistence farming to

commercial crops such as indigo, jute, coffee and tea. It resulted in hardship to the farmers

and increases in food prices. Local industry, specifically the famous weavers of Bengal and

elsewhere, also suffered under British rule. Import tariffs were kept low, according to

traditional British free-market sentiments, and thus the Indian market was flooded with

cheap clothing from Britain. Indigenous industry simply could not compete, and where once

India had produced much of England's luxury cloth, the country was now reduced to

growing cotton which was shipped to Britain to be manufactured into clothing, which was

subsequently shipped back to India to be purchased by Indians. This extraordinary quantity

of wealth, much of it collected as 'taxes', was absolutely critical in expanding public and

private infrastructure in Britain and in financing British expansionism elsewhere in Asia and

Africa.

3.7.1 Legislative Measure to Protect the Environment

Supply of teak and sandal wood for export trade and extension of agriculture in order to

augment revenue process of state empowerment vis-a vis people on the question of control

over forest started only in 1806, when a commissions was appointed to enquire in to the

availability of teak-wood in Travancore and Malabar by way of appointment of Forest

Conservator, who actually plundered the forest wealth. In 1823, the post of Conservator of

Forest was abolished. Thus without any legal policy, Indian natural wealth had to suffer a

great deal till about the middle of the 19th century. In the middle of the nineteenth century

some steps were taken to protect the forest and the environment. The first step towards the

organized forest management was taken in 1864 with the appointment of First Inspector

General of Forests. With this the necessity of treating forests as state property was felt and

that gave rise to enact the new legislation as the Forest Act of 1865 ascertaining the state

monopoly right over the forests. This act was revised in 1878 and extended to most of the

territories under the British Rule. The customary rights of rural communities to manage

forest were curtailed by the same revised Act.

3.7.1.1 The Forest Policy of 1894


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The Forest Policy Statement of 1894 strengthened the position by enabling the state to

forcibly takeover all forests for conservation and public purposes. This policy divided the

forests in to following four categories on functional basis:

1. Forests, preservation of which was essential on climate or Physical grounds

2. Forests, which offered to supply of valuable timber for commercial purposes.

3. Minor forests which produced only inferior sorts of timber and

4. Pastures which were forest only for namesake.

Unfortunately, this policy was opposed both by rulers and public on the basis of political

issues. Moreover, this policy suffered from many deficiencies such as

1. Under the name of ‘Public Benefit’, the policy denied recognition to the legitimacy

of conventional conservation methods and washed off the rights of the people

residing in the forests for years together.

2. It allowed the unchecked diversion of forestland to agriculture and other uses

3. There were no mention of protection/preservation of wild life, private forests, forest

training and environmental education etc.115

3.7.1.2 The Forest Act, 1927

To correct these deficiencies of the Forest Policy of 1894, The Forest Act of 1927 was

enacted. This Act gave unlimited power to the British Government unlimited rights and

acquisition powers to take over the uncontrolled possession of forest land, private or village

forest and others common property through simple notification and without even making

any provision for compensation or equity .

The Indian Forest Act 1927 provided for setting up a department of forest by enacting

legislation for the same. The Bill to consolidate the law relating to forests and the transit of

forest produced was passed in 1927 and became the Central act.

The act includes XIII chapters containing 86 sections. It divides forest in to four categories:

1. Reserved Forest

2. Village Forests 115 See, Tilak, Amod S., Environmental Law, (2009) Snow white Publications Pvt. Ltd


93

3. Protected Forests

4. Non Government (Private ) forests.

Reserved forests assigned to a village community are called village forests. The state

government are empowered to designate protected forests and may prohibit the felling of

trees, quarrying and the removal of forest produce.

The Forest Act, 1927 is administered by Forest officers.

Under this Act, the onus to prove the guilt of an accused under sec. 26 lies on the State and

where the notification has not been proved in accordance with the law by the documentary

evidence as required by the Indian Evidence Act, 1872, the accused can be held liable to

punishment. In view of the provisions of Section 26 (1) (i), no person can carry on fishing

with the reserved forests without the permission of he Forest Officer or the State

Government. Thus the fish found in channel or a pond in the reserved forest is forest

produce.

Apart from the management of forests, attempts were made during the 19th century to

regulate water pollution, wild life and land use by legislating laws by British Government.

This Act was amended several times by the Amendment Acts in 1930, 1933, 1937,and then

in 1947.

The above mentioned laws however proved to be executed for narrow political purposed and

limited territorial boundaries.

3.7.2 Other Environment Related Laws

1 The Shore Nuisance (Bombay and Kolaba ) Act, 1853

This was the first Act in the field of Environmental protection in India, which was enacted

by the British for the British India. This Act was passed so as to regulate the waste materials

discharged in the coastal area of Bombay (now Mumbai) and Colaba area, from various

insustries functioning in these areas.

2 Oriental Gas Company Act, 1857


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It imposed restrictions on fouling of water by the Oriental Company

3. Indian Penal Code, 1860

Chapter XIV of the Indian Penal Code deals with public nuisance. It is undoubtedly an

offence affecting the public health, safety, convenience, decency and morals. It is directly

connected with environmental degradation.

Other provisions incidentally, include penalty against ‘mischief’ causing water pollution etc.

reducing the quality of the property.

