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Environmental Law

Human life and the environment are interrelated and interdependent. Life of humans without these natural resources like air, water, sunlight, trees, etc. Would be impossible. Every year 5th June is praised as the world's environment day. This day is celebrated to raise awareness globally and spread positivity to protect our environments. Many plantations campaign is done by people on this day.

What is environmental laws?

It implies the law which adjusts the effect of human exercises on the environment.it covers the exercises that influence air, water, land, vegetation, and fauna. It additionally incorporates the laws which manage the assurance of the two plants and creatures. The sacred structure of India and the global responsibilities of India have effectively mirrored the requirement for security and preservation of the climate and substitutable utilization of regular assets.
  • The constitution under part IVA (Article 51A:
    Fundamental duties) states that it the duty of every citizen of India to protect and improve the natural environment which includes forests, lakes, rivers, and wildlife, and to have compassion for the living creator.
     
  • The constitution under part IV (Article 48A:
    Directive principles of state policies) says that the states should also try to protect and improve the environment and safeguard the forest and wildlife of the country. Both the above articles were added to the Indian constitution in the 42nd amendment act 1976.
     
  • The Environmental protection Act, 1986 was passed under Article 253 of the Indian constitution (which says parliament has the power to make laws for the country). Before independence, there were several laws related to the protection of the environment, yet, the genuine trust for putting uphold a very much-created system came solely after the UN Conference on the human environment (Stockholm 1972). after this gathering, the public committee for environment strategy was set up in 1972 inside the branch of science and technology to set up an administrative body to care for natural-related issues. The branch of environment was set up in 1980 and later this turned into the Ministry of Environment and Forest in 1985. (MOEF)
MOEF is the topmost body in the country which regulates and ensures environmental protection and lays down the legal and regulatory framework for the same. The MOEF and the pollution control board both (state and central) work together forms the regulatory and managerial core for the sector.

Some of the important legislature pass under this act:

  1. The National Green Tribunal Act, 2010
  2. The Air (Prevention and Control of Pollution) Act,1981
  3. The Water (Prevention and Control of Pollution) Act, 1974.

Environmental Law In India

The environmental protection act 1986, came into force soon after the Bhopal gas tragedy. The demonstration gives the structure to considering, arranging, and carrying out long term’s necessities for ecological wellbeing. The demonstrations likewise set up the system for the coordination of state and central specialists set up under the water and air act. Under this demonstration, the central government is approved to take vital measures to ensure and improve the nature of the climate by setting norms for emanations and release of contamination in the air by any individual doing any modern actives, controlling the perilous waste, managing the area for the ventures, and security of general wellbeing and government assistance. From time to time the central government issues notification relating to the guideline and protection of the environment under the act.
  • Punishments of not for following the bearing under this demonstration
    1. Will be culpable with detainment as long as five years or with a fine up to RS 100000, or with both.
    2. If there should arise an occurrence of continuation of such savagery, an extra-fine of Rs 5000 for consistently during which disappointment proceeds after the conviction for the principal such disappointment or repudiation
    3. If the violation continues past the time of 1 year after the date of conviction, will be penalized with confinement for a term that may stretch up to seven years.

The dangerous waste administration guidelines. Many laws deal directly or indirectly with hazardous waste management.
  • 1989:
    The manufacture, use, import, export, and storage of hazardous organisms, genetically engineered organism, or cells rules were introduced to save the environment, nature, health in connection with the application of gene technology and microorganisms.
     
Some of the rules which deal with hazardous management are given below:
  • Hazardous wastes (management, handling, and transportation) rule 2008, provide a guide for the manufacture, storage, and import of hazardous chemicals and for directing of hazardous wastes.
     
  • Biomedical waste (manufacture and handling) rules 1998 brought a proper guideline for the disposal, segregation, transport, etc. of the waste
     
  • Municipal solid waste (management and handling) rules 2000 - directs municipalities to dispose of the municipal solid way in a proper scientific manner.
     
  • The biological diversity act 2002
    The act was passed by the Parliament of India for the protection of biological diversity in India and provided mechanisms for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge.
     
  • The national green tribunal act 2010.
    The act provides the efficient disposal of case with deals with the protection of the environment, conservation of forest and other natural resources including the application of any legal right with a link to the environment and provides relief and compensation for the damage to the person and property and the matters connected therewith or incidental thereto.
     
  • Water Acts And Laws.
     
  • The Easement Act 1882.
    It gives us the right to use the groundwater by viewing it as it is attached to the earth and it says that all the surface water belongs to the states and its sates property.
     
