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Article 51A(g) provides: It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

Thus our Constitution includes environmental protection and conservation as one of our fundamental duties.

Some of the important Acts passed by the Government of India are discussed here. These Acts have the force of law and these environment laws are powerful tools for implementing environmental protection.

8.2 LEGAL ASPECTS

8.2.1 Wildlife (Protection) Act, 1972

Fig. 8.1. A newspaper clipping advocating illegality of trading in scheduled animals and products.

The Act, a landmark in the history of wildlife legislation in our country, came into existence in 1972. Wildlife was transferred from State List to Concurrent List in 1976, thus giving power to the Central government to enact the legislation.

The Indian Board of Wildlife (IBWL) was created in 1952 in our country, which after the enactment of the Wildlife (Protection) Act actively took up the task of setting up wildlife national parks and sanctuaries. The major activities and provisions in the Act can be summed up as follows:

8.2.2 Forest (Conservation) Act, 1980

This Act deals with the conservation of forests and related aspects. Except J & K, the Act is adopted all over India. The Act covers under it all types of forests including reserve forests, protected forests or any forested land irrespective of its ownership. The salient features of the Act are as follows: (i) The State government has been empowered under this Act to use the forests only for forestry purposes. If at all it wants to use it in any other way, it has to take prior approval of Central government, after which it can pass orders for declaring some part of the reserve forest for non-forest purposes (e.g. mining) or for clearing some naturally growing trees and replacing them by economically important trees (reforestation). (ii) It makes provision for conservation of all types of forests and for this purpose there is an advisory committee which recommends funding for it to the Central government. (iii) Any illegal non-forest activity within a forest area can be immediately stopped under this Act. Non-forest activities include clearing of forest land for cultivation of any type of plants/crops or any other purpose (except re-afforestation). However, some construction work in the forest for wildlife or forest management is exempted from non-forest activity (e.g. fencing, making water-holes, trench, pipelines, check posts, wireless communication etc.).

1992 Amendment in the Forest Act

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(i) It defines the wildlife related terminology. (ii) It provides for the appointment of Wildlife Advisory Board, wildlife warden, their powers, duties etc. (iii) Under the Act, comprehensive listing of endangered wildlife species was done for the first time and prohibition of hunting of the endangered species was mentioned. (iv) Protection to some endangered plants like Beddome cycad, Blue vanda, Ladies slipper orchid, Pitcher plant etc. is also provided under the Act. (v) The Act provides for setting up of national parks, wildlife sanctuaries etc. (vi) The Act provides for the constitution of Central Zoo Authority. (vii) There is provision for trade and commerce in some wildlife species with license for sale, possession, transfer etc. (viii) The Act imposes a ban on the trade or commerce in scheduled animals (Fig. 8.1). (ix) It provides for legal powers to officers and punishment to offenders. (x) It provides for captive breeding programme for endangered species. Several conservation projects for individual endangered species like lion (1972), tiger (1973), crocodile (1974) and brown antlered deer (1981) were started under this Act. The Act is adopted by all states in India except J & K, which has it own Act.

Some of the major drawbacks of the Act include mild penalty to offenders, illegal wildlife trade in J & K, personal ownership certificate for animal articles like tiger and leopard skins, no coverage of foreign endangered wildlife, pitiable condition of wildlife in mobile zoos and little emphasis on protection of plant genetic resources.

In 1992, some amendments was made in the Act which made provisions for allowing some non-forest activities in forests, without cutting trees or limited cutting with prior approval of Central government. These activities are setting of transmission lines, seismic surveys, exploration, drilling and hydroelectric projects. The last activity involves large scale destruction of forests, for which prior approval of the Centre is necessary. Wildlife sanctuaries, national parks etc. are totally prohibited for any exploration or survey under this Act without prior approval of Central govt. even if no tree-felling is involved.

