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Renewable energy and laws related to sustainable development in India

Environment degradation in India is causing a serious threat to overall ecological instability the major cause is due to variety of social, economic, institutional and technological factors. The major issue is massive population in India and its requirement which force urbanization and industrial activities abusing an overall factor into degradations of sustainability of the environment.

During the time of the corona virus pandemic lockdown somehow improve quality of air. but few factors will remain constant like few of Indian religious precepts and philosophy is causing it to worst. The world is now searching for clean and sustainable energy in 2011 India is now the fourth largest energy consumers in the world to meet the sustainable goal and requirement India is also searching and implementing various laws related to green and renewable energy to cause into effect India is also implementing various laws related to sustainable development.

In the recent news Tesla space debris free ideology and renewable energy electrical cars is also impacting the Indian electrical motor vehicle market in this reference tata also announce the production of electrical vehicle and vision for the market till 2025 this will boom the renewable clean energy source market and curb the air pollution to some extent. Ban on crackers promoting green crackers and implementing various laws are also an initiative in this direction.

Definition:
The proper definitions of sustainable is the improvement and preservation of resources to meet the future generations any sort of requirement or any development that is on-going should not stress on environment this is the actual sense of sustainable development. It saturates up the concept of protection and nurturing at the same time. In easy words conservation of surroundings and development together. Indian judiciary and Government have emerged together as a factor for sustainable development and laws related to it.

Constitutional commitments and judicial activism

The Constitution of India and Concept of Sustainable Development is protected by the role of Indian judiciary in terms of safeguarding the Indian constitution to provide a mechanism by unique provisions for environmental protection which is outstanding. Indian constitution has special provisions for safety a development of sustainable growth in India.

By forty second amendment in the year 1976 article related to environment protection were engraved like article 48-A, Article 51A(g) and also the article presents before like article 246, 253, 141,142 and fundamental article like article 21 for overall enhancements in numerous environmental protection laws and case laws as a base playing a crucial part in it.
  • Article 48 A:
    It specifically offers with environment protection used by Indian courts for aid of using the language of this article. It also adds responsibility of the state to protect the natural resources under its boundary and implement laws according to it.
     
  • Article 51 A (g):
    Improve the natural environment including the forest, rivers, lakes and wildlife. Schedule VII which contains the lists depicts regions referring to surrounding safety upon which centre and state can legislate and implement its own laws in reference to environment protection as seen in various case laws like the case of; Mc Mehta vs kamala Nath - motel near the river beas causing damage to stream of the river court take initiative in it.
     
  • Mc Mehta vs union of India (vehicle pollution):
    This case is a landmark judgment in terms of banning out of vehicle 5 years old and also petrol supply lead free in Delhi the court said that the right to healthy environment is a basic human right stated that the right to clean air is curtailed under article 21
     
  • Mc Mehta vs union of India (ganga pollution case):
    The owners of some tanneries near the city of Kanpur were discharging their wastes from their factories into holy Ganga lacking of primary treatment plants. The Court said in its judgment to stop disposing illtreated waste directly or indirectly into river ganga.
     
  • Article 246:
    Union list – includes the defence, atomic energy, foreign affairs, oilfields, mines and interstate rivers as well as factories, population control etc. State list – includes agriculture, water supplies, drainage fisheries etc. In Concurrent list –the list includes forests, protection of wildlife, mines and minerals etc. From an environment protection point of view the legislature authority as well as role of Indian judiciary specially the role of SC is very crucial so that the environmental problem and could be tackled and the national laws as well as the state laws could be regulated properly in uniformity.
     
  • Article 253:
    It allows the Parliament to make laws implementing India's international responsibilities as well as inclusion of decision made at any international conference, summit or by anybody.
     
  • Article 21:
    The role of SC in the use of this article with refence to this article will be briefly stated; and 142 – the SC extensive power granted by this articles and article 141 to be binding on all lower courts strengthened the environment protection specially article 21 – right to wholesome environment where the SC and various HC of India ensures that safety and sustainable development with the use of article 32 as an medium of tool for proper functions of article 21 of the Constitution because it has been recognized as one of the essential
     
Vellore Citizen Welfare v. Union of India was the first case of doctrine of Sustainable Development definition changed by this landmark judgment by the Supreme Court. The Petitioners filed a petition in public interest in opposition to the pollutants of discharge of untreated effluent with the aid of using the tanneries and different industries in Palar river Tamil Nadu. the Supreme Court held that the precautionary precept and polluter pay are part of the environmental regulation of India. Remediation of the surroundings is a part of Sustainable Development and as such polluter is at risk of pay the fee to the person patients in addition to the fee of reversing the broken ecology.

But earlier than this case of Vellore Citizen, the Supreme Court has in lots of instances attempted to preserve the stability among ecology and environment like.

