Unit : 05

Module 36 : Environmental Legislations in India

Learning objectives

By the end of this module, you will be able to:

 Learn about the environmental legislations
 Understand the various principles underlying environmental laws
 Learn about pollution control and protecting the environment

Introduction

Environmental law is an integral part of any government agency. It contains a

number of laws and rules pertaining to environmental factors like air quality, water quality,
and others. The management of specific natural resources including minerals, forests,
and fisheries is a key component of Indian environmental law, which is founded on
international environmental law principles. The Constitution's tenets are explicitly
reflected in Indian environmental law.

Environmental Legislation

A broader term used to refer laws relating to environment including pollution

control, waste management, resource protection and conservation. It includes urban land
regulation; waste disposal and development laws are intrinsically connected to
environmental laws. Agriculture, food and transportation laws have close association with
the working of environmental laws. It could be extended to broader global issues such as
climate change.
Content and Background of Environmental Legislation
Environmental Laws emerged from Constitutional obligations, international
commitments, court cases, and through various studies conducted by the government.
They are expanded by the interpretative judgments of various courts. Rules are often
made by government and other authorities to implement these laws.
Constitutional Basis
Art 39 (b) states that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good. what are material

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resources? All natural resources are material resources. They have to be distributed in
such a way to benefit the entire national population.
Art 48 A and 51A(g) were inserted into the Constitution by 42 nd Amendment.
This article 48 A amends the directive principles of state policy. 51A(g) is amended
through fundamental duties.
Article 48A
The State shall endeavor to protect and improve the environment and to safeguard
the forests and wild life of the country.
Article 51A(g)
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.
Constitutional Basis- Division of Powers in Schedule VII
India is a federal country whereas powers to legislate is distributed amongst State
and Union governments. The state has got the primary or original role in protecting the
environment and the valuable resources that we have, including water, land, fisheries,
regulation of mines and minerals, and industries. In fact, some of these subjects, such as
industries or regulation of mines, are subject to certain powers of the Union government.
The Union government or the parliament has got wider powers in terms of national
interest. Shipping and navigation, Maritime shipping and navigation, lighthouses, ports
(declared major ports), airways; aircraft and air navigation, industries (declared by
Parliament), oilfields and mineral oil resources, petroleum and petroleum products, and
regulation of mines and mineral development (declared by Parliament) are to be governed
by the laws enacted by Parliament. A concurrent list facilitates both states and parliament
to legislate on many subjects because electricity is a need to be disposed of at the local
level and needs coordination amongst all the agencies at the national level. Therefore,
both State and Union governments have power to legislate over electricity, newspaper
books and printing presses, Archaeological sites other than those declared by Parliament
and Acquisition and requisitioning of property.
Working of Environmental Laws
The way these environmental laws work in practise or how the government
machinery or the state machinery is working with the environmental laws, forest and
wildlife institutions are mainly managed by the government, and there are certain statutory
authorities. Under the Environment Protection Act, governments, both state and union,
play a vital role in rulemaking, and there are many authorities created under this
Environment Protection Act. The pollution control board plays a vital role. Both state and
central pollution control boards and governments also play a vital role in abating pollution

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through various regulations and government policies and mechanisms. As far as climate
change is concerned, it is primarily an obligation vested with the government. We are yet
to make a stronger legislative framework for regulating climate change and for
adjudication. In almost all environmental-related matters, you will find the jurisdiction of
National Green Tribunals. In the case of any dispute regarding forest and wildlife, you can
approach the local jurisdiction of the courts, whereas under the Environment Protection
Act (Table 1), you approach the higher courts.
Table 1 Environment Protection Act
Subject Forest and Environment Pollution Climate
Matter Wildlife (Protection) Act Change
Institutions Governments Governments Governments Governments
Statutory Authorities created Pollution
Authorities under the Act such as Control
Environment Impact Boards
Assessment Authority
Adjudication National National Green National National
Green Tribunal Green Green
Tribunal Tribunal Tribunal
Courts Higher Courts Higher Courts Higher Courts

Government’s (State or Union) Role in Environmental Protection

• Law making
• Governance (establishing agencies and institutions)
• Inter-Agency and Intra-Agency cooperation
• Implementation of its laws and policies
• Funding & Promoting research
• Dissemination of knowledge and awareness

Agenda 21 defines nine ‘Major Groups’ in the Society for the Environmental
Governance
Agenda 21 is one of the important international instruments in relation to
environmental protection and the future of the globe. These groups mentioned in Agenda
21 continue to be in existence and are mentioned in almost all subsequent instruments.

