Environmental Protection and Legal Provisions in Indian Constitution
Environment law and legal provision
ENVIRONMENT PROTECTION – FROM
INDIAN CONSTITUTION PRESPECTIVE
•
a)
The State's responsibility with regard to
environmental protection has been laid down under
Article 48-A of our Constitution, which reads as
follows: "The State shall endeavor to protect and
improve the environment and to safeguard the forests
and wildlife of the country".
•
b) Environmental protection is a fundamental duty of
every citizen of this country under Article 51-A(g) of
our Constitution which reads as follows: "It shall be the
duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures."
•
c) Article 21 of the Constitution is a
fundamental right which reads as follows: "No
person shall be deprived of his life or personal
liberty except according to procedure
established by law."
•
d) Article 48-A of the Constitution comes
under Directive Principles of State Policy and
Article 51 A(g) of the Constitution comes
under Fundamental Duties.
•
The State's responsibility with regard to raising
the level of nutrition and the standard of living
and to improve public health has been laid down
under Article 47 of the Constitution which reads
as follows: "The State shall regard the raising of
the level of nutrition and the standard of living of
its people and the improvement of public health
as among its primary duties and, in particular, the
State shall endeavor to bring about prohibition of
the consumption except for medicinal purposes
of intoxicating drinks and of drugs which are
injurious to health."
•
The 42nd amendment to the Constitution was
brought about in the year 1974 makes it the
responsibility of the State Government to protect
and improve the environment and to safeguard
the forests and wildlife of the country. The latter,
under Fundamental Duties, makes it the
fundamental duty of every citizen to protect and
improve the natural environment including
forests, lakes, rivers and wildlife and to have
compassion for living creatures
The subjects related to environment in the seventh schedule of
the Constitution: Union List Entries
•
52:- Industries.
•
53 :-Regulation and development of oil fields and
mineral oil resources.
•
54 :-Regulation of mines and mineral
development.
•
56 :-Regulation and development of inter-State
rivers and river valleys.
•
57 :-Fishing and fisheries beyond territorial
waters.
State List Entries
•
6 -Public health and sanitation.
•
14 -Agriculture, protection against pest and
prevention of plant diseases.
•
18 -Land, colonization, etc.
•
21 -Fisheries.
•
23 -Regulation of mines and mineral
development subject to the provisions of List-
I.
•
24 Industries subject to the provisions of List-I.
Common or Concurrent List Entries
•
17A -Forests.
•
17B -Protection of wild animals and birds.
•
20 -Economic and social planning.
•
20A- Population control and family planning
LEGAL FRAMEWORK
•
Even before India’s independence in 1947, several environmental
legislation existed but the real impetus for bringing about a well-
developed framework came only after the UN Conference on the
Human Environment (Stockholm, 1972).
•
Under the influence of this declaration, the National Council for
Environmental Policy and Planning within the Department of
Science and Technology was set up in 1972. This Council later
evolved into a full-fledged Ministry of Environment and Forests
(MoEF) in 1985 which today is the apex administrative body in the
country for regulating and ensuring environmental protection.
•
After the Stockholm Conference, in 1976, constitutional sanction
was given to environmental concerns through the 42
nd
Amendment,
which incorporated them into the Directive Principles of State
Policy and Fundamental Rights and Duties.
•
Since the 1970s an extensive network of environmental legislation
has grown in the country. The MoEF and the pollution control
boards (CPCB i.e. Central Pollution Control Board and SPCBs i.e.
State Pollution Control Boards) together form the regulatory and
administrative core of the sector.
•
A policy framework has also been developed to complement the
legislative provisions. The Policy Statement for Abatement of
Pollution and the National Conservation Strategy and Policy
Statement on Environment and Development were brought out by
the MoEF in 1992, to develop and promote initiatives for the
protection and improvement of the environment. The EAP
(Environmental Action Programme) was formulated in 1993 with
the objective of improving environmental services and integrating
environmental considerations in to development programmes.
Water (Prevention and Control of
Pollution) Act, 1974
•
8 chapters
•
64 sections
•
This Act represented India’s first attempts to
comprehensively deal with environmental issues. The Act
prohibits the discharge of pollutants into water bodies
beyond a given standard, and lays down penalties for non-
compliance. The Act was amended in 1988 to conform
closely to the provisions of the EPA, 1986. It set up the
CPCB (Central Pollution Control Board) which lays down
standards for the prevention and control of water pollution.
