ENVIRONMENTAL LAWS IN INDIA: DEFINITION, LEGAL

FRAMEWORKS & PROTECTION TO BIODIVERSITY

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Environmental Laws in India: Definition, Legal Frameworks &

Protection to Biodiversity
ACTS UNDER ENVIRONMENTAL OBJECTIVES & PROVISIONS OF ENVIRONMENTAL LAWS
LAWS
Objective –a key legislation within India’s environmental laws, aims to protect wild animals, birds, plants &
matter connected with them.
Appointment of Wildlife Advisory Board, Wildlife Warden.
Central Zoo Authority and National Board for Wildlife.
Establishment of National Parks, Wildlife Sanctuaries, Conservation reserve, community reserves, &
Tiger reserves.
License for Trade & commerce in some wildlife species & Ban trade or commerce in scheduled animals.
In-situ & ex-situ conservation of wildlife. Regulations for hunting wild animals & birds.

Wildlife Protection Act 1972 There are 4 Schedules which gives varying degree of protection:

Schedule I: Specifying the animal species with the highest level of protection.

Schedule II: Specifying the animal species with a relatively lower degree of protection.

Schedule III: For plant species.

Schedule IV: For species protected under Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES).

Amendments in 2006 expanded its scope by creating the National Tiger Conservation Authority
and the Wildlife Crime Control Bureau (WCCB) under the umbrella of environmental laws.

The Environment (Protection) Act of 1986 stands as a pivotal component of India’s environmental laws.
Formulated with the objective of safeguarding and enhancing the environment while minimizing pollution.
Environment (Protection) Act, 1986 Enacted aftermath of Bhopal Gas Tragedy (1984).
Authorizes the central government to control & reduce pollution from all sources.
Provides procedures for setting standards of emission or discharge of environmental pollutants.

Objective – To protect & conserve forests.

It conserves the environment by categorizing forest into Reserve forest, Protected forest & Village
Indian Forest Act, 1927 forest.
The Act defines forest offense, Specifies the acts prohibited inside a Reserved Forest, and penalties for
the violation to ensure environmental preservation.

Objective – To protect the forest and control its deterioration to ensure environmental preservation.
Forest (Conservation) Act, 1980 Mandatory Central Government’s prior approval for diversion of forest land for non-forestry purposes.
It conserves the environment by checking deforestation & encouraging afforestation.

The National Forest Policy of 1988 stands as a key component within India’s environmental laws, with its
primary objective being to ensure environmental stability & ecological balance to ensure environmental
preservation.
It conserves the environment by Conservation of existing Natural Heritage.
Checking Soil Erosion & Denudation in catchment areas.
Checking extension of dunes in desert areas of Rajasthan & along coastal tracts.
It conserves the environment by Substantially increasing Forest or Tree Cover through Afforestation &
National Forest Policy, 1988 Social Forestry.
Increasing the productivity of Forests to meet National Needs.
It conserves the environment by encouraging efficient utilization of Forest Produce & Optimum Use of
Wood (Timber).
Generation of Work Opportunities, the involvement of Women.

Note – Forest policy, 1952 recommends 33% forest cover (60% in mountainous region & 25% in
plain area) of the total area.

The Scheduled Tribes and Other Objective – To restore the deprived forest rights of the Scheduled Tribes & other traditional forest dwellers
Traditional Forest Dwellers across India to ensure environmental preservation.
(Recognition of Forest Rights) Act,
2006 Grants legal recognition to the rights of traditional forest-dwelling communities.
National Parks, Sanctuaries, Reserve Forest & Protected Forests are included for the recognition of
Rights.
The Act defines ‘Critical wildlife habitats’ as areas of national parks & wildlife sanctuaries that are kept
aloof for wildlife conservation.
 Rights recognized:

1. Title Rights: To legally hold forest lands (up to 4 acres). Applies for land that is being cultivated
by the concerned family, no new lands are granted.

2. Use Rights: Forest produce including non-timber forest produce of plants by the community.

3. Community forest resource rights: To protect, regenerate, conserve or manage forest

resources for sustainable use, providing for community governance of forests.

Eligibility criteria:

1. Must be a Scheduled Tribe in the area where the right is claimed.

2. Primarily resided in forest or forests land for three generations (75 years) before 13-12-2005;
and

3. Depend on the forest or forest land for livelihood needs.

Process of recognition of rights:

1. Gram Sabha – Pass a resolution recommending whose rights to which resources should be
recognized.

2. Screening committees – Resolution is screened & approved at the level of the sub-division (or
taluka) and the district level.

