JAMIA MILLIA ISLAMIA, NEW DELHI

FACULTY OF LAW

ASSIGNMENT FOR ENVIROMENTAL LAW

TOPIC: ENVIROMENTAL POLICY IN INDIA

PRESENTED BY:

NAME : DIAPANSHU PATHAK

ROLL NO. : 17

SEMESTER: VIth SEMESTER

COURSE: B.A.LL.B (Hons.)

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 TABLE OF CONTENTS

Sr. No. TOPIC Pg. No.

1. ACKNOWLEDGEMENT 4

2. INTRODUCTION 5

3. GOALS OF EINVRONMENTAL POLICY 5

4. 6
ENVIRONMENTAL POLICY - PRE STOCKHOLM PERIOD
(PRIOR TO 1972)

5. 6-9
ENVIRONMENTAL POLICY - POST STOCKHOLM PERIOD
(AFTER 1972)

6. 9
RIO CONFERENCE POLICY (1992)

7. INDIAN ENVIRONMENTAL POLICY (1992) 9-10

8. FOREST POLICY (1988) 10

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 9. NATIONAL CONSERVATION STRATEGY (1992) 11

10. POLICY STATEMENTS AND COURTS 11

11. POST STOCKHOLM ENVIRONMENTAL LEGISLATIONS 11-12

12. CONCLUSION 13

13. REFERENCES 14

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 ACKNOWLEDGEMENT

Firstly, I would like to thank the most respected Dean, Mam Nuzhat Parveen Khan to provide this
opportunity to me. Further I would like to thank my subject teacher for the subject Dr. Ghulam
Yazdani who gave me this golden opportunity to research on the topic – “Enviromental Policy
India”. This assignment work assigned to me has proved to be very fruitful in acquiring a deep
understanding and knowledge regarding the topic.
Finally, I would like to thank my Parents, who always supported and promoted my interest
without whose constant support and blessings this assignment would not have been completed.

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 INTRODUCTION

Policy is the sum total of the values to which a person or a group of persons or institutions social,
legal and governmental - consider as important in their relation with one another. Environmental
policies have to be formulated in the credible of social morals and values - the public opinion
representing the views of both the elite expert and lay public. A clear vision should be there
reflecting all the conflicting values and the vision is called policy and the translation into legal
frame work called law. Indian concern for the environment is as old as our origin of civilization.
Ancestors did understand the meaning of environment as "the environment is sum total of water,
air and land, inter-relationships among themselves and also with the human beings, other living
organisms and property." This definition appears in the Environment (Protection) Act, 1986.The
Arthashastra by Kautilya described environmental policy, written as early as between 321 and
300 BC, contained provisions meant to regulate a number of aspects related to the environment.
In recent years, particularly since the early 1970’s, the world has become increasingly sensitized
to environmental issues. These issues cut across many disciplines and occur at different spatial
scales. The unprecedented population growth and advanced technology have led to man’s impact
on environment becoming appreciable, so that, there is mounting pressure on both environment
and resources. Today there is considerable concern as to whether the earth’s life support system
itself is being jeopardized (Sarkar, 1994).

GOALS OF ENVRONMENTAL POLICY

The goals of the Environmental policy may be formulated in several ways - to protect human
health, ensure viability of wild life, preservation of historic monuments, stopping further
degradation of the environment etc. The policy is the overall environmental intention and
direction forming the backbone and skeletal framework, from which all other environmental
components are hung including environmental management systems, audits, assessments and
reports. A set of environmental objectives, derived from the policy, define the overall goals which
will ensure that the company's environmental performance will remain consistent with the
commitment identified in its policy when its environmental management system (EMS) is
implemented, Environmental targets reflect the requirements and standards that the company
must strive to achieve each objective and minimize any harmful environmental impacts from its
production and manufacturing processes or other activities.

