Indian environmental jurisprudence has been significantly shaped by a series of landmark judgments (Image: Carbon Herald)
Environmental sustainability is a globally recognised need that has grown in prominence over the last few decades. Defined as the judicious use of natural resources to support long-term ecological balance, environmental sustainability presents an array of complex challenges, particularly for a populous and rapidly developing nation like India. Brandt Land's definition of 'sustainable development," from more than three decades ago, still holds true. The phrase covers development that meets the needs of the present without compromising the ability of the future generation to meet their own needs.
The Indian legal system has, over the years, evolved a comprehensive framework of legislations, regulations, and guidelines aimed at environmental protection and sustainability. This corpus of legal instruments, ranging from the Environment Protection Act, 1986, to innovative mechanisms upheld by the National Green Tribunal, forms the bedrock of India's endeavours towards balancing ecological conservation with socio-economic development.
Apart from the specific Acts, by way of the 42nd Constitutional Amendment, Article 48A was inserted in the Constitution in Part IV, stipulating that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Article 51A, inter alia, provides that 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.
Overview of Indian environmental laws
India's approach to environmental governance is based on a collection of important laws. These laws together create a structure that guides how we interact with the environment and puts restrictions on activities that could harm nature.
Central to this legislative compendium is the Environment Protection Act, 1986. Created after the Bhopal gas tragedy, this law signalled a significant change in how India thinks about preserving the environment. The Act gives the Central Government the power to manage the activities of various authorities that were set up under earlier laws, such as the Water Act of 1974 and the Air Act of 1981. It also allows the government to lay down procedures and safeguards for the handling of hazardous substances. Any violation of these provisions can lead to penalties, including imprisonment and fines, and these penalties can be levied repeatedly for ongoing violations.
The Water (Prevention and Control of Pollution) Act, 1974 is the first dedicated law for water pollution prevention and control in India and is a crucial component of this legal fabric. This Act provides the Central and State Pollution Control Boards with the mandate to preserve and rejuvenate the quality of water bodies and avert their contamination. It includes provisions that forbid the discharge of pollutants into water bodies beyond a certain limit and requires the consent of the relevant Pollution Control Board for setting up any industrial operation or process that could discharge sewage or trade effluent into a water body. The contravention of these provisions invites punitive measures, including fines and imprisonment.
The Air (Prevention and Control of Pollution) Act, 1981 similarly provides a structure for preventing and controlling air pollution in the country. Under this Act, no person can operate certain types of industrial plants without consent from the State Pollution Control Board. In the event of a violation, the Act provides for penalties, including fines and imprisonment. The Act also empowers State governments to declare pollution control areas and enact additional regulations for the control of air pollution in those areas.
Collectively, these statutes, among others, form the backbone of India's legal response to environmental sustainability. These laws are crucial to India's commitment to preserving its natural resources and ensuring a future that respects and protects the environment.
Landmark cases and their influence
Indian environmental jurisprudence has been significantly shaped by a series of landmark judgments, reinforcing the constitutional directive of environmental conservation and leading the way for sustainable practices.
In the case of M.C. Mehta vs. Union of India [(2004) 12 SCC 118], the Supreme Court was dealing with the issue of rampant mining activities in the Aravali hills near Delhi-NCR causing environmental degradation and the directions to be issued in respect thereof. The Supreme Court, after examining various reports by the Environment Protection Authorities, held that any mining activity on the area under the plantation under the Aravalli project cannot be permitted. The grant of leases for mining operations over such an area would be wholly arbitrary, unreasonable and illogical. The Supreme Court directed the state government to immediately start the environmental upgrade measures as suggested in the judgment.
In the case of M. K. Ranjitsinh vs. Union of India [ order dated April 19, 2021 in Writ Petition No. 838/2019], the Supreme Court was dealing with the measure to be taken for the protection of a bird, the Great Indian Bustard. The issue was that these birds were colliding with the overhead power lines and were getting killed due to such collisions. In view of such a collision, the Supreme Court formed a Committee of Experts to take preventive measures. The areas were divided into potential and priority habitats for the Great Indian Bustard, and it was eventually directed that wherever technically feasible, underground power lines be laid down, and in cases where the same is not possible, bid diverters be installed on these lines.
Role of the National Green Tribunal
Established under the National Green Tribunal Act, 2010, the National Green Tribunal (NGT) is a specialised forum for addressing environmental disputes and concerns in India. The NGT serves to enforce environmental laws, provide relief for damages related to the environment, and conserve forests and other natural resources.
The formation of the NGT aimed to expedite environmental justice in India and enhance the enforcement of environmental laws. The Tribunal, equipped with environmental expertise, lightens the load on traditional courts and offers an adept platform for handling environmental matters.
The NGT's rulings have significantly influenced environmental sustainability in India. In cases such as Almitra Patel vs Union of India, the NGT pushed for an action plan on waste management across all states and Union Territories. In Manoj Misra vs Union of India, the Tribunal called for the restoration of the Yamuna floodplains, emphasising the importance of ecosystem preservation.
Moreover, the NGT's stance on the 'Polluter Pays Principle' in the Art of Living case, where it imposed environmental compensation for damage caused to the Yamuna floodplains, underscores the Tribunal's commitment to environmental accountability.
Through these influential rulings, the NGT has consistently upheld the essence of environmental laws, playing a crucial role in advancing India's environmental sustainability.
Challenges and recommendations
Implementing and enforcing environmental laws in a diverse and populous country like India presents its own unique set of challenges. The chief among these is the lack of effective enforcement due to capacity constraints. Although India has a robust legal framework, its effective implementation often suffers due to a shortage of resources, both human and financial, in enforcement agencies.
Additionally, the country grapples with gaps in monitoring and compliance mechanisms. Insufficient data collection and a lack of advanced technological tools to monitor environmental standards often lead to ineffective regulation and control of environmental violations. Moreover, there are instances of a lack of awareness and understanding of environmental laws among the public, making compliance a challenge.
From our law firm's perspective, the following recommendations could be considered to address these challenges and bolster environmental sustainability.
Firstly, it is imperative to augment the resource capacity of enforcement agencies. Hiring more personnel, improving their technical training, and providing them with modern technological tools can strengthen the enforcement mechanism.
Secondly, efforts should be made to enhance the monitoring and compliance mechanisms. Adopting advanced technologies for environmental monitoring and data collection can ensure accurate and real-time tracking of violations. Compliance can also be improved by making environmental impact assessments mandatory for all projects with significant environmental implications.
Lastly, a nationwide awareness campaign about the importance of environmental laws and the consequences of non-compliance should be initiated. This could involve collaborating with community organisations, educational institutions, and media outlets to disseminate information about the legal provisions related to environmental protection and sustainability.
In conclusion, while the challenges in enforcing environmental laws are significant, a strategic and concerted effort, encompassing capacity building, technological advancement, and public awareness, can go a long way in promoting environmental sustainability in India.
Author: Pallavi Saigal is a Sr. Associate with R. Associates and can be reached at pallavi.saigal@rassociates.in
