Environment Laws
Environment Laws
Environment Laws
The accelerated rates of species extinctions that the world is facing now are
largely due to human activities. There are four major causes
Over-exploitation
Co-extinctions
Over-exploitation
Humans have always depended on nature for food and shelter, etc.
The population explosion is the major reason for the over-exploitation of
available resources.
Many species extinctions in the last 500 years such as Steller’s sea cow,
passenger pigeon were due to overexploitation by humans.
Currently, several marine fish populations around the world are over-
harvested, threatening the sustained existence of certain commercially
important species.
The Nile perch introduced into Lake Victoria in East Africa led ultimately
to the extinction of a naturally unique group of more than 200 species of
cichlid fish in the lake.
Co-extinctions
Biodiversity hotspots
A region must meet two strict criteria to qualify as a biodiversity hotspot which
is given below:
1. It must have at least 1,500 vascular plants as endemics which are to say, it
must have a high percentage of plant life found nowhere else on the planet. A
hotspot, in other words, is irreplaceable.
2. It must have 30% or less of its original natural vegetation. In other words, it
must be threatened.
Africa
1. Eastern Afro-Montane
3. Horn of Africa
6. Succulent Karou
1. Himalayan hotspot
5. New Caledonia
South America
1. Brazil's Cerrado
3. Tumbes-Choco-Magdalena
4. Tropical Andes
5. Atlantic forest
1. Caucasus region
2. Iran-Anatolia region
1. The Himalayas
2. Indo-Burma Region
4. Sundaland
The Himalayas
Considered as the highest in the world, the Himalayas comprises of North-East
India, Bhutan, Central and Eastern parts of Nepal. This region holds a record of
having 163 endangered species which includes the Wild Asian Water Buffalo,
One-horned Rhino, and as many as 10,000 plant species, of which 3160 are
endemic. This mountain range covers nearly 750,000 km2.
This hotspot is also known for the endemic freshwater turtle species, most of
which are threatened with extinction, due to over-harvesting and extensive
habitat loss. There are also 1,300 different bird species, including the
threatened White-eared Night-heron, the Grey-crowned Crocias, and the
Orange-necked Partridge.
The Western Ghats are present along the western edge of peninsular India and
covers most of the deciduous forests and rain forests. This region consists of
6000 plant species of which 3000 are endemic. Originally, the vegetation in this
region was spread over 190,000 km2 but has been now reduced to 43,000 km 2.
The region is also known for 450 species of birds, 140 mammals, 260 reptiles,
and 175 amphibians.
Sundaland
The Sundaland hotspot lies in South-East Asia and covers Singapore, Thailand,
Indonesia, Brunei, and Malaysia. In the year 2013, the Sundaland was declared
as a World Biosphere Reserve by the United Nations. This region is famous for
its rich terrestrial and marine ecosystem. Sundaland is one of the biologically
richest hotspots in the world which comprises 25,000 species of vascular
plants, of which 15,000 are found only in this region.
India has a diverse climate, topology, and habitat are known to have the
richest flora in the world with over 18000 species of flowering plants. These
plant species constitute 6-7% of the world’s plant species. There are 8 main
floristic regions in India- the Western and the Eastern Himalayas, Indus and
Ganges, Assam, the Deccan, Malabar, and the Andaman Islands which is home
to 3000 Indian plant species. The forests in India cover ranges from the tropical
rainforest including Andaman, Western Ghats, and northeast India to the
coniferous forests of the Himalayas. The deciduous forests can be found in the
eastern, central, and southern parts of India.
India is known to be home to 6.5% of the world’s species which includes 7.6%
of all mammals and 12.6% of all bird species. But with the rapid loss of
biodiversity, many species are becoming extinct or at risk of becoming critically
endangered. The species that are at risk of extinction due to the sudden
decrease in their population and habitat are known as endangered species.
