AN OVERALL ANALYSIS ON ENVIRONMENTAL LAW AND POLICIES
Author: Swapna Sudha Sahoo, SOA National Institute of Law, Bhubaneswar, Odisha.
Environmental law is based on the rules and regulations which are followed to protect our environment from any kind of health hazards or problems to us as well as the society. The quality of environment has been deteriorating since two decades due to weak policy and rules and the gap between real and virtual achievement of such policies.
The environmental problems are due to over population and limited resources. Various methods are adopted to control the environmental problems. The government has planned to adopt proper water and land management projects for safe and healthy use by the people as well as protection of environmental resources is also included in the constitution since 1976. The 42nd amendment act of 1977 suggests for the protection of the environment for the safety of the whole society.
Article 51- A (9) states that, “It shall be the duty of every citizen to protect and improve the natural environment including lakes, forests, lakes, rivers, wildlife and to have compassion for living creatures.” India’s first national law of environment was the Insecticidal Act enacted in 1968 for regulating the import manufacture, transport, sale, distribution, and use of insecticides to reduce the risk of the human beings or animals. There was environmental management in 1972 in India. India made first attempt to address national protection through the formation of National Committee on Environmental Planning and Co- ordination (NCEPC). The NCEPC was established in year 1972 to prepare and draft a report on the environmental state in India for the Human Environment Conference at Stockholm in June 1972 which was established to promote greater co- ordination and integration in environmental policies and programmes.
The Wildlife Protection Act was enacted in the same year in 1972 to provide protection of wild animals and birds. This act provided a wildlife advisory board for each state, regulation or restricting the hunting of wild animals and birds, and proper declaring of safe areas like Sanctuaries and National Parks. It also provided for regulation of possession, acquisition and trade in wild animals and animal products. However this act was far from achieving any fruitful results. It failed to prevent the hunting of wild animals . The first national law for pollution control was enacted in 1974. The Water (Prevention and Control of Pollution)Act of 1974 was an enhancing milestone in India’s legislation. It provided for pollution control boards at centre and state for proper supply of water, for the purpose of prevention, abatement, and control of water pollution.
THE FOLLOWING FUNCTIONS ARE PERFORMED BY THE MINISTRY OF ENVIRONMENT AND FORESTS:
- Survey of natural resources in the country.
- Conservation of natural resources including forestry and wildlife.
- The management action plans for wetlands and coral reefs of Andaman and Nicobar.
- Lake Conservation
- Biodiversity Conservation:
It was ratified by India on 18th February, 1994 and came into force from 19th May, 1994.
- Forest Conservation
- The Forest Conservation Act of 1980
- Wildlife Conservation
- Animal Welfare
- Environmental Information System
- Forestry Education and Research
THE MOTOR VEHICLES ACT OF 1988:
The Motor Vehicles Act of 1939 which was amended years after independence did not provide much about the prevention of air and noise pollution produced by the automobiles. The Motor Vehicles Act of 1988 provided measures for eradicating the air and noise pollution produced by the automobiles. This Act is enforced by the state governments in their respective states. It was again passed in July 2000 which gave permission for the use of the CNG as an environment friendly auto fuel.
THE FACTORIES ACT 1948:
It was an important milestone in environmental legislation. It is an old legislation amended over time to make it more effective and comprehensive as well as effective. Chapter III relates to health.
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974:
Water pollution has not only affected the aquatic animals but also severely damaged the land animals. The pollution is due to population explosion and large-scale industrialization. This act was passed in 1974 to tackle the water pollution problem. It provides legal deterrents against spread of water pollution. It applies to the states of Bihar, Assam, Haryana and Gujarat.
- To control water pollution
- To maintain the good and proper quality of water
- Establishment of central and state boards
SOME OF IT’S TERMS:
- Trade Effluent
- Sewage Effluent
Environment is a protective shield for our society. It needs to be preserved for a longer time. It should be prevented from any kind of exploitation. The Environment Protection Act must be passed to protect the environment and ecosystem from possible threats. Many problems should be avoided which are concerned with pollution or environmental pollution. Scientific research is playing and will always play to prevent any kind of problems that may arise and create a problem for the whole environment.