INTRODUCTION
In the 21st century, environmental protection has become a major issue not only for India but for the entire world. Increasing pollution, rapid industrialization, deforestation, and urbanization have placed natural resources under severe threat. Human health, livelihoods, and ecosystems are being adversely affected by environmental degradation and the loss of biodiversity. To address these challenges, environmental laws serve as a vital framework for preserving nature, regulating pollution, and promoting sustainable development in the country.
Over the past decade, India has experienced rapid economic growth—though this progress has come with some unwelcome consequences. Industrialization and economic expansion have led to alarming levels of air and water pollution, negatively impacting infant mortality rates and overall life expectancy. Efforts to regulate air and water pollution have resulted in only marginal improvements. The ineffectiveness of these regulations is often attributed to weak institutional structures and lack of proper enforcement. Thus, balancing economic development with the urgent need to curb greenhouse gas emissions remains a central challenge for India and the global community.
One of India’s core environmental challenges arises from its high population density, particularly in rapidly growing urban centers. Over the past few decades, India’s adoption of an open trade policy has helped achieve remarkable economic growth, but this expansion has also intensified environmental issues in large cities.
Environmental jurisprudence in India has evolved through landmark statutes such as the Environmental Protection Act (1986), Forest Conservation Act (1980), and Wildlife Protection Act (1972). These laws, along with India’s alignment with global commitments like the United Nations Sustainable Development Goals (SDGs) and the Paris Agreement on Climate Change, have shaped the nation’s environmental policy. Additionally, Indian courts have played a proactive role in interpreting and enforcing environmental laws to ensure effective governance.
ENVIRONMENTAL PROTECTION – CONSTITUTIONAL PERSPECTIVE
Under Article 48-A of the Indian Constitution, the State bears responsibility for environmental protection. It states:
“The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.”
Similarly, Article 51-A(g) establishes the fundamental duty of every citizen:
“It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.”
Article 21, which guarantees the right to life and personal liberty, reads:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Supreme Court has interpreted this article to include the right to a healthy environment as an integral part of the right to life.
Article 51-A(g) falls under Fundamental Duties, while Article 48-A is part of the Directive Principles of State Policy (DPSP). The 42nd Amendment (1976) made it the State’s duty to protect and improve the environment and to safeguard forests and wildlife. Subsequently, this amendment also introduced a corresponding fundamental duty on citizens to protect and improve the natural environment—including rivers, forests, lakes, and wildlife—and to show compassion for living creatures.
LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION
India has developed an elaborate legal framework, comprising more than 200 laws related to environmental protection. Some of the key national laws for controlling and preventing industrial and urban pollution include:
1. Water (Prevention and Control of Pollution) Act, 1974
This Act prohibits the discharge of pollutants into water bodies and prescribes penalties for non-compliance. It was amended in 1988 to align more closely with the provisions of the Environmental Protection Act, 1986.
The Act established the Central Pollution Control Board (CPCB) for preventing and controlling water pollution and State Pollution Control Boards (SPCBs) under the supervision of CPCB and the respective State Governments.
2. Water (Prevention and Control of Pollution) Cess Act, 1977
This Act imposes a cess (tax) on water consumed by industries and local authorities. The funds collected are utilized for research, monitoring, and pollution control activities, thereby promoting water conservation and responsible usage. Non-compliance can result in penalties. It operates in coordination with the Water Act, 1974.
3. Air (Prevention and Control of Pollution) Act, 1981
This Act prohibits the use of polluting fuels and regulates appliances and processes that contribute to air pollution. The 1987 Amendment empowered both Central and State Pollution Boards to take immediate action during emergencies and recover the costs from offenders. It also authorizes cancellation of consent in cases of non-compliance with prescribed conditions.
4. The Air (Prevention and Control of Pollution) Rules, 1982
These Rules define procedures for board meetings, powers of presiding officers, decision-making processes, and quorum requirements, ensuring transparency and accountability in board operations.
5. The Forest (Conservation) Act, 1980
This Act restricts the powers of State Governments regarding the de-reservation of forests and prohibits the use of forest land for non-forest purposes without central approval.
6. The Wildlife (Protection) Act, 1972
This Act provides protection to endangered species of flora and fauna and establishes a network of ecologically significant protected areas. It empowers both Central and State Governments to declare wildlife sanctuaries, national parks, and closed areas for conservation purposes.
RELEVANT CASE: M.C. MEHTA v. UNION OF INDIA (1987)
In this landmark case, a leakage of Oleum gas occurred on December 4th and 6th, 1985, from one of the units of Shri Ram Food and Fertilizers Ltd. in Delhi. The incident led to the death of an advocate practicing at the Tis Hazari Court and affected several others. It raised serious concerns regarding industrial safety, public health, and environmental hazards caused by negligence and inadequate regulation.
The key legal issues included:
- Right to Life and Health (Article 21) – The Court expanded the interpretation of Article 21 to include the right to a healthy environment. It introduced the Polluter Pays Principle and the doctrine of Absolute Liability for hazardous industries.
- Polluter Pays Principle – Industries causing environmental harm were made financially responsible for the damage caused.
- Absolute Liability – The Court held that enterprises engaged in hazardous activities bear absolute liability for any harm caused, regardless of negligence or intent.
This case also strengthened the concept of Public Interest Litigation (PIL), empowering citizens to seek legal remedies for environmental violations.
CONCLUSION
Environmental protection remains one of the most pressing challenges of our time. With the growing threats of pollution, climate change, deforestation, and biodiversity loss, it is imperative to balance economic development with sustainable practices. India’s legal framework—including key legislations like the Environment Protection Act, 1986, Forest Conservation Act, 1980, and Wildlife Protection Act, 1972—plays a crucial role in safeguarding natural resources. These laws ensure that industrial, urban, and agricultural activities are conducted responsibly, without compromising the ecological balance or the health of future generations.
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