Environmental laws in india

Either Stable burning in various states accrued the air pollution in Delhi and created a gas chamber around NCR ; SC came upon a committee to observe scenario , Or 4 industries inflicting stream pollution were shut down by Maharashtra pollution board . Everybody has responsive to environmental problems as higher than . The key solution for resilience to environmental issues are provided by government in various legislations , enactments and provisions on environment laws .

In republic of India environmental law is concern with the policy and law for protection of the environment . It aims for achieving carbon free economy through taking measures for reducing climate change. All the acts under this laws are safeguards in ensuring effective management of the environment and its multiple ecosystems . It provides for preventing environmental damage .

Natural resources in the earth were unscathed from millions of years. It were remain pure until the industrialized started . After the industrialization this resources have been exploited in Spain of 100 years only . From 19th century, the environment (air , water and land ) is directly exploited by rapidly growing population at alarming-rates.

environment includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, microorganisms and property , as mentioned in section 2 of environmental protection Act of 1986 . Environment is a wide sphere , it consists of social, economically , political , religious dimensions .

Addressed area of environmental laws in India :

1. Quality of water : For the prevention and control of water pollution and to maintain or restore wholesomeness of water in the country the water act of 1974 was enacted. It further provides for the establishment of Boards ( CPCB and SPCB ) for the prevention and control of water pollution with a view to carry out the aforesaid purposes. This act prohibits the discharge of pollutants into water bodies beyond a given standard, it also lays down fine and penalties for non-compliance.

2. Reduction of air pollution and maintaining air quality : The Air (Prevention and Control of Pollution) Act, 1981 (the “Air Act”) is an act to provide for the prevention , protection and abatement of air pollution .It provides for establishment of Boards at the Central and State levels with a view to carrying out the aforesaid purposes.

3. Hazardous Waste management : legislations that directly or indirectly deal with hazardous waste management are the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment Tribunal Act, 1995 and rules and notifications under the Environmental Act.

4. Containment cleanup, damage mitigation : preventing future damage to the environment is undeniably the primary objective of environmental law, mitigating and reducing existing damage is also important. This area most often deals with issues like toxic leaks and oil spills. The central objective of this branch of environmental law is deciding liability, planning an appropriate response, and also determining the best process of investigation and monitoring in the overall clean up process. This area also concerns itself with the study and assessment of risk in the long term, to better mitigate any future accidents and risks.

5. Sustainability of resources : United Nations has put great emphasis on ensuring the sustainability of resources. For this vision , it has advocated the formation of various legal principles and legislation. In this regards concept of environmental impact assessment introduced .

Noble legislations and enactments on environment law in India :

Laws on Forest and wild life protection:
• The Indian Forest Act, 1927 ; The Wildlife Protection Act, 1972; The Forest (Conservation) Act, 1980 ; The Environment (Protection) Act, 1986; The National Green Tribunal Act, 2010.

Laws on Water pollution :
• The Water (Prevention and Control of Pollution) Act, 1974.

Laws on air pollution :
• The Air (Prevention and Control of Pollution) Act, 1981 (the “Air Act”)

Laws on hazardous waste management :
• Biomedical Waste (Management and Handling) Rules, 1998 ; Municipal Solid Wastes (Management and Handling) Rules, 2000 ; Batteries (Management & Handling) Rules, 2001 ; Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008 ; E – Waste (Management and Handling) Rules, 2011 .
Laws on wetlands

Ramsar convention (1971) : This convention was initiated to push for greater conservation and sustainable use of wetlands ; Wetlands (Conservation and Management) Rules, 2017.
Constitutional provisions on environment laws

Part IVA (Art 51A-Fundamental Duties) of the constitution casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

• the Constitution of India under Part IV (Art 48A-Directive Principles of State Policies) stipulates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

environment makes human life possible, and our cultural environment helps define who we are. It is therefore essential that our population and economic growth are environmentally sustainable.