India’s environmental legal framework is a complex and evolving system designed to protect and conserve the country’s natural resources, control pollution, and promote sustainable development. This article provides a comprehensive overview of the key environmental laws, acts, rules, and notifications in India, drawing from the provided documents.
Constitutional Mandate:
The Indian Constitution explicitly states that it is the duty of the state to protect and improve the environment and safeguard forests and wildlife. It also imposes a duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife. These provisions are enshrined in the Directive Principles of State Policy and the Fundamental Duties.
Key Environmental Laws in India:
The following is a list of significant environmental legislations in India, categorized for clarity:
General Environmental Protection:
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The Environment (Protection) Act, 1986 (EPA): This is an umbrella legislation that empowers the central government to protect and improve environmental quality, control and reduce pollution, and restrict industrial activities on environmental grounds. It is a key law that provides a framework for environmental governance in India.
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The Environment (Protection) Rules, 1986: These rules lay down procedures for setting standards for emissions and discharges of environmental pollutants.
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National Green Tribunal Act, 2010: Establishes the National Green Tribunal (NGT), which has jurisdiction over all environmental cases dealing with substantial environmental questions and water pollution.
Air Pollution:
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The Air (Prevention and Control of Pollution) Act, 1981: Provides for the control and abatement of air pollution and empowers the Central Pollution Control Board (CPCB) to enforce this Act.
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The Air (Prevention and Control of Pollution) Rules, 1982: Defines the procedures for meetings of the Boards and the powers entrusted to them.
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The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983: Specific rules for Union Territories.
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Air (Prevention and Control of Pollution) Amendment Act, 1987: Empowers central and state pollution boards to meet grave emergencies of air pollution.
Water Pollution:
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The Water (Prevention and Control of Pollution) Act, 1974: Establishes an institutional structure for preventing and abating water pollution, setting standards for water quality and effluent. It also establishes the Central Pollution Control Board (CPCB).
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The Water (Prevention and Control of Pollution) Cess Act, 1977: Provides for the levy and collection of cess or fees on water-consuming industries and local authorities.
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The Water (Prevention and Control of Pollution) Cess Rules, 1978: Contains standard definitions and indicates the kind and location of meters that every consumer of water is required to affix.
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Ganga Action Plan, 1986: A major initiative to clean the river Ganga.
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National Water Policy: A framework for water resource management.
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The Easement Act, 1882: Allows private rights to use groundwater, viewing it as an attachment to the land, and states that surface water belongs to the state.
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The River Boards Act, 1956: Enables states to enroll the Central Government in setting up an Advisory River Board to resolve issues in inter-state cooperation.
Hazardous Waste Management:
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Hazardous Wastes (Management and Handling) Rules, 1989: Controls the generation, collection, treatment, import, storage, and handling of hazardous waste.
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The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989: Defines terms and sets up an authority to inspect industrial activities related to hazardous chemicals.
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The Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms/Genetically Engineered Organisms or Cells Rules, 1989: Regulates the use of gene technology and micro-organisms.
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E-Waste (Management) Rules, 2016: Regulates the management of electronic waste.
Other Key Laws:
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The Public Liability Insurance Act, 1991 and Rules and Amendment, 1992: Provides for public liability insurance for immediate relief to those affected by accidents involving hazardous substances.
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National Environment Tribunal Act, 1995: Created to award compensation for damages to persons, property, and the environment arising from hazardous activities.
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National Environment Appellate Authority Act, 1997: Created to hear appeals regarding restrictions on areas where certain industries are carried out.
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Biomedical Waste (Management and Handling) Rules, 1998: Provides a legal framework for the proper handling of hospital waste.
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Motor Vehicles Act, 1988: States that all hazardous waste is to be properly packaged, labeled, and transported.
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The Indian Fisheries Act, 1897: Establishes penalties for using explosives or poisons to catch or destroy fish.
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The Merchant Shipping Act, 1970: Aims to deal with waste arising from ships along the coastal areas.
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The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Bill, 2003: Regulates tobacco products.
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Prohibition of Smoking in Public Places Rules, 2008: Prohibits smoking in public places.
Forest and Wildlife:
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Indian Forest Act, 1927 and Amendment, 1984: Consolidates laws related to forests and forest produce.
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Wildlife Protection Act, 1972, Rules, 1973, and Amendment, 1991: Provides for the protection of birds and animals and their habitats.
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The Forest (Conservation) Act, 1980 and Rules, 1981: Provides for the protection and conservation of forests.
Industry Classification for Pollution:
The Ministry of Environment, Forests, and Climate Change has classified industries based on their pollution potential:
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Red Category: Industries with a Pollution Index (PI) score of 60 and above, including asbestos, nuclear power plants, shipbreaking, and oil and gas extraction.
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Orange Category: Industries with a PI score of 41 to 59, including food processing, printing ink manufacturing, paint blending, and pharmaceutical formulations.
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Green Category: Industries with a PI score of 21 to 40, including sawmills, tire retreating, and plastic products.
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White Category: Industries with a PI score up to 20, including solar power generation, wind power, and mini-hydroelectric power plants.
Environmental Integrated Permits:
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An integrated permit system allows a single permission to suffice for multiple consents and permits.
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A combined consent application can be submitted to the State Pollution Control Board to obtain ‘consent to establish’ and ‘consent to operate’ under the Water Act, Air Act, and Hazardous and Other Waste Rules, 2016.
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The E-Waste (Management) Rules, 2016, introduced a centralized application form for producers to obtain authorization.
Validity of Environmental Permits:
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State Pollution Control Boards determine the duration of consents and permits, with initial ‘consent to establish’ typically valid for a year.
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‘Consent to operate’ permits can vary from 3 to 5 years.
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Renewal applications are generally granted 60 to 120 days before expiry.
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Longer permits of up to 5 years are available under the E-Waste Rules and Hazardous and Other Waste Rules, 2016.
Transfer of Permits:
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New acquirers or transferees must submit an application to the regulatory authority with an undertaking to comply with existing conditions.
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The owner must provide a no-objection certificate.
India’s environmental laws are extensive and cover a wide range of issues, from pollution control to the protection of forests and wildlife. These laws are crucial for ensuring sustainable development and protecting the environment for future generations. Awareness of these laws is essential for all stakeholders, including industries, government bodies, and the general public.