Environment and Ecological Sustainability

NBSCC1101/NBSCC1201
Module-III
Part-III
Environment Protection:
Legal aspects of Environment Protection
Environment Protection Act
Air (Prevention and Control of Pollution) Act
Water (Prevention and control of Pollution) Act
Role of NGOs in Environment Protection.
Environmental Protection and Sustainability
Environmental Education and Awareness.

Environmental protection
On 5th June, 1972, environment was first discussed as an item of international agenda in the U.N. Conference
on Human Environment in Stockholm and thereafter 5th June is celebrated all over the world as World
Environment Day.

Constitutional provisions for environmental protection in the Constitution of India were made within four
years of Stockholm Conference, in 1976, through the 42nd amendment as follows:

Article 48-A of the Constitution provides: “The state shall endeavour to protect and improve the environment
and to safeguard forests and wildlife of the country.”

Article 51A(g) provides: “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.”

Some of the important Acts passed by the Government of India which were implemented as a power tools the
protection of environment.

LEGAL ASPECTS
The Wildlife (Protection) Act, 1972
An Act to provide for the conservation, protection and management of wild life and for matters connected
therewith to ensure the ecological and environmental security of the country.

(i) It defines the wildlife related terminology.

(ii) It provides for the appointment of Wildlife Advisory Board, wildlife warden, their powers, duties
etc.
(iii) Under the Act, comprehensive listing of endangered wildlife species was done for the first time and
prohibition of hunting of the endangered species was mentioned.
(iv) Protection to some endangered plants is also provided under the Act.
(v) The Act provides for setting up of national parks, wildlife sanctuaries etc.
(vi) The Act provides for the constitution of Central Zoo Authority.
(vii) There is provision for trade and commerce in some wildlife species with license for sale,
possession, transfer etc.
(viii) The Act imposes a ban on the trade or commerce in scheduled animals.
(ix) It provides for legal powers to officers and punishment to offenders.

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Several conservation projects for individual endangered species like lion (1972), tiger (1973), crocodile (1974)
and brown antlered deer (1981) were started under this Act. The Act is adopted by all states in India except J &
K, which has its own Act.

The Forest (Conservation) Act, 1980

This Act deals with the conservation of forests. Except J & K, the Act is adopted all over India. The Act covers
under it all types of forests including reserve forests, protected forests.

Reserved forests are open to the public whereas protected forests are not. In reserved forests, activities like
lumbering, grazing and hunting are allowed whereas in protected forests, all activities are banned.

The salient features of the Act are as follows:

(i) The State government has been empowered under this Act to use the forests only for forestry
purposes. If at all it wants to use it in any other way, it has to take prior approval of Central
government, after which it can pass orders for declaring some part of the reserve forest for non-
forest purposes (e.g. mining) or for clearing some naturally growing trees and replacing them by
economically important trees (reforestation).

(ii) It makes provision for conservation of all types of forests and for this purpose there is an advisory
committee which recommends funding for it to the Central government.

(iii) Any illegal non-forest activity within a forest area can be immediately stopped under this Act.

Non-forest activities include clearing of forest land for cultivation of any type of plants/crops or any other
purpose (except re-afforestation).
However, some construction work in the forest for wildlife or forest management is exempted from non-forest
activity (e.g. fencing, making water-holes, trench, pipelines, check posts, wireless communication etc.).

1992 Amendment in the Forest Act

• In 1992, some amendments was made in the Act which made provisions for allowing some non-forest
activities in forests, without cutting trees or limited cutting with prior approval of Central
government.

• These activities are setting of transmission lines, seismic surveys, exploration, drilling and
hydroelectric projects. The last activity involves large scale destruction of forests, for which prior
approval of the Centre is necessary.

• Wildlife sanctuaries, national parks etc. are totally prohibited for any exploration or survey under this
Act without prior approval of Central govt. even if no tree-felling is involved.

• Cultivation of tea, coffee, spices, rubber and plants which are cash-crops, are included under non-
forestry activity and not allowed in reserve forests.
[“non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for any
purpose other than reafforestation]
• Even cultivation of fruit-bearing trees, oil-yielding plants or plants of medicinal value in forest area need
to be first approved by the Central govt.

