Unit 4: Environmental Legislation & Environment Protection Acts

Objectives

After going through this unit, you will be able to:

• Explain the meaning of environmental legislation

• Discuss the Air Prevention & Control of Pollution Act, 1981
• Describe the major highlights of the Air Prevention & Control of Pollution Act
• Describe the Water Prevention & Control of Pollution Act, 1974
• Describe the Environment Protection Act, 1986
• Discuss the objectives of the Environment Protection Act and major highlights of the
Environment Protection Act
• Discuss the Wildlife Protection Act, 1972, and Forest Conservation Act, 1980
• Elucidate the National Green Tribunal Act, 2010

Structure

4.1 Meaning of Environmental Legislation

4.1.1 Importance of Environmental Legislation.
4.1.2 Objectives of Environmental Legislation
4.2 Air Prevention & Control of Pollution Act,1981
4.2.1 Objectives of Air Prevention & Control of Pollution Act
4.2.2 Major Highlights of Air Prevention & Control of Pollution Act
4.3 Water Prevention & Control of Pollution Act,1974
4.3.1 Objectives of Water Prevention & Control of Pollution Act
4.3.2 Major Highlights of Water Prevention & Control of Pollution Act
4.4 Environment Protection Act,1986
4.4.1 Objectives of Environment Protection Act
4.4.2 Major Highlights of Environment Protection Act
4.5 Wildlife Protection Act,1972
4.5.1 Objectives of Wildlife Protection Act
4.6 Forest Protection Act,1980
4.6.1 Objectives of Forest Conservation Act
4.6.2 Major Highlights of Forest Conservation Act
4.7 National Green Tribunal Act,2010
4.7.1 Objectives of The National Green Tribunal Act
4.7.2 Major Highlights of National Green Tribunal Act
4.8 Understanding Environmental Ethics
4.8.1 Meaning of Environmental Ethics
4.8.2 Need And Importance of Environmental Ethics
4.8.3 Environmental Ethics In India
4.9 Summary
4.10 Key Words

4.1 MEANING OF ENVIRONMENTAL LEGISLATION

Environmental legislation is a set of laws that are needed for protecting the environment
and creating a healthy place for the people to live in. Environmental legislation is needed for
taking care of the environment and preventing its misuse. Also, it protects the environment
from harmful pollutants. It helps in preventing over-exploitation of natural resources,
destructive methods of pollution, use of chemicals and hazardous substances,
deforestation, poaching, and so many other issues which impact the environment and
creates unhealthy situations. To protect the environment from illegal practices, urbanization
and the growing population require environmental laws and regulations for safeguarding
the environment.

Environmental legislation is needed for addressing and protecting the natural environment,
wildlife, forests, lakes, and rivers. Even the constitution of India has emphasized the need
for conserving the environment and protecting natural resources.

Environmental legislation is needed for protecting the environment in the following

manner:
 • Improving the quality of water: Environmental laws are needed to handle problems
like treating surface water run-off and wastewater along with laws for determining
the pollution of water and water management.

• Proper waste management: All kinds of wastes, such as bio-medical waste,

municipal waste is hazardous. Therefore, it is important to manage waste.

• Cleaning of contaminant: Effective measures and policies for handling levels of

pollution and cleaning of contaminants are needed. Also, regulations and effective
penalties and punishment should be determined for protecting the environment
from pollution.

• Regulation for managing chemicals: Effective methods and safety regulations are
needed regarding hazardous substances and chemicals, such as pesticides, oil spills,
or other kinds of substances.

• Prohibition on poaching, hunting, and fishing: Environmental laws may regulate and
protect the wildlife population. The government regulates poaching and hunting
through the licensing policy.

4.1.1 Importance of environmental legislation.

The importance of environmental legislation is needed for protecting the environment from
being exploited and for ensuring that it is well conserved for all living beings. The laws for
the environment provide a guideline for creating environmental awareness and policies and
ensure that humans do not degrade the environment. Environmental legislation requires
safeguarding the environment and conserve it for the future. Various public organizations
take care of the environment and facilities to implement the rules that ensure the
conservation of the environment. Environmental laws ensure the rules related to the
environment are obeyed and fix punishment for those who disobey the laws and harm the
environment.

Many countries have formed their laws and regulations to address the environmental issues
and protect the environment along with balance human development with environmental
conservation. There are several environmental issues and concerns regarding the protection
of forests, animals, and wildlife, prevent global climate changes, and provide aid for various
environmental development programs

The importance of environmental laws are as follows:

• Protecting the environment and human health: Environmental pollution hurts the
health of people. The important function of environmental legislation is taking care
of the environment and the protection of human health. There should be strict
penalties and punishments for polluting the environment with harmful pesticides
and chemicals.

• Effective waste management: It is necessary to establish effective and environment-

friendly waste management methods. Waste management helps in protecting the
environment. Environmental legislation is needed to ensure that waste is managed
effectively, and does not harm the environment. A set of methods and procedures
are required for the disposal of wastes.

• Regulations for manufacturing industries: The environmental laws set the

regulations and standards that monitor industries and factories so that they meet all
the regulations that are needed for conserving the environment. Industrial pollution
and waste from factories should be checked and controlled through the effective
implementation of laws for protecting the environment and ensure that the
industries obey these laws.

