ENVIRONMENTAL LAWS IN INDIA AND IT'S IMPLEMENTATION

ENVIRONMENTAL LAWS IN INDIA AND IT'S IMPLEMENTATION

-Dr Debasish Mukherjee, eminent Advocate 

  

    Environment includes water, air and land and the inter relationship which exists among and between water , air, land and human beings, other living creatures, plants, micro organisms and property. The term environment has been derived from the term 'environ ' which means 'to surround'. Obviously the environment comprises all entities , living and non living, natural or man made , external to on self and their interrelationships which provides value now or perhaps  in the future to human kind. The goals of the environmental policy may be formulated in several ways to protect human health, ensure viability of wild life, preservation of historic movements, stopping further degradation of the environment etc.                            

   Apart from International Laws, every country has enacted laws regarding environment protection, pollution control etc. In India, several laws have been enacted regarding environment protection which says protection of environment is the duty of the Government.  In the Constitution of India, it is clearly stated that it is the duty of the State to protect and improve the environment and to safeguard the forests and wildlife of the country. It imposes duty on every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife.  Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights.  In India, the Department of Environment was established in the year 1980 which became the Ministry of Environment and Forests in 1985 . Environment Protection Act came into force in 1986 , after the Bhopal Gas Tragedy.  In ancient times even during the period of Mughals, no major initiatives took place to prevent environmental protection and conservation of natural resources as the rulers were only interested in war , religion propagation and empire building.  Barring ' royal trees ' which enjoyed patronage from being cut except upon a fee , there was no restrictions on cutting of other trees, hunting animals etc. The Laws which were in force during British period are follows ; Shore Nuisance ( Bombay and Kolaba) Act 1853, Merchant Shipping Act 1858, The Fisheries Act 1897, The Bengal Smoke Act 1905, Bombay Smoke Nuisance Act 1912, Wild Birds and Animals Protection Act 1912, etc.             

    The Indian Constitution came into force in the year 1950 which did not deal with the subject of environment or prevention and control of pollution.  The post independence , Indian approach was centered on economic development and poverty alleviation and not on resource conservation.  The year 1972 was a landmark in the field of environment when United Nations conference on Human Environment was at Stockholm in Sweden in which "Declaration on the Human Environment" was adopted, which was the beginning of environment movement in the world.

    The Indian Constitution is among the few in the world which contains specific provisions on environmental protection.  By the 42nd amendment of Constitution of India in the year 1974 it was decided that it is the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife.  Article 21 of the Constitution of India guarantees a fundamental right to life and personal liberty.  The Hon'ble Supreme Court has interpreted the right to life and personal liberty to include the right to whole some environment.  The court through its various judgments has held that the mandate of right to life includes right to clean environment, drinking water and pollution free atmosphere.  For protection of environment, the Honble court passed landmark judgments from time to time eg Narmada Bachao - vs - Union of India, Taj Mahal case, Ganges Pollution case etc . At present number of Acts and Rules are in force in our country e.g The Environment ( Protection) Act, The Biomedical Waste ( Management and Handling) Rules, The Indian Forest Act , The Wild Life Protection Act, The Forest ( Conservation) Act, The Factories Act, The Motor Vehicles Act, The Air ( Prevention and Control of Pollution) Act, etc.

    There is also a linkage between environment and economics. In economics tools of fiscal policies are discussed in the environmental context.  There are three factors of production e.g natural, physical and human factors. Natural factors are directly connected with the environment. Environmental policy becomes an important part of economic policy.  Environmental problems are basically man made and economics has solutions for them.  Environment provides land , water  , air, energy resources, coal , oil , forests, minerals and metals and so many other natural resources which are essential for the economic development of the country.  

    So, if the environmental laws are implemented properly, the growth of economy of a country will automatically increases. The only thing required is proper implementation of the acts which are already in force by increasing public awareness as because it is the basic human rights of every individual to live in pollution free environment with full dignity.