• This is because newly introduced species in the forest area may cause an imbalance in the ecology
of the forest.
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 • Tusser cultivation (a type of silk-yielding insect) in forest areas by tribals as a means of their livelihood
is treated as a forestry activity.
• Mining is a non-forestry activity and prior approval of Central govt. is mandatory.
• Removal of stones, bajri, boulder etc. from river-beds located within the forest area fall under non-forest
activity.

Thus, the Forests (Conservation) Act has made ample provisions for conservation and protection of forests and
prevent deforestation.

The Water (Prevention and Control of Pollution) Act, 1974

The total numbers of chapters = 8 and sections = 64
Water pollution means such contamination of water or such alteration of the physical, chemical or biological
properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such
water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other
legitimate uses, or to the life and health of animals or plants or of acquatic organisms.

The main provisions of this Act aim at prevention and control of pollution as well restoration of water quality,
through the establishments of State Pollution Control Board and Central Pollution Control Board.

The salient features and provisions of the Act are as follows:

(i) The Act provides the constitution of Central and State Boards for prevention and control of water
pollution.
(ii) The Act discusses powers and functions the boards to control pollution.
(iii) The Act has provisions for funds, budgets, accounts and audit of the Central and State Pollution
Control Boards.
(iv) No person shall knowingly cause pollution to any stream, or well or sewer or on land.
(i) No person shall establish or operate any industry without prior consent of the State Board under
section 25 of the Act. Prohibition on use of stream or well for disposal of polluting matter, etc under
section 24.
(v) The Act provides for maintenance and restoration of quality of all types of surface and ground water.
(vi) The Act makes provisions for the various penalties for the defaulters and procedure for the same.

The Air (Prevention and Control of Pollution) Act, 1981

The total numbers of chapters = 7 and sections = 54

Salient features of the act are as follows:

(ii) The Act provides for prevention, control and abatement of air pollution.
(iii) In the Act, air pollution has been defined as the presence of any solid, liquid or gaseous substance
(including noise) in the atmosphere in such concentration as may be or tend to be harmful to human
beings or any other living creatures or plants or property or environment.

(iv) Pollution Control Boards at the Central or State level have the regulatory authority to implement the
Air Act. Just parallel to the functions related to Water (Prevention and Control of Pollution) Act, the
Boards perform similar functions related to improvement of air quality.

(v) Persons carrying on industry, etc not to allow emission of air pollutants in excess of standards laid
down by State Board under section 22. Based upon analysis report consent is granted or refused to
the industry under section of 21 of the Act.
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 (vi) Just like the Water Act, the Air Act has provisions for defining the constitution, powers and function
of Pollution Control Boards, funds, accounts, audit, penalties and procedures.

(vii) Section 20 of the Act has provision for ensuring emission standards from automobiles. Based
upon it, the State govt. is empowered to issue instructions to the authority incharge of registration of
motor vehicles (under Motor Vehicles Act, 1939) that is bound to comply with such instructions.

(viii) As per Section 19, in consultation with the State Pollution Control Board, the state government
may declare an area within the state as “air pollution control area” and can prohibit the use of any
fuel other than approved fuel in the area causing air pollution. No person shall, without prior consent
of State Board operate or establish any industrial unit in the “air pollution control area”.

The Environment (Protection) Act, 1986

The Act came into force on Nov. 19, 1986, the birth anniversary of our late Prime Minister Indira Gandhi,
who was a pioneer of environmental protection issues in our country. The Act extends to whole of India. Some
terms related to environment have been described as follows in the Act:

The Act has given powers to the Central Government to take measures to protect and improve environment
while the state governments coordinate the actions. The most important functions of Central govt. under this
Act include setting up of:

(a) The standards of quality of air, water or soil for various areas and purposes.
(b) The maximum permissible limits of concentration of various environmental pollutants (including noise)
for different areas.
(c) The procedures and safeguards for the handling of hazardous substances.
(d) The prohibition and restrictions on the handling of hazardous substances in different areas.

