ENVIRONMENTAL PROTECTION

Sustainable development is the process of betterment of life in all sections

economic, social, educational, healthcare, food and energy, independence
national security and so on. Therefore, it is necessary that we protect our
environment, from which we drive our substance without causing disturbance
that exceeds it carrying capacity. All forms of life human, animal and plant are
closely interlinked and disturbance in anyone give rise to an imbalance in setup
of the other.
During last three decades, natural resources have been exploited and waste
dumped into environment with complete disregarded to entire ecosystem the
intensity of degradation has reached, such a level that life on earth has become
miserable, water sources are polluted and drying up, vibrant forests are turning
into deserts, air is not fit for breathing in urban areas, the productivity of crop is
diminishing diseases are spreading and plants and animals are getting extinct.
Choking and silting up of water ways delayed several big cities. 9 August 2006
floods in Surat (Gujarat) submerged 90% of city.

Role of Government:
Environmental protection and sustainable development have been basis
for many of policies and procedures governing industrial and other
developmental activities in India.
It is paradoxical to note that in spite of pragmatic approach, the
environmental problems in India arise from: -
(i) Negative effects of process of development.
(ii) Conditions of poverty and under development.

Poorly planned developmental projects often add to environmental problems,

poverty and inadequate availability of resources for a large section of
population to not full fill their basic needs of food, water, shelter, fuel and social
privileges create environmental problems conscious of these problems the
government of India has laid down two important Article in India Constitution
on DPSP (Direct Principal of State Policies) by delineating the duties of state
and all citizens under article 48 A and 51 A (g).
Article ‘21’ of Indian Constitution has provision “Right to life” which has been
introduced by Supreme Court of India as "Right to healthy environment" this
FR stands to ensure: -
 Rising the standard of living of its people.
 Increasing the level of nutrition of the people.
 Bringing improvement to public health.

Article '48 A' of the constitution reads "The state shall endeavor to protect the
environment and safe guard the natural environment".
Article '51A (g)' stand that citizen are required to protect and improve the
natural environment, including forest, lake, rivers and wildlife and to have
compassion for living creatures.
For the protection and conservation of environmental resources the natural
policies of governments should strictly highlight the important of followings: -
1- Reduction in rate of population growth by 30%.
2- Reduction in livestock population growth by 30%.
3- Strict pollution check of all the vehicles.
4- Ban on uses of CFCs.
5- Uses of more and more renewable and alternative energy resources.

Legal Aspects /Legislations enacted by Govt. of India

The most positive milestone of environmental legislation was laid after
UN conference on Human Environment at Stockholm 1972. Where 114 govt.
representative to discuss various environmental issues, thereafter nearly all the
nations of world enacted legal framework for protection of their environment.
Thereafter 5 June celebrated as World Environment Day.
Some important legal aspects in government environmental policies for
insurance of safe environment are:

(a) Conservation of nature and natural resources whether renewable or

non-
renewable.
(b) Scientific and sustainable land use.
(c) Protection of gazing / pasture land.
(d) Waste land management.
(e) Conservation of biosphere reserves for various ecosystem.
(f) Hot-spot screening nurseries and gene sanctuaries.
(g) Protection of endangered species.
(h) Control of toxic substance.
(i) Prevention and protection from forest denudation.
(j) EIA of major project proposal.
(k) Strict penalization of industries violation pollution Control Act.

Both legal and institutional infrastructure for safe guarding environment

includes: farming of rules, acts, notification of standards certification of
environmental laboratories, delegation of powers, identification of agenda for
management of toxicants etc.
Some Environmental Protection Act, Rules and various Amendments:
1- Indian Explosive Act 1884
2- Indian Fisheries Act 1897
3- Indian Forest Act 1927
4- The Wildlife (Protection) Act 1972
5- Forest (Conservation) Act 1980
 6- The Factories Act 1948 (Relating to Noise pollution)
7- The Water (Prevention and Control of pollution) Act 1974, 1977
Amended 1991, 1992
8- The Air (Prevention and Control of pollution) Act 1981 (Amended
1987)
9- The Environment (Protection) Act 1986 (Amended 1992)
10- The National Environmental Tribunal Act 1995
11- The Hazardous Wastes (Management and Handling) rule 1989
(Amended 2000, 2003)
12- The Manufacture, Storage and Impart of Hazardous chemical rules
1989 (Amended 2000)
13- The Municipal Solid Waste (Management and Handling) Rules 2000
14- The ozone depleting substance (Regulation & Control) rules 2000
15- The Recycled Plastic Manufactures and Usage Rule 1999 (Amended
2003)
16- Coastal Regulation Zone (CRZ) Notification 1991 (Amended 94, 97,
98, 2000, 2002, 2003)
17- The slum Area (Improvement and Clearance) Act 1956

