1. ENVIRONMENTAL
LEGISLATION
IN
INDIA
FOR FOREST RANGE OFFICERS PROBATIONERS
ANDHRA PRADESH FOREST ACADEMY DULAPALLY HYDERABAD
Mohan Chandra Pargaien IFS
Special Secretary
A P Pollution Control Board
mcpargaien@gmail.com

2. Environment
Legal Definition ( EPA – 1986).
environment’ includes water, air and
“
land and the inter – relationship which
exists among & between water, air and
land, and human beings, other living
creatures, plants, micro – organisms &
property.”

3. Environmental Law : History
 European Countries-
 Germany ,France, Sweden, Norway, Finland -
Traditionally environmentally conscious states.
 Bavaria – A German State- “Bavarian Soil Law”
(Earliest & the best known law on soil protection)
 Industrial revolution-UK.
 Lead to pollution of Air & Water ( RiverThames)
 The concept of BOD.
 London smog - 1952.(Industrial-Night time ).
 Los Angles smog 1962 – 67.(Vehicular Pollution-
Early morning)
 Lead to first “clean air act” in USA -1970.

4. INDIA’s ENVIRONMENTAL
INITIATIVES
 Need based .
 Area specific in nature.
 Can be divided into 5 Major Eras.

5. A)PRE-INDEPENDENCE ERA TO 1947.
 Vedas, Upanishads, Smiritis and Dharmas preached
a worshipful attitude towards earth, sky, air, water,
plants, trees, and animals,
 Enshrined a respect for nature and environmental
harmony and conservation.
 regarded sun, air, fire, water, earth and forest as
God and Goddesses.
 No major Policy .
 Mostly related to water .
 SarveBhavantuSukhin, SarveSantuNiramaya,
 SarveBhadrinipashyantu,,Maakashitdukhbhaagbh
aveta..

6. PRE-INDEPENDENCE ERA TO 1947. contd…
 The Shore Nuisance (Bombay and Kolaba) Act, 1853
Earliest Act concerning control of water pollution in India.
 The Serais Act, 1867
Serai or an inn was supposed to keep a certain quality of water fit for
consumption by “persons and animals using it” to the satisfaction of the
District magistrate or his nominees. Failure- Fine of Rupees twenty.
 The North India Canal and Drainage Act, 1873
Certain offences have been listed
 Obstruction in Fairways Act, 1881
Throwing of rubbish in any fairway leading to a port causing or likely to
give rise to a bank or shoal.
 Indian Easements Act, 1882
Pollution of waters.
 The Indian Fisheries Act, 1897
Prohibits destruction of fish by poisoning waters.
 Indian Ports Act, 1908
Regulation of Water pollution

7. PRE-INDEPENDENCE ERA TO 1947. contd…
 The Indian Forest Act, 1927
 Classification of forests into ‘reserved’, ‘protected’ and
‘village’ forests;
 Restricts, regulates and prohibit commercial and other
activities in various forests classes. ‘Reserved forests’,
being the most protected category;
 Forests management vested primarily with the
Government.
 (Section 26(i) of the Act makes it punishable if any
person, who, in contravention of the rules made by
the State Government, poisons water of a forest
area. The State Government has been empowered
under Section 32(f) to make rules relating to
poisoning of water in forests.)

8. B)POST-INDEPENDENCE TO THE STOCKHOLM
1947–1972
 Constitutional Recognition
 A fundamental ‘right to life’is guaranteed to all
persons.
 ‘No person shall be deprived of his life or
personal liberty except according to procedu
 re established by law’. (Article 21)
 The scope of ‘Right to Life’ expanded by higher
judiciary to include the ‘right to clean and
pollution free environment’.

9. POST-INDEPENDENCE TO THE STOCKHOLM
1947–1972 CONTD…
 The Damodar Valley Corporation Act, 1948
 Corporation to make regulations - sanction of the Central Government
for preventing “pollution of water”.
 The Factories Act, 1948
 Health, safety and welfare of the workers .Prevention of water pollution.
 The Mines Act, 1952
 health and Safety of the employees .Quality of potable water.
 The River Boards Act, 1956
 Board is to advise on “prevention of pollution of the waters of the
interstate rivers”.
 The Merchant Shipping Act, 1958
 Regulates and controls the discharge of oil or oil mixture by an Indian/
foreign tanker or ship within any of the prohibited zones.
 Prohibition on discharging any oil anywhere at sea from an Indian ship.