• Protection of the environmental officers: The countries must protect the

environmental officers so that they can execute their work effectively. They should
have the power and authority to work without any interference from the people and
implement certain regulations whenever required.

4.1.2 Objectives of environmental legislation

The objective of environmental legislation is to protect the environment from pollution and
preserve it for the future. Environmental legislation consists of various regulations and laws
that are needed to regulate the environment with the interaction of human beings in their
natural and clean surroundings. Environmental legislations are required for controlling the
level of pollution and degradation of land. There are several national and international
policies and laws that are part of the conventions, treaties, and regulations. The
manufacturing and production companies need to comply with the environmental
regulations for meeting the legal obligations which need to be followed for protecting the
environment.

The objectives of environmental legislation and laws are as follows:

• To protect and improve the conditions of the environment

• To ensure the decisions are followed which were taken at the United Nations
conference in Stockholm

• To work with different organizations and agencies for implementing the

environmental regulations

• To determine the laws and regulations in various categories of pollution and

hazardous substances

• To define penalties and punishment for all who are responsible for endangering the
environment in terms of health and safety

• To provide an effective legislative procedure for protecting coastal areas,

ecologically sensitive places and regulating the hazardous substances

• To monitor the compliance of laws

• To ensure that the Government has the total power and authority for protecting and
improving the quality of the environment

• To determine the methods of working with local, national, and international

agencies and organizations for various environment-related issues

• To establish and formulate new regulations and standards for preventing and
controlling pollution

• To facilitate the protection and special powers to the officers and the authority for
defining the laws and policies for the protection of the environment.
4.2 Air Prevention & Control of Pollution Act,1981

Industries and factories have added a lot to the pollution in the atmosphere, and it has led
to the deterioration of the quality of air. Many people are losing their health and life due to
heavy air pollution especially in cities.

According to the World Health Organization (WHO), the capital city of New Delhi is one of
the top ten most polluted cities in the world. Surveys indicate that in New Delhi the
incidence of respiratory diseases due to air pollution is about 12 times the national average.

In 1972, India participated in the conference at the United Nations held in Stockholm, which
was on the Human Environment, where important decisions were taken regarding adopting
appropriate steps for the preservation of the natural resources of the earth. The decisions
were determining the methods for controlling air pollution and the preservation of the
quality of air. In India, the Air Prevention & Control of Pollution Act, 1981 was introduced
thereafter. The main objective of the Act was preventing, controlling, and reducing the
levels of air pollution. A pollution control board was appointed with the idea of carrying out
the responsibilities and work for implementing the Act. The main sources of air pollution,
such as industry, vehicles, factories, power plants, and more are not permitted to release
certain levels of pollution. These sources of air pollution contain particulates of sulfur
dioxide, lead, carbon monoxide, nitrogen oxide, volatile organic compounds, or other forms
of hazardous and toxic substances, which are beyond a certain standard or prescribed level.

4.2.1 Objectives of air prevention & control of pollution Act

The Central Pollution Control Board is the main working authority for the Air Prevention &
Control of Pollution Act, 1981. The important functions of the Central Board are to
implement the policies, legislation, and laws for improving the quality of air and protecting
the environment by controlling the level of air pollution in the country. The responsibility of
the board is to advise the Central Government on situations related to the quality of air. The
Central Board also provides technical help and assistance to the State Board. It
communicates and distributes all the required information concerning the pollution of air
and performs the responsibility as is mentioned in the Act.
States have the State Board which has the authority and power to provide advice to the
State Government regarding any concerns related to environment protection. They have the
power to give orders regarding monitoring and controlling pollution. They have the power
to check and inspect the companies for their manufacturing process, pollution control
equipment, and the industrial plant at any time. The board has strict regulations and
standards for the different industries and plants as per their levels, compositions, and
quality of emissions of pollutants in the atmosphere.

The important provisions under the Act are as follows:

• The State Board establisher a combined approach for countering problems of the
environment. The Air Pollution Act has defined the power and authority of the
Central and State Board. According to the Act, various industries that are operating
within certain areas of air pollution control need to obtain a permit from the State
Board

• The State Government after consulting with the State Board prescribes emission
standards for the automobiles and industry along with making a note of its required
standards of air quality

• The State Board has the power for ensuring compliance with the Act which includes
the power of entry to the premises and for checking and testing of equipment

• The State Board has the power to take the samples to check in the laboratory the
pollution of air or emission from any chimney. It could be any form of dust or fly ash
or any form of pollutant to be checked in a manner that has been prescribed

• In the earlier Acts, the Air Act was enforced and the penalties on violations were
handled through small courts. The amendment of the Act in 1987 has given it more
strength and brought in stiffer penalties for the enforcement machinery

• The State Board has the power to shut down a defaulting industrial plant and they
can also stop its supply of electricity or water

• The amendment of the Act in 1987 has brought in the provision for the citizens in
the Air Act and Act also includes noise pollution
 • The State Board can also apply to the court to restrain industries from emissions that
exceed the prescribed limits

4.2.2 Major highlights of air prevention & control of pollution Act

The Air Prevention & Control of Pollution Act, 1981 is comprehensive legislation with more
than fifty sections. It has been included for establishing the provisions for the Central and
State Board and given them the power to declare pollution control areas. The Board has the
power to check the industrial units at any time for controlling the levels of pollution. They
can take samples from industrial units and in case any industrial unit has violated the norms,
then penalties are imposed on that unit.

