Various environmental issues in India, such as air pollution, water pollution, poor waste management, water scarcity, deforestation, biodiversity loss, decreasing groundwater tables, and soil degradation, are prominent. The growing population adds to the burden.
With an increase in ecological challenges, environmental law's role is becoming crucial. Environmental law comprises a range of legal principles, regulations, and statutes governing human-environmental interaction. Environmental Laws harmonize human needs with nature’s integrity.
The objectives of environmental law are to -
Environment law aims to safeguard the ecosystem, ensure a clean surrounding, and punish those who violate the law.
The act aims to cure and prevent water pollution and maintain water integrity. It prohibits any poisonous or polluting material from entering any water source stream or well.
There are two boards controlling the process and activities of the Water Act: CPCB (Central Pollution Control Board) and SPCB (State Pollution Control Board), which are operated by the central and state governments, respectively.
The act lays down provisions for preventing, controlling and ablating air pollution.
The CPCB (Central Pollution Control Board) and SPCB (State Pollution Control Board), constituted under the Water Act, also have the functions and powers of the Air Act.
The act aims to protect and improve the quality of the environment, prevent control, and decrease environmental pollution. It came into existence after the Bhopal Gas Tragedy.
The Environment Act was passed under Article 253 of the Constitution. The act is an umbrella legislation for environmental protection in India.
The act lays down the framework for forest conservation and requires prior clearance for diversion of forest land for non-forest activities.
Section 4 of the act empowers the central government to carry out the laws described under the act.
The act lays down a framework for protecting wild animals, birds, and plants and for matters related to them.
The act has six state schedules that give different degrees of protection -
The Central Pollution Control Board (CPCB) monitors air and water quality and addresses any other pollution-related issues.
The State Pollution Control Boards (SPCBs) were initially constituted under the Water (Prevention and Control of Pollution) Act, 1974, and later, their mandate was expanded under the Air (Prevention and Control of Pollution) Act, 1981 to include Air Quality management.
The National Green Tribunal was formed under the NGT Act, 2010 to speed up the disposal of cases related to environmental protection and other natural resources.
Subhash Kumar State of Bihar (1997):
This case addressed the dumping of industrial waste into the Bokaro River. The court enforced the importance of preventing water pollution and the accountability of industries to manage waste cautiously.
C. Mehta v. Kamal Nath & Ors. (1996):
This case is associated with the unauthorized construction of the Span Club in an ecologically vulnerable region. The Supreme Court ordered against private organizations converting susceptible lands into private property, evoking the public trust doctrine.
Samir Mehta Union of India (2017):
The sinking of M.V. Rak, carrying coal and oil, led to substantial ecological harm. The court ordered considerable reimbursement from the responsible parties, highlighting responsibility for environmental damage.
Pollution is the introduction of harmful substances into the natural environment that cause adverse changes in it. It takes various forms, such as solid, liquid, or gas substances, and energy that includes radioactivity, heat, sound, or light.
Deforestation is the removal of forests for non-forest purposes. Deforestation leads to biodiversity loss as the animals lose their habitat, cannot be relocated, and ultimately become extinct.
India is one of the most vulnerable countries to climate change. India is already experiencing scorching temperatures. A decline in monsoon rainfall is already being seen. Most Himalayan glaciers have been retreating.
The issues in the enforcement of environmental laws include -
National Action Plan on Climate Change (NAPCC) lays down existing and future policies addressing climate mitigation and adaptation. The action plan is executed under the guidance of the Prime Minister’s Council on Climate Change (PMCCC). The critical missions under NAPCC are -
• National Solar Mission
• National Mission for Enhanced Energy Efficiency
• National Mission on Sustainable Habitat
• National Water Mission
• National Mission for Sustaining Himalayan Ecosystem
• Green India Mission
• National Mission for Sustainable Agriculture
• National Mission on Strategic Knowledge for Climate Change
Swachh Bharat Abhiyan is a nationwide initiative started on 2 October 2014 to curb open defecation, enhance solid waste management, and create Open Defecation-Free Villages.
National Clean Air Programme (NCAP) is an initiative launched by the central government in 2019 to enhance air quality by 2024 by reducing Particulate Matter (PM) by 20-30%. The programme was extended to 2026 in 2022 to reduce pollution by 40%.
Technology plays a vital role in environmental protection by providing unique solutions to reduce and reverse environmental degradation. It facilitates monitoring and assessment of the ecosystem that helps make data-driven decisions.
The enforcement has become difficult, with innumerable central and state legislation dealing with environmental issues. There is a need for an integrated environmental protection law. The government must show a political will to protect the environment, ensure stricter enforcement of existing laws, and create public awareness to achieve the desired results.
Every individual has the fundamental right to live in a clean, pollution-free environment. Strict enforcement of environmental laws is an effective tool for encouraging citizens to maintain a clean environment.
The Ministry of Environment, Forest and Climate Change (MoEFCC) enforces the environmental laws in India.
The critical environmental regulations for industries in India are The Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980; Wildlife (Protection) Act, 1972; the Water (Prevention and Control of Pollution) Act, 1974; and the Air (Prevention and Control of Pollution) Act, 1981.
NGOs function independently of the government and play a vital role in environmental protection. They contribute through advocacy, education, policy development, and ground-level projects.
Example - Wildlife Trust of India, Greenpeace India, and the Bombay Natural History Society
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