"Earth provides enough to satisfy every man's needs, but not every man's greed".-Mohandas Karamchand Gandhi

Protection of environment is one of the major concerned and evolving issues of the modern world. Existence of healthy environment indicates existence of human lives on earth. But as the society has developed and shifted its course of action from agrarian economy to industrialization, it started to adversely impact the environment prompting excessive pressure to strike a balance between development and sustainability.

Now the situation has arrived where environment needs to be conserved and protected from the harmful effects of modernization to ensure a sustainable co-existence of both nature and human beings. This article tends to focus into the legislative framework for environmental protection in India, highlighting the primary laws, rules, regulations, and policies that have been adopted to conserve the environment. It also points out some of the challenges and provides few solutions for better implementation of laws and protection of environment.

Introduction:
Environment means sum total of all living and non-living elements and their effects that influence human life. It is basically an atmosphere that includes both living and non-living organisms which indicates the existence and supports the lives on the planet. All living or biotic elements comprises of animals, plants, forests, fishes, and birds etc. and non-living or abiotic elements comprises of water, sunlight, rocks, and air etc. Nature and lives on earth are both complementary to each other, one cannot survive without the support of the other.

But, however as the society has advanced from agrarian to industrial and the economy started to grow, environment got adversely impacted by various ways by this course of shift. Protection of environment has become a most heated and concerned subject of this era. Over the years together with a spreading awareness of environmental protection, the age-old perception that there is a trade-off between environmental quality and economic growth has changed, people have come to admit that both are necessarily important and complementary to each other.

One cannot be neglected for the sake of the other, as the two mark and developed and healthy society for lives to survive. This has sparked the need for conservation and sustainable use of natural resources in tandem with the evolution of industrial and developmental structure of the society; also, the laws, policies and frameworks are developed keeping in mind both environmental protection and economic growth.

There were several environmental legislations existed even before India's independence in 1947, but a detailed, well-developed and organized framework for environmental protection came only after UN Conference on Human Environment in Stockholm, in 1972. The Stockholm conference is said to be the landmark in spawning India's attempt to maintain and protect its environment.

This conference is of great significance to India as it expressed the policy concerns over environmental protection of our country, as a member state, and at the same time, influenced the process of environmental management in the years to come. Under the effect of this conference, the National Council for Environmental Policy and planning was established within the Department of Science and Technology in 1972.

This was established to set up a regulatory body for looking into environment related issues and concerns. Later this council converted into Ministry of Environment and Forests (MoEF) in 1985, which is the apex administrative body in India for the regulation and protection of environment. Presently, more or less, there are 200 legislations in India dealing with environment related issues and ensuring its protection.

Provisions for Protection of Environment under Constitution of India:

Earlier, there was no definite provisions for environmental protection under Constitution of India though it was incorporated in the Preamble and Directive Principles of State Policy (DPSP). Later on, the state realized its responsibility towards protection of environment and furnishing a healthy environment to its citizens.

The state also realized the rights and duties of the citizens towards the protection of environment, the idea of environmental rights in (Fundamental Rights) and obligations in (Fundamental Duties) have been incorporated in Indian Constitution. At present, the constitutional provision is that the environment must be protected and sustained and every citizen has a right to live in a healthy environment, and is also obliged to protect and sustain the resources of environment for its own and for generations to come. Enshrined Provisions for environmental protection in Constitution are: -

Directive Principles of State Policy (DPSP):

Part IV of Indian Constitution provides for Directive Principle of State Policy.

• Article 47: Article 47 of DPSP defines the state's responsibility to improve public health, increase the standard of living, and raise the nutrition levels of its citizens. To accomplish these constitutional goals, the state should work towards dispensing a pollution-free environment and promoting sustainability of the environment.
   
• Article 48-A: Article 48-A of the Indian Constitution is a Directive Principle that requires the state to maintain and improve the environment and wildlife of the country. This provision was added by the 42nd Amendment Act in 1976. In the case of Sher Singh v. Himachal Pradesh, 2023, it was determined that residents of the nation had a basic right to a healthy, clean, and safe environment.
   
