Environmental law plays an important role in addressing the global challenge of climate change. As the impacts of climate change become increasingly apparent and urgent, the legal response to this pressing issue has gained significant momentum.

Environmental law encompasses a wide range of legal instruments and frameworks designed to protect and preserve the environment, including international treaties, national legislation, and regional regulations.

In the context of climate change, environmental law aims to mitigate greenhouse gas emissions, promote sustainable practices, and adapt to the changing climate.

This essay explores the legal response to climate change, examining key international agreements, domestic legislation, and emerging trends in environmental law that seek to address the complex and multifaceted challenges posed by climate change. By examining the legal frameworks and mechanisms in place, we can gain insight into the efforts being made to combat climate change and promote a sustainable future.

International Climate Agreements

International climate agreements play a crucial role in the legal response to climate change by fostering global cooperation and establishing frameworks for collective action. These agreements aim to address the causes and consequences of climate change, promote sustainable development, and mitigate greenhouse gas emissions.

United Nations Framework Convention on Climate Change (UNFCCC)

Adopted in 1992, the UNFCCC is a foundational treaty that serves as the basis for international climate cooperation. Its objective is to stabilize greenhouse gas concentrations in the atmosphere and prevent dangerous anthropogenic interference with the climate system.

Kyoto Protocol

The Kyoto Protocol, adopted in 1997 and entered into force in 2005, established binding emissions reduction targets for developed countries (Annex I parties) for the period 2008-2012. It introduced market-based mechanisms, such as emissions trading and clean development mechanisms, to facilitate emissions reductions.

Paris Agreement

The Paris Agreement, adopted in 2015 and ratified by nearly all countries, aims to limit global temperature rise well below 2 degrees Celsius above pre-industrial levels and pursue efforts to limit it to 1.5 degrees Celsius. It emphasizes nationally determined contributions (NDCs), through which each country sets its own emissions reduction targets and climate actions. The agreement also promotes climate finance, capacity-building, and transparency.

National Climate Policies and Legislation – India

India, as a signatory to various international climate agreements, has implemented several national climate policies and legislation to address the challenges of climate change and promote sustainable development.

National Action Plan on Climate Change (NAPCC)

Launched in 2008, the NAPCC outlines India’s strategy to mitigate greenhouse gas emissions and adapt to climate change. It comprises eight national missions focusing on areas such as solar energy, energy efficiency, sustainable habitat, water, and agriculture. The missions aim to promote clean energy, enhance energy efficiency, conserve natural resources, and build climate resilience.

Energy Conservation Act

The Energy Conservation Act, enacted in 2001, provides a legal framework for promoting energy efficiency and conservation in various sectors. It establishes energy consumption norms, labelling requirements for appliances, energy audits, and the creation of a designated agency for energy conservation.

National Clean Air Program (NCAP)

Launched in 2019, the NCAP aims to improve air quality in India’s most polluted cities. It sets targets for reducing particulate matter (PM) pollution and other air pollutants and implements measures such as city-specific action plans, strengthening monitoring systems, and promoting public participation in air quality management.

Green India Mission

The Green India Mission, launched as part of the NAPCC, focuses on increasing forest and tree cover across India. It aims to enhance ecosystem services, increase carbon sinks, and promote biodiversity conservation through afforestation and reforestation efforts.

More On This: Legal Framework for Environmental Protection in India

Climate Litigation

Climate litigation has emerged as a powerful tool in addressing climate change and holding governments and corporations accountable for their contributions to global warming. These legal actions seek to enforce environmental laws, challenge inadequate climate policies, and seek compensation for the impacts of climate change.

Climate litigation cases involve a range of issues, including government inaction, fossil fuel industry accountability, and violations of human rights linked to climate change. These lawsuits are filed in national and international courts, and their outcomes have the potential to shape climate policy, drive regulatory change, and raise public awareness about the urgency of addressing climate change.

As climate impacts intensify and the legal recognition of the rights and responsibilities associated with climate change evolves, climate litigation is likely to continue playing a significant role in global efforts to combat climate change and ensure a sustainable future.

Indigenous Rights and Climate Change

The impacts of climate change disproportionately affect indigenous communities around the world, as their livelihoods, cultures, and identities are intimately tied to their lands and resources.

With their traditional knowledge and sustainable practices, indigenous peoples have long been stewards of the environment. However, they often face challenges such as land encroachment, resource exploitation, and displacement due to climate change-related events and activities.

For the importance of indigenous rights, there is a growing recognition of the need to include indigenous voices and perspectives in climate policy and decision-making processes. International agreements such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and platforms like the Local Communities and Indigenous Peoples Platform under the United Nations Framework Convention on Climate Change (UNFCCC) aim to promote the rights, knowledge, and participation of Indigenous peoples in climate action.

Challenges and Resistance in the Legal Response to Climate Change

Environmental law and the legal response to climate change face significant challenges and resistance as they seek to address the complex and global issue of climate change.

One challenge is the existence of conflicting interests and priorities among various stakeholders, including governments, corporations, and communities. Balancing economic development with environmental protection and climate action can lead to resistance from industries that perceive stricter regulations as barriers to growth.

Moreover, the implementation and enforcement of environmental laws can face challenges due to inadequate resources, political pressures, and limited capacity for monitoring and compliance. Additionally, there may be resistance from those who deny or downplay the urgency of climate change, hindering efforts to implement effective policies and measures.

However, despite these challenges, there is also resistance from environmental activists, civil society organizations, and affected communities who demand stronger environmental regulations, legal action against polluters, and the protection of vulnerable communities from the impacts of climate change.

Conclusions and Suggestions

The field of environmental law and the legal response to climate change face significant challenges and resistance in addressing the complex and urgent issue of climate change. Conflicting interests, limited resources, political pressures, and denialism contribute to the obstacles faced in implementing and enforcing environmental regulations.

