Environmental Legislations, Laws and Acts in India

Presented by Joy H Jones

Timeline Classification

• Pre Independence period to 1947• From Independence to Stockholm

conference(1947-1972)• From the Stockholm Conference to Bopal

Disaster• Bhopal Tragedy to Present

Timeline Classification ..contd

• In the first two periods, there were no major legislations relating to environmental protection.

• Under British rule the legislations were made primarily to exploit India’s natural resources.

• After the great Indian revolt, British crown took direct control over India and started enacting laws to rule the country. The major law they put forth was Indian Penal Code.

• The major law to protect environment was included in Indian penal code 1860.

Policy Periods after Independence• After Independence, the Stockholm Conference on

Environment and Development exerted greater influence on environmental policy making leading to an amendment of the constitution, passage of important legislations such as the Water (Prevention and control of Pollution) Act, 1974 and the air (Prevention and control of Pollution) Act 1981 and creation of institutions such as central and state pollution control boards for implementing the provisions of the acts.

• The Bhopal gas tragedy in 1984 triggered the passage of comprehensive environment legislation in 1986 and Public liability insurance act in 1991

Pre Independence period

• In 1860, for the first time, an attempt was made to control especially water and atmospheric pollution through criminal sanctions under the Indian Penal Code, 1860

Pre Independence period• The indian penal code 1860 enacted during the british rule rule contains one

chapter (Chapter XIV) on offences affecting public health, safety convenience decency and morals.

• Section 277 lays down that , whoevcer voluntarily corrupts or fouls the water of any public spring or reservoir , so as to render it less fit for the purpose for which it is ordinarily used shall be punished with imprisonment for a term which may extent to 3 months or with a fine which may extent to Rs 500/- or with both.

• Section 278 lays down that whoever voluntarily vitiates the atmosphere so as to make it noxious to the health of the persons in dwelling or carrying on business in the neighbour hood or passing along a public way shall be punished with fine which may extend to Rs 500/-

• Section 284, section 285, section 286 dseal with negligent conduc t with respect to poisonous substances combustable matter and explosive substances.

• Section 428 and 429 cover mischeif to animals

Other Acts during pre-independence period

• The shore nuisance act (Bombay- Kalova) Act, 1893 was enacted to check marine water pollution.

• The Oriental Gas company act 1912 was passed to check smoke nuisance in Bombay area.

• For preservation of forests, the cattle Tresspass Act 1871 and Indian Forest Act 1927 were passed.

• The Indian Easement Act of 1882 guaranteed property rights of riparian owners against “unreasonable” pollution by upstream users.

• Thus, the environmental policy during the British rule was not directed at the conservation of nature but rather was directed at the appropriation and exploitation of common resources with a primary objective of earning revenue. Neither were there effective laws for the protection of environment. Further, these laws had a narrow scope and limited territorial reach.

From Independence to the Stockholm Conference 1947-1972

• The post-independence era, until 1970, did not see much legislative activity in the filed of environmental protection. Two early post independence laws touched on water pollution. The Factories Act of 1948 required all factories to make effective arrangements for waste disposal and empowered State Governments to frame rules implementing this directive. Under the River Boards Act of 1956, river boards established are empowered to prevent water pollution of inter-state rivers. To prevent cruelty to animals, the Prevention of Cruelty of Animals Act was framed in 1960

• Directive Principle of State Policy– Article 48 A: “The State shall endeavour to protect and improve the

environment and to safeguard the forests and wildlife of the country”.• Article 253 enables Parliament to make laws for implementation

of international treaties, conventions or decisions taken at international conferences.

• Article 21: “No person shall be deprived of his right to life and personal liberty except according to procedure established by law”.

• The Supreme Court and High Courts have held that the right to a wholesome environment is a part of the right to life guaranteed under Article 21 of COI.