4 . The North India Canal and Drainage Act, 1873

This Act was enacted to regulate the flow of canals for the purpose of irrigation as well as

for regulating the drainage system in the area. It provides legal mechanism for proper

discharge of the effluents from various industries in the locality.

5. Madras Elephant Preservation act, 1879

This Act was enacted by the province of Madras as the supporting legislation to the Forest

Act of 1878

6 Obstruction in Fairways act, 1881

Section 8 of the Act empowered the Central Government to make rules to regulate or

prohibit the throwing of rubbish in any fairway leading ro a port causing or likely to give

rise to a bank or shore.

7 Indian Easement Act, 1882

It guarantees beneficial enjoyment to the owner of a land free from air, water or noise

pollution, without disturbing the natural environment.

8 Criminal Procedure Code, 1898

Sections 133 to 144 in the Chapter XII of criminal Procedure under the heading Public

Nuisance provided for the punishment under criminal procedure for the commission of any

nuisance, which affected the public at large. The environmental degradation was also

included in it as any degradation of eh environment is automatically supposed to be

affecting the public at large.


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9 Indian Fisheries Act, 1897

Section 5 of this Act provides that if any person puts any poison, lime or noxious material

into any water with intent thereby to catchy or destroy any fish, he shall be punishable with

imprisonment which may extend to 2 years or fine which may extend to Rs. 200.

10 Bengal Nuisance act, 1905

It was first framed in 1905, for the abatement of nuisance arising from the smoke of furnaces

or fireplaces in the towns and suburbs of Kolkata and other areas in Bengal. This was one of

the first enactments for protecting air pollution in nature in India.

An independent Smoke Nuisances Commission had been set up to supervise and control the

working of the Act after it was notified.

11 Indian Ports Act, 1908

It has regulated water pollution caused by the use of oil or discharging of oil in the port

waters.

12 Bombay Smoke Nuisance Act, 1912.

This Act was enacted to control air pollution in the industrial area of Mumbai and Gujarat.

This Act was enacted on the lime of Bengal Smoke Nuisance Act, 1905

13 Wild Birds and Animals Protection Act of 1912.

This Act was enacted to protect wild birds and animal. The colonial state had established

wild life preservers in Kaziranga in 1926 and Hailey (Corbett) National Park in 1936.

14 The Poisons Act, 1919

This Act contains total 9 section out of which 3 sections deal with environment pollution.

Under of the act, powers Sections 2,3,4 powers were delegated to State Government to

regulate possession for sale of any poison, power to prohibit any importation of poison into

India, except license and provision for power to regulate possession of any poison in

certain, as the use of materials poisonous in trade and industries in likely to cause any

nuisance.


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15 Consolidation of Holding Act, 1920

It provides a land policy to protect land. Land was not properly utilized because of

inadequate water resource management during the British rule. This was the first step taken

towards reducing the gravity of this problem.

16 The Indian Boilers Act, 1923

This Act has in total 35 sections. The Act provides the appointment of Chief Inspector,

Deputy Chief Inspector and Inspector and simultaneously, provides registration and

certification of industrial unit in question. It also provides for revocation or alterations of

certificate or of boiler’s permission itself. Section 18 provides making of report of accident

and minor penalties. Section 27 A provides appointment of Central Boiler’s Boards on one

hand and penalty clauses for breach of trust. It is significant step towards environment

protection as it has covered a wider area and has conferred wider power to the authorities of

the enforcement machineries. It is in harmony with the precautionary Principle of

sustainable development.

A close analysis of Indian history reveals that in the concept of environment protection and

environment awareness were very strong in Indus vally civilization and ancient India. We

can identify the ancient Indian philosophy as the philosophy of ‘Ecospiritualism’.

During Mughal period environmental conservation did not receive more attention. The

Mughal emperors though were great lovers of nature and took delight in spending their spare

in the lap of environment, made no special attempts on forest conservation. They considered

forests as the sources of revenue.

During the British period, though laws like Indian Penal Code 1860, and several other

legislations like Forest Act were enacted. These enactments were very effective as far as the

provisions in the acts are concerned. But the major problem was the implementation of the

law. The law was implemented for earning more and more revenue and fiscal control over

native Indians by British empire rather than having simply punitive or deterrent nature.

Moreover, most of the time, the British themselves depleted the resources. The theories like

Sovereign Immunity always saved the Government from being sued in public offence.


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But it is equally true that the laws made by the British Government acted as a seed and

paved a way for the Indians to think and implement their own laws and new policies in this

field itself.

3.8 Environmental Policy in Post Independent India

In the early years of independence, the idea of environment protection and conservation did

not get much importance. There was not any environment policy in India. But it does not

mean that Environment remained a total neglected field. The steps for environment

protection were taken in the national planning and forest policy.

3.8.1 Legislative and Administrative Measures from 1950 to 1970

Many legislative and administrative measures were taken during the first two decades but

they focus little on the environment protection.

3.8.1.1 Five year Plans and Environmental Protection

The national planning process was started in 1951 in India. The first five year plan was

made for the period of 1951 to 1956 in the yearly there five year plans little concern was

seen for environment protection only forest developments & soil preservation were taken

care of. During these plans the policy was directed towards promotion of agricultural &

Industrialization & improvement of human environment. eg. sanitation, public health, water

supply and housing.