(e) The prohibition and restriction on the location of industries and to carry on process and operations in
different areas.
(f) The procedures and safeguards for the prevention of accidents which may cause environmental pollution
and providing for remedial measures for such accidents.

Under this Act, the following rules have been made:

1. The Environment (P) Rules, 1986
• EIA & Environmental audit report
• All standards: caustic soda, oil-refinery, sugar industries, thermal power plants, cement plants, leather
industries, fertilizer industries, etc.

2. The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989

3. The Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms/
Genetically Engineered Organisms or Cells, 1989
4. The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
5. The Bio-Medical Waste(Management and Handling)Rules, 1998
6. The Plastics Manufacture, Sale and Usage Rules, 1999
• Prescribed authority: SPCB - for manufacturing and recycling; Deputy Commissioner – use, collection,
segregation, transportation and disposal
• Thickness of carry bags: Not less than 20 microns

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7. The Noise Pollution (Regulation and Control) Rules, 2000
• District Magistrate, Police Commissioner
• Industrial area: Day (75dBA) Night (70dBA), Commercial area: 65 – 55, Residential area: 55 – 45
• Silence zone: 50 – 40
• DT: 6AM – 10PM, NT: 10PM – 6AM

8. The Ozone Depleting Substances (Regulation and Control) Rules, 2000

9. The Municipal Solid Wastes (Management and Handling) Rules, 2000
• Enforcing officer: DC/DM
• Authorization will be taken by SPCB and monitoring will be done.

10. The Batteries (Management and Handling) Rules, 2001

• Rules will be applied to manufacturer, importer, reconditioner, assembler, dealer, recycler, auctioneer,
consumer and bulk consumer
• Records maintenance
• Enforcing bodies SPCB & MOEF

11. The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008

INITIATIVES BY NON-GOVERNMENTAL ORGANIZATIONS

(A) Role:
Non-government organizations (NGOs) can play a very important role in protection of environment because
they act at the grass-root level.

Simple laws cannot be enforced that effectively unless there is proper awareness amongst the masses. The
NGOs can play a dual role:

(i) They can act as watch-dogs and advice the government about some local environmental issues of
prime and urgent concern.
(ii) They can interact with the people at grass-root level, sharing their problems and concern.

(B) Drawbacks:
(i) Quite often NGO’s are found to work with vested interests, without a genuine concern for the
environment.
(ii) They may get politically motivated. In such cases the public feels cheated and the enthusiasm to
protect the environment is totally lost.

(C) Initiatives:
Some major initiatives taken by NGO’s are discussed here:

(i) Dasholi Gram Swarajya Mandal in Gopeshwar is known for the well-known “Chipko
Movement” for protecting the trees. Sh. Sunderlal Bahuguna’s name is now synonymous with this
movement, who led this movement in Uttarakhand against tree-felling.

(ii) Kalpavriksh is known for the “Narmada Bachao Andolan” headed by Medha Patekar, raising
the major environmental issues associated with the Sardar Sarovar dam on the river, particularly
the issue of displacement and rehabilitation of the natives/outsees.

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 [Oustee” means a person whose land has been acquired for development of Union Territory, Chandigarh
and includes his legal heirs.]
(iii) Centre for Science and Environment (CSE) have played a significant role in preparing ‘Citizen’s
Report’ and have taken up various prime issues in a scientific way. Pesticide levels in cola drinks
exceeding the maximum permissible limits has sensitized the people all over the country.

(iv) Bombay Natural History Society (BNHS) is one of the oldest NGOs of India who have worked
for the protection of wildlife.

(v) Tarun Bharat Sangh, Rajasthan, under the leadership of Sh. Rajendra Singh has done a remarkable
job of harvesting rainwater by constructing check-dams, who was honoured with prestigious
Magsaysay award for his work.

Greenpeace is a world-wide NGO working for the protection of environment.

