Environmental Laws in India- Overview and Important ACTsClick to edit Master subtitle style

Presenter Aarti C.K. Mentor Shri Vasudev Modi3/11/13

Former Prime Minister of India Mrs. Gandhi while displaying the nations commitment to the protection of environment said, The natural resources of the earth, including the air, water, land flora and fauna and especially representative sample of the nature ecosystem must be safeguard for the benefits of present and future generations through careful planning or management, as appropriate... Nature conservation including wildlife must therefore receive importance in planning for economic development".3/11/13

Constitution of India and EnvironmentA fundamental right to life' is guaranteed

to all persons.

No person shall be deprived of his life or

personal liberty except according to procedure established by law. (Article 21)

The scope of Right to Life expanded by

higher judiciary to include the right to clean and pollution free environment.3/11/13

Constitution of India and Environment

3/11/13

Legislative PowersWater (Prevention and Control of Pollution)

Act, 1974

This Act represented Indias first attempts to comprehensively deal with environmental issues. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for noncompliance. The Act was amended in 1988 to conform closely to the provisions of the EPA, 1986. It set up the CPCB (Central Pollution Control Board) which lays down standards for the prevention and control of water pollution. 3/11/13 At the State level, the SPCBs (State Pollution

Legislative PowersWater (Prevention and Control of Pollution)

Cess Act, 1977

This Act provides for a levy and collection

of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. Following this Act,The Water (Prevention and Control of Pollution) Cess Ruleswere formulated in 1978 for defining standards and indications for the kind of and location of meters that every consumer of water is required to install. 3/11/13

The Environment (Protection) Act 1986.3/11/13

THE ENVIRONMENT (PROTECTION) ACT, 1986

An Act to provide for the protection and improvement of environment and formatters connected therewith. Whereas the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment.3/11/13

The Environment (Protection) Act 1986 was introduced after the

Bhopal

gas

tragedy

during Rajiv Gandhi was the Prime Minister of our country.3/11/13

EnvironmentDefinition :-

(sec.2a):Environment it includes water, air and land and the inter relationship which exists between water, air and land and human being, other living creatures, plants, micro organisms and property. 3/11/13

Hazardous substanceIt means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures,plant, micro-organism, property or the environment.

OccupierIn relation to any factory or premises, means a person who has,control over the affairs of the factory 3/11/13 or the premises and includes in relation to any

OBJECTIVESTo co-ordinate the activities of the various regulatory agencies already in existence. To appoint environment officers to check environmental pollution. To improve the quality of life by protection of environment. Establishing environmental laboratories. To protect the forests and wildlife in the country3/11/13

Environmental Pollutants

3/11/13

Environment pollutant (sec.2 b):It means any solid, liquid or gaseous substance present in such concentration as may be injurious to environment pollutant.

Environment pollution

(sec.2c):-

It means the presence of any environmental pollutant in the environment. It includes all extraneous (forging) materials that are harmful to human being ,animals and plants life. .3/11/13

PENALTY FOR (1) Whoever fails to comply with or CONTRAVENTION

contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention 3/11/13 continues after the conviction for the first

PENALTY FOR CONTRAVENTION

(2) If the failure or contravention referred to

in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years

3/11/13

OFFENCES BY COMPANIES(1) Where any offence under this Act has

been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

3/11/13

OFFENCES BY GOVERNMENT DEPARTMENTS(1) Where an offence under this Act has

been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this

section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise 3/11/13 all due diligence to prevent the commission

Legislative PowersFor procedure of Environment

(Protection) Rules, 1986, the Central Government has delegated its powers under clause (b) of sub-section (i) of section 12 and section 13 of the Act to the Central Pollution Control Board vide Notification No. S.O. 145 (E) dated 21-291 published in the Gazette No. 128 dated 27-2-91.

3/11/13

Legislative PowersThe Rules prescribe the parameters for the

Central Government, under which it can issue orders of prohibition and restrictions on the location and operation of industries in different areas. The Rules lay down the procedure for taking samples, serving notice, submitting samples for analysis and laboratory reports. The functions of the laboratories are also described under the Rules along with the qualifications of the concerned analysts.3/11/13

BAR OF JURISDICTIONNo civil court shall have jurisdiction to

entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.

