This Article is written by Diksha Jain & this article discuss the concept of Introduction to Environment and Environmental Law : Scope and importance
Introduction:
The surroundings play a significant role on people’s life. The way of life of humans can be impacted by environmental destruction. To prevent human activity from exploiting the environment, environmental laws is required. It compels and encourages people to engage in actions that endanger the environment. The country’s problems determine how the law is modified. Environmental law is a dynamic idea rather than a set standard. Important legislation and decisions have been passed by the legislature and judiciary, demonstrating their support and care for environmental regulations. Let us attempt to define the term “environment” before looking at environmental laws. The French word “Environia,” which meaning to surround, is where the word “environment” originates. Stated differently, the environment can be described as the combination of all things, living or dead, that have an impact on human life. To put it simply, the environment is made up of physical components. Air, water, and land are all included. It is a dynamic environment that keeps human life possible. Destroying the environment can result in several accidents. Laws are put in place to safeguard the environment and guarantee the livelihood of current and future generations to avert such tragedies or mishaps. The 1986 Environment Protection Act: – The environment is defined in Section 2(a) as the air, water, and land as well as any existing links. between humans, other living things, plants, and property, as well as between and among water, air, and earth.
Evolution of Environmental Laws:
Environmental Law Prior to Independence: The historical evidence of the Indus Valley Civilization, which had ventilated homes and appropriate drainage systems, makes clear the necessity of environmental cleanliness. It is still going strong today. However, the relevant laws were made between 1800 and 1947 AD, during the British Empire. The following laws apply:
- Shore Nuisance (Bombay and Kolba) Act, 1853
- Merchant Shipping act, 1858
- Offences that pollute the environment were included in the Indian Penal Code, 1860 and it was punishable under Chapter XIV of the code.
- The Fisheries Act, 1897
- The Bengal Smoke Nuisance Act, 1905
- The Bombay Smoke Nuisance Act, 1912
- Wild Birds and animals Protection Act, 1912
- Indian Forest Act, 1927
Prioritizing economic development and the eradication of poverty, India’s leaders focused on economic development even though the country had already drafted a constitution prior to 1950, when it earned independence from British domination. Consequently, there was little discussion of environmental issues in the constitution. Several initiatives to save the environment and stop pollution were not introduced until the UN Conference on the Human Environment in Stockholm in 1972. As a result, the Indian parliament added Articles 48A and 51A to the Constitution in 1976.
According to Article 48 A, the state works to preserve and enhance the environment as well as the state’s forests and wildlife.
Article 51A: The fundamental responsibilities of citizens are outlined in this article. Along with compassion for all living things, it also talks about preserving and enhancing the natural environment, which includes rivers, lakes, forests, and wildlife.
The right to a clean and healthy environment is contained in Article 21 of the Constitution in addition to these two provisions. The National Environmental Policy and Planning Council was founded in 1972, and the Ministry of Environment and Forestry was subsequently established in 1985.
Importance Of Environmental Laws:
Enforcing environmental rules and regulations is essential to safeguarding not only the diverse range of plants and animals within our wider ecosystem, but also us people. Laws pertaining to the environment protect people, governments, and cooperatives from endangering the environment and its ecosystems. To prevent violations that endanger the environment and all of humanity, it is essential to the development, regulating, and interpretation of numerous agreements and regulations that have been signed by different nations and international organizations worldwide.
Human existence depends on the environment. Environment protection requires laws. Regulations pertaining to environmental protection give us a roadmap for this. Some of the factors that make environmental law so crucial are as follows: Protecting the environment and public health is the primary goal of environmental legislation. The Environmental Law guarantees that actions do not jeopardize the health of humans, animals, or the environment. Waste needs to be managed so that it does not affect the environment, people, or their health. It also needs to be disposed of in accordance with the guidelines and rules that are in place now. Environmental rules are necessary for the construction of industry and production facilities. The Environment Act makes that business complies with all legal obligations to preserve and safeguard the environment.
