Environmental Laws in Ancient and British India

One of the biggest problem, the world is facing today. The problem of environment pollution is
as old as the evolution of Homo sapiens on this planet. Man's ambition for limitless enjoyment
and comfort has led him towards the exploitation of nature's wealth so indiscriminately and so
shamelessly as to reduce nature's capacity for self-stabilization. Man's voracious appetite for
resources and his desires to conquer nature has put him in collision course with the environment.
The demand for his explosive technological society imposes intense stress on the state of
equilibrium with the environment. The relationship between human beings and his environment
has varied from time to time. It has also been varying from place to place at a given point of
time.
Protection of environment in the Indian Tradition and culture
India has always had a rich ancient tradition of protecting the environment which in turn, has
made the people of India worship and embrace nature in every way possible. Trees, water,
animals, land have an important mention in ancient Indian texts. Indian texts such as the
Arthashastra, Sathapatha Bhramanas, Vedas, Manusmriti, Ramayana, Mahabharata etc. enable us
to understand the concepts of environment conservation and maintaining forest ecology; also
hymns in the four Vedas, Rigveda, Yajurveda, Samaveda, and Atharvaveda, reveal full
cognizance of the undesirable effects of climate change, distortion in ecological balance, and
environmental degradation; and appropriately caution against them.
The Vedas, Puranas, Upanishads, and other scriptures of the Hindu religion gave a detailed
description of Trees, plants and wildlife and their importance to the people.
The Rig Veda highlighted the potentialities of nature in controlling the climate, increasing
fertility and improvement of human life emphasizing on intimate kinship with nature.
Atharva Veda considered trees as abode of various gods and goddesses.
Yajur Veda Emphasized that the relationship with nature and the animals should not be that of
dominion and subjugation but of mutual respect and kindness.
Many animals and plants were associated with Gods and Goddesses so that they were preserved
for the future generations. As they were associated with supernatural powers, no one dared to
misuse the resources and therefore there was a check on the excess utilization of resources.
King Ashoka of the Mauryan Empire did as much as he could to protect environment. He made
several laws for the preservation of the ecology of India.
Bhagavata Gita Purana writes
‘According to the different modes of material nature the mode of goodness, the mode of passion
and the mode of darkness — there are different living creatures, who are known as demigods,
human beings and hellish living entities. O King, even a particular mode of nature, being mixed
with the other two, is divided into three, and thus each kind of living creature is influenced by the
other modes and acquires its habits also’.
Letting alone Hinduism, diverse traditions and religions existing in India look up to environment
and its preservation as an ultimate goal. Various literary texts caution us against environmental
degradation and endorse us ensuring effective sustainability.
Quran, reference is made regarding the environment which says- “Do not make mischief on the
earth”
Christians baptize a new born child in the water, which denotes ‘purification from original sins’.
Buddhism, Buddha, being an aficionado of nature has stated that trees provide shade and shelter
and hence, are too sacrosanct to be exploited.
Lord Mahavira-
“To kill or to hurt any living being amounts to killing or hurting oneself. The compassion of
others is compassion to one’s own self.”
This allows us to fathom that the reflection of nature is deeply rooted in ancient Indian tradition.
We hereby can infer that almost all the religions as well as ancient texts have an ingrained nature
of environmental overtones which was to observe conduct towards nature and its creations.
Indus valley civilization, popularly known as Harappan civilization which flourished around
5000 years ago, archaeologically makes us believe to have perceived environment as a primary
concern. They also believed in hygiene and sanitation, waste management which lets us infer
their cautiousness about the protection of environment evident from their constructions of public
baths, bathrooms, waste disposal, underground drainage system, etc.
Vedic culture (1500- 500 BC) emphasises on protection and cleaning of the environment but we
cannot wholly allude to this perspective as it is also believed that , people in Indus Valley who
practised agriculture were highly dependent on irrigation and overseas trade, which would only
be possible because of the rain fed soil and easy access to sea. The reduction of forests was
because of the usage of immense amount of timber-wood for burning bricks. Less occurrence of
rainfall, soil erosion, lack of dams are most likely to be the prime factors which led to the
downfall of this civilisation.
Charak Samhita (Medical book originated in 900 BC) instructs the readers on the importance
of maintaining and drinking pure water. Arthashastra prescribes various punishments for cutting
trees, damaging environment, killing of animals which were not only bound to common citizens
and masses but also to the kings and the leaders.
Manusmriti, the most authoritative among all the books of the Hindu code in India contain the
earliest messages for preservation of environment and ecological balance. The highness says that
– Injuring medicinal plants, cutting down shrubs, herbs, etc. should be followed by penance.
Manusmriti further suggests that – One shouldn’t hurt or cause injury to other creature even in
the time of distress; which we can assign to environment as well.
Vishnu Purana and Matsya Purana establish the fact that –
If the society fails to maintain ecological balance, it will get devastated. Hunting too is
prohibited.
Varah Purana says that- Planting one peepal, one neem, ten flowering plants or creepers, two
pomegranates, two oranges, five mangoes protect from falling in hell.

