Emergence of Environmental Legislation

EMERGENCE OF ENVIRONMENTAL LEGISLATION
INTRODUCTION:
Article 51 A (g) of Fundamental Duties of Constitution states that "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."
Protection of the environment is not only the responsibility of government but also citizens (include
corporations, organisation, association etc). For the continuity of human life, it is important that the
environment is preserved. In order to understand present-day environmental
laws, it is important to look at history. Laws keep on changing from time to time according to the need
of society similarly the practices which were followed during Ancient. India isn’t followed now.
Since the ancient period, people were aware of the importance of nature. Laws regarding protection of
the environment has been there in India since the 19th century that is during the British Raj it was
during their ruling when proper rules and regulations were made for governing environment. It was
only after independence that environmental laws were made which protected them especially after the
United Nation conference on Human Environment that well-developed laws were made.
Policies in Ancient India

In India, preservation of the environment can be seen since civilisation began. Various Hindu
scriptures like Vedas, Upanishads, Ramayana etc. have mentioned the importance of planting trees
and wildlife. Vedas contain several references for ecological balance and weather cycle. Yajnavalkya
Smriti prohibited the cutting of trees and punishment were provided for such acts. In Arthashastra
various punishments were provided for cutting trees, killing animals and damaging forests. If
Arthashastra is to be believed then preservation of environment commenced from the Mauryan
Period, during this period emphasis was laid upon administration of forest. Emperor Ashoka’s pillar
has numerous quotes which have highlighted the importance of environment protection.
Thus, the people of that time period were aware of the impact of deforestation.
Policies during Medieval India

During this period no efforts were made by the emperor to preserve the environment. During the
Medieval period, the forests were nothing more than haunting land. During Akbar’s rule, every other
person was forbidden from haunting except for rulers only those trees were spared which were of
religious importance. Apart from these there we’re no restriction upon killing or hunting animals.
Forest during this period decreased rapidly.
Policies and Laws during the British Period

During the 18th century, no substantial steps were taken to control the environment. Forest was
mercilessly cut for military, export, agriculture and other purposes. During this period although our
country’s natural resources were used brutally but it was during this era we saw proper laws
governing the environment. There were many acts introduced during this time. Although
environmental legislation during British Raj governed few aspects only those were forest, water
pollution and wildlife.
1. Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of seawater.
2.Oriental Gas Company Act, 1857
3.Merchant Shipping Act of 1858 dealt with the prevention of sea pollution by oil.
4.Cattle Trespass Act, 1871
5.Indian Easement Act, 1892
6. The Fisheries Act, 1897
7. The Bengal Smoke Nuisance Act of 1905
8.Bombay Smoke Nuisance Act of 1912
9.Wild Birds and Animals Protection Act, 1912
10.Indian Forest Act, 1927
Indian Penal Code, 1860 also contains provides punishment for polluting the environment under
section 268 (defines public nuisance) and 290 (provides punishment for public nuisance). Section 277
deals with voluntarily contaminating the water of spring or reservoir. Section 278 lays down Whoever
voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in
general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be
punished with fine which may extend to five hundred rupees. Section 284, 285 and 286 deals with
negligent handling of hazardous substances. Section 428 and 429 deal with mischief against animals.
Many critics believe that the main reason for bringing environmental laws was not because they cared
about the environment instead it was to earn more revenue.
Laws after Independence

