Environmental legislations in India

Environmental Legislations

The historical conference on Human Environment was held in Stockholm from 5th June to 16th June 1972. It was the first global recognition that the environment was endangered and the governments and the industry had to collectively put in an effort to protect the environment.

The Conference called upon Governments and peoples to exert common efforts for the preservation and improvement of the human environment. For the first time the developed countries realized that they had completely ignored the impact on the environment during their rapid development. and other natural resources of the world.

The United Nations General Assembly laid down as many as 26 principles in the Conference held at Stockholm in 1972.

UN Conference on Human Environment


Concept behind Act borrowed from proclamation adopted by UN conference on Human Environment 5th to 16th June 1972 Stockholm

• Chapter I Preliminary Sec 1&2

• Chapter II General powers of Central Govt. Sec 3-6

•Chapter III Prevention, Control and Abetment of Environmental Pollution. Sec 7-17

•Chapter IV Miscellaneous 8 -16

Environmental Protection Act 1986


Water being a State Subject, Parliament can exercise the power to legislate on water only under Article 252 of Const Of India.

Chapter I Preliminary Sec 1&2 Chapter II Central and State boards for prevention and control of water.

Sec. 3-12 Chapter III Joint Board Sec 13-15 Chapter IV Power and functions of board Sec 16-18 Chapter V Prevention and control of water Sec19-33Chapter VI Fund Accounts and Audit Sec 34-40 Chapter VII Penalties and procedure Sec 41-50 Chapter VIII Miscellaneous

Sec 51 -64

The Water (Prevention and Control Act) , 1974


Chapter I Preliminary Sec 1&2

Chapter II Central and State boards for prevention and control of Air. Sec. 3-15

Chapter III Power and functions of board Sec 16-18

Chapter IV Prevention and control of water Sec19-31

Chapter V Fund Accounts and Audit Sec 32-36

Chapter VI Penalties and procedure Sec 37-46

Chapter VII Miscellaneous Sec 47-54

The Air (Prevention and Control Act) 1981


Constitution of Central board : Appointed by Central govt. A Chairman Maximum 5 Officials Maximum 5 persons Maximum 3 non officials Maximum 2 representatives One Member Secretary

Constitution of State board : Appointed by State Govt. Same as above.

Joint Boards To be run by Central govt or two or more govts of adjoining states.

The Air (Prevention and Control Act) , 1981


Functions of Central Board

Advise Central Board Coordinate Activities Provide Assistance Organize Training Campaigning and Media To perform functions of state boards during emergencies, in the interest of public. Publish handouts, bills and Technical literatures. Organize nation wide programmes

Functions of State boards Same as above



Constitution of Central board : Appointed by Central govt. A Chairman Maximum 5 Officials Maximum 5 persons Maximum 3 non officials Maximum 2 representatives One Member Secretary

Constitution of State board : Appointed by State Govt. Same as above.

Joint Boards To be run by Central govt or two or more govts of adjoining states.



1 Short title, extent and commencement 2 Restriction on the preservation of forests or use of forest land.

3 constitution of advisory committee. 3A Penalty for contraventions of the provisions of the Act. 3B Offences by authorities and government departments. 4 Power to make rules.

5 Repeal and saving.

The Forest Conservation Act 1980


Objects 1 Decline of wild animals and birds : matter of concern 2 Wild animals and birds have become extinct 3 Protection afforded to wild life in national parks and Sanctuaries needs to be improved 4 Wild Birds and Animals Act 1912 has become outmoded. 5 State laws outdated and provide punishment not commensurate with the offences. 6 Existing laws relate to only hunting and do not address offences like Texidery, Trade off in wildlife and products derived there from 7 Existing laws neither adequate nor satisfactory

Wild life protection Act


The Act seeks to

1 Constitute Wild life Board for each State.

2 Regulate hunting of wild animal and birds.

3 Laydown procedures for declaring areas as Sancuaries and National Parks.

4 Regulate posession, acquisition or transfer of, or trade in wild animals, animal articles, trophies and Texidermy.

5 Provide penalties for Contravention of the Act.

5A Constitution of National Board for Wild Life



Functions of National BoardIt shall be the duty of NB to promote the conservation and development of wild life and forests by such measures as it thinks fit.