However, there is also resistance from environmental activists and affected communities who demand stronger legal measures to combat climate change and protect vulnerable populations.

Several suggestions can be considered to overcome these challenges and effectively respond to climate change through environmental law.

There is a need for continued advocacy and awareness-raising to foster public support and political will for stronger environmental regulations. Education and engagement efforts can help shift the narrative and prioritize the importance of climate action.

Through strengthened legal frameworks, enhanced cooperation, and increased public support, environmental law can play a pivotal role in driving meaningful action and shaping a sustainable and resilient future for all.

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Environmental Law and the Legal Response to Climate Change
Kavya Srinivasan

This article we will read about the legal framework for environmental protection in India, exploring the key laws, regulations, and policies that govern environmental conservation. We will also analyse the effectiveness of these measures, assess the challenges faced, and highlight the need for continuous improvement in addressing environmental issues.

By examining the legal framework, we can gain insights into India’s commitment to environmental protection and the ongoing efforts to balance development and sustainability.

India and the Environment

India, a country with diverse ecological systems and a rich natural heritage, recognises the significance of environmental protection in sustaining its ecosystem and ensuring a healthy and sustainable future.

India has established a robust legal framework encompassing various laws, regulations, and policies to safeguard the environment. This legal framework sets forth the rights, responsibilities, and obligations of individuals, businesses, and the government concerning environmental conservation and preservation.

The legal framework for environmental protection in India is multifaceted. It addresses various environmental concerns, including air and water pollution, biodiversity conservation, forest protection, waste management, and climate change mitigation. These laws aim to balance economic development and environmental sustainability, recognising that the two can coexist harmoniously.

India’s legal framework for environmental protection has evolved over time, reflecting the country’s commitment to sustainable development and environmental stewardship.

However, challenges remain regarding enforcement, compliance, and addressing emerging environmental concerns. Efforts are being made to strengthen implementation mechanisms, enhance public participation, and integrate environmental considerations into policymaking and decision-making processes.

Key Laws Related to Environmental Protection in India

India’s legal framework for environmental protection encompasses several key laws and regulations. These laws aim to address various environmental concerns and promote sustainable development. Here are some of the significant laws related to the legal framework for environmental protection in India:

1. Environment Protection Act, 1986

This Act serves as a comprehensive framework for environmental governance in India. It empowers the central government to take measures to protect and improve the environment, control pollution, and promote sustainable development.

2. Wildlife Protection Act, 1972

The Wildlife Protection Act focuses on conserving and protecting wildlife and their habitats. It prohibits hunting, poaching, and trade of endangered species and establishes protected areas such as national parks and wildlife sanctuaries.

3. Water (Prevention and Control of Pollution) Act, 1974

This Act aims to prevent and control water pollution in India. It provides for establishing pollution control boards and lays down regulations for the prevention, control, and reduction of water pollution.

4. Air (Prevention and Control of Pollution) Act, 1981

The Air Act is designed to prevent and control air pollution in India. It empowers the central and state pollution control boards to regulate and enforce measures to prevent, control, and reduce air pollution.

5. Forest (Conservation) Act, 1980

This Act regulates the diversion of forest land for non-forest purposes. It requires the approval of the central government for any project or activity that involves the use of forest land, ensuring the conservation and sustainable management of forests.

6. Environmental Impact Assessment (EIA) Notification, 2006

The EIA notification requires assessing and evaluating the potential environmental impacts of development projects. It mandates submitting an Environmental Impact Assessment report and public consultation for projects with significant environmental implications.

7. National Green Tribunal Act, 2010

The National Green Tribunal (NGT) Act establishes the NGT – a specialised environmental tribunal with the power to hear and adjudicate environmental matters. It provides a forum for the speedy and effective resolution of environmental disputes.

8. Biological Diversity Act, 2002

This Act focuses on the conservation, sustainable use, and equitable sharing of benefits arising from biological resources. It establishes the National Biodiversity Authority and State Biodiversity Boards to regulate access to biological resources and protect traditional knowledge.

These key laws, among others, form India’s legal framework for environmental protection. They provide:

• The foundation for regulating and managing environmental issues.
• Promoting sustainable practices.
• Ensuring the conservation of natural resources and ecosystems.

Regulations and Policies Related to Environmental Protection in India

In addition to the key laws, various regulations and policies support India’s legal framework for environmental protection. These regulations and policies provide guidelines, standards, and procedures for implementing environmental protection measures. Here are some of the notable regulations and policies related to the legal framework for environmental protection in India:

1. Environmental Impact Assessment (EIA) Notification, 2006

The EIA notification, under the Environment Protection Act of 1986, mandates the assessment and evaluation of the potential environmental impacts of development projects. It establishes a process for obtaining environmental clearance by requiring project proponents to submit an Environmental Impact Assessment report and undergo a public consultation process.

2. Solid Waste Management Rules, 2016

These rules provide guidelines for properly managing solid waste in India. They outline procedures for waste segregation, storage, transportation, and disposal. The rules also promote the concept of waste minimisation, recycling, and the establishment of waste management infrastructure.

3. Plastic Waste Management Rules, 2016

The Plastic Waste Management Rules aim to address the growing concern of plastic pollution. They regulate the manufacture, usage, collection, and disposal of plastic waste, promote recycling, and encourage the use of alternative materials.

4. National Forest Policy, 1988

The National Forest Policy serves as a guiding framework for the conservation, management, and sustainable development of forests in India. It emphasises forests’ ecological, economic, and social benefits and promotes community participation in forest management.

5. National Water Policy, 2012

The National Water Policy provides a comprehensive framework for water resource management in India. It emphasises the need for sustainable use, conservation, and efficient management of water resources and promotes the principles of integrated water resource management and community participation.

