Environmental Law: Write a note on history of Environmental Protection in India.

Historical Evolution of Environmental Pollution:

      1.   Introduction:
2.    Ancient Law Relating to Environment Pollution
3.    Environmental Law during British Period
4.    Environmental Law after Indian Independence
5.    Heritage Conservation Laws
6.    International Conferences and Convections
7.    Centre for environment education
8.    The National Environmental Engineering research Institute (Neeri)
9.    Conclusion

Introduction

 During Mughal Rule in India, More special law was enacted to control   Environmental Pollution.

During British period Environmental Pollution control provisions were incorporated in the Indian Penal Code.

Ancient Law Relating to Environment Pollution

     In ancient Days, society had paid more attention to protection of environment. The Kautilya’s Arthasasthra specified about Environmental pollution. Each individual had been under a tharmick duty of protecting nature.

     The Hindu religion, the cultural and religious scripts of India and the Vedas provided that man was ordained to worship and save the five basic nature elements namely the earth ,water ,air ,fire and space. Further Vedas say that man can take from earth as much he puts back to it.

      For causing injury to the plants, different punishments were prescribed in the Smiritis. Kautilya’s Arthasastra prescribed punishments for cutting important trees, which were considered as incarnation of GOD.

      Manu Code Imposes legal Duty on Mankind to Protect Forest and if any one damages forests then such person was punished.

      In short, in ancient period environmental protection was more of a moral code than of a Penal Law

Environmental Law during British Period

     The British Government felt the need of legal control of environmental pollution in the year 1860 and hence decided to enact Macaulay’s Penal Code 1860 law to control environmental pollution. Thus the Macaulay’s Penal Code 1860 was later on became the Indian Penal Code.

     There were provisions which made certain act as offences, if they affect the public health, safety, convenience, decency and morals.

Further Laws enacted later are:

1.    In 1882, The Indian Easements Act was enacted which provided many provisions to prevent water pollution, Air Pollution and Environmental pollution.

2.    In 1865, The first Indian Forest Act was enacted, Again in 1894, Forest Policy was formulated.

      In 1927, Indian Forest Act was enacted which divided into 4 Types Namely

i)                Reserved Forests

ii)               Village Forests

iii)             Protected Forests

iv)             Non- Government Forests

3.    In 1893, Northern India Canal and Drainage Act was passed.

4.    In 1923, the Indian Boiler Act was passed.

5.    In 1908, Code of Civil Procedure was passed.

Environmental Law after Indian Independence

    There was more awareness about hygienic and living environment and hence there was rapid growth of legislations to control environmental pollution.

The following are the important enactments passed by the parliament and the State legislatures to protect.

1    1.   Indian Constitution, 1950 has played major role in protection and improvement of environment. It has made environmental protection as a fundamental duty of citizens and also basic human right to live in a pollution free environment.

2    2. The Environment Protection Act 1986 was specifically enacted for the protection of environment.

3    3.    The Air (Prevention and Control of Pollution) Act 1981

4     4.  The Water (Prevention and Control of Pollution) Act 1974
 5.    The Wild Life Protection Act 1972
 6.     The Prevention of cruelty to Animals Act

7    7.    Biological Diversity Act, 2002
 8.    Atomic Energy Act
 9.    Indian Mines Act

1   10. The Factories Act, 1948
11.The Public Liability Insurance Act, 1991
12.The National Environment Tribunal Act, 1995 are some of the important enactments in the post independent period.

Heritage Conservation Laws

         We, the Citizens of India, Should also realize our duties for the protection of environment and heritage to enjoy the nature and secure our rich heritage

     As per Sec.30(1) of the above Act, If any person destroys, removes, injuries, alters, defaces, imperils or misuses a protected monument, sculpture, craving, image, inscription or other like object, then he is punishable with imprisonment upto 3 months or fine upto 500/- or both.

International Conferences and Convections

The following international convention conferences and declarations have played a significance role in the growth of environmental protection.

1.    Stockholm declaration on the Human Environment 1972 (U.N. Declaration agreements)

2.     i) Rio Declaration or United Nations conference on Environmental and Development – 1992

ii) Earth Summit Five -1997

3.    i) Convention on climatic change 1992 (Global warming)

ii) Kyoto Conference and Pact on Global warming 1997

iii) Global Environment Facility 1998

4.    Cherenobyll Nuclear Plant Disaster 1986

5.    Brundland Commission Report 1987

6.    Nairobi Declaration

7.    Cocoyoc Declaration – in environment and development, 1970

Centre for environment education:

 The Centre for Environment Education (CEE), Ahmedabad was set up in 1984 to develop and carry out nation-wide environmental education programmes and activities.

CEE strives to increase awareness and knowledge of key target groups (school children, local communities, women etc.) about various aspects of environment.

The Main Missions are:

• 1    Promoting environmental awareness among school, grass-root level organizations and the general public.
• 2    Strengthening capacities of educators and practitioners (teachers, local NGOs)
• 3    Understanding the major environmental issues facing India today and developing innovative solutions
• 4    Promoting Conservation of Nature.

The National Environmental Engineering research Institute (Neeri)

The National Environmental Engineering Research Institute (NEERI), Nagpur was established in 1958 as Central Public Health Engineering Research Institute (CPHERI)

The Major functions of NEERI are:

• To conduct research and developmental studies in environmental science and engineering.
• To render assistance to industries, local bodies etc in solving the problems of environmental pollution by science and technology interventions.
• To interact and collaborate with academic and research institutions for mutual benefits.
• To participate in CSIR thrust areas and mission projects

a)    Characterization of environmental quality in terms of physical, chemical and biological parameters.

b)    Technologies for preventions and control of air pollution, waste water and solid waste in terms of reduction, reuse, recycle and finally safe disposal.

c)     Innovative approaches to optimal utilization and conservation of environmental resources.

          NEERI is served by competent and experienced team of about 125 scientists in various core disciplines. The Institute has considerable capabilities and experience in the domain of environmental management and at present, the major R&D thrust areas pursed by the Institute include.

i.                 Research & Development Thrust Areas

·       Environmental Monitoring

·       Environmental Modelling

·       Environmental Biotechnology & Genomics

·       Environmental System Design and Optimization

·       Environmental Impact & Risk Assessment

·       Environmental Policy

ii.               Advisory Areas

·       Industries

·       Central Govt. Ministries/Boards

·       State Govt. Ministries/Boards

·       Judiciary

   NEERI’s focus areas are:

1.    Indoor Air Quality: Monitoring health impacts, public awareness and training.

2.    Ambient Air Quality: Urban air quality data-bank, inventorization, cost effective control.

3.    Drinking Water: Water quality surveillance, water treatment, supply and distribution and training for rural sector.

4.    Water Resources: river linking projects, artificial recharge of ground water and aquifers.

5.    Waste water :Recycling for Zero discharge

6.    Industry: Waste minimization, recovery and recycle of wastes, global environmental policies.

7.    Bio/Phyto Remediation: Reclamation and restoration of degraded lands (mine, spoil dumps, saline soil etc.)

8.    Municipal Solid & Hazardous Wastes: Design landfills and disposal systems.

9.    Energy Security: Biogas systems, Microbial production of hydrogen.

10.Health: Analysis for delineation of genetic disturbances due to the exposures of air pollutants.

Conclusion:

Though the origin and evolution of environmental protection are of the recent past, there has been a tremendous awareness among the people and there has been rapid growth in environmental protection and sustainable development.