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Environmental Law

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0% found this document useful (0 votes)
25 views3 pages

Environmental Law

Uploaded by

Hima Bindu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

The Water (Prevention and Control of Pollution) Act regulates and prevents water pollution in India,

promoting clean and sustainable water resources.

Preventing and controlling air pollution requires setting emission standards, promoting cleaner
technologies, enforcing laws, and raising public awareness.

The National Green Tribunal (NGT) is an Indian judicial body established in 2010 to handle
environmental cases swiftly, enforcing laws and resolving disputes concerning pollution and
conservation.

Laws related to endangered species aim to protect them by prohibiting activities like hunting,
trading, or harming them, along with measures for habitat conservation and penalties for violations.

Article 48A in the Indian Constitution emphasizes the State's duty to protect the environment,
forests, and wildlife, promoting their conservation and improvement.

The Green Belt Movement, founded by Wangari Maathai in Kenya in 1977, focuses on tree planting,
conservation, and community empowerment to combat deforestation and promote environmental
sustainability.

The Stockholm Conference in 1972 was a significant United Nations event that set the stage for
international cooperation on environmental issues. It resulted in the adoption of the Stockholm
Declaration, which outlined key principles for environmental protection and sustainable
development.

The Kyoto Protocol, adopted in 1997, is an international treaty setting binding targets for
industrialized countries to reduce greenhouse gas emissions, representing a significant step in global
efforts to combat climate change.

The Earth Summit, held in Rio de Janeiro in 1992, gathered world leaders to address global
environmental and development issues. It resulted in key agreements like the Rio Declaration,
Framework Convention on Climate Change, and Convention on Biological Diversity, shaping the
international environmental agenda.

The water (prevention and control of pollution) Act, 1974 hereafter called the water Act received the
Assent of the president of India on 23-03-1974

The main purpose of the Act, as enshrined in its preamble is:

1. To Prevent and control the pollution of water


2. to maintain and restore the wholesomeness of water
3. the establishment of central and state boards for prevention and control of water pollutions
4. to confer on such boards power to prevent and control water pollution and to maintain or
restore wholesomeness of water
5. to provide penalties for contravention of the provisions of the act and
6. to establish central and state water testing laboratories to enable the board to assess the
extent of pollution lay down standards and establish guilt or default

Prevention and control of air pollution

The Air (Prevention and Control of Pollution) Act, 1981 is an Act of


the Parliament of India to control and prevent air pollution in India. The law was
amended in 1987. This was the first attempt by the Government of India to
combat air pollution.
Air pollution is defined as the presence of any liquid or gaseous substances in the atmosphere in
such a concentration which tends to be injurious to man, animals, plants or environment.

• Air Act was passed under Article 253 of the Constitution of India and in pursuance of decisions of
Stockholm Conference.

1. The objective of this Act is to provide means for the prevention, control and abatement of air
pollution in order to preserve the quality of air.

2. The Act defines relevant terms such as air pollution, air pollutants, vehicular exhausts and
industrial plants etc.

3. The Act also includes automobiles, diesel vehicles, transport, railways and domestic fuels.

4. The Act provides, as per Section 19, the declaration of certain heavily polluted areas as Air
pollution control area and no industrial plant shall be operated in these areas without prior consent
of the State Pollution Control Board.

5. The Central and State Water Boards have been entrusted with the task of controlling and
preventing air pollution and accordingly they have been redesigned as Central Pollution Control
Board and State Pollution Control Board respectively.

6. The State Boards have to lay down and enforce standards for prevention and control of air
pollution.

7. Under Section 20 of the Act, the State Government in consultation with the respective Board m

National Green Tribunal

The National Green Tribunal has been established on 18th October 2010 under the National
Green Tribunal Act 2010, to dispose of the civil cases relating to environmental protection
and conservation of forests and other natural resources including enforcement of any legal
rights relating to environment.
Law related to endangered species
The Wild Life (Protection) Act, 1972 provides for punishment for violation of its provisions.
The Act also provides for forfeiture of any equipment, vehicle or weapon that is used for
committing wildlife offence(s). Law enforcement authorities in the States maintain strict vigil
against poaching of wild animals.
Prevention of cruelty against animal
Prevention of Cruelty to Animals Act, 1960, is an Act of the Parliament of India enacted in
1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the
laws relating to the prevention of cruelty to animals. The act defines "animal" as 'any living
creature other than a human being
Article 48A It reads as: The State shall endeavor to protect and improve the environment
and to safeguard the forests and wildlife of the country. This Article was added by the 42nd
Amendment, 1976 and places an obligation on the State to protect the environment and
wildlife.
Article 51-A (g) which deals with Fundamental Duties of the citizens states: “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 compassion for living creatures.”
The writ jurisdiction of the Supreme Court is set out in Article 32 of the Constitution. It
states that the Supreme Court shall have the power to issue writs for the enforcement of
Fundamental Rights. The writs issued by the Supreme Court are habeas corpus, mandamus,
prohibition, quo warranto and certiorari.
A writ petition can be filed before the Supreme Court, and the High Court under Articles 32,
and 226 respectively, in order to safeguard the fundamental right that has been infringed.
Writ petitions have often been restored in environment cases since the right to a free and
healthy environment has been an implied fundamental right recognized by Part III of the
Constitution of India.
Founded in 1977 by Professor Wangari Maathai, the Green Belt Movement (GBM) has
planted over 51 million trees in Kenya. GBM works at the grassroots, national, and
international levels to promote environmental conservation; to build climate resilience and
empower communities, especially women and girls; to foster democratic space and
sustainable livelihoods
The 1972 United Nations Conference on the Human Environment in Stockholm was the first
world conference to make the environment a major issue. The Stockholm Declaration,
which contained 26 principles, placed environmental issues at the forefront of international
concerns and marked the start of a dialogue between industrialized and developing
countries on the link between economic growth, the pollution of the air, water, and
oceans and the well-being of people around the world.
The Kyoto Protocol is an international agreement linked to the United Nations Framework
Convention on Climate Change. The major feature of the Kyoto Protocol is that it sets
binding targets for 37 industrialized countries and the European community for reducing
greenhouse gas (GHG) emissions.
The United Nations Conference on Environment and Development (UNCED), also
known as the Rio de Janeiro Earth Summit, Rio Summit, Rio Conference, and Earth
Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de
Janeiro (Brazil) from 3 to 14 June 1992. 172 governments participated, with 116
sending their heads of state or government.

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