UNIT V LEGAL FRAMEWORKS 9

Need for a Legal framework and its enforcement, Legal measures to control pollution, Environmental
Legislations in India, Mechanism to implement Environmental Laws in India, Legal Protection of
Forests Act 1927, Legal Protection of Wild Life, Role of NGO’s in implementing environmental laws,
Challenges in the implementation of environmental legislation

LEGAL FRAMEWORKS:
Legal frameworks comprise a set of documents that include the constitution, legislation, regulations,
and contracts. How these documents relate to one another, which has more force than the other, is
often referred to as a legal hierarchy, as illustrated in the pyramid below.

What are the legal requirements for setting up NGOs?

NGO can be registered as Section 8 company with benefits such as credibility, tax exemptions, and
limited liability. Requirements include a minimum of two directors and non-profit objectives in MOA.
Process includes obtaining DSC, DIN, and filing specific forms. Non-compliance penalties range from
fine to revocation.

What is the legal status of NGO?

These organisations are not a part of the governement, have a legal status and are registered under
the specific Act (Societies Registration Act, 1860 in India) of the government.

1)Need for a Legal framework and its enforcement:

These factors contribute to illegal land allocation and forest conversion, including for the expansion
of commercial agriculture.

Addressing these issues requires understanding of gaps and weaknesses of legal frameworks
governing land allocation, land use and forest conversion. Independent monitoring of the
implementation of relevant legal frameworks by non-state actors is fundamental to spurring
governance reforms. Providing legal compliance incentives for forest and agriculture sector actors
also supports deforestation-free commodity production and related trade, and promotes better land-
use governance.

The work of the EU REDD Facility provides lessons and experiences in clarifying legal frameworks and
incentives for compliance at subnational and national levels.

To further enhance the participation of stakeholders in forest and land-use governance processes,
the EU REDD Facility also supported the application of EFI’s Forest Governance Index (FGI) in
Cameroon, Côte d’Ivoire, the Democratic Republic of the Congo, Indonesia and the Republic of the
Congo. The FGI is a tool for assessing and monitoring the governance aspects relevant to the
management, protection, and conservation of forests. Among other governance aspects, the FGI
assesses the existence of robust and comprehensive legal frameworks and their application.

Action

Integrating customary forests in Indonesia’s legality assurance system

Introduction

The EU REDD Facility, hosted by the European Forest Institute, is conducting in collaboration with the
Indonesian Civil Society Organisation KARSA (Lingkar Pembaruan Desa dan Agraria) a study to assess
options for legal and sustainable production and trade of timber from customary forests. The focus
will be on integration of customary forests into Indonesia’s timber legality assurance system (Sistem
Verifikasi Legalitas Kayu – the SVLK). The study will inform subnational multi-stakeholder dialogues
and national-level policy process on customary forests and legal timber production.

The opportunity

Recent research suggests that supporting forest management by indigenous peoples or customary
groups helps reduce deforestation in tropical countries. The first step toward customary group-led
sustainable forest management is often recognising customary groups’ forest tenure rights. In
Indonesia, a landmark 2013 ruling of the Indonesian Constitutional Court allows customary groups to
claim forest ownership. One estimate suggests that customary groups have a claim to more than 7
million hectares currently classified as state forestland.

A preliminary analysis by the EU REDD Facility indicates several legal pathways to achieve the
objectives of the ruling. However, they result in different forms of recognition, with land either
staying within state forestland or being excised. The process set out under Forestry Law and
administered by the Indonesian Ministry of Environment and Forestry currently offers the most well
developed route for customary forest recognition.

The Ministry of Environment and Forestry has formulated several policies to accommodate the
customary forest recognition process. However, further institutional and/or financial support, as well
as regulatory clarifications, are needed to accelerate the process and ensure that the policies are
beneficial for customary groups.
There are many ways in which customary groups protect, manage, and utilise their forests. For
example, some rely on logging and the timber trade to support their livelihoods. Developing specific
legality and sustainability definitions for timber production in customary forests could therefore help
enhance social, economic, and environmental benefits from customary forest management.

Without an operational scheme for customary forests under SVLK, customary groups
in Indonesia cannot legally sell or transport timber. The SVLK is a mandatory legality and
sustainability certification system built on a national multi-stakeholder consensus that is also
accepted under the Voluntary Partnership Agreement (VPA) between Indonesia and the European
Union (EU) on Forest Law Enforcement, Governance and Trade (FLEGT). In fact, the VPA text explicitly
states that “changes in the procedures for utilisation and/or administration of timber from
Customary Forests, to address implementation of Constitutional Court Decision (MK) No
35/PUU-X/2012, shall be introduced after the adoption of related implementing legislation”.
Amending the SVLK to potentially integrate timber from customary forests as per the VPA’s mandate
would advance equity by opening livelihood opportunities for customary groups, while also reducing
illegality, deforestation, and forest degradation.

The objective

Under this project, the EU REDD Facility and KARSA are providing analysis and holding consultations
in support of a review of the SVLK legality definition to potentially accommodate customary forests,
in order to promote sustainable customary forest management, protect against forest conversion
and reduce related carbon emissions, and improve the prosperity of customary groups in Indonesia.

The approach

The project approach to meet the objective is to:

1. Assess regulatory, technical, administrative, and capacity related requirements for customary
forest recognition and integration into SVLK.

2. Conduct comparative analyses of timber production by customary groups under various

existing legal systems.

3. Hold subnational level consultations on customary forests and legal timber production.

4. Engage with national and sub-national policy-makers to explore potential regulatory changes
to enable sustainable commercial timber production in customary forests.

