India is one of the very few countries of the world which has enshrined in its constitutions of a commitment to Environment protection and improvement. The environmental law is a new division of law. Although some provisions in the constitution relating to improvement in quality of the life been made since its proclamation in 1950, but a direct reference to environmental protection and improvement was introduced with the constitution (42ndAmendment) Act of 1976.
The 42th Amendment Act: This act match made has certain changes in the seventh schedule of the constitution.
Constitutional – Topic and legal Provisions In India
In the concurrent list after 17, entry 17-A was inserted with provided for “forests”. Originally, forests were a subject of state lists. As there was no uniform policy followed by the state in respect of protection of forests, this subject was transferred to list III. Now on the subject, the Parliament has the state legislature may pass legislation. The subject of protection of wild animals and birds was also transferred from list second entry, entry 20 and inserted in list III, entry 17-B. The Amendment Act of for the first time introduced a new entry, 20-A in list III after entry 20. Entry 20-A deals with population control and family planning. Today, the greatest pollution is the number of peoples, the enormous increase in population in mainly possible for the modern environmental problems.
The Wildlife (Protection) Act, 1972: The legal sanction to protect different segments of environment in India, has been provided by successive enactment of certain other laws. The Wildlife (Protection) Act, 1972 was enacted to protect the wild animals and birds, particularly the rare species such as the lion and the Great Horned which are fast disappearing.
The (Prevention and Control of Pollution) Act, 1974: The act came into force to protect environment. The intention of the Government of India was to extend the earth to the whole country and hence a provision made in that section III of the act that may state can adopt the act and act would come into force in that state from the date of adoption.
The Forest (Conversation) Act, 1988: Of all the environmental problems facing the country, the problem of deforestation has received Maximum Public attention. Despite the law of the subject (Indian forest act, 1927) deforestation has reached such a state that it has created a walk in the economic system. Thousands of trees are killed daily for commercial and noncommercial proper under the changes social economicand political environmental problems after independence our conversation act, 1980 was passed by the government. The act was further amended in 1988. Under the act, the central government may constitute an advisory committee to advise to the government regarding grant of approval under section 2 and any other matter connected with the conversion of forests which may be referred to all by the central government. The central government makes rules for carrying out the provision of the act.
The air (Prevention and Control Pollution) act, 1981: it is another important act to which has been passed by the government of India. It was also amended in 1988. The act makes provisions for prevention, control abatement of air pollution. For establishment of the board for conferring powers and functions relating thereto for matters connected therewith. These boards have been empowered to establish a regulatory to enable that then to perform their function efficiently.
Environment (Protection) Act, 1986: The Government of the India has enacted another important act in order to protect the environment, known as Environment protection Act1986, which has been brought into force with effect from November 19, 1986. The act was passed for the following objectives; protection, regulation of discharge of environmental quality and handling of hazardous substance, speedy response in event of accident threatening environment and giving deterrent punished to those who endanger human environment’s safety and health.
In order to protect and improve the environment as a whole and to prevent hazards to the human beings, other living creatures, plants and property, the Environment protection Act, 1986 was promulgated in the year 1986 Ministry of environment forest notified by the rules of under the Environment protection Act, 1986.
Manufacturer, storage and Import of hazardous Chemicals. The hazardous waste (Management and Handling) rules, 1986/2000, Rules for manufacture, use, import, export and storage of hazardous microorganism genetically engrossed organism of cells, 1986. Noise pollution (control and regulation) rules, 1999. Bio-medical Wastes (Management and handling) rules, 1998, recycled plastics manufacture and uses rules, 1999; Municipal solid wastes(Management and handling) rules, 2000.
Public liability insurance act, 1991: This act was passed in order to give compensation for damages accruing to the public out on the industrial pollution accidents. It provides for mandatory insurance for the purpose for providing immediate relief to the persons affected by accidents occurring while handling by hazardous substance.
Section 133 and 144 of The Criminal Procedure Code: Empower the state Organs to instantly prevent any injury or nuisance to public safety and Public Interest following from action or omission causing pollution which are the authorities concerned identify and interrupt as such. Likewise section 269,277, 219 and 426 also provide respectively for protection of environment by punishing negligent act like to spread infection of this is dangerous to live activities, which corrupts or foul the water of any public spring or reservoir, pollution of water bodies other than springs and reservoir, pollution of water bodies other than springs and reservoirs, as may be demand to public nuisance and any pollution to a water body which can be treated as a mischief. Similarly, the Merchant Shipping Act provides for action against marine pollution specifically. The Legislation to empower the state agencies to prevent deterioration of the environment and also cast responsibility on them to promote and improve environment. It can be concluded that prevention and control of pollution is regulated under the following environmental Legislation:
water (Prevention and Control of Pollution) act, 1974, water (Prevention and Control of Pollution act, 1977, Air (Prevention and Control of pollution act 1981, Environment protection Act 1986.
Amongst the various administrative Institutes, that came into existence after Mrs. Indira Gandhi visit to the Stockholm Conference following:
Indian board for wildlife 1952; National committee on Environment Planning Coordination 1972; Central Board for the prevention and control of water pollution 1974; Department of Environment 1980; Ministry for Environment and Forest 1982; Department of environment in 20 states, 3 union territory of India; Central pollution control board; state pollution control board; Indian Council of Forestry Research and Education 1982; National wasteland Development board 1985.
At the present time Ministry of Environment and Forest may be regarded as a nodal agency for environmental management in India. Ministry of Environment and Forest serve as a focal point in the Administrative structure of the central government for planning promotion and coordination of environment and Forestry program.