The State Governments are empowered by the Act to emphasize the areas of air pollution
and to advise the type of fuel to be used in these designated places. According to this Act,
there are some industries, such as petroleum, cement, fertilizers, asbestos, etc., that cannot
be established without the permission of the State Board. The State Government has set up
the Pollution Control Board to measure the level of pollution in the atmosphere and
determine certain methods for testing the quality of air. The main objective of the Pollution
Control Board is to:

• Effectively control and prevent air pollution

• Guide State Government for implementing the Act rightfully

• Confer the power to the member of the Board for effectively implementing the
provisions of the Act and assign the responsibility to Board members to check the
level of pollution.

The quality of air is more affected in areas that have a greater number of industries and a
large population. The Pollution Control Board monitors the levels of pollution and sets
standards that check the pollutants and industrial discharge in every state. If the emission is
beyond a certain limit of the standards laid down by the State Board, then industries are
penalized. The Board has the power to write to the court from restraining persons causing
air pollution. The penalty of ten thousand rupees or imprisonment for three months is the
punishment for not adhering to the Act. Sometimes, it can be both which depends on the
kind of offense. If the offense is not stopped, then the fine gets extended by 5,000 for each
day.

4.3 Water Prevention & Control of Pollution Act,1974

The Water Prevention & Control of Pollution Act, 1974 is a comprehensive set of legislation
that manages the Board for checking on various aspects of water pollution. The Boards for
pollution control are at the Centre and the respective States. The Government initiated the
Water Prevention & Control of Pollution Act, 1974 for preventing and controlling water
pollution in India.

The Water Prevention & Control of Pollution Act, 1974 defines the function of the respective
State Board for taking care of and preventing water pollution. Each State Board is
empowered to formulate plans and programs for the prevention, control of pollution of
streams, rivers, and wells. The State Board has the authority to collect and communicate
information relating to water pollution and conduct investigations and research regarding
problems of water pollution and finding methods for preventing them.

The State Water Board has the power and authority to check and inspect the industries and
factories, works, and plants regarding the sewage or industrial wastes for the treatment of
wastes and various treatments of wastes and trade effluents and to monitor different water
purification plants. The Board can determine the laboratory or laboratories for checking the
sample anytime and for enabling the Board to perform its functions under this section
effectively. The Board can collect the samples of water from any stream or well or of
samples of any sewage or trade effluents and end them to the laboratory for being checked
for the levels of pollution.

4.3.1 Objectives of Water prevention & control of pollution act

The Central Board advises the Central Government and State Governments on various
matters that are needed for the prevention and control of water pollution.

It helps in providing technical assistance and guides various activities with various Boards
and agencies. The Board can restrict any industry or company and take samples of the
effluents at any time and these samples checked in the State or Centre’s laboratories. If they
fail to meet the set standards, then they are liable for punishment and penalties. The Act
sets the standards and penalties for non-compliance for polluting bodies.

The water is distinguished under various classes depending on the level of water pollution
following the Water Prevention & Control of Pollution Act, 1974 which are mentioned
below:

• Class A: Drinking water without any kind of treatment found at source after
disinfection

• Class B: Water which can be used for outdoor bathing

• Class C: Any source of drinking water that has been treated conventionally

• Class D: Water which is designated and used for propagation of wildlife and fisheries

• Class E: Water which is used for industrial and irrigation purposes along with waste
disposal

The main objectives of the Water Prevention & Control of Pollution Act, 1974 are:

• To establish Pollution Control Board under the Act which has the responsibility of
implementing various provisions.

• To regulate the Central Board to advise the Government on matters concerning the
prevention and control of water pollution

• To help the Central Board to coordinate the State Boards and to resolve any form of
disputes between them

• To determine strict penalties for the discharge of sewage or pollutants into water
bodies which include various, streams, lakes, rivers, or wells

• To maintain and restore aquatic resources

 • To ensure that the companies or industries who fail to abide by the laws as
mentioned in the Act are liable for imprisonment which could be for more than a
year, going up to six years along with monetary fines

• To facilitate the Central Board for acting like a guide for the State Board and give
them technical advice on various researches regarding the problems concerned with
pollution of water

• To encourage the prevention and control of water pollution by organizing various

forms of training programs for the people

• To collect and communicate information based on technical and statistical data

• To help Board in preparing the guides, manuals, and codes relating to treatment and
disposal of sewage and trade effluents and communicate information connected
with the process

• To facilitate Board to specify, modify or annul standards required for the rivers,
streams, or wells in consultation with the State Government.

• To do planning for executing programs nationally for the prevention and control of
water pollution

• To help Board to perform other functions as mentioned in the Water Act, 1974.

4.3.2 Major highlights of Water prevention & control of pollution Act

The Water Prevention & Control of Pollution Act, 1974 has been formulated by the
Government of India for preventing and controlling water pollution by the households,
industries, and agriculture that can contaminate our water sources. The high level of
pollutants and the wastewater which flows into the lakes, rivers, streams, and wells can
result in major health hazards. There are various methods of controlling the levels of
pollution by monitoring and controlling the point sources of different pollutants and by
punishing the polluter.
People must take different steps in reducing the level of water pollution by reducing the use
of pesticides, by using biodegradable chemicals for use in households, and by effectively
identifying the sources of pollution at workplaces and in industrial units.

