Introduction:
The Environment is defined by the surroundings or conditions necessary for sustenance. In our country, constant attention is paid towards the protection of our environment. In the previous days, there had been rituals to worship and protect nature which still prevails in certain parts of our country. The concept of environment is never static and always tends to change. The balance between the environment i.e. plants and animals and the habitat is vital. An environment comprises of all entities which are valuable now or maybe in the near future. Hence it is very important to prevent the degradation of those resources through the action of humans. The fundamentals of the Environmental Policy are as follows:
a) Protect Human health
b) Prevent Deterioration of the Environment
c) Safeguard the Growth of Wildlife
d) Preservation of Significant Monument
Environment is defined by the Environment Protection Act 1986 as: “Environment includes water, air and land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganisms, and property.”
The Indian Constitution, 1950 did not pay attention to the environment or the prevention of the environment until the 1976 amendment. The Constitutional Framework of India emulates the need for protection and conservation of the environment and the viable use of natural resources.
International Agreements on the Environment and India
In July 1976, India signed with The Convention on International Trade in endangered species of wild fauna and flora (CITES) intending to control international commercial trade in endangered species. The international agreement tends towards the management and supervision of how we should approach our natural environment. Several steps have been taken to outline the agenda of the organization which required not only just at the local or national level but also at the international level. International agreement and laws form an Organization to curb the growing devastating effect on nature.
The Vienna Convention on the Law of treaties, 1969 define International Treaties as:
“International agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.”
With the growing global pollution, there is an immediate need to protect nature which brings forward the idea for nations to participate in international treaties for environmental regulation. India itself is a member of many such international agreements which are discussed as follows:
The Antarctic Treaty (Washington, 1959)
The Antarctic treaty was found by twelve countries whose scientists were active in and around Antarctica. The treaty was later enforced in the year 1951 and at present has 54 members. The treaty aims towards a scientific preservation and an institute of scientific investigation and suppresses all military activity on the continent. Any nuclear explosion or disposal of radioactive waste materials is strictly prohibited. The main objective of the ATS is to ensure a peaceful community and not an object of international discord.
The Stockholm Declaration, 1972
This was the bedrock of the modern global environmental law which introduces the concept of inter-generational equity. It laid the foundation of modern global environmental law and identifies a healthy environment for livelihood. It was considered necessary that the utilization of natural resources & renewable resources was put to check. They must be preserved as for the future generations to benefit from them. The meeting held was decided over 26 principles .an action plan containing 109 recommendations and a resolution on institutional financial arrangements. It was said to be the first step towards the “Sustainability Revolution”. The Stockholm Declaration has a high influence on the development of International environment laws of policies. The 26 principles of the Stockholm declaration are as follows:
1) Right to protect the environment.
2) Management of natural resources.
3) Management of renewable resources.
4) Conservation of wildlife.
5) Management of non-renewable resources.
6) Pollution control.
7) Prevention of pollution of seas.
8) Economic and social development.
9) Underdevelopment and natural disaster.
10) Stability of prices of primary commodities.
11) Environmental policies.
12) Environment protection education.
13) Rational management of resources.
14) Rational planning.
15) Human settlements.
16) Human population.
17) Setting of environmental pollution control agencies at the national level.
18) Use of science & technology.
19) Education in environmental matters.
20) Further scientific research.
21) Rights and responsibility of the sovereign nation.
22) Development of International Law.
23) Implementation of the agenda by every country.
24) International cooperation.
25) Coordinated and dynamic role.
26) Ban on nuclear weapons.
CITIES
It was enforced on 1st July 1975. It is a multilateral treaty signed, aiming to eliminate the threat of survival of wild animals and plants. An estimate of about 5800 species of animals & 30,000 species of plants are protected by CITIES against the exploration of international trade. India held hands with CITIES on 20th July, 1976.
The Vienna Convention for the protection of Ozone Layer
The Vienna Convention is the 1st convention to be signed by every country around the globe in the year 1985 and was enforced in 1988 & reached Universal ratification in 2009. It was studied that man-made Chlorofluorocarbon (CFCs) reduce & convert ozone molecules in the atmosphere and cause destruction in the layer causing skin cancer. CFCs are molecules comprised of carbon, fluorine & chlorine, those that are generally used in refrigerators. Hence the Vienna convention thought that it was necessary for a regulatory measure in the form of MONTREAL PROTOCOL. The MONTREAL PROTOCOL was enforced on 15th September, 1987 to stop the production and import of substance which cause the ozone to deplete and slowly eradicate their presence in the atmosphere to protect the earth’s ozone layer.