• Parts• The individual Articles of the Constitution are

grouped together into the following Parts:• Preamble[21]

• with the words "socialist" and "secular" added to it in 1976 by the 42nd constitutional amendment .[22][23]

• Part I[24] – Union and its Territory• Part II[25] – Citizenship.• Part III – Fundamental Rights• Part IV[26] – Directive Principles of State Policy• Part IVA – Fundamental Duties• Part V[27] – The Union• Part VI[28] – The States• Part VII[29] – States in the B part of the First

schedule (repealed)• Part VIII[30] – The Union Territories• Part IX[31] – The Panchayats• Part IXA[32] – The Municipalities• Part IXB – The Co-operative Societies.[33]

• Part X – The scheduled and Tribal Areas• Part XI – Relations between the Union and the States• Part XII – Finance, Property, Contracts and Suits• Part XIII – Trade and Commerce within the territory

of India• Part XIV – Services Under the Union, the States• Part XIVA – Tribunals• Part XV – Elections• Part XVI – Special Provisions Relating to certain

Classes• Part XVII – Languages• Part XVIII – Emergency Provisions• Part XIX – Miscellaneous• Part XX – Amendment of the Constitution• Part XXI – Temporary, Transitional and Special

Provisions• Part XXII – Short title, date of commencement,

Authoritative text in Hindi and Repeals.

• Schedules• Schedules are lists in the Constitution that categorise and

tabulate bureaucratic activity and policy of the Government.• First Schedule (Articles 1 and 4) - This lists the states and

territories of India, lists any changes to their borders and the laws used to make that change.

• Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)- – This lists the salaries of officials holding public office, judges, andComptroller and Auditor General of India.

• Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges.

• Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.

• Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas[Note 5] and Scheduled Tribes[Note 6] (areas and tribes needing special protection due to disadvantageous conditions).

• Sixth Schedule (Articles 244(2) and 275(1))— Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

• Seventh Schedule (Article 246) —The union (central government), state, and concurrent lists of responsibilities.

• Eighth Schedule (Articles 344(1) and 351)—The official languages.

• Ninth Schedule (Article 31-B) – Validation of certain Acts and

Regulations.[34]

• Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.

• Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government),

• Twelfth Schedule (Article 243-W) — Municipalities (urban local government).

• Appendices• Appendix I—The Constitution (Application to Jammu and

Kashmir) Order, 1954.• Appendix II— Re-statement, with reference to the present

text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir.

• Appendix III—Extracts from the Constitution (Forty-fourth Amendment) Act, 1978.

• Appendix IV—The Constitution (Eighty-sixth Amendment) Act, 2002.

• Appendix V— The Constitution (Eighty-eighth Amendment) Act, 2003.

From Independence to the Stockholm Conference 1947-1972

Some important legislations relating to environmental protection enacted by the parliament during the period were:

• The Factories Act, 1948• The Prevention of Food Adulteration Act, 1954.• The River Boards Act, 1956• The mines and minerals (Regulation and Development) Act,

1957• The ancient monuments and archaeological sites and remains

act 1958.• The Atomic energy Act, 1962.• The Insecticides Act, 1968

From Independence to the Stockholm Conference 1947-1972

• The Factories Act, 1948 provides that the liquid effluents, gases and fumes generated during a manufacturing process should be treated before their final disposal to minimize the adverse effects.

• The river boards act 1956, the act provides for the creation of river boards for regulation and development of Inter – State rivers and river valleys. One of the function s of the board is to advise to the government concerned on “prevention of pollution of the water in the inter state rivers”

Stockholm Declaration of 1972

• It was the Stockholm Declaration of 1972 which turned the attention of the Indian Government to the boarder perspective of environmental protection. The government made its stand well known through five year plans as well as the legislations enacted subsequently to curb and control environmental pollution.

Stockholm Conference to the Bhopal Disaster 1972-1984

• The UN Conference held on Human Environment held in Stockholm in 1972 exerted major influence on environmental legislations in India.

• A National Committee on environmental planning and Co-ordiantion (NCEPC) was set up in the Department of science and Technology in 1972 to make necessary preparations for the conference.

• The Government of India took a number of steps to implement the decisions taken at the Conference by means of amendments to the constitution, new legislations relating to environmental protection and creation of institutions for implementing the legislations

• Wild Life (Protection) Act 1972– This Act was enacted under the provisions of article

252 to prevent the decline of wild animals and birds.– It prohibits the poaching of certain animals except for

the purpose of education or scientific research– In respect of certain wild animals, license is made a

pre requisite for their hunting– It provides that a state government may declare any

area to be a sanctuary or as a national park if it considers that such area is of adequate ecological, faunal, floral, geo-morphological, natural or zoological significance for protecting, propagating or developing wild life or its environment

• The Water (Prevention and Control of pollution ) Act, 1974– The first important environmental law enacted by parliament is the Water