10. C)STOCKHOLM CONFERENCE TO BHOPAL
DISASTER(1972-1984)
 UN Conference on Human Environment in
STOCKHOLM
 5th June to 16th June 1972.
 First Global recognition to Environment and its
degradation .
 Need for preserving and improving the human
environment.
 Formation of UNEP(United nations Environment
Programme.
 “Poverty is the biggest polluter” Smt Indira Gandhi.

11. The Wild Life (Protection Act),
1972
 For the protection of animals, plants and
birds which live in forests.
 Certain areas are to be declared as
sanctuaries and National Parks.
 To constitute a Wild Life Advisory Board.
 Amended in 1991 and in 1996.

12. Water (prevention & control of
Pollution) Act 1974.
 Amended in 1988.
 Prevention and control of Water
pollution
 Establishment of CPCB &
SPCBs.

13. Water (prevention & control of
Pollution) Cess Act1977.
 Amended in 1992.
 To levy and collect cess on
water consumed by person
carrying on certain industries.

14. 42nd Amendment to the
Constituition.1976
 Article 48-A.
 The State's responsibility (environmental protection)
 "The State shall endeavour to protect and improve
the environment and to safeguard the forests and
wildlife of the country".
 Article 51-A(g)- Fundamental duty-
 "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."

15. Forest Conservation Act, 1980
(“FCA”)
 Restriction on the de-reservation of forests or
use of forests land for non-forests purposes;
 Cultivation of coffee, spices, rubber, palms, oil
bearing plants, medicinal plants, considered,
non-forests purposes;
 Prior approval of MoEFis required. The procedure
for obtaining approval laid down under FCA;
 Supreme Court intervention under T.N.
Godavarman vs. UoI. Role of Central Empowered
Committee.

16. The Air (Prevention and
Control of Pollution) Act
1981
 For control of continuing decline in the
quality of air.
 Amended 1987.

17. From 1976 to 1984
Period of Dormancy
 For the Eight years no significant
interventions by legislature /
executives for issues related to n
environmental degradation in
spite of having adequate support
/platform in the forms of
constitutional supports.

18. D)BHOPAL TRAGEDY -1984 TO 1998.
 1984 December
 Sacrifice of 3000 lives.
 Took 2 years to respond.
 Enactment of Environment Protection Act
(EPA)

19. Environment Protection Act
(EPA)1986
 Enacted pursuant to the UN Conference on the
Human Environment held in 1972.
 ( 12 years time for self awakening )
 An umbrella legislation for environment
protection and improvement through regulation
of developmental activities.
 Vests (“MoEF”) with powers relating to
formulation of planning, policymaking and co-
ordination of actions taken by State Governments.
 Amended in 1991

20. EPA enabled MoEF to:
 lay down standards for environmental quality;
emissions or discharge of environmental
pollutants from various sources.
 Mechanism for handling hazardous substances.
 Formulate rules for locating industry.
 Mandatory reporting of environment pollution
by industry.
 Recovery of costs of clean up from the polluter.

21. UMBRELLA FRAMEWORK
Subject Action
Standards for discharge of Environment Protection Rules,
environmental pollutants 1986
Waste management 1.Hazardous Waste (Management,
Handling and Transboundary
Movement) Rules, 2008.
2.Bio-Medical Waste (Management &
Handling) Rules, 1998
3.Municipal Solid Wastes
(Management & Handling Rules)

22. UMBRELLA FRAMEWORK contd..
Management of 1.Manufacture, Storage, and Import of
Chemicals Hazardous Chemical Rules, 1989
2.Ozone Depleting Substances (Regulation and
Control) Rules, 2000
3.The Chemical Accidents (Emergency
Planning, Preparedness and Response) Rules,
1996.
4.Rules for the Manufacture, Use, Import, Export
and Storage of Hazardous micro-organisms
Genetically engineered organisms or cells, 1989

23. UMBRELLA FRAMEWORK contd..
Regulation of activities in Coastal Regulation Zone Notification, 1991
(“CRZ Notification”)
Coastal Zone
Environment Impact Environment Impact Assessment
(EIA)Notification, 2006
assessment
Eco Mark Scheme 1.Scheme on Labelling of Environment
Friendly Products (ECOMARK), 1991
2.The criteria for labelling Cosmetics as
Environment Friendly Products, 1992
Noise Pollution Noise Pollution (Regulation & Control)
Rules, 2000
Others 1.Batteries (Management and Handling)
Rules, 2001
2.The Recycled Plastics Manufacture and
Usage Rules, 1999

24. The EAP (Environmental Action
Programme)1993
 For improving environmental
services and integrating
environmental considerations
into development
programmes

25. E)Post 1998 era.
 The Central Motor Vehicle Rules,1989
compel the manufacturers of vehicle to upgrade the
technology to the standards.
 Hazardous Waste Rules, 1989,
Importer must disclose complete product safety
information.
 Environment (Protection) Rules 1989amended
to prescribe ambient air quality standards in
respect of noise. These standards lay down the
day-time and night-time limits of noise in
industrial, commercial and residential areas as well
as in “silence zones”.