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 ENVIRONMENTAL POLICY - PRE STOCKHOLM PERIOD (PRIOR TO 1972)

In the early years of Independence there was no precise environmental policy and not much
attempts were made to frame any specific policy or law for the protection of environment. This
period had more stress on the development of infrastructure with little concern for environmental
issues. Various environmental concerns like sewage disposal, sanitation, public health etc., were
dealt with different ministries of government. However, the concern for environmental protection
was reflected in the national planning process and forest policy. The 24 United Nations General
Assembly decided to convene a conference on Human Environment in the year 1972 and it
requested the member countries to prepare a report on the same. India as a member country of
United Nations was also requested to do the same. The Government of India set up a committee
on Human Environment under the Chairmanship of Dr. Pitambar Pant, member of the Planning
Commission to prepare a report. The report indicated the need for establishing greater co-
ordination and integration in Environmental Policies and Programs. In February 1972 a National
Committee on Environmental Planning and Co-ordination (NCEPC) was established in the
Department of Science and Technology. This was the apex advisory body in all the matters
pertaining to environmental protection and improvement. The committee was assisted by
Department of Science and Technology and an Office of the Environmental Planning and Co-
ordination (OEPC) was set up under the direction of the Chairman of the committee. Major
activities of the OEPC included collaboration with the project appraisal division of the planning
commission in developing guidelines for evaluating the relevant costs and benefits of
developmental projects by taking into account the environmental factors and formulation of
proposals and co-ordination of research programs on environmental problems.

ENVIRONMENTAL POLICY - POST STOCKHOLM PERIOD (AFTER 1972)

For the first time the importance of preserving the quality of life and promoting the environment
along with development was stressed in the fourth Five Year Plan (1969 to 1974) with a chapter
on long term perspective. However it was only diming the fifth (1974-79) and sixth (1980-85)
five year plans, concerns that were expressed in the fourth plan were made into a concrete one by
initiating several programs.

Fifth Five Year Plan

The fifth five year plan (1974-79) stressed the need to have a close association with National
Committee on Environmental Planning and Co-ordination with all major industrial decisions so
that environmental goals are fully taken into account. It also stressed that in the process and
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 pursuit of development there should not be any reduction in the quality of life and the link was
very much stressed between developmental planning and environmental management.

Sixth Five Year Plan

In the sixth five year plan (1980-85) an entire chapter on ‘Environment and Development’ was
included which emphasizes sound environmental and ecological principles in land use agriculture,
forestry, wild life, water, air, marine environment, minerals, fisheries, renewable energy sources,
energy and human settlements. It provided guidance on environmental concerns to administrators
and resource managers in formulating and implementing programs and lay down an institutional
structure for environmental management in the Central and State Governments.

Tiwari Committee (1980)

The Government of India set up a committee in January 1980 under the Chairmanship of Shri.
N.D. Tiwari, then Deputy Chairman of the Planning Commission to review the existing
environmental legislations and recommend legislative measures and administrative machinery for
environmental protection. The committee stressed the need for the proper management of the
country’s natural resources of land, forest and water in order to conserve the nation’s ecological
bases.

The committee’s recommendations were:

 Creation of comprehensive environmental code to cover all types of pollution and

environmental degradation.
 Constitution of environmental Courts in all district headquarters and appointment of
experts to assist the Court.
 Creation of Department of Environment.
 Setting up a Central Land Commission.
 Provisions of economic incentives to industries to encourage environment friendly
products, income tax and sales tax benefits for adapting cleaner technology, investment
tax, credits for purchases of purification devices, replacement cost of purification
equipment in annual operating costs and minimal tax or no tax on the manufacture of
pollution control devices.
 Making environmental impact assessment, not only a prerequisite for industry to start but
also repeated periodically.

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 The emphasis laid in the planning commissions’ reports and Tiwari committee’s
recommendations led the Government of India to set up a separate department namely
Department of Environment in the year 1980. To improve the implementation of laws and policy
directives the Department of Environment was replaced by an integrated Department of
Environment, Forests and Wild life in the year 1985, which later on expanded into a Ministry
namely Ministry of Environment and Forests.

Ministry of Environment and Forests

The Ministry of Environment and Forests serves as the nodal agency in the administrative
structure of the Central Government for planning, promotion and co-ordination of environmental
and forestry programs. Its major activities include:

 Conservation and survey of fauna, flora and wild life.

 Prevention and control of pollution.
 Afforestation and regeneration of degraded areas and protection of environment.
 Promotion of research, extension education and training to augment the manpower.
 Collection, compilation, storage and dissemination of environmental information.
 Creation of environmental awareness at different levels.

Later on two more agencies were created to tackle specific environmental problems viz.

1. National Waste Land Development Board

2. Central Ganga Authority

Establishment of Pollution Control Boards

In order to prevent and control water pollution, the Parliament enacted the Water (Prevention and
Control of Pollution) Act in the year 1974 and similarly to prevent and control air pollution, the
Air (Prevention and Control of Pollution) Act in the year 1981.