The Brundtland Commission, 1987
The Brundtland Commission, formerly known as the World Commission on Environment Development (WCED) was established to unite the other countries for organizing human development goals while sustaining the ability to provide the natural resources and the ecosystem on which the day to day living relies on. The key element here is the unity between the environment and development. Where “the “environment “ is where we live in and “development“ is what we all do in attempting to improve our lot within that abode. The two are inseparable.” The three main pillars of sustainable development are:
a) Economic growth
b) Environmental protection
c) Social equality
The basic function of the Brundtland Commission was to:
1) Critically analyze the issue causing distress to the environment and to look for favorable solutions to overcome them.
2) enhance international cooperation and introduce new policies and events for the new changes and updates to cope up with time.
The Brundtland commission focuses on areas with dense population and poverty, loss of life of species, industry, human settlements, etc.
Indian Constitutional Provisions
Article 21: No man shall be deprived of his life or personal liberty except according to procedure established by law.
Article 48A: The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 51A(g): 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.
The year 1972 is considered a landmark in the field of environment. After the Stockholm Conference in 1976 India in its 42nd amendment to its constitution gave importance to the environment as per article 48-A 7 Article 51-A (g). The Constitution of India imposes a duty on all citizens to safeguard its natural environment and also puts forward steps to ensure the safety and security of wildlife and forests. Only a few protections towards the environment existed before independence and the immediate sense of duty come after the UN conferences on Human Environment (The Stockholm conference, 1972). It became very important for the judiciary to set up the protection of wildlife. It is believed that a perfect balance between the environment and human habitation is vital for proper sustenance. The Supreme Court laid down the concept of “precautionary principles” & the “Polluter says Principle “. The goals of the environmental Policy can be highlighted as:
a) Protect human health.
b) Ensure the viability of wildlife.
c) Preserve the ancient & historic monuments.
d) Prevent the degradation of the environment.
The MoEF was established in 1985 with the primary objective of protecting and ensuring wildlife and environmental protection. Numerous projects have been put up since 1970 to safeguard the environment against the growing threats. The important legislation for environmental protection are discussed below:
The Water (Prevention & Control of Pollution) Act, 1974
This act was introduced in 1974 to curb the pollution in water and to restore the wholesomeness of water for the establishment. Its basic function was to advise the government on any matter regarding the prevention and concern of water pollution. This act provides provision for technical guidance and conducts research relating to the cause of the pollution and how the issues can be resolved. Water pollution has become a threat in our country and hence the Government is taking major steps to resolve the issue for a healthy environment.
Air (Prevention and Control of Pollution) Act,1981
The growing modernization and industrialization have caused a subtle deterioration in the air quality of the country. According to a survey, the reason for the respiratory causes in New Delhi has been due to air pollution and is 12 times the national average. To counter the problems of this air pollution, standard measures for ambient air quality were established under this act.
The Hydrocarbons emitted from the automobiles are toxic because it reacts with hemoglobin in the blood and cause fatal distress to the human body. Due to this, the main damage is caused to the heart and secondary to the lungs. The main functions of this board are to improve the quality of air to prevent or control or abate air pollution in the country. This Air act seeks to fray-out air pollution by prohibiting the use of polluting fuels and providing regulatory appliances which reduce the chance of air pollution
The Atomic Energy Act, 1962
This act was formed to provide proper control & proper usage of atomic energy for the welfare of the people of the country. After this act, any person who finds a trace of uranium or thorium in any part of the country is bound to report to the central government within 3 months of the discovery. No hazardous waste or concentrates which contain / may contain uranium shall be disposed of properly. The Atomic Energy Act entrenched the Atomic Energy Commission (AEC) to encourage the proper utilization of atomic energy for peaceful purposes.
The Environment (Protection) Act, 1986
This act aims towards the protection and the advancement of the environment. It has laid down several procedures and methodologies for the disposal of hazardous substances as they are the prime cause of environmental pollution. This act allows inspection in the main root of the degradation of the environment. A provision of environmental law and institutes has also been laid down.