2) Legal measures to control pollution

The industries, pharmaceuticals and other manufacturing units while carrying out their process of
manufacturing not only utilise their raw materials from the environment but also the output of the
whole process releases emissions that cause severe environmental pollution. The environmental
pollution or harm caused by these emissions can be termed as an ‘externality’. This externality can
only be internalised with the help of legal instruments. If there were no laws or regulations, the
industries would only focus on carrying out their manufacturing process and achieve outputs. They
wouldn’t care about its effect on the environment. Only with the legal instruments in place, do these
industries set up treatment plants, carry proper disposals and remain responsible.

Legal instruments help in regulating standards related to abating environmental pollution. But these
instruments are designed keeping in mind that the standards include economic premises and are
cost-effective to be followed. This article would critically analyse the legal instruments that are
designed to curb environmental pollution in India and address their shortcomings.

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

The Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Water Act)
aims to prevent and control water pollution, thereby maintaining the quality of water resources and
restoring/ improving aquatic life.

 The Act prohibits the discharge of sewage, waste, and effluents into water bodies on which
public life is dependent like lakes, reservoirs, etc.

 The Act creates Central Pollution Control Board and State Pollution Control Board to
implement the provisions, regulate and intervene in any activity violating the provisions,
carry out cleanliness programmes of water bodies like streams, wells, lakes and release
notifications under the Act to protect water resources and abate water pollution.

 The Act provides penalty and imprisonment from not less than one year and six months to
six years.

 The definition of ‘pollution’ provided by the Act is noteworthy. It defines pollution as any
contamination of water or alteration of its properties by the discharge of any harmful or
poisonous substance including sewage or effluent that creates a nuisance or injury or harm
to public health, aquatic life and prohibits legitimate use and consumption of water. The
definition assures that the pollution caused by the industrial and trade activities fall well
within the ambit of water pollution so that they adopt cleaner technologies and carry out
efficient treatment of trade effluents before discharge, failing which the Act presupposes the
fault and imposes strict liability for environmental pollution.
  The Boards constituted under this Act have been granted certain powers and functions which
are extremely important for the successful implementation of this law. They are supposed to
lay down, add or omit regular standards for reducing and remedying water pollution. In
order to keep up with the economic standards, proper valuation is required. To achieve that,
the boards have the duty to collect, compile and publish technical and statistical data relating
to water pollution. Based on these data, they devise preventive measures and regulatory
standards relating to the treatment and disposal of sewage and trade effluents.

 These provisions reflect the importance of research and analysis in pollution laws. Their
function is to evolve economical and reliable methods of treatment of waste disposal. For
this reason, the boards are allowed under the Act to periodically release notifications for
upgrading the standards, eradicating obsolete standards and adopting new techniques.

However, the Act is not a perfect piece of legislation and suffers from a few flaws. The same is being
highlighted hereunder. These flaws interfere with the economic efficiency of the legal instruments in
the following ways:

 Groundwater is the main source of drinking water in India and the Water Pollution Act to our
surprise does not talk about groundwater contamination.

 Municipalities in every city have the primary responsibility for treating residential wastes.
While the Act mentions provisions related to it, ironically leaves the Municipalities free from
direct liability. We have seen how imposing liability remains an important economic factor to
reduce pollution. It gives a sense of control and assures the fulfilment of obligations. But
since municipalities remain free from direct liability, it gives a setback to the efficiency of the
provision related to residential waste.

 Along with liability, stringent safety standards must be prescribed failing which makes the
doer a defaulter automatically. But the Act provides real flexibility to government services. If
the head of a polluting unit proves that the offence was committed without his knowledge or
irrespective of his due diligence, he would not be punished.

 The victims have a locus standi but the Act fails to recognise this. Charges on manufacturing
units can be brought by the Boards and not the victims.

 Penalties should be determined from case to case basis depending upon the scale of harm
done, the number of people affected, and the extent to which environmental damage has
been done. These take economic principles in view while determining the same. But the
penalties here are pre-determined which can provide the manufacturing units with a lot of
room to be careless with the prescribed standards.

 Lastly, the Boards have some major functions to be performed under the Act. Therefore, they
should be funded well not just for implementation of the provisions of the Act but also for
research and development.

Forest (Conservation) Act, 1980

The Act was enacted to protect the forest and biodiversity of the country by preventing
deforestation. The Act emphasizes afforestation and conservation. The Act allows for diversion of
forest areas for non-forest use in development needs such as laying down roads or railways, the
building of dams for water and electricity, defence or mining projects. And rehabilitation is a must in
all these cases. This is a perfect example of enacting a law with a sustainable development approach.
Protecting forests go hand in hand with the utilisation of forests for development projects but only
with the nod of the government agencies.

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

The Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the Air Act)
recognised the principles enunciated in the Stockholm conference and contained provisions related
to the preservation of quality of air and control of air pollution. It defines ‘air pollution’ as the
presence of any hazardous substance in any form that can be harmful or injurious to human health,
living creatures, and the environment. Similar to the Water Pollution Act, this Act too provides for
the constitution of Central and State Boards and gives them certain powers and functions. The
Central Board has to lay down standards for the quality of air. The State Board has the power to
prohibit operation, to close down or regulate the industry in case of any violation of rules.