First Five year plan (1951-56)

The first five year plan put more emphasis on rehabilitation of forest areas which were

exploited either to meet the second world war needs or the forest destroyed at the time of

abolition of zamindari system. The policy asked the central board of forestay to provide

guidance to the central Govt. to formulate forest policy & to indicate the areas that ought to

be under the forest. This Board was constituted in 1950. The total plan outlay on forty was

9.7 crores (i.e. 0.49%of the total plan outlay) the feeling of trees was minimized besides,

man-made forests of economic species were raised over 52,000hactares.116

116 .Env.Pro.Law & policy India. First five year plan,planning commission,Govt. of India.(1952) at 296.


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The Second Five year plan

During this plan the programmes of consolidation of areas under forests continued.

Construction of forest roads and economic plantation received more emphasis. Plantation of

industrially and commercially valuable species was undertaken. The plantation of industrial

wood area was expanded to over 1,64,000 hectares forest resources were heavily utilized for

developments, value projects etc. Wildlife conservation was taken care of several wildlife

sanctuaries were established. Plan outlay on forest was increased to Rs. 19.3 crore.

The Third Five-year plan

It planned for meeting the long-term requirement of the country & reducing the gap between

demand and supply of forest produce. The main objectives of the plan were as follows:

To increase the output from the existing forest by using better technique of timber

extraction, improvement of communications, to grow more trees to meet industrial demands,

popularizing the use of less commonly known Indian timber, &large scale plantation of

industrial valuable spices. To serve this purpose the center had sponsored plantation of

“Qulck Growing” species & the states were encouraged to follow the scheme. A new

scheme ‘Pre-enviroment survey of forest-Resources’ was started in 1965 with a object to

investigate the availability of raw-materials in the possible industrial catchments area &

determine for forestry was Rs. 51.4 crore.

The important thing about the plan was the target of the schemes could not be achieved.

From these three five-year plans we can deduct that fifties marked a decade of introspection

both for the foresters & planners characterized by survey, demarcation & rehabilitation of

forests. The sixties emphasized on achieving self-sufficiency in industrial and commercial

viable timber & forest products.

3.8.1.2 The National Policy of Forest 1952

During the British rule great destruction of forests and environment was made. After

Independence the necessity was felt to improve the management of forests. To serve this

purpose the Indian Govt. adopted festival of three plantation in 1950. i.e. Van Mahotsava.

The purpose behind this was to create mass awareness about value of forest.


99

The old forest policy of 1894 was replaced by the New National forest policy in 1952. The

New policy of 1952 involved the following basic principles for proper forest management in

the country to maximize the benefits direct & indirect:

(1) Forest are valuable both in the physical field such as prevention of soil erosion,

conservation of moisture & in the economic field of development of agriculture industry

& communication.

(2) Clarification of forest according to their primary functions

(3) Regularization of uncontrolled & excursive grazing to ward off its ill effects on the

forests.

(4) Evaluation of a system of balanced & complementary land use to produce the most &

its deterioration the least.

(5) Discourage extension of arable land from the forests

The main objective of the policy were:

(a) Cover one third of total geographical area with forests, 60% in hilly regions & 20% in

the plains

(b) Functional classification of forest viz,

Protection forests

National forests

Village forests

(c) Guarding National Interest on top priority besis.

(d) Curbing indiscriminate extension of agruculture117

There was not much difference between the forest policy of 1984 & the forest policy of

1952. The 1952’s policy retained the concept of categories of forest – i.e. Reserved Forests,

Village forests etc.. It also maintained the state control over forests. These policy put more

emphasis on sustained supply of wood for industry and also subsidized the forest products to

industrial consumers, So we can say that 1952’s policy encouraged exploitation of forest

117 Forest Policy Resolution 1952 (New Delhi, Government of India (1952)


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produce & resources. So this policy was against the interest of general public and against

preservation & conservation of environment. A fresh look required into the policy of 1952.

3.8.2 Environmental Policy during 1070 to 1980

Until 1970 the legislative efforts were piecemeal and inadequate in the field of environment.

The central govt. had not enacted any specific laws with the purpose of protecting

environment. The seventies marked the transformation in Indian government’s policy from

environmental indifference to environmental concern. With this the era of environmental

awareness began in India.

3.8.2.1 The Fourth and Fifth Five Year Plans

Fourth Five Year Plan (1969-70-1973-74)

The fourth plan shows the concern for preservating the quantity of life & the environment

while undertaking the task of development. The plan had long-term perspective for

environment preservation. The plan drew pointed attention to environmental issues in the

following words:

“It is an obligation to each generation to maintain the productive capacity of land air water

and wildlife in a manner which leaves its successors some choices in creation of healthy

environment. The physical environment is a dynamic complex and interconnected system in

which any action in one part affects the other. There is also the interdependence of living

things & their relationship with land, air & water.

Planning for harmonious development recognizes the unity of nature and man such planning

is possible only on the basis of a comprehensive appraisal of environmental issues

particularly economic & ecological.

Along with effective conversation & national use of natural resources, protection &

improvement of human environment is vital for national well-being118. As regards the forest

development of forests, the 4th plan aimed at following three objectives:

(1) To increase the productivity of forests

118 Fourth Five year Plan 1969-74, Planning Commission, govt. of India, Chapter 2.


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(2) To link up forest development with various forest based industries:

(3) To develop forest as support to rural economy119

The object of the plan was to take measure to meet the immediate & long-term agricultural

and industrial requirement & to achieve self-sufficiency in forest products early as possible.