The setup of industries and factories within the residential areas has been completely eroded and the procedure for the prevention of accidents causing environmental pollution and the remedies to it has been noted. Any violator will be punishable with a fine of Rs.1,00,000 or imprisonment up to 5 years or both. If the violator continues to commit the offense, an additional fine of up to Rs. 5000 for each day added.
The Wildlife (Protection) Act, 1972
Wildlife crime is not a new issue in India, and has been in existence for quite a long time. Plants and animals are incredibly important for a healthy livelihood. The balance between our ecosystems is the vital ingredient of sustenance. Trade of species of wild animals, plants, and their derivative has been prohibited under the Wildlife Protection Act 1972.
This act provides for the proper administration and adequate legislation. This act allows officials to assemble and gather all information and knowledge regarding the wildlife crime activity and further pass on the information to state and other enforcement agencies such that they can apprehend the criminals and ensure success and prosperity by developing proper infrastructure and capacity building for the scientific and professional investigation of the wildlife crime.
The Forest Conservation Act, 1980
The country’s forest serves a rich heritage and in order to conserve this forest, this act was enacted. It strictly forbids deforestation on the use of forest land for non-forest purposes without the prior approval of the Central Government. This was amended in 1988. This law extends to the whole of India. Any violator who abets or contravenes the conservation of the provisions shall be punishable but the imprisonment of a period. Forest are the lungs of the earth and hence the protection and conservation of trees are necessary as they can support wildlife a well as save the habitat of many animals.
Case Laws
The Ganga Water Pollution Case [AIR 1988, SC 1037]
The owners of the tanneries of Kanpur use to dispose of domestic and industrial waste and effluents in the Ganga river without proper treatment plants for the removal of toxic effluents. The court highlighted the importance of the water (prevention and control of pollution) act, 1947, and stated that the act was passed to prevent and control water pollution and maintain the quality of water. As per ARTICLE 51-A of the constitution of India, it is a fundamental duty to protect and improve the natural environment including forest, lake, river, wildlife. The court ordered the tanneries to establish primary treatment plants.
Taj Trapezium Case Law
A petition was filed invoking the air (prevention and control of pollution) Act 1981 and water (prevention and control of pollution) Act 1974 and Environment protection Act 1986. It was stated that the beauty of the Taj Mahal was deteriorated by 292 industries emitting coke or coal and also caused damaging effects on people living in the Taj Trapezium Zone. According to the petitioner, the chemical and hazardous factories and the refinery at Mathura were the major sources of damage to the Taj. The objective was to stop the pollution while also encouraging the development of industries. The development of industry is vital for the growth of the country but at the same time, the environment also has to be protected. The court held that the industries operating in Agra must switch to natural gas as an industrial gas or stop the use of coke or coal or relocate themselves.
Bhopal Gas Leak Case
India has been a witness of a tragic industrial accident in 1984 in Bhopal when a toxic gas methyl isocyanate escaped from a chemical plant of Union Carbide in Bhopal killing an approx. of 8000 people. There were two conditions imposed by the district court and UCC for the dismissal of the case filed by the Indian Government:
1) Union carbide shall submit to discovery on the American model.
2) It should agree to be bound by and to satisfy the judgment of the Indian tribunal.
The Bhopal gas leak disaster (processing of claims) Act, 1985 was passed by parliament to ensure that the claims arising out of the Bhopal disaster were dealt with speedily, effectively, equitably, and to the best advantage of the claimants. The Supreme Court secured a compromise between the UCC and the Government of India asking the UCC to pay the US $470 million in full and final settlement of all past, present, and future claims arising from the Bhopal disaster. The court later urged the need for establishing the environmental science research group consisting of independent and competent experts to provide the Government with scientific and technical expertise in such types of cases.
Conclusion
Through the years the Government is taking up numerous steps to ensure the protection of nature and its habitats. The rapidly growing population and economic development is leading to several environmental issues in India because of the uncontrolled growth of urbanization and industrialization, expansion and massive intensification of agriculture, and the destruction of forests. There is an immediate need to lay attention to the damage that the growing industrialization and development process has made to the living environment. One of the major problems of environmental degradation is the rising population because it eventually affects the natural resources and environment. It is high time that the people of India wake up to realize the severe magnitude of the damage wrecked on the mother earth in the guise of development.
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