The Central Governments and State Governments have set up methods for monitoring
water pollution, and to assess pollution levels, and punish offensive polluters.

The Board is empowered in the following manner to take action:

• Government organizations or non-Government organizations to take the permission

of the State Board for the discharge of sewage.

• Board is empowered to take emergency measures regarding discharging any

poisonous or hazardous substance for polluting the water.

• Board has the power to penalize the offenders and issue fines for preventing and
controlling pollution.

4.4 Environment Protection Act,1986

The Environment Protection Act, 1986 is a complete set of legislation which is made for
providing a framework by the Government for coordinating different activities of various
Central and State Boards and agencies defined in the previous Acts, such as the Water Act
and the Air Act for taking care of the environment. One of the worst disasters in history was
the Bhopal Gas Tragedy in India. It was an eye-opener for the Government to formulate
stronger policies, laws, norms, and acts for ensuring that these terrible incidents do not
happen again in India. The Government of India formulated the Environment Protection Act,
1986 for the protection and conservation of the environment.

The Act was mainly formulated after the impact of the Bhopal gas tragedy and for the
decisions made by India at the United Nations Conference in Stockholm in 1972 on Human
Environment. 122 nations took part in the conference that passed the Stockholm
Declaration. The declaration consisted of 26 principles that focused on the development of
the environment, and the importance of human activities in the environment. The main
objective of the Environment Protection Act, 1986 is to improve and protect the human
environment. The Act lays down the important activities that are needed to prevent hazards
from happening and causing damage to ecology and biodiversity.

In this Act, the focus has been given to the environment which includes water, air, and land.
It emphasizes the inter-relationship which is there between water, air and land, and all the
living beings. Environmental pollution relates to the presence of pollutants in water or air in
the form of solid, liquid, or gas which could be present in them leading further to harming
the environment. The hazardous and toxic substances can include any substance which may
cause harm to human beings, animals, plants, property, or the environment. In India, the
Environment Protection Act has defined certain areas which are considered restricted areas
due to the ecological sensitivity, such as Doon Valley in Uttarakhand, the Aravalli Regions in
Rajasthan, and various coastal zones.

4.4.1 Objectives of environment protection act

The Environment Protection Act provides the power to the Central Government for taking
reasonable and valid steps for the protection and improvement of the quality of the
environment. It defines the standards for the quality as per the standards of the
environment, which are taken for the prevention, control, and abatement of environmental
pollution. There are restrictions to be applied in any of the industries, processes for the
prevention, controlling, and abatement of environmental pollution. The Government has
the responsibility of defining the procedures for safeguarding the environment and the
prevention of inevitable accidents which may result in more environmental pollution.

Both the Central and State Boards have the power and authority to inspect different
premises, equipment, material, and substances for the prevention and control of
environmental pollution. The Central Government has the powers designated by the Act by
which they can issue the directions in writing to any of the persons or any officer and they
are bound to comply with these given directions. The direction could be in terms of closure,
prohibition, or the regulation of any industry due to its operational process or it could be
the stoppage or regulation of the supply of electricity and many other forms of services.

The main objectives of the Environment Protection Act are as follows:

 • To protect and improve the quality of air, water, and the environment

• To establish the procedures for preventing and controlling environmental pollution

to prevent hazards to all living beings.

• To empower the Government to safeguard the environment and to define

procedures for the prevention of accidents that cause pollution and other remedial
measures

• To plan and implement programs nationally for the prevention, control, and
abatement of environmental pollution

• To empower the Government with the authority to stop, close, and regulate the
operations of any industry for acts of violation of the standards

• To define various standards needed for improving the quality of the environment

• To empower the Central and State Board officials to inspect the site and collect
samples of air, water, soil, or other material for testing at any time

• To establish procedures for the handling of hazardous substances which are likely to
cause environmental pollution

• To define the restriction of areas in which industry, operations, or processes shall

not be carried out for safeguarding the environment

• To ensure the preparation of manuals, codes or guides, concerning the prevention,

control, and abatement of environmental pollution.

4.4.2 Major highlights of environment protection Act

The Environment Protection Act, 1986 came into force and was extended to the whole
country. The Act consists of four Chapters with 26 Sections that pertain to the roles and
responsibilities of different Governments, Boards, and agencies. The first chapter pertains to
the title of the Act, the definition of the terms that pertain to the Act, jurisdiction, and
extends when the Act has been enacted.
The second chapter emphasizes the power that resides with the Central Government about
the Act. The other chapters refer to the activities and various preventive measures that the
Central Government can take to protect the environment. The Central Government has the
power and authority to appoint officials for ensuring that various tasks of the Environment
Protection Act, 1986 are carried out in the right manner

The Environment Protection Act, 1986 defines the power of the Central Government to act
or give direction for the process of closure of an establishment that violates the rules and
guidelines of the Act. The Act emphasizes the prohibition and regulation industries and
many other activities that need to be followed for ensuring that it protects the environment.
The Central Government has the power and authority to formulate rules and regulations for
administering environmental pollution. The Environment Protection Act, 1986 includes
penalties if there is a violation of any aspect of the Act. The people or industries that fail to
comply with the provision of the act would be punished with imprisonment for a term of
five years or a fine up to one lakh rupees or both. Apart from this, there can be an additional
fine of five thousand rupees per day imposed for the entire period of rule violation.