Significance of environment protection in medieval India

This period, mainly dominated by the Mughals and Muslim rulers considered forests no more
than the grassland they could hunt. Rulers as well as the masses were more intrigued in war and
tended to serve people than to serve mother Earth. No worthy jurisprudence of environmental
protection has been testified in this period except in the rule of Emperor Akbar. Also, the account
of Babar (Babarnama) gives a detailed description of the flaura and founa existed in a very
systematic manner. There’s a mention of different types of exotic and endangered animals, birds,
trees, which enable us to label him as a keen researcher and a fine observer. The renowned
emperor Jahangir patronized a large number of artists to whom he ordered to portray the animals
and birds. Foremost, among these artists was Mansur who painted the flora of Kashmir in great
detail. Jahangir is responsible for the construction of some the finest gardens in Mughal India but
this shouldn’t let us have a spurious belief about their concern about protection of the
environment as it was just for matter of leisure and mere curiosity about nature.
British Era (1800- 1947 AD)-
British arrived in India at 1600 with the mission of trading goods from India but, after seeing the
immense amount of natural resources and plunders of opportunity to exploit the resources
present here, they changed their game plan and decided to accomplish their aim of exploiting
natural resources in India.
By around 1860, Britain had emerged as the world leader in deforestation, devastation its own
woods and the forests in Ireland, South Africa and northeastern On 3 August 1855, Lord
Dalhousie, the governor general of India, reversed previous laissez-faire policy to establish the
India Forest Department and annex large areas of sparsely populated lands in India. These lands
were declared protected areas and staffed by foresters, fireguards, rangers, and administrators.
Over the next decades, forestry in India became an international profession with global
specialists ruling an empire of trees and grasslands.
The second half of the 19th century marked the beginning of an organized forest management in
India with some administrative steps taken to conserve forest; the formulation of forest policy
and the legislations to implement the policy decision. The systematic management of forest
resources began with the appointment of the First Inspector General of Forest in 1964. Dietrich
Brandis was the first Inspector General of India. Lord Canning appointed Dietrich Brandis as the
first inspector general of the India-wide Indian Forest Department, a post he held from 1864 to
1883.
The first step of the British Government to assess state monopoly right over the forest was the
enactment the Forest Act, 1865 the act was revised after about thirteen years later in 1878 and
extended to most of the territories under the British rule.
The British Government declared its first Forest Policy by a resolution on the 19th October 1884.
The policy statement had the following objectives:
1. Promoting the general well being of the people in the country;
2. Preserving climatic and physical condition in the country; and
3. Fulfilling the need of the people
To implement the Forest policy of 1884, the Forest act of 1927 was enacted. Till 1935, the
government of India enacted the Forest Act. In 1935, the British Parliament through the
Government of India created provincial legislature and the subject of the forest as included in the
provincial legislature list. Thereafter, several provinces made their own laws to regulate forest.
Most of these laws were within the framework laid down in the 1927 Act . The British all along
their reign in India formed many other Acts from time to time
Main Acts in the field of Environment in the British Era Acts controlling Water Pollution
# The Shore Nuisance (Bombay and Kolaba) Act, 1853
# The Orient Gas Company Act, 1857
# Indian Penal Code, 1860
# The Serais Act, 1867
# The North India Canal and Drainage Act, 1873
# The Obstruction in Fairways Act, 1881
# The Indian Easement Act, 1882
# The Indian Fisheries Act, 1897
# The Indian Ports Act, 1908
# The Indian Steam Vessels Act, 1917
# The Poison Act, 1919
# The Indian Forest Act, 1927
The Shore Nuisance (Bombay and Kolaba) Act, 1853
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 industries functioning in these areas.
Oriental Gas Company Act, 1857
This law imposed restrictions on fouling of water by the Oriental Gas Company. The Oriental
Gas Company provided fine of Rs. 1000, for fouling water and for the subsequent continuation
of the offence, Rs. 500 per day. Oriental Gas Company (OGC) Act was among the first act in the
field of water pollution.
Indian Penal Code, 1860
As regards to water pollution, Indian Penal Code says that whoever voluntarily corrupts or fouls
the water of any public spring or reservoir, so as to make it less fit for the purpose for which it is
ordinarily used, shall be punished with simple or rigorous imprisonment for a term exceeding to
three months or fine of five hundred rupees or both.
Section 290Â makes the offence of public nuisance punishable with a fine extending up to Rs.
200. Therefore, if any act or omission of polluting the environment is committed harming any
citizen then the same shall be subject to prosecution. Section 290 also makes noise pollution an
offence.
Section 277Â of IPC states that if anyone who voluntarily corrupts or fouls the water of public
spring or reservoir, so as to make it unfit for ordinary public use, shall be held punishable with
imprisonment for up to 3 months or with fine up to Rs. 1000 or with both.
According to Section 278, whoever voluntarily vitiates (spoils) the atmosphere of any place so as
to make it harmful for any personal health in a general dwelling, or carrying on a business in a
neighbourhood or passing along the public way, shall be liable to a fine of up to Rs. 500.
Section 133 to 144A is devoted to mitigating public nuisance.
Section 133 deals with the conditional order for removal of the nuisance, it empowers a District
Magistrate and Sub-Divisional Magistrate to stop the nuisance on receiving such information.