• Fundamental Duties: Along with the state, the citizens of the country also have some duties towards the protection of the environment.
   
• Article 51-A (g): This article addresses the fundamental duty of a citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures. Along with the right to live in a pollution-free environment and utilize its natural resources, we also have a responsibility to protect and preserve the natural environment and to leave behind a safe and healthy environment for generations to come.

Fundamental Rights:

Part III of the constitution provides that right to clean and safe environment which is a fundamental right of every citizen of India as established by legislation under Articles 14,19,21, 32, and 226.

• Article 14: Article 14 states that, "the State shall not deny to any person equality before law or equal protection of laws within the territory of India". According to this article, any action of the state while dealing with environmental issues should not infringe on the provision of the right to equality. This article is generally resorted to in urban development where permission for construction is granted by authorities without keeping in mind the public interest and environmental impacts.
   
• Article 19(1)(a): This article guarantees citizens the right to freedom of speech and expression. It has played a pivotal role in shaping public opinion and spreading awareness about various issues, one of which is the environment. Article 19(1)(a) also includes freedom of the press, which also plays an important role in creating awareness and concern among people regarding various issues.
  
  However, in the case of PA Jacob v. The Superintendent of Police Kottayam, AIR 1993, the Kerala High Court held that the right to free speech and expression does not include the right to use loudspeakers or sound amplifiers to spread awareness and ideas among the public. Thus, noise pollution created by loudspeakers and amplifiers can be controlled under Article 19(1)(a) of the Indian Constitution. It is a restriction on the fundamental right to free speech and expression. The court also ruled that the petitioner can use a loudspeaker but in a reasonable manner, i.e.; within a necessary range.
   
• Article 19(1)(g): According to this article, all citizens have the right to practice any profession, occupation, trade, or business without any restriction. However, this right is subject to certain reasonable restrictions under Article 19(6) of the Constitution in the "interest of the general public", and citizens are not allowed to engage in professions or activities that pose a threat to a healthy environment.
   
• Article 21: Article 21 provides that no person shall be deprived of his life and personal liberty except according to procedure established by law. The judiciary, through its interpretation, has tended to widen the scope of this article by incorporating the right to a healthy environment by considering it to be an intrinsic part of the right to life and personal liberty. In the Dehradun Quarrying case of 1988, the Supreme Court declared that a healthy environment is a natural outcome of Article 21.
   
• Article 32 & 226: Article 32 & 226 provide citizens with the right to move to the Supreme Court or High Court, respectively, in case their fundamental rights get infringed. These are called rights to constitutional remedies. They allow a party to file a writ application or PIL (Public Interest Litigation) against any public issue where their fundamental rights get infringed. Most environmental pollution and ecological imbalance cases were registered through PILs under these provisions. Various PILs were filed with the Supreme Court of India challenging actions that pose threats or harm the environment. MC Mehta v. Union of India, AIR 1986, is a landmark Public Interest Litigation filed for environmental protection. This case was registered by environmentalist MC Mehta. Through this case, the principle of absolute liability was established for industries that work with hazardous materials to be absolutely responsible for any casualties caused through their work.
   
• Article 253: It states that, "Parliament has the power to make any law for the whole or any part of the country for executing any treaty, agreement, or convention with any other country". It means that Parliament has the authority and power to pass any laws relating to environmental protection.

Significant Laws for Environmental Protection in India:

The Ministry of Environment, Forest and Climate Change (MoEF&CC), is the apex administrative body in the country for regulating and ensuring conservation and protection of environment and lays down rules and regulations for the same. Here are some of the prominent laws related to environmental protection in India.

• Wildlife (Protection) Act, 1972: Wildlife (Protection) Act, 1972 is one of the most crucial laws of the land. This act focuses on the protection and preservation of wildlife in India and to protect them against extinction. Its primary objective is to tackle the problem of illegal hunting, poaching, and trade of wildlife species while preserving their natural habitat. This Act helps to keep our ecosystem balanced by addressing issues that tend to threaten the existence of wildlife and ensuring their survival for future generations.
   