The Central Pollution Control Board was constituted under Section 3(1) of the Water (Prevention
and Control of Pollution) Act in the year 1974.

Subsequently different states constituted State Pollution Control Boards in their respective states
under the Section 4(1) of the Water (Prevention and Control of Pollution) Act 1974.

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 The major founding objectives of these boards were:

 To advice the government on any matter concerning the prevention and control of
pollution.
 Investigation and research related to the problems of pollution prevention, control and
abatement.
 Organize through mass media comprehensive programs regarding prevention and control
of pollution.
 To provide technical assistance and guidance to the State Boards and co-ordinate the
activities of the State Boards and resolve disputes among them.
 Plan and organize training programs for the prevention, control or abatement of
pollution.
 Collect, compile and publish technical and statistical data relating to pollution.

RIO CONFERENCE POLICY (1992)

The United Nations Conference on Environment and Development (1992) (Rio Conference)
specified the policy statement for the abatement of pollution.

 To incorporate environmental costs in the decisions of producers and consumers.

 To reverse the tendency to treat environment as a ‘free good’ and to pass these costs onto
other parts of society or other countries or to future generations.
 To move fully towards the integration of social and environmental costs into economic
activities so that prices will appropriately reflect the relative scarcity and total value of
resources and contribute towards the prevention of environmental degradation.
 To include wherever appropriate the use of market principles in the framing of economic
instruments and policies to pursue sustainable development (Agenda 21 Chapter 8).

INDIAN ENVIRONMENTAL POLICY (1992)

The Ministry of Environment and Forests, Government of India in the same year 1992 announced
a policy statement for abatement of pollution. The Preamble not only spells out the objectives but
also shift emphasis from defining the problem area towards actual implementation for achieving
the objectives. The policy stresses:

 The need for a positive attitude on the part of e

 Everyone in the society to prevent pollution.

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  The need for a comprehensive approach to integrate environmental and economic aspects
in development planning.
 Preventive aspects of pollution abatement and promotion of technological inputs to
reduce industrial pollutants and reliance upon public co-operation in securing a clean
environment to respond to the coming challenges.
 The integration of environmental considerations into decision making at all levels.

The policy statement adopts the following fundamental guiding principles.

 Retention of pollution at source

 The adoption of the best available technology
 The polluter pays principle : and
 Public participation in decision making.

The policy favors a combination of regulatory and market based instruments to prevent and
control pollution.

There has been considerable activity in the states also. The Maharashtra State in the year 1997
announced a policy to restore the quality of its river waters and achieve ambient water quality
standards. In the same year Haryana State announced a comprehensive conservation policy to
improve pollution control.

FOREST POLICY (1988)

The major objectives of the new Forest Policy adapted in the year 1988 are as follows:

 Maintenance of environmental stability through preservation and wherever necessary

restoration of the ecological balance.
 Conserving the natural heritage of the country.
 Increasing substantially the forest / tree cover in the country through massive
afforestation and social forestry programs.
 Meeting the requirements of fuel wood, fodder, minor forest produce and small timber of
the rural and tribal populations.
 Creating a massive people’s movement with the involvement of women for achieving the
objectives and minimize pressure on existing forests.

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 NATIONAL CONSERVATION STRATEGY (1992)

The National Conservation Strategy and policy statement of Environment and Development
adapted in June 1992. The Policy

 Provides the basis for the integration and industrialization of environmental

considerations in the policies and programs of different sectors.
 Emphasizes sustainable life styles and proper management and conservation of
resources.
 Provides biomass on sustainable basis to the rural poor.
 Provides promotion between forests based industry and farmers.

POLICY STATEMENTS AND COURTS

Even though policy statements are non-enforceable in Court of law, these statements represent a
broad political consensus and enlarge the duties of government under the directive principles of
state policy contained in the Part IV of the Constitution. Also these policy statements help the
judges to interpret environmental statutes and spell out the obligations of government agencies
under environmental laws. Sometimes a clear environment policy statement persuade the judge to
prefer more environmental friendly interpretation and conservative approach.

POST STOCKHOLM ENVIRONMENTAL LEGISLATIONS

A plethora of Environmental Legislations have been enacted by Parliament, especially after the
Stockholm Declaration (1972). These legislations have direct control in the protection,
preservation and conservation of environment and prevention and control of pollution

 National Environment Policy, 2006

It is recognized that the maintenance of the Healthy environment is not the responsibility of the
state alone. It is the responsibility of every Citizen and thus a spirit of partnership is to be realized
through the environment Management of the country. Here is the summary of the National
Environment Policy 2006.

