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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)
Thesis submitted for the award of the degree of Doctor in Philosophy in law by Madhuri Parikh
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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
Thesis submitted for the award of the degree of Doctor in Philosophy in law by Madhuri Parikh
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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
Thesis submitted for the award of the degree of Doctor in Philosophy in law by Madhuri Parikh
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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.
Thesis submitted for the award of the degree of Doctor in Philosophy in law by Madhuri Parikh
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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
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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.
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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
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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?
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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/
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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/
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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
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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
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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
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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.
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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
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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
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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).
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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.
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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.
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