• Water (Prevention and Control of Pollution) Act, 1974 (Water Act): Water (Prevention and Control of Pollution) Act 1974 is one of the major laws in relation to environmental protection. This act aims to prevent and control water pollution and to restore the wholesomeness of water in the country. Water Act of 1974 was mainly formulated to prevent water pollution created by industrial, agricultural, and household wastes which can contaminate the water destroying the overall health condition. This act establishes the Central and State Board for Prevention and curtailment of Water Pollution, these Boards are responsible for implementing the provisions of this act and laying down effluent and sewage standards and treatment standards for industries. This act also provides punishments such as imprisonment or monetary fines in case of failure to comply with the provisions of this act.
   
• Forest (Conservation) Act, 1980: The Forest Conservation Act, 1980 aims at the conservation and sustainable management of India's forests. It aims to conserve forests and regulate their use for non-forest purposes. For using forest lands for non-forest purposes prior approval from the Central Government is a must. This act also lays down the pre-requisites for the diversion of forest land into non-forest purposes. This act has helped to facilitate developmental activities, like construction of roads, schools, and railways, while also keeping in mind the unselective diversion of forest land for non-forest activities. The Act provides punishment for violation of provisions of this act, including simple imprisonment up to 15 days.
   
• Air (Prevention and Control of Pollution) Act, 1981: The primary aim of this act is to prevent, control, and reduce air pollution in India. This act was passed in response to the increasing industrialization in India which is resulting in huge air pollution creating an unhealthy environment to live in. This act was also a way-out to implement decisions made at the UN conference on the Human Environment in Stockholm in 1972. The act establishes its own boards to carry out its purpose and successfully implement its laws. The State boards have their own funds to carry out their functions.
   
• Environment (Protection) Act (EPA), 1986: This act was established in 1986 for protection and improvement of the environment. The creation of this act goes back to the UN Conference on the Human Environment held at Stockholm Conference in 1972, in which India participated to take necessary steps for environmental improvement. This Act is one of the most comprehensive and complete legislations in terms of environmental protection and preservation. It empowers the Central Government to set up authorities with the responsibility to tackle problems associated with the environment.
  
  Its main objective was to implement the decisions made at the Stockholm Conference, coordinating activities among different agencies that are acting under the existing laws, enacting regular laws keeping in mind the changing scenarios for the protection of the environment, engaging in sustainable developmental activities, and imposing punishment and monetary fines on those who do not abide by the provisions of this law and endanger the welfare and health of the environment. For each failure regarding compliance with the laws, the punishment includes imprisonment up to 5 years or fine up to Rupees 1 lakh or both.
   
• Ozone Depleting Substances (Regulation and Control) Rules, 2000: The Ozone layer is a thin region in Earth's Stratosphere that protects Earth from harmful UV rays by the process of absorption. Ozone Depleting Substances (Regulation and Control) Rules, 2000, is also known as Ozone Depleting Substances Rules 2000. It is a set of rules provided in the act that aims at combating the threatening issue of Ozone layer depletion due to Ozone Depleting Substances (ODSs).
  
  Ozone Depleting Substances are those which are man-made chemicals that contribute to Ozone layer depletion, such as Chlorofluorocarbons (CFCs), Hydrochlorofluorocarbons (HCFCs), Halons, etc. This rule was enacted under the Environment (Protection) Act, 1986, to meet India's obligation under the Montreal Protocol. The main objective of this rule was to protect the depletion of the ozone layer by restricting the use, sale, and trade of ODSs which will further affect the ozone layer, allowing harmful UV rays to enter into Earth's surface.
   
• Biological Diversity Act, 2002: This act was passed by the Parliament of India with a motive to protect and preserve biodiversity and to facilitate the functioning of sustainable management of biodiversity resources. The Act was established to fulfill the stipulated requirements of the United Nations Convention on Biological Diversity, in which India was also a member nation. The main objective of this act was to conserve biological diversity, to assist in sustainable and fair usage of its resources in order to prevent malpractices or eventual destruction of biodiversity.
  