4.5 Wildlife Protection Act,1972

The Wildlife Protection Act, 1972 was passed on August 21, 1972, but it got implemented on
9th September 1972. After the Stockholm convention on Environment, the Government of
India responded by formulating an Act for the protection of wildlife which referred to the
terrestrial and aquatic animals and their habitats. Earlier, there was a law for animals called
the Wild Birds and Animals Protection Act, 1935. Under this law, there were different
policies for every state and each State Government had a different policy in dealing with the
Act. There was no proper regulation and, as a result, there was major exploitation of forests
and wild animals. As a result, the number of wildlife species started to go down along with a
lot of deforestation.

The Wildlife Protection Act, 1972 was passed by the Government for the protection of wild
animals, birds, and plants and matters connected to the ecological and environmental
security of the country. It extends to the whole of India except for the state of Jammu and
Kashmir*. The Act constitutes a National Board for Wildlife whose chairperson is the Prime
Minister.

The National Board has the responsibility of promoting the conservation and development
of wildlife and forests. The Act includes the formation of a State Board for the protection of
Wildlife along with advising the State Government in matters concerned with the protection
of wildlife. The Act prohibits and regulates the hunting of wild animals and defines the
protection of specified plants. It also empowers the State Government with extra
responsibilities of handling and taking care of the Sanctuaries, National Parks, and Game
Reserves. The Board has set up a National Tiger Conservation Authority which is concerned
with prohibition and laws for regulating the trading in wild animals, parts of the animals,
and using them as trophies.

4.5.1 Objectives of Wildlife protection Act

Various National Parks and Tiger Reserves are areas prohibited by law which is strictly
protected, and no human activity is allowed for the interest of wildlife conservation. The
Wildlife Protect Act does not allow any form of exploitation of the animals and the forest
produce in both national parks and wildlife sanctuaries. The decline of wild animals and
birds in India has been a cause of major concern. There needs to be an improvement in the
protected areas of sanctuaries and national parks for the wild animals to live peacefully.
There are many wild animals and birds which have already become extinct in the country
and many others are also in danger of losing their habitats.

The main objectives of the Wildlife Protection Act are as follows:

• The Act protects wild animals, birds, and plants and ensures the ecological and
environmental security of India

• The Act consists of laws that prohibit the hunting of wild animals, and the use of
animal traps except under certain circumstances

• The Act provides for the protection of hunting rights of the Scheduled Tribes in the
Andaman and Nicobar Islands
• The Act has regulations for the security of animals that are in danger of becoming
extinct

• The Act provides for the license to people for the animals which can be hunted like
the deer and the ducks

• The Act provides for the license to hunters who can shoot during a specific season in
restricted areas. If there are any infringements, these can lead to the cancellation of
their license

• The Act provides for setting up more animal-protected parks and helps for the
cultivation of plants

• The Act provides for the Convention on International Trade in endangered species of
Wild Fauna and Flora

• The Act empowers the officials for enforcing the regulations and laws and to punish
people if found guilty

• It gives power to the Central and State Boards to create areas for sanctuaries and
national park

• The Act defines the terminology of wildlife and provides for the appointment of the
Wildlife Advisory Board

• The Board provides guidelines for framing policies and advising Central and State
Governments on the promotion of wildlife and suggesting measures for
improvement of wildlife conservation

• The Act includes laws for restricting illegal trading and poaching of wild animals

• The Board has the responsibilities of setting up and managing national parks,
sanctuaries, and other protected areas

• The Act provides for regulations and constitution needed for the Central Zoo
Authority

• The Act also provides for the setting up of the National Tiger Conservation Authority
 • The Act establishes different provisions related to trade and penalties for hunting
the animals in the wild

The fast decline of wild animals and birds in India has been a cause of major concern where
some of the wild animals and birds have started to become extinct. Due to heavy poaching
and hunting of animals, certain areas which were once the habitat for the wildlife have
slowly become sparse and devoid and even the wildlife sanctuaries and National Parks have
not been managed well. The Wildlife Protection Act, 1972

contains many regulations, laws, and procedures for dealing with legal rights in these
protected areas. There are provisions for procedures for the appointment of the Central and
State wildlife authorities and Wildlife Board for managing and protecting animals, plants,
and wildlife. The Act provides laws for the regulation of the trade of wildlife products and
ensures the prevention, detection, and punishment in case of violations of the Wildlife
Protection Act. The legal offenders would be thoroughly investigated and prosecuted
according to the laws of offenses in the court of law by the authorized officers of the forest
department and the legal systems.

The community reserves and conservation reserves are the types of protected areas
mentioned in the Wildlife Protection Act.

These two categories provide an important role for the local communities, and the
opportunity to protect different areas of conservation. The Act prohibits the destruction or
diversion of wildlife from its habitat by any method unless it is for improvement or its
betterment. These decisions are taken by the State Government in consultation with the
National and State Boards for wildlife.

