Constitutional provisions in India (Article 48A and 51A)

48A – the state shall endeavour to protect and improve the environment and to safeguard the forests
and wildlife of the country. (Directive principles of state policy). Added by 42 amendment.

51A – 42 amendment in 1976. Fundamental duties. It shall be the duty of every citizen of India to
protect and improve the natural environment including forests, lakes, river, and wildlife and to have
compassion for living creatures.

Wildlife Protection Act, 1972 amendments 1991

Wildlife animals and birds protection act in 1953 was seen as a model law and came out of Stockholm
Conference in 1972.

1. List of protection of flora and fauna.

2. State and Central Govt. will work to set up wildlife sanctuary or a national park
3. Authorities will: implement, regulate the hunting, protect specified plants, animals, protected
areas, and restrict trade or commerce in wild animals.

Schedules of WPA

1. Schedule I and II: animals which need absolute protection and are endangered
2. Schedule III and IV: almost same as I and II but also covers animals that are not to be extinct.
3. Schedule V: animals that can be hunted like ducks and deers but license has to be taken.
4. Schedule VI: cultivation and plant life and set up more animal parks.

Features

1. Hunting of animals from schedule I to IV is banned. Schedule I can be hunted but with
permission from Chief Wildlife Warden.
2. Chief Wildlife Warden can give special grant to hunt wild animal for only scientific,
management, and research, education.
3. Cooking or serving meat is illegal.
4. State Govt. has the power to make any area forest area.
5. Only permit holder will go inside the park.
6. Term trophy means any part of captive animal other than vermin. Eg. Feathers, tail, eggs, anil,
tooth, etc.
7. 1-6 years of jail and 5000 rupees fine.
8. 650 protected areas (NP and sanctuaries)
9. India has 2.9% of IUCN designated threatened species but WPA does not grant them a special
status.
10. Human wildlife conflict: Reduced prey carnivores, encroachment of forest areas, agriculture
expansion, habitat fragmentation.
Forest Conservation Act, 1980

It is a regulatory act not prohibitory.

1. To conserve forests and resources

2. It covers all types of forests: Reserved/Protected/Any forested land
3. Under the Act, there is National Forest Policy 1980 which prohibits State Govt. to declare any
forest as non-reserved.
4. Amended in 1988 (Prohibit lease of forest land to anybody, enhance conservation and increase
forest cover by 30%)
5. Salient features: State Govt. use forests for forestry only, If used for other purpose then
permission has to be taken, provision for conservation of all forests types, any illegal non-
forestry activity within a forest can be immediately stopped.
6. 1992 amendment: non-forest activities to be allowed, sanctuaries, national parks, are prohibited
or any exploration, survey, cultivation of tea, coffee, rubber not allowed, mining is a non-forest
activity allowed with permission, non-forest activity must have cost-benefit analysis and
environmental impact statement, imprisonment upto 15 days.

Indian Forest Act, Revised 1982

1. Established in 1927.
2. Its aim is to consolidate law related to forests
3. Regulation of transit of forest produce
4. To levy duty on timber and other products
5. Reserved forest: Forest is considered a reserved one when it is under the Government, usage of
such a forest is prohibited unless exclusive permission is given by Govt,
6. Village forest: It is a reserved forest, permission by govt. to villagers
7. Protected forest: any forest can be regarded as protected forest except reserved forest and
private forest

Biological Diversity Act, 2002

The act was enacted to meet the obligations under CBD to which India is a party.

Aims at the following:

1. Conservation of biological resources

2. Managing its sustainable use
3. Enabling fair and equitable sharing benefits
4. Advise the Government on conservation of biodiversity and selection of biological heritage sites.
5. Oppose grant of intellectual property rights in foreign countries from use of traditional
knowledge.

Biodiversity means the variability among living organisms from all sources and the ecological complexes
of which they are part and includes diversity within space or between species and ecosystems.
Biological resources means plants, animals, and micro-organisms or parts of thereof their genetic
material and by-product (excluding value added products) with actual or potential use or value. But does
not include human genetic material.

National Biodiversity Authority (NBA) established in 2003, HQ in Chennai, TN. Is a statutory body.

Functions of NBA

1. To promote conservation and sustainable use of biodiversity.

2. Regulating activities and issuing guidelines for access to biological resources and for fair and
equitable benefit sharing
3. Oppose grant of intellectual property rights
4. Advising State Govts.

State Biodiversity Boards (SBB) in 29 states and Biological Management Committees.

