India’s Environmental Legislations (Acts)

India, a land of diverse ecosystems and natural beauty, faces a myriad of environmental challenges in the modern era. From air pollution to deforestation, the impact of human activity on the environment is undeniable. Recognizing the urgency of the situation, India has enacted a series of environmental legislations aimed at protecting its natural treasures and promoting sustainable development. This article provides a comprehensive overview of these legislations, their significance, and the institutions responsible for their implementation.

Key Environmental Legislations in India:

1. Wildlife Protection Act, 1972

• Chapters: 8
• Sections: 66
• Enacted: September 9, 1972

Need for the Act:

• Protection of Wildlife: To safeguard India’s rich biodiversity by prohibiting the hunting, poaching, and trade of endangered species.
• Habitat Conservation: To conserve and manage natural habitats essential for wildlife survival.
• Regulation: To regulate and control trade in wild animals, plants, and their products.
• International Commitments: To facilitate India’s compliance with international conventions like CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora).

Institutes/Committees Formed:

• National Board for Wildlife (NBWL): Apex body chaired by the Prime Minister to advise the Central Government on wildlife conservation policies.
• State Boards for Wildlife (SBWL): Similar bodies at the state level to advise state governments.
• Central Zoo Authority (CZA): Established in 1992 under the Act to oversee the functioning of zoos in India.
• Wildlife Crime Control Bureau (WCCB): A statutory multi-disciplinary body established in 2007 to combat organized wildlife crime.

Powers and Authority:

• Designation of Protected Areas: The Act empowers the government to declare National Parks, Wildlife Sanctuaries, Conservation Reserves, and Community Reserves.
• Regulation of Hunting and Trade: It prohibits hunting of specified species and regulates trade in wild animals, plants, and their products through licensing and permits.
• Penalties and Enforcement: It prescribes penalties for offenses and empowers authorities to take action against violators.

Important Schedules:

• Schedule I & II (Part II): Provides absolute protection to endangered species with the highest penalties for offenses. E.g., Tiger, Lion, Elephant, Great Indian Bustard
• Schedule II (Part I): Animals with a high degree of protection but allows limited hunting with permits under specific circumstances. E.g., Nilgai, Wild Boar, Sambar
• Schedule III & IV: Species with lower protection levels but still regulated. E.g., Hyena, Jungle Cat, Monitor Lizard
• Schedule V: Animals declared as vermin that can be hunted without restrictions. E.g., Common Crow, Fruit Bats, Rats
• Schedule VI: Specified plant species with restrictions on cultivation, possession, and trade. E.g., Red Sanders, Blue Vanda, Pitcher Plant

2. Water (Prevention and Control of Pollution) Act, 1974

• Chapters: 8
• Sections: 64
• Enacted: March 23, 1974

Need for the Act:

• Prevention and Control of Water Pollution: To maintain or restore the wholesomeness (cleanliness and purity) of water bodies across India.
• Establishment of Regulatory Bodies: To establish boards at the central and state levels responsible for preventing, controlling, and abating water pollution.
• Regulation of Effluents: To regulate the discharge of effluents and other pollutants into water bodies.

Institutes Formed:

• Central Pollution Control Board (CPCB): Apex body at the national level to advise the central government on matters of water pollution prevention and control. (22 September 1974)
• State Pollution Control Boards (SPCBs): Similar bodies in each state to advise their respective state governments and carry out the functions of the Act at the state level.
• Joint Boards: Can be formed by two or more State Governments to address water pollution issues in interstate rivers or river valleys.

Powers and Authority:

• Standard Setting: The CPCB sets standards for the quality of effluents and the tolerance limits for various pollutants in water bodies.
• Consent Mechanism: Industries and other entities require consent from the respective SPCBs before discharging effluents into water bodies.
• Monitoring and Inspection: Boards have the power to monitor and inspect water bodies, industries, and other pollution sources.
• Enforcement: Boards can issue directions, initiate legal proceedings, and impose penalties for violations of the Act.

