ENVIRONMENTAL LEGISLATION AND ENVIRONMENTAL LEGISLATION IN INDIA | ENVIRONMENTAL GEOGRAPHY Optional for UPSC

Introduction

• Environment legislation is the collection of laws promulgated to specifically govern various aspects of the environment like air, water, forest, wildlife, etc.
• National environmental legislations are in the form of Acts, Rules, Regulations, etc. 
• In the international arena, it is concise in Conventions, Treaties, Protocols, etc.
• India has a comprehensive framework of environmental legislation aimed at protecting and preserving its natural resources and ecosystems.
• Environmental legislation in India encompasses various acts, rules, and policies formulated by the central and state governments.
• These laws aim to prevent pollution, conserve natural resources, promote sustainable development, and ensure environmental justice.
• Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. - Phillipe Sands (2003) 

Thinkers Perspectives on Environmental Legislation in India

1. Ecological Marxism

• Ecological Marxists emphasize the link between capitalism, economic development, and environmental degradation.
• They argue that environmental legislation in India should address the root causes of environmental problems, such as unequal distribution of resources and profit-driven industrialization.
• According to them, environmental legislation should promote sustainable development and social justice.

2. Deep Ecology

• Deep ecologists believe in the intrinsic value of nature and advocate for a more holistic approach to environmental legislation.
• They argue that environmental laws should recognize the rights of ecosystems and non-human species, considering them as equal stakeholders.
• Deep ecologists propose that India's environmental legislation should prioritize biodiversity conservation and ecological integrity.

3. Environmental Ethics

• Environmental ethicists emphasize the moral and ethical dimensions of environmental issues.
• Environmental ethics calls for incorporating ethical considerations into decision-making processes and ensuring accountability for environmental actions.

4. Environmental Justice

• Environmental justice thinkers focus on the unequal distribution of environmental benefits and burdens among different social groups.
• They argue that environmental legislation should address environmental racism, class-based disparities, and marginalized communities' vulnerability to environmental hazards.

5. Conservation Biology

• Conservation biologists emphasize the scientific understanding and conservation of biodiversity.
• They argue that environmental legislation in India should prioritize the protection and restoration of critical ecosystems and endangered species.

6. Sustainable Development

• Sustainable development thinkers aim to balance economic growth with environmental protection and social well-being.
• Sustainable development advocates for integrating economic, environmental, and social factors into policy-making and planning processes.

7. Precautionary principle

• Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

8. Polluter pays principle

• Environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.

Types of environmental laws

Command-and-control legislation

• Most environmental law falls into this category.
• Such laws typically involve three elements: 
  
  • Identification of a type of environmentally harmful activity, 
  • Imposition of specific conditions or standards on that activity, and 
  • Prohibition of forms of the activity that fail to comply with the imposed conditions or standards.

Environmental assessment mandates

• Such mandates generally perform three functions: 
  
  • Identification of a level or threshold of potential environmental impact at which a contemplated action is significant enough to require the preparation of an assessment, 
  • Establishment of specific goals for the assessment mandated, and 
  • Setting of requirements to ensure that the assessment will be considered in determining whether to proceed with the action as originally contemplated or to pursue an alternative action.
• This information potentially improves the decision making of government officials and increases the public’s involvement in the creation of environmental policy.

Economic incentives

• Use of economic instruments to create incentives for environmental protection is a popular form of environmental law.
• Example include pollution taxes, subsidies for clean technologies and practices, and the creation of markets in either environmental protection or pollution.

Set-aside schemes

It include setting aside of lands and waters in their natural state. Ex: National Parks, government own lands etc.

Evolution of Environmental Legislation in India:

1. The Bhopal Gas Tragedy (1984):

• This incident led to the enactment of the Environment (Protection) Act, 1986, and highlighted the importance of stringent regulations and safety measures.

2. The Vedanta Mining Case in Niyamgiri Hills:

• The Supreme Court of India, in 2013, rejected Vedanta Resources' proposal to mine bauxite in the ecologically sensitive Niyamgiri Hills of Odisha.
• The judgment acknowledged the rights of local tribal communities and the significance of protecting fragile ecosystems.

3. The Ganges River Pollution:

• The pollution of the Ganges River, a lifeline for millions of people, led to the implementation of the Ganga Action Plan in 1985.
• The plan aimed to reduce pollution through wastewater treatment, sewage management, and the regulation of industrial effluents.

4. The Forest Rights Act, 2006:

• It recognized the rights of forest-dwelling communities over traditional forestlands.
• This legislation aimed to address historical injustices, promote sustainable forest management, and protect the rights of marginalized communities.

Major Environmental Acts in India:

1. The Water (Prevention and Control of Pollution) Act, 1974:

• It focuses on preventing and controlling water pollution caused by industrial and domestic sources.
• The act establishes central and state pollution control boards to monitor and enforce regulations.

 2. The Air (Prevention and Control of Pollution) Act, 1981:

• It aims to prevent and control air pollution from industrial emissions, vehicles, and other sources.
• The act empowers central and state pollution control boards to enforce regulations and standards.

3. The Environment (Protection) Act, 1986:

• It provides a comprehensive framework for environmental protection and conservation.
• The act grants authority to the central government to take measures to protect and improve the environment.

4. The Forest (Conservation) Act, 1980:

• It regulates the diversion of forest land for non-forest purposes and promotes sustainable forest management.
• The act requires prior approval from the central government for any forest land diversion.

Major Aspects of Environmental Legislations in India

1. Sustainable Development Approach

• These advocate for an integrated approach to environmental legislation that incorporates principles of sustainable development.
• They emphasize the importance of balancing economic development with environmental conservation to achieve long-term well-being.

2. Ecosystem Conservation

• Legislations promote the sustainable management of natural resources and support the conservation of endangered species.

3. Climate Change Mitigation

• Legislations prioritize the reduction of greenhouse gas emissions, promote renewable energy sources, and encourage energy efficiency measures.
• They advocate for laws that promote climate resilience, such as regulations on land-use planning and disaster management.

4. Environmental Impact Assessment (EIA)

• Legislations ensure the participation of local communities and stakeholders in the decision-making process.
• They advocate for transparent and robust EIA procedures to prevent environmental damage and ensure sustainable development.

5. Pollution Control and Waste Management

• Laws regulate industrial pollution, vehicular emissions, and waste disposal practices.
• They emphasize the importance of promoting cleaner technologies, recycling, and the reduction of single-use plastics.

6. Legal Enforcement and Compliance

• Laws include provisions for penalties and sanctions for non-compliance.
• They advocate for the establishment of dedicated environmental courts or tribunals to handle environmental disputes and facilitate effective enforcement.

7. Role of Public Awareness and Education

• Legislation should support environmental education programs and campaigns to promote sustainable practices.
• They advocate for laws that encourage public participation and engagement in environmental decision-making processes.