INTRODUCTION-
The sundry geographical and climatical condition of India has led to a variety of ecosystem. Since ancient period, we Indians have a divine feeling for nature, which can also be witnessed by the wordings mentioned in Upanishads, Vedas, Puranas, Sutras and many more sacred texts. We humans have been blessed with the beautiful nature without any austerity. But for the sake of avaricement we humans have destroyed every single piece of nature. There are plenty of laws which has been enacted for the protection of environment according to the changing needs and rapid evolution, but the humans have tumbledown not only the laws but also the nature simultaneously.
“When mores are sufficient, laws are unnecessary; when mores are insufficient, laws are unenforceable.” – Emile Durkheim
The above mentioned statement depicts the current status of the environment as in the consensus of the human being are not identical regarding the conservancy of the environment and that’s the reason law plays no role.
ENVIRONMENT-
The term environment has been borrowed from a French word “Environia” which means to surround and it also cites to both abiotic (physical or non-living) and biotic (living) environment. The word environment means surroundings, in which organisms live exists.
Section 2(a) of the Environment Protection Act, 1986 defines the term ‘environment‘. The bare reading of Sec 2(a) of the above mentioned act is –
“Environment” includes water, air and land and the relationship which exists amongst and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.
LIST OF ENVIRONMENTAL LAWS-
There exists a long and huge list of laws which has been enacted by the Indian Legislations for our environment, but there are some major environmental laws which plays a distinct role to protect the environment and they are as follows-
- The Water (Prevention and Control of Pollution) Act, 1974
- The Environment (Protection) Act, 1986
- The Air (Prevention and Control of Pollution) Act, 1981
- The Wildlife Protection Act, 1972
- The Forest conservation Act, 1980
- The Biological Diversity Act, 2002
- The National Green Tribunal Act, 2010
These laws has been enacted to protect our environment in every possible way and for this there has been several treaties, conventions, regulations which ensure the perseverance of environment. The main motive to implement these laws were to draw a balance between nature and humanity because they are dependent on each other and several punishments has also been imposed in the subject of its negligence. The contribution of the environment law is to corroborate that the practices used in the environment do not cause damage to the environment, human or animal health.
Not only the above mentioned statutes aim to curb all those malpractices against the nature but our supreme law, the grundnorm: the Indian Constitution also focus the same. According to Article 48 (A) of the Indian Constitution, the state shall try to protect and improve the environment. It should also endeavor to safeguard forests and wildlife of the country.
According to Article 51(A) (g) of the Indian Constitution, every citizen of India has a fundamental duty to protect and improve the natural environment including forest, lakes, rivers, and wildlife and should have compassion for living creatures.
The Indian constitution furnishes the basic human right of each individual to live in pollution-free environment.
LACUNA IN ITS EXECUTION ALONG WITH ITS MEASURES-
Without execution, ‘vision’ is just another word for ‘hallucination’. – Mark V. Hurd
History has been witnessed, the pendency and long list of cases filed in the court of laws regarding the incidence which has affected the environment degradedly. Indeed there are laws but is these laws have been implemented and executed properly or it’s just a piece of scenery hanging on a wall? If the laws are executed properly then such major incident won’t have taken place. Bhopal gas tragedy, Uranium Poisoning case in Punjab, River Ganga pollution case and many more are the example of cases where the incidence happened just because its lack of execution. This reflects that there is no paucity of regulations of statutes for environmental protection in India, nevertheless, in spite of all these laws, it is progressively apparent that we have enthrallingly modified the environment.
- Prevailing laws customarily focuses only on certain types of pollution and left out at the same time paramount and crucial areas of environmental hazards. There are no sufficient linkages in handling matters of industrial and environmental safety. Coal-based power plants continue to be the major source of air pollution in the country as more than 300 coal thermal power plants still violate emission standards
- The deforestation, cutting of tree is a major and prominent issue which India is facing, despite the laws, the continuation of cutting trees without seeking permission from the competent authority is going on rapidly for the purpose and growth of industrialization. There is no check & balance of hazard standards equipment in industrial units.