The important points related to Wildlife Protection Act, 1972 are as follows:

• This Act helps prohibit injuring the animals and destroying any part of a wild animal’s
body for selling purposes.

• This Act forbids damaging and disturbing of wild birds and reptiles, and their eggs.
 • This Act prohibits the preservation of dead animals in the form of trophies or making
rugs from their skin and hair, preserving their skins, nails, teeth, horns, eggs, and
more, which is referred to as taxidermy.

• This Act does not allow anyone to hunt birds, reptiles, fish, insects, or any other
animals from their habitat without a legal license or from within the protected areas.

• This Act imposes penalties for the offenders on conviction. The violations of the
regulation entail imprisonment for a period of three to seven years with a fine of
10,000 rupees.

4.6 Forest Protection Act,1980

The Indian Forest Act, 1927 is comprehensive legislation that was needed in the country,
and it helps improve the previous laws regarding forests that existed during the earlier
years. The Forest Conservation Act, 1980 was established which authorized the Central and
State Boards for identifying the areas for Reserved Forests and the protected areas.

There were certain areas of forests that were put under the control of the village
community, and these were referred to as the village forests. The Forest Conservation Act
extends to the whole of India except for Jammu and Kashmir.

The Act emphasized the laws and regulations needed for protecting the forests from
deforestation and formulate policies for cutting down trees and their utilization in a limited
manner. The main objective was to protect forests along with their ecological conditions by
preserving them for their biological diversity and other forms of genetic resources. The Act
regulates the use of forest products for commercial use and encourages forests’
developmental activities, like social forestry, agroforestry, and more for its conservation.

4.6.1 Objectives of forest conservation Act

The decline of the forests in India has been a cause of major concern since the forest cover
is disappearing at a very rapid pace. There need to be improvements in the protected areas
by restricting the use of forest land for commercial purposes without a proper regulation
process. The forests help in maintaining the ecological balance of the environment and also
serve as a habitat for many wild animals and birds which have already become extinct in the
country and many others are also in danger of losing their habitats. The Forest Conservation
Act, 1980 is comprehensive legislation with laws for the protection of the forests and the
conservation of natural wealth and resources of the forests which are beneficial to both the
ecosystems and human beings. It specifies uniform legislation across the country for the
planning and maintaining of forest areas and protects forest land and by categorizing the
protected land with proper usage of the forest areas.

The objectives of the Forest Conservation Act, 1980 are as follows:

• The Act has certain restrictions on the power of the State Government regarding the
preservation of forests or using the forest land for other purposes

• The Act defines the roles of the Central Government and the State Government. The
State Government cannot make amendments on the provisions of the Act without
the prior approval of the Central Government

• The Act has laid regulations on assigning the forest land or any portion for lease to
any private person or private organization.

• The Act contains strict laws and regulations that emphasize on cutting down of trees
or clearing the land of forests that have grown naturally in that land to use them for
reforestation

• The Act emphasizes providing for the constitution of the advisory committee to
advise the Government about the conservation of the forests

• The Act has strict regulation for any kind of ongoing activities in the forest which do
not benefit the forest in any state within the country without the prior approval of
the Centre

• The Act has defined that the violation of any Act is punishable, and the offender can
be imprisoned for a period extending to 15 days.

• The Act also has laws for the Government departments or any agency which is guilty
of any offense and shall be liable to be punished accordingly
 • A forest consists of renewable natural sources and should be looked upon as a
source of revenue

4.6.2 Major highlights of forest conservation Act

The Forest Conservation Act, 1980 was formulated for controlling the process of
deforestation. The forests and trees cannot be cut without the prior approval of the Central
Government. The regulation for this was included in the Act since some states had begun
cutting down the forests and clearing the land from the forests for non-forest use. There
were regular encroachments in the forest areas in these states where there were projects
made for resettlement of affected people because of the construction of dams and bridges
in the forest areas. Therefore, there was an urgent need for laws and regulations, and the
Forest Conservation Act, 1980 provides the laws for prohibiting the clearing of the forest
areas and to retain greater control over the process of deforestation in the country with
specified punishments for the offenders.

The Forest Conservation Act, 1980 also determines the needs of the people in terms of
fodder, fuel-wood, and other forms of forest produce, and by maintaining environmental
stability and ecological balance. It clearly emphasizes the strengthening of the protected
areas and if a person commits the offense of cutting down the trees, setting fire to the
forests, or overgrazing his cattle in the forest areas he is liable to punishment with
imprisonment of three to six months and a fine of 500 or both. The Act provides authority
and power to the forest officials who can arrest any person against whom a reasonable
suspicion arises even without an order from the magistrate or a warrant.

4.7 National Green Tribunal Act,2010

The environment needs effective laws and regulations to protect it from degradation. To
take care of the judicial administration, the National Green Tribunal Act, 2010 was created
to help in reducing the burden of cases from the higher levels of the judiciary and effectively
handling the issues about the environment. It handles the case for the protection of the
environment, basic rights of the individuals, and protecting the flora and fauna of the
forests, and more. There has been a rise in the complaints related to the environment
because of the causes of deforestation, rehabilitation, overgrazing of cattle, cutting down of
trees for commercial use and other reasons.

