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Environmental deterioration has a major influence on biodiversity, ecosystems, and human well-being, making it a major worldwide problem. The problem is made worse in India by the country’s varied ecosystems, expanding population, and accelerated industrialization. With significant environmental laws in India, like the Water Act of 1974, the Air Act of 1981, and the Environment (Protection) Act of 1986 influencing ecological governance, the country’s environmental laws have changed to meet these concerns. Even though these laws are broad, their efficacy is hampered by implementation issues.
The Environment (Protection) Act of 1986 (EPA) is an important segment of umbrella law intended to handle a variety of environmental issues. It gives the national government the authority to manage pollution, protect the environment, and advance sustainable growth. Even with its strong structure, there are still a number of gaps:
The EPA was amended in 2021 to decriminalize several infractions and replace them with harsh fines of ₹5 lakh to ₹5 crore or jail. To collect penalties, an “Environmental Protection Fund” was established. The Indian Penal Code was established to deal with major violations that resulted in death or serious damage.
India’s Water Act of 1974 seeks to maintain the health of water bodies while preventing and controlling water pollution. In order to finance pollution control boards, a tax on industrial water use was created in the 1977 amendment. However, ineffective policing and poor water treatment facilities continue to be major issues.
Following the Stockholm Conference in 1972, India’s commitment to addressing air pollution was demonstrated by the Air Act of 1981. This law deals with vehicle pollution, stubble burning, and industrial pollutants. However, its influence is hampered by delays in enforcement and compliance problems. Fines and up to six years in jail are possible penalties for noncompliance, although the deterrent impact is frequently lessened by court delays.
The Forest (Conservation) Act of 1980 governs the clearing of forests and the conversion of forest land. The 1988 amendments brought in measures for compensatory afforestation, which mandates that developers must restore an area of forest equal to or double that which has been converted to non-forest use.
Significant updates include the creation of the Compensatory Afforestation Fund (CAMPA), requirements for consultations with tribal communities to protect their rights, and limitations on the act’s applicability to certain categories of forest land following the amendments made in 2023.
India’s obligations under the UN Convention on Biological Diversity (CBD) are in line with the Biological Diversity Act. It encourages fair benefit sharing, sustainable use, and protection of biological resources. This legislation forbids using biological resources for commercial or scientific reasons without permission from the National Biodiversity Authority (NBA).
CSR is required for businesses that reach certain financial limits under the Companies Act of 2013. Eligible businesses are required under Section 135 to donate a minimum of 2% of their net income to environmental or social causes. This guarantees corporate responsibility in tackling environmental and social issues.
Afforestation, pollution prevention, and sustainable development projects are frequently included in key corporate social responsibility (CSR) programs, demonstrating the growing congruence between business operations and environmental objectives. Penalties for non-compliance with CSR rules encourage greater commitment.
An important factor in the development of environmental jurisprudence in India has been the courts. PILs, or public interest litigation, have given individuals the authority to hold government and polluters accountable. Established in 2010, the National Green Tribunal (NGT) combines technical knowledge and legal ability to accelerate environmental matters.
In addition, courts have broadened their authority to include transboundary environmental offenses, establishing precedents for environmental equality and climate justice.
The judiciary has been instrumental in influencing India’s environmental policies through public interest litigation (PILs) and proactive rulings. Significant cases include:
Environmental monitoring is changing as a result of technological developments like artificial intelligence, drones, and satellite photography. These instruments improve the identification of illicit trash disposal, animal hunting, and deforestation. However, in order to provide fair access to these technologies, closing the digital gap is still crucial.
Women frequently take the lead in grassroots environmental campaigns in spite of prejudice and harassment. For environmental governance to be inclusive, their contributions must be acknowledged, and their rights must be protected.
There has been a surge in movements that emphasize climate justice and connect socioeconomic injustices with environmental deterioration. The necessity of combining environmental regulations with social justice frameworks is underscored by protests in more than 4,000 towns worldwide.
Although there are more than 200 central and state laws focused on environmental concerns, effective enforcement continues to be a major obstacle. Key issues include:
To tackle these issues, India needs to establish specialized environmental courts at both state and national levels, manned by judicial officers and ecological specialists. These courts would help expedite processes, minimize delays, and enhance enforcement mechanisms.
The environmental regulations in India are witness to the country’s dedication to sustainable development. But it’s crucial to close enforcement gaps and promote an accountable and conscious culture. To overcome these issues, cooperation between individuals, businesses, civil society, and lawmakers is essential.
India’s environmental governance will continue to be shaped by grassroots movements, judicial activism, and technological innovation. By combining these factors, India may become a world leader in striking a balance between economic expansion and environmental preservation, opening the door to a sustainable future.
Also Read: Tenant Rights vs. Landlord Rights: Striking a Balance in Indian Rental Law
References:
https://ijrpr.com/uploads/V5ISSUE4/IJRPR26164.pdf
https://www.nextias.com/blog/environment-protection-act-1986/
https://cpcb.nic.in/water-pollution/
https://byjus.com/free-ias-prep/air-prevention-and-control-of-pollution-act-1981/
https://www.geeksforgeeks.org/forest-conservation-act/
https://www.drishtiias.com/to-the-points/paper3/biological-diversity-act-2002
https://cleartax.in/s/corporate-social-responsibility
https://www.redalyc.org/journal/7039/703973419003/html/
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