Author name:- Aastha Gupta and Himachal Pradesh University
To the point
Nowadays, as countries struggle with the problems of fast industrialization, urbanization, and climate change, environmental preservation and sustainable development are of utmost importance. In order to control human activity, safeguard natural resources, and advance ecological sustainability, environmental law is essential in India. It is extremely difficult for stakeholders, regulators, and politicians to strike a balance between the demands of environmental preservation and economic growth. This article will highlight the need of striking a balance between development and conservation in the quest for a sustainable future, as well as the state of environmental legislation in India and its major legislative frameworks and regulatory procedures.
Abstract
Due to negligent exploitation of natural resources and antiquated technologies, the globe is currently dealing with environmental issues, pollution, and climate change. The study intends to investigate international standards that have been adopted at a global level, as well as the potential for their implementation, particularly in post-communist nations, and to find innovative solutions to environmental issues. The scientific techniques of analysis, comparison analysis, synthesis, dialectical method, induction, and deduction were employed to accomplish this aim. The study produced a summary of international laws that the EU has ratified and that all nations, regardless of whether they are Union members, are encouraged to abide by. Climate change-related issues, especially in developing nations, call for immediate remedies and the creation of systems for carrying out government environmental policy.
This article examines the unique features of climate change adaptation policies and how they are being implemented in Albania, Kyrgyzstan, and Ukraine using global experience battling the effects of climate change and adaptation efforts. The study examines the issues that are common in post-Soviet nations. The findings revealed the most promising and successful systems for preserving the environment and averting the adverse consequences of climate change. The study came to the conclusion that all nations’ efforts must be coordinated in order to guarantee a resolution to the problem of climate change adaptation. It also included recommendations for methods to strengthen the processes by which nations implement their environmental policies through EU membership.
Use of legal jargon
A legal framework made up of principles, directives, policies, and laws established by various local, national, or international entities is known as environmental law. Its goal is to protect and preserve the environment while ensuring that it is suitable for both current and future generations. “A collective body of rules and regulations, orders and statutes, constraints and allowances that are all concerned with the maintenance and protection of the natural environment of a country” is how Black’s Law Dictionary defines environmental law. “Environmental law is an amalgam of state and federal statutes, regulations, and common-law principles covering air pollution, water pollution, hazardous waste, the wilderness, and endangered wildlife,” according to the Free Legal Dictionary. Article 48-A was added to the Directive Principles of State Policy of the Indian Constitution, which entrusted the state with the duty “to safeguard and improve the environment and to protect the country’s forests and wildlife.” The Constitution placed 10 essential obligations on its inhabitants with the adoption of Article 51-A. These duties were established in recognition of the fact that citizens are granted a number of fundamental liberties as part of their status in the nation.
The proof
One of today’s most pressing issues is climate change. The Intergovernmental Panel on Climate Change claims that extreme weather occurrences like droughts, intense rains, and greenhouse gas emissions are a result of human activity-induced global climate change. According to statistics on cataclysmic occurrences, the rate of ocean level rise is the highest in the last 3,000 years, the concentration of carbon has reached its highest point in the last 2 million years, and the melting of glaciers is occurring more quickly than it has in the previous 2,000 years. The biosphere is catastrophically destroyed when the temperature rises by 2 to 2.5 degrees. One Globally, scientists are attempting to lower greenhouse gas emissions. A legal framework must yet be established in order to carry out different programs.
Relevant facets of global environmental protection practice and legal regulation were examined through a comparative analysis. The method of analysis was employed to pinpoint the deficiencies in each nation’s environmental laws. The methods for resolving environmental issues were identified, and they covered both national and international legal standards. The summary highlights the key ideas that characterize the primary problems associated with climate change and the difficulties in resolving them. The most recent environmental protection programs and technology were examined using the deduction approach, and it was determined that states ought to implement them.It was discovered that the word “environment” comes from the French word “environner,” which means “to encircle.” It includes every environment in which people live. Both the entire natural world and the man-made landscape are included in these settings. The human-made environment is made up of constructions like highways, parks, bridges, monuments, gardens, and more, whereas the natural environment is made up of things like air, water, lakes, trees, and mountains. According to Section 2(a) of the Environment Protection Act of 1986, the environment encompasses water, air, and land as well as the relationships that exist between these elements and other living things, humans, plants, microorganisms, and property. The Latin word “polluere,” which means to pollute any part of the environment, is where the word “pollution” originates. Any component that is released into the environment and degrades its property to the point where it is unfit for human habitation is considered to be polluting the environment. There are many different types of environmental pollution, including noise pollution, water pollution, and air pollution. “Environmental pollution means the presence in the environment of any environmental harmful agent,” according to Section 2(c) of the Environment (Protection) Act, 1986.