The North India Canal and Drainage Act, 1873

Certain offences have been listed under the Act contained in Section 70. It was to regulate the
way canals for the purpose of irrigation as well as to discharge the effluents from various
industries as well as drainage system is to be controlled.

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 to a port causing or likely to give rise to a bank or
shoal.
Indian Easements Act, 1882
It protected riparian owners against unreasonable pollution by upstream officer. Illustrations (f),
(h) and (j) of Section 7 of the Act deal with pollution of waters. Section 28(d) of the Easement
Act, 1882 on the one hand allowed a prescriptive right to pollute the water but it was not an
absolute right. The illustrations (f), (g), and (j) of this Section, limited this prescriptive right not
to unreasonably pollute or cause material injury to other.
The Indian Fisheries Act, 1897
The Indian Fisheries Act, 1897 contains seven sections. This act penalized the killing of fish by
poisoning water and by using explosive. Section 5 of the Act prohibits destruction of fish by
poisoning waters.
Indian Ports Act, 1908
The Indian Ports Act, 1908, has regulated water pollution caused by the use of oil or discharging
of oil in the port waters.
The Indian Forest Act, 1927
This act was very comprehensive and contained all the major provisions of the earlier act and
amendments made thereto including those relating to the duty on timber. The Act of 1927 also
embodied land-using policy whereby the British could acquire all forestland, village forest and
other Common Property Resources. Section 26(i) of the Act makes it punishable if any person,
who, in contravention of the rules made by the State Government, poisons water of a forest area.
The State Government has been empowered under Section 32(f) to make rules relating to
poisoning of water in forests. This act is still in force, together with several amendments made by
the State Governments.

Acts For The Protection of The Indian Environment

# The Orient Gas Company Act, 1857
# The Serais Act, 1857
# The Northern India Canal and Drainage Act, 1873
# The Obstruction in Airways Act, 1881
# The Indian Fisheries Act, 1897
# The Indian Ports Act, 1901
# The Bengal Smoke Nuisance Act, 1905
# The Explosives Act, 1908
# The Bombay Smoke Nuisance Act, 1912
# The Inland Stream Vessel Act, 1917
# The Mysore Destructive Insects & Pests Act, 1917
# The Poison Act, 1919
# The Andhra Pradesh Agricultural, Pest & Diseases Act, 1919
# The Indian Boilers Act, 1923
# The Workmen's Compensation Act, 1923
# The Indian Forest Act, 1927
# The Motor Vehicles Act, 1939
# The Bihar Wastelands (Reclamation, Cultivation & Improvement) Act, 1946.
Air Pollution Acts
# Indian Penal Code, 1860
# The Indian Boilers Act, 1923
# Motor Vehicle Act, 1939 (Repealed by Act No.59 of 1988)
# The Poison Act, 1919
Municipality Laws
# Uttar Pradesh Municipality Laws, 1916
# Bihar and Orissa Municipality Laws, 1922
Both of these laws were amongst the earliest laws for regulating the environment conditions in
the cities by the help of municipality laws.
Wildlife Protection Act
# Forest act of Madras 1873
# Elephant Preservation Act, 1879
# World Birds Protection Act, 1887
# World Birds and Animal Protection Act, 1912
# Hailey National Park Act,1936 (Now Called Corbett National Park)
In the field of wildlife protection, the first wildlife
The first effort by the Central Government came after six years later by the passing of the
Elephant Preservation Act in 1879. In 1887, central government enacted the Wild Birds
Protection Act prohibiting the possession or sale of wild birds recently killed or taken during the
notified breeding season. In 1912, the Central Government enacted a broader Wild Life and
Animal Protection Act. Extending to most of the British India, this law specified a closed
hunting season and regulated the hunting of designated species through licenses. Indeed, all the
statutes related primarily to the regulation of hunting and did not regulate trade in wildlife and
wildlife products- both major factors in the decline of Indian Wildlife. As a consequence,
wildlife depredation continued and many species became extinct.