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 • Business and industry
• Children and youth
• Farmers
• Indigenous Peoples and their communities
• Local Authorities
• Non-governmental organizations
• The scientific and technological community
• Women
• Workers and Trade Unions

Principles of Environmental Law

Public Trust Doctrine

The sovereign holds in trust for the public use of natural resources. In an article,
Prof. Sax argued that the US courts are following this principle (1970). In M. C.
Mehta v. Kamal Nath The court declared, "The State is the trustee of all natural
resources, which are by nature meant for public use and enjoyment. The State, as
a trustee, is under a legal duty to protect the natural resources. Why are they
protecting it? because it is required for future generations. So we can't exhaust all
the resources available here.
Sustainable Development
The modern concept of sustainable development is derived from the Brundtland
Report. Our Common Future, also known as the Brundtland Report, from the
United Nations World Commission on Environment and Development (WCED),
was published in 1987. "Sustainable development" is development that meets the
needs of the present without compromising the ability of future generations to meet
their own needs.
Brundtland Report
As the concept developed, it has shifted to focus more on economic development,
social development and environmental protection for future generations. The
publication of Our Common Future and the work of the World Commission on
Environment and Development laid the groundwork for the convening the 1992
Earth Summit and the adoption of Agenda 21, the Rio Declaration and to the
establishment of the Commission on Sustainable Development.

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The Precautionary Principle
In Principle 15, the Rio declaration states that: "In order to protect the environment,
the precautionary approach shall be widely applied by States according to their
capabilities. "Where there are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing cost-effective
measures to prevent environmental degradation." As a matter of expanding
precautionary principles, these are the guidelines.
i. Environmental measures by the state government and the local authority must
anticipate, prevent and attack the causes of environmental degradation.
ii. Where there are threats of serious and irreversible damage, lack of scientific
certainty should not use as a reason for postponing measures to prevent
environmental degradation.
iii. The 'onus of proof' is on the actor or the developer to proof that his action is
environmentally benign.
Polluters’ Pay Principle
The polluter pays principle is advocated to make the polluter responsible for
producing pollution responsible for paying for the damage done to the natural
environment. In India, the principle has been recognised through judge made law.
The principle is expressly recognised in S.20 of the National Green Tribunal Act:
"The Tribunal shall, while passing any order or decision or award, apply the
principles of sustainable development, the precautionary principle, and the polluter
pay principle."
Principle 16 of the Rio declaration
National authorities should endeavour to promote the internalisation of
environmental costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pollution, with due regard
to the public interest and without distorting international trade and investment. The
Polluter Pays Principle means that absolute liability for harm to the environment extends
not only to compensating the victims of pollution but also to the cost of restoring
environmental degradation. Remediation of damaged environments is part of the process
of sustainable development. (Indian Council for Enviro-Legal Action vs. Union of India,
1996)
Inter-Generational Equity
Humans hold the natural and cultural environment of the Earth in common, both
with other members of the present generation and with other generations past and
future. The 1972 Declaration of the United Nations Conference on the Human
Environment held in Stockholm asserts in Principle 2 that "The natural resources
of the earth must be safeguarded for the benefit of present and future generations."
The 1992 Convention on Biological Diversity requires its parties to "integrate

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 consideration of the conservation and sustainable use of biological resources into
national decision-making..." (Article 10). Similarly, the 1992 United Nations
Framework Convention on Climate Change (FCCC) stipulates this principle.
Principle 2 of the Rio Declaration states: "States shall cooperate in a spirit of global
partnership to conserve, protect, and restore the health and integrity of Earth’s
ecosystem."
Influence of International Community in Making Our Environmental Laws: World
Conferences
These conferences have contributed significantly to what they now have as
international environmental law or international environmental governance.
• UN Conference on the Human Environment (1972)
• Nairobi Conference (1982)
• World Commission on Environment and Development (1987)
• United Nations Conference on Environment and Development (1992)
• General Assembly Special Session on the Environment (1997)
• World Summit on Sustainable Development (2002)
• UN Conference on Sustainable Development (2012)
The contributions of these conferences are: preparing a global policy; creating an
international legal framework; international cooperation on environmental issues; the
General Principles Agreement; improving institutional capacity and inclusivity
(stakeholders).
Pollution Control and Protection of Environment
• The Water (Prevention and Control of Pollution) Act of 1974
• The Water (Prevention and Control of Pollution) Cess Act of 1977
• The Air (Prevention and Control of Pollution) Act of 1981
• The Environment (Protection) Act, 1986
The Environment (Protection) Act, 1986
The Act is an “umbrella” legislation framed to provide a mechanism for cooperation
and coordination of various central and state authorities. The Act empowers creating of
various authorities. This enactment facilitates regulation of any aspect under the broader
term ‘Environment’