The screening committees consist of three government officials (Forest, Revenue & Tribal
Welfare departments) and three elected members of the local body at that level. These
committees also hear appeals.

Objective – To conserve, promote sustainable use of biological diversity & ensure fair & equitable sharing
of its benefits to ensure environmental preservation.
The Act was enacted to meet the obligations under the Convention on Biological Diversity (CBD).
Prohibits the transfer of Indian genetic material outside the country, without specific approval.
Biological Diversity Act 2002 Prior permission is mandatory to claim IPR over Biodiversity & its derivatives.
Regulation of the use of GM organisms.
Establishes National, State, & Local Biodiversity Funds.
Set up Biodiversity Management Committees at the local village level, State Biodiversity Boards at the
state level, & a National Biodiversity Authority at the national level.

Objective – To promote sustainable development and conserve coastal environments to ensure

environmental preservation.
It governs human and industrial activity close to the coastline.
The Rules, mandated under Environment Protection Act, 1986, were first framed in 1991.
The Shailesh Nayak Committee was set up on CRZ.

Coastal Regulation Zone (CRZ) For CRZ-III (Rural) areas, two separate categories:
Rules, 2019 1. CRZ-III(A) with a population density of more than 2161, the No Development Zone (NDZ) is
reduced to 50 meters from 200 meters from High Tide Line (HTL)

2. CRZ-III(B) with less than 2161 the NDZ is 200 meters from High Tide Line(HTL)
A NDZ of 20 meters specified for all Islands.
Temporary tourism facilities are permitted in Beaches in the NDZ of the CRZ-III areas.
Involvement of coastal communities for management of Critically Vulnerable Coastal Areas (CVCA)
identified under the EPA, 1986.
The treatment facilities are permitted in the CRZ-I B area to address pollution.

Objective – To manage bio-medical waste (2016 rules are an improvement to BMW-1998 rules) to ensure
environmental preservation.
The ambit of the rules has been expanded to include vaccination camps, blood donation camps,
surgical camps, or any other healthcare activity.
The use of chlorinated plastic bags, gloves & blood bags to be phased out within two years.
Pre-treatment of the laboratory waste, microbiological waste, blood samples & blood bags through
Bio-Medical Waste Rules, 2016 disinfection on-site in the manner prescribed by the WHO or by the NACO.
Regular training & immunization for all health care workers.
A Bar-Code System for bags or containers containing bio-medical waste for disposal.
Categorization: 4 categories of waste instead of the earlier 10 to improve the segregation of waste at
source.
The State Govt has to provide the land for common bio-medical waste treatment and disposal facilities.

Note: these rules shall not apply to:

Radioactive wastes + Wastes covered under the MSW Rules,2000, + E-waste
Hazardous microorganisms

e-Waste Management Rules 2016 Notified under EPA, 1986

Included CFL & other Mercury-containing lamps as e-waste.
(amendment to 2011 rules) Brought the producers under Extended Producer Responsibility (EPR), along with targets.
 State Governments have to ensure safety, health & skill development of the workers involved in
dismantling & recycling operations to ensure environmental preservation.
Penalty for violation of rules.
Urban Local Bodies – the right to charge user fees and levy spot fines for littering and non-segregation.

Objective – To channelize the E-waste generated in the country towards authorized dismantlers & recyclers
to formalize the e-waste recycling sector to ensure environmental preservation.
E-waste (Management) E-waste collection targets under EPR have been revised – 10% (for 2017-18) of the quantity of waste
generated with a 10% increase every year until 2023. (Target set at 70% after 2023 onwards).
Amendment Rules, 2018 Separate E-waste collection targets for new producers.
PROs (Producer Responsibility Organizations) must register with CPCB to undertake activities
prescribed.

The Hazardous and Other Wastes (Management and Trans-boundary Movement) Amendment Rules of
2019, which amended the 2016 rules, are a significant component of India’s environmental laws. Enacted
with the objective of strengthening the implementation of environmentally sound management of
Hazardous and Other Wastes hazardous waste to ensure Nature’s preservation.
(Management and Trans-boundary
Movement) Amendment Rules, 2019. Prohibition on the import of solid plastic waste even in SEZ & EOU (Export Oriented Units). Silk waste
exports are exempted.
Electrical & electronic assemblies and components manufactured in & exported from India if found
(amended the 2016 rules) defective can be imported back into the country, within a year of export, without obtaining permission.
Industries that do not require consent under Water Act 1974 & Air Act 1981, are exempted under the
‘Hazardous & Other Wastes Rules, 2016’, provided that wastes generated by such industries are
handed over to the authorized actual users, waste collectors, or disposal facilities.