(Prevention and Control of pollution) Act, 1974. – The objectives of the Water (Prevention and Control of pollution) Act are

to provide for the prevention and control of the water pollution and the maintenance or restoration of the wholesomeness of water for the establishment, with a view to carrying out the purposes of aforesaid, of boats for the prevention and control of water pollution, for conferring on and assigning to such boards powers and functions relating thereto and for matters connected therewith

– This act paved the way for the creation of central pollution control Board (CPCB) and State Pollution Control Boards(SPCB)

– The main function of the CPCB “shall be to promote cleanliness of streets and wells in different areas of states”

– The terms stream includes river, watercourse, inland water, subterranean water and sea or tidal waters to such extent or such point a state government may specialize in this behalf

• THE FOREST (CONSERVATION) ACT, 1980– This Act provides for the conservation of forests and

regulating diversion of forestlands for non-forestry purposes.

– When projects falls within forestlands, prior clearance is required from relevant authorities under the Forest (Conservation) Act, 1980.

– State governments cannot de-reserve any forestland or authorise its use for any non-forest purposes without approval from the Central government.

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981

• The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

• Decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, includes, the preservatin of the quality of air and control of air pollution.

• Therefore it is considered necessary to implement the decisions foresaid in so far as they relate to the preservatin of the quality of air and control of air pollution.

• The Tiwari Committee, 1980– The Government of India set up a committee in January

1980, under the chairmanship of N.D. Tiwari, then Deputy chairman of the Planning Commission, to review the existing environmental legislation and to recommend legislative measures and administrative machinery for environmental protection.

– This committee stressed the need for the proper management of the countries natural resources of land, forest, and water in order to conserve the nations ecological base.

After Bhopal Tragedy, 1984 to present

• The Bhopal gas tragedy and the difficulties faced in claiming compensatins from the company and disbursing compensations to the victims necessitated the need for a comprehensive environmental legislations, rules related to storing, handling and use of hazardous wastes and a law to provide immediate compensations to the victims of Industrial accidents.

• The declaration reached at the UN Conference on Environment and Development held at Rio De Janeiro in 1992 as well as the shift in economic policy led the Government of India to re-examine the command and control type of regulatory regime for environmental protection and to explore the feasibility of combining regulatory instruments along with economic instruments for controlling environment pollution

• The Environment (Protection) Act, 1986 – This act was enacted in the aftermath of the

Bhopal gas Tragedy in 1984 claiming more than 3000 lives.

– is a landmark legislation which provides for single focus in the country for protection of environment and aims at plugging the loopholes in existing legislation as an Umbrella legislation. It provides mainly for pollution control, with stringent penalties for violations.

• The National Environmental Tribunal Act 1995– The aim of the act is to provide for strict liability for damages

arising out of any accident occuring while handling any hazardous substance and for the establishment of a national environment tribunal for effective and expeditious disposal of cases arising from such accident, with a view to giving relief and compensation or damages to persons, property and the environment and for matters connected therewith or incidental thereto.

– It cites the decision reached at the UN Conference on Environment and Development held at Rio de Janerio in June 1992 which called upon the countries to develop national laws regarding liability and compensation for the victims of pollutin and other environmental damages

• Policy Statement for Abatement of Pollution, 1992.– The policy Statement for abatement of pollution issued by the

ministry of environment and Forests (MOEF) in February 1992 identifies the environmental problems and admits that the ‘state of the environment continues to deteriorate’.

– It favours a mix of instrument in the form of legislation and regulation, fiscal incentives, voluntary agreements, educational programmes and information campaigns.

– It recommends the polluter pays principle, involvement of the public in decision making and new approaches for considering market choices ‘to give industries and consumers clear signals about the cost of using environmental and natural resources’.

• Ozone depleting substances (Regulation and Control) Rules 2000– MoEF vide its notification dt. 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.

– Organisations as per provisions of notification shall phase out all equipment, which uses these substances, and is aiming at CFC free organisation in near furure.

• The Biological Diversity Act, 2002– The Ministry of Environment and Forests has enacted the

Biological Diversity signed at Rio de Janeiro on the 5 th day of June, 1992 of which India is also a party.

– This act is to “provide for the conservation of biological diversity and encompasses unique and representative ecosystems are identified and designated as biosphere reserve to facilitate its conservation.

– 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.

• Hazardous Wastes (Management and Handling) amendment Rules– These rules classify used mineral oil as Hazardous

waste under the Hazardous waste (Management and 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.

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