Environmental laws in India are designed to protect and conserve natural resources, ensure sustainable development, and safeguard the environment for future generations. Here are some critical ecological legal frameworks in India:
Constitution of India
1. Article 48A and 51A(g):
o Article 48A mandates the protection and improvement of the environment and forests.
o Article 51A(g) imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
Environmental Protection Acts
1. The Environment (Protection) Act, 1986:
o It provides environmental protection and improvement and prevents hazards to humans, other living creatures, plants, and property.
o It empowers the central government to protect and improve environmental quality, set standards and guidelines for regulating industrial activities, and coordinate actions by different departments and agencies.
2. The Wildlife Protection Act, 1972:
o It aims to protect wildlife and their habitats and regulate trade in wildlife and their derivatives.
o Provides for establishing protected areas (national parks, sanctuaries, etc.) and wildlife conservation strategies.
Pollution Control Laws
1. The Water (Prevention and Control of Pollution) Act, 1974:
o It is aimed at preventing and controlling water pollution.
o Establishes State Pollution Control Boards (SPCBs) to implement pollution control measures and water quality improvement.
2. The Air (Prevention and Control of Pollution) Act, 1981:
o It is aimed at preventing, controlling, and abating air pollution.
o It empowers SPCBs to enforce regulations on emissions from industries, vehicles, and other sources.
Forest Conservation Laws
1. The Forest (Conservation) Act, 1980:
o Regulates the diversion of forest land for non-forest purposes such as mining, industry, and infrastructure projects.
o Requires prior approval from the central government for such diversions and mandates compensatory afforestation.
Biodiversity Conservation Laws
1. The Biological Diversity Act, 2002:
o It aims to conserve biological diversity, regulate access to biological resources and associated knowledge, and ensure fair and equitable sharing of benefits arising from their use.
o Establishes State Biodiversity Boards and a National Biodiversity Authority (NBA) to implement provisions of the Act.
Coastal Regulation Laws
1. The Coastal Regulation Zone (CRZ) Notification, 2019:
o Regulates activities in coastal areas to protect the coastal environment and ensure sustainable development.
o Classifies coastal areas into different zones with varying degrees of regulation and restrictions on development activities.
Waste Management Laws
1. The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016:
o Regulates the management, handling, and transboundary movement of hazardous wastes.
o Defines responsibilities for generators, operators, and authorities to ensure safe disposal and recycling of hazardous wastes.
Environmental Impact Assessment (EIA)
1. The Environment Impact Assessment Notification, 2006 (amended in 2020):
o It requires prior environmental clearance for specific development projects likely to have significant environmental impacts.
o It involves assessment of potential environmental impacts, public consultation, and mitigation measures before granting clearance.
International Conventions
1. India is a signatory to several international environmental agreements and conventions, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the Montreal Protocol on Substances that Deplete the Ozone Layer. These agreements influence India's environmental policies and actions.
These laws and regulations together form a comprehensive framework for environmental protection and sustainable development in India. They address various aspects of pollution control, conservation of natural resources, and management of environmental impacts from developmental activities.
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