- The pollution of water is a prodigy which is identified by the failure of the caliber of water. It is approximated that man can keep body and soul together, twenty days without food, but without water it’s impossible to persist one day. Water pollution is a worldwide problem, infecting both the industrialized and the developing nations. The Water Act, which was brought in force in 1974, and number of laws and regulations have been existing, but consecutively proved to be ineffective.
The one who is protecting the environment and the one who is polluting are frequently spattering in the habitual debate ‘Development v. Environment.’ While it is judicious to try current vitality and plan to explore the path, the current mechanisms that have been progressed by State or through judicial interposition is far from sufficient. A scrupulous evaluation has to be done in respect of the environmental laws which will surely specify that it need a cautiously planned preventive strategy to administer degradation of the environment.
One of the prominent reasons for its execution is that the there is no self-governed regulatory body for environmental governance. Ministry of Environment Forest and Climate Change (MoEF) is the one who administers the same. Due to unrestricted intervention by government on the governance of the Ministry, there is deficient execution of environmental law.
There is also an absence of political will and public recognition. They are the one who are unaware of the laws hence, the legal aid will play a vital role to make them aware of the laws. NGOs can also represent to aware about problems and challenges amongst to the common people. Virtually, all laws related to environment contemplates the dominance of human beings over environment. We have a fruitless pollution control mechanism. The current substructure under the Water Prevention and Control of Pollution Act, 1974 and Air Prevention and Control of Pollution Act, follows the instruction and regulate its structure. Industries are compelled to take authorization from the State Pollution Control Board to release effluents and causing emissions but there is floppiness in cooperation due to absence of indestructible penalty. PCB’s (Pollution control Board) don’t have legal authority and their commitment inclined to be overruled by the government. There is also an absence of funds to the Pollution Control Boards and they don’t even have adequate substructure or laboratories. There are evident laws which are not very flexible and adaptable. The existing laws give recognition to some particular types of pollution or specific categories of hazardous substances and it also failed to welcome the polluter pay principle. Environmental Litigation are extremely extortionate juxtpose to other disputes as it encompass expert testimony and technical evidences. There is a requirement of an hour to encourage these agencies to perform something inspiring of the legislation with the powerful “Political Will of the State”.
CRITICAL ANALYSIS-
Indeed we have numerous Environmental protection laws in India, we are not very victorious in accomplishing the demands of environmental protection, mostly due to the lack of political will and public awareness. Other reason may be since most of our environmental laws are humanistic i.e. principally contemplating on the protection of humans and welfare and is not unequivocally meant for the protection of the environment in which humans live.
The feasible grounds behind this is the fact that practically all environmental laws consider the advantage of humans over nature and the ecosystem. Contrastingly, the ecosystem is a multiplex system that is firmly integrated and self-regulating. It works finest when left solely by human interference whereas our laws are particularly analyzed with intensifying the economic welfare of human beings. Unenlightment of environmental issues will not help. We need a bright outlook on the part of each human which is crucial for fruitful enforcement of these legislations.
The Supreme Court has advised the Union of India and University Grant Commission (UGC) to take significant measures instantly to execute the guidelines laid down by the Court to stipulate the course on environment. In the current day globalization period, the theory “Social Engineering” Propounded by Roscoe Pound contemplates: “The policy of Law makers, town planner, developers of industrial sectors in such a manner, it should be satisfying the maximum wants, or desires, or claims of the human beings with minimum waste, means a balance between the competing interests in the society”.
As a matter of fact industrialization plays prominent role in our economy & commerce and also initiate scope of employment to our young generations but one has to cherish an environmental factor also. Hence, sustainable development is the call for demand and it would be accommodating to maintain the environmental factor. Natural resource may be employed as small as and policy framers must plans industrialization & urbanization policy to safeguard & ameliorate the environment & pollution free atmosphere for the sake of conserving fertile lands and industrial township that can be set up in non-fertile lands
Excellent blog Crystal clear facts and law covered.,👍👍