Important Schedules:

• Schedule I: Lists industries requiring consent from the SPCB to operate and discharge effluents.
• Schedule II: Specifies the tolerance limits for various pollutants in inland surface waters.
• Schedule III: Specifies the tolerance limits for various pollutants in public sewers and marine coastal areas.
• Schedule IV: Lists industries requiring consent from the SPCB to operate but are exempted from certain provisions regarding effluent discharge standards.
• Schedule V: Specifies the terms and conditions for granting consent to establish or operate industries under Schedule I.
• Schedule VI: Specifies the standards for effluent treatment plants.

Important Points:

• The Act has been amended multiple times, with significant amendments in 1988 and 2015, to strengthen its provisions and address new challenges.
• Challenges: Despite the Act, water pollution remains a major concern in India due to industrial effluents, sewage discharge, agricultural runoff, and other sources. Effective implementation and enforcement are crucial challenges.
• National Water Quality Monitoring Programme (NWQMP): CPCB operates this nationwide program to assess and monitor the quality of surface and groundwater resources.
• National River Conservation Plan (NRCP): A centrally sponsored scheme to improve water quality in polluted stretches of major rivers.

READ Also: Importance of 17

3. Forest (Conservation) Act, 1980:

• Chapters: 13
• Sections: 86
• Enacted: October 25, 1980

Need for the Act:

• Conservation of Forests: To prevent further deforestation and conserve existing forest cover in India.
• Regulate Diversion of Forest Land: To restrict and regulate the diversion of forest land for non-forest purposes, ensuring minimal impact on the environment.
• Promote Afforestation: To encourage afforestation and reforestation activities to compensate for forest land diverted for other uses.

Committees Formed:

• Forest Advisory Committee (FAC): A statutory body constituted under the Act to advise the Central Government on matters related to forest conservation and diversion of forest land.

Powers and Authority:

• Prior Approval: The Act mandates that prior approval of the Central Government is required for any diversion of forest land for non-forest purposes.
• Compensatory Afforestation: It mandates compensatory afforestation (planting new trees) in an area equal to or double the size of the diverted forest land.
• Net Present Value (NPV): It stipulates payment of NPV for the diverted forest land, calculated based on the economic and ecological value of the forests.
• Monitoring and Enforcement: The Act empowers the Central and State Governments to monitor and enforce its provisions.

Important Points:

• Amendments: The Act was amended in 1988 to further strengthen its provisions and address emerging challenges in forest conservation.
• Challenges: Despite the Act, deforestation and illegal diversion of forest land continue to be major challenges. Effective implementation and enforcement remain crucial.
• Forest Conservation Rules, 2003: These rules provide detailed procedures and guidelines for implementing the provisions of the Act.
• CAMPA (Compensatory Afforestation Fund Management and Planning Authority): A national-level body established to manage the funds collected for compensatory afforestation and other conservation activities.

4. Air (Prevention and Control of Pollution) Act, 1981:

Chapters: 7

Sections: 54

Enacted: March 29, 1981

Need for the Act:

• Prevention, Control, and Abatement of Air Pollution: To protect and improve the quality of air and prevent, control, and abate air pollution in India.  
• Regulation of Emissions: To regulate emissions from industries, automobiles, and other sources of air pollution.

# CPCB and SPCBs advise the government on matters of air pollution prevention and control though they constituted under Water Act 1974

# Noise was explicitly included as an air pollutant in the Air (Prevention and Control of Pollution) Act in the year 1987 through an amendment.

Powers and Authority:

• Standard Setting: The CPCB sets standards for ambient air quality and emissions from various sources.  
• Consent Mechanism: Industries and other entities require consent from the respective SPCBs before operating and emitting pollutants into the air.  
• Monitoring and Inspection: Boards have the power to monitor air quality, inspect industries, and other pollution sources.
• Enforcement: Boards can issue directions, initiate legal proceedings, and impose penalties for violations of the Act.  
• Declaration of Air Pollution Control Areas: State Governments can declare certain areas as ‘air pollution control areas’ where special measures can be implemented to control pollution.

