Environmental Challenges 

According to the State of Environment Report India 2009, made public by the Minister of Environment and Forests, Jairam Ramesh, India faces many important environmental challenges which currently threaten both the development of India and the outlook for its future. The state of India\'s environment is in upset at the hands of uncontrolled human activities, and these ecological ailments are affecting social growth potential. Degradation of land, increasing air pollution, depletion of water resources, loss of indigenous species of flora and fauna and the background of overwhelming poverty are depicted in the report to detract from the positive growth of Indian people and the country as a whole. 

Thus, India’s rapid growth is driving equally rapid environmental destruction. An argument often put forth in developing countries is that it is unfair to ask people to make environmental sacrifices during a period of growth and industrialization when Western countries did not have to make the same choices. Yet, as we get a glimpse of above, India, as a dense country of 1 billion people, faces unique challenges that need unique responses. Here arises the need for environmental regulations and for confirming compliances of these regulations.

The Government of India has established an environmental legal and institutional system to meet these challenges within the overall framework of India’s development agenda and international principles and norms. 

Constitution and National Policies 

The Forty-Second Amendment to the Indian Constitution in 1976 introduced principles of environmental protection in an explicit manner into the Constitution through Articles 48A and 51A(g). Article 48A, part of the Directive Principles of State Policy, obligated the State to protect and improve the environment. On the other hand, Article 51A (g) obligated citizens to undertake the same responsibilities. As far as legislative power was concerned, the Amendment also moved the subjects of “forests” and “protection of wild animals and birds” from the State List to the Concurrent List. The Stockholm conference is honored by references in the Air Act and the Environment Act – a result of effective applications of Article 253 of the Constitution, which gives the Parliament (India’s central legislature) the power to make laws implementing India’s international obligations, as well as any decision made at an international conference, association or other body. In addition to the Constitutional mandate, India has a number of national policies governing environmental management, including the National Policy on Pollution Abatement (NPPA, 1992) and the National Conservation Strategy and Policy Statement on Environment and Development (NCS/PSED, 1992). While these national policies are not judicially enforceable, they serve as guiding principles for the central and state governments to follow.

Legal Framework 

India has an elaborate legal framework with over two hundred laws relating to environmental protection. Key national laws for the prevention and control of industrial and urban pollution include the following:

Water (Prevention and Control of Pollution) Act, 1974: prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non-compliance.

Water (Prevention and Control of Pollution) Cess Act, 1977: provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. 

Air (Prevention and Control of Pollution) Act, 1981: ambient air quality standards, means for the control and abatement of air pollution, prohibits the use of polluting fuels and substances and regulates appliances that give rise to air pollution. 

The Air (Prevention and Control of Pollution) Rules, 1982: defines the procedures for conducting meetings of the boards, the powers of the presiding officers, decision-making, the quorum; manner in which the records of the meeting were to be set etc. 

The Wildlife (Protection) Act, 1972: The WPA (Wildlife Protection Act), 1972: provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. 

The Forest (Conservation) Act, 1980: restricts the powers of the state in respect of de-reservation of forests and use of forestland for non-forest purposes. 

Environment (Protection) Act, 1986 (EPA): provide a framework for the co-ordination of central and state authorities established under the Water (Prevention and Control) Act, 1974 and Air (Prevention and Control) Act, 1981 and the central government is empowered to take measures necessary to protect and improve the quality of the environment by setting standards for emissions and discharges; regulating the location of industries; management of hazardous wastes, and protection of public health and welfare.

The National Environment Appellate Authority Act, 1997: establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industry operation or process or class of industries, operations or processes could not carry out or would be allowed to carry out subject to certain safeguards under the Environment (Protection) Act, 1986.

Factories Act, 1948 and its Amendment in 1987: The Act contains a comprehensive list of 29 categories of industries involving hazardous processes, which are defined as a process or activity where unless special care is taken, raw materials used therein or the intermediate or the finished products, by-products, wastes or effluents would:

• Cause material impairment to health of the persons engaged

• Result in the pollution of the general environment

Public Liability Insurance Act (PLIA), 1991: The PLIA was amended in 1992, and the Central Government was authorized to establish the Environmental Relief Fund, for making relief payments.

National Environment Tribunal Act, 1995: The Act provided strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to give relief and compensation for damages to persons, property and the environment and for the matters connected therewith or incidental thereto.

The primary institutions responsible for the formulation and enforcement of environmental acts and rules include the Ministry of Environment and Forests (MOEF), the Central Pollution Control Board (CPCB), State Departments of Environment, State Pollution Control Boards (SPCBs) and Municipal Corporations.