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 S.2.
a. "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, micro-organism and property;
b. "environmental pollutant" means any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be, injurious to
environment;
c. "environmental pollution" means the presence in the environment of any
environmental pollutant.
What can be regulated through this Act?
Section 6 provides the following regulations.
a. the standards of quality of air, water or soil for various areas and purposes;
b. the maximum allowable 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 the carrying on
process and operations in different areas;
f. the procedures and safeguards for the prevention of accidents which may
cause environmental pollution and for providing for remedial measures for such
accidents
Rules Governing Waste Management
There are a bunch of rules made under this act to govern waste management.
• Plastic Waste Management Rules 2016
• e-waste (Management) Rules, 2016
• Bio-Medical Waste Management Rules,2016
• Construction and Demolition Waste Management Rules, 2016
• Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016
• Solid Waste Management Rules, 2016
• Battery Waste Management Rules, 2022
Solid Waste Management
Solid Waste Management Rules, 2016

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 The 2016 solid waste management rules are more comprehensive than the prior
rules. In fact, it is the enhanced and updated version of the 2000 rules. There are new
acronyms and extended definitions for the existing terms in the rules, such as EPR
(Extended Producer Responsibility), refuse derived fuel, and so on.
Salient features of SWM Rules
Various duties have been imposed upon the Ministries and other authorities:
 Duties of MoEF&CC have been extended by setting up of Central Monitoring
Committee.
 Dept. Of Fertilizers has been asked to extend market development assistance
to city compost.
 Ministry of Agriculture should check the standard of the compost thus
produced.
 Ministry of Power should make compulsory purchase of power produced by
energy plants based on solid waste and concessions for distribution company.
 Local bodies should use the compost from solid waste in the parks, gardens
maintained by it and the informal waste recycling sector will be granted
incentives for recycling initiatives.
 SPCB should regulate Inter-State movement of waste.
 Industrial units with 100 kms from the refuse derived fuel plant shall make
arrangements to replace at least 5% of their fuel requirements by refused
derived fuel.
By imposing such duties on various departments (which are not a part of the 2000
rules), the recent rules, inter alia, ensure sustainable and proper use of the power,
compost, and fuel generated as byproducts of municipal solid waste management.
Duties of Waste Generators:
 The 2016 rules levy fines for littering in open spaces, imposes user fee from locals
and solid waste management charge from tourists at the entry points.
 Besides, Manufacturers of disposable products, sanitary napkins, diapers, etc.,
have been ordered to use the possible recyclable materials in their products.
 Direct developers of SEZ, Industrial Estate, Industrial Park must earmark minimum
5% of total area of the plot or minimum 5 plots or sheds for recovery and recycling
facility.
 Waste generators are restricted to throw/ burn solid waste generated by them in
open public places, streets, etc.