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Cultivation of tea, coffee, spices, rubber and plants which are cash-crops, are included under non-forestry activity and not allowed in reserve forests. (A) Central Pollution Control Board (CPCB):
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(v) The Act makes provisions for various penalties for the defaulters and procedure for the same. The main regulatory bodies are the Pollution Control Boards, which have been conferred the following duties and powers: It advises the Central govt. in matters related to prevention and control of water pollution. Coordinates the activities of State Pollution Control Boards and provides them technical assistance and guidance. Organizes training programs for prevention and control of pollution. Organizes comprehensive programs on pollution related issues through mass media. Collects, compiles and publishes technical and statistical data related to pollution. Prepares manuals for treatment and disposal of sewage and trade effluents. Lays down standards for water quality parameters. Plans nation-wide programs for prevention, control or abatement of pollution. Establishes and recognizes laboratories for analysis of water, sewage or trade effluent sample.

Even cultivation of fruit-bearing trees, oil-yielding plants or plants of medicinal value in forest area need to be first approved by the Central govt. This is because newly introduced species in the forest area may cause an imbalance in the ecology of the forest. If the species to be planted is a native species, then no prior clearance is required.

Tusser cultivation (a type of silk-yielding insect) in forest areas by tribals as a means of their livelihood is treated as a forestry activity as long as it does not involve some specific host tree like Asan or Arjun. This is done in order to discourage monoculture practices in the forests which are otherwise rich in biodiversity.
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Plantation of mulberry for rearing silkworm is considered a non-forest activity. The reason is same as described above.

Mining is a non-forestry activity and prior approval of Central govt. is mandatory. The Supreme Court in a case T.N. Godavarman Thirumulkpad Vs. Union of India (1997) directed all ongoing mining activity to be ceased immediately in any forest area of India if it had not got prior approval of Central government.

Removal of stones, bajri, boulder etc. from river-beds located within the forest area fall under non-forest activity.

(B) The State Pollution Control Boards: These boards also have similar functions to be executed at state level and are governed by the directions of CPCB.
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Any proposal sent to Central govt. for non-forest activity must have a cost-benefit analysis and Environmental Impact Statement (EIS) of the proposed activity with reference to its ecological and socio-economic impacts.
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Thus, the Forests (Conservation) Act has made ample provisions for conservation and protection of forests and prevent deforestation.
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The Board advises the State govt. with respect to the location of any industry that might pollute a stream or a well. It lays down standards for effluents and is empowered to take samples from any stream, well or trade effluent or sewage passing through an industry. The State Board is empowered to take legal samples of trade effluent in accordance with the procedure laid down in the Act. The sample taken in the presence of the occupier or his agent is divided into two parts, sealed, signed by both parties and sent for analysis to some recognized lab. If the samples do not conform to the prescribed water quality standards (crossing maximum permissible limits), then consent is refused to the unit.

8.2.3 Water (Prevention and Control of Pollution) Act, 1974

It provides for maintaining and restoring the wholesomeness of water by preventing and controlling its pollution. Water pollution is defined as such contamination of water, or such alteration of the physical, chemical or biological properties of water, or such discharge as is likely to cause a nuisance or render the water harmful or injurious to public health and safety or harmful for any other use or to aquatic plants and other organisms or animal life.

The definition of water pollution has thus encompassed the entire probable agents in water that may cause any harm or have a potential to harm any kind of life in any way.
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Every industry has to obtain consent from the Board (granted for a fixed duration) by applying on a prescribed proforma providing all technical details, along with a prescribed fee following which analysis of the effluent is carried out. The Board suggests efficient methods for utilization, treatment and disposal of trade effluents. The Act has made detailed provisions regarding the power of the Boards to obtain information, take trade samples, restrict new outlets, restrict expansion, enter and inspect the units and sanction or refuse consent to the industry after effluent analysis. While development is necessary, it is all the more important to prevent pollution, which can jeopardize the lives of the people. Installation and proper functioning of effluent treatment plants (ETP) in all polluting industries is a must for checking pollution of water and land. Despite certain weaknesses in the Act, the Water Act has ample provisions for preventing and controlling water pollution through legal measures.