An approach to growth and human development known as “sustainable development” seeks to satisfy current demands without endangering the capacity of future generations to satisfy their own. The goal is to create a society where resources and living circumstances satisfy human needs without compromising the integrity of the earth. The goal of sustainable development is to strike a balance between societal, environmental, and economic demands. The idea of sustainable development gained more recognition in 1987 thanks to the Brundtland Report.
The 1972 Stockholm Conference of the United Nations on Human Environment and Development directly led to the creation of the Stockholm Declaration on the Human Environment. In terms of environmental law, this document is considered to be as important as the 1948 Universal document of Human Rights. Mrs. Indira Gandhi, the Indian prime minister at the time, was greatly influenced by the debate, concerns brought up, and advancements made during the Stockholm Conference. Following the Stockholm Conference, India’s environmental strategy was quickly improved as a result of this drive. Significant changes to the Indian Constitution were brought about by the 42nd amendment, particularly with regard to environmental law. In particular, it placed a shared responsibility for environmental protection and fortification on the state and its people. The Indian Constitution’s Directive Principles of State Policy were amended to include Article 48-A, which gave the state the authority “to protect and enhance the environment and to protect the country’s forests and wildlife.” The Constitution placed 10 essential obligations on its inhabitants with the adoption of Article 51-A. These duties were established in recognition of the fact that citizens are granted a number of fundamental liberties as part of their status in the nation. These fundamental duties, which acknowledge the crucial connection between rights and responsibilities, act as a continual reminder to citizens that, although the Constitution grants them explicit fundamental rights, it also places specific obligations on them that they must fulfill in order to develop into responsible citizens. Under Article 51-A (g), residents were once obligated “to have compassion for living creatures and to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.” Article 47 of the Indian Constitution mandates that the state enhance the nutritional and living conditions of its citizens as well as public health. In addition, states must restrict the use of all intoxicants save tobacco. The state is required to implement all necessary health protection parameters by the terms of this article. The Fundamental Right to live in a pollution-free environment and to have access to clean air and water is guaranteed under Article 21 of the Indian Constitution. Although the Constitution guaranteed the right to life and personal liberty, its various aspects gradually came to light as a result of court rulings and investigations. The Supreme Court of India started making rulings in a number of instances pertaining to the defense of a person’s right to live in an environment free from pollution in the 1980s. In order to guarantee that everyone could recognize a clean environment as a basic, life-sustaining right, the Court issued a number of directives, carried out important analyses, and imposed limits throughout this time. Despite being comprehensive and well-meaning, India’s environmental laws have a number of significant flaws and difficulties that reduce their efficacy. The inadequate application and enforcement of the law is one of the main problems. Lack of sufficient resources, personnel, and technological know-how frequently plagues regulatory organizations like the Central and State Pollution Control Boards, making it challenging to keep an eye on pollution levels and guarantee industry compliance. The issue is made worse by bureaucratic inefficiencies and corruption, which frequently result in environmental clearances being given without adequate review due to corporate or political pressure. Furthermore, the legal system is disjointed, with different ministries and regulatory agencies having overlapping jurisdictions, which causes misunderstandings, effort duplication, and a lack of accountability. Despite the existence of specialist courts in India, such as the National Green Tribunal (NGT), judicial delays continue to be a major obstacle, and many environmental matters are left unresolved for years. . Furthermore, there is a persistent conflict between environmental preservation and economic growth. Controversial changes to environmental standards demonstrate how environmental protections are frequently compromised or disregarded in the name of industrialization and infrastructural expansion. Lastly, India lacks the scientific instruments and contemporary technologies required for efficient data collection, policymaking, and environmental monitoring. When taken as a whole, these structural problems lessen the real impact of environmental legislation, making it more challenging to meet sustainable development objectives and guarantee environmental justice for disadvantaged groups.India’s environmental laws have a number of significant benefits that support the preservation and sustainable use of natural resources. First and foremost, these rules offer a framework for preventing and controlling pollution, protecting the environment and public health in the process. Laws such as the Environment (Protection) Act of 1986 provide the government the authority to take severe measures against businesses and people that disregard environmental standards. Second, by safeguarding forests, wildlife habitats, and endangered species, laws like the Wildlife Protection Act of 1972 and the Forest Conservation Act of 1980 contribute to biodiversity conservation. The creation of regulatory agencies such as the Central and State Pollution Control Boards, which keep an eye on and enforce adherence to environmental regulations, is another significant benefit. Furthermore, by providing a specialized forum for addressing environmental disputes, the establishment of the National Green Tribunal (NGT) in 2010 has improved the efficiency and accessibility of environmental justice. Through processes like Environmental Impact Assessments (EIAs), environmental regulations also promote public participation, increasing the transparency and accountability of development. Despite difficulties in implementation and enforcement, India’s environmental laws are essential for striking a balance between ecological sustainability and economic progress.