3/11/13

Water (Prevention and Control of Pollution) Act, 1974Click to edit Master subtitle style

3/11/13

Water (Prevention and Control of Pollution) Act, 1974 to provide for the prevention and An Actcontrol of water pollution and the maintaining or restoring ofwholesomeness of water, for the

establishment, with a view to carrying out the purposes aforesaid, water pollution, for conferring on and assigning to such Boards for matters connected therewith.

of Boards for the prevention and control of

Powers and functions relating thereto and3/11/13

Commencement.It applies in the first instance to the whole

of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.

(3) It shall come into force, at once in the 3/11/13

States of Bihar, Gujarat, Haryana, Himachal

Legislative PowersWater (Prevention and Control of Pollution)

Act, 1974

This Act represented Indias first attempts to comprehensively deal with environmental issues. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for noncompliance. The Act was amended in 1988 to conform closely to the provisions of the EPA, 1986. It set up the CPCB (Central Pollution Control Board) which lays down standards for the prevention and control of water pollution. 3/11/13 At the State level, the SPCBs (State Pollution

PENALTIES AND PROCEDUREFailure to comply with directions

under sub-section (2) or sub-section (3) of section of 20, or orders is suedunder clause (c) of sub-section (1) of 32 or directions issued under subsection (2) of section 33 or section 33A. direction given under sub-section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, or conviction, be unishable with 3/11/13 imprisonment for a term which may extend

(1) Whoever fails to comply with any

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT,1981Click to edit Master subtitle style

3/11/13

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981An Act to provide for the prevention,

control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

3/11/13

PRELIMINARY1. (1) This Act may be called the Air

(Prevention and Control of Pollution) Act, 1981.

(2) It extends to the whole of India.

(3) It shall come into force on such date1 as

the-Central Government may, by notification in the Official Gazette.

3/11/13

Legislative PowersThe Central Board for the Prevention and

Control of Water Pollution central Board constituted under section 3 of the Water (prevention and control of pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and perform the functions of the Central Board for the Prevention and Control of Air Pollution under this Act.

3/11/13

Legislative PowersTo empower the central and state pollution

boards to meet grave emergencies,theAir (Prevention and Control of Pollution) Amendment Act, 1987, was enacted. The boards were authorized to take immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The power to cancel consent for non-fulfilment of the conditions prescribed has also been emphasized in the Air Act Amendment3/11/13

PENALTIES AND PROCEDURE(1) whoever fails to comply with the

provisions of section 21 or section 22 or directions issued under section 31 A, shall, in respect of each such failure, be punishable with imprisonment for a terms which shall not less than one year and six months but which may extent to six years an with fine and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which failure continues after the conviction for the first-such failure. 3/11/13

PENALTIES AND PROCEDURE(2) If the failure referred to in sub-section

(1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.]

3/11/13

The Wildlife (Protection) Act 1972Click to edit Master subtitle style

3/11/13

The Constitution of India [Article-51A (g)]

Duties

Fundamental

Click to edit Master subtitle style

It shall be the duty of every citizen of India, to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have 3/11/13 compassion for living creatures.

WILD

LIFE (PROTECTION ) ACT, 1972 An act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.3/11/13

Some important Definitions as per The Wildlife(Protection) Act 1972. "animal" includes amphibians, birds, reptiles,

mammals, fish, other chordates and invertebrates,and also includes, in the cases of birds and reptiles, their eggs;

"animal article" means an article made from

any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal [has been used, and ivory imported into India and an article 3/11/13 made therefrom];

"trophy" means the whole, or any

part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes (a) rugs, skins and specimens of such animal mounted in whole or in part through a process or taxidermy, and (b) antler, bone carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;

3/11/13

means the whole or any part of any captive animal, other than vermin, which has not undergone a process of taxidermy, and includes a [freshly killed wild animal, ambergris, musk and other animal products ]; qtaxidermy, with its grammatical variations and cognate expressions, means the curing, preparation or preservation of trophies; q "habitat", includes land, water or vegetation which is the natural home of any wild animal; q "wild animal" means any animal specified in Schedule I to IV and found wild in nature;q

uncured trophy

3/11/13

"wild life" includes

any animal, aquatic or land vegetation which forms part of any habitat includes any aquatic or land vegetation; there is popular misconception that Wildlife refers only to mammals and birds, on the contrary the definition embraces all

