“Environmental Law- Do We Really Need It”


The importance of protecting and caring for the environment and the sustainable use of natural resources is also reflected in Indian law and international commitment to India. Constitution which is part of IVA (Art 51A-Fundamental Duty) has a duty to every citizen of India to protect and change the environment such as forests, lakes, rivers and wildlife, as well as to have compassion for nature.

In addition, the Constitution of India under Section IV (Art 48A-Directive Principles of State Policies) states that the Government shall strive to protect and regulate the environment and to protect the country’s forests and wildlife.

Several environmental laws were in place before the Independence of India. However, the real goal of establishing a well-organized system came after the UN Convention on Human Resources (Stockholm, 1972).

Following the Stockholm Convention, the National Council for Environmental Policy and Planning was established in 1972. It was established in the department of Science and Technology to establish an environmental management agency. The Council later became the Ministry of Environment and Forests (MoEF).

The MoEF was established in 1985. Today, It is the country’s governing body to oversee and regulate the environment and regulate the rule of law. Since the 1970s, several environmental laws have been enacted.

Moses and air pollution control agencies (“PCBs”, e.g., Central Pollution Control Board and “SPCBs”, e.g., State Pollution Control Boards) both form part of the monitoring and control system.

Here are some of the key laws that protect the environmental Law:

  • National Green Tribunal Act, 2010
  • Air Prevention and Damage Act, 1981
  • Water Act (Prevention and Control of Injury), 1974
  • Environmental Protection Act, 1986
  • Waste Management Laws, and much more.

National Green Tribunal Act 2010

The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) has been enacted to secure the establishment of a National Green Tribunal (NGT). It is to expeditiously expel cases of environmental protection (Environmental Law)and conservation of forests. And also other natural resources including the enactment of any legal right about the environment. The Act is also to provide assistance and compensation for damage to persons and property and related matters.

The law received the approval of the President of India on June 2, 2010. And was enforced by Central Government vide Notification no. Visit 2569 € of October 18, 2010, effective October 18, 2010.

This Act expects the establishment of NGT to address all environmental laws relating to air and water pollution. It is also for Environmental Protection Act, Forest Conservation Act and Biodiversity Act as set out in Schedule I of NGT command.

As a result of the enforcement of the National Green Tribunal Act, 2010, the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997 were repealed. The National Environment Appellate Authority established under section 3 (1) of the National Environment Appellate Authority Act, 1997 is dissolved. This is subject to the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010 vide Notification no. Travel 2570 € of October 18, 2010.

Air Prevention and Damage Act 1981

The Air (Prevention and Control of Pollution) Act, 1981 (“Air Act”) is a law for the prevention, prevention and reduction of air pollution and the establishment of Central and State Institutions to achieve the above objectives.

To address the risks posed by air pollution, circulating air standards were established under the Air Act. The Air Act seeks to address air pollution by banning the use of fossil fuels and other products, as well as regulating weapons that cause pollution.

The Air Act empowers the State Government, after consultation with the SPCB, to create any facility or facility within the State as a regulatory environment for air pollution or areas. Under this rule, the installation or use of any industrial plant in a pollution control area requires approval from the SPCB. SPCBs are also expected to test the air for air pollution control measures, inspection control systems, and manufacturing processes.

Water Act (Prevention and Control of Injury) 1974

The Water and Prevention of Water Pollution Prevention Act, 1974 (“Water Act”) (Environmental law) have been enacted to provide for the prevention and control of water pollution. And also the rehabilitation or restoration of water quality in the country.

It also helps to establish Water Pollution Prevention and Control Institutions to meet the above. The Water Act prohibits the over-discharge of waste from the water and imposes non-compliant penalties.

At the Center, the Water Act has established the CPCB which establishes standards for the prevention and control of water pollution. At the State level, SPCBs operate under the guidance of the CPCB and the State Government.

In addition, the Water (Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the financing and collection of water for people who work in various occupations.

This is compiled to increase the resources of the Central Board and State Boards to prevent and address water pollution established under the Water (Prevention and Control of Pollution) Act, 1974. The Act was last amended in 2003.

Environmental Protection Act 1986 (Environmental Law)

The Environmental Protection Act, 1986 (the “Environment Act”) provides for the protection and maintenance of the environment. The Environmental Protection Act establishes a mechanism for learning, preparing and meeting long-term environmental protection requirements. And also establishing a quick and comprehensive approach to environmental threats.

It is an umbrella law enacted to provide a framework for facilitating the interaction of central and state governments established under the Water Act, 1974 and the Air Act. The term “environment” is best understood under s 2 (a) of the Environment Act.

There is also water, air and soil as well as connections between water, air and soil, humans, other creatures, plants, insects and goods.

Under environmental law, the Central Government is empowered to take the necessary measures to protect and change the environment by setting standards for the release. And release of pollutants into the atmosphere by any person working or working. Industrialization; hazardous waste management, and public health safety.

From time to time, the Central Government provides notices under the Environmental Protection Act for environmental hazards or instructions on activities under the Environmental Act.