The Fifth Five Year Plan (1974-75-1978-79)

During this plan some concrete steps were taken for environment planning, Several

programmes were launched for improving the quality of life through environmental

deterioration of the proper link between development planning & environment management

are maintained, Under this plan a minimum needs program was launched which aimed at

improving & providing elementary education., rural health and sanitation, nutrition, drinking

water , provision of house, site, slum improvement, & rural education. All these are needed

to minimize environment pollution in rural area.

The major objectives in the fifth plan are:

(1) Creation of large-scale man-made forest through institutional financing.

For that state corporations were established for establishment and management of man-

made forest.

(2) To develop farm-forestry in improve degraded forests so as to increase fuel & timber

supply in rural areas.

(3) Wildlife protection was attended.

(4) Programmes for development of national parks, strengthening of research in endangered

animals and projects tiger plan were taken during this plan.

3.8.2.2 The Stockholm Declaration on Human Environment and Its Impact on India

This year 1972 marks a watershed in the history of environment management on India. Prior

to 1972 environmental issues were not dealt with seriously by the government. Environment

concerns such as sewage disposal sanitation & public health were dealt by different federal

119 Report of the National Commission on Agriculture. Plat IX, Forest ( Ministry of Agriculture & Irrigation, Government of India, New Delhi 1976) At-14.


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ministers, and each pursued these objectives in the absence of proper co-ordination system

at the federal or the inter government level.

The Stockholm Conference on Human Environment was held on June 14, 1972. 113

countries participated in this conference. A declaration was passed in the conference under

the head. “The Magna carta of our Environment ‘The Declaration contains 26 cardinal

principles casting obligations on the members of International community relating to

different aspects of natural resource management.

Late Mrs, Indira Gandhi our then prime Minister, attended the conference. SHe stated in her

address to the conference the “ environment problems are mostly due to lack if development

other than excessive development” The views expressed at then Stockholm conference

forms a core part of the basic environment philosophy of India that found expression in

various government policies & laws in subsequent years.

The Stockholm conference had brought the environmental awareness in world. India was not

left behind; Formerly our constitution did not contain any specific provision relating to

environment. But after the Stockholm conference 42nd Amendment in the Indian constitution

was made. Through this 42nd Amendment of 1976 environmental protection & improvement

were explicitly incorporated into our constitution. This environment concern found

expression in Article 48A & 51A (g) which were inserted by the 42nd Amendment Act 48(a)

this newly added directive principle of state policy declares.” The state shall endeavor the

protect and improve the environment and improve the environment and to safeguard the

forest & wildlife of the country.

A new chapter on Fundamental Duties was added, Article 51A(g) of this chapter imposes a

similar duty on citizens to protect and improve the natural environment including forests,

lakes, river and wildlife and to have compassion fir living creatures..” Thus during the

seventies the environmental policy in India has taken shape & it put emphasis with

conservation.

The Indian Government under the chairmanship of Pitamber Pant, member of the planning

commission set up Pitamber Punt Committee on Human Environment in 1972. The

committee was set up to prepare a report regarding India’s environmental position. The


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report was demanded from each member country by 24th General UN Assembly before the

convention of Stockholm conference, The committee suggested the nedd for establishing

greater coordination & integration in environmental policies & programmes.

In pursuance of the recommendations of Pitamber committee in February 1972, a National

committee on Environmental planning and Co-ordination (NCEPC) was set up in the

Department of Science and technology to plan and co-ordinate environment protection &

improvement. The NCEPC had done valuable work in a number of areas realted to

environmental planning,

3.8.2.3 Legislative Measures taken during the seventies

Following legal steps were taken during 70s.

In 1972 – Wildlife ( Protection) Act 1972 was enacted solely to protect wildlife , It is

a central legislation dealing not only with the hunting but also with the creation of protected

areas and the control of trade in wildlife products.

A centrally sponsored scheme ‘project Tiger’ was launched in 1973 to ensure

maintenance of a viable population of tiger in India.

In 1974 water (Prevention & Control of Pollution ) Act 1974, was enacted to control

water pollution. Under the act Central Board of Prevention and Control of Pollution was set

up with primary duties of setting standards, monitory & legal enforcement.

In 1977 Water ( Control of Pollution ) Cess Act was enacted.

The purpose of the Act was to give financial incentive to the industries following the

pollution control standards & to raise finances for the water pollution control boards.

Thus in the seventies concrete & legal steps were taken for the environmental protection in

India.


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3.8.3 Environmental Policy during the 1980 to 1990

The eighties marked with further concrete development in the field of environment

protection.

3.8.3.1 The Sixth and Seventh Five Years Plans

The Sixth Plan

The sixth five year plan frame work document as approved by the National Development

Council states, “It is imperative that we carefully husband our renewable resources of soil,

water, plant & animal life to sustain our economic development.”120 The objective of the

sixth plan was bringing about harmony between short & long term goals of development by

promoting the protection & improvement of ecological and environmental assets.121 A full

chapter on environment & development had been included in the sixth plan which dealt with

the problems of environmental degradation such as land use, fisheries, wildlife, energy &

human settlement.”122 The theme of the sixth plan was development without destruction.”

