India, a country with different cultures, languages, and ecosystems, faces distinct environmental issues. The country is home to abundant wildlife, vital river systems, and quickly expanding metropolitan areas. The relationship between India and international environmental legislation is a developing story marked by accomplishments, setbacks, and ongoing efforts to establish a balance between development and conservation. This blog investigates how India navigates the thorny terrain of international environmental legislation.

Environmental law is a subset of law concerned with the preservation and protection of the natural environment and its resources. It addresses a wide range of issues, including air pollution, water quality, biodiversity, climate change, waste management, and environmental impact assessment. There are two types of environmental law: national and international. The laws and regulations implemented by a country to solve its own environmental difficulties and challenges are referred to as national environmental law. International environmental law refers to the rules and agreements that the international community develops and adopts to solve global or transboundary environmental issues and difficulties.

India has been an important participant and contributor to the creation of international environmental legislation. India was one of two heads of state who attended the 1972 United Nations Conference on Human Environment (Stockholm Conference), which marked the beginning of the contemporary age of international environmental law.[1] India was also instrumental in the development and adoption of several important international environmental treaties and agreements, including:

1. The Convention on Biological Diversity (CBD) strives to conserve biological variety, encourage sustainable use of its components, and assure fair and equitable distribution of benefits derived from genetic resources.
2. The United Nations Framework Convention on Climate Change (UNFCCC) establishes the basis for international collaboration on climate change and its consequences.
3. The Kyoto Protocol, a UNFCCC extension that binds industrialized countries to reduce greenhouse gas emissions by a predetermined amount.
4. The Paris Agreement, a UNFCCC accord aimed at strengthening the global response to climate change by keeping global temperature rise below 2°C over pre-industrial levels.
5. The Convention on International Trading in Endangered Species of Wild Fauna and Flora (CITES), governs the trading of endangered species to keep them from becoming extinct.
6. The Ramsar Convention on Wetlands and Their Resources, calls for the conservation and intelligent use of wetlands and their resources.
7. The Basel Convention governs the transboundary transfer and disposal of hazardous wastes.
8. The Montreal Protocol strives to protect the ozone layer by prohibiting the manufacturing and use of ozone-depleting compounds.

India has also incorporated international environmental law ideas and obligations into its own legal system. The Indian Constitution has many provisions that indicate India's commitment to protecting and improving the environment. Article 48A of the Constitution states:
"The State shall strive to enhance and preserve the environment and to protect the forests and wildlife of the nation." Article 51A of the Constitution states: "It is the responsibility of every citizen of India ... to safeguard and enhance the natural environment, including forests, lakes, rivers, and wildlife, and to show compassion for all living beings."

Furthermore, to execute its international environmental commitments, India has implemented several laws and programmes, including:

1. The Environment (Protection) Act of 1986 authorizes the central government to take actions to safeguard and improve the quality of the environment, as well as to prevent, control, and eliminate pollution.
2. The Wildlife (Protection) Act of 1972 establishes a network of protected areas such as national parks, sanctuaries, and biosphere reserves to safeguard wild animals, birds, and plants.
3. The Water (Prevention and Control of Pollution) Act of 1974 creates a system of boards at the national and state levels to prevent and regulate water pollution.
4. The Air (Prevention and Control of Pollution) Act of 1981 established a similar system of boards to prevent and control air pollution at the federal and state levels.
5. The Biological Diversity Act of 2002 controls access to biological resources and associated traditional knowledge, encourages biodiversity protection and sustainable use, and creates a National Biodiversity Authority.
6. The Energy Conservation Act of 2001 encourages energy efficiency and conservation by establishing requirements for energy usage by appliances and equipment.

In India, the judiciary has played an important role in enforcing environmental law. The Supreme Court of India and different High Courts have broadened and creatively construed constitutional clauses relating to the environment. In their decisions, they have also utilized several international environmental law principles such as the precautionary principle, polluter pays principle, public trust doctrine, intergenerational equality, sustainable development, and so on.

Some significant cases in which the judiciary has played an important role in environmental protection include:

1. M.C. Mehta v. Union of India (1986), in which the Supreme Court ordered the closure or transfer of polluting companies in the Taj Trapezium Zone near the Taj Mahal.
2. The Supreme Court adopted the precautionary principle, and the polluter pays principle in Vellore Citizens Welfare Forum v. Union of India (1996), a case regarding pollution produced by tanneries in Tamil Nadu.
3. T.N. Godavarman Thirumulpad v. Union of India (1997), in which the Supreme Court issued a number of directives for the conservation and management of India's forests and wildlife.
4. In Narmada Bachao Andolan v. Union of India (2000), the Supreme Court upheld the construction of the Sardar Sarovar Dam on the Narmada River, balancing development, and environmental objectives.
5. In M.C. Mehta v. Union of India (2001), the Supreme Court directed that all public transport vehicles in Delhi be converted to compressed natural gas (CNG) to minimise air pollution.
    

Challenges Faced by India

1. Conservation vs. Development: India's developmental needs frequently clash with its conservation efforts. The country must strike a balance between economic growth and poverty reduction while also protecting its natural resources.
2. Limited Resources: Implementing international accords necessitates both financial and human resources. In this sense, India suffers difficulties, making it difficult to enforce and monitor compliance.
3. Complex Administrative Structure: Because of India's federal structure, states play a large role in implementing environmental legislation, posing coordination and uniformity issues.
4. Population Pressure: India's massive and expanding population puts enormous strain on natural resources and ecosystems, making long-term management a difficult undertaking.
    

Positive Steps and Achievements

1. Solar Energy Initiatives: India has made significant investments in solar energy, becoming one of the world's major producers and consumers of solar electricity, as part of its efforts to meet its climate goals under the Paris Agreement.
2. Afforestation Programmes: To increase forest and tree cover, India has established ambitious afforestation and reforestation programs, such as the Green India Mission.
3. Air Quality Measures: To address its air pollution crisis, India has implemented laws and programs to reduce emissions and enhance air quality in major cities.
4. National Biodiversity Targets: To safeguard and conserve its unique biodiversity, India has established national targets and goals by the Convention on Biological Diversity.

Conclusion
To summarise, India has been a proactive and responsible actor in international environmental law. India has not only participated in the development and adoption of numerous international environmental accords and conventions but has also efficiently implemented them at the national level. With the active participation of the court, India has also built a strong legal framework for environmental preservation and conservation. India's environmental law experience and skills can serve as a model and inspiration for other countries, particularly developing countries, in addressing environmental concerns and achieving sustainable development.

End Notes:

1. Kheria, N. (2020) International Environmental Law and its applicability in India, Law column. Available at: https://www.lawcolumn.in/international-environmental-law-and-its-applicability-in-india/ (Accessed: 22 October 2023).
2. Team, C. (2023) Environmental laws in India, ClearIAS. Available at: https://www.clearias.com/environmental-laws-india/ (Accessed: 22 October 2023).