There is penalty in the event of non-compliance with or violation of the Environment law, or the laws or regulations under this Act. The offender shall be liable to imprisonment for a term not exceeding five years or to a fine of 1,00,000, or both.

In the event of such breach, an additional fine of up to R5000 per day. In case the failure or breach continues after the first person has failed or violated the law, he or she must pay a fine.

Additionally, if the offence continues for more than one year from the date of sentencing, the offender will be punished with imprisonment for a period not exceeding seven years.

Damage Regulations under Environmental law.

Hazardous waste means any waste that, due to any other physical, chemical, hazardous, toxic, combustible, fermented or destructive hazard, poses an accident or is detrimental to health or the environment, whether alone or in contact with other waste or material.

There are several laws that directly or indirectly address hazardous waste management practices. The relevant laws are the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment Tribunal Act, 1995 and governed by notices under the Environmental Act. Some of the rules regarding hazardous waste management are outlined below.

Hazardous Waste (Management, Handling and Transboundary) Regulations, 2008, guided the production, storage, and importation of hazardous waste and hazardous waste management.

The Biomedical Waste (Management and Handling) Act, 1998, was similarly designed, to effectively dispose of, exclude, carry, and, in many cases, waste products.

Municipal Solid Waste (Management and Handling) By-Laws, 2000) aims to scientifically enable municipalities to dispose of urban waste.

Because of the temporary presence and proliferation of other groups making it difficult to implement Biomedical Waste (Management and Handling) Regulations, 1998. Also, the Municipal Solid Waste (Management and Handling) Regulations, 2000, the Ministry of Environment, Forestry and Climate Change has enacted Bio-Medical Waste (Management & Handling) Regulations, 2015 (BMW Rules) and Solid Waste Management Rules, 2015 (SWM Rules) and sought comment on those rules.

BMW Rules should replace Biomedical Waste (Management and Handling) Rules, 1998, and SWM Rules should replace the Municipal Solid Waste (Management and Handling) Rules, 2000. The purpose of BMW Rules is to assist regulators to implement these regulations effectively. And thereby reducing the production of waste. It also included appropriate treatment and removal and ensuring that waste is properly managed. And the SWM Regulations seek to address wastewater management including the source of waste, waste disposal, support and final removal.

E-Waste (Management and Handling) Act, 2011

The E-Waste (Management and Handling) Act, 2011 was promulgated on May 1, 2011, and came into effect on May 1, 2012. It’s main objective was of reducing the use of hazardous substances in electronic and electronic devices. This was to be done by describing how to use hazardous and waste products in the country. It was in interest to reaffirm the environment.

These Terms apply to any manufacturer, buyer or consumer, the collection, disposal and disposal of e-waste. This is the waste that is available for the manufacture, sale, purchase and repair of electrical and electronic equipment or other materials such as these Terms.

Battery (Management & Handling) Regulations The 2001 Act deals with acid batteries’ proper management and waste management. This Act requires all manufacturers, collectors, repairers, importers, suppliers, retailers, wholesalers, buyers, co-operatives, manufacturers, suppliers, buyers and users of batteries or their equipment, to comply with their Battery (Management & Management) Management Laws, 2001.

In addition, there are many other Environmental laws, which are –

Wildlife Act, 1972

The Wild Life (Protection) Act, 1972 was established to effectively protect the country’s wildlife and regulate the destruction, smuggling and illegal trade in wildlife and its wildlife. This law was amended in January 2003 and the penalties and penalties in cases have been very strict.

The ministry will also call for a change in the law by introducing more stringent legislative measures. The goal is to protect endangered animals and animals.

Forest Conservation Act, 1980

The Forest Conservation Act, 1980 is a type of Environmental law that was enacted to help protect the country’s forests. It enacts laws relating to forestry or the use of forests without government permission. To this end, the law sets out the requirements for the establishment of forest land for non-forest purposes.

The Forest Standards (Recognition of Forest Rights) Act, 2006, recognizes the rights of forest dwellers living in the jungle. It also recognises other forest dwellers in densely forested communities. the same.

The Indian Forest Act, 1927 incorporates forest law, forest harvesting practices and the work that is to be paid for trees and other crops.

Public Insurance Act, 1991

The Public Liability Insurance Act, 1991 was established to obtain interest rates for those affected by an accident involving the use of any hazardous substance. This rule applies to all who have the opportunity to manufacture or maintain any dangerous drug.)

Biological Diversity Act, 2002

The Biological Diversity Act 2002 was born to help India achieve the goals set out in the United Nations Convention on Biological Diversity (CBD), 1992. And which recognizes that countries have the right to use their resources.

This act seeks to protect the environment and related information and to enable them to access it. The National Biodiversity Authority in Chennai has been established to meet the objectives of the policy.

Notification of Marine Management Area

The Ministry of Environment and Forestry issued Notification no. S O. 19 €, dated January 06, 2011, to ensure the livelihoods of fishermen and other coastal communities. This is in regards to protecting the coast and promoting sustainable development based on scientific principles given the dangers of natural disasters. ‘seaside and rising tides due to global warming.



Leave a Reply