ENVIRONMENTAL LAWS: THE ESSENTIALITY OF THE NATION

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This article is written by Neha Choudhary of 9^th Semester of Gitarattan International Business School, an intern under Legal Vidhiya

ABSTRACT

A healthy and safe environment is a basic necessity for the existence of life on Earth. It is thus indispensible for humans to protect the environment in every way achievable. There are various laws and regulations that accord with the preservation of the environment. People have been more aware of the secure and lively environment and adhered to these laws. With the flourishing population, it has become extensive to pursue the environmentally friendly procedure otherwise it would lead to indiscipline and deterioration at a large level.

The regulations in compliance with the protection of the environment have opened multiple paths for the protectors of the climate, environmentalists, law aspirants, and lawyers to come and combat for the protection of the environment. The stringent rules and regulations ensure effective use of natural resources, and provide safeguards for the protection of the environment. Changes in the environment have led to the evolution of global environmental norms.

Keywords: Environment, Conservation, Rules and Regulation, Natural Resources, Degradation and Deterioration.

INTRODUCTION

It can be seen that there have been various times when the environment was at its worst; there were high-quality exhaustive gases released by the industries which lead to an increase in air pollution. There has been major destruction in habitats, and a reduction in biodiversity due to deforestation which even led to soil erosion. For a very long time, global warming has been one of the major causes of environmental degradation. Another major cause of the ill environment is contaminated water, air, and soil which led to pollution and has harmed human and animal health since time immemorial and is still at its peak.

The meaning of the word Environment has been derived from the French term ‘environner’ which means “to surround” and thus constitutes all the surroundings. According to Section 2(a) of the Environment Protection Act, 1986, “environment includes Water, Air & Land and the inter-relationship which exists among and between Water, Air and Land & Human Beings, other Living Creatures, Plants, Micro Organisms & Property”.

Various laws have been established to deal with the deterioration of the environment and its protection. These laws and rules make it essential to secure natural resources from depletion due to overconsumption. It is necessary to adhere to these environmental laws otherwise it would lead to an uncontrollable situation. Observing nature over time has become crucial to combat the issues of climate degradation, and environmental deterioration.

Environment protection is a dynamic topic and thus its protection stretches from local to international authorities. There have been varied treaties between the countries for the conservation of the environment and issue safeguards for the same. Any laws that secure natural resources including land, water, minerals, forests, and air are included in the category of environmental laws.

Pollution, soil degradation, global warming, etc. are the global issues that have only deteriorated the climate situation over time and thus it is essential to adhere to the international environmental norms for the better settlement of these global issues. The situation of the world at present has been under control due to the implementation of these statutes which reduce environmental harm and promotes the conservation of natural resources, efficient enhancement of energy, anti-pollution drives, etc.

NEED FOR ENVIRONMENTAL LAWS IN INDIA

Throughout human history, we have consistently abused nature and its resources without ever considering how to lessen this exploitation. The main goal of environmental law is to alter people’s perspectives and instill in them a commitment to sustainable development.

There has been a gradual downfall in the health of the environment which has deteriorated the quality of living. There are several problems due to which the environment has faced hardships in terms of health. These environmental problems have progressively gotten worse over time as a result of irresponsible and irrelevant activities that people engage in. Because of this, there is now a need for a stringent statutory agency to preserve and defend the environment and to assure its implementation. These bodies aim to undo a long-standing disdain for our natural resources that has resulted in severe deterioration and exploitation of the same

It has become inherently important to conserve natural resources so that further exploitation can be avoided. Environmental laws aim to strengthen the bond between people and the environment they live in. Execution of these rules is essential since it is challenging to apply them without a regulatory agency to protect a specific purpose. It becomes vital to establish laws so that they may formally state the rules and regulations or apply penalties for breaching the law because otherwise people would not feel obligated to maintain the environment and consume natural resources responsibly.

The solution to these environmental degradations and unfair exploitation is the establishment of environmental law. In a nutshell, it may be agreed that environmental law is essential because only via laws specifically addressing environmental issues will we be able to undo the lengthy history of unchecked material development that has resulted in environmental deterioration.

In India, there are various legislations for the conservation of the environment and natural resources, some of these are: [1]

The Environment Protection Act, 1986
The Wildlife Protection Act, 1972
The Wildlife (Protection) Amendment Bill, 2021
The Forest (Conservation) Act, 1980
The Air (Prevention and Control of Pollution) Act, 1981
The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010
The Water (Prevention and Control of Pollution) Act, 1974
The Energy Conservation Act, 2001
The Biological Diversity Act, 2002
The National Green Tribunal Act, 2010
The National Environmental Tribunal Act, 1995, Amendment, 2010
The National Environment Appellate Authority Act, 1997

CURRENT SCENARIO

The National Institution for Transforming India (NITI Aayog) claimed that 600 million Indians experience extreme to high water stress and that a sustained absence of effective measures might result in an ongoing water catastrophe.[2]

India has a large number of waterborne ailments because of the biological pollution of the water. Annually, 73 million working days are missed due to illness, 1.5 million children die from diarrhea, and roughly 37.7 million Indians are impacted, placing a financial strain on the country.