The need for protection and conservation of environment and sustainable use
of natural resources is reflected in the constitutional framework of India and
also in the international commitments of India. The Constitution under Part
IVA (Art 51A-Fundamental Duties) casts a duty on every citizen of India to
protect and improve the natural environment including forests, lakes, rivers
and wildlife, and to have compassion for living creatures. Further, the
Constitution of India under Part IV (Art 48A-Directive Principles of State
Policies) stipulates that the State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country.
MoEF was established in 1985, which today is the apex administrative body in
the country for regulating and ensuring environmental protection and lays
down the legal and regulatory framework for the same. Since the 1970s, a
number of environment legislations have been put in place. The MoEF and the
pollution control boards ("CPCB", ie, Central Pollution Control Board and
"SPCBs", ie, State Pollution Control Boards) together form the regulatory and
administrative core of the sector.
The Act received the assent of the President of India on June 2, 2010, and was
enforced by the Central Government vide Notification no. S.O. 2569(E) dated
October 18, 2010, with effect from October 18, 2010. The Act envisages
establishment of NGT in order to deal with all environmental laws relating to
air and water pollution, the Environment Protection Act, the Forest
Conservation Act and the Biodiversity Act as have been set out in Schedule I of
the NGT Act.
The Air (Prevention and Control of Pollution) Act, 1981 (the "Air Act") is an act
to provide for the prevention, control and abatement of air pollution and for
the establishment of Boards at the Central and State levels with a view to
carrying out the aforesaid purposes.
To counter the problems associated with air pollution, ambient air quality
standards were established under the Air Act. The Air Act seeks to combat air
pollution by prohibiting the use of polluting fuels and substances, as well as by
regulating appliances that give rise to air pollution. The Air Act empowers the
State Government, after consultation with the SPCBs, to declare any area or
areas within the State as air pollution control area or areas. Under the Act,
establishing or operating any industrial plant in the pollution control area
requires consent from SPCBs. SPCBs are also expected to test the air in air
pollution control areas, inspect pollution control equipment, and
manufacturing processes.
The Water Prevention and Control of Pollution Act, 1974 (the "Water Act") has
been enacted to provide for the prevention and control of water pollution and
to maintain or restore wholesomeness of water in the country. It further
provides for the establishment of Boards for the prevention and control of
water pollution with a view to carry out the aforesaid purposes. The Water Act
prohibits the discharge of pollutants into water bodies beyond a given
standard, and lays down penalties for non-compliance. At the Centre, the
Water Act has set up the CPCB which lays down standards for the prevention
and control of water pollution. At the State level, SPCBs function under the
direction of the CPCB and the State Government.
Further, the Water (Prevention and Control of Pollution) Cess Act was enacted
in 1977 to provide for the levy and collection of a cess on water consumed by
persons operating and carrying on certain types of industrial activities. This
cess is collected with a view to augment the resources of the Central Board
and the State Boards for the prevention and control of water pollution
constituted under the Water (Prevention and Control of Pollution) Act, 1974.
The Act was last amended in 2003.
The Environment Protection Act, 1986 (the "Environment Act") provides for
the protection and improvement of environment. The Environment Protection
Act establishes the framework for studying, planning and implementing long-
term requirements of environmental safety and laying down a system of
speedy and adequate response to situations threatening the environment. It is
an umbrella legislation designed to provide a framework for the coordination
of central and state authorities established under the Water Act, 1974 and the
Air Act. The term "environment" is understood in a very wide term under s 2(a)
of the Environment Act. It includes water, air and land as well as the
interrelationship which exists between water, air and land, and human beings,
other living creatures, plants, micro-organisms and property.
Under the Environment Act, the Central Government is empowered to take
measures necessary to protect and improve the quality of environment by
setting standards for emissions and discharges of pollution in the atmosphere
by any person carrying on an industry or activity; regulating the location of
industries; management of hazardous wastes, and protection of public health
and welfare. From time to time, the Central Government issues notifications
under the Environment Act for the protection of ecologically-sensitive areas or
issues guidelines for matters under the Environment Act.
Hazardous waste means any waste which, by reason of any of its physical,
chemical, reactive, toxic, flammable, explosive or corrosive characteristics,
causes danger or is likely to cause danger to health or environment, whether
alone or when in contact with other wastes or substances.
