Environmental Laws

Environmental Protection is a fundamental duty of every citizen of this country. The Indian Constitution makes provisions for environment protection under the following articles:

Article 51-A (g) – Fundamental Duties – states “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.”

Article 48-A – Directive Principles of State Policy – states that “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”

Article 21 – Fundamental Rights – “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This article does not directly provide for environmental protection but interpretation of the word “life” by the Supreme Court and various High Courts includes a living environment congenial to human existence.

Definition of ‘Environment’ in India – According to Section 2(a) of the Environment Protection Act, 1986, ‘Environment’ includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro organisms  and property.

 

The two key policies relating to environment protection in India are:

  1. The National Forest Policy, 1988.
  2. The National Environment Policy, 2006.

Different statutes/legislation enacted in India exclusively for environment protection:

  1. The Water (Prevention and Control of  Pollution) Act, 1974 amended in 1988
  2. The Water (Prevention and Control of  Pollution) Rules, 1975
  3. Central Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) Rules, 1975 amended 1976
  4. The Water (Prevention and Control of  Pollution) Cess Act, 1977 amended 2003
  5. The Water (Prevention and Control of  Pollution) Cess Rules, 1978
  6. The  Air ( Prevention and Control of  Pollution) Act, 1981 amended 1987
  7. The  Air ( Prevention and Control of  Pollution) Rules, 1982
  8. The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
  9. The Environment (Protection) Act, 1986 amended in 1991
  10. The Environment (Protection) Rules, 1986
  11. Environment (Siting for Industrial Projects) Rules, 1999.
  12. The Public Liability Insurance Act, 1991, amended 1992
  13. The Public Liability Insurance Rules, 1991, amended 1993
  14. Hazardous Wastes (Management and Handling) Rules, 1989
  15. Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
  16. The National Environment Appellate Authority Act, 1997
  17. The National Environment Tribunal Act, 1995.
  18. The Indian Forest Act, 1927.
  19. The Forest (Conservation) Act, 1980 amended 1988.
  20. Forest (Conservation) Rules, 2003.
  21. The Forest (Conservation) Rules, 1981 amended 1992
  22. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006,
  23. State/Union Territory Minor Forest Produce (Ownership of Forest Dependent Community) Act, 2005 – Draft
  24. The Wild Life (Protection) Amendment Act, 2002.
  25. The Wildlife Protection Act, 1972 amended in 1993.
  26. Recognition of Zoo Rules, 2009.
  27. The National Board for Wild Life Rules, 2003.
  28. The Declaration of Wild Life Stock Rules, 2003.
  29. The Wildlife (Specified Plant Stock Declaration) Central Rules, 1995.
  30. The Wildlife (Specified Plants – Conditions for Possession by Licensee) Rules, 1995.
  31. The Wildlife (Protection) Rules, 1995.
  32. The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983.
  33. The Wildlife (Transactions and Taxidermy) Rules, 1973
  34. The Wildlife (Stock Declaration) Central Rules, 1973
  35. The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983
  36. The Wildlife (Protection) Rules, 1995
  37. The Wildlife (Specified Plants- Conditions for Possession by Licensee) Rules, 1995
  38. The Prevention of Cruelty to Animals Act, 1960.
  39. The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
  40. The Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968.
  41. The Prevention of Cruelty (Capture of Animals) Rules, 1972.
  42. The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978
  43. The Performing Animals Rules, 1973.
  44. The Transport of Animals Rules, 1978.

(i) The Transport of Animals (Amendment) Rules, 2001.

  1. The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978.
  2. The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998
  3. The Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998.
  4. The Animal Birth Control (Dogs) Rules, 2001.
  5. The Performing Animals (Registration) Rules, 2001.

(i)The Performing Animals (Registration) Amendment Rules, 2001.

  1. The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
  2. The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
  3. The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.
  4. The Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001
  5. Breeding of and Experiments on Animals (Control and Supervision ) Amendment Rules, 2006
  6. Breeding of and Experiments on Animals (Control and Supervision) Amendment Rules, 2005.
  7. Biological Diversity Act, 2002.
  8. Biological Diversity Rules, 2004.

 

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