HUNTING OF WILD ANIMALS

Section 9: Prohibition of hunting No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.]n"hunting",(as

defined in wlp Act) with its grammatical variations and cognate expressions, includes, (a) killing or poisoning of any wild animal or captive animal and every attempt to do so; (b) capturing,coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to3/11/13 do so; (c) injuring or destroying or taking any

v

ZOO AUTHORITY AUTHORITY

CENTRAL ZOO Section 38 CENTRAL

AND RECOGNITION OF ZOOSSection 38 I v No Zoo can Section 38 - H (1A) No acquire, Sell, Transfer Wild animal, captive animal of prior Zoo without Sch. I & II without permission. approval. vSection 38J. Prohibition of teasing & etc., in a zoo.v

3/11/13

38C. Functions of the Authority. perform the following functions,

The Authority shall

namely: (a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo; (b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed; (c) recognise or derecongnise zoos; (d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo; (e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes; (f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity; (g) identify priorities and themes with regard to display of captive animals in a zoo; (h) co-ordinate training of zoo personnel in India and outside India; (i) co-ordinate research in captive breeding and educational programmes for the 3/11/13 purposes of zoos;

No person shall, without the previous permission in

writing of the Chief Wild Life Warden Section 39: WILD or authorized officer ANIMALS, ETC., TO BE (a) acquire or keep in his possession, custody or control, or GOVERNMENT ROPERTY. (b) sale

transfer to any person, whether by any of gift, or otherwise, or

(c) destroy or damage, such Government property.

3/11/13

Section 44: DEALINGS IN TROPHY ANDANIMAL ARTICLES PROHIBITED WITHOUT LICENCE

TRANSPORTATION

Section 48A:

RESTRICTION ON OF WILDLIFE

No person shall accept any wild animal (other than vermin), or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf has been obtained for such transportation.]3/11/13

Section 49B: PROHIBITION OF DEALINGS INANIMALS

TROPHIES, ANIMAL ARTICLES,ETC., DERIVED FROM SCHEDULED

Section 50:ARREST

POWER OF ENTRY, SEARCH, AND DETENTION

The Director or any other officer authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer or any forest officer or any police officer not below the rank of a sub-inspector,

3/11/13

Legislative PowersThe WPA empowers the central and state

governments to declare any area a wildlife sanctuary, national park or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with 3/11/13 permission of authorized officer when an

Section 51: Penaltiespunishable with imprisonment for a term which may extend to [three years] or with fine which may extend to [twenty five thousand rupees] or with both: offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand 3/11/13 rupees:

Who can stop wildlife crime ?

3/11/13

3/11/13

Which laws regulate wildlife crime?India controls wildlife crime through three primary legislations: the Wildlife Protection Act 1972 ; the Customs Act 1962 and the Export-Import Policy. Apart from this , a few other Acts are also used. Some salient features of these Acts are listed below.

Wildlife Protection Act 1972: qApplicable all over India except Jammu & Kashmir, which has its own act. Prohibits hunting of any wild animal listed in any of its schedules except mice, rats, common crow and fruit bats.q

Schedules I, II,III and IV list different protected species, the killing or trade of which are punishable by varying penalties. A Schedule I offence can earn a repeat offender 7 years in prison and a find of Rs. 25,000. Section 51 lays down penalties for violations 3/11/13 of the Act.q

Foreign Trade (Development and Regulation) Act,1992 qThe Export-Impost policy is framed under this Act. It lists prohibited and restricted items. qThe Act replaces the earlier Imports and Exports Act, 1947. qWild animals including their parts and products such as ivory are prohibited for import. qWild animals and their derivatives are prohibited for export. Wood and certain wood products are also prohibited or regulated. q29 plant species are prohibited for export. Others are restricted and need a licence. Customs Act 1962 qAll offences against CITES and the Export-Import Policy are punishable under the 3/11/13 Customs Act.

INDIAN FOREST ACT 1927, FOREST CONSERVATION ACT WITH ITS RELATION TO IPC, CPC

3/11/13

The Indian Forest Act(1927)3/11/13

Objective:to consolidate the law relating to forests,

the transit of forest-produce & the duty leviable on timber & other forest- produce.

3/11/13

INTRODUCTION:The Indian forest act of 1878 was

amended by the Indian forest act of 1890,1901,1918 and 1919. amendments to suit the changing forestry scenario in the country. importance of forests for a country like India,the also needed to exploit the forest to earn the revenue and thus need was felt for a new forest legislation 3/11/13 to replace the one promulgated in 1878.

