Environmental Laws/Acts in India

Important law to protect the Environment in India

Wildlife (Protection) Act, 1972

Wildlife Act, a landmark in the history, was enacted for providing protection to wild animals and birds.
From State to Concurrent subject: Wildlife was transferred from State list to concurrent list in 1976, thus giving powers to the Central government to enact legislation.

Salient features of WPA-1972

Definitions:
It clearly defines the wild-life related terminology.

Appointments:
It provides for the appointment of wildlife advisory Board, Wildlife warden, their powers, duties etc.
Exhaustive list of Indian wildlife:

The endangered wild life species was done for the first time and prohibition of hunting of the endangered species was mentioned.

• Endangered plants like Beddome cycad, Blue Vanda, Ladies Slipper Orchid, Pitcher plant etc
• Animals are – Tiger, Sangai deer, Dugong, great Indian bustard.

Institutions:

• The Act provides for setting up of National Parks, Wildlife Sanctuaries etc.
• The constitution of Central Zoo Authority.
• The Act also provides the constitution of Indian Board of Wildlife (IBWL)
• It also sets up National Tiger Conservation Authority.

Wildlife trade and protection:

• There are few provisions for trade and commerce in some wildlife species with license for sale, possession, transfer etc.
• The Act imposes a ban on the trade or commerce in scheduled animals.
• It provides for legal powers to officers and punishment to offenders.
• It provides for captive breeding programme for endangered species.

Five kinds of protected areas can be notified in the Act. These are:

Sanctuaries: 

• The State or Central Government may by notification declare its intention to constitute any area as a sanctuary for protecting wildlife and the environment. 
• The government determines the nature and extent of rights of persons in or over the land within the sanctuary.

National Parks: 

• The State or Central Government may declare an area, whether inside a sanctuary or not, as a national park for the purpose of protecting and developing wildlife and its environment. 
• The State Government cannot alter the boundaries of a national park except on the recommendation of the National Board for Wildlife. 
• No grazing or any other human activities is allowed inside a national park.
• All provisions applicable to a sanctuary are also applicable to a national park.

Tiger reserves: 

• These areas were reserved for protection tiger in the country. 
• The State Government on the recommendation of the Tiger Conservation Authority may notify an area as a tiger reserve, for which it has to prepare a Tiger Conservation Plan. 

Conservation reserves and community reserves

• These protected areas act as buffer zones and migration corridors between established national parks, wildlife sanctuaries and reserved and protected forests of India.
• These protected area categories were first introduced in the Wildlife (Protection) Amendment Act of 2003

Schedules in WPA-1972

Schedule I and II:

• This section covers animals which are in the category of endangered species.
• The sections in this schedule give absolute protection to certain species and these cannot be infringed on any account.
• The animals can only be hunted if they are dangerous to human or diseased or disabled.
• Any violation is a punishable offence, the famous actor Salman Khan was sentenced to 5 years rigorous imprisonment for shooting a black buck in Rajasthan.
• The case is under appeal in the high court. In addition, 16 persons have been convicted and sentenced to various terms of prison up to 7 years for killing a tiger.

Schedule III and IV:

• These also have roughly the same provisions of Section I and II, but cover animals that are not in danger of becoming extinct or endangered, required equal protection.
• The penalties under this section are also less than Schedule I and II.

Schedule V:

• This include the list of vermin animals-mice, common crow, monkey, pigs, bats, etc
• For this purpose, the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.

Schedule VI:

• It concerns with the cultivation and plant life and gives teeth to setting up more protected animal parks.

Drawbacks of the Wildlife (Protection) Act, 1972:

• It seems that the Act has been enacted just as a fallout of Stockholm Conference held in 1972.
• The personal ownership certificates for animal articles (tiger, leopard skins etc.) are permissible which very often serve as a tool for illegal trading.
• Bias towards fauna There is little emphasis on protection of plant genetic resources.
•  Poor deterrence :

1. The offender of the Act is not subject to very harsh penalties. It is just up to 3 years imprisonment or a fine of Rs. 25000 or both.
2. Conviction rate is as low as of 2% for crime related to wildlife.
3. Lack of control mechanism in international border and transport facility.

• Lack of skilled people

1. Due to lack of specialization, police and customs officers are not able to recognize tiger bones, which are exported with a different label.
2. Authorities are not highly sensitive towards animal welfare and the seriousness of the crime.

Water (Prevention and Control of Pollution) Act, 1974

The Act defined terms like pollution, sewage effluent, trade effluent, stream and boards. The salient features and provisions of the Act are summed up as follows:

• The Act provides for maintenance and restoration of quality of all types of surface and ground water.
• Controlling bodies: It provides for the establishment of Central and State Boards for pollution control.
• Functions: The Act assigns powers and functions to these Boards to control pollution.
• Authority to board: The Central and State Pollution Control Boards are given comprehensive powers to advise, coordinate and provide technical assistance for prevention and control of water pollution.
• Audit: The Act has provisions for funds, budgets, accounts and audit of the Central and State Pollution Control Boards.
• Prohibition: The Act prohibits disposal of any poisonous, noxious or polluting matter to the flow of water in a stream. However, dumping of any material into a stream for the purpose of reclamation of land is not considered an offence.
• Penalties: The Act provides for severe and deterrent punishments for violation of the Act which includes fine and imprisonment

Functions of Central Pollution Control Board (CPCB):

• Advisory body: CPCB advises the Central government in matters related to prevention and control of water pollution.
• Assist State boards: Coordinates activities of State Pollution Control Boards and provides them technical assistance and guidance.
• Awareness: Organizes comprehensive programmes on pollution related issues through mass media.
• Quality measures: Lays down standards for water quality parameters.
• Information dissemination: Collects, compiles and publishes technical and statistical data related to pollution.
• Guidelines: Prepares manuals for treatment and disposal of sewage and trade effluents.
• Labs: Establishes laboratories for analysis of water, sewage or trade effluent samples.

