1 Environment Laws in India
The need for protection and conservation of environment and sustainable use of natural resources is reflected in the constitutional framework of India and also in the international commitments of India. The Constitution under Part IVA (Art 51A-Fundamental Duties) casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. Further, the Constitution of India under Part IV (Art 48A-Directive Principles of State Policies) stipulates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Several environment protection legislations existed even before Independence of India.
However, the true thrust for putting in force a well-developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). After the Stockholm
Conference, the National Council for Environmental Policy and Planning was set up in 1972 within the Department of Science and Technology to establish a regulatory body to look after the environment-related issues. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF).
MoEF was established in 1985, which today is the apex administrative body in the country for regulating and ensuring environmental protection and lays down the legal and regulatory framework for the same. Since the 1970s, a number of environment legislations have been put in place. The MoEF and the pollution control boards ("CPCB", ie, Central Pollution Control Board and "SPCBs", ie, State Pollution Control Boards) together form the regulatory and administrative core of the sector.
The National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) has been enacted with the objectives to provide for establishment of a National Green Tribunal (NGT) for the effective and expeditious disposal of cases relating to environment protection and
conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.
The Act received the assent of the President of India on June 2, 2010, and was enforced by the Central Government vide Notification no. S.O. 2569(E) dated October 18, 2010, with effect from October 18, 2010. The Act envisages establishment of NGT in order to deal with all environmental laws relating to air and water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act as have been set out in Schedule I of the NGT Act.
Consequent to enforcement of the National Green Tribunal Act, 2010, the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997 stand repealed. The National Environment Appellate Authority established under s 3(1) of the National Environment Appellate Authority Act, 1997stands dissolved, in view of the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010 vide Notification no. S.O. 2570(E) dated October 18, 2010.
2 The Air (Prevention and Control of Pollution) Act, 1981
This Act has been passed to provide for the prevention, control and abatement of air pollution. According to its statement of objectives, “Various pollutants discharged through industrial emission and from certain human activities connected with traffic, heating, use of domestic fuels, and refuse have a detrimental effect not only on the health of the people, but also on animal life, vegetation and property.”
There are some important definitions mentioned in this Act:
1. Air Pollutant:
It means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.
2. Automobile:
It means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel.
3. Chimney:
It includes any structure with an opening or outlet from о through which any air pollutant may be emitted.
4. Emission:
It means any solid or liquid for gaseous substance coming out of any chimney, duct or flue or any other outlet.
The Act was amended in 1987. Failure to comply with the provisions of this Act or directions shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and by imprisonment for a term which may be extended to Ten Thousand Rupees or with both. But in the case at continuing contravention with an additional fine which may extend to Five Thousand Rupees for everyday during
3 which such contravention continues after conviction of the first such contravention. In
contravention of the New Industrial Policy of 1980, the Act extended certain rules for setting up of industries in the country.
It issued new guidelines in this regard:
(a) Clearance certificate from State Pollution Control Board;
(b) Shifting of industries from urban areas;
(c) Industries have to follow the air quality measurements as per State/Central pollution boards; and
(d) Replacement of pollution generating machinery.
Powers and Functions of Central and State Pollution Control Boards
The Central Pollution Control Board has to perform the following functions:
1. Adviser to Government:
CPCB advise the Central government on any matter concerning the prevention and control of air pollution in India.
2. Co-ordinate Activities:
It coordinates the activities of the State/ Pollution Control Boards and resolves disputes.
3. To Publish Statistical Data:
CPCB collects, compiles and publishes technical and statistical data related to water pollution. It suggests measures for its effective prevention and control.
4. To Organise Training:
It plans and organises the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution.
4 5. To Sponsor Research:
It provides technical assistance and guidance to the State Pollution Control Boards for carrying out activities. It sponsors investigations and research relating to problems of pollution and prevention.
The State Pollution Control Board has to perform the following functions:
(1) Adviser to State Government:
It advises the State Government on any matter concerning the prevention, control or abatement of air pollution.
(2) Coordinates Activities:
The State Pollution Control Board coordinates the activities of Central Pollution Control Board and resolves disputes.
(3) Effluent Standards:
It lays down, modify or annul effluent standards.
(4) Laboratory Testing:
The Board establishes laboratories to test air pollution.