  • The Indian fisheries Act 1897.
    It says that nobody should use any dynamite or other explosive materials (whether coastal or inland) to catch or destroy any fish or poison fish to kill. If any person is found doing then the government has the power to sue them.
     
  • The River Boards Act 1956.
    The states enroll the central govt in setting up an advisory river board to resolve issues related to interstates.
     
  • The Merchant Shipping Act 1970.
    Its main focus with waste that is arising from ships along the coastal area with a defined radius.
     
  • The Water (Prevention and Control of Pollution) Cess Act 1977.
    Enables the tax and collection of fees on water-consuming industries and local bodies.
     
  • The Coastal Regulation Zone Notification 1991
    Guides various activities including construction. It also gives some protection to backwaters.

The water act 1974 was later amended in 1998. Under Article 262(1) of the constitution of India, it provides the social welfare measures:
  1. To prevent and control the water pollution
  2. Directed central and state boards to provide the guideline for the control and prevention of water pollution
  3. central and states are giving the power to restore the wholesomeness of water.
  4. It also checks the quality of water that is made available to people.

The central pollution control board (CPCB) Was added under this act:
  • Forest Conservation Act 1980.
    It deals with the conservation of forests. The main purpose of the act to check deforestation because of which there are many causes faced in the environment such as an imbalance in the climate.
     
  • The Indian Forest Act, 1927.
    The act combines and regulates the areas having forest cover, or wildlife, so to control the movement and transport of forest produce, and imposes taxation on timber and other forests produce.

    Punishment.
    Section 33 deals with punishment of this act – which says if any person who violates any of the rules in this act, then shall be punished with imprisonment for a 6month or mor or fine of Rs 5000 or both.
     
  • Wildlife Act 1972.
    The act provides guidelines:
    1. All dangerous species should be protected no matter where they are.
    2. All the species should be protected in their particular areas.

      Punishments.
      Section 51 – Says if any person who does not follow the provision or rules under this act shall be punished with imprisonment for an extent of 3 years, or fine up to Rs 25000 or both.

AIR Acts And Laws
The factories act and amendment in 1987
Provide the guidelines of the workers for the working environment:
  • The Air (Prevention And Control Of Pollution) Act1981.
    Mention under article 253 of the Indian constitution
    The act provides the measures to control and lessen air pollution Rules under this act:
    1. It provides us the steps to conduct the meeting of the Boards and the power entrusted to them.
    2. The act prohibits the use of polluting fuels as it will harm the environment and will give rise to pollution
    3. It gives power to the state government that after consulting with the state pollution control board to declare any particular area or areas within the state as air pollution areas or areas.
    4. Before setting up any industrial plant they need to take consent from the state pollution control boards.
Punishments
Section 37 deals with it – penalty for violating this act:
  • Imprisonment for a term which shall not be less than 1 year or 6 months and may extend to 6 years or with fine.
  • If the failure is still continuous then an additional fine of Rs 500 each day.
  • If the failure still continuous beyond 1 year then the punishment shall be imprisonment for the term which shall not be less than 2 years and may extend to 7 years and with fine
    Amendment 1987.

The act authorizes the state and central pollution control board to meet with the serious disaster of the air pollution:
  • The Motor Vehicles Act 1988.
    The activities provide the guide regarding all the dangerous waste is to be appropriately stuffed, named, and moved.
     
  • The Atomic Energy Act 1982.
    It deals with the dangerous nuclear waves.
  • Other Acts And Law

The Public Liability Insurance Act 1991.
The act provides immediate relief to the person who is accidentally gets affected by a hazardous substance.

The Battery (Management And Handling) rule 2001
This act applies to the person who deals with the manufacture, processing, sale, purchase, and use of batteries it is his duty to properly dispose of that batter in the environment.

Hazardous Wastes (Management, Handling, and Transboundary) Rules 2011
It provides the procedure for the manufacture, storage, and import of hazardous chemicals and hazardous waste.

E-waste Rule 2011.
It provides the proper guideline for the disposal of electronic waste in the environment and also deals with the recycling of it in the environment.

The Noise Pollution 2002 (Regulation and Control)
Provide certain rules and guidelines to control the noise pollution in the environment. such as of loudspeaker, public address system during the night hour or any festival occasion is prohibited between 10.00 p.m. to 6.00 a.m.

Conclusion:
India has been facing a lot of problems related to pollution and there are several laws which are made to control and prevent the pollution but until and unless we don’t follow them we won't be able to protect our environment and live a healthy and safe life. Written By: Purwa Bala

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