There are several legislations that directly or indirectly deal with hazardous
waste management. The relevant legislations are the Factories Act, 1948, the
Public Liability Insurance Act, 1991, the National Environment Tribunal Act,
1995 and rules and notifications under the Environmental Act. Some of the
rules dealing with hazardous waste management are discussed below:
The Draft BMW Rules are to replace the Biomedical Waste (Management and
Handling) Rules, 1998, and the Draft SWM Rules are to replace the Municipal
Solid Waste (Management and Handling) Rules, 2000. The objective of the
Draft BMW Rules is to enable the prescribed authorities to implement the rules
more effectively, thereby, reducing the bio- medical waste generation and also
for its proper treatment and disposal and to ensure environmentally sound
management of these wastes, and the Draft SWM Rules aim at dealing with
the management of solid waste including it segregation at source,
transportation of waste, treatment and final disposal.
The Wild Life (Protection) Act, 1972 was enacted with the objective of
effectively protecting the wild life of this country and to control poaching,
smuggling and illegal trade in wildlife and its derivatives. The Act was amended
in January 2003 and punishment and penalty for offences under the Act have
been made more stringent. The Ministry has proposed further amendments in
the law by introducing more rigid measures to strengthen the Act. The
objective is to provide protection to the listed endangered flora and fauna and
ecologically important protected areas.
The Forest Conservation Act, 1980 was enacted to help conserve the country's
forests. It strictly restricts and regulates the de-reservation of forests or use of
forest land for non-forest purposes without the prior approval of Central
Government. To this end the Act lays down the pre-requisites for the diversion
of forest land for non-forest purposes.
The Indian Forest Act, 1927 consolidates the law relating to forests, the transit
of forest-produce and the duty leviable on timber and other forest-produce.
The Biological Diversity Act 2002 was born out of India's attempt to realise the
objectives enshrined in the United Nations Convention on Biological Diversity
(CBD), 1992 which recognises the sovereign rights of states to use their own
Biological Resources. The Act aims at the conservation of biological resources
and associated knowledge as well as facilitating access to them in a sustainable
manner. The National Biodiversity Authority in Chennai has been established
for the purposes of implementing the objects of the Act.
The Ministry of Environment and Forests had issued the Coastal Regulation
Zone Notification vide Notification no. S O. 19(E), dated January 06, 2011 with
an objective to ensure livelihood security to the fishing communities and other
local communities living in the coastal areas, to conserve and protect coastal
stretches and to promote development in a sustainable manner based on
scientific principles, taking into account the dangers of natural hazards in the
coastal areas and sea level rise due to global warming.
The UNFCCC seeks for the stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic human-
induced interference with the earth's climate system. Such a level should be
achieved within a timeframe sufficient to allow ecosystems to adapt naturally
to climate change, to ensure that food production is not threatened and to
enable economic development to proceed in a sustainable manner.
The CBD’s governing body is the Conference of the Parties (COP). This ultimate
authority of all governments (or Parties) that have ratified the treaty meets
every two years to review progress, set priorities and commit to work plans.
Environmental ethics deal with issues related to the rights of individuals that
are fundamental to life and well being.
The need for gender equity: All over India, especially in the rural sector,
women work longer hours than men. They are involved in collection and
sale of fuel wood, collection of fodder, fruits, medicinal products,
trekking several kilometres to fetch potable water, cooking meals in
smoky unhealthy atmosphere etc. On an average they spend 10-12 hrs a
day of very hard work, every day of the year. Unfortunately, it is the men
who play a decisive role in managing the village common and their
resources while women have not been given an equal opportunity to
develop and improve their status which is due to a lower access to
education and health care than that of men. This has deep implications
for the rate of utilization of natural resources and their conservation.
The rights of animals: The plants and animals that share the Earth with
us too have a right to live and share the Earth’s resources and living
space. We have no right to push a species that has taken millions of
years to evolve towards extinction. Cruelty to animals is a crime that
must be regarded seriously and action must be taken against offenders.