Indian environmental law

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Indian environmental law concerns the law and policy of India concerning the protection of the environment, measures taken to reverse climate change and achieve a zero carbon economy.

Contents

Since the sixties concern over the state of environment has grown the world over. There has been substantive decline in environment quality due to increasing pollution, loss of vegetal cover and biological diversity, excessive concentration of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environment accidents and threats to life support systems. The Decision which were taken at united nation conference on the human conference on the Human Environment held in Stockholm in June 1972 were based on the world community's resolve to protect and enhance the environmental concerns. Although several measures had been taken for environmental Protection both before and after the Conference it was found necessary to enact a comprehensive law on the subject to implement the decision of the conference. Accordingly the Environment (Protection) Bill passed was introduced in the Parliament Various different areas of environmental protection have been covered by different laws, drawn up at different times.

Some of the areas covered include :-

As with environmental protection legislation in many countries, the regulations are only effective if they are properly enforced, which hasn't always been the case in India, for a number of reasons, some of which are down to local administrative authorities.

Because of the huge population of India, there have been enormous demands placed on the environment, with the regulations not proving to be entirely satisfactory in dealing with the tremendous pressures.

General protection

The Environment Protection Act, 1986. [1] is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards.

  1. Air pollution

Water

Legislation to protect water quality include:

Forests and wildlife

Waste management

See also

Notes

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<span class="mw-page-title-main">United States Environmental Protection Agency</span> U.S. federal government agency

The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

<span class="mw-page-title-main">Environmental protection</span> Practice of protecting the natural environment

Environmental protection is the practice of protecting the natural environment by individuals, groups and governments. Its objectives are to conserve natural resources and the existing natural environment and, where it is possible, to repair damage and reverse trends.

The Maharashtra Pollution Control Board implements a range of environmental legislation in the state of Maharashtra, India. The MPCB functions under the administrative control of Environment Department of the Government of Maharashtra.

<span class="mw-page-title-main">Polluter pays principle</span> Principle in environmental law

In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment. This principle has also been used to put the costs of pollution prevention on the polluter. It is regarded as a regional custom because of the strong support it has received in most Organisation for Economic Co-operation and Development (OECD) and European Union countries, and has a strong scientific basis in economics. It is a fundamental principle in US environmental law.

<span class="mw-page-title-main">United States environmental law</span> US environmental policy

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<span class="mw-page-title-main">Ministry of Environment (South Korea)</span>

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<span class="mw-page-title-main">Illinois Environmental Protection Agency</span> U.S. state government agency

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<span class="mw-page-title-main">Ministry of Ecology and Environment</span> Department of the State Council of the Peoples Republic of China

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The Karnataka State Pollution Control Board (KSPCB) is a legal entity entrusted for control of pollution in the Indian State of Karnataka. The Board regulates air, water and environmental pollution.

<span class="mw-page-title-main">Green-collar worker</span> Environmental-sector worker

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Environmental policy in China is set by the National People's Congress and managed by the Ministry of Environmental Protection of the People's Republic of China. Under the Ministry of Environmental Protection of the People's Republic of China, the Department of Policies, Laws, and Regulations is in charge of establishing and strengthening basic laws and policies such as environmental laws, administrative policies and economical regulations. It is also responsible for the development of national environmental protection policy and macro strategy.

<span class="mw-page-title-main">Environmental issues in India</span> Overview of the environmental issues in India

There are multiple environmental issues in India. Air pollution, water pollution, garbage, domestically prohibited goods and pollution of the natural environment are all challenges for India. Nature is also causing some drastic effects on India. The situation was worse between 1947 through 1995. According to data collected and environmental assessments studied by World Bank experts, between 1995 through 2010, India has made some of the fastest progress in addressing its environmental issues and improving its environmental quality in the world. However, pollution still remains a major challenge and opportunity for the country.

To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.

<span class="mw-page-title-main">Central Pollution Control Board</span> Indian central government agency

The Central Pollution Control Board (CPCB) of India is a statutory organization under the Ministry of Environment, Forest and Climate Change (Mo.E.F.C.C.). It was established in 1974 under the Water Act, 1974. The CPCB is also entrusted with the powers and functions under the Air Act, 1981. It serves as a field formation and also provides technical services to the Ministry of Environment and Forests under the provisions of the Environment (Protection) Act, 1986. It coordinates the activities of the State Pollution Control Boards by providing technical assistance and guidance and also resolves disputes among them. It is the apex organization in country in the field of pollution control, as a technical wing of MoEFCC. The board is led by its chairperson appointed by the Appointments Committee of the Cabinet of the Government of India. The current acting chairman is Shri Tanmay Kumar IAS and the Member Secretary is Bharat Kumar Sharma.

<span class="mw-page-title-main">Environment Protection Act, 1986</span> Bhopal Gas Tragedy and Aftermath

Environment Protection Act, 1986 is an Act of the Parliament of India. It was enacted in May 1986 and came into force on 19 November 1986. It has 26 sections and 4 chapters. The Act is widely considered to have been a response to the Bhopal gas leak. The Act was passed by the Government of India under the Article 253 of the Constitution of India, which empowers to union government to enact laws to give effect to international agreements signed by the country. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment. They relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an “umbrella” legislation that has provided a framework for the environmental regulation regime in India, which covers all major industrial and infrastructure activities and prohibits and regulates specific activities in coastal areas and eco-sensitive areas. The Act also provides for coordination of the activities of various central and state authorities established under other environment-related laws, such as the Water Act and the Air Act.

<span class="mw-page-title-main">Telangana Pollution Control Board</span>

The Telangana Pollution Control Board is an ministry of Government of Telangana. It is body of the Department of Health and Family Welfare, Government of the State of Telangana, India. The board is charged with enforcing laws related to environmental protection.

The National Green Tribunal (NGT) is a statutory body in India that deals with expeditious disposal of cases related to environmental protection and other natural resources. It was set up under the National Green Tribunal Act in 2010. India is the third country in the world, after Australia and New Zealand, to set up a statutory body for environmental protection.

References

  1. "THE ENVIRONMENT (PROTECTION) ACT, 1986". envfor.nic.in. Archived from the original on 13 June 2002. Retrieved 27 August 2015.
  2. "Archived copy" (PDF). Archived from the original (PDF) on 10 August 2013. Retrieved 13 November 2017.{{cite web}}: CS1 maint: archived copy as title (link)
  3. "THE INDIAN WILDLIFE (PROTECTION) ACT, 1972". envfor.nic.in. Retrieved 27 August 2015.
  4. Rhuks Temitope, "THE JUDICIAL RECOGNITION AND ENFORCEMENT OF THE RIGHT TO ENVIRONMENT:DIFFERING PERSPECTIVES FROM NIGERIA AND INDIA" [ permanent dead link ], NUJS LAW REVIEW, 2 January 2015
  5. Surendra Malik, Sudeep Malik (2015). Supreme Court on Environment Law (2015 ed.). India: EBC. ISBN   9789351451914.

Further reading