India has a significant health problem with air pollution. India was home to 21 of the top 30 most polluted cities in the world in 2019. In India, at least 140 million people breathe air which is at least 10 times higher than the WHO safe level. In the five years since 2017, waterborne illnesses include cholera; acute diarrheal infections, typhoid, and viral hepatitis have killed 10,738 people. Of them, viral hepatitis, typhoid, and cholera have all resulted in the greatest number of fatalities.[3]

In India, air pollution was to blame for 1.67 million fatalities in 2019. 17.8% of all deaths in the nation are represented by this figure. Out of those, ambient particle pollution is responsible for 0.98 million fatalities, while home pollution is to blame for 0.61 million.[4]

ENVIRONMENTAL LAWS IN INDIA

As mentioned above, various laws have come into existence for the protection of the environment and conservation of natural resources:

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

The act was passed by the Parliament in 1974. It is comprehensive legislation that regulates statutory bodies for the conservation of water and preventing water pollution. The act solely aims to prevent water pollution and protect water from being contaminated by the discharge of various sorts of pollutants. It established the governing bodies to check the implementation of the act and impose penalties on rule breakers. There are various agencies that are set up to control water pollution i.e. central pollution control board, state pollution control board, joint board, etc.

The National Green Tribunal Act, 2010

The act was enacted for the protection of forests, trees, and the conservation of natural resources. The act establishes the tribunal for expeditious disposal of cases regarding environmental issues. The right to live in a clean and healthy environment is described in the National Green Tribunal Act, of 2010, which was passed in accordance with Article 21 of the Indian Constitution. The act also imposes penalties for those who fail to comply with the provisions under the act.

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

The act was enacted by the parliament in 1981 and was amended in 1987. The act came into existence to prevent and control air pollution. The act also imposes penalties for the violators of the act. The act advises central and state governments in matters related to air pollution and suggests measures to be taken for its prevention. It also spread awareness and monitors the quality of air.

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

The act came into force to control and prevent noise pollution in public places due to industrial or construction activities, loudspeakers, generators, vehicular horns, etc. the act was enacted for the well-being of the person and also it was necessary to set up regulatory bodies to control noise producing and generating sources. The act was amended in 2010 and restricted the use of firecrackers in public places and imposed fines on violators. The act establishes a national biodiversity authority headquartered in Chennai.

The Biological Diversity Act, 2002

It is an act enacted by the parliament for the preservation of biodiversity in India. The act controls the utilization of resources and equally distributes the benefits derived from it. The Act’s aforementioned goals include protecting traditional knowledge, preventing bio piracy, forbidding persons from obtaining patents without the consent of the government, and more.

The Environment Protection Act, 1986

The act provides measures for the protection of the environment from pollution and deterioration. Sustainable development should be the primary objective for the environment, and it may be viewed as one of the objectives of the Environment Protection Act of 1986. It regulates the activities of the authorities governing under the act to ensure a safe and healthy environment. The main aim of the act is to ensure the quality and standard of living.

The Wildlife Protection Act, 1972

The act was enacted to protect the wildlife from being extinct. It aims to prevent the illegal trade of animals including smuggling and hunting. In order to effectively govern human activity and further the many goals of this Act, it lays forth a variety of penalties for breaking laws and regulations.

Constitution of India

The Constitution of India does not explicitly mention environment protection however Indian government had taken initiatives for the regulation of the environment and thus in 42nd amendment of the Constitution shifted the regulation of population, animals, and forests from the State to the Concurrent List, allowing both the State and the Center to pass legislation in these areas. The regulation of urban forestry, promotion, and protection of the environment is introduced through the 74th amendment of the Constitution. There are several topics on the legislative lists that allow the State and the Center to pass laws pertaining to the environment, such as those governing agriculture, sanitation, and public health.

Moreover, Article 48 of the Indian Constitution under Part IV Directive Principles of State Policy also mentions the protection and safety of the environment and states that “Protection and improvement of environment and safeguarding of forests and wildlife. The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country”

Furthermore, the Constitution of India also lays down certain fundamental duties on the citizens of the country and under Article 51A (g) it mentions “To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures”

CASE LAWS

Damodar Rao v. S.O. Municipal Corporation [5]

The Apex Court in the aforementioned case held that environmental degradation, pollution, and poisoning of the atmosphere is a violation of Article 21 which guarantees the right to live in the Indian Constitution. It was also stated that every Indian citizen has a responsibility to comprehend the value of the environment and the living things that inhabit it, as stated in Article 21 of the Indian Constitution, often known as the Right to Live.