Scope And Limits of Environmental Laws:
There is some degree of coherence between national and international environmental norms thanks to the principles of Indian environmental law, which are outlined in statutes and legal interpretations of the constitution9. During the 1990s post-independence period, the judiciary actively participated in the passage of numerous laws. Articles 48A and 51A(g) of the 42nd Amendment to the Indian Constitution, which was ratified in 1976, explicitly incorporated the concepts of environmental protection.10 The Aviation Act and the Environmental Act are mentioned in the Stockholm Conference in recognition of the successful execution of Article 253 of the Constitution, which also satisfies India’s international commitments.11The Water (Prevention and Control of Pollution) Act of 1974, the Air Law, and the Umbrella Law or Environment are a few notable examples. the Wildlife Protection Act of 1972 and the Conservation Act (EPA), both passed in 1986. To stop, manage, and lessen water pollution, the Water (Prevention and Control of Pollution) Act of 1974 was developed. The right to clean air and water is encompassed by the interpretation provided by the courts in Articles 32 and 21 of the fundamental right to life and personal liberty.12 The Supreme Court predicated its five lengthy interim decisions in the case of Rural Litigation and Right Kendra Vs. in Uttar Pradesh13 on the court’s ruling that environmental rights were protected by Article 21.14 .14 A new class of action under numerous names was essentially formed by the relaxation of jurisdiction in conflicts pertaining to social activities and the public interest.15 Since environmental challenges involve the rights of the community rather than the rights of the individual, this approach is more effective in addressing them.16 The Supreme Court has approached environmental matters holistically in recent years. Usually, this is accomplished by making intricate arrangements on plans and policies for sustainable growth. The summit gave India, a nation devoted to raising the standard of living for its citizens and a leading member of the International Alliance for Sustainable Development, the chance to reaffirm its commitment to the development tenets that have long served as the nation’s compass. The country’s planning process incorporates these ideas, hence a distinct national strategy on sustainable development was unnecessary.22 India was a major contributor to the Millennium Development Goals’ implementation, which were adopted in Johannesburg in 2002. Sustainable development concerns are now a crucial component of planning. The Ninth Five Year Plan made explicit how environment, health, and development work together23. One of the primary goals of the tenth five-year plan24 is already recognized to be balancing economic and population growth with environmental preservation.
The following section discusses the constraints that result in inadequate adherence to environmental legislation in India:
1. Lack of flexibility in laws: Standards and rules have too ambitious phrasing. There would be little compliance in such a situation. Unwavering standards ought to be adhered to. These requirements typically have nothing to do with efficiency or technology, nor do they have anything to do with the quantity of pollutants generated. Therefore, the state of the ecosystem could worsen despite tight enforcement. Companies are discouraged from investing in pollution control solutions by overly strict regulations.
2. Weak enforcement: When environmental management is poorly enforced, it turns into crisis management. Consequently, enterprises respond to compliance very weakly when there are no controls in place or merely formal controls.
3.Inadequate monitoring: Since it is challenging to determine the amount of pollution that businesses create scientifically, a lack of technically trained labour results in ineffective monitoring. The EPA mandates that state boards include a majority of members who possess technical qualifications.
4.Ineffective penalty measures: As was already mentioned, there is no warning system or effective consequence for non-compliance. Regardless of the extent of compliance or the volume and calibre of emissions, businesses that break the regulations face incredibly minimal penalties. No matter how much pollution there is, the defaulting enterprise will only be fined Rs. 10,000 or face a maximum of three months in jail, both of which are subject to bail. The predicament is made worse by the issue of outstanding cases. Justice is denied when it is postponed.
5. Lack of finances: The absence of funds is the fifth significant barrier. According to one study, inadequate funding is a major contributing cause to low adherence. PCB has the infrastructure—laboratories and monitoring equipment, for example—necessary to perform these duties because of a lack of funding. Furthermore, it was discovered that the Municipal Corporation of India had fulfilled its legal obligations with complete negligence. Since they are the authority tasked with handling pollution, they cannot afford to do nothing while claiming to be unable to afford the resources necessary to reduce pollution and save the environment.
Conclusion:
In recent decades, there has been a significant expansion in both the quantity and quality of environmental legislation. Environmental law has improved the management of environmental pollution in many areas (such as the protection of the ozone layer), but it has proven inadequate and ineffective in many other areas (such as climate change). This is even though the law’s initial focus was narrowly focused on state responsibility for transboundary damage and the protection of a small number of species. In certain instances, fresh environmental risks and issues have surfaced while previously existing environmental issues have gotten worse.
References & Citation:
(https://lawbhoomi.com/introduction-to-environment-and-environmental-law/)
(https://www.studocu.com/in/document/karnataka-state-law-university/environmental-law/scope-and-limits-of-environmental-laws-and-international-treaties-in-india/12803275)
(https://www.tutorialspoint.com/environment-law-meaning-and-significance)