Forests (Conservation) Act, 1980

Features: 

Forest (Conservation) Act was enacted for providing a higher level of protection to forests and to regulate diversion of forest lands for non-forestry purposes.

• Definition: The term “forest land” mentioned in the Act refers to reserved forest, protected forest or any area recorded as forest in the government records. The term “tree” will have the same meaning as defined in the Indian Forest Act 1927.
• Wide coverage: The act extends to whole of India except state of Jammu and Kashmir (J&K).
• Strong Regulation: As per the Forest (Conservation) Act, 1980 Prior permission of the Central Government is essential for De-reservation/ Diversion of forest land for non-forestry purposes.
• Control deforestation: The Act has made ample provisions to check deforestation and encourage afforestation of non-forest areas.
• Promote afforestation: This act put certain conditions on user(s) that need to deposit required amount to undertake compensatory afforestation for mitigate negative impact of forest land diversion. The amended Act (1988) prohibits lease of forest land to anybody other than the government. It enhances conservation, plantation and increase of forest cover to an average of 30%.

Amended Forest Act, 1992:

• Infrastructure is allowed: The Act made provision for allowing some non-forest activities in forests without cutting trees with prior approval of Central government. These activities include setting of transmission lines, seismic surveys, exploration, drilling and hydroelectric projects.
• Total ban deforestation: Wildlife sanctuaries, National Parks etc. are totally prohibited for any exploration or survey without prior approval of Central government even if no tree felling is involved.
• More crops under NFA: Cultivation of tea, coffee, spices, rubber, mulberry for rearing silk worms and cash crops are included under non-forestry activities and are not allowed in reserve forests.
• Mining: Mining is a non-forestry activity and prior approval of Central government is mandatory. 
• Environmental Impact Statement. 

Even cultivation of fruit bearing trees, oil yielding plants or medicinal plants in the forest area need to be first approved to maintain the balance in the ecology of the forest.

Air (Prevention and Control of Pollution) Act, 1981

Air pollution is defined as the presence of any liquid or gaseous substances in the atmosphere in such a concentration which tends to be injurious to man, animals, plants or environment. The Air Act was passed under Article 253 of the Constitution of India and in pursuance of decisions of Stockholm Conference.
Objective: to provide means for the prevention, control and abatement of air pollution in order to preserve the quality of air.

• Define: such as air pollution, air pollutants, vehicular exhausts and industrial plants etc. The Act also includes automobiles, diesel vehicles, transport, railways and domestic fuels.
• Demarcate high pollution areas: The Act provides the declaration of certain heavily polluted areas as Air pollution control area and no industrial plant shall be operated in these areas without prior consent of the State Pollution Control Board.
• Pollution boards duties: The Central and State Water Boards have been entrusted with the task of controlling and preventing air pollution. The State Boards have to lay down and enforce standards for prevention and control of air pollution.
• Emission control: The State Government and the respective Board(s) may give instructions to the concerned Authority in-charge for Registrations under the Motor Vehicles Act, 1939, to ensure emission standards for automobiles. Failure to comply with the conditions prescribed for this purpose is punishable with fine and imprisonment.
• Penalty on polluter: The State Boards have powers to sue a polluter in a court of law to punish him for polluting the air and the expenses incurred by the Board will be recovered from the polluter. 
• Noise as pollution: The Act also includes noise under the category of air pollutants in 1987.

Environment Protection Act, 1986

• The Environment Protection Act,1986 was enacted as per the spirit of the Stockholm Conference (1972), to take appropriate steps for the protection and improvement of the environment and to prevent hazards to human beings, living creatures and property. Salient Features of the Act:
• EPA provide a single focus in the country for the protection of environment and to plug the loop holes in the earlier laws.
• The Act ensures enforcement of several Acts/Regulations concerning pollution control.
• EPA is an umbrella legislation which provides a framework for the coordination of Central and State Governments and authorities established under Water and Air Acts. 
• This Act confers powers to the Central Government to take measures that are necessary for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

Issue directions for:

1. the closure, prohibition or regulation of any industry, operation and process and,
2. the stoppage or regulation of the supply of water, power or any other service even without obtaining court orders. 

• Empower any person to enter, inspect, take samples and test.
• Establish environmental laboratories and appoint Government analysts.
• Prohibit industrial emission or discharge of environmental pollutants over and above the limits stipulated by the relevant standards.
• Any person can make a complaint of violation of provisions of the Act to the Central Government or authority or officer authorized for this purpose.
• The Act prescribes stringent penalties to the defaulters for violation of the provisions of the Act. 
• The jurisdiction of Civil Court is barred under the Act. Every State has to set up Green Bench Courts to attend to Public Interest Litigation (PIL) cases concerning environmental hazards affecting the quality of life of citizens.

Biodiversity Act, 2002

By following the ideals of, India enacted the Biological Diversity Act in 2002, and notified Biological Diversity Rules in 2004, to give effect to the provisions of this Convention.

• Three-tiered institutional structure- at the national, state and local levels.