6. National Mission for Clean Ganga (Namami Gange)

This mission focuses on cleaning and rejuvenating the river Ganga, a sacred and culturally significant river in India. It involves various initiatives to control pollution, promote sewage treatment, restore ecological flow, and raise awareness about the importance of the Ganga River.

These regulations and policies complement the existing laws and contribute to India’s overall legal framework for environmental protection. They guide the implementation of environmental management practices, ensure compliance, and facilitate sustainable development while safeguarding the environment.

Effectiveness of These Laws, Regulations and Policies

The laws, regulations, and policies related to environmental protection in India have significantly addressed environmental concerns and promoted sustainable development. While challenges persist, these measures have contributed to various positive outcomes for environmental protection in the country. Here are some ways in which these laws and policies have helped:

1. Pollution Control

Implementing laws such as the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act has led to the establishment of pollution control boards and the enforcement of pollution control measures. These efforts have reduced water and air pollution in many country areas.

2. Conservation of Biodiversity

The Wildlife Protection Act and the Biological Diversity Act have provided legal mechanisms for conserving wildlife and protecting biodiversity-rich areas. These laws have facilitated the establishment of national parks, wildlife sanctuaries, and protected areas, contributing to the conservation of diverse ecosystems and species.

3. Waste Management

The Solid Waste Management Rules and the Plastic Waste Management Rules have set guidelines and regulations for proper waste management practices. These measures have encouraged waste segregation, recycling, and the establishment of waste management infrastructure, leading to improved waste management practices in several regions.

4. Renewable Energy Promotion

Policies and initiatives such as the National Action Plan on Climate Change and the National Policy on Biofuels have focused on promoting renewable energy sources and reducing greenhouse gas emissions. These efforts have encouraged the adoption of renewable energy technologies, including solar and wind power, and have contributed to a transition towards cleaner energy alternatives.

5. Ecosystem Conservation

The Forest (Conservation) Act and the Coastal Regulation Zone (CRZ) Notification have helped preserve forests and protect coastal areas. These measures have regulated deforestation, mining, and construction in ecologically sensitive areas, safeguarding valuable ecosystems and habitats.

6. Environmental Governance

The Environment Protection Act and the establishment of the National Green Tribunal (NGT) have provided a legal framework for environmental governance and dispute resolution. The NGT has played a crucial role in addressing environmental disputes and ensuring the enforcement of environmental laws.

Challenges Faced During the Promotion of Sustainable Development

The legal framework for environmental protection in India faces several challenges that affect its implementation and effectiveness. These challenges include:

1. Enforcement and Compliance

One of the key challenges is ensuring effective enforcement of environmental laws and regulations. Inadequate resources, manpower, and technical expertise hinder the enforcement agencies’ ability to monitor and take action against violators. Strengthening enforcement mechanisms and improving compliance is crucial for achieving desired environmental outcomes.

2. Capacity Building

Building capacity among regulatory authorities, enforcement agencies, and other stakeholders is essential for effective implementation of environmental laws. This includes providing training, technical expertise, and resources to enhance understanding and enforcement capabilities.

3. Institutional Coordination

Effective coordination and collaboration among different institutions and agencies involved in environmental protection are vital. Lack of coordination and overlapping jurisdictions can lead to gaps in implementation and enforcement. Strengthening institutional coordination and establishing clear roles and responsibilities can improve the overall effectiveness of the legal framework.

4. Public Awareness and Participation

Environmental issues often require public awareness and involvement for successful implementation. Limited awareness among the general public about environmental laws, rights, and responsibilities can hinder their active participation. Promoting public awareness and encouraging participation can help create a culture of environmental responsibility and support for environmental protection initiatives.

5. Judicial Backlog and Delays

The legal system in India faces a significant backlog of cases, which can delay the resolution of environmental disputes. Swift and efficient disposal of environmental cases is crucial for effectively implementing environmental laws. Strengthening judicial capacity, providing specialised courts or tribunals, and adopting alternative dispute resolution mechanisms can help address this challenge.

Conclusion

A comprehensive and integrated approach involving all stakeholders is essential to overcome these challenges and protect India’s environment effectively. By addressing these issues and building a more robust legal framework, India can pave the way for sustainable development, preserving its rich biodiversity and natural resources for future generations. A collective commitment to environmental protection will contribute to a healthier and more sustainable India for years.

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Legal Framework for Environmental Protection in India
Suhani Dhariwal

Environmental laws play the most vital part as safeguards against damages to the environment. They are pivotal for ecological protection. Almost every nation, including the developing ones, has environmental protection laws, but a gap exists between its formulation and implementation. Even after decades, it is still suffering in many parts of the world due to poor execution.

This law article talks about the National Green Tribunal (NGT), its incorporation, composition and more in detail. Have a look.

Institution and Incorporation of NGT

Different countries have globally established a separate green court, green tribunal or environment court to deal with environment-related litigation.

The United Nations Conference on Human Environment addressed the global need for appropriate steps to protect and improve the environment.

The 1st global environment conference had adopted an action plan known as Stockholm Declaration Plan 1972. Indian Parliament amended the Constitution and adopted Article 48A in Directive Principles and passed:

• The Water (Now Prevention and Control of Pollution) Act, 1974
• The Air (Now Prevention and Control of Pollution) Act, 1974
• Environmental Protection Act, 1986

In India, in M.C. Mehta vs Union of India (1987), the Supreme Court observed that an environmental court must be set up for speedy disposal of environmental cases.

In Charan Lal Sahu vs Union of India (1990), the Supreme Court categorically observed that under the existing civil laws, the damage is determined by civil laws after long drawn litigation.

