Indian environmental law

Indian environmental law concerns the law and policy of India concerning the protection of the environment, measures taken to reverse climate change and achieve a zero carbon economy.

History

It was the Bhopal Gas Tragedy which necessitated the Government of India to enact a comprehensive environmental legislation, including rules relating to storing, handling and use of hazardous waste. On the basis of these rules, the Indian Parliament enacted the Environment Protection Act, 1986. This is an umbrella legislation that consolidated the provisions of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981. Within this framework of the legislations, the government established Pollution Control Boards (PCBs) in order to prevent, control, and abate environmental pollution. The objective of the Environment Protection Act is to protect and improve the environment in the country. BHOPAL DISASTER The Bhopal disaster, also referred to as the Bhopal Gas Tragedy, was a gas leak incident in India, considered one of the world’s worst industrial disasters. It occurred on the night between 2nd and 3rd December, 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh. Over 500,000 people were exposed to methyl isocyanate gas and other chemicals. The toxic substance made its way in and around the shanty-towns located near the plant. Estimates vary on the death toll. The official immediate death toll was 2,259. The government of Madhya Pradesh confirmed a total of 3,787 deaths related to the gas release. According to other estimates, around 8,000 died within two weeks and another 8,000 or more have since died from gas-related diseases. A government affidavit in 2006 stated the leak caused 558,125 injuries including 38,478 partial disabling injuries and approximately 3,900 severe and permanent disabling injuries.

General protection

The Environment Protection Act, 1986.[1] is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards.

  • The National Green Tribunal established under the National Green Tribunal Act of 2010[2] has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
  • The Public Liability Insurance Act, 1991
  • National Green Tribunal Act

Air pollution

Water

Legislation to protect water quality include:

Forests and wildlife

Waste management
  • Batteries (Management and Handling) Rules, 2001
  • Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
  • Basel Convention on Control of TransboundaryMovements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
  • Hazardous Wastes (Management and Handling) Amendment Rules, 2003[5]
  • Construction and Demolition Waste Management Rules, 2016

See also

Notes

References
  1. "THE ENVIRONMENT (PROTECTION) ACT, 1986". envfor.nic.in. Archived from the original on 2002-06-13. Retrieved 2015-08-27.
  2. "Archived copy" (PDF). Archived from the original (PDF) on 2013-08-10. Retrieved 2017-11-13.CS1 maint: archived copy as title (link)
  3. "THE INDIAN WILDLIFE (PROTECTION) ACT, 1972". envfor.nic.in. Retrieved 2015-08-27.
  4. Rhuks Temitope, "THE JUDICIAL RECOGNITION AND ENFORCEMENT OF THE RIGHT TO ENVIRONMENT:DIFFERING PERSPECTIVES FROM NIGERIA AND INDIA", NUJS LAW REVIEW, January 2, 2015
  5. Surendra Malik, Sudeep Malik. Supreme Court on Environment Law (2015 ed.). India: EBC. ISBN 9789351451914.
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