This organization believes in peaceful mass movements for environmental protection.
There is Sea-shepherd, another NGO, which is determined to stop killing of marine animals. This NGO even
resorted to aggressive and violent means to achieve their goals.

ENVIRONMENTAL EDUCATION
Need for environmental education
• Environmental education or environmental literacy is something that every person should be well
versed with.
• The principles of ecology and fundamentals of environment can really help create a sense of earth-
citizenship and a sense of duty to care for the earth and its resources and to manage them in a
sustainable way so that our children and grandchildren too inherit a safe and clean planet to live on.
• Following the Supreme Court directives (in M.C. Mehta Vs. Union of India, 1988) environmental
education has been included in the curriculum right from the school stage to college/university level.
The prime objective of the same is to make everyone environment literate.
• The environment belongs to each one of us and our actions affect the environment. When the
environment gets degraded it affects our health, well-being and our future. So, we have a right to
know a b c of environment and also have a right to safe and clean environment.

Need for value-based environmental education

Let us now see how environmental education be made value-oriented.

1. Human values. Preparation of textbooks and resource materials about environmental education can play
an important role in building positive attitudes about environment. The basic human value ‘man in
nature’ rather than ‘nature for man’ needs to be infused through the same.

2. Social values. Love, compassion, tolerance and justice which are the basic teachings of most of our
religions need to be woven into environmental education. These are the values to be nurtured so that
all forms of life and the biodiversity on this earth are protected.

3. Cultural and religious values. These are the values enshrined in Vedas like “Dehi me dadami te” i.e.
“you give me and I give you” (Yajurveda) emphasize that man should not exploit nature without
nurturing her. Our cultural customs and rituals in many ways teach us to perform such functions as
would protect and nurture nature and respect every aspect of nature, treating them as sacred, be it
rivers, earth, mountains or forests.

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 4. Ethical values. Environmental education should encompass the ethical values of earth-centric rather
than human-centric world-view. The educational system should promote the earth-citizenship
thinking. Instead of considering human being as supreme we have to think of the welfare of the
earth.

5. Global values. The concept that the human civilization is a part of the planet as a whole and similarly
nature and various natural phenomena over the earth are interconnected and inter-linked with special
bonds of harmony. If we disturb this harmony anywhere there will be an ecological imbalance
leading to catastrophic results.

6. Spiritual values. Principles of self-restraint, self-discipline, contentment, reduction of wants,

freedom from greed and austerity are some of the finest elements intricately woven into the traditional
and religious fabric of our country. All these values promote conservationism and transform our
consumeristic approach.

The above-mentioned human values, socio-cultural, ethical, spiritual and global values incorporated into
environmental education can go a long way in attaining the goals of sustainable development and
environmental conservation. Value-based environmental education can bring in a total transformation of our
mindset, our attitudes and our lifestyles.

Approaches to impart environmental education

Environmental education needs to be imparted through formal and informal ways to all sections of the
society. Everyone needs to understand it because ‘environment belongs to all’ and ‘every individual matters’
when it comes to conservation and protection of environment.’

Various stages and methods that can be useful for raising environmental awareness in different sections of
the society are as follows:

(i) Among students through formal education

Environmental education must be imparted to the students right from the childhood stage. It is a welcome
step that now all over the country we are introducing environmental studies as a subject at all stages
including school and college level, following the directives of the Supreme Court.

(ii) Among the masses through mass-media

Media can play an important role to educate the masses on environmental issues through articles, environmental
rallies, plantation campaigns, street plays, real eco-disaster stories and success stories of conservation
efforts. TV serials like Virasat, Race to Save the Planet, Heads and Tails, Terra-view, Captain planet and the
like have been effective in propagating the seeds of environmental awareness amongst the viewers of all age
groups.

(iii) Among the planners, decision-makers and leaders

Since this elite section of the society plays the most important role in shaping the future of the society, it is very
important to give them the necessary orientation and training through specially organized workshops and
training programmes.

Publication of environment-related resource material in the form of pamphlets or booklets published by

Ministry of Environment & Forests can also help in keeping this section abreast of the latest developments in
the field.

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