This itself destroys the very purpose of avoiding the damage. In 1992, the 2nd environment-related conference was held in Rio De Janeiro. It emphasised the need for judicial and administrative access to citizens, nation and state. The government of India took the initiative and passed the National Environmental Tribunal Bill in 1995 and established National Environmental Tribunal under this Act. A National Environment Appellate Authority Act was passed in 1997 to apply certain industries operations or processes and to regulate them under Environment Protection Act, 1986.

Determining Cases in the Formation of NGT

Ministry of Environment, Forest and Climate Change, Government of India established the appellate authority to address the environment clearances with four path-breaking judgements by the Supreme Court:

1. M.C. Mehta vs Union of India (AIR 1987 SC 1086)
2. Indian Council For Enviro-Legal Action vs Union of India (AIR 1996 SC 1446)
3. A.P. Pollution Control Board (I) vs Prof. M.V. Nayudu ((1999) 2 SCC 718)
4. A.P. Pollution Control Board (II) vs Prof. M.V. Nayudu ((Appeal (civil) 373 of 1999))

Constitution and Composition of the National Green Tribunal

As of January 2022, India is the 3rd country in the world after New Zealand and Australia that has established an environmental court. India is the pioneer in establishing a green court among the developing countries.

National Green Tribunal (NGT) was established in India in 2010 under Article 21 of the Constitution. The NGT Bill was introduced in Lok Sabha in July 2009. After accepting the 186th report submitted by the National Law Commission, the Bill was passed in June 2010 to constitute a National Green Tribunal, and the government established a tribunal on 18th October 2010.

National Green Tribunal has a principal bench at New Delhi and 4 other benches at Chennai, Bhopal, Pune and Kolkata. It is a federal body with specified judicial functions, i.e., the effective disposal of cases relating to environmental protection, forest conservation, and other resources.

Section 4 of the National Green Tribunal Act, 2010 deals with the composition of the tribunal. Several provisions of the Act are discussed below that explains NGT’s composition:

• Chairperson: Appointed by the central government from the judges of Supreme Court or Chief Justices of High Court in consultation with the Chief Justice of India.
• Members: Sanctioned strength at present is 40. But as of January 2022, only 10 judicial members and 10 experts are appointed.
• Judicial members: Chosen by the selection committee headed by a sitting judge of the Supreme Court.
• Expert members: Chosen from applicants who are either serving or retired bureaucrats, not below the rank of additional secretary at the union level or principal secretary at the state level with a minimum experience of 5 years in dealing with environmental matters.
• Bench: Each bench shall have at least 1 judicial member and 1 expert member.

Procedure to File Complaints With NGT

Tribunal has a simple procedure to file an application seeking compensation for environmental damage.

The tribunal can be approached by any person (advocate not required) seeking relief and/or compensation for damages to the environment. The damages are subject to statutes mentioned under Schedule I of the National Green Tribunal Act, 2010.

Statutes under Schedule I of NGT Act, 2010:

1. The Water (Prevention and Control of Pollution) Act, 1974
2. The Water (Prevention and Control of Pollution) Cess Act, 1977
3. The Forest (Conservation) Act, 1980
4. The Air (Prevention and Control of Pollution) Act, 1981
5. The Environment (Protection) Act, 1986
6. The Public Liability Insurance Act, 1991
7. The Biological Diversity Act, 2002

If a person is not satisfied with the government’s decision, they can file an application before the tribunal against the decision under any of the statutes mentioned above. If no claim for compensation is involved, a fee of Rs. 1000 is to be paid. If compensation is being claimed, the fee will be 1% of the total amount of compensation subject to a minimum of Rs. 1000.

Adjudication by Tribunal

The tribunal has jurisdiction over all the civil cases related to the environment.

The tribunal has the authority to provide relief and compensation to the pollution victim and other environmental damages, including accidents involving hazardous substances.

According to section 21 of the National Green Tribunal Act, 2010, the decision of the tribunal is taken by the opinion of the majority. If the opinion is equally divided even after hearing in the presence of the chairperson, the case may be referred to other members of the tribunal for re-hearing.

The decisions of the tribunal (same meaning as “court” under CPC) are binding. The tribunal can give punishment of up to 3 years of jail and a fine of up to Rs 10 crores. An additional fine of Rs 25000 per day may be imposed if any individual is involved in an environmental damage activity. In the case of a company, the fine can be up to Rs 25 crores, and an additional fine may be imposed of Rs 1 lakh per day.

The right to appeal to the Supreme Court lies within 90 days of the tribunal’s award. However, the Supreme Court may entertain the appeal even after 90 days if the aggrieved person can reasonably satisfy the Supreme Court.

National Green Tribunal in the News Recently

In 2020, the draft Environment Impact Assessment (EIA) notification was published, and instead of focussing on safeguarding the environment, the focus had shifted to ease of doing business.

Ossie Fernandes vs the Ministry of Environment and Forest

For example, the EIA draft 2020 is ultra vires the guidelines laid by NGT on public consultation in Ossie Fernandes vs the Ministry of Environment and Forest (Appeal No. 12/2011). As per the Ministry of Environment, Forest and Climate Change, there were approximately 17 lakhs comments and suggestions over the draft EIA when public opinion was asked for the same.

Citizens for Green Doon vs Union of India, Ministry of Road, Transport and Highways

An application was filed in February 2018 by Citizens for Green Doon against the Char Dham Yatra project. NGT passed an order to constitute an ‘oversight committee’ and observed that environment clearance was not required for the project since the length of each project was less than 100 km.

This order was appealed in the Supreme Court. The Supreme Court on 8th August 2019 in Citizens for Green Doon vs Union of India, Ministry of Road, Transport and Highways (Civil Appeal No 10930 of 2018) modified the order of the NGT and constituted a High Powered Committee (HPC) headed by Prof. Ravi Chopra and directed to prepare and submit its report/recommendations within 4 months from the date of order.