The Seventh Five-year Plan

The seventh plan stressed the need to manage the resource base in such a manner as to

enable sustainable development. So the basic theme of the 7th plan was “Sustainable

development in harmony with the environment”. Towards this end, it has been stressed that

all development programmes, in all sectors, should take environment considerations fully

into account.”123 The plan emphasized the need for resource conservation & to create public

awareness for that all the official & voluntary agent must work together & for involvement

of the population in this work at all levels. As regarding forest management, the 7th plan

envisaged, forest for survival, as its goal.

120 Sixth Five Year plan(1980-85), Planning Commission, Government of India at 34. 121 Ibid. Objective ix 122 Id. At 343-48. 123 The seventh five year plan: 1985-90, Planning Commission, Govt. of India(1984) at 385.


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3.8.3.2 The National Forest Policy of 1988

The National Forest Policy of 1952 failed in managing forests properly. It necessitated a

fresh look at it. So in 1988 a National Forest Policy was formulated with the objective of

ensuring environmental stability & maintenance of ecological balance.

The salient features of this new forest policy are:

I. Maintenance of environmental stability through preservation & restoration of the

ecological balance.

II. Conservation of the natural heritage of the country by preserving the remaining

natural forest and protecting the vast genetic resources to maintain biological

diversity.

III. Checking soil erosion & denudation in the catchment areas for soil and water

conservation irrigation floods, droughts & for the retardation of siltation of

reservoirs.

IV. Checking the extension of sand dunes in deserts areas and along coastal track.

V. Increasing forest cover through massive afforestation and social forestry

programmes.

VI. Meeting the basic requirement of the people such as fuel wood, fodder, and timber

for rural & tribal populations.

VII. Increasing the productivity of forest to meet essential national needs.

VIII. Encouraging efficient utilization of forest product & maximizing substitutions of

wood.

IX. Creating a massive people’s movement with involvement of women for achieving

these objectives & to minimize pressure on existing forests.124

The policy gave incentives to panchayats, local communities & individuals to participate in

a forestation, social forestry & farm forestry programmes. For this purpose in 1985, the

National Westland Development Boards (NWBD) were set up by the government. But they

failed to achieve people’s participation in a forestation programme. Then to increase

people’s participation joint Forest Management (JFM) programme was initiated. Forest

Protection Committees (FPC) were also set up with the same goal.

124 National forest policy 1988, Ministry of Environment & forests New Delhi.(1988)Para 2.1


106

Then the Forest (Conservation) Act of 1980 was also amended in 1988.

3.8.3.3 Institutional Measures Taken during eighties

i) The Tiwari Committee

The Indian Govt. constituted a High power committee under the chairmanship of the

planning commission, Mr. M.D. Tiwari in 1980; with the object of a fresh comprehensive

look at the administrative and legislative aspects of environmental protection. The

Committee submitted its report in Sept. 1980 in which it recommended need for some

administrative and legal measure for environment protection. It also stated the need for

creating a Department of Environment (DOE) at the center with its role in environmental

conservation in sustainable national development. The committee also recommended to

setup a central land commission to conserve nation’s ecological base.

Some of the recommendations of Tiwari committee were accepted by the central

Government.

The department of environment (DOE) was setup by Govt. of India on Nov.1,1980,

on the basis of recommendations of Tiwari Committee. It is an agency for environment

protection and ecological development in the country. It carrys out environmental appraisal

of development project. It has administrative responsibility for pollution monitoring &

regulation, conservation of critical ecosystems designed as Bio-sphere Reserves &

conservation of marine ecosystem.

On the recommendations of Tiwari committee , NCEPC was replaced by National

Committee on Environmental Planning (NCEP) in April 1981 with the functions similar to

its predecessor. The NCEP also functions for establishing a nation wide environmental

information and communication system to propogate environmental awareness through

mass media.

Some other organizations have been also setup during the 80’s which are as follows :

National Eco-Development Board.

Botanical Survey of India

Zoological Survey of India

National Museum of Natural History


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Central Board for Prevention &control of Pollution

National Ambient Air Quality Monitoring

National Remote Sensing Agency

Centre for Earth & Science Study

Environmental Information System(ENVIS)

Eco-Development Task Force of Ex-Serviceman

Indian National Man & Biosphere Committee(MAB)

Environmental Research Committee

Integrated Action Oriented Eco-Development Research Programme

Center of Excellence for Environmental Education

National Environmental Advisory Committee

Then in 1985, an Integrated Department of Environment Forest & Wildlife replaced the

Department of Environment. Two other agencies National Wasteland Development Board &

Central Ganga Authority were also established.

3.8.3.4 Legislative Measures During eighties

The process of environmental legislations had been started during the seventies, But the

laws passed during seventies have limited application. Water (Prevention & Control of

Pollution) Act 1974 deals with the problem of water pollution. So the regulating system

under this law was not comprehensive & it did not deal with other aspects of environment.

But in 80s environmental concern got priority & many comprehensive steps were taken for

environment protection. The important legislative measures taken during the eighties are as

follow.

In 1980 Forest (Conservation) Act was passed to strengthen forest management.

In May 1980 the Air (Prevention & Control of Pollution) Act came into force.