National Forest Policy, 1988

1. Forests were included in the Concurrent List from State List in 1976.
2. Focuses on the revenue generation of forests and environmental stability and ecological
balance.
3. The policy has been instrumental in strengthening ecological security, sustainable forest
management, and participatory forest management.
4. Natural heritage of the country.
5. Improve soil cover and conserve water.
6. Increase tree/forest cover.
7. Balance to need to increase forest cover.
8. Checking soil erosion and denundation.
9. Checking extension of sand dunes
10. Meeting the requirements of fuel wood
11. Increase forest productivity

National Water Policy, 2002

Stipulates water allocation broadly in the following order:

1. Drinking water
2. Irrigation
3. Hydro-power
4. Navigation
5. Industrial
6. Other uses

Looks for approaches for water management.

Key features

1. Irrigation and multi-purpose projects should include drinking water component, wherever there
is no alternative source of drinking water.
2. Providing drinking water to animals and humans should be first priority.
3. Measure should be taken to regulate exploitation of groundwater.
4. Surface and groundwater should be monitored
5. Efficiency of utilization should be improved.
6. Awareness about water as a scarce resource should be done
7. Conservation consciousness should be promoted through education, regulation, etc.

National Environmental Policy, 2006

 It was an effort towards a clean environment.

 It provides strategies and standards that ensure environmental safety to surrounding areas,
working areas, labs, etc. are free from dangers.
 Efforts towards a ecological resources
 Judicious use of environmental resources for present and future generations.
 Equal access to environmental resources
 Minimize harmful effect on environment.
 Manage and regulate environmental resources using transparency, accountability, reduction in
time and cost.

Provisions

1. Conservation of critical environmental resources

2. Inter-generational equity
3. Efficient use of environmental resources
4. Use of technological advances to enhance resources
5. Efficient environmental governance in resource management
6. Livelihood security for poor
7. Integration of environmental concerns for socio-economic development.

Water (Prevention and Control of Pollution) Act, 1974 amended 1988 and Rules 1975

1. To prevent and control water from pollution and maintain good water quality.
2. Central and State Boards help to maintain water quality.
3. Maintain and restore wholesomeness of water

Functions of Central and State Boards

Central Board State board

Promote Cleanliness of streams and wells of states Promote Cleanliness of streams and wells of states
Coordinate various activities of state boards Collect information for pollution control
Plan and organize training for pollution prevention Collaborate with Central Board to organize
trainings
Advise govt. for pollution prevention programs Advise State govt. for pollution control
Provide technical assistance to state boards Research to water pollution
Establish labs for testing and checking Evolve methods for treatments of water pollution

Salient Features

1. Define water pollution related terms

2. Maintain quality of underground and surface water
3. Prevents disposal of polluting matter to flowing streams.
4. 43/45/45A – Imprisonment of 3 months to 7 years and fine

Air (Prevention and Control of Pollution) Act, 1981

1. Prevention and control of air pollution and maintain air quality

Functions of Central and State Boards

Central Board State board

Promote cleanliness of air in States Plan programs for clean air in states
Coordinate various activities of State boards Collect information for pollution control
Plan and organize training Collaborate with Central Board to organize
trainings
Advise Govt. to run programs Advise State govt. for pollution control
Technical assistance to state boards Research to air pollution
Labs for testing Evolve methods for treatments of water pollution

Section 2 a defines air pollutant

Air pollutant means any solid, liquid or gaseous including noise and present in such conc. that may be
injurious to humans, plants, living creatures, property or environment

Section 2b : Air pollution is presence of air pollutant in air.

Noise Pollution (Regulation and Control) Rules, 2000

`1. Excessive, persistent, or startling sound which is offensive.

ZONE CODE ZONE NOISE LIMIT IN DB

Day-time (6 am to 10 Night-time (10 pm to 6
pm) am)
A Industrial 75 70
B Commercial 65 55
C Residential 55 45
 D Silence 50 40

Note: Silence area is 100 m around hospitals and educational area.

Causes of noise pollution

1. Natural: Air, sea, rivers, volcanoes, voice of living beings, organisms

2. Anthropogenic: Industrial, urban, rural

Environmental (Protection) Act, 1986

1. Umbrella legislation
2. India is the first country which has made provisions for the protection and improvement of
environment in its constitution.
3. Water and Air Acts
4. Act came from the Article 253 of the constitution.