Justice D.Y. Chandrachud, in Citizens for Green Doon vs Union of India on 14 December 2021, issued directions and observed that the approval is conditional upon the fulfilment of conditions by the HPC.

Conclusion

Since its inception in October 2010, the National Green Tribunal has been successful in upholding its mandate. It is acting as a fast-track court for speedy and effective disposal of cases related to environmental protection and conservation.

So far, 36356 cases have been instituted, and only 2404 cases are pending before the National Green Tribunal. The tribunal is taking suo-moto cognisance, and many environmentalists and RTI activists are filing cases before the tribunal.

At times, the tribunal has a conflict of opinion with other courts of the country but tries to resolve the problems with an innovative approach.

India ranked 177 out of 180 countries in the Environment Performance Index 2020 report prepared by Yale Center for Environment Law and Policy, Yale University.

Environmental activists hope that the tribunal will continue to address these problems and be equipped with all the resources required for its effective functioning.

The tribunal should play a significant role in the context of proposed reforms regarding the structure of environmental governance. The tribunal should be active in deciding the environmental clearance to projects related to development.

The consistency of the tribunal can determine the improvement of the position of Indian environmental health on a global stage.

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What Is the National Green Tribunal – Explained
Prashant Pratyay

Abstract

This paper builds insights into the relationship between human activities and impact on ecological and sociological human systems, both during the rejuvenation of the biosphere during the pandemic and possible future degrading pathways as economic activities rally, and to further intensify the strengthening of the environmental laws both globally and domestically.

The novel coronavirus disease (COVID-19) was declared a pandemic in March 2020. Its discernible consequences on public health make it a once-in-a-century global disaster.

This essay further dives into the positive impacts of enhanced air/water quality and negative impacts as depletion in the labour force caused by the pandemic and the resultant unemployment that has led to socio-economic imbalances, thereby affecting the basic functioning of society.

Many experts link pandemic prevention with environmental policy. Also, a pandemic is much more than a mere health crisis. It is also an unprecedented socio-economic-environmental crisis stressing each country it touches. It is predicted that there will be drastic behavioural changes in society in the aftermath of COVID-19.

This essay concludes with deciphering changes and recommends the outline modalities that would merit consideration in formulating more robust environmental policies through the lens of environmental laws and cases.

Introduction

“The earth, the air, the land and the water are not an inheritance from our forefathers but on loan from our children. So we have to hand over to them at least as it was handed over to us.” –Mahatma Gandhi

Our surroundings, which consists of air, water, and land and can sustain animals and plants’ lives, are known as the environment. It can also be seen as a blanket that nurtures the lives of billions of species and keeps them unharmed. Moreover, a healthy and conducive environment is essential for the sustenance of flora & fauna.

Over the years, the ill-usage and depletion of natural resources in the name of development has suffocated the environment. The quality of natural water and air has reached threatening levels.

The world at large has been infected today by the novel coronavirus disease (COVID-19) spread by a virus named “Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2)“. The disease was declared a pandemic in March 2020, and since its emergence in China, it has spread over to more than 200 countries globally and has caused over 655,112 deaths worldwide till July 30 2020.

Most countries responded by social distancing measures by imposing strict lockdowns and severely diminishing economic and other activities. This gave sufficient time to the stakeholders, especially the citizens, to consider and contemplate the environmental degradation done over the years.

The pandemic has made it quite obvious for us to notice the damage we did to our ecosystem and instil a sense of need to revamp our attitude towards the environment.

Though there is a temporary improvement in the Air Quality Index and Water Quality Index at many places, there is an enormous increase in the percentage of the medical and plastic waste generated and shoreline pollution due to the disposal of sanitary consumables during the same period.

Arguably, the effects of COVID-19 are determined mainly by anthropogenic (originating in human activities) factors, which are becoming evident as human activity has diminished and is diminishing across the planet. The impacts of the same on cities and public health will be continued in the coming years through behavioural changes.

One must admit that the need of the hour is conscientious interaction with our environment and ecology to avoid further environmental regression.

COVID’s Positive Impacts on the Environment

The global disruptions caused by coronavirus disease have numerous impacts on the environment. The considerable decline in human activities such as travel and shutting down of industries have resulted in many regions experiencing a significant drop in air pollution along with a visible sky.

It has pushed governments across the globe for climate-friendly spending of funds and resources. The Centre for Research on Energy and Clean Air reported that methods adopted to contain the spread of coronavirus have resulted in a 25% reduction of carbon emission in China.

Ever since the travel ban was imposed in many parts of the world, there has been a sharp decline in toxic gases such as SOx and NOx. NO2 is a harmful gas and, when it comes in contact with moisture, forms dangerous NO3.

Since the industrialisation process began in India, greenhouse gases, particulate matter (especially PM2.5), and other toxic gases have significantly reduced.

Apart from these, we could witness wildlife reclaiming their spaces where they would not dare go due to fear of human interference. From India and Thailand to Florida, rare turtles were spotted nesting and hatching at the sea beaches. These beaches had been deserted by visitors and tourists due to imposed travel restrictions.

Countries like Germany may also be able to attain their climate goals as the economic production of CO2 has almost halted.

However, all of this is at the cost of a subject worth reconsideration.

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COVID’s Negative Impacts on the Environment

The depletion in the labour force caused by the pandemic and the resultant unemployment has led to socio-economic imbalances, thereby affecting the basic functioning of society, including but not limited to waste management, sanitation and the plight of the agriculturists.

The Supreme Court of India took suo moto cognisance of the plight of migrant workers upon constant and severe criticism by several activists when the legislative pillar failed indecisively in addressing the situation, and the migrants had to walk back home covering more than 1000 kilometres on foot during the pandemic.

The COVID-19 pandemic and the resulting lockdown has led to a considerable rise in plastic wastes. According to the Thailand Environment Institute, the average plastic waste increased from 2,120 tons a day in 2019 to approximately 3,440 tons a day between January and April 2020 in Thailand.