26. Post 1998 era.Contd…
 Public Liability Insurance Act, 1991
 Mandatory insurance for public which may be
affected by use or transport of hazardous
chemicals. Immediate relief to the victim of
hazardous accidents. The liability of the insurer is
limited to Rs.50 million per accident, upto Rs. 150
million per year or upto the tenure of the policy.
 The Environment (Protection) 2nd Amendment
Rules 1992, oblige a person carrying on an
industry, operation or process requiring consent
under Water/Air/HW to submit an environmental
auditing report on quantity of raw material
/water; total production, quantity of pollutants

27. Policy Statement for
Abatement of Pollution, 1992
 Identification of environment problems by Ministry of
Environment and Forests .
 ‘the state of the environment continues to deteriorate’.
 Favoured mix of instruments in the form of legislation and
regulation, fiscal incentives, voluntary agreements,
educational programmes and information campaigns.
 Polluter pays principle recommended.
 ‘ to give industries and consumers clear signals about the cost
of using environmental and natural resources’.
 Involvement of the public in decision making and new
approaches for considering market choices

28. National Environment
Tribunal Act 1995
 To award compensation for
damages to persons, property,
and the environment arising from
any activity involving hazardous
substances.

29. National Environment Appellate
Authority Act ,1997
To hear appeals with respect
to restrictions of areas in which
classes of industries etc. are
carried out or prescribed
subject to certain safeguards
under the EPA.

30. Post 1998 era.Contd…
 The Bio-Medical Waste (Handling and Disposal) Rules, 1998
These rules deal with collection, reception, storage, treatment
and disposal of the bio medical waste.
 Municipal Solid Wastes (Management and Handling) Rules,
1999for solid waste disposal, transportation, management and
pollution control .
 These regulate the location, monitoring and maintenance of
compositing facilities and landfill sites. The rules include disposal
of hospital waste and standards of treated leachates.
 Noise Pollution (Regulation and Control) Rules, 2000To
regulate and control generation of noise from industry,
construction, generator sets, loud speakers, music, vehicles, etc.
The rules provide for penalties for violations.

31. Biological Diversity Act 2002.
 Enacted in pursuance of United Nations
Convention on Biological Diversity, 1992.
 Provides for conservation of biological
diversity and sustainable use of its
components.
 Mandates fair and equitable sharing of
benefits arising out of the use of biological
resources and knowledge.

32. Highlights: Environmental
Regulation
 Shift from Command and Control (CAC) approach
 Pro People and welfare oriented.
 Far sighted and precautionary objectives .
 Polluter Pays principal.
 Absolute Liability.
 Public Trust Doctrine.
 Sustainable Development.
 Decentralization.
 intergenerational equity.

33. ENVIRONMENTAL DECENTRALISATION
 The 73rd and 74th amendments of 1992.
 Three-tier structure - devolution of power-
 Local bodies viz. panchayats / municipalities.
 local bodies can become institutions of self-government.
 The 11th schedule contains environmental activities like soil
conservation, water management, social forestry etc that
panchayats can undertake.
 The 12th schedule lists activities such as water supply, public
health /sanitation, waste management and environmental
protection which the municipalities can undertake.
 Scope for greater participation by the people in local affairs,
better planning /implementation of developmental and
environmental programmes.
 However the objectives remain active on papers only.

34. Challenges Ahead
 Enough of Regulations/enactment.
 Sufficient decentralization.
 Lackadaisical initiatives and commitment at
Bureaucratic/Political level.
 Lack of transparency.
 Ethics Vs Business.
 Lack of initiatives .(who will Bell the Cat and Why).
 Poor Environmental Awareness.
 Functional fragmentation of administration.
 Ill-Equipped /Inefficient Regulatory mechanism.
 Extreme Reliance on Judiciary.

35. THANK
YOU