The Environment (Protection) Act 1986 was enacted.

It is a comprehensive legislation empowering the central Government to take all

necessary measures to protect to improve environment.

A new chapter regulating hazardous industrial process was introduced into the

Factories Act 1948.


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Amendments were made in Air (Prevention & Control of Pollution) Act & Water

(Prevention & Control of Pollution) Act in 1987 & 1988 respectively. The amendments

improve the enforcement mechanism by incorporating citizens’ suit, stringent penal

provisions & vesting of wide enforcement power in enforcement agencies.

The other important legislations of eighties are

The Motor Vehicles Amendment Act 1988.

Rules for the Manufacturer & Transport of Hazardous Substances for the

management of toxic waste were issued by the Central Govt.

Moreover the concept of Environment Impact Assessment has been introduced through

Environment (Protection) Act 1986. In the area of delegated legislation, effluent &

emissions standards were specified for 23 industries and general standards for effluent

discharge and for noise pollution have been prescribed under the Environment Act. 125

Seventy environmental laboratories were established across the country for the analysis of

water and air samples.

Thus the eighties can be characterized as a decade with stronger policies, expansion of

administrative agencies and enactment of fresh legislation which guided on country into an

era of comprehensive regulation.

3.8.4 The Environmental Policies during Nineties

The Environmental policy of 90s is reflected in the 8th five-year plan, the policy formulation

of the Ministry of Environment & Forests & the legislation passed during the decade.

3.8.4.1 The Eighth and Ninth Five Year Plans

The Eight Five-year Plans (1992-97)

In Chapter 4 on ‘Environment & Forests’ the 8th plan identifies 8 major task to meet the

challenge of environmental degradation, they are:

1. To protect the natural environment.’

2. To regenerate & restore degraded ecosystems & increase their productivity and to

generate employment through these activities.

125 The Environment (Protection) rules 1986 Schedules I, II & III


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3. To decentralize control over nature & natural resources.

4. To develop and share and understanding of nature on natural processes.

5. To formulate a national policy for environment & an appropriate institutional and legal

framework in support of the policy.

6. To ensure co-coordinated & integrated governmental action aimed at conserving nature

and sustainable use of natural resources.

7. To make individuals and institutions more accountable to the people for their actions

impinging on environment & ecosystem.

8. To monitor the state of environment.126

To ensure the protection of natural environment, the plan suggests preventive & regulatory

strategies. The plan also put stress on raising of public awareness to environmental issues.

The plan calls for the necessity of statutory environmental impact assessment of all projects

and activities before their implementation.

The plan also emphasized following issues:

Conversion of Ganga Action plan into proposed National River Action Plan.

Financial assistance for establishment of common effluent treatment plants by small

and medium industries.

Decentralization of control over natural resources through creation of appropriate

local bodies & institutional structure.

Policy Statement for Abetment of Pollution & National Conservation strategy &

Policy Statement on Environment & Development were released by the ministry of

environment and forest in February & June 1992, respectively.

3.8.4.2 The Policy Statement for Abatement of Pollution 1992

The main objective of the policy statement is to integrate environmental considerations into

decisions – making at all levels.127 The policy emphasizes prevention of pollution at sources,

polluter pay principle & involvement of the public in decision-making.128

126 The eighth five-year plan. (1992-97), Planning Commission, Govt. of India(1992) at 92. 127 Policy statement for abetment of Pollution, Ministry of Environment and forests, New Delhi (1992) Para-3.3 128 Ibid


110

The National Conservation Strategy & Policy Statement on Environment and Development

1992

This policy statement has been prepared and adopted by the central Govt. in June 1992. The

preamble of the policy put stress on the nexus between development and environment &

says. “The survival & well-being of a nation depend on sustainable development.129

An agenda for action as provided in the policy statement includes the following.

(a) To ensure sustainable and equitable use of resources for meeting the basic needs of the

present & future generations without causing damage to the environment.

(b) To prevent and control future deterioration of our life support systems.

(c) To take steps for restoration of ecologically degraded areas and for environmental

improvement in our rural and urban settlements.

(d) To ensure that development projects are correctly cited with least adverse environment

consequences.

(e) Conservation and protection of coastal areas and marine eco-systems.

The instrument for action is set in the agenda for achieving proposed actions. They include

the following.

Environmental impact assessment of all development projects right from the planning stage

and integrating it with their cost-benefit considerations.

(a) Compulsory prior environment clearance of all projects above a certain size & proposed

to be constructed in ecologically sensitive areas.

(b) Incorporation in policies, planning, site selection, choice of technology and

implementation of development projects like agriculture, water resource development,

industry, mineral extraction & processing, energy forestry, transport & human

settlements of environmental safeguards and protection measures.

(c) To encourage research development and adoption of environmentally compatible

technologies, and to promote application of the modern tool of science & technology for

129 The national conservation strategy & policy statement on environment & development, ministry of environment & forests, Govt. of India(1992).


111

conservation, bridging of large gaps in supply and demand as well as control and

monitoring of natural resources.

(d) To encourage public participation in environmental improvement programmes and for

integrating the environment concerns in planning & implementation of development

programmes.

(e) To create environmental consciousness through education and mass programmes.