  This act tends to protect the knowledge of local communities regarding biodiversity, to provide regularized access to biological resources throughout the country, to protect and rehabilitate endangered species, and to set up specialized agencies for proper implementation of the schemes in accordance with the Act. Any offence under this act is non-bailable in nature, and any grievances related to the determination of profit sharing or order of National or State Biodiversity Authority shall be taken up by National Green Tribunal (NGT).
   
• Environment Impact Assessment (EIA) Notification, 2006: Environment Impact Assessment (EIA) is a process of evaluating the possible environmental impacts, both beneficial and adverse, of a proposed developmental project, taking into account inter-related socio-economic, cultural, health-related impacts of the proposed project. UNEP defines it as a tool to assess the supposed environmental, economic, and social impacts of a proposed developmental project. It aims to predict environmental impacts at early stages of project planning and tries to find solutions to minimize its impact on the environment.
  
  The Environment Protection Act, 1986 statutorily backs EIA. A new EIA legislation was notified in September 2006 by the Ministry of Environment, Forests, and Climate Change. This notification makes it mandatory for various projects like mining, thermal power plants, river valleys, infrastructures, and industries to get environmental clearance.
   
• National Green Tribunal Act, 2010: The National Green Tribunal Act, 2010 was enacted to create a special tribunal or court to handle environment-related issues. The primary objective of this tribunal was to provide expeditious and effective disposal of cases related to various environmental issues, like environmental protection, conservation of forests, and other natural resources. It also acts towards the enforcement of any legal right or remedy and compensation for damages caused to a person or to his properties. It is a specialized body for handling any environmental disputes that involve multi-disciplinary issues. After Australia and New Zealand, India has become the third country to establish a specialized court for specifically resolving environmental issues.

These are some of the key laws, among others that form legal framework for environmental protection in India.
Problems and Limitations for Environmental Protection:
Despite, robust legislations to protect and preserve the environment, there exists several challenges which adversely affecting the proper and effective implementation and enforcement of these laws in India. Some of these challenges are:

• Implementation gap and Enforcement issues: - One of the main challenges is ensuring and enforcing environmental laws and regulations effectively. Due to inadequate resources, manpower, technical expertise, and corruption, serious hindrances can arise regarding proper and effective implementation of laws. The huge population also acts as an impediment in enforcing the laws. Proper implementation and enforcement of law is extremely necessary for achieving desired environmental results.
• Coordination among different agencies: - Coordination and collaboration among different agencies can deliver fruitful results towards the protection of the environment. However, lack of coordination and overlapping jurisdictions of different agencies create a lacuna in the implementation and enforcement of environmental laws. Lack of cooperation among State and Central agencies results in weak implementation of laws for the protection of the environment.
• Conflict between Economic development and environmental Protection: - Balance between economic development and environmental protection must go hand in hand; one cannot be neglected for the sake of the other because both are crucial parts of the existence of a healthy society. India's rapid industrialization for economic growth poses a great threat to a healthy environment. There is an urgent need for sustainable development by integrating environmental and social considerations into economic decision-making to strike a perfect balance between economic development and environmental protection in India. Investing in a green economy, like renewable energy, eco-tourism, and sustainable infrastructure, can also help ease this complex conflict between economic development and environmental protection.
• Public awareness and Participation in decision making: - Lack of public awareness about the emerging environmental issues, laws, rights, and responsibilities hinders their active participation. Lack of education also adversely affects overall environmental health as people are unable to understand the harmful effects of using harmful chemicals, generating heaps of waste, using plastics, using loudspeakers, etc. Promoting public awareness, educating them about environmental issues and solutions, and encouraging participation can create a culture of environmental responsibility among people to take measures on their individual capacity to tackle this problem and protect their environment.
• Judicial Backlogs: - The judicial system of India faces a huge backlog of cases because of delays in resolution. Issues like environmental protection need speedy and efficient disposal of cases so that the laws enacted specifically for the protection of the environment can be effectively implemented and enforced. Special tribunals have been formed to deliver swift and efficient disposal of cases related to environmental protection and preservation.
• Measures to Protect the Environment: - Apart from the legislative framework for environmental protection in India, other measures can also be taken by individuals to protect the environment from various human activities that degrade, destroy, or otherwise adversely affect the quality of the environment for generations to come. To protect the environment from the harmful effects of human activities and make it a better place to survive, several steps can be taken by individuals to safeguard the quality of the environment. Some of these measures are as follows:
  • Theory of three R's: - Theory of three R's simply means reduce, reuse, and recycle. These three R's are a great way to protect the environment. By using things mindfully, we can reduce our waste generation, which in turn helps with waste management. Reusing old products and recycling them also releases some pressure from the environment, such as reusing old cans, bottles, or recycling old books and copies into new ones, which is a great initiative towards less waste production.
     