The earlier act of 1878 needed

The Britishers had begun to realize the

v This act is divided into 13 chapters and 86

sections1.chapter-1-preliminary-includes sec.1 and 2 2.chapter-2- of reserved forests- includes sec.3 to 27 3.chapter-3-of village forests- includes sec.28 4.chapter-4-of protected forest-includes sec.29 to 34 5.chapter-5-of the control over forests and lands not being the property of government.includes sec.-35 to 39. 6.chapter 6-of the duty on timber and other 3/11/13 forest produce.- includes sec.-40

8.chapter 8-of collection of drift and stranded timber-includes sec.-45 to 51. 9.chapter-9-penalties and procedure-includes sec-52 to 69 10.chapter-10-cattle trespass-includes sec.70 to 71. 11.chapter-11-0f forest officers-includes sec-72 to 75. 12.chapter -12 subsidiary rules-includes sec.76 to 78. 13.chapter 13- miscellaneous-includes sec.-79 3/11/13 to86.

Salient Features:a) Does not define forest but demarcate forest areas. b) The definition of forest produce include some produce not found in the forests eg timber, mahua seeds, natural varnish, bark, lac resin, wood-oil, catechu etc. c) Control over the forest are is divided into govt. & non- govt. land:

3/11/13

Forest under Govt. is classified as

reserved , village & protected forests. Notification & is administered by a forest officer. The system excludes free from human interference. State Govt. had earlier power to de-notify the reserve forests but is now subject to Central Govt. approval. A village forest is, through notification, is a reserve forest assigned to the village community, vesting in them some rights. notification, covers area not 3/11/13 covered under reserve forest. However access to

Reserved forest is created by a State

A Protected forests, again through

The State Govt. has power to regulate or prohibit certain activities in forest area that is not under its control for certain specific reasons.

d) The State Govt. is empowered to regulate the duty levied on timber & other forest-produce. e) Penalty for non-compliance and lien over forest produce. f) Exploitation is the goal of the Act rather than conservation and the State Govt. has absolute control3/11/13

Legislative PowersThe Act restricts the powers of the state in

respect of de-reservation of forests and use of forestland for non-forest purposes (the term non-forest purpose includes clearing any forestland for cultivation of cash crops, plantation crops, horticulture or any purpose other than re-afforestation).

3/11/13

FOREST (CONSERVATION) ACT

3/11/13

OBJECTIVEto provide for the conservation of forest

and for matters inclusive of Ancillary and incidental ones

3/11/13

Provisions:v The main provisions of this act are:prior approval of the central

government is required for deserving a reserved forest. government is needed for diversion of forest land for non-forestry purposes. under this act,which are laid before both houses of parliament.3/11/13

prior approval of the central

the central government makes rules

Salient FeatureRestriction on the de-reservation of

forests or use of forest land for nonforest purpose. Prior approval from the central Govt. is mandatory. grant approval & also advice the Govt. on any other matter. days which is very obscure & no course of action is provided to remedy any contravention.3/11/13

Constitution of Advisory Committee to

Penalty for any contravention is 15

The Forest (Conservation) Rules, 1981:

Provide

specifications to the Advisory Committee to be headed by DG. & consists of bureaucrats & scientists

3/11/13

Some Other Development of FC ActThe draft of the Conservation of Forests &

Natural Ecosystems Act was brought out in 199394 but could not be put in place.The main criticism was that it did not replace the Indian Forest Acts structure.

3/11/13

Banawasi Seva Ashram V. State of UP (1987): objected declaration of certain areas in Dudhi & Robert ganj Tehsils as Reserved forests thus denying the advasis(tribes) right to the land & other activities under Section 32 of the Constitution. Meantime NTPC initiated Super Thermal Power Plant. The Court freed land for the thermal powerplant and excluded the land , declared as Reserved Forests, from the the writ petition. However the court issued direction that it was open for the claimants to establish their rights in appropriate proceedings.3/11/13

MC Mehta V. KamalNath(1997): The

Court enunciated Public Trust Doctrine & Polluter Pays Principle and stated that the State had a legal duty to maintain the natural state rather than permitting.

Following the Forest Resolution, MOEF

issued a JFM Circular in 1990 to increase peoples involvement in the development & protection of forests which has so far shown mixed results.3/11/13

ConclusionIf we think right now we can minimize the pollution.

While you are thinking about yourself, Think about 3/11/13

ANY ?????? ?

3/11/13

So at last I just want to say that not only such laws are made but also be followed..

3/11/13

The activist is not the man who says the river is dirty. The activist is the man who cleans up the river3/11/13