(f) To aim at moderation of process of demand unleashed by the development process itself

by taking measures to recycles waste materials and natural resources, conserve energy,

conserve use of natural resources in industrial products by measures like wood

substitution & generally to reach moderations in life-styles consistent with sustainability

& human dignity.

(g) To develop appropriate organizational structures pool of professional manpower to serve

as the cadre for environmental management service &

(h) To effectively improvement the various environmental laws and regulations for

environmental protection through creation or strengthening of requisite enforcement

machinery.130

Thus the policy statement points out the strategies for actions in different field.

3.8.4 .3 Administrative Actions Taken during Nineties

Following important, administrative measures have been taken during nineties.

Eco-task force has been constituted to work in environmentally degraded areas.

14 states have started joint forest management programmes.

The National Forestry Action Plan (NFAP) has become operational from July 1993.

Wildlife Action Programme has been started.

The preparation of Tiger Action Plan & formulation of a Global Tiger Forum (GTF)

have been initiated.

The Project Elephant has been launched in 1991-92.

A steering committee on Project Elephant was constituted in October, 1992.

130 Ibid.


112

The Central Zoo Authority has been established by the ministry after the amendment

of the Wild Life(Protection) Act, 1972 in 1991 to monitor and co-ordinate management of

zoos in the country.

Stage government have been advised by the central Govt. to constitute State

Advisory Boards in order to implement effectively the Prevention of Cruelty to Animal Act,

1960.

All India Soil & Land Survey Organization are regularly conducted to restrict soil-

degradation.

Watershed Management Projects in catchments were is taken care of by the National

Wasteland Development Board.

Environment impact assessment reports are made mandatory for 29 industries.

For management of Hazardous Substances. ‘Safety Audit in major Accident Hazard

Units has been made mandatory with amendments to manufacture, storage & import of

Hazardous Chemical Rules, 1989.

National Waste Management Council has been reconstituted in Oct. 1992, to regulate

solid waste management.

Thus the Government has conducted various research programmes for environmental

protection.

Legislative Actions taken during the Nineties.

In 1991, the public Liability Insurance Act has been enacted whereby public liability

insurance cover has been made mandatory for all hazardous chemical industries.

The Act was amended in March 1991. It stipulates compulsory payment of

compensation to victims of industries manufacturing or using hazardous chemicals in case

of an accident.

Water ( Prevention & Control of Pollution) Cess Act has been amended in 1991.

In delegation of power, . The Rules under Water and Air Act have been amended.

From April 22, 1993 environment audit has been made compulsory for all industries

requiring environment clearance under the Water Act, 1974, Air Act 1981, or authorization

under the Hazardous Wastes (Management & Handling) Rules 1989.

The Companies Act of 1956 have been amended to include a statement on

environment in the annual reports of the companies.

The Forest (Conservation) Rules 1981 have been amended.


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A notification consolidating all environmental standards including general effluent,

emission & noise standards has been issued under the Environment (Protection) Act, 1986.

This notification also includes standards for wastewater generation in report of “Categories

of Industries”.

Draft Rules for Handling & Management of Biomedical Wastes have been prepared

under the EPA 1986 & have been circulated to the concerned department for comments.

3.8.5 Environmental Policy during 2000 to 2011

During this period the legislature takes some concrete steps on the instruction of the

judiciary. It marked a mature approach of the legislature as well executive for the cause of

environment protection.

3.8.5.1 The Tenth and Eleventh Five year Plans

Tenth Five-Year Plan, 2002–2007

The focus of the tenth plan was on following issues:

Attain 8% GDP growth per year.

Reduction of poverty ratio by 5 percentage points by 2007.

Providing gainful and high-quality employment at least to the addition to the labour

force;

All children in India in school by 2003; all children to complete 5 years of schooling .

Reduction in gender gaps in literacy and wage rates by at least 50% by 2007;

Reduction in the decadal rate of population growth between 2001 and 2011 to 16.2%;

Increase in Literacy Rates to 75 per cent within the Tenth Plan period (2002 to 2007).

Eleventh Five-Year Plan, 2007–2012

The eleventh plan has the following objectives:

1. Income & Poverty


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Accelerate GDP growth from 8% to 10% and then maintain at 10% in the 12th Plan

in order to double per capita income by 2016-17

Increase agricultural GDP growth rate to 4% per year to ensure a broader spread of

benefits

Create 70 million new work opportunities.

Reduce educated unemployment to below 5%.

Raise real wage rate of unskilled workers by 20 percent.

Reduce the headcount ratio of consumption poverty by 10 percentage points.

2. Education

Reduce dropout rates of children from elementary school from 52.2% in 2003-04 to

20% by 2011-12

Develop minimum standards of educational attainment in elementary school, and by

regular testing monitor effectiveness of education to ensure quality

Increase literacy rate for persons of age 7 years or above to 85%

Lower gender gap in literacy to 10 percentage point

Increase the percentage of each cohort going to higher education from the present

10% to 15% by the end of the plan

3. Health

Reduce infant mortality rate to 28 and maternal mortality ratio to 1 per 1000 live

births

Reduce Total Fertility Rate to 2.1

Provide clean drinking water for all by 2009 and ensure that there are no slip-backs

Reduce malnutrition among children of age group 0-3 to half its present level

Reduce anemia among women and girls by 50% by the end of the plan

4. Women and Children

Raise the sex ratio for age group 0-6 to 935 by 2011-12 and to 950 by 2016-17

Ensure that at least 33 percent of the direct and indirect beneficiaries of all

government schemes are women and girl children

Ensure that all children enjoy a safe childhood, without any compulsion to work

5. Infrastructure

Ensure electricity connection to all villages and BPL households by 2009 and round-

the-clock power.