Case laws
1.Vellore citizen welfare forum VS Union of India:- The Supreme Court closely examined the connection between development and the environment in this landmark case. In order to prevent the severe contamination of the River Palar, the petitioner, the Vellore Citizens Welfare Forum, filed a Public Interest Litigation under Section 32 of the Indian Constitution. The River Palar serves as the local population’s main source of drinking and bathing water. Furthermore, the Tamil Nadu Agricultural University Research Centre in Vellore found that almost 35,000 hectares of agricultural land are either completely or partially unusable for cultivation. The Supreme Court was asked to decide whether or not the tanneries should be permitted to continue operating at the expense of lakhs of lives. After reviewing the report, the Supreme Court issued its ruling, doing everything in its power to preserve environmental and developmental balance. The Court acknowledged that these Indian tanneries employ thousands of people and are the country’s main source of foreign exchange earnings. In its ruling in support of the petitioners, the court ordered all tanneries to pay a fine of Rs. 10,000 to the Collector’s office. The State of Tamil Nadu was also ordered by the Court to provide Mr. M. C. Mehta Rs. 50,000 as a token of appreciation for his environmental conservation efforts. In this instance, the court also highlighted the establishment of Green Benches in India, which are especially tasked with protecting the environment and ensuring that environmental cases are resolved quickly.
2.Ganga river case[ M.C Mehta VS Union of India]
The Supreme Court noted in a Public Interest Litigation (PIL) brought by Mr. M. C. Mehta U/A 32 of the Indian Constitution that the Ganga water was extremely poisonous close to Kanpur city because nearby tanneries were dumping their raw wastewater into the river. Additionally, nine nallahs were dumping muck and sewage effluents into the river. In the same way, partially burned and dead bodies were dumped into the river. Additionally, the city’s overall sanitary conditions and water supply were subpar and fell short of what is expected of a typical metropolis. The petitioner requested that a writ, order, or directive be issued to prevent the State of Uttar Pradesh from discharging trade wastewater into the Ganga River. The respondents said that the Kanpur city tanneries were unable to establish the necessary treatment facilities because they lacked the necessary financial resources, technical know-how, and physical infrastructure.
The Court rejected their claims, ruling that “a tannery’s financial capacity should be considered irrelevant while requiring them to establish primary treatment plants. Additionally, the court noted that the iron and manganese concentrations in the river water exceeded the ISI limits, which was determined to be extremely dangerous for human consumption. The court mandated that the tanneries that did not appear before it cease operations and install pre-treatment equipment for trade effluents before they reopen. As a result, the court found the Kanpur Mahanagarpalika accountable and issued a number of directives for the PCA (Prevention, Control, and Abatement) of Ganga pollution, including: Expanding the size of sewers in labor colonies ,building numerous restrooms and urinals, stopping the disposal of dead bodies, partially burned bodies, or ashes into rivers following funeral rites.
FAQS
1.What is environment ?
The most recent environmental protection programs and technology were examined using the deduction approach, and it was determined that states ought to implement them.It was discovered that the word “environment” comes from the French word “environner,” which means “to encircle.” It includes every environment in which people live. Both the entire natural world and the man-made landscape are included in these settings. The human-made environment is made up of constructions like highways, parks, bridges, monuments, gardens, and more, whereas the natural environment is made up of things like air, water, lakes, trees, and mountains. According to Section 2(a) of the Environment Protection Act of 1986, the environment encompasses water, air, and land as well as the relationships that exist between these elements and other living things, humans, plants, microorganisms, and property.
2.What are main legislations related to environment in Indian constitution?
The Indian Constitution lays a strong foundation for environmental protection through several key legislative provisions. Article 48A, introduced by the 42nd Amendment in 1976, directs the State to protect and improve the environment and to safeguard forests and wildlife. Similarly, Article 51A(g) imposes a fundamental duty on every citizen to protect the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures. In addition to these constitutional directives, various central legislations have been enacted to address specific environmental issues, such as the Environment (Protection) Act, 1986, which serves as an umbrella legislation for the coordination of various environmental protection efforts. Other major laws include the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Forest (Conservation) Act, 1980. Together, these constitutional provisions and laws form the backbone of environmental governance in India.
3.What made India to introduce different legislations for protection of environment?
The need for environmental law in India was felt due to increasing environmental degradation caused by rapid industrialization, urbanization, deforestation, and population growth. As pollution of air, water, and soil intensified, it began to threaten public health, biodiversity, and the overall ecological balance. High-profile environmental disasters, such as the Bhopal Gas Tragedy in 1984, further highlighted the absence of strong legal frameworks to hold polluters accountable and prevent such incidents. Moreover, the growing awareness of global environmental issues and India’s commitment to international environmental agreements also necessitated the development of comprehensive laws. Recognizing that sustainable development is essential for the well-being of both present and future generations, India introduced various environmental laws to regulate pollution, conserve natural resources, and ensure ecological stability
Sources
1.https://www.lloydlawcollege.edu.in/blog/environmental-law.
2. https://lawbhoomi.com/important-case-laws-of-environmental-law/