National Air Quality Monitoring Programme (NAQMP): CPCB operates this nationwide program to assess and monitor ambient air quality.  

National Clean Air Programme (NCAP): Launched in 2019 to reduce particulate matter (PM) pollution by 20-30% by 2024 in targeted cities.

5. Environment (Protection) Act, 1986:

• Chapters: 4
• Sections: 26
• Enacted: November 19, 1986

Need for the Act:

• Umbrella Legislation: To provide a comprehensive legal framework for environmental protection in India.
• Empower Central Government: To empower the central government to take all necessary measures to protect and improve the environment.
• Coordinate Environmental Actions: To coordinate the actions of various state governments and other authorities involved in environmental protection.
• Address Environmental Emergencies: To enable swift action in cases of environmental emergencies and accidents.

Background:

The Environment (Protection) Act (EPA) of 1986 traces its origins to the United Nations Conference on the Human Environment held in Stockholm in June 1972 (Stockholm Conference). India, as a participant in this conference, committed to taking necessary steps for improving the human environment. The EPA was subsequently enacted to implement the decisions and commitments made at the Stockholm Conference.

• It empowers the Central Government to establish authorities or bodies as needed for implementing its provisions.

Constitutional Basis:

The EPA Act finds its legislative authority in Article 253 of the Indian Constitution, enabling the enactment of laws to fulfill international treaty obligations.

Further, the Constitution itself enshrines environmental protection through Article 48A (The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. This Article was added by the 42nd Amendment, 1976 )

Moreover, Article 51A places a fundamental duty on every citizen to safeguard the environment.

Powers and Authority:

• Rule-Making: Central Government has broad powers to make rules and regulations for environmental protection, including setting standards for emissions and discharges, regulating hazardous substances, and establishing procedures for environmental impact assessments.
• Enforcement: Central Government can issue directions to any person, officer, or authority to take steps for environmental protection. It can also close, prohibit, or regulate any industry, operation, or process causing pollution.
• Penalties: The Act prescribes stringent penalties for offenses, including imprisonment and fines.
• Environmental Laboratories: Central Government can recognize or establish environmental laboratories for analysis and testing.

Important Schedules:

• Schedule I: Schedule I lists the standards for emission or discharge of environmental pollutants from the industries, processes or operations and their maximum allowable limits of concentration.
• Schedule II lists general standards for discharge of effluents and their maximum limits of concentration allowable
• Schedule III lists ambient air quality standards in respect of noise and its maximum allowable limits
• Schedule IV lists standards for emission of smoke, vapour etc. from motor vehicles and maximum allowable
• limits of their emission

Other Important Points:

• Wide Scope: The Act covers a wide range of environmental issues, including air and water pollution, hazardous substances, noise pollution, and environmental impact assessments.
• Educational Mandate: The Act places a duty on the Central Government to direct educational institutions to include environmental education in their curriculum. It also mandates the publication and distribution of environment-related textbooks.
• Enabling Legislation: It provides a legal basis for other specific environmental laws and regulations in India.
• Public Participation: It encourages public participation in environmental decision-making through mechanisms like public hearings for environmental clearances.

6. Biological Diversity Act, 2002:

• Chapters: 8
• Sections: 62
• Enacted: February 5, 2002
• Came into force: October 1, 2003

Need for the Act:

• Conservation of Biodiversity: To conserve India’s rich biological diversity, including plants, animals, microorganisms, and their habitats.
• Sustainable Use: To ensure the sustainable use of biological resources and knowledge associated with them.
• Benefit-Sharing: To promote fair and equitable sharing of benefits arising from the utilization of biological resources and associated traditional knowledge.  
• Compliance with CBD: To fulfill India’s obligations under the Convention on Biological Diversity (CBD).

