Environment degradation in India is causing a serious threat to overall
ecological instability the major cause is due to variety of social, economic,
institutional and technological factors. The major issue is massive population
in India and its requirement which force urbanization and industrial activities
abusing an overall factor into degradations of sustainability of the
environment.
During the time of the corona virus pandemic lockdown somehow
improve quality of air. but few factors will remain constant like few of Indian
religious precepts and philosophy is causing it to worst. The world is now
searching for clean and sustainable energy in 2011 India is now the fourth
largest energy consumers in the world to meet the sustainable goal and
requirement India is also searching and implementing various laws related to
green and renewable energy to cause into effect India is also implementing
various laws related to sustainable development.
In the recent news Tesla space
debris free ideology and renewable energy electrical cars is also impacting the
Indian electrical motor vehicle market in this reference tata also announce the
production of electrical vehicle and vision for the market till 2025 this will
boom the renewable clean energy source market and curb the air pollution to some
extent. Ban on crackers promoting green crackers and implementing various laws
are also an initiative in this direction.
Definition:
The proper definitions of sustainable is the improvement and
preservation of resources to meet the future generations any sort of requirement
or any development that is on-going should not stress on environment this is the
actual sense of sustainable development. It saturates up the concept of
protection and nurturing at the same time. In easy words conservation of
surroundings and development together. Indian judiciary and Government have
emerged together as a factor for sustainable development and laws related to it.
Constitutional commitments and judicial activism
The Constitution of India and Concept of Sustainable Development is protected by
the role of Indian judiciary in terms of safeguarding the Indian constitution to
provide a mechanism by unique provisions for environmental protection which is
outstanding. Indian constitution has special provisions for safety a development
of sustainable growth in India.
By forty second amendment in the year 1976
article related to environment protection were engraved like article 48-A,
Article 51A(g) and also the article presents before like article 246, 253,
141,142 and fundamental article like article 21 for overall enhancements in
numerous environmental protection laws and case laws as a base playing a crucial
part in it.
- Article 48 A:
It specifically offers with environment protection used by Indian courts for
aid of using the language of this article. It also adds responsibility of
the state to protect the natural resources under its boundary and implement
laws according to it.
- Article 51 A (g):
Improve the natural environment including the forest,
rivers, lakes and wildlife. Schedule VII which contains the lists depicts
regions referring to surrounding safety upon which centre and state can
legislate and implement its own laws in reference to environment protection as
seen in various case laws like the case of; Mc Mehta vs kamala Nath - motel near
the river beas causing damage to stream of the river court take initiative in it.
- Mc Mehta vs union of India (vehicle pollution):
This case is a landmark
judgment in terms of banning out of vehicle 5 years old and also petrol supply
lead free in Delhi the court said that the right to healthy environment is a
basic human right stated that the right to clean air is curtailed under article
21
- Mc Mehta vs union of India (ganga pollution case):
The owners of some tanneries
near the city of Kanpur were discharging their wastes from their factories into
holy Ganga lacking of primary treatment plants. The Court said in its judgment
to stop disposing illtreated waste directly or indirectly into river ganga.
- Article 246:
Union list – includes the defence, atomic energy, foreign
affairs, oilfields, mines and interstate rivers as well as factories, population
control etc. State list – includes agriculture, water supplies, drainage
fisheries etc. In Concurrent list –the list includes forests, protection of
wildlife, mines and minerals etc. From an environment protection point of view
the legislature authority as well as role of Indian judiciary specially the role
of SC is very crucial so that the environmental problem and could be tackled and
the national laws as well as the state laws could be regulated properly in
uniformity.
- Article 253:
It allows the Parliament to make laws implementing India's
international responsibilities as well as inclusion of decision made at any
international conference, summit or by anybody.
- Article 21:
The role of SC in the use of this article with refence to
this article will be briefly stated; and 142 – the SC extensive power granted by
this articles and article 141 to be binding on all lower courts strengthened the
environment protection specially article 21 – right to wholesome environment
where the SC and various HC of India ensures that safety and sustainable
development with the use of article 32 as an medium of tool for proper functions
of article 21 of the Constitution because it has been recognized as one of the
essential
Vellore Citizen Welfare v. Union of India was the first case of doctrine of
Sustainable Development definition changed by this landmark judgment by the
Supreme Court. The Petitioners filed a petition in public interest in opposition
to the pollutants of discharge of untreated effluent with the aid of using the
tanneries and different industries in Palar river Tamil Nadu. the Supreme Court
held that the precautionary precept and polluter pay are part of the
environmental regulation of India. Remediation of the surroundings is a part of
Sustainable Development and as such polluter is at risk of pay the fee to the
person patients in addition to the fee of reversing the broken ecology.
But earlier than this case of Vellore Citizen, the Supreme Court has in lots of
instances attempted to preserve the stability among ecology and environment like.