Furthermore, the medical waste in the Hubei Province of China has created a 600% increase in medical waste (from 40 to 240 tons per day) in response to the pandemic.

All these data represented above show the paradigm shift in the way pollution is created.

Moreover, industries and factories have been shut. Agriculturists have lost their livelihood and are forced to dump their extra produce much below the production rate.

Domestic violence cases are at an all-time rise, and people’s mental health has taken a toll.

Let alone the greenhouse gases; it is predicted that in the aftermath of COVID-19, there would be drastic behavioural changes in society.

There is a grossly inadequate level of infrastructural support for adhering to desired behaviours, myths and cultural practices. The leadership at many levels remains a barrier rather than the thrust for change. Some essential cultural practices like the nuptial ceremonies, cremation or burial rituals of washing bodies embedded within local cultures for centuries have been labelled as risk behaviours. They are either stopped or allowed with minimal gathering as prevention and containment measures are put to priority.

Hence, the need to interpret these changes and formulate a policy towards incorporating these changes and adopting green recovery methods is much needed when the restrictions are being eased throughout the world.

Environmental Policy: Analysis and Recommendation

Some significant challenges that this pandemic has put across society are:

• Biodegradable waste disposal.
• Decongestion of metro cities as a step towards preparedness for future pandemics.
• Environmental jurisprudence with a focus on green economy rehabilitation.
• Changes in lifestyle incorporating compassion.
• Holistic development that is health and climate centric instead of economy centric.
• Initiation of advanced climate action programs.

We have various laws and compliance machinery designed to protect the environment with deterrent principles incorporated as well as actions and penalties predefined when some harm is inflicted on the environment.

Stockholm Declaration (1972)

The pith of the principles eulogised in the Stockholm Declaration recognises the inalienable nature of the man’s right to a conducive environment for his growth and the growth of his future generations. To enforce the principles of the Stockholm Declaration of which India was a signatory, The Environment Protection Act, 1986 was enacted and through the Act’s conduit, the sub-rules and notifications have been published. The very man for whose benefit the array of legislations exist has a right to know what would affect the environment in and around him.

The United Nations Framework Convention on Climate Change (1992)

The United Nations Framework Convention on Climate Change (UNFCCC) was adopted and signed in 1992 in Rio de Janeiro. It came to be known as the Rio Declaration and subsequently reaffirms the principles laid down in 1972 in Stockholm. It emphasised the vitality of women and youth participation in environmental management and laid that their full participation and cooperation are essential to sustainable development in the principles laid down.

In 2015, another agreement under UNFCCC was adopted to deal with the greenhouse-gas-emission mitigation, adaptation and finance in Paris, France. One hundred eighty-nine countries have signed the Paris Agreement as of February 2020. The most crucial objective was to keep the global average temperature rise this century well below 2 degrees Celsius above pre-industrial levels.

National Green Tribunal Act (2010)

In India, National Green Tribunal (NGT) was set up per the National Green Tribunal Act, 2010 to handle the expeditious disposal of the cases related to environmental issues. India became the third country globally, only after Australia and New Zealand, to set up a specialised environmental tribunal.

The NGT deals with civil cases under different laws concerned with the environment, including The Water (Prevention and Control of Pollution) Act, The Forest (Conservation) Act, The Air (Prevention and Control of Pollution) Act and The Environment (Protection) Act, 1986.

Following its inception, 33619 cases have been disposed of by the NGT up to September 2021 in various environmental matters across the nation.

Article 51A(g) of the Indian Constitution

The duty to protect and improve the natural environment and have compassion for living creatures has been enshrined in the Constitution of India under Article 51A(g).

The High Court of Rajasthan in LK Koolwal vs State of Rajasthan examined the scope and extent of Article 51A(g). Under the Rajasthan Municipalities Act, 1959, the Municipal Authority has primary duty “to clean public streets, sewers and all spaces and places, not being private property, which are open to the enjoyment of public, removing of noxious (poisonous) vegetation and all public nuisances and to remove filth, rubbish, night soil, odour or any other noxious or offensive matter.”

The High Court, while pronouncing the judgment, dictated the true scope of Article 51A in the following term:

“We can call Article 51A ordinarily as the duty of the citizens. But in fact, it is the right of the citizens as it creates the right in favour of citizens to move to the court to see that the State performs its duties sincerely and the mandatory and primary duties are performed in accordance with the rule of the land.”

Conclusion

Informed and responsible citizenry is the stepping stone in the rejuvenation of the environment. Sustainable development is the core idea in modern times to protect and preserve the environment and keep up the pace of development goals.

Though the loss of lives due to any pandemic causes substantial irrevocable damage to society, we need to learn from our mistakes and adopt a preventive principle to check against future hazards.

Apart from disrupting lives and livelihood, COVID-19 has severely bent the curve of the global economy towards a flat note.

Temporary benefits have been achieved because of restricting impositions during the pandemic, but it is slowly fading away, and the pollution levels are reverting to their previous levels.

Froth can be again seen in the Yamuna river in Delhi.

Many corporations have decided to grant their employees “work from home” forever, but the same cannot be for everyone.

Inequity leads to inequality, and low-income areas have invariably higher air pollution that would, in turn, imply higher transmission rates of epidemic and pandemic diseases.

As per the latest report on “COVID-19 in an urban world” by the United Nations, coronavirus starts from big cities and falls to lower cities.

It has also been found that environmental pollution leads to a decline in cognitive ability. Therefore, it can be established that health and pollution are co-related.

The Government of India has brought out the Environment Impact Assessment Draft Notification, 2020 at this time with the main focus on ease of doing business rather than environment conservation which will escalate the most pressing challenges of humanity at this dearth hour.