Many laws were made by the Indian Parliament but it was only after Stockholm Conference major
changes were made in the environmental legislation.
Following are few laws which were passed before 1972 Conference –
1.Factories Act, 1948
2.The Prevention of Food Adulteration Act, 1952
3.The River Borders Act 1956
4.The Mines and Minerals (Regulation and Development) Act, 1957
5.The Ancient Monuments and Archaeological Sites and Remains Act, 1958
6.The Atomic Energy Act, 1962
7. The Insecticides Act, 1968 Well framed laws came after UN Conference on Human Environment in
1972, popularly known as the Stockholm Conference. After Stockholm Conference the Pitamber
Committee was set up on its recommendations, a National Committee on Environmental Planning and
Coordination (NCEPC) was constituted by the Government of India in the Department of Science and
Technology in order to plan and coordinate environmental programmes and policies and advice
various ministries on environmental protection. Later on, the government Ministry of Environment
and Forest 1985, it’s an apex body.
The Water (Prevention and Control of Pollution) Act, 1974 was passed 2 years after the Stockholm
Conference purpose of this act is to prevent and control water pollution and restore water. Which
allows the publishing of pollution boards at the Centre and State level.
The Forest (Conservation) Act, 1980 aimed to conserve forest and check deforestation.
The Air (Prevention and Control of Pollution) Act,1981, aimed at examining air pollution through
pollution control boards.
The Environment (Protection) Act, 1986 is legislation which provides for single focus in the country
for protection of the environment and aims at closing the loopholes in prevailing legislation. This act
was enacted after the Bhopal Gas Tragedy which took 3000 lives. Laws before this act focused on
specific environment problem the need for authority controlling this act changed it. Under this act, the
Central Government is empowered to take necessary measures in order to protect and improve the
quality of the environment by setting standards for emissions and discharges of pollution in the
atmosphere by any person carrying on an industry or activity; regulating the location of industries;
management of hazardous wastes, and protection of public health and welfare.
The Public Liability Insurance Act, 1991 through this act workers are given reassurance if they work
at a hazardous factory.
National Environment Tribunal Act, 1995 this act was made to provide strict liability for damages
occurred due to accidents while handling any hazardous substances.
•The Biological Diversity Act, 2002

•National Environment Policy 2004
In 1980 Government of India set a committee (Tiwari Committee) under the chairmanship of Shri
N.D Tiwari then chairman of Planning Commission this committee was set up to review prevailing
environmental laws. The committee laid emphasis upon the need for controlling and managing the
country’s natural resources like land, forest, water etc. It’s major recommendation were –
1.Constitution of environment courts at the district level
2. Creation of Department of Environment
3.Setting up a central land commission
4.Environment Impact Assessment (EIA)
5.Environment code for covering all types of pollution
The government did constitute Department of Environment in 1980 but it was transferred to Ministry
of Environment and Forest 1985. The land commission was also set up. EIA has become important for
highly polluting industries since 1994
Constitutional Amendment
Originally the Constitution of India did not have provisions regarding the protection of the
environment they were included after the amendments.
42nd Constitution Amendment Act 1976, made provisions for the environment in form of Directive
Principles of State Policy and Fundamental Duties. Article 48A of DPSP states that ‘the state shall
endeavour to protect and improve the environment and to safeguard the forests and wildlife of the
country’. 51A(g) states that ‘to protect and improve the natural environment including forests, lakes,
rivers, wildlife, and to have compassion for living creatures.
Supreme Court on various occasions had said that the right to life includes safe drinking water, proper
sanitation and pollution-free environment.
Important Cases
1. M.C Mehta v Union of India and Ors, (1986), in this case, it was decided that every person has
the right to a clean environment.
2. Sachidanand Pandey v. State of West Bengal, under this case, the Supreme Court stated that the
Courts while deciding any case related to the environment has to apply Article 48A and 51A(g) of
Constitution
3. Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh through this
case idea of sustainable development was introduced.
4. Subhash Kumar vs. State of Bihar and Ors. Through this case, the court decided that the right to
pollution-free environment is part of Article 21 of the Constitution as every individual has the right to
live and have access to a pollution-free environment and water.
5. Indian Council for Enviro-Legal Action vs. Union of India through this case the court decided
that the person who pollutes the environment shall pay for the same. Through this time limit was set
and industrial construction activities were banned within 500mtrs of the high tide line.

Emergence of Environmental Legislation

Uploaded by

Copyright:

Available Formats

Emergence of Environmental Legislation

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Emergence of Environmental Legislation

Uploaded by

Copyright:

Available Formats

EMERGENCE OF ENVIRONMENTAL LEGISLATION

Policies in Ancient India

Policies during Medieval India

Policies and Laws during the British Period

Laws after Independence

•The Biological Diversity Act, 2002

You might also like