The need for the existence of environmental laws and their strict
implementation is paramount for conservation and protection of the environment
including the wildlife. India’s Constitution clearly stipulates that under Part
IV (Article 48-A, Directive Principles of the State Policy) the State shall
endeavour to protect and improve the environment and safeguard the wildlife of
the country.
Furthermore, the Constitution under Part IV-A (Article 51-A, Fundamental
Duties) casts a duty upon the citizens of India to preserve and improve the
natural environment of the land. In addition to this, India has made several
international commitments and signed treaties with regard to protection of the
environment which it must uphold and honour.
One of the most important bodies of the Government of India that deals
environmental protection is the Ministry of Environment and Forests (MoEF) which
came into force in 1985 after the prominent Stockholm Conference,1972. MoEF is
concerned with regulating and preserving the natural environment and
legislating on the legal and regulatory framework for the same. The Ministry of
Environment and Forests along with the Pollution Control Board form the
administrative crux of this sector.
Some landmark legislations adopted for environmental protection are as
follows:
- The Water (Prevention and Control of Pollution) Act, 1974
- The Environment Protection Act, 1986
- The Hazardous Waste Management Regulations
- The National Green Tribunal Act, 2010
Even though India has made significant progress in improving the environmental
conditions, there are still some obstacles that it is yet to overcome. In the
recent report composed by a committee of the Ministry of Environment, Forests
and Climate Change reviewed six of India’s major environmental laws. The Centre
for Policy Research submitted its analysis of the report to the committee,
highlighting some of the key issues and problems of that report that needed
urgent redressal.
The report analysis highlighted the ambiguity of some of the laws that needed
to be addressed. It brought into light the need for speedy approvals of
environment related laws and amendments. Furthermore, it laid huge emphasis on
laying the foundations for technology aided speedy and accountable decision
making process for project approvals.
It can be concluded that even though the environmental sector has advanced and
secured a vital position in the global as well as Indian contexts, many more
improvements and reforms are yet to be made to receive positive environmental
outputs in a larger sense rather than being led by the approach that
environmental progression may hurt the socio-economic system.
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