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INTRODUCTION
•Environment is a very broad field and is the topic of more

than 300 international conventions and thousands of
agreements and treaties.
•Legal aid plays very important role in raising people’s
awareness on environment .
•A large amount of air, water, noise pollution happen
everyday affecting the lives of large numbers of people,
leading to many diseases.
•People are often not sufficiently aware of their
environmental rights or their rights to legal aid to protect
their rights.
•The Constitution of India clearly states that it is the duty
of the state to ‘protect and improve the environment and
to safeguard the forests and wildlife of the country’. The
Department of Environment was established in India in
1980.This later became the Ministry of Environment and
Forests in 1985.
VARIOUS LEGAL AIDS –THE LAWS
RELATED TO PROTECTION OF
ENVIRONMENT
UNDER CONSTITUTION OF INDIA
• Article 21- “Right To Life”
• Article 38-”State TO Secure A Social Order For
Promotion OF Welfare Of The People”
• Article 48-A-“Protection And Improvement Of
Environment And Safeguarding Of Forests And
Wildlife”
• Article 51-A(g)-“Fundamental Duties :To
Protect And Improve Natural Environment.”
TYPES OF LAWS
• CONSERVATION RELATED LAWS
• POLLUTION CONTROL LAWS
CONSERVATION RELATED
LAWS
1. Indian forest act,1927
2. Forest conservation act,1980
3. Joint Forest Management Circular
(1990)
4. Wildlife Protection Act,1973
5. Coastal Regulation Zone
Notification (1991)
6. Acquaculture Authority
Notification(1997)
7. Biosafety And Recombinant DNA
Guidelines (1989)
8. Biological Diversity Act,2002
POLLUTION CONTROL LAWS
• Environment Protection
Act,(1986)
• Water Pollution Act,(1974)
• Air Pollution Act,(1981)
• Noise Pollution Act,(2000)
• Hazardous Substances and
Organisms Act, (1989)
• Climate Change Related – Ozone
Depleting Substance, (2000)
SOME MAJOR AND IMPORTANT LEGAL
AIDS
• ENVIRONMENT PROTECTION ACT, 1986
• ACTS OF WATER
• ACTS FOR AIR
• ACTS FOR FOREST WILDLIFE AND
BIODIVERSITY
• ACTS RELATED TO WASTE
• NOISE POLLUTION ACT
• SOME OTHER ACTS
THE ENVIRONMENT PROTECTION
ACT,1986
 Established to enact a comprehensive environmental
legislation especially after the BHOPAL GAS TRAGEDY.
 Enacted by Indian parliament as the ENVIRONMENT
PROTECTION ACT,1986 under article 253.
 This is an ‘umbrella legislation’, consolidated the
provisions of the water (prevention and control of
pollution) Act of 1974 and the air (prevention and control
of pollution) act of 1981.
 Establishment of PCBs to prevent, control and abate
environmental problem of pollution,
 In order to establish any new project or
modrenization/expansion of an existing project one has
to obtain prior “environmental Clearences” from MOEF.
ACTS OF WATER
• The water (prevention and control of pollution
act),1988
• The water (prevention and control of
pollution) rules,1975
pollution) cess act,1977
pollution) cess rules,1978
ACTS FOR AIR
• The Air (prevention and control of pollution)
Act,1981
• The Motor Vehicle Act,1988
• The Factories Act and Amendment in 1987
ACTS FOR FORESTS, WILDLIFE AND
BIODIVERSITY
• The Indian Forest Act,1927
• The Wildlife Protection Act,1972
• The Forest (conservation) Act,1980 and Rule
1981
ACTS RELATED TO WASTE
• The Hazardous wastes (management and Handling)
Rules,Amendments,2000, Draft Amendments 2002
• Manufacture, storage and Import of Hazardous
Chemical Rules,1989
• The Bio-Medical Waste ,Rules,1998
• Municipal Solid Wastes,Rules,2000
• Regulation on Recycling of Waste Oil and Non-ferrous
Scrap,1999
• The ozone Depleting Substances (Regulation ans
Control) act,2000
• The Batteries (management and Handling )Rule,2001
NOISE POLLUTION ACT,2002
This act was enacted in 2002 as
‘The Noise Pollution
(Regulation &
Control)(amendment) in order
to lay down such terms and
conditions as are necessary to
reduce noise pollution, such as
use of loud speakers or public
address system during night
hours (from 10:00pm to 6:00
pm) on or during any cultural or
religious festive occasion.
SOME OTHER ACTS…
1. The Indian Fisheries Act,1897
2. The River Boards Act,1956
3. The Coastal Regulation Zone
Notification,1991
4. The Atomic Energy Act,1982
5. The National Environmental Tribunal
Act,1995
6. The Public Liability Insurance Act,1991
PENALITIES
Under Environment Protection Act :
• Under section 15
 Imprisonment for 5 years or fine of rupees 1 lakh or
both.
 In case of failure to pay fine after 1 year, 5000 rupees
per day and 7 yrs imprisonment.
Under Wildlife Act
• Under section 51
 Imprisonment for 3 yrs.
Under Air
• Section 37
 Imprisonment for 6 months to 1 year or fine.
PROBLEMS IN ENFORCING
ENVIRONMENTAL LAWS
• Limited understanding and knowledge of
environmental laws among public in general.
• Complicated nature of laws.
• Lack of awareness.
• Modernization and short-term gains.
• Prioritized economic growth.
• Weak capacity of law.
• Fines imposed on companies are not taken
seriously.
SUGGESTIONS
• Amendment of laws into easy and detailed manner.
• Promotion measures should be identified.
• Reward mechanism.
• Increase in amount of fines imposed.
THANK YOU!!!

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INTRODUCTION

•Environment is a very broad field and is the topic of more

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