The Water (Prevention and Control of Pollution) Act, 1974
The Water Prevention and Control of Pollution Act, 1974 (the "Water Act") has been enacted to provide for the prevention and control of water pollution and to maintain or restore
wholesomeness of water in the country. It further provides for the establishment of Boards for the prevention and control of water pollution with a view to carry out the aforesaid purposes. The Water Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non-compliance. At the Centre, the Water Act has set up the CPCB which lays down standards for the prevention and control of water pollution. At the State level, SPCBs function under the direction of the CPCB and the State Government.
Further, the Water (Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the levy and collection of a cess on water consumed by persons operating and
5 carrying on certain types of industrial activities. This cess is collected with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974.
The Act was last amended in 2003.
Water pollution has assumed such high proportion today that not only the aquatic eco- systems are greatly damaged but even the lives of animals on land are threatened. The
pollution of rivers, lakes and seas is a direct result of the population explosion and large scale industrialization.
The Water (Prevention and Control of Pollution) Act was passed by the Parliament in 1974 to tackle this problem. The Act tends to provide legal deterrents against the spread of water pollution. It applies to the States of Bihar, Assam, Gujarat, Haryana,
H. P., J&K, Karnataka, Kerala, M.P. Maharashtra, Rajasthan, Tamil Nadu, Tripura and West Bengal and all the Union Territories and such other States which may adopt it in pursuance of Article 252 (1) of the Constitution.
It’s Objectives:
The Act was passed with the following objectives:
1. To Control Wafer Pollution:
The main objective of this Act was to provide for the prevention and control of water pollution and maintaining or restoring of wholesomeness of water (in streams or wells or sewer or on laundry.)
2. To Maintain the Quality of Water:
It was realized that on account of large scale discharge of industrial waste into the rivers and streams, the quality of water as well as its utility have been adversely affected. In this direction, the Act was passed and there was provision to take action against industries or persons in this regards.
6 3. Establishment of Central and State Boards:
The Act made provisions for establishment of Central and State Boards with a view to carry out the above objectives.
The Water (Prevention and Control of Pollution) Act, 1974 has defined some terms related to water pollution:
1. Pollution:
Under this Act, pollution means such contamination of water or such alternation 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 of aquatic organisms.
2. Trade Effluent:
Trade effluent includes any liquid gaseous or solid substance which is discharged from any premises used for carrying on any (industry, operations or process or treatment and disposal system) other than domestic sewage.
3. Sewage Effluent:
Sewage effluent means effluent from any sewerage system or sewage disposal works and includes sullage from open drains.
4. Outlet:
Outlet includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or it likely to cause pollution.
Powers and Functions of Central Pollution Control Board
The following are the powers and functions of Central and State Pollution Boards as per Water (Prevention and Control of Pollution) Act, 1974.
7 The Central Pollution Control Board (CPCB) has to perform the following functions:
1. Adviser to Government:
CPCB advises the central government on any matter concerning the prevention and control of water pollution in India.
2. Coordinate Activities:
It coordinates the activates of the State Pollution Control Boards and resolve disputes.
3. To Publish Statistical Data:
CPCB collects, compiles and publishes technical and statistical data related to water pollution. It suggests measures for its effective prevention and control.
4. To Organise Training:
It plans and organises the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution.
5. To Sponsor Research:
It provides technical assistance and guidance to the State Pollution Control Boards for carrying out research. It sponsors investigations and research relating to problems of water pollution and prevention.
Powers and Functions of State Pollution Control Boards:
The State Pollution Control Board has to perform the following functions:
(i) Adviser to State Government:
It advises the State government on any matter concerning the prevention, control or abatement of water pollution.
(ii) Setup Effluent Treatment Plants:
The Board inspects works and plants for the treatment of sewage and to review plans for the purification of water.
8 (iii) Coordinate Activities:
The Board coordinates the activities of Central Water Pollution Control Board and resolves disputes.
(iv) Effluent Standards:
It lays down, modify or annul effluent standards for the sewage and grade effluents. It evolves methods of utilisation of sewage and suitable trade effluent agriculture.
(v) Laboratory Testing:
The Board may establish laboratories to test the samples of water from any stream or well or of samples of any sewage or trade effluents.
Prohibition on Use of Stream or Well for Disposal or Polluting of Water
(a) No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any stream or well or sewer or on land, or
(b) No person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial
aggravation of pollution due to other causes or of is consequences.
Restrictions on New Outlets and New Discharges by Industry or any Person:
No person shall, without the previous consent of the State Board, establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land.
Penalties under the Water Act, 1974
9 Failure to comply with the directions of the Act shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