At the State level, the SPCBs (State Pollution Control Board)
function under the direction of the CPCB and the state
government.
Water (Prevention and Control of
Pollution) Cess Act, 1977
17 sections
3 schedule
•
This Act provides for a levy and collection of a cess on
water consumed by industries and local authorities. It
aims at augmenting the resources of the central and
state boards for prevention and control of water
pollution. Following this Act,
The Water (Prevention
and Control of Pollution) Cess Rules
were formulated in
1978 for defining standards and indications for the kind
of and location of meters that every consumer of water
is required to install.
The Wildlife (Protection) Act, 1972,
Amendment 1991
7 chapters
66 sections
•
The WPA (Wildlife Protection Act), 1972, provides for protection to listed
species of flora and fauna and establishes a network of ecologically-
important protected areas. The WPA empowers the central and state
governments to declare any area a wildlife sanctuary, national park or
closed area. There is a blanket ban on carrying out any industrial activity
inside these protected areas. It provides for authorities to administer and
implement the Act; regulate the hunting of wild animals; protect specified
plants, sanctuaries, national parks and closed areas; restrict trade or
commerce in wild animals or animal articles; and miscellaneous matters.
The Act prohibits hunting of animals except with permission of authorized
officer when an animal has become dangerous to human life or property or
so disabled or diseased as to be beyond recovery (WWF-India, 1999). The
near-total prohibition on hunting was made more effective by the
Amendment Act of 1991.
AIR (PREVENTION AND CONTROL OF
POLLUTION) ACT 1981
•
7 chapters
•
54 sections
The objective of this Act is to provide for the prevention, control
and abatement of air pollution, for the establishment, with a view
to carrying out the aforesaid purposes, of Boards, for conferring on
and assigning to such Boards powers and functions relating thereto
and for matters connected therewith. Decisions were taken at the
United Nations Conference on the Human Environment held in
Stockholm in June 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of
the earth which, among other things, includes the preservation of
the quality of air and control of air pollution. Therefore it is
considered necessary to implement the decisions foresaid in so far
as they relate to the preservation of the quality of air and control of
air pollution
The Forest (Conservation) Act, 1980
•
5 sections
•
This Act was adopted to protect and conserve
forests. The Act restricts the powers of the state
in respect of de-reservation of forests and use of
forestland for non-forest purposes (the term
‘non-forest purpose’ includes clearing any
forestland for cultivation of cash crops, plantation
crops, horticulture or any purpose other than re-
afforestation).
Environment (Protection) Act,1986
4 chapters
26 sections
The Environment (Protection) Act was enacted in the year
1986. It was enacted with the main objective to
provide the protection and improvement of
environment and for matters connected therewith. The
Act is one of the most comprehensive legislations with
a pretext to protection and improvement of
the environment.
THE BIOLOGICAL DIVERSITY ACT, 2002
12 chapter
65 sections
The Ministry of Environment and Forests has enacted the
Biological Diversity Act, 2002 under the United Nations
Convention on Biological Diversity signed at Rio de Janeiro
on the 5th day of June, 1992 of which India is also a party.
This Act is to “provide for the conservation of biological
diversity, sustainable use of its components, and fair and
equitable sharing of the benefits arising out of the sued of
biological resources, knowledge and for matters connected
therewith or incidental thereto.”
HAZARDOUS WASTES (MANAGEMENT
AND HANDLING) AMENDMENT RULES,
2003
•
These Rules classify used mineral oil as
hazardous waste under the Hazardous Waste
(Management & Handling) Rules, 2003 that
requires proper handling and disposal.
•
Organization will seek authorization for
disposal of hazardous waste from concerned
State Pollution Control Boards (SPCB) as and
when required.
•
Thank you
The Indian Constitution mandates environmental protection as a responsibility of both the State and every citizen. Articles 48-A, 51-A(g), and 47 emphasize the State's duty to safeguard the environment, wildlife, and public health, while also making it a fundamental duty of citizens. The 42nd amendment reinforced these responsibilities, outlining the protection of forests and wildlife. The Constitution ensures that the State and citizens work together to improve and preserve the environment for current and future generations.