M.C. Mehta and Anr. Etc vs. Union of India and Ors. Etc[6]

It is a landmark judgment also known as Oleum Leakage Case. The Supreme Court of India in this case determined the liability of the industry responsible for the Oleum gas leakage incident and for causing harm to the community at large. The court laid down the principle of absolute liability stating that the principle shall be applied in the case of industries that are engaged in hazardous activities. The court also held that no hazardous industrial work shall be carried out near residential cases.

M.C. Mehta vs. Union of India[7]

This case is popularly known as Taj Trapezium Case was fought between M.C. Mehta and the Union of India case and a petition was filed regarding the increase of pollution near the Taj Mahal. The apex court in the aforementioned case delivered its historic judgment and banned the use of coal and directed the industries to Compressed Natural Gas. The court recognized that the Taj is vulnerable to damage and degradation not just from the usual sources of decay but also from shifting social and economic situations, which make matters worse by bringing forth even more terrifying events of harm or destruction.

Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh[8]

The concept of “Sustainable Development” was introduced in this particular case. It was the first case that calls on the Supreme Court to weigh ecological integrity concerning industrial demands on forest resources. The case was brought about by careless and hazardous limestone quarrying methods in the Himalayan Mussoorie Hill Range. The court concluded that the continuation of mining activities in the valley does not only cause harm to the environment but also led to the violation of the Forest Conservation Act, of 1980.

Animal Welfare Board of India vs. A. Nagaraj and Ors.[9]

The Hon’ble Supreme Court in this case prohibited Jallikattu and other animal races and fights. The case banned the use of bulls for fights and entertainment. The court stated that every species has a right to life and security under Article 21, subject to governmental regulation that may include denying it of those rights for reasons related to human necessity. The court held that the activities that are subject to cruelty to animals are a violation of the Prevention of Cruelty to Animals Act.

The Tarun Bharat Sangh vs. Union of India and Ors.[10]

The Supreme Court of India in this case banned all the mining activities of the Sariska Wildlife Sanctuary as the place was reserved for tiger reserve.

Vellore Citizens Forum v. Union of India[11]

In this case, the petition was brought against the extensive environmental harm and water pollution brought on by the excessive discharge of untreated effluents by tanneries and other companies. The court upheld the Constitutional protection of the right to a clean, healthy environment and acknowledged that both the state and private parties had a duty to safeguard the environment.

Narmada Bachao Andolan v. Union of India and Ors.[12]

The aforementioned case stated that water access is a basic Human Right. The Supreme Court ruled that the right to life, human rights, a wholesome environment, and sustainable development guaranteed by Article 21 of the Constitution are all inextricably linked.

CONCLUSION

The fundamental requirement for life on earth is a safe and healthy environment. Therefore, it is imperative that humans take all reasonable precautions to safeguard the environment. There are several laws and rules about environmental protection and thus it is crucial that people now adhere to these regulations and are more conscious of maintaining a safe and healthy environment. Following ecologically friendly practices has grown increasingly crucial as a result of the expanding population because failure to do so would result in disorder and general degradation.

REFERENCES

[1] Environment legislation in India available at: https://blog.ipleaders.in/environment-legislation-in-india/ (last visited on 10^th August 2023)

[2] Water pollution in India – Current scenario available at https://www.sciencedirect.com/science/article/abs/pii/S2468312422000104#:~:text=Water%20pollution%20in%20India%20%E2%80%93%20Current%20scenario%201,management%20in%20India%20…%205%205.%20Conclusion%20 (last visited on 10^th August 2023)

[3]Water contamination and pollution – A growing challenge for health and biodiversity available at https://www.indiawaterportal.org/faqs/water-contamination-and-pollution-growing-challenge-health-and-biodiversity (last visited on 10^th August 2023)

[4] Health and Economic Analysis of Deaths due to Air Pollution in India available at https://www.aqi.in/blog/health-and-economic-analysis-of-deaths-due-to-air-pollution-in-india/ (last visited on 10^th August 2023)

[5] Damodar Rao v. S.O. Municipal Corporation, AIR 1987 AP 171

[6] M.C. Mehta and Anr. Etc vs. Union of India and Ors. Etc, 1987 AIR 1086

[7] M.C. Mehta v. Union of India, 1987 AIR 1086

[8] Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh, 1985 AIR 652

[9] Animal Welfare Board of India v. A. Nagaraj and Ors., (2014) 7 SCC 547

[10] The Tarun Bharat Sangh v. Union of India and Ors., (1993) INSC 209

[11] Vellore Citizens Forum v. Union of India, AIR 1996 SC 2715