Indian environmental law
Indian environmental law concerns the law and policy of India concerning the protection of the environment, measures taken to reverse climate change and achieve a zero carbon economy.
Various different areas of environmental protection have been covered by different laws, drawn up at different times.
Some of the areas covered include :-
- Air pollution
- Water pollution
- Forest and wildlife protection
- Waste management
As with environmental protection legislation in many countries, the regulations are only effective if they are properly enforced, which hasn't always been the case in India, for a number of reasons, some of which are down to local administrative authorities.
Because of the huge population of India, there have been enormous demands placed on the environment, with the regulations not proving to be entirely satisfactory in dealing with the tremendous pressures.
History
General protection
The Environment Protection Act, 1986.[1] is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards.
- The National Green Tribunal established under the National Green Tribunal Act of 2010[2] has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
- The Public Liability Insurance Act, 1991
- National Green Tribunal Act
Air pollution
- The Air (Prevention and Control of Pollution) Act, 1981
- Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
Water
Legislation to protect water quality include:
- The Water (Prevention and Control of Pollution) Act, 1974
- The Water (Prevention and Control of Pollution) Cess Act, 1977
- Water (Prevention and Control of Pollution) Cess Rules, 1978
- Ganga Action Plan, 1986
- National Water Policy
- Coastal Regulation Zone
- Godavari Water Disputes Tribunal
- Interstate River Water Disputes Act
- Krishna Water Disputes Tribunal
Forests and wildlife
- Indian Forest Act, 1927
- Wild life protection act, 1972
- Forest (Conservation) Act, 1980
- National Forest Policy, 1988
- M. C. Mehta v. Kamal Nath (1997) 1 SCC 388
- Biological Diversity Act, 2002
- Protection of Plant Varieties and Farmers' Rights Act, 2001
- Wild Life Protection Act, 1972, which does not fall within the jurisdiction of the National Green Tribunal.[3] Appeals can be filed in the Supreme Court of India.[4]
- Prevention of Cruelty to Animals Act 1960
- CAMPA bill
Waste management
- Batteries (Management and Handling) Rules, 2001
- Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
- Basel Convention on Control of TransboundaryMovements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
- Hazardous Wastes (Management and Handling) Amendment Rules, 2003[5]
- Construction and Demolition Waste Management Rules, 2016
See also
References
- "THE ENVIRONMENT (PROTECTION) ACT, 1986". envfor.nic.in. Archived from the original on 13 June 2002. Retrieved 27 August 2015.
- "Archived copy" (PDF). Archived from the original (PDF) on 10 August 2013. Retrieved 13 November 2017.CS1 maint: archived copy as title (link)
- "THE INDIAN WILDLIFE (PROTECTION) ACT, 1972". envfor.nic.in. Retrieved 27 August 2015.
- Rhuks Temitope, "THE JUDICIAL RECOGNITION AND ENFORCEMENT OF THE RIGHT TO ENVIRONMENT:DIFFERING PERSPECTIVES FROM NIGERIA AND INDIA", NUJS LAW REVIEW, 2 January 2015
- Surendra Malik, Sudeep Malik. Supreme Court on Environment Law (2015 ed.). India: EBC. ISBN 9789351451914.