The salient features and provisions of the Act are summed up as follows:

(i) It provides for maintenance and restoration of quality of all types of surface and ground water. (ii) It provides for the establishment of Central and State Boards for pollution control. (iii) It confers them with powers and functions to control pollution. The Central and State Pollution Control Boards are widely represented and are given comprehensive powers to advise, coordinate and provide technical assistance for prevention and control of pollution of water.

(iv) The Act has provisions for funds, budgets, accounts and audit of the Central and State Pollution Control Boards.

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8.2.4 The Air (Prevention and Control of Pollution) Act, 1981

Salient features of the act are as follows:

The Act has given powers to the Central Government to take measures to protect and improve environment while the state governments coordinate the actions. The most important functions of Central govt. under this Act include setting up of: (a) The standards of quality of air, water or soil for various areas and purposes. (b) The maximum permissible limits of concentration of various environmental pollutants (including noise) for different areas. (c) The procedures and safeguards for the handling of hazardous substances. (d) The prohibition and restrictions on the handling of hazardous substances in different areas. (e) The prohibition and restriction on the location of industries and to carry on process and operations in different areas. (f) The procedures and safeguards for the prevention of accidents which may cause environmental pollution and providing for remedial measures for such accidents. The power of entry and inspection, power to take sample etc. under this Act lies with the Central Government or any officer empowered by it. For the purpose of protecting and improving the quality of the environment and preventing and abating pollution, standards have been specified under Schedule I-IV of Environment (Protection) Rules, 1986 for emission of gaseous pollutants and discharge of effluents/waste water from industries. These standards vary from industry to industry and also vary with the medium into which the effluent in discharged or the area of emission. For instance, the maximum permissible limits of B.O.D. (Biochemical Oxygen Demand) of the waste water is 30 ppm if it is discharged into inland waters, 350 ppm if discharged into a public sewer and 100 ppm, if discharged onto land or coastal region. Likewise, emission standards vary in residential, sensitive and industrial area. Naturally the standards for sensitive areas like hospitals are more stringent. It is the duty of the Pollution Control Board to check whether the industries are following the prescribed norms or not. Under the Environmental (Protection) Rules, 1986 the State Pollution Control Boards have to follow the guidelines provided under Schedule VI, some of which are as follows:

(i) The Act provides for prevention, control and abatement of air pollution. (ii) In the Act, air pollution has been defined as the presence of any solid, liquid or gaseous substance (including noise) in the atmosphere in such concentration as may be or tend to be harmful to human beings or any other living creatures or plants or property or environment. (iii) Noise pollution has been inserted as pollution in the Act in 1987. (iv) Pollution Control Boards at the Central or State level have the regulatory authority to implement the Air Act. Just parallel to the functions related to Water (Prevention and Control of Pollution) Act, the Boards perform similar functions related to improvement of air quality. The Boards have to check whether or not the industry strictly follows the norms or standards laid down by the Boards under section 17, regarding the discharge of emission of any air pollutant. Based upon analysis report consent is granted or refused to the industry. (v) Just like the Water Act, the Air Act has provisions for defining the constitution, powers and function of Pollution Control Boards, funds, accounts, audit, penalties and procedures. (vi) Section 20 of the Act has provision for ensuring emission standards from automobiles. Based upon it, the State govt. is empowered to issue instructions to the authority incharge of registration of motor vehicles (under Motor Vehicles Act, 1939) that is bound to comply with such instructions. (vii) As per Section 19, in consultation with the State Pollution Control Board, the state government may declare an area within the state as air pollution control area and can prohibit the use of any fuel other than approved fuel in the area causing air pollution. No person shall, without prior consent of State Board operate or establish any industrial unit in the air pollution control area. The Water and Air Acts have also made special provisions for appeals. Under Section 28 of Water Act and Section 31 of Air Act, a provision for appeals has been made. An Appellate Authority consisting of a single person or three persons appointed by the Head of the State, the Governor, is constituted to hear such appeals as filed by some aggrieved party (industry) due to some order made by the State Board within 30 days of passing the orders.