Institutes/Committees Formed:

• National Biodiversity Authority (NBA): A statutory body established at the national level to implement the Act’s provisions.
• State Biodiversity Boards (SBBs): Similar bodies in each state to implement the Act at the state level.
• Biodiversity Management Committees (BMCs): Local-level bodies at the village or panchayat level to conserve and sustainably manage local biodiversity.

Powers and Authority:

• Regulation of Access: The Act regulates access to biological resources and associated traditional knowledge by requiring prior approval from the NBA for certain activities, like research, commercial utilization, and bio-survey.
• Benefit-Sharing: It mandates the sharing of benefits arising from the utilization of biological resources and knowledge with local communities and individuals who have conserved and sustainably used these resources.
• Conservation Measures: It empowers the government to take various measures for conservation and sustainable use of biodiversity, like declaring biodiversity heritage sites and notifying threatened species.
• Enforcement: The Act prescribes penalties for offenses and empowers authorities to take action against violators.

Other Important Points:

• People’s Biodiversity Registers (PBRs): BMCs are required to maintain PBRs to document local biodiversity and associated traditional knowledge.
• Access and Benefit-Sharing (ABS) Agreements: The Act provides for ABS agreements between users of biological resources and knowledge providers to ensure fair and equitable benefit-sharing.
• National Biodiversity Fund: Established to support conservation and sustainable use of biodiversity.

7. National Green Tribunal Act,2010:

• Chapters: 5
• Sections: 38
• Enacted: June 2, 2010
• Came into force: October 18, 2010

Need for the Act:

• Expeditious Disposal of Environmental Cases: To establish a specialized judicial body for the effective and speedy resolution of cases related to environmental protection, conservation of forests, and other natural resources.
• Enforcement of Environmental Rights: To provide a platform for the enforcement of legal rights related to the environment and to grant relief and compensation for damages to persons and property.
• Multi-disciplinary Approach: To address environmental issues with a multi-disciplinary approach involving experts from various fields.

Tribunal Formed:

• National Green Tribunal (NGT): A specialized judicial body established at the national level with its principal place of sitting in New Delhi and additional benches in Bhopal, Pune, Kolkata, and Chennai.

Powers and Authority:

• Original Jurisdiction: The NGT has original jurisdiction over cases related to:
  • Substantial questions relating to the environment.
  • Implementation of environmental laws listed in Schedule I of the Act.
  • Relief and compensation for environmental damage.
• Appellate Jurisdiction: The NGT has appellate jurisdiction over appeals against orders of authorities or courts under various environmental laws.
• Powers of a Civil Court: The NGT has the same powers as a civil court, including summoning witnesses, issuing injunctions, and awarding damages.
• Expert Committees: The NGT can constitute expert committees to assist in resolving complex environmental issues.

Important Schedules:

• Schedule I: Lists 7 environmental laws under which the NGT has jurisdiction, including:
  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water(Prevention and Control of Pollution) Cess Act, 1977
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Environment (Protection) Act, 1986  
  • The Forest (Conservation) Act, 1980
  • The Biological Diversity Act, 2002
  • The Public Liability Insurance Act, 1991  

Important Points:

• Composition: The NGT is chaired by a retired Judge of the Supreme Court or a retired Chief Justice of a High Court and comprises judicial and expert members.
• Principles of Justice: The NGT is guided by principles of natural justice, sustainable development, the precautionary principle, and the polluter pays principle.
• Accessibility: The NGT has simplified procedures and allows any person or organization to approach it directly without the need for legal representation.
• Fast-track Justice: The NGT aims to provide speedy justice in environmental cases, with a time limit of six months for disposal of cases.
• Impact: The NGT has played a significant role in addressing various environmental issues, including pollution control, forest conservation, and wildlife protection.

India’s environmental legislations form a robust framework to protect its natural resources. From regulating pollution to conserving forests and biodiversity, these acts empower various authorities and promote sustainable practices. While challenges persist, these laws are crucial in safeguarding India’s environment for future generations.