Objectives

1. Creation of authorities
2. Coordination of activities
3. Regulation of discharge of environmental pollutants
4. Speedy response

Features

1. Empowered the central govt. to:

- Protect and improve the environmental quality
- Prevent and control environmental pollution
- Regulate industrial locations
- Prescribe procedures for managing substances
- Establish safeguards
- Officials can collect samples

Recent Developments

1. Central govt. prescribes noise standards for fire crackers

2. Environmental clearance for industrial projects as per provisions of EIA notification 2006
3. Section 5 for directions to control air pollution.

Motor Vehicle Act, 1988

1. Responsible for covering all the aspects that are related to road transport vehicles.
2. Cover all areas: traffic laws, vehicle insurance, motor vehicle registration, controlling permits,
and penalties.
 3. Mainly concerned with granting relief to innocent people (3rd party people) on road who are
victims of accidents and find themselves without a claim to be compensation that they should
normally receive.
4. Licensed vehicle
5. Maintain road safety requirements, dangerous and explosive materials transportation, and
pollution control measures.
6. Maintain quantity of commercial and personal cars.
7. No one under the age of 18 years is permitted to operate a vehicle in public. However, driving a
motor vehicle with an engine capacity of less than 50cc is permitted when the individual reaches
the age of 16.
8. No one less than 20 years can drive a public vehicle.

The Public Liability Insurance Act, 1991

1. Came as a result of Bhopal Gas Tragedy.

2. 1991 act ensured the factory owners against any potential personal injury and property damage
in the surrounding communities.
3. To provide immediate relief to persons affected by accidents occurring while handling
hazardous substances and for matters connected with, through insurance amount paid by the
owner of the hazardous substance.
4. Public Liability Insurance: It is the insurance covered against any hazardous substance/any other
property by its owner and the same is paid as relief or compensation to the claimant who has
been injured/any damage has been occurred due to that hazardous substance.
5. Specialty of the act: Ensure no fault labiality against the owner of hazardous substance. Owner
of hazardous substance must have insured so that any person injured or died of an hazardous
substance could claim compensation without going into question of fault on part of owner.
6. Who can apply for relief?: Person who has sustained the injury, owner of property to which
damage has been done, legal representative of the deceased, authorized agent.
7. The relief can be applied to collector under whom the accident site comes.
8. 5 years from date of incident occurrence.

Coastal Regulation Zones (CRZ) 1991

Coast is important as it is considered an ecotone.

1. India has a coastline which is more than 7500 km.

2. Ensure livelihood security to fishing communities.
3. Conserve and protect coastal stretches.
4. Promote development in sustainable manner.
5. Central Government has declared: coastal stretches of seas, bays, estuaries, creeks, rivers,
backwaters which are influenced by tidal action upto 500 m from High Tide Line and the land
between Low Tide Line and HTL as coastal zone regulation.

Not permitted activities

 CRZ I CRZ II CRZ III CRZ IV

National parks, marine parks, Areas close to shoreline Undisturbed Coastal

reserve forests, wildlife habitats, areas and do not stretches in
mangroves, coral reefs are belong to I and II Andaman and
ecologically sensitive Nicobar,
Lakshadweep
and small islands
except those in I,
II, III.
Areas of outstanding natural Legally designated urban Areas within
beauty/history/heritage areas already municipal limits
substantially built up and or other legally
which has drainage and designated
approach roads and other urban areas
infrastructural facilities which are not
such as water supply and substantially
sewerage mains. built up
Areas rich in genetic diversity
Areas likely to be denundated by
high sea rise
Global warming
Area between LTL and HTL

6. Setting up of new industries and expansion of existing industries except: those related directly
to water front/directly needing foreshore facilities, projects of Department of Atomic Energy
7. Untreated waste and effluents
8. Dumping of city or town waste
9. Dumping of ash from TPP
10. Mining of sands, rocks apart from those not available outside CRZ and exploration and
extraction of natural gas and oil.

Activities permitted

CRZ I CRZ II CRZ III CRZ IV

No new construction apart Construction and re- Activities include Coastal towns and
from projects relating to construction of buildings, setting up of No cities are required
Department of Atomic facilities for petroleum Development Zone to formulate
Energy and other major storage and notified ports. upto 200 m area sewage treatment
infrastructure projects such from HTL and 100 m plans
as pipelines, construction of along tidal
trans-harbour sea link and influenced water
roads and Green Field bodies.
Airport
Area between HTL and LTL Only repair and Traditional fishing
not ecologically sensitive, reconstruction of rights in local
some minor projects having existing authorized communities shall
extraction of natural gas structures. not be restricted.
and construction of
dispensaries and schools.

CZM Challenges

1. Planning requirements are unspecific

2. Lacks a clear vision
3. Lacks public participation and transparency, and application process.