  • Reforestation: - Reforestation is the process of restoring forests that have been degraded by planting new trees and plants. It helps in reducing greenhouse emissions and absorbing carbon dioxide, which will eventually mitigate the critical problem of climate change. It also restores the ecosystem, protects endangered species, prevents soil erosion, etc.
     
  • Educating and spreading awareness among public: - By educating the public about the adverse effects of their activities on the environment and spreading awareness among them regarding various environmental issues, we can significantly help conserve the environment. Initiating educational campaigns in schools, colleges, and public places about the harmful effects of dangerous chemicals, waste production, using loudspeakers, etc., and providing effective solutions and ways to protect the environment have always been instrumental in striking people's conscience regarding the protection of their mother nature.
     
  • Sustainable use of resources: - By sustainably using resources, we can ensure that natural resources remain available for future generations. It involves using natural resources without depleting or destroying the environment, such as creating our own electricity by installing solar panels on our roofs, storing rainwater in reservoirs for future use, converting household waste into compost to reduce waste generation, etc.
     
  • Using public transport: - Instead of using personal vehicles for short distances, people can avail public transport, walk, or cycle. This will not only reduce carbon emissions but also benefit health-related issues. Fewer vehicles on roads mean less carbon emission.

These are some of the measures that can be practiced by people to protect their environment, themselves and their future generations from the fateful destruction of their existence.

Conclusion:
Conservation and protection of environment has always remained a primary objective of every nation, as without mother nature survival Is impossible. India has also made various efforts to protect its environment, socially, scientifically, legally also. It has made a robust legal framework for sustainable usage of natural resources to protect the environment.

However, some lacunas still exist in terms of implementation and enforcement of these laws. To resolve these problems and fill the gaps, a comprehensive and integrated approach is required to overcome these challenges and protect India's environment effectively. A collective commitment towards the preservation and protection of environment is a must step from all communities, agencies, government, and most importantly from each and every individual to combat all environmental issues.

Hence, by addressing these issues collectively and building a more robust legal framework better implementation of environmental laws can be ensured. Generating awareness among mass and educating them about the adverse effects of environmental destruction, India can pave its path for sustainable development, and thus cantake a longer stride towards developing a healthier environment for generations to come.

References:

1. https://blog.ipleaders.in/legal-framework-india-protect-environment/
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4. https://www.linkedin.com/pulse/protection-environment-under-indian-constitution-legasis
5. https://www.geeksforgeeks.org/constitutional-provisions-for-the-protection-of-environment/
6. https://www.clearias.com/environmental-laws-india/
7. https://indiankanoon.org/doc/1220539/
8. https://indiankanoon.org/doc/1486949/
9. https://moef.gov.in/forest-conservation
10. https://www.adda247.com/upsc-exam/wildlife-protection-act-1972/
11. https://byjus.com/free-ias-prep/environment-protection-act-1986/
12. https://timesofindia.indiatimes.com/readersblog/confusedbaby/8-simple-steps-to-protect-the-environment-51741/

Written By: Monalisa Rath, B.A.LL. B, 4th Year Student, South Calcutta Law College