Eco - Mark Scheme: -

 Notification on Scheme of labeling of environment friendly
products (ECOMARK) 1991
 Notification on dumping and disposal of fly ash discharged from
coal or lignite based thermal power plants on land 1999.
The Environmental (Protection) Act 1986:
This act is an umbrella legislation designed to provide a framework for
the co-ordination of central and state authorities. It comes into force in whole
India on 19 Nov. 1986.
Under this act, the central government has responsibility for deciding standards,
restricting industrial sites, laying down procedures and safe guards for accident
preventation and handling of hazardous waste, oversight of investigations and
research on pollution issues, on sight inspections, establishment of laboratories
and collection and dissemination of information.
Act also defines the responsibilities of handlers, circumstances for granting
authorization, condition of disposal sites, rules for importing hazardous,
reporting of accidents, packaging and labeling requirement, appeal process for
potential handlers who have been denied Authorization. Rules also promulgated
on the manufacture, storage and import of toxic chemicals, micro-organism,
genetically engineered organism or cells.
From time to time the central govt. issues notification under EPA for protection
of ecologically-sensitive areas or issue guidelines for matters under EPA.
In 2000 these standards were revised yet again and for first time separate
obligation for vehicle owners.
The act also set standards on specific pollutants in specific industrial sector. The
measure provides guidelines for location of industries and mining areas for
permitting and restricting industries in environmentally sensitive areas, coastal
zone regulations and EIA of developmental projects.
Definition and Important Terms defined under Act:
(i)- "Environment" includes water, air and land and their inter-
relationship which exist among between water, air, land and human
beings other living creatures, plants, micro-organism etc.
(ii)- "Environment pollutants" means solid, liquid or gaseous substance
which injurious to environment.
(iii)- "Environmental pollution" means presence of environment
pollutants in environment.
(iv)- Hazardous substance or preparation of chemicals liable to cause
harm to human beings.
General Powers of the Central Govt. for Protection & Improvement of
Environment:
(i)- Co-ordination of actions by the state governments, officers and other
Authorities.
(ii)- Planning and execution of nation - wide programme for the
prevention control and abatement of environmental pollution.
(iii)- Laying down standards for the quality of environment in its various
aspects.
(iv)- Laying down standards for the emission or discharge of
environments pollutants from various sources.
(v)- Restriction of areas in which any industries, operation or process
shall not be carried out.
(vi)- Laying down procedures and safeguard for the prevention of
accidents.
(vii)- Laying down procedures and safeguards for the handling of
hazardous substances.
(viii)- Carrying out and sponsoring investigation and research relating to
problems of environmental pollution.
(ix)- Inspection of any premises, plant, equipment, machinery,
manufacturing or other process, material or substances related to
environment pollution.
(x)- Preparation manuals, codes or guides relating to prevention, control,
and abatement of environmental pollution.
Rules to Regulate Environmental Pollution:
(i)- The standard of quality of air, water or soil for various area and
purposes.
(ii)- The maximum allowable limits of concentration of various
environmental pollutants for different areas.
 (iii)- The procedures and safeguards for handling of hazardous
substances.
(iv)- The prohibition and restriction on handling of hazardous substances
in different areas.
(v)- The prohibition and restriction on the location of industries and
carrying on of process and operation in different areas.
(vi)- The procedures and safeguards for prevention of accident which
may cause environmental pollution, and providing remedial measures for
such accidents.

Merits of Environmental (Protection) Act 1986

1- The act speaks of hazardous industries and environmental disaster. A,
hazardous substance is defined in Sec 2 (c) any substance or chemical
preparation liable to cause harm to human beings and other living
creatures.
The act defines 2 (b) environmental pollution as any solid, liquid or
gaseous substance present in such concentration tend to be injurious to
environment.
2- Section 6 (2) b of the empowers the central government to make rules
for maximum allowable limits of concentration of various environmental
pollutants for different areas.
3- Section 6 (2) of the act empowers the central government to make rule
for the producers and safeguards for the accident which may cause
environmental pollution provide remedial for such accident.
4- According to provision of act (Section 5) Central govt. is empowered
to issue direction for: -
a) The closure, prohibition, or regulation of any Industry, operations
or process.
 b) The stoppage or regulation of supply of electricity or water or any
other service.
5- The act also empowers any citizens to file a complaint in court against
a polluting unit or polluters. This act allowed to PCB to lodge complaints
in courts.
6- According to provision of act the head of government department is
criminally liable if he fails to implement the provision of act.

Demerits of the Environmental (Protection) Act 1986:

1- All Powers and Authority is vested in hands of central government.
2- Problems of nuclear power plants have not been incorporated in this
act.
3- There is no provision on prohibiting the import and marketing of
chemicals which have been banned in other countries.
 Wildlife (Protection) Act 1972

An act to provide for protection of wild animals, birds and plants and for all
matters which connected there with.
It contains 7 chapters, 6 schedule and 66 Section. It extends to whole part of
India (states & union territories) expect Jammu & Kashmir state. The major
activities and provision in this act can be summed up / summarized as follows.
1- It provides for the appointment of wildlife advisory board.

2- Protection of same endangered species.

3- The chief wildlife warden may permit any person to hunt such animal

if it becomes dangerous to human life. And he also recovery in writing

and stating the reason why the any wild animals killed or wounded in

defense of any person shall be government property.

4- Chief wildlife warden may grant a permit to any person in writing

stating the reasons on payment of such fee that is prescribed for the

purpose of education, scientific - research, scientific - management,

collection of specimens, collection or preparation of snake - venom for

manufacturing of life saving drugs.

5- No person shall will fully pick, uproot, damage, destroy, acquire or

collect any specified plant from any forest land and any area specified or

notified by central government.

6- No person shell cultivates a specified plant except under accordance

with a license granted by chief wildlife Warden or any other officer

authorized by State Government.

7- The act provides the declaration of sanctuary and National Park under

Section 38.

8- There is restriction on entry in sanctuary, The chief wildlife warden

may, on application, grant to any person a permit to enter or reside in a

sanctuary for all or any of the following purpose, namely investigation or

study of wildlife, photography scientific research, tourism and learn full

business with any person residing in the sanctuary.

9-It provides for legal powers to officers and punishment to offenders.

Any person who contravenes provision of this act or any rule shall be

guilty of an offence against this act, be punishable with imprisonment for

a term which may punishable with imprisonment for a term which shell

not be less than one year but which may extent to 7 years and also with

fine which should not less than 5000/.

10- This Act gives the power of central government and state government

to make rule.