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Presentation Transcript
ENVIRONMENT PROTECTION FROM INDIAN CONSTITUTION PRESPECTIVE a) The State's responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows: "The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country". b) Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) of our Constitution which reads as follows: "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."
c) Article 21 of the Constitution is a fundamental right which reads as follows: "No person shall be deprived of his life or personal liberty except according to procedure established by law." d) Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties.
The State's responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows: "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health."
The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
The subjects related to environment in the seventh schedule of the Constitution: Union List Entries 52:- Industries. 53 :-Regulation and development of oil fields and mineral oil resources. 54 :-Regulation of mines and mineral development. 56 :-Regulation and development of inter-State rivers and river valleys. 57 :-Fishing and fisheries beyond territorial waters.
State List Entries 6 -Public health and sanitation. 14 -Agriculture, protection against pest and prevention of plant diseases. 18 -Land, colonization, etc. 21 -Fisheries. 23 -Regulation of mines and mineral development subject to the provisions of List- I. 24 Industries subject to the provisions of List-I.
Common or Concurrent List Entries 17A -Forests. 17B -Protection of wild animals and birds. 20 -Economic and social planning. 20A- Population control and family planning
LEGAL FRAMEWORK Even before India s independence in 1947, several environmental legislation existed but the real impetus for bringing about a well- developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in 1972. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF) in 1985 which today is the apex administrative body in the country for regulating and ensuring environmental protection. After the Stockholm Conference, in 1976, constitutional sanction was given to environmental concerns through the 42ndAmendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties.
Since the 1970s an extensive network of environmental legislation has grown in the country. The MoEF and the pollution control boards (CPCB i.e. Central Pollution Control Board and SPCBs i.e. State Pollution Control Boards) together form the regulatory and administrative core of the sector. A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MoEF in 1992, to develop and promote initiatives for the protection and improvement of the environment. The EAP (Environmental Action Programme) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations in to development programmes.
Water (Prevention and Control of Pollution) Act, 1974 8 chapters 64 sections This Act represented India s first attempts to comprehensively deal with environmental issues. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non- compliance. The Act was amended in 1988 to conform closely to the provisions of the EPA, 1986. It set up the CPCB (Central Pollution Control Board) which lays down standards for the prevention and control of water pollution. At the State level, the SPCBs (State Pollution Control Board) function under the direction of the CPCB and the state government.
Water (Prevention and Control of Pollution) Cess Act, 1977 17 sections 3 schedule This Act provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. Following this Act, The Water (Prevention and Control of Pollution) Cess Rules were formulated in 1978 for defining standards and indications for the kind of and location of meters that every consumer of water is required to install.
The Wildlife (Protection) Act, 1972, Amendment 1991 7 chapters 66 sections The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically- important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or so disabled or diseased as to be beyond recovery (WWF-India, 1999). The near-total prohibition on hunting was made more effective by the Amendment Act of 1991.
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981 7 chapters 54 sections The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, includes the preservation of the quality of air and control of air pollution. Therefore it is considered necessary to implement the decisions foresaid in so far as they relate to the preservation of the quality of air and control of air pollution
The Forest (Conservation) Act, 1980 5 sections This Act was adopted to protect and conserve forests. The Act restricts the powers of the state in respect of de-reservation of forests and use of forestland for non-forest purposes (the term non-forest purpose includes clearing any forestland for cultivation of cash crops, plantation crops, horticulture or any purpose other than re- afforestation).
Environment (Protection) Act,1986 4 chapters 26 sections The Environment (Protection) Act was enacted in the year 1986. It was enacted with the main objective to provide the protection and improvement of environment and for matters connected therewith. The Act is one of the most comprehensive legislations with a pretext to protection and improvement of the environment.
THE BIOLOGICAL DIVERSITY ACT, 2002 12 chapter 65 sections The Ministry of Environment and Forests has enacted the Biological Diversity Act, 2002 under the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992 of which India is also a party. This Act is to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the sued of biological resources, knowledge and for matters connected therewith or incidental thereto.
HAZARDOUS WASTES (MANAGEMENT AND HANDLING) AMENDMENT RULES, 2003 These Rules classify used mineral oil as hazardous waste under the Hazardous Waste (Management & Handling) Rules, 2003 that requires proper handling and disposal. Organization will seek authorization for disposal of hazardous waste from concerned State Pollution Control Boards (SPCB) as and when required.