The National Green Tribunal (NGT) Act of 2010 is a cornerstone within India’s legal framework, specifically
addressing environmental laws. Formulated with the objective of effective & expeditious disposal (within 6
months of appeal) of the environmental cases + To help reduce the burden of litigation in the higher courts.
Establishes NGT & it has jurisdiction over all civil cases involving substantial questions relating to the
environment.
Provides for Enforcement of legal environmental rights, relief & compensation for damages caused.
Tribunal is guided by principles of natural justice & its order is executable as a decree of a civil court.
NGT orders are binding but can be challenged in the SC within 90 days.
NGT – Principal Bench at New Delhi & 4 regional benches in Pune, Bhopal, Chennai & Kolkata. There is
also a mechanism for circuit benches.
The chairperson of the NGT is a retired judge of The Supreme Court.
Each bench of the NGT comprises at least one judicial member and one expert member.
National-Green Tribunal (NGT) Act,
2010 NGT deals with:

1. The water act, 1974

2. The water cess act, 1977

3. The Forest (Conservation) Act, 1980

4. The Air Act, 1981

5. The EPA, 1986

6. The Public Liability Insurance Act, 1991;

7. The Biological Diversity Act, 2002.

It does not deal with:

1. Wildlife (Protection) Act,1972

2. Indian Forest Act, 1927

3. Forest Rights Act, 2006.

Note: The NGT Act takes inspiration from India’s constitutional provision of Article 48A under the
Directive Principles of State Policy (DPSP), reinforcing the symbiotic relationship between
environmental laws and constitutional principles.
 Objective – The Ozone Depleting Substances (ODS) Rules of 2000 hold a significant place within India’s
environmental laws, aligning with the broader framework of the Environmental Protection Act of 1986.
Enacted to regulate production, consumption & phasing out the ODSs following the Montreal Protocol to
ensure environmental preservation.
Rules notified under EPA,1986:
The Ozone Depleting Substances
(ODS) Rules, 2000. Prohibit the use of CFCs except for medical purposes.
Since HCFCs are used as interim substitutes to replace CFCs, these are allowed up to 1st January
2040.
Mandatory registration of ODS producers, sellers, importers, and stockists.

ODS-Amendment Rules, 2019:

India achieved the complete phase-out of HCFC (Hydrochlorofluorocarbon)-141b.
The amendment also prohibits the issuance of import licenses for HCFC-141b, showcasing the
continual evolution and strengthening of environmental laws in India.

Objective –The Protection of Plant Variety and Farmers’ Rights Act of 2001 plays a crucial role in India’s
environmental laws by aiming to protect plant varieties, the rights of farmers and plant breeders and to
encourage the development of new varieties of plants + Recognizes rights of Farmers, Breeders &
researchers to ensure nature’s preservation.
Farmers Rights:
Under the umbrella of environmental laws in India, the act delineates Farmers’ Rights, which include
Recognition and rewards for the conservation of Plant Genetic Resources.
A farmer who has developed a new variety is entitled to registration and protection.
Compensation to the farmers for non-performance of variety.
Farmers are not liable to pay any fee in any proceeding before the Authority/Registrar/Tribunal/High
Court under the Act.
The Protection of Plant Variety and
Farmers Right Act, 2001 Breeders’ Rights:
Breeders will have exclusive rights to produce, sell, market, distribute, import, or export the protected
variety.

Researchers’ Rights:
Researchers can use any of the registered varieties under the Act for conducting experiments or
research.
Investment in R&D for the development of new plant varieties.

Facilitate the growth of the seed industry, ensure the availability of high-quality seeds & planting
material —a testament to its integral role within the broader framework of environmental laws in
India..

The Compensatory Afforestation Fund Act (CAMPA Act) of 2016 holds a crucial position within the
spectrum of India’s environmental laws.
Objective – To provide an appropriate institutional mechanism to utilize afforestation funds to
ensure nature’s preservation.
Compensatory Afforestation Fund Set up Compensatory Afforestation Fund Management & Planning Authority (CAMPA) at central & state
Act (CAMPA Act), 2016. level.
Establishes a National Compensatory Afforestation Fund under the Public Account of India, & a State
Compensatory Afforestation Fund under the Public Account of each state.
The National Fund receives 10% & State Fund gets 90% of funds collected.
The funds are utilized for afforestation, regeneration of forest ecosystem, wildlife protection &
infrastructure development.
The Forest Conservation Act of 1980 provides that non-forest land, equal to the size of the forest being
“diverted”, is afforested or money deposited for the same, emphasizing the interconnectedness of
environmental laws in India.