 Biological Diversity Act, 2002

The Biological Diversity Act, 2002 is a federal legislation enacted by the Parliament of India for
preservation of biological diversity in India, and provides mechanism for equitable sharing of

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 benefits arising out use of traditional biological resources and knowledge. The Act was enacted to
meet the obligations under Convention on Biological Diversity (CBD).
 The Indian Forest Act, 1927
This act was largely based on previous Indian Forest Acts implemented under the British. The
first and most famous was the Indian Forest Act of 1878. Both the 1878 act and the 1927 one
sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate
movement and transit of forest produce, and availability on timber and other forest produce.
It also defines the procedure to be followed for declaring an area to be a Reserved Forest, a
Protected Forest or a Village Forest. It defines what is a forest offence, what are the acts
prohibited inside a Reserved Forest, and penalties on violation of the provisions of the Act.

 The Water (Prevention and Control of Pollution)Act, 1974

The Water Act was enacted by Parliament Act, 1974 purpose to provide for the prevention of
control of water pollution and the maintaining or restoring of wholesomeness of water. As on day,
it is applicable in all the states of India.
The first important environmental law enacted by Parliament is the Water (Prevention and
Control of Pollution) Act, 1974. As water is a state subject and as 12 states had passed the
enabling resolutions, the Government of India. It defines pollution ‘such contamination of water
or such alteration of the physical, chemical or biological properties of water of such discharge of
any sewage or trade effluent or of any other liquid, gaseous or solid substance into water(whether
directly or indirectly)as mayor it is likely to create nuisance or rend such water harmful or
injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other
legitimate uses, or to the life and health of animals or of aquatic organisms’.

 The Air (prevention and control of pollution) Act, 1981

The presence in air, beyond certain limits, of various pollutants discharged through industrial
emission and from certain human activities connected with traffic, heating, use of domestic fuel,
refuse incinerations, etc; has a effect on the health of the people as also on animal life, vegetation
and property. The Central Government legislated the bill to implement the decisions taken
regarding the preservation of the quality of Air and control of air pollution, in Stockholm in the
United Nations Conference on the Human Environment, held in June, 1972.

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 CONCLUSION

An ethical approach should be sensible and realistic and we have to belief that we must
recognize the rights which the nature has it by itself and let natural systems to survive and be in
their original form.

As it is said in the Holy Bible:

“And God said, Let us make man in our image, after our likeness: and let them have dominion
over the fish of the sea, and over the fowl of the air, and over the earth, and over everything
that crept upon the earth. So God created man in his own image, in the image of God created he
him; male and female created he them. And God blessed them, and God said upon them, be
fruitful and multiply, and replenish the earth, and subdue it; and have dominion over the fish of
the sea and over the fowl of the air, and over every living thing that moved upon the earth.”
(Genesis 1:26-28)

All the believers must think they have a very important role to play by teaching the moral
values and in educating people about the ecological awareness, which is none other than
responsibility towards our-self and, towards others that is God's creation. One must understand
that Environmental ethics is not in need of a concept of value like a quality which is
independent of human judgments or any interests.

We have been making decisions, taking actions, and assigning values that are leading us
away from the world as it should be, away from the design of God for creation, away from all
that is essential for a healthy planet and a healthy commonwealth of people. A new approach
and a new culture are needed, based on the centrality of the human person within creation and
inspired by environmentally ethical behavior stemming from our triple relationship to God, to
self, and to creation.

Humans are a part of the natural world and as such we must strive to connect with it. The
continued loss of natural habitat disconnects us from this world and decreases out awareness of
nature. We should believe that are the guardians of this world and all of its natural beauty; and
so, we must protect it at all costs and remember that as long as we do not overuse the
environment, everything will be fine and as long as we replace what we take, the world will
survive.

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 REFERENCES

 J.R.Des Jardins,Environmental Ethics:An introduction to Environmental Philosophy

(Wardsworth,2nd edition,1997)

 http://highered.mcgraw-hill.com/sites/0070294267/student_view0/glossary_e-l.html

 http://environment.nelson.com/0176169040/glossary.html

 http://www.slideshare.net/skambalu/environmental-ethics-3-presentation

 Environmental news from Wikipedia

 Marshall, 2002, The Unity of Nature, Imperial College Press: London

 http://www.scienceclarified.com/El-Ex/Environmental-Ethics.html

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