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Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend. Examples include economic development, wildlife conservation, and international relations.
Environmental protection, or environment protection, refers to the taking of measures to protecting the natural environment, prevent pollution and maintain ecological balance. Action may be taken by individuals, advocacy groups and governments. Objectives include the conservation of the existing natural environment and natural resources and, when possible, repair of damage and reversal of harmful trends.
The Indian Forest Service (IFS) is the premier forest service of India. .The IFS is one of the three All India Services along with the Indian Administrative Service (IAS) & the Indian Police Service (IPS). It was constituted in the year 1966 under the All India Services Act, 1951.
Environmental impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impact assessment" is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" (SEA) applies to policies, plans and programmes most often proposed by organs of state. It is a tool of environmental management forming a part of project approval and decision-making. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, and may be subject to judicial review.
There are four categories of protected areas in India, constituted under the Wildlife Protection Act, 1972. Tiger reserves consist of areas under national parks and wildlife sanctuaries. There are 53 tiger reserves in India. As of January 2023, the protected areas of India cover 173,629.52 square kilometres (67,038.73 sq mi), roughly 5.28% of the total geographical area of the country.
The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to socialjustice, economic welfare, foreign policy, and legal and administrative matters.
The Environment Protection and Biodiversity Conservation Act 1999(Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and culturally significant places. Enacted on 17 July 2000, it established a range of processes to help protect and promote the recovery of threatened species and ecological communities, and preserve significant places from decline. The Act is as of September 2024 administered by the Department of Climate Change, Energy, the Environment and Water. Lists of threatened species are drawn up under the Act, and these lists, the primary reference to threatened species in Australia, are available online through the Species Profile and Threats Database (SPRAT).
Joint Forest Management often abbreviated as JFM is the official and popular term in India for partnerships in forest movement involving both the state forest departments and local communities. The policies and objectives of Joint Forest Movement are detailed in the Indian comprehensive National Forest Policy of 1988 and the Joint Forest Management Guidelines of 1990 of the Government of India.
The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. Before 1972, India had only five designated national parks. Among other reforms, the Act established scheduled protected plant and hunting certain animal species or harvesting these species was largely outlawed. The Act provides for the protection of wild animals, birds and plants; and for matters connected or incidental thereto. It extends to the whole of India.
A reserved forest and protected forest in India is a forest accorded a certain degree of protection. The concept was introduced in the Indian Forest Act of 1927 during the British Raj to refer to forests granted protection under the British crown in British India, but not associated suzerainties. After Indian independence, the Government of India retained the status of the reserved and protected forests, and extended protection to other forests. Many forests that came under the jurisdiction of the Government of India during the political integration of India were initially granted such protection.
A "Common Important Forest" in India is a forest governed by local communities in a way compatible with sustainable development. Such forests are typically called village forests or panchayat forests, reflecting the fact that the administration and resource use of the forest occurs at the village and panchayat levels. Hamlets, villages and communities of villages may actually administer such a forest. Such community forests are usually administered by a locally elected body, usually called the Forest Protection Committee, Village Forest Committee or the Village Forest Institution. Such committees are known as Van Panchayats in the Kumaon Division of Uttarakhand, Forest Co-operative Societies in Himachal Pradesh and Van Samrakshan Samitis in Andhra Pradesh. Legislation pertaining to communal forests varies from state to state, but typically the state government retains some administrative control over matters like staff appointment, and penalization of offenders. Such forests typically conform to the IUCN Category VI Protected Areas, but protection may be enforced by the local communities or the government depending on local legislation. Maharashtra is the state with the most forest land while Haryana has the least.
The Wildlife Institute of India (WII) is an autonomous natural resource service institution established in 1982 under the Ministry of Environment Forest and Climate change, Government of India. WII carries out wildlife research in areas of study like Biodiversity, Endangered Species, Wildlife Policy, Wildlife Management, Wildlife Forensics, Spatial Modeling, Ecodevelopment, Ecotoxicology, Habitat Ecology and Climate Change. WII has a research facility which includes Forensics, Remote Sensing and GIS, Laboratory, Herbarium, and an Electronic Library. The founder director was V. B. Saharia while the first director was Hemendra Singh Panwar who remained the director from 1985 to 1994. Trained personnel from WII have contributed in studying and protecting wildlife in India. The national tiger census or the All India Tiger Estimation, is done by WII along with NTCA and state forest departments.
Environment policies of the Government of India include legislations related to environment.
Forestry in India is a significant rural industry and a major environmental resource. India is one of the ten most forest-rich countries of the world. Together, India and 9 other countries account for 67 percent of the total forest area of the world. India's forest cover grew at 0.20% annually over 1990–2000, and has grown at the rate of 0.7% per year over 2000–2010, after decades where forest degradation was a matter of serious concern.
The Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006, is a key piece of forest legislation passed in India on 18 December 2006. It has also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act. The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India.
The environment of India comprises some of the world's most biodiverse ecozones. The Deccan Traps, Gangetic Plains and the Himalayas are the major geographical features. The country faces different forms of pollution as its major environmental issue and is more vulnerable to the effects of climate change being a developing nation. India has laws protecting the environment and is one of the countries that signed the Convention on Biological Diversity (CBD) treaty. The Ministry of Environment, Forest and Climate Change and each particular state forest departments plan and implement environmental policies throughout the country.
Conservation in India can be traced to the time of Ashoka, tracing to the Ashoka Pillar Edicts as one of the earliest conservation efforts in the world. Conservation generally refers to the act of carefully and efficiently using natural resources. Conservation efforts begun in India before 5 AD, as efforts are made to have a forest administration. The Ministry of Environment, Forest and Climate Change is the ministry responsible for implementation of environmental and forestry program in India, which include the management of national parks, conservation of flora and fauna of India, and pollution controls.
The National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables the creation of a special tribunal for the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from Article 21 of India's constitution, on the protection of life and personal liberty, which assures the citizens of India the right to a healthy environment. This Act serves as the basis for the establishment of the National Green Tribunal (NGT).
The Biological Diversity Act, 2002 is an Act by the Parliament of India for the preservation of biological diversity in India, and provides the mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. The Act was enacted to meet the obligations under the Convention on Biological Diversity, because India is a signatory to the treaty.
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.
References
- ↑ National Forest Policy, 1988 - Resolution Ministry of Environment and Forests. Last accessed 21 November 2021.
- ↑ Guarding the green blanket [usurped] , The Hindu Sunday magazine, March 17, 2002
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