The other powers and functions of the Boards are not being discussed again since they are very
similar to that of the Water Act, 1980, based on similar principles. The Act provides penalty and
imprisonment from not less than one year and six months to six years. The Act continues to suffer
from more or less the same flaws as in the Water Act such as predetermined meagre penalties,
officials exempted from liability if due diligence proved, victims unable to sue the polluting
industries. These shortcomings do interfere with the remedying of air pollution.

The Environment Protection Act, 1986

Another Act that reflects the principles enunciated in the Stockholm conference is the Environmental
Protection Act 1986. It is also to be pointed out that the Act came into existence in the wake of the
disaster created by the Bhopal Tragedy case. The Act covers environmental quality, increasing
pollution, loss of vegetative cover, declining biological diversity, contamination of air and water with
poisonous substances and chemicals, instances of environmental hazards, and accidents that affect
public health. Since the Act focuses on the protection of the overall environment and not just air and
water, it is, therefore, more of a wholesome piece of legislation and currently the most important
Environmental legislation of our country.

Pollution control boards and their working mechanism

When it comes to pollution control, the bodies for monitoring and implementing laws are the Central
Pollution Control Board and the State Pollution Control Boards. In accordance with the provisions of
the Air Act and the Water Act, the primary thing done by these Boards is laying down ambient
standards for air and water quality. The Boards monitor that these standards are followed stringently
be it industrial units or vehicles running on the road. The purpose is to achieve the macro goals of
environmental protection policy by the micro operational nature of the laws. In order for this to
work, it is important that the Boards carry out the valuation of damage by pollution and laying down
which standard of quality would help in the reduction of this damage thereby creating an acceptable,
healthy environment. Therefore, the CPCB carries research and studies undertaken by technical
institutions to determine a proper estimate of the costs involved and technologies to be used.

Environmental Legislations in India:

When did environmental legislation start in India?

 India's journey towards environmental legislation can be traced back to the early 20th
century when concerns about pollution and resource depletion began to emerge. However, it
was not until the 1970s and 1980s that comprehensive legal frameworks were established to
address environmental issues systematically.

What is environmental law in India?

 Environmental law in India is based on principles of environmental law and focuses on the
management of certain natural resources such as minerals, forests, and
fisheries. Environmental law in India directly reflects the provisions of the Constitution.

Who enforces environmental laws in India?

 The Ministry of Environment, Forest and Climate Change ( MoEF ), along with the Central
Pollution Control Board ( CPCB) and State Pollution Control Boards ( SPCBs) of each state
administer and enforce environmental laws in India.

Environmental law is an integral part of any government agency. It includes a series of laws and
regulations related to water quality, air quality, and other environmental aspects. The success of
environmental legislation mainly depends on how they are implemented. Legislation is also a
valuable tool to educate people about their responsibility to maintain a healthy environment.
Environmental law in India is based on principles of environmental law and focuses on the
management of certain natural resources such as minerals, forests, and fisheries. Environmental law
in India directly reflects the provisions of the Constitution. The need to protect and maintain the
environment and make sustainable use of natural resources is reflected in India’s constitutional
framework and India’s international obligations.

What is environmental legislation

Environmental legislation is a collection of laws and regulations related to water quality, air quality,
endangered wildlife, and several other environmental factors. Environmental legislation covers many
laws and regulations, but they all work towards a common goal of regulating human-nature
interactions to reduce threats to the environment and improve public health. As we can imagine,
environmental legislation is broad, mainly because the natural environment encompasses several
aspects. All this means that environmental law must take into account everything from the air we
breathe, to the natural resources we depend on, to the flora and fauna that share this world with us.

After so much interconnection with each other, it becomes important for us to understand
environmental legislation because we all share the same resources.

Climate change in India

If we take the example of India, then it is one of the countries most affected by climate change.
About half of India’s population depends on agriculture or other climate-sensitive sectors.
About 12% of India is prone to floods and 16% to droughts. India is now the world’s third-largest
emitter of greenhouse gases after China and the United States. From 1990 to 2009, India’s annual
emissions nearly tripled, from less than 600 tons to more than 1,700 tons. From 2008 to 2035, India’s
annual carbon emissions are expected to increase nearly 2.5 times. Net greenhouse gas emissions
from India’s land use, change, and forestry in 2007 was 1,727.71 million tons of carbon dioxide.
While the energy sector accounts for 8% of net CO2 emissions, the industrial sector, agriculture, and
waste sectors account for 22%, 17%, and 3% of net CO2 emissions, respectively. As a result, climate
change and energy are now the focus of local, state, and national concerns around the world. While
India has previously emphasised that it is a developing country with historically low per capita
emissions rates and is not responsible for past greenhouse gas emissions, India has now become a
key player in international negotiations. It has begun implementing a diverse set of laws, improving
energy efficiency, developing clean energy and preparing for the impacts of climate change nationally
and individually.

Laws related to environment in India

At the national level, some remarkable efforts have been made to improve and protect the
environment by incorporating Amendments into the Indian Constitution. Our Constitution initially
did not directly provide for the protection of the natural environment. However, following the United
Nations Conference on the Human Environment in Stockholm in 1972, the Indian Constitution was
amended to include environmental protection as a constitutional mandate. The 42nd Amendment
clause (g) of Article 51A of the Constitution of India states that protecting and improving the natural
environment is a fundamental duty. Every citizen of India has a duty to protect and improve the
natural environment, including lakes, forests, wildlife, and rivers, and to be sympathetic to living
things. A policy or directive is empowering the state as one of the Directive Principles of State Policy
sets out to protect and improve the environment.