The Appellate Authority after giving the appellant and the State Board an opportunity of being heard, disposes off the appeal as expeditiously as possible.

8.2.5 The Environment (Protection) Act, 1986

The Act came into force on Nov. 19, 1986, the birth anniversary of our late Prime Minister Indira Gandhi, who was a pioneer of environmental protection issues in our country. The Act extends to whole of India. Some terms related to environment have been described as follows in the Act:

(i) Environment includes water, air and land and the inter-relationships that exists among and between them and human beings, all other living organisms and property. (ii) Environmental pollution means the presence of any solid, liquid or gaseous substance present in such concentration, as may be, or tend to be, injurious to environment.

(a) They have to advise the industries for treating the waste water and gases with the best available technology to achieve the prescribed standards. (b) The industries have to be encouraged for recycling and reusing the wastes. (c) They have to encourage the industries for recovery of biogas, energy and reusable materials. (d) While permitting the discharge of effluents and emissions into the environment, the State Boards have to take into account the assimilative capacity of the receiving water body. (e) The Central and State Boards have to emphasize on the implementation of clean technologies by the industries in order to increase fuel efficiency and reduce the generation of environmental pollutants. Under the Environment (Protection) Rules, 1986 an amendment was made in 1994 for Environmental Impact Assessment (EIA) of various development projects. There are 29 types of projects listed under Schedule I of the rule which require clearance from the Central Government before establishing. Others require clearance from the State Pollution Control Board, when the proposed project or expansion activity is going to cause pollution load exceeding the existing levels. The project proponent

(iii) Hazardous substance means any substance or preparation which by its physico-chemical properties or handling is liable to cause harm to human beings, other living organisms, property or environment.

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has to provide EIA report, risk analysis report, NOC from State Pollution Control Board, commitment regarding availability of water and electricity, summary of project report/feasibility report, filled in a questionnaire for environmental appraisal of the project and comprehensive rehabilitation plan, if more than 1000 people are likely to be displaced due to the project.

Under the Environment (Protection) Act, 1986 the Central Government also made the Hazardous Wastes (Management and Handling) Rules, 1989. Under these rules, it is the responsibility of the occupier to take all practical steps to ensure that such wastes are properly handled and disposed off without any adverse effects. There are 18 hazardous waste categories recognized under this rule and there are guidelines for their proper handling, storage, treatment, transport and disposal which should be strictly followed by the owner.

The Environment (Protection) Act, 1986 has also made provision for environmental audit as a means of checking whether or not a company is complying with the environmental laws and regulations. Thus, ample provisions have been made in our country through law for improving the quality of our environment.

8.3 INITIATIVES BY NON-GOVERNMENTAL ORGANIZATIONS

(A) Role:

Non-government organizations (NGOs) can play a very important role in protection of environment because they act at the grass-root level. Simple laws cannot be enforced that effectively unless there is proper awareness amongst the masses. The NGOs can play a dual role:

(i) They can act as watch-dogs and advice the government about some local environmental issues of prime and urgent concern

(ii) They can interact with the people at grass-root level, sharing their problems and concern. These NGOs can act as a viable link between the two.

They can act both as an Action group and a pressure group by leading public environmental movements.

(B) Drawbacks:

(i) Quite often NGOs are found to work with vested interests, without a genuine concern for the environment

(ii) They may get politically motivated. In such cases the public feels cheated and the enthusiasm to protect the environment is totally lost.

Nonetheless, all over the world the number of NGOs is increasing day by day and several initiatives have been taken by them for protection of environment in different ways.

(C) Initiatives:

Some major initiatives taken by NGOs are discussed here:

(i) Dasholi Gram Swarajya Mandal in Gopeshwar is known for the well known Chipko Movement for protecting the trees. Sh. Sunderlal Bahugunas name is now synonymous with this movement, who led this movement in Uttarakhand against tree-felling.