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Ensure all-weather road connection to all habitation with population 1000 and above

(500 in hilly and tribal areas) by 2009, and ensure coverage of all significant

habitation by 2015

Connect every village by telephone by November 2007 and provide broadband

connectivity to all villages by 2012

Provide homestead sites to all by 2012 and step up the pace of house construction for

rural poor to cover all the poor by 2016-17

6. Environment

Increase forest and tree cover by 5 percentage points.

Attain WHO standards of air quality in all major cities by 2011-12.

Treat all urban waste water by 2011-12 to clean river waters.

Increase energy efficiency by 20 percentage points by 2016-17.

3.8.5.2 Legislative Measures During 2000 to 2011

Ozone Depleting Substances (Regulation and Control) Rules, 2000

Ministry of Environment and Forest vide its notification dated. 17th July, 2000 under the

section of 6, 8 and 25 of the Environment (Protection) Act, 1986 has notified rules for

regulation/ control of Ozone Depleting Substances (ODS) under Montreal Protocol. As per

the notification certain control and regulation has been imposed on manufacturing, import,

export, and use of these compounds.

Organizations as per provisions of notification shall is phase out all equipment, which uses

these substances, and is aiming at CFC free organization in near future.

The Biological Diversity Act, 2002

The Ministry of Environment and Forests has enacted the Biological Diversity Act, 2002

under the United Nations Convention on Biological Diversity signed at Rio de Janeiro on

the 5th day of June, 1992 of which India is also a party. This Act is to “provide for the

conservation of biological diversity, sustainable use of its components, and fair and

equitable sharing of the benefits arising out of the sued of biological resources, knowledge

and for matters connected therewith or incidental thereto.” As per the provision of act

certain areas, which are rich in biodiversity and encompasses unique and representative

ecosystems are identified and designated as biosphere reserve to facilitate its conservation.


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All restrictions applicable to protected areas like National Park & Sanctuaries are also

applicable to these reserves. SJVNL abides by the provision of act wherever applicable and

try avoiding these biosphere reserves while finalising the project infrastructure locations.

Hazardous Wastes (Management and Handling) Amendment Rules, 2003

These Rules classify used mineral oil as hazardous waste under the Hazardous Waste

(Management & Handling) Rules, 2003 that requires proper handling and disposal.

Organisation will seek authorisation for disposal of hazardous waste from concerned State

Pollution Control Boards (SPCB) as and when required.

The Batteries (Management and Handling) Rules 2001

These rules are applicable to every manufacturer, importer, re-conditioner, assembler,

dealer, recycler, auctioneer, consumer and bulk consumer involved in manufacture,

processing, sale,purchase and use of batteries or component thereof.

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and regulation of

Trade and Commerce, production, supply and Distribution) Act 2003

The Chemical Weapons Convention Act, 2002

The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights)

Act, 2006

An Act to recognize and vest the forest rights and occupation in forest land in forest

dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in

such forests for generations but whose rights could not be recorded; to provide for a

framework for recording the forest rights so vested and the nature of evidence required for

such recognition and vesting in respect of forest land.

The National Green Tribunal Act, 2010

The National Green Tribunal Act 2010 was approved by the President of India on June 2,

2010. It provides for establishment of National Green Tribunal- a special fast-track court for

speedy disposal of environment-related civil cases.


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The main Bench of the tribunal will be set up in Bhopal. The Tribunal would have four

circuit Benches. It would deal with all environmental laws on air and water pollution, the

Environment Protection Act, the Forest Conservation Act and the Biodiversity Act. The

Tribunal members would be chosen by a committee. A National Environment Protection

Authority is also to be established shortly to monitor the implementation of environment

laws.

With this effort, India would join Australia and New Zealand, which have such specialized

environment tribunals.

3.8.5.3 The National Environmental Policy, 2006

The National Environment Policy is intended to be a guide to action: in regulatory reform,

programmes and projects for environmental conservation; and review and enactment of

legislation, by agencies of the Central, State, and Local Governments. The dominant theme

of this policy is that while conservation of environmental resources is necessary to secure

livelihoods and well-being of all, the most secure basis for conservation is to ensure that

people dependent on particular resources obtain better livelihoods from the fact of

conservation, than from degradation of the resource. The policy also seeks to stimulate

partnerships of different stakeholders, i.e. public agencies, local communities, academic and

scientific institutions, the investment community, and international development partners, in

harnessing their respective resources and strengths for environmental management.

3.9 Conclusion

The reverence for nature is imbibed in the cultural tradition of India. Form Bonze age to

present India, nature worship is a common practice .But with the scientific and industrial

development the need for environment protection has become an acute. The invasions of

various tribes and people have left their impact on the environment and resources of India.

to meet the new challenges and protect and preserve the environment, number of laws have

been enacted in India. Indian judiciary has also performed a stellar role in environment

protection. The next chapter discusses the role of judiciary in development of environmental

jurisprudence in India.

11-4.2011 fulland final - copy -...

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