Article 48A stipulates: The state strives to protect and improve the environment and secure the
country’s forests and wild animals. The Ministry of Environment was established in India in 1980 to
ensure a healthy environment in the country. Later, this became the Ministry of Environment and
Forests in 1985. The Ministry has overall responsibility for the management and enforcement of
environmental legislation and policies. Constitutional provisions are backed by a series of laws – Acts
and Rules. Most of our environmental laws are Acts of Parliament or State Legislatures. These Acts
generally give regulators the power to make regulations to enforce them. The Environmental
Protection Act (EPA) of 1986 came into effect shortly after the Bhopal Gas tragedy and is considered
protective legislation because it filled many gaps in existing legislation.

The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

These rules stipulate the necessary conditions to reduce noise pollution and allow the use of
loudspeakers or public address systems during cultural or religious celebrations at night (between
10:00 p.m. and midnight).

Here are the key features of the Amendment:

 Loudspeakers, sound systems, or amplifiers should not be used at night except in enclosed
spaces such as auditoriums, meeting rooms, community halls, banquet halls, etc., or during
public emergencies.

 Noise levels at public spaces where loudspeakers or public address systems are being used
should not exceed 10 dB or 75 dB of the area’s ambient noise standard, whichever is less.

 No horn should be used in the residential area except during an emergency.

 Sound emitting construction equipment will not be used at night.

The Air (prevention and control of pollution) Act, 1981

The Act aims to control and prevent air pollution in India, and some of its main objectives are:

 Prevent, control, and reduce air pollution.

 To provide for the establishment of boards to enforce the law at the federal and state levels.
Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB) were given
the responsibility.

It is stipulated that air pollution sources such as internal combustion engines, industries, vehicles,
and power plants shall not contain particulate matter, lead, carbon monoxide, sulfur dioxide,
nitrogen oxides, or volatile organic compounds (VOCs) or other toxic substances exceeding specified
limits. It empowers state governments to designate air pollution areas.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
(FRA)

The Act recognizes and grants the forest rights and occupation in forest lands to Forest Dwelling
Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) who have lived in such
forests for generations. The Act is chaired by the Department of Tribal Affairs. The law also stipulates
the responsibilities and powers for the sustainable use of FDST and OTFD, the protection of
biodiversity, and the maintenance of ecological balance. It strengthens forest protection systems
while ensuring livelihoods and food security for FDST and OTFD. It aims to correct the colonial
injustice of the FDST and OTFD, which are critical to the survival and sustainability of forest
ecosystems. The law identifies four types of rights:

 Title rights: It gives the FDST and OTFD the right to own land cultivated by tribes or forest
dwellers up to a maximum area of 4 hectares. Ownership only applies to the land cultivated
by the relevant family and does not grant new land.

 Right to use: Dweller rights extend to the extraction of smaller forest products, pastures,
pasture paths, etc.

 Forest management rights: It includes the right to protect, regenerate, conserve or manage
all community forest resources that traditionally protect them and preserve them for
sustainable use.

 Relief and development rights: Rehabilitation in case of illegal eviction or relocation and
essential amenities are subject to restrictions for forest protection.

The Forest (Conservation) Act, 1980

Forests are an essential resource endowed by nature to human beings. Therefore, protecting the
forest ecosystem is the responsibility of every citizen. But rapid deforestation disrupts the cycle of
nature itself. Therefore, it is necessary to enact laws to protect forests. The main objective of
the Act is to protect forests and their flora, fauna, and other diverse ecological components while
preserving the integrity and territory of the forests. Furthermore, forest land is prevented from being
converted for agricultural, grazing, or other commercial uses and intentions.

The Wildlife Protection Act, 1972

The Act protects the nation’s wildlife, bird and plant species to ensure environmental safety. Among
other things, the law imposes restrictions on hunting many animal species. The law was last
amended in 2006. An Amendment was submitted to the Rajya Sabha in 2013 and referred to the
Standing Committee but was withdrawn in 2015.
In India, the Wildlife (Protection) Act 1972 safeguards and protects wild animals. The law is a product
of a time when environmental jurisprudence is rapidly developing in India and deserves due credit
for judicial activism. The enactment of this law acknowledges that all previous laws, such as the Wild
Birds and Animals Protection Act of 1912 were inadequate. The current law is comprehensive and
covers mostly all the gaps that existed in the previous law.

However, there are still substantial gaps in the applicable law. There is a vacuum between theoretical
laws and practical implementation. In addition, the aim of the law is diluted by bureaucratic
interference.

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

The Water (Prevention and Control of Pollution) Act, 1974 was enacted to prevent and control water
pollution and maintain or restore water health in the country. The law was amended in 1988. The
Water (Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the levy of
taxes on water used by persons engaged in certain types of industrial activities. Under the Act, it was
levied to augment the resources of the Central and State Commissions to prevent and control water
pollution. The law was last amended in 2003.

The purpose of enacting the Water Act is to prevent and control water pollution in India. Pollution
means the contamination of water, or the alteration of the physical, chemical, or biological
properties of water, or the discharge of sewage or commercial sewage or other liquids, gases, and
solids (whether directly or indirectly) into the water, or as apposite to cause a nuisance or harmful to
public health or safety or domestic, commercial, industrial, agricultural or other lawful uses or the
life and health of an animal or plant or aquatic tissue.

Water pollution is a big problem in India, and its control and prevention are other big problems. So
far, we have not been able to raise awareness of the importance of water conservation. The law, of
course, provides for various authorities that will work to prevent this; the law provides various
complaints procedures and the powers of various agencies. However, more work needs to be done
to make the law more comprehensive, involve more local people, and make it a strong deterrent
with heavier penalties. Most importantly, more emphasis should be placed on the enforcement
aspect, as pollution can not only be controlled through legislation but also must be adequately
enforced.

