Important Environmental Acts In India

List of Important Environmental Acts In India

WILD LIFE PROTECTION ACT 1972

• Soon after the Stockholm Conference (5th June 1972) our country took substantive legislative steps for environmental protection.
• India is the first country in the world to have made provisions for the protection and conservation of environment in its constitution.
• The Act provides for the formation of wildlife advisory boards, specifies their powers and duties, etc.
• It helped India become a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
• The rating of the Schedules I to V is in accordance with the risk of survival of the wildlife (fauna) enlisted in them.
• Animals included in different Schedule are provided for total protection from hunting and the trade and commerce related to such animals are strictly regulated.
• It provides for the establishment of wildlife sanctuaries, national parks, etc.
• Its provisions paved the way for the formation of the Central Zoo Authority. This is the central body responsible for the oversight of zoos in India. It was established in 1992.
• The schedule VI has been added to include the specified plant species to be protected by the Wildlife (Protection) Amendment Act of 1991.
• With the amendment of the Act in 1991, powers of the State Governments have been withdrawn almost totally. Now the State Governments are not empowered to declare any wild animal a vermin.
• The National Board for Wildlife was constituted as a statutory organization under the provisions of this Act.
• The Act also provided for the establishment of the National Tiger Conservation Authority.
• There are five types of protected areas as provided under the Act.
  • Sanctuaries: It is a place of refuge that was injured, abandoned, and abused wildlife is allowed to live in peace in their natural environment without any human intervention.
  • National Parks: These are the areas that are set by the government to conserve the natural environment.
  • Conservation Reserves: The State government may declare an area (particularly those adjacent to sanctuaries or parks) as conservation reserves after consulting with local communities.
  • Community Reserves: The State government may declare any private or community land as a community reserve after consultation with the local community or an individual who has volunteered to conserve the wildlife.
  • Tiger Reserves: These areas are reserved for the protection and conservation of tigers in India. They are declared on the recommendations of the National Tiger Conservation Authority.
• The Wildlife Crime Control Bureau (WCCB) was constituted via the 2006 amendment to monitor and control the illegal trade in wildlife products.

Water (Prevention and Control of Pollution) Act of 1974 and Amendment, 1988

• The main objective of this act is to provide prevention and control of water pollution and maintaining or restoring of wholesomeness and purity of water (in the streams or wells or on land).
• The Act vests regulatory authority in State Pollution Control Boards (SPCB) and empowers these Boards to establish and enforce effluent standards for factories discharging pollutants into water bodies.
• A Central Pollution Control Board (CPCB) performs the same functions for Union Territories and formulates policies and coordinates activities of different State Boards.
• The State Pollution Control Boards control sewage and industrial effluent discharges by approving, rejecting, or impose conditions while granting consent to discharge.
• The Act grants power to SPCB and CPCB to test equipment and to take the sample for analysis.
• Before its amendment in 1988, enforcement under the Act was achieved through criminal prosecutions initiated by the Boards.
• The 1988 amendment act empowered SPCB and CPCB to close a defaulting industrial plant.

Water (Prevention and Control of Pollution) Cess Act of 1977

• The Water Cess Act was passed to generate financial resources to meet the expenses of the Central and State Pollution Boards.
• The Act creates economic incentives for pollution control and requires local authorities and certain designated industries to pay a cess (tax) for water effluent discharge.
• The Central Government, after deducting the expenses of collection, pays the central and state boards such sums, as it seems necessary.
• To encourage capital investment in pollution control, the Act gives a polluter a 70% rebate of the applicable cess upon installing effluent treatment equipment.

Air (Prevention and Control of Pollution) Act of 1981 and Amendment, 1987

• To implement the decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972, Parliament enacted the nationwide Air Act.
• The main objectives of this Act are to improve the quality of air and to prevent, control, and abate air pollution in the country.
• It has expanded the authority of the central and state boards established under the Water Act, to include air pollution control.
• States not having water pollution boards were required to set up air pollution boards.
• Under the Air Act, all industries operating within designated air pollution control areas must obtain “consent” (permit) from the State Boards.
• The states are required to prescribe emission standards for industry and automobiles after consulting the central board and noting its ambient air quality standards.
• The Act grants power to SPCB and to test equipment and to take the sample for analysis from any chimney, fly ash or dust or any other.
• Before its amendment in 1988, enforcement under the Act was achieved through criminal prosecutions initiated by the Boards.
• The 1988 amendment act empowered SPCB and CPCB to close a defaulting industrial plant.
• Notably, the 1987 amendment introduced a citizen’s suit provision into the Air Act and extended the Act to include noise pollution.