Without prejudice to the generality of foregoing provision, the measures reffered to therein may provide for :

Framing policies and advising on ways and means of promoting wild life conservation and econtrolling poaching, illegal trade of wild life and its products.

Making recommendations on setting up of of Sancuaries and National parks and on restricting activities in these area.

Carrying out or causing to be carried out impact assesment of various projects and activities on wild life and its habitat.

Receiving time to time progress made in the field of wild life conservation and suggesting ways to improve it.

Preparing and publishing status report on wild life in country once in two years.



Noise : An ingredient of noise pollution u/s 2(1) a of Air Act 1981

Dictionary meaning : Loud confused or sense less sound, capable of causing physical and mental discomfort.

Unwarranted and unrhythemic. Noise is slow agent of death. It causes hearing impairment and

mental imbalance besides affecting psychological health of human being.

Means defilement of atmosphere due to sound.

Prolonged exposure to noise levels above 90 decibles can cause permanent deafness.

Noise Pollution ( Regulation and Control) Rule 2000


Kinds : Industrial noise, Urban Noise, Rural Noise.

Maulana mufti syed V. State of WB and others: It can not be said that use of microphone and loud speakers in "azaan " is integral and essential part of religion.

Church of God (Full Gospel) in India V. KKR Majestic : No religion prescribes

that prayers to be performed by disturbing the peace of another.

Right to freedom of speech Article 19(1)(a) speech includes right of not to speak and hear what you don’t want. Right to silence and not to be forced to listen unwanted sounds.

Noise Pollution ( Regulation and Control) Rule 2000


Sec 133 : Conditional order for removal of Nuisance .There are certain categories of cases which can be addressed under Sec 133 of the code. 1973

1. The unlawful nuisance or obstruction to any way, river or channel, lawfully used by public or to a public place. 2. Construction of any building or disposal of any substance as is

likely to occasion explosion or conflagration. 3. Conduct of any trade or occupation, or the keeping of any goods or merchandise, injurious to health or physial comfort of the community. 4. An unfenced tank, well or excavation near apublic way or place. 5. A dangerous animal requiring distruction, confinement or disposal.

Criminal Remedies


When can be invoked In case of emergency where public shall be put to great inconvenience and shall suffer an irreparable injury if the enchroachment or nuisance is not removed. Not invoked where obstruction or nuisance has been in existence for a long period of time, but no legal bar as such. Scope of section 133: Munciple council Ratlam V. Vardhichand

and others. When demolition of building justified : Dangerous condition and detorioration due to incassant rains. Occupations or trades injurious to heath : Trades which are themselves injurious, no the trades in course of which public nuisance might be committed.

Criminal Remedies


Damages To abate nuisance : Cases relating to pollution covered by a) Nuisance, b) Negligence, c) Strict liability.

Primary remedy is claim for damages. Covered under

Nominal damages

Substantial damages To compensate fairly for injury suffered

Exemplary damages: To compensate plaintiff and also to punish wrong doer in order to deter him for similar conduct in future.

Civil Remedies


Injunctions : Vital role in abating and preventing pollution. Where a person who has infringed or who is about to infringe the rights of another , he is restrained from pursuing such acts by way of injunctions. a) Restrictive : Eg . A person is restrained for causing nuisance or to disturb some other persons right of easement. b) Mandatory : Eg. Ordering defendant to take down or remove a wall or other construction.c.) Temporary Injunction : To maintain status quo at a given date until trial on merit concludes. Perpetual injunction : Only be granted by decree made at hearing and merits of suit.

d.) Perpetual OnjunctionTo prevent breach of obligation, existing in favour of applicant, whether expressly or by implication and which may arise from :i) Contractii) In the nature of trustiii) Act complained of amounts to tort or civil wrong,iv) may be any other legal obligation. Granted where damages do not provide adequate relief, or where purpose is to prevent multiplicity of suit.

Civil Remedies


Directive principles of state policy

Article 48A: The state shall endeavor to protect and improve the environment and to safeguard the forests and wild life f the country.Through PIL, or through a letter on basis of article 21, duty under article 48A can be enforced.Cases: M.C.Mehta Vs. Union of India 1992

Tarun Vs. Union of India 1992Satish Vs. State of Uttar Pradesh 1992

Fundamental Duties

Article 51A(g): To protect and improve natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Constitutional Provisions

T H A N K Y O U

Documents

Environmental legislations in India