The Ozone-Depleting Substances (Regulation And Control) Rules, 2000

The Ozone-Depleting Substances (Regulation And Control) Rules, 2000 sets deadlines for phasing out
various ozone-depleting substances (ODS) and regulating the production, commercial import, and
export of products containing ODS. These regulations prohibit the use of ODS and
Chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and methyl chloroform, except for
metered-dose inhalers and other medical uses.

Mechanism to implement Environmental Laws in India:

Environmental degradation poses a significant threat to ecosystems, biodiversity, and human well-
being, necessitating robust legal frameworks to address environmental challenges effectively. In
India, a rapidly developing nation with diverse ecosystems and a large population, environmental
laws play a crucial role in regulating human activities, preserving natural resources, and promoting
sustainable development. This introduction provides an overview of environmental laws in India,
highlighting their evolution, objectives, and significance in safeguarding the environment and public
health. India's journey towards environmental legislation can be traced back to the early 20th
century when concerns about pollution and resource depletion began to emerge. However, it was
not until the 1970s and 1980s that comprehensive legal frameworks were established to address
environmental issues systematically. Key milestones in India's environmental legislation include the
Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution)
Act, 1981, and the Environment (Protection) Act, 1986.

These laws laid the foundation for environmental governance in India, setting out regulatory
mechanisms for pollution control, natural resource management, and conservation efforts.

The objectives of environmental laws in India are multifaceted, encompassing pollution prevention,
environmental impact assessment, conservation of biodiversity, and promotion of sustainable
development.

These laws aim to regulate industrial activities, waste management practices, land use planning, and
development projects to minimize adverse environmental impacts and promote the sustainable use
of natural resources. The significance of environmental laws in India extends beyond regulatory
compliance; they also serve as instruments for environmental justice, public participation, and
accountability. The judiciary plays a crucial role in environmental protection through judicial activism,
public interest litigation (PIL), and the enforcement of environmental laws. Civil society organizations,
environmental activists, and concerned citizens also play an important role in advocating for
environmental justice and holding authorities accountable for environmental degradation. Despite
the existence of comprehensive legal frameworks, challenges in the implementation and
enforcement of environmental laws persist. Inadequate regulatory capacity, bureaucratic hurdles,
lack of public awareness, and limited resources pose significant obstacles to effective environmental
governance. Addressing these challenges requires concerted efforts from policymakers, regulators,
civil society, and the public to ensure the effectiveness of environmental laws and promote
sustainable development in India.

Evolution of Environmental Legislation:

The evolution of environmental legislation in India demonstrates the nation's acknowledgment of
the critical importance of environmental protection and sustainability amidst rapid industrialization,
urbanization, and population growth.

Spanning from the early 20th century to the present, India has enacted a series of laws and
regulations to confront environmental challenges and promote sustainable development.

Early initiatives in the 20th century, such as the Bombay Smoke Nuisance Act of 1912 and the Indian
Forest Act of 1927, aimed at controlling air pollution and conserving natural resources, respectively,
laid the groundwork for subsequent legislative efforts.

In the post-independence era, India's focus on economic development led to rapid industrialization
and urbanization, resulting in environmental degradation.
In response, legislation such as the Factories Act, 1948, and the Mines and Minerals (Development
and Regulation) Act, 1957, were enacted to regulate industrial and mining activities and minimize
environmental impacts.

The 1970s and 1980s witnessed a significant expansion of environmental legislation in India, with
the introduction of key acts like the Water (Prevention and Control of Pollution) Act, 1974, and the
Air (Prevention and Control of Pollution) Act, 1981, aimed at addressing water and air pollution.

The Environment (Protection) Act, 1986, marked a significant milestone in India's environmental
legislation, providing a comprehensive framework for environmental protection and conservation. It
empowered the central government to take measures to protect and improve environmental quality
and established regulatory bodies like the CPCB and SPCBs.

The adoption of the National Environment Policy (NEP) in 2006 emphasized the integration of
environmental considerations into sectoral planning and decision-making processes, recognizing the
interconnectedness of environmental, social, and economic dimensions of development.

Recent developments in India include initiatives such as the National Clean Air Program (NCAP),
National Action Plan on Climate Change (NAPCC), and Swachh Bharat Abhiyan, reflecting the
government's commitment to addressing emerging environmental challenges through targeted
interventions and policy measures.

Key Environmental Laws and Regulations: India's environmental legislation comprises a robust
framework aimed at protecting and conserving natural resources, controlling pollution, and
promoting sustainable development. Key environmental laws and regulations play a crucial role in
addressing various environmental challenges and ensuring the well-being of both present and future
generations.

The Environment (Protection) Act, 1986, serves as the cornerstone of India's environmental
legislation, providing a comprehensive framework for environmental protection and conservation.

It empowers the central government to issue regulations, establish regulatory bodies like the CPCB
and SPCBs, and address a wide range of environmental issues, including air and water pollution,
hazardous substances management, waste management, and biodiversity conservation.

The Water (Prevention and Control of Pollution) Act, 1974, focuses on preventing and controlling
water pollution by regulating the discharge of pollutants into water bodies.

Legal Protection of Forests Act 1927, Legal Protection

of Wild Life, Role of NGO’s in implementing
environmental laws
The Indian Forest Act was first enacted in 1865. The Indian Forest Act was amended in 1878 and
once again it was amended in 1927. The Indian Forest Act, 1927 did not focus on the conservation of
forests, rather the laws of the British Colonial Government focused on control of extraction of timber
from the forests.