The National Green Tribunal Act, 2010 was formulated for effectively handling cases about
conservation of forests, protection of wildlife, environmental protection, and compensation
for damages to the property due to violating of the environmental laws and regulations. The
members of the tribunal are appointed by the Central Government. It has jurisdiction over
all the civil cases related to the environment in terms of pollution of water, forest
conservation, environment protection, and taking care of ecological biodiversity. India
happens to be the third country in the world after New Zealand and Australia set up a
national tribunal for the environment. The Act specifies that the tribunal should dispose of
the application and the cases within six months of their filing. The tribunal consists of
Chairperson, the Judicial Members, and Expert Members and they are eligible to hold the
office term for five years. The Chairperson is appointed by the Central Government in
consultation with the Chief Justice of India.

4.7.1 Objectives of the national green tribunal Act

India needed a special court for its environmental issues and this need was amicably
highlighted by the Supreme Court of India in many judgments. One of these was during the
Oleum Gas Leak case. They ruled that environmental issues need to be well monitored and
they need expert and technical knowledge, and they should have fast disposal of their cases.
These cases need to have special courts with the required expertise and knowledge.
Thereafter, the Government passed the National Environmental Tribunal Act, 1995, which
did not get implemented. Then came the National Environment Appellate Authority Act,
1997, which initiated the setting of the National Environment Appellate Authority. This
authority functioned for some time after which it was replaced by the National Green
Tribunal. There were several problems in the functioning of the Authority, including its
limited mandate and key vacancies that the Government did not fill. The Authority was
thereafter replaced by the National Green Tribunal.

The objectives of the National Green Tribunal Act are as follows:

 • The National Green Tribunal Act provides effective and fast disposal of cases that are
concerned with the protection and conservation of the environment.

• The National Green Tribunal Act helps in providing relief and compensation for
damages of property and to the people.

• The National Green Tribunal Act emphasizes a method for a penalty for non-
compliance to the environmental issues with imprisonment for a year to three years
and a fine which can go up to ten crore rupees or both.

• The National Green Tribunal takes care of civil cases consisting of the following seven
laws which are related to the environment:

o The Water Prevention and Control of Pollution Act, 1974

o The Water Prevention and Control of Pollution Cess Act, 1977
o The Forest Conservation Act, 1980
o The Air Prevention and Control of Pollution Act, 1981
o The Environment Protection Act, 1986
o The Public Liability Insurance Act, 1991, and
o The Biological Diversity Act, 2002

The violation of these laws can be taken care of by the National Green Tribunal courts.

4.7.2 Major highlights of national green tribunal act

Environmental pollution is a major concern for the country and the National Green Tribunal
has proved to be beneficial, and it has effectively achieved its objectives. The functions of
the National Green Tribunal Act are to formulate laws and regulations for disposing of cases
based on the environment, natural resources, and conservation of the forests. The National
Green Tribunal does not include any formal structures, but it is bound by a certain
procedure and regulation. It has been created to fulfill certain objectives of which
environmental protection is a significant concern, and the steps of the tribunal have been
effectively used at the right time. It has been a success because of its mechanism for
handling disputes and providing adequate measures with its accuracy in the decisions
regarding the resolution of the disputes.
The National Green Tribunal has played a significant role in environmental regulation, with
the management of waste and passing strict regulations and orders on the issues of
pollution and deforestation. The National Green Tribunal is an effective method for
alternative dispute resolution and offers solutions for the path for environmental
jurisdiction, and it helps in reducing the burden of legal cases in the higher courts on
environmental matters. The National Green Tribunal does not have a formal structure and is
not expensive and has a faster mechanism for solving environmental disputes. It plays an
important role in protecting the environment and prohibiting environment-damaging
activities. The Members and the Chairperson of the National Green Tribunal independently
deliver their judgments and do not come under pressure from any end.

The National Green Tribunal Act has perfect regulations for ensuring that the process of
Environment Impact Assessment is followed strictly.

4.8 UNDERSTANDING ENVIRONMENTAL ETHICS

The term environmental ethics covers the geographical place where the environment
consists of everything which exists to around us in terms of people and non-human entities.
Ethics has been taken from the Greek word ‘ethos’ which means ‘custom’. Ethics is divided
into three theories which are as follows:

• Deontology ethics: This deals with the righteousness of action whether the action or
behavior is right and appropriate.
• Theology ethics: This is based on the purpose and need of the action and the effect
of the action.
• Ethics of virtue: This deals with the moral character of the person or the human
being.

Environmental ethics is a reflection of the moral values and norms which have an impact on
environmental conditions. Therefore, environmental ethics requires fundamental changes in
the manner people view various aspects of the environment. It is necessary to develop
awareness and educate the youth in today’s world to respect the existence of all living
beings and to conserve the environment.
In the later part of the twentieth-century environmentalist had come up with the modern
philosophy on environmental ethics. The environmental concerns of environmental
degradation, population explosion, the depletion of resources and cutting down of forests
are the major issue that draws the attention towards the environmental problems.
However, many challenges are raised while designing environmental ethics which includes
the inequality in the region, society, and the nations. The challenges further extend to
having access to the resources and procuring the resources for the livelihood of the people.
There are several varied opinions among environmentalists regarding environmental ethics.
Owing to varied opinions various approaches to environmental ethics have evolved. Three
approaches to environmental ethics are based on the following views:

• Libertarian view: This view talks of equal rights to all living in the environment which
includes human beings and non-human entities.
• Ecological view: This view emphasizes the interdependence of the biological and the
non-biological entities within their diversities.
• Conservation view: This view only emphasizes the use of the environment and its
utility that serves the purpose of human beings. It concerns human beings and their
future generations.