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Plastic Waste Management
Plastic Waste Management Rules, 2016. Replaced The 2011 Plastic Waste
(Management and Handling) Rule, 2011. These rules apply to all waste generators, local
governments, Gram Panchayats, manufacturers, importers, and producers. (2011 rules
applied only to municipal areas).
Responsibility of Plastic Waste Generators
Waste Generators including institutional generators, event organizers shall not to
litter the plastic waste segregate waste and handover to authorized agency. Pay
user fee as prescribed by Urban Local Bodies and spot fine in case of violation.
Responsibility of Plastic Producer, Brand owner, Local Bodies
Producer, Brand Owner need to work out modalities for waste collection system
for collecting back the plastic waste within a stipulated period. The local body shall
be responsible for plastic waste management system and for performing the
associated functions. It may seek financial assistance from producers to set up the
Waste Management System.
Responsibility of retailers and street vendors
The shopkeepers and street vendors willing to provide plastic carry bags for
dispensing any commodity shall register with local body on payment of plastic
waste management fee of minimum rupees forty-eight thousand rupees four
thousand per month.
Only the registered shopkeepers or street vendors shall be eligible to provide
plastic carry bags for dispensing the commodities The registered shop keepers
shall display at prominent place that plastic carry bags are given on payment.
E-Waste Management
E-Waste (Management) Rules, 2016 Replaced E-Waste (Management and
Handling) Rules, 2011. It governs Producer, consumer or bulk consumer, collection
centre, dismantler and recycler. The liability is extended to manufacturer and dealers. The
rules are applicable to Electrical, Electronic, equipment, components, consumables and
spares. CFL bulbs were brought under the regulation. Collection of e-waste is a
responsibility for producers. Collection centers should be authorized by the SPCBs.
The Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016
These rules are not applicable for waste generated under:
 Water and Air Acts
 Merchant Shipping Act, 1958

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  Atomic Energy Act, 1962
 Bio-Medical Waste
 Solid Waste Management Rules
Rule.2 (14) Meaning of Hazardous Waste: “hazardous waste” means any waste
which by reason of characteristics such as physical, chemical, biological, toxic,
flammable, explosive or corrosive, causes danger or is likely to cause danger to
health or environment, whether alone or in contact with other wastes or
substances.
Rule.4 Responsibilities of the Occupier: For the management of hazardous and
other wastes, an occupier shall follow the following steps, namely: (a) prevention;
(b) minimization; (c) reuse; (d)recycling; (e)recovery, utilisation; (f) safe disposal.
The utilisation of hazardous and other wastes as a resource shall be carried out
only after obtaining authorisation from the State Pollution Control Board on the basis of
standard operating procedures or guidelines provided by the Central Pollution Control
Board.
Import and export (transboundary movement) of hazardous and other wastes
The Ministry of Environment, Forest and Climate Change shall be the nodal
ministry to deal with the transboundary movement of hazardous and other wastes in
accordance with the provisions of these rules. Imports of hazardous and other wastes
from any country are only permitted for recycling, recovery, reuse, and utilization,
including co-processing. Rule.13 refers to various requirements, including the Basel
Convention. Rule 15 and 16 deal with the procedure for import and export.
Bio-Medical Waste Management
Bio-Medical Waste Management Rules, 2016.
Rule 2, These rules are applicable to all persons who generate, collect, receive,
store, transport, treat, dispose, or handle biomedical waste in any form including
hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal
houses, pathological laboratories, blood banks, ayush hospitals, clinical
establishments, research or educational institutions, health camps, medical or
surgical camps, vaccination camps, blood donation camps, first aid rooms of
schools, forensic laboratories and research labs. Rules not applicable to E-waste,
Hazardous waste, Solid waste.
Section.3(f) Bio-medical waste
Bio-medical waste means any waste which is generated during the diagnosis,
treatment, or immunisation of human beings or animals, or research activities

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 pertaining thereto, or in the production or testing of biological products or in health
camps, including the categories mentioned.
Duties of the Occupier
All necessary steps to ensure that bio-medical waste is handled without any
adverse effect on human health and the environment and in accordance with these
rules; The rules make a provision within the premises for a safe, ventilated, and
secured location for the storage of segregated biomedical waste in coloured bags
or containers in the manner as specified in the schedules.

Battery Waste Management

Battery Waste Management Rules, 2022
The rules cover all types of batteries, such as electric vehicle batteries, portable
batteries, automotive batteries, and industrial batteries. The rules adopt the concept of
Extended Producer Responsibility (EPR), where the producers of batteries are
responsible for collection and recycling/refurbishment of waste batteries and use of
recovered materials from wastes into new batteries. The rule also mandating the
minimum percentage of recovery of materials from waste batteries is provided under the
rules. The rules prescribing the use of a certain number of recycled materials in the
making of new batteries is envisaged and online registration and reporting, auditing, and
a committee for monitoring the implementation of rules are salient features of rules for
ensuring effective implementation and compliance.

Summary

In this module we have

 Learnt about environmental legislations
 Understood the various principles of environmental law.
 Learnt about pollution control and protecting the environment

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