Forests are considered as a pivotal natural resource of our nation as they help in supplying raw
materials to the industry such as wood, minerals and timber, provide fuel and fodder, serve as the
guardians and protectors of the diverse wildlife of our country, bring revenue to the state as quite a
lot of them are major tourist attractions, prevent soil erosion, provide shelter to animals and tribal
people and maintain balance of the ecosystem.

Sadly, these forests have been disappearing at an alarming rate and are being exploited badly in the
last few decades. These forests should be covering 33% of the total land area as per India's accepted
ideal but in reality, our forests and vegetation cover only 21.67% of the total land area. Clearly, the
vegetation cover much less than what is accepted and required.

There are a lot of factors that have contributed to this alarming exploitation of the vegetation of our
nation such as growth in population, industrialization, urbanization and demanding more natural
resources such as wood, fuel and fodder. Therefore, it is imperative to have laws and legislations that
should control and govern the usage of forests and vegetation of our nation to protect and preserve
them. For the purpose of this article, we shall be discussing The Indian Forest Act 1927 and how it
imposes control over forests, forest-produce and their usage.

The governance over forests was originally placed in the State List but by the 76th Amendment, it
was placed in the concurrent list. Therefore, the forests of our country are governed by both, the
Union and the States. In this article, we are going to discuss the history of forests in India, laws and
legislations to protect and preserve forest and the restrictions on the usage of forests.

Indian Forest Act of 1927 - An Overview

The Indian Forest Act was first enacted in 1865. The Indian Forest Act was amended in 1878 and
once again it was amended in 1927. The Indian Forest Act, 1927 did not focus on the conservation of
forests, rather the laws of the British Colonial Government focused on control of extraction of timber
from the forests.

This article will provide information about the Indian Forest Act, 1927 in the context of the IAS Exam.

This is useful for the Environment (GS III paper) section of the UPSC Syllabus.

The candidates can read more relevant information for their upcoming exams from the links provided
below:

Environmental Tax Discussion on Rights of Forest Dwellers: RSTV – In

Depth
 Forest Right Act, India (FRA), 2006 – Salient National Action Plan on Climate Change (NAPCC)
Features

India State of Forest Report, 2019 Forest Survey of India

Indian Forest Act – Reasons for Implementation of New Forest Laws

 The British wanted forests in order to meet the demands of the massively expanding
railways.

 Expansion of railways was very important for the movement of Imperial troops and to carry
out trade.

 Wood was needed to lay down railway sleepers, and it also served as fuel for running
locomotives.

 There was a problem of timber supply for the Royal British Navy. They needed wood to build
their ships in order to protect their massive empire.

 The British were worried about the use of forests in India by the local people.

 All these reasons led to the implementation of forest laws by the Colonial British
Government.

Indian Forest Act – Division of Forests into 3 Categories

As per the Indian Forest Act of 1878, the forests in India were divided into 3 different categories.

 Reserved Forests

 Protected Forests

 Village Forests

Villagers could not take anything from the Reserved Forests for their own use. Villagers could use the
forest products only from the village forests and protected forests, either to build their house or for
fuel.

Impact of Indian Forest Act on Villagers Across the Country

There was a very severe negative impact on villagers across the country due to the Indian Forest Act
of 1927.

 Fishing, hunting, collecting roots and fruits, grazing the cattle, and cutting wood became
illegal activities.

 Due to the restrictions imposed by Indian Forest Act, villagers were compelled to steal wood
by entering forests without permission.

 The villagers were forced to offer bribes to forest guards as they were at the mercy of these
forest guards who would capture these villagers.

 The villagers were also harassed to give free food to these forest guards and police
constables.
Indian Forest Act – Impact on Cultivation

Through the Indian Forest Act, the British colonial government decided to ban shifting
cultivation, which was practiced by villagers. This resulted in forcible displacement of many
communities from their homes in forests.

 Villagers used to practice shifting cultivation.

 The British believed that the practice of shifting cultivation would affect the supply of timber
for railways.

 They also thought that valuable timber would be lost in flames, as shifting cultivation
involved cutting forest and burning them in rotation.

 The Government also found it difficult to calculate the taxes due to shifting cultivation.

 As a result shifting cultivation was banned by the Government.

Indian Forest Act – Loss of Livelihoods for Nomads

 Many nomadic communities like the Yerukula of the Madras Presidency, Korava, and Karacha
lost their livelihoods due to the restrictions imposed on hunting and grazing by the local
people. Some of the tribes were branded as ‘criminal tribes’.

 Under strict supervision of the British colonial government, they were forced to work in
mines, factories and plantations.

 Workers were not allowed to visit their homes, their working conditions were very poor and
their wages were very low.

 The tea plantations in Assam had workers from forest dwelling communities like Gonds of
Chhattisgarh, Oraons and Santhals of Jharkhand.

Indian Forest Act – Rebellion in the Forests

 Forest Communities in different parts of India rebelled against the British colonial
Government due to the restrictions imposed on them.

 Some of the most popular leaders who carried out rebellion in forests were Alluri Sitarama
Raju of Andhra Pradesh, Birsa Munda of Chhotanagpur, Siddhu and Kanu in the Santhal
Parganas.

Forest Conservation in India

 To address the problem of deforestation, the Forest Conservation Act (FCA), 1980, came into
force.

 The Forest Conservation Act was amended twice in 1988 and 1996.

