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
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:
- The National Green Tribunal Act, 2010
- The Air (Prevention and Control of Pollution) Act,1981
- 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
- Will be culpable with detainment as long as five years or with a fine up
to RS 100000, or with both.
- 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
- 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.
Some of the rules which deal with hazardous management are given below:
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.
The water act 1974 was later amended in 1998. Under Article 262(1) of the
constitution of India, it provides the social welfare measures:
- 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
- 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
- The Coastal Regulation Zone Notification 1991
Guides various activities including construction. It also gives some protection
The central pollution control board (CPCB) Was added under this act:
- To prevent and control the water pollution
- Directed central and state boards to provide the guideline for the
control and prevention of water pollution
- central and states are giving the power to restore the wholesomeness of
- It also checks the quality of water that is made available to people.
AIR Acts And Laws
- 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.
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:
- All dangerous species should be protected no matter where they are.
- All the species should be protected in their particular areas.
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.
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
- It provides us the steps to conduct the meeting of the Boards and the
power entrusted to them.
- The act prohibits the use of polluting fuels as it will harm the
environment and will give rise to pollution
- 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.
- Before setting up any industrial plant they need to take consent from
the state pollution control boards.
Section 37 deals with it – penalty for violating this act:
The act authorizes the state and central pollution control board to meet with
the serious disaster of the air pollution:
- 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
- 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
The Public Liability Insurance Act 1991.
- 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 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.
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