Environment activists and civil societies have suggested revaluation of the draft. They have pointed out several fallacies in their letter to the Ministry of Environment Forest and Climate Change, suggesting it as weakening, non-transparent and destructive. The period for public hearing and consultation has been truncated. It goes against the 10th principle laid down in the Rio Declaration, to which India is a signatory.

Principle 10 of the Rio Declaration:

“Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.”

The draft has several contentions such as ex-post-facto clearances, the inclusion of strategic considerations and the Environment Impact Assessment prepared by the project proponent themselves.

Policies like such undo the years of change and progress that have been achieved through unforgettable struggles. Instead, laws should be progressive and visionary; this draft has departed farther towards degradation from its 2006 predecessor.

Time and again, the need for a better policy has been emphasised to keep pollution in check. The need has arisen at its zenith when the unlock process unfolds in different parts of the world. We need rules to manoeuvre this process.

Along with stringent action under the laws in all such cases of violations, a simultaneous effort is required to be made at two different levels:
By the legislature to strengthen environmental laws and public consultation in implementing the same.
By environmental literacy programs by various organisations to educate the public on environment and wildlife compassion.

Way Forward

“Development issues cannot be contained within national boundaries.” –Medha Patkar, Indian Social Activist and Social Reformer

We have to admit that an autonomous body like the Environmental Protection Authority should be set up to keep the pollution in check, which works in furtherance to our climate goals. The body should consist of independent and loyal experts to environmental jurisprudence and not be biased towards any other organisations or political parties.

A strict correctional mechanism should be embossed in terms of violations of environmental laws.

The dichotomy of the yawning gap between the aspirations of the people and the clandestine performance of different organs of the government should be changed conscientiously for the betterment of society and the environment at large.

The world requires a significant paradigm shift that should favour sustainable development and a dignified environment to live in.

Several declarations have been signed and ratified in favour of mass public participation, especially the women and youths, but the same has been far from being realised.

The policy of “Local knows the best” has been cornered for a long time. The time has come when “Janta Sunwai” should be cemented deep in matters concerning policy formulation on the environment front.

Environment justice and environment jurisprudence is the core value of our Constitution, and it needs to be strengthened.

Prevent first, deter best and punish later should be incorporated to march towards green economic recovery while moving forward to stabilise the withering economy.

A responsible, informed, and compassionate citizenry is the stepping stone to protecting our environment.

There has been enough talk of Vasudhaiva Kutumbakam, which means the earth is one family, and the time has come for it to be aggressively implemented.

Read Next:

• Legal Framework for Environmental Protection in India
• What Are the Laws on Protecting Trees in India?
• What Is Vehicle Scrapping Policy and Its Procedure?

Positive and Negative Impacts of COVID on Environment
Prashant Pratyay

The Ministry for Road Transport & Highways introduced a vehicle scrappage policy in 2021, which states that a commercial vehicle or a private vehicle is required to pass a fitness test if 15 years have passed from the date of registration of the vehicle.

If the fitness test comes negative, the vehicle is required to be dismantled by a government registered vehicle scrappage dealer. This policy was introduced to reduce pollution in the environment.

Suppose your car has expired 15 years of tenure. In that case, you can approach an authorised car scarp dealer who will then evaluate your car, perform a fitness test and if the dealer thinks that the car is eligible for scrapping, he will provide you will a letter stating the car is eligible for scrapping.

After this, the car scarp dealer will segregate the car’s metal, rubber, and plastic parts and quote a price. Once the car owner gives his approval, the car is dismantled, and the chassis number is cut out, and the owner is asked to take a picture of the dismantled car.

The owner can then, as per the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, get the car deregistered from the Regional Transport Office by submitting an application along with surrendering the Registration Certificate (RC) and the chassis number, which was cut out from the car by the scrap dealer during dismantling.

Also, the car owner is required to submit a photograph of the dismantled car and an affidavit stating that the car is not under any loan, insurance claims, is not involved in criminal activity and do not have any pending litigation cases. The insurance company should also be informed about the scrapping.

After performing the steps mentioned above, RTO verifies all the documents submitted and a no-objection certificate is issued by the police and National Crime Records Bureau. Then the RTO deregisters the vehicle.

Read Next:
1. Positive and Negative Impacts of COVID on Environment
2. What Are the Laws on Protecting Trees in India?
3. The Environment Protection Act

What Is Vehicle Scrapping Policy and Its Procedure?
Ankita Trivedi

In our Indian history, various movements have been organised by people to protect trees in forests, like the Chipko Movement. This movement involved villagers surrounding the trees and hugging them, preventing others from cutting trees. This movement spread awareness about environmental preservation and encouraging forestation.

There are many laws, rules and regulations formed to protect trees. Indian Forest Act, 1927 was introduced in India for the management and preservation of forest areas. If any person cuts down a tree due to any reason, without taking permission from the forest department, in that case, the accused shall be punished with a fine of Rs. 10,000 or three months imprisonment.

Suppose a person wants to cut down a tree. In that case, the applicant must submit an application to the Forest Department office stating the problem you are facing with your ownership certificate and a photograph of the tree obstructing or creating a threat. After receiving the application, the forest officer shall carry site inspection and may provide clearance to the forest department. After receiving the clearance from the forest department, the applicant is free to cut the tree.

The fine imposed for cutting a tree without any permission by the District Forest Officer depends on the value of the tree, which depends on the tree’s age.

The Forest Conservation Act, 1980 was also introduced to conserve forests and matters related to them. The Act protects forests, biodiversity, natural resources and heritage. This Act permits only unavoidable use of forest land for development purposes.

The Wildlife Protection Act, 1972 protects tree species and makes hunting and collecting such trees a criminal offence. The National Tiger Conservation Authority and the Tiger and Other Endangered Species Crime Control Bureau (Wildlife Crime Control Bureau) are formed to see the implementation of the provisions made under the Act.