ENVIRONMENT (PROTECTION) ACT, 1986

• The Act empowers the Central Government to take all appropriate measures to prevent and control pollution and to establish effective machinery for the purpose of protecting and improving the quality of the environment.
• The Central Government or any other person duly authorised is empowered to collect the samples of air, water, soil or other substances as evidence of the offences under the Environment (Protection) Act, 1986.
• The Act prescribes a special procedure for handling hazardous substances.
• The Environment (Protection) Act, 1986 has relaxed the rule of “Locus Standi” and because of such relaxation even a common citizen can approach the Court.
• It grants immunity to the officers of the Government for any act done under the provisions of this Act or the powers vested in them or functions assigned to them under this Act.
• The Act debars the Civil Courts from having any jurisdiction to entertain any suit or proceeding in respect of an action, direction, order issued by the Central Government, or other statutory authority under this Act.
• Under the Act, there will be supremacy of provision. In other words, the provisions of this Act and the rules or orders made under this Act shall have effect and supremacy over anything inconsistent contained in any enactment other than this Act.

Indian Forest Act, 1927

• The main objective was to secure exclusive state control over forests to meet the demand for timber. Most of these untitled lands had traditionally belonged to the forest-dwelling communities.
• The Act defined state ownership regulated its use and appropriated the power to substitute or extinguish customary rights. The Act facilitates three categories of forests, namely
  • Reserved forests
  • Village forests
  • Protected forests
• Reserved forests are the most protected within these categories. No rights can be acquired in reserved forests except by succession or under a grant or contract with the government. Felling trees, grazing cattle, removing forest products, quarrying, fishing, and hunting are punishable with a fine or imprisonment. Although the Indian Forest Act is a federal act, many states have enacted similar forest acts but with some modifications.

Forest Conservation Act, 1980

• It was passed to check further deforestation and conserve forests. Major objectives of this act were:
  • Restricting the use of forest land for non-forest purposes
  • Preventing the de-reservation of forests that have been reserved under the Indian Forest Act, 1927
  • Restrict leasing of forest land to private individuals, authority, corporations not owned by the Government
  • To prevent clear-felling of naturally grown trees
• In essence, the Act merely shifts powers for decisions concerning forest land use from the State to the Centre.

Biological Diversity Act, 2002

• The Biological Diversity Act 2002 was born out of India’s attempt to realize the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their Biological Resources.
• Objectives
  • Conservation of biological diversity;
  • Sustainable use of its components; and
  • Fair and equitable sharing of the benefits arising from the utilization of genetic resources.
• The Act envisages a three-tier structure to regulate access to the biological resources, comprising of National Biodiversity Authority (NBA), State Biodiversity Boards (SBB), and Biodiversity Management Committees (BMC) at the local level.

National Green Tribunal Act (NGT Act), 2010

• National Green Tribunal is a specialised body set up under the act for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
• The NGT Act also provides a procedure for a penalty for non-compliance:
  • Imprisonment for a term which may extend to three years,
  • Fine which may extend to ten crore rupees, and
  • Both fine and imprisonment.
• An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of the communication.
• The NGT deals with civil cases under the seven laws related to the environment, these include:
  • The Water (Prevention and Control of Pollution) Act, 1974,
  • The Water (Prevention and Control of Pollution) Cess Act, 1977,
  • The Forest (Conservation) Act, 1980,
  • The Air (Prevention and Control of Pollution) Act, 1981,
  • The Environment (Protection) Act, 1986,
  • The Public Liability Insurance Act, 1991 and
  • The Biological Diversity Act, 2002.
• Any violation of these laws or any decision taken by the Government under these laws can be challenged before the NGT.

Constitutional Provisions for Environment Protection

• The provisions for environmental protection in the constitution were made within four years of Stockholm Conference, in 1976, though the 42nd amendment as follows:
• Article-48-A of the constitution provides: “The state shall endeavour to protect and improve the environment and to safeguard forest and wildlife of the country.”
• Article 51-A (g) Provides: “It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife an to have compassion for living creatures.”

For more articles of environment, click here.

Top 50 Science MCQs For Competitive Exams