In Rural Litigation, Kendra Dehradun v. State of Uttar Pradesh which changed into additionally referred to as Doon valley case, changed into the primary in this case of ecological imbalances and environmental degradation of India where the problems associated with surroundings and ecological stability changed into delivered up.

Quarrel in lime mining situated at Shivalik hilly regions. The Supreme Court after an extensive investigation, ordered the preventing of mining. However, it is a fee that must be paid for protective and safeguarding the proper of the humans to stay in healthful surroundings with minimum disturbance of ecological stability.

the Supreme Court interpreted and passed forward the doctrine of Sustainable Development in historic Narmada Bachao Andolan case were the court observed that Sustainable Development way what kind or volume of improvement can take region, case like Indian Council of Enviro-Legal Action vs. Union of India, the Court held: while the financial improvement needs to know no longer be allowed to take region on the fee of ecology.

What are the Major environment conservation laws related to sustainable development in India?

Major environment conservation laws associated with sustainable development face a severe problem of implementation at the bottom level, the effectiveness and seriousness of environmental laws within the country is questionable. India is one among the few countries where there's an elaborate provision for the environment in its legal framework.

Some important acts associated with sustainable development because the medium to confirm the protection and gift to future generation which are as follows:
  • Water Prevention and Control of Pollution Act, 1974:
    Acts important provisions was last modified in 2003. Act eliminates the release of pollutants into water bodies outside a given standard, and places down penalties. Centre authority to manage this act is CPCB.
     
  • The Air (Prevention and Control of Pollution) Act, 1981:
    to boost the air quality standard in India this act was passed as a necessity of the hour. The act establishes boards at the central and state level by empowering the regime to declare any areas within the state as pollution control area with consent from SPCB it also curtails some air pollutant agent and implement proper regulation and laws associated with air quality.
     
  • The Environment Protection Act, 1986:
     the Central Government by this act is permissible to entail measures compulsory to watch and improve the standard of environment by setting standards for emissions and discharges of pollution within the atmosphere by somebody carrying on an industry or activity; regulating the placement of industries; management of hazardous wastes, and protection of public health and welfare., the Central Government issues notifications under the Environment Act for the protection of ecological areas or issues guidelines for matters under this act. The punishment is up to five years or with fine up to Rs 1,00,000 or both.
     
  • The National Green Tribunal Act 2010:
     non-constitutional body known as National Green Tribunal was formed by the above act for the effective and quick disposal of cases this act provides necessary powers to this body regarding environmental protection and conservation of forests and regulations for important resource of India.
     
  • Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008, guidelines in this act are sited down for storage ,import and manufacture of hazardous chemicals and for management associated with hazardous or dangerous toxic wastes.
     
  • Biomedical Waste (Management and Handling) Rules, 1998:
    This act provides the right disposal of biomedical waste management, segregation, transport, etc, of infectious wastes.
     
  • Municipal Solid Wastes (Management and Handling) Rules, 2000:
     The priority of this act is to enable municipalities to dispose municipal solid waste in an exceedingly green and scientific manner.
     
  • Nuclear energy (Safe Disposal of Radioactive Wastes) Rules, 1987, GSR:
    125. radioactive material administration is administered by this act. AERB authorizes every use of material the disposal of disused sources or waste associated with atomic science and nuclear management.
     

International conventions:


The international convention of which India is a part of are shown in the table below:
Ramsar Convention 1971
Stockholm Convention 2001
CITES 1973
Convention on Biological Diversity 1992
Bonn Convention 1979
Vienna Convention 1985
Montreal Protocol 1987
Kyoto Protocol 1997
United Nations Framework Convention on Climate Change (UNFCCC) 1992
Rio Summit 1992
UNCCD 1994
Basel Convention 1989
Cartagena Protocol on Biosafety 2000
UN-REDD 2008
Nagoya Protocol 2010
COP24 2018
COP21 2016
Kigali Amendment 2016
Minamata Convention 2013
Rotterdam Convention 1998
COP25 2019
Conclusion and suggestions
The Article is a brief information about laws related to and scenario of renewal energy in India there are various laws which are still no ground reality check mechanism available on it the laws are on paper but in practical it is vague or not suitable except few law to improve the environment protection the methods given below can be used:
  • The 3 R concept Reduce, Reuse, and Recycle Approach:
    this will play a very crucial role as plastic is the biggest debris affecting the nature at large and hampering ecological instability so using this technique the balance will be maintained
     
  •  Promoting Environmental Education and Awareness:
    There must be a overall campaign about every use and laws related to environment protection in common people as together we can stand on this or else curse the upcoming generation.
     
  • Resource Utilization as Per Carrying Capacity:
    If the stress on the environment is over exploitation of a resource the goal of sustainability could not be attend.
Written By: Pratyush, 1182190067, Division –B, Ty BBA, LLB, MIT WPU FOL

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