In
Rural Litigation, Kendra Dehradun v. State of Uttar Pradesh which changed
into additionally referred to as Doon valley case, changed into the primary in
this case of ecological imbalances and environmental degradation of India where
the problems associated with surroundings and ecological stability changed into
delivered up.
Quarrel in lime mining situated at Shivalik hilly regions. The Supreme Court
after an extensive investigation, ordered the preventing of mining. However, it
is a fee that must be paid for protective and safeguarding the proper of the
humans to stay in healthful surroundings with minimum disturbance of ecological
stability.
the Supreme Court interpreted and passed forward the doctrine of Sustainable
Development in historic Narmada Bachao Andolan case were the court observed
that Sustainable Development way what kind or volume of improvement can take
region,
case like
Indian Council of Enviro-Legal Action vs. Union of India, the Court
held: while the financial improvement needs to know no longer be allowed to take
region on the fee of ecology.
What are the Major environment conservation laws related to sustainable
development in India?
Major environment conservation laws associated with sustainable
development face a severe problem of implementation at the bottom level, the
effectiveness and seriousness of environmental laws within the country is
questionable. India is one among the few countries where there's an elaborate
provision for the environment in its legal framework.
Some important acts
associated with sustainable development because the medium to confirm the
protection and gift to future generation which are as follows:
- Water Prevention and Control of Pollution Act, 1974:
Acts important
provisions was last modified in 2003. Act eliminates the release of pollutants
into water bodies outside a given standard, and places down penalties. Centre
authority to manage this act is CPCB.
- The Air (Prevention and Control of Pollution) Act, 1981:
to boost the air
quality standard in India this act was passed as a necessity of the hour. The
act establishes boards at the central and state level by empowering
the regime to declare any areas within the state as pollution control area with
consent from SPCB it also curtails some air pollutant agent and implement proper
regulation and laws associated with air quality.
- The Environment Protection Act, 1986:
the Central Government by this act is
permissible to entail measures compulsory to watch and improve the standard of
environment by setting standards for emissions and discharges of
pollution within the atmosphere by somebody carrying on an industry or activity;
regulating the placement of industries; management of hazardous wastes, and
protection of public health and welfare., the Central Government issues
notifications under the Environment Act for the protection of ecological areas
or issues guidelines for matters under this act. The punishment is up to
five years or with fine up to Rs 1,00,000 or both.
- The National Green Tribunal Act 2010:
non-constitutional body known as
National Green Tribunal was formed by the above act for the effective and quick
disposal of cases this act provides necessary powers to this body
regarding environmental protection and conservation of forests and regulations
for important resource of India.
- Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008,
guidelines in this act are sited down for storage ,import and manufacture of
hazardous chemicals and for management associated with hazardous or dangerous
toxic wastes.
- Biomedical Waste (Management and Handling) Rules, 1998:
This act provides the
right disposal of biomedical waste management, segregation, transport, etc, of
infectious wastes.
- Municipal Solid Wastes (Management and Handling) Rules, 2000:
The priority
of this act is to enable municipalities to dispose municipal solid waste in an
exceedingly green and scientific manner.
- Nuclear energy (Safe Disposal of Radioactive Wastes) Rules, 1987, GSR:
125. radioactive material administration is administered by this act. AERB
authorizes every use of material the disposal of disused sources or
waste associated with atomic science and nuclear management.
International conventions:
The international convention of which India is a part of are shown in the table
below:
Ramsar Convention |
1971 |
Stockholm Convention |
2001 |
CITES |
1973 |
Convention on Biological Diversity |
1992 |
Bonn Convention |
1979 |
Vienna Convention |
1985 |
Montreal Protocol |
1987 |
Kyoto Protocol |
1997 |
United Nations Framework Convention on Climate Change (UNFCCC) |
1992 |
Rio Summit |
1992 |
UNCCD |
1994 |
Basel Convention |
1989 |
Cartagena Protocol on Biosafety |
2000 |
UN-REDD |
2008 |
Nagoya Protocol |
2010 |
COP24 |
2018 |
COP21 |
2016 |
Kigali Amendment |
2016 |
Minamata Convention |
2013 |
Rotterdam Convention |
1998 |
COP25 |
2019 |
Conclusion and suggestionsThe Article is a brief information about
laws related to and scenario of renewal energy in India there are various laws
which are still no ground reality check mechanism available on it the laws are
on paper but in practical it is vague or not suitable except few law to improve
the environment protection the methods given below can be used:
- The 3 R concept Reduce, Reuse, and Recycle Approach:
this will play a
very crucial role as plastic is the biggest debris affecting the nature at large
and hampering ecological instability so using this technique the balance will be
maintained
- Promoting Environmental Education and Awareness:
There must be a
overall campaign about every use and laws related to environment protection in
common people as together we can stand on this or else curse the upcoming
generation.
- Resource Utilization as Per Carrying Capacity:
If the stress on the
environment is over exploitation of a resource the goal of sustainability could
not be attend.
Written By: Pratyush, 1182190067, Division –B, Ty BBA, LLB, MIT WPU FOL
Please Drop Your Comments