Read Next:
1. Environmental Law and the Legal Response to Climate Change
2. What Is Vehicle Scrapping Policy and Its Procedure?
3. The Environment Protection Act
4. What Is National Biological Authority and Its Powers and Functions?

What Are the Laws on Protecting Trees in India?
Ankita Trivedi

ENVIRONMENT PROTECTION ACT, 1986 BARE ACT

An Act to provide for the protection and improvement of environment and for matters connected there with:
WHEREAS the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment;
AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;
BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows-

CHAPTER I – PRELIMINARY

1. SHORT TITLE, EXTEND AND COMMENCEMENT.

(1) This Act may be called the Environment (Protection) Act, 1986.

DOWNLOAD PDF FOR ENVIRONMENT PROTECTION ACT, 1986

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

2. DEFINITIONS.

In this Act, unless the context otherwise requires,

(a) “environment” includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;

(b) “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

(c) “environmental pollution” means the presence in the environment of any environmental pollutant;

(d) “handling“, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;

(e) “hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;

(f) “occupier“, in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance;

(g) “prescribed” means prescribed by rules made under this Act.

CHAPTER II – GENERAL POWERS OF THE CENTRAL GOVERNMENT

3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT.

(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.

(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely-
(i) co-ordination of actions by the State Governments, officers and other authorities-
(a) under this Act, or the rules made thereunder, or
(b) under any other law for the time being in force which is relatable to the objects of this Act;

(ii) planning and execution of a 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 emission or discharge of environmental pollutants from various sources whatsoever:
Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

(vii) laying down procedures and safeguards for the handling of hazardous substances;

(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;

(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;

(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

(xii) collection and dissemination of information in respect of matters relating to environmental pollution;

(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5 of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS.

(1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit.

(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority or officer.

5. POWER TO GIVE DIRECTIONS.

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

Explanation- For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.

6. RULES TO REGULATE ENVIRONMENTAL POLLUTION.

(1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely-
(a) the standards of quality of air, water or soil for various areas and purposes;

(b) the maximum allowable 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 the carrying on process and operations in different areas;

(f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.

CHAPTER III – PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION

7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC, NOT TO ALLOW EMISSION OR DISCHARGE OF ENVIRONMENTAL POLLUTANTS IN EXCESS OF THE STANDARDS.

No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.

8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH PROCEDURAL SAFEGUARDS.

No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES IN CERTAIN CASES.

(1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith-
(a) intimate the fact of such occurrence or apprehension of such occurrence; and
(b) be bound, if called upon, to render all assistance,
to such authorities or agencies as may be prescribed.

(2) On receipt of information with respect to the fact or apprehension on any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as necessary to prevent or mitigate the environmental pollution.

(3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.

10. POWERS OF ENTRY AND INSPECTION.

(1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place-
(a) for the purpose of performing any of the functions of the Central Government entrusted to him;

(b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with;

(c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution.

(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act.

(3) If any person wilfully delays or obstructs any persons empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State of Jammu and Kashmir, or an area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizures under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or as the case may be, under the corresponding provision of the said law.

11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN CONNECTION THEREWITH.

(1) The Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed.

(2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.

(3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall-
(a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed;

(b) in the presence of the occupier of his agent or person, collect a sample for analysis;

(c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person;

(d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12.

(4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,

(a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and

(b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section 12 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.

12.ENVIRONMENTAL LABORATORIES.

(1) The Central Government may, by notification in the Official Gazette,
(a) establish one or more environmental laboratories;

(b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act.

(2) The Central Government may, by notification in the Official Gazette, make rules specifying-
(a) the functions of the environmental laboratory;

(b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report;

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

13. GOVERNMENT ANALYSTS.

The Central Government may by notification in the Official Gazette, appoint or recognise such persons as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12.

14. REPORTS OF GOVERNMENT ANALYSTS.

Any document purporting to be a report signed by a Government analyst may be used as evidence of the facts stated therein in any proceeding under this Act.

15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS.

(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

16. OFFENCES BY COMPANIES.

(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation-
For the purpose of this section,
(a) “company” means any body corporate and includes a firm or other association of individuals;
(b) “director“, in relation to a firm, means a partner in the firm.

17. OFFENCES BY GOVERNMENT DEPARTMENTS.

(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

CHAPTER IV – MISCELLANEOUS

18. PROTECTION OF ACTION TAKEN IN GOOD FAITH.

No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.

19. COGNIZANCE OF OFFENCES.

No court shall take cognizance of any offence under this Act except on a complaint made by-
(a) the Central Government or any authority or officer authorised in this behalf by that Government, or

(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.

20. INFORMATION, REPORTS OR RETURNS.

The Central Government may, in relation to its function under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so.

21. MEMBERS, OFFICERS AND EMPLOYEES OF THE AUTHORITY CONSTITUTED UNDER SECTION 3 TO BE PUBLIC SERVANTS.

All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

22. BAR OF JURISDICTION.

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.

23. POWERS TO DELEGATE.

Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notifications, such of its powers and functions under this Act [except the powers to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority.

24. EFFECT OF OTHER LAWS.

(1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act.

(2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.

25. POWER TO MAKE RULES.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely-

(a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7;

(b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or caused to be handled under section 8;

(c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9;

(d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11;

(e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub section (3) of section 11;

(f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12;

(g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13;

(h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19;

(i) the authority of officer to whom any reports, returns, statistics, accounts and other information shall be furnished under section 20;

(j) any other matter which is required to be, or may be, prescribed.

26. RULES MADE UNDER THIS ACT TO BE LAID BEFORE PARLIAMENT.

Every rule made under this Act shall be laid, as soon as may be after it is made, before each Hose of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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Environment Protection Act, 1986
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