Legal Protection of Wild Life:

Many people are under the impression that India does not have strong wildlife conservation laws. On
the contrary, we have some of the most stringent legislations to protect wildlife and habitats. It is
imperative that all conservationists familiarize themselves with these laws, so that they can
contribute effectively.

It is also vital to understand which institutions control land in India before any conservation
interventions can be attempted in any landscape.

The legal status of the land must first be ascertained so that one can engage with the correct
authorities or agencies.
The Government of India has introduced various types of legislation in response to the growing
destruction of wildlife and forests. These are:

1. The Wildlife (Protection) Act, 1972 (Last amended in 2006)

The Wildlife (Protection) Act (WLPA), 1972 is an important statute that provides a powerful legal
framework for:

 Prohibition of hunting

 Protection and management of wildlife habitats

 Establishment of protected areas

 Regulation and control of trade in parts and products derived from wildlife

 Management of zoos.

The WLPA provides for several categories of Protected Areas/Reserves:

 National Parks

 Wildlife Sanctuaries

 Tiger Reserves

 Conservation Reserves

 Community Reserves

National parks and Tiger Reserves are by law more strictly protected, allowing virtually no human
activity except that which is in the interest of wildlife conservation. Grazing and private tenurial
rights are disallowed in National Parks but can be allowed in sanctuaries at the discretion of the Chief
Wildlife Warden. The amended WLPA does not allow for any commercial exploitation of forest
produce in both national parks and wildlife sanctuaries, and local communities can collect forest
produce only for their bona fide needs.

No wild mammal, bird, amphibian, reptile, fish, crustacean, insects, or coelenterates listed in four
Schedules of the WLPA can be hunted either within or outside protected areas. On conviction, the
penalty for hunting is imprisonment for a period ranging from a minimum of three to a maximum of
seven years with fines not less than 10,000 rupees.

Community reserves and conservation reserves are two new categories of protected areas that have
been included under the WLPA. These two categories provide a greater role for local communities,
stakeholders and civil society as well as the opportunity to protect many areas of conservation value
that cannot be designated under strict categories such as wildlife sanctuaries or national parks.

The statute prohibits the destruction or diversion of wildlife and its habitat by any method unless it is
for improvement or better management and this is decided by the state government in consultation
with the National and State Boards for Wildlife.

The WLPA contains elaborate procedures for dealing with legal rights in proposed protected areas
and acquisition of any land or interest under this law is deemed as an acquisition for a public
purpose. However, with the enactment of The Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006, compliance of various provisions relating to
tenurial and community rights must be ensured.
Apart from protected area establishment, other important aspects of the WLPA include procedures
for the appointment of state wildlife authorities and wildlife boards, the regulation of trade in
wildlife products and the prevention, detection and punishment of violations of the WLPA.

The 2006 amendment introduced a new chapter (IV B) for establishment of the National Tiger
Conservation Authority and notification of Tiger Reserves (before this amendment, Tiger Reserves
were not defined under the law, but were merely administrative designations to enable funding
under Project Tiger).

The Wildlife Crime Control Bureau (WCCB) was constituted vide the 2006 amendment to monitor
and control the illegal trade in wildlife products.

The WLPA provides for investigation and prosecution of offences in a court of law by authorized
officers of the forest department and police officers.

2. The Indian Forest Act (1927) and Forest Acts of State Governments

The main objective of the Indian Forest Act (1927) was to secure exclusive state control over forests
to meet the demand for timber. Most of these untitled lands had traditionally belonged to the forest
dwelling communities. The Act defined state ownership, regulated its use, and appropriated the
power to substitute or extinguish customary rights. The Act facilitates three categories of forests,
namely

 Reserved forests

 Village forests

 Protected forests

Reserved forests are the most protected within these categories. No rights can be acquired in
reserved forests except by succession or under a grant or contract with the government. Felling
trees, grazing cattle, removing forest products, quarrying, fishing, and hunting are punishable with a
fine or imprisonment. Although the Indian Forest Act is a federal act, many states have enacted
similar forest acts but with some modifications.

3. The Forest Conservation Act (1980)

In order to check rapid deforestation due to forestlands being released by state governments for
agriculture, industry and other development projects (allowed under the Indian Forest Act) the
federal government enacted the Forest Conservation Act in 1980 with an amendment in 1988. The
Act made the prior approval of the federal government necessary for de-reservation of reserved
forests, logging and for use of forestland for non- forest purposes.

This powerful legislation has, to a large extent, curtailed the indiscriminate logging and release of
forestland for non-forestry purposes by state governments. While the federal government imposed
such strict restrictions, it did not simultaneously evolve a mechanism to compensate state
governments for loss of timber logging revenues. This anomaly coupled with increasing pressure for
land due to a burgeoning population has generated considerable resentment within state
governments resulting in growing pressure to dilute the restrictive provisions of the Act. The
Supreme Court of India has currently imposed a complete ban on the release of forestland for non-
forestry activities without the prior approval of the federal government.

4. The Environment (Protection) Act (1986)The Environment Protection Act is an important

legislation that provides for coordination of activities of the various regulatory agencies, creation of
authorities with adequate powers for environmental protection, regulation of the discharge of
environmental pollutants, handling of hazardous substances, etc. The Act provided an opportunity to
extend legal protection to non-forest habitats (‘Ecologically Sensitive Areas’) such as grasslands,
wetlands and coastal zones.

5. The Biological Diversity Act (2002) India is a party to the United Nations Convention on Biological
Diversity. The provisions of the Biological Diversity Act are in addition to and not in derogation of the
provisions in any other law relating to forests or wildlife.

6. National Wildlife Action Plan (2002-2016) replaces the earlier Plan adopted in 1983 and was
introduced in response to the need for a change in priorities given the increased commercial use of
natural resources, continued growth of human and livestock populations, and changes in
consumption patterns.

The Plan most closely represents an actual policy on protection of wildlife. It focuses on
strengthening and enhancing the protected area network, on the conservation of Endangered
wildlife and their habitats, on controlling trade in wildlife products and on research, education, and
training.

The Plan endorses two new protected area categories: “conservation reserves,” referring to corridors
connecting protected areas, and “community reserves”, which will allow greater participation of local
communities in protected area management through traditional or cultural conservation practices.
These new categories of protected areas are likely to bring in corridor areas under protection. The
Plan contains various recommendations to address the needs of local communities living outside
protected areas and outlines the need for voluntary relocation and rehabilitation of villages within
protected areas. The Plan recognizes the need to reduce human-wildlife conflict and emphasizes the
establishment of effective compensation mechanisms. It includes the restoration of degraded
habitats outside protected areas as a key objective.

7. National Forest Policy (1998) The National Forest Policy, 1988, (NFP) is primarily concerned with
the sustainable use and conservation of forests, and further strengthens the Forest Conservation Act
(1980). It marked a significant departure from earlier forest policies, which gave primacy to meeting
government interests and industrial requirements for forest products at the expense of local
subsistence requirements. The NFP prioritizes the maintenance of ecological balance through the
conservation of biological diversity, soil and water management, increase of tree cover, efficient use
of forest produce, substitution of wood, and ensuring peoples’ involvement in achieving these
objectives. It also includes meeting the natural resource requirements of rural communities as a
major objective. The NFP legitimizes the customary rights and concessions of communities living in
and around forests, stating that the domestic requirements of the rural poor should take precedence
over industrial and commercial demands for forest products.

Role of NGO’s in implementing environmental laws:

 Non-governmental Organisations (NGOs) have acquired an essential role in the

development of international environmental law. Their role is particularly relevant in
 the negotiations and proposal of new norms, as well as in the implementation and
monitoring of the application of international environmental law.
 Environmental NGOs began to operate on an international
scale, advocating for global agreements on climate change,
biodiversity, and sustainable development. Today, environmental
NGOs play a crucial role in the global environmental governance
landscape.


What are the challenges to implementing environmental laws/rules in India?

 Further, it states that one of the greatest challenges to implementing environmental
laws/rules is a lack of political will. The concern for environmental protection has
received a status of fundamental law of the land in India. The Indian constitution
provides the basic human right of every individual to live in pollution-free
environment.

 The Water [Prevention and Control of Pollution] Act, 1974

provides for the prevention and control of water pollution
and the maintaining or resorting of the integrity of water.
 This Act prohibits any poisonous, noxious or polluting
material from entering into any source, stream or well. This
Act provides for the formation of Central Pollution Control
Board in Center and the State Pollution Control Board in State. It is
mandatory that new industries are required to obtain prior approval
of such Boards before discharging any trade waste matter, sewages
into sources of water. No person shall, without the prior consent of
the Board, use a new or altered outlet for the discharge of sewage
or trade waste into any stream or well or sewer or land. The consent
of the Boards shall also be required for continuing an existing
discharge of sewage or trade waste matter into a stream or well or
sewer or land.

 In the Ganga Water Pollution case,4 the owners of some

tanneries near Kanpur were discharging their trade waste matter
from their industries in Ganga River without setting up primary
treatment plants. The Apex Court said that the financial capacity of
tannery factories should be treated as irrelevant, while they are
required to set up first aid plants. The Court directed to stop the
running of these tanneries and also not to let out trade waste
matter from the tanneries either directly or indirectly into the Ganga
river without subjecting the trade waste matter to a permanent
process by setting up primary treatment plants as approved by the
State Pollution Control Board.

 The Water [Prevention and Control of Pollution] Cess Act, 1977

aims to provide levy and collection of a cess on water consumed by
persons carrying certain industries, factories and local authorities to
boost the resources of the Central Board and the State Boards
constituted for the prevention and control of water pollution. The
object is to realize money from those whose actions lead to pollution
and who must bear the expenses of the maintaining and running of
such Boards. The industries and factories may obtain a rebate as to
the extent of 25 percent if they set up treatment plant of sewage or
trade waste matter or effluent.

Judicial Involvement

 The fundamental right of a person or citizen of India, to

pollution free environment is a part of basic jurisprudence of
the land. Article 21 of the Indian Constitution guarantees a
fundamental right to life and personal liberty and the
Supreme Court has interpreted the right to life and personal
liberty to include the right to natural, clean and
healthy7 environment. The Supreme Court through its
various landmark8 judgments in the field of environment
 have held that the mandate of right to life includes right to
clean and healthy environment, drinking–water and
pollution–free atmosphere.

 In this view Sri Ram Food and Fertilizer case 9 is an important

case. In this case a major leakage of Oileum Gas in Bhopal
affected a large number of persons, both amongst the
workmen and public.

 The Apex Court held that where an enterprise involves in

hazardous or inherently dangerous activity and in the
conduct of such dangerous and inherently dangerous
activity causes harm to anyone by accident resulting in the
release of poisonous gas, the enterprise shall strictly and is
solely accountable for paying recompense to all those
affected by the accident and such liability is not subject to
any exemption. Such liability called the „absolute liability‟.