As per the British Multidisciplinary Scientific Journal Nature.com, Environmental ethics is a

branch of applied philosophy that studies the conceptual foundations of environmental
values as well as more concrete issues surrounding societal attitudes, actions, and policies
to protect and sustain biodiversity and ecological systems.

4.8.1 Meaning of Environmental Ethics

Environmental ethics defines human beings and other non-human entities, such as animals,
plants, and others as part of the environment. Environmental ethics plays an important role
in establishing moral grounds for social policies aimed at protecting the earth’s environment
and mitigating environmental degradation. Environmental ethics assists in maintaining an
ecological balance between the environment and human beings along with the non-human
entities of plants and animals. It is necessary to follow environmental ethics voluntarily and
use moral values while dealing with important functional aspects of the environment.
The environment can be sustained by positive human behavior while negative human
behavior can damage the environmental conditions. Every living being needs an
environment to live in and it is the responsibility of human beings to protect and respect the
environment. Environmental legislations are required to guide the people with moral
principles needed for guiding, adding value, and preserving the environmental conditions.

Environmental ethics is divided into three branches:

• Anthropocentrism: According to this philosophical theory, human beings have total

control over the environment. They are considered an important entity in the
environment.

• Biocentrism: This theory emphasizes human beings, and also non-human beings are
important aspects of the environment.

• Ecocentrism: This philosophy theory is based on the environment which gives

importance to nature and its values are not human-centered.

According to the Stanford Encyclopaedia of Philosophy, Environmental ethics is the

discipline in philosophy that studies the moral relationship of human beings to, and also the
value and moral status of, the environment and its non-human contents.

The increase in population has increased the consumption of natural resources. Therefore,
this has resulted in the degradation of the environment which is affecting all living beings.

Environmental ethics acts as the guiding light that is formed on scientific understanding of
bringing human values, moral principles, and improved decision making.

4.8.2 Need and Importance of Environmental Ethics

Environmental ethics can be inferred as the philosophical discipline required to protect the
environment taking into consideration the moral and ethical relations human beings have
with the environment. Environmental ethics refers to the ethical process of conserving the
environment. They became a necessity because of the fast-growing population and how the
environment was impacted. Nowadays, environmental awareness is important because of
the negative consequences on the environment that surface with the increase in
urbanization, industrialization, use of pesticides, and growing technology. They aim at
protecting the environment by providing moral motivation and ethical legislation for the
cause of global environmental protection. Environmental ethics is the obligation that human
beings have taken towards the environment to determine their moral and ethical duties.
They involve the decisions that people need to make in regards to the environment and take
into the account ethical relationship between people and the environmental conditions
accompanied by its ecological biodiversity.

Environmental ethics is the most important tool for the conservation of the environment
and sustainable development. Environmental ethics teaches us to be friendly with the
environment for developing a healthy lifestyle. It deals with imparting moral education,
environmental rights, conservation and protection of the environment, and the traditional
knowledge that has been passed to us from our ancestors. Environmental ethics emphasizes
a range of disciplines including environmental law, environmental sociology, eco-theology,
ecological economics, ecology, and environmental geography. Environmental ethics is
required because the changes in the environment have led to several natural disasters that
have been happening in different countries across the globe with severe consequences. The
activities of human beings have resulted in adding to the pollution, desertification, the
extinction of certain animals and birds, deforestation, and more number of the reasons
which add to the impact on the environment.

The global environmental problems are predominantly related to human activities.

Theirperspectivesaffecttheenvironmentandtheothernon-entities of the environment. It is
necessary for human beings and non-human entities to develop a sustainable and clean
environment to sustain their living. Environmental ethics is concerned with moral
obligations that the people need to behave towards the environment wisely and in a more
ecocentric manner. It underscores positive values based on environmental ethics and
people’s perspectives towards the environment. Thus, environmental ethics is also termed
moral philosophy because human actions are concerned with what is morally right and
morally wrong as their actions affect the environment. The important principles of
environmental ethics are as follows:
 • To respect life in all its diversity where every form of life has its intrinsic value
• To show compassion towards the community, protect the rights of the people, and
prevent the environment from the harmful activities
• To form a democratic, sustainable and peaceful society and respect the fundamental
and human rights
• To secure the earth’s elegance and beauty for current and future generations
• To come with imparting values and traditions that support the sustainable
flourishing of humans and the Earth’s ecological diversities.

4.8.3 Environmental Ethics in India

At present, India has several environmental policies and legislations. Framing policies and
legislations require studying and analyzing methods of enhancing and recommending
solutions for their practical realization. The rising concern for ethical norms in all facets of
human activities is not just limited to India, but also all over the globe. The government of
India is quite concerned about environmental pollution and degradation. The government of
India is also playing an important role in environmental conservation and development
issues. The government has brought out environmental laws and legislations for protecting
the environment and protecting nature from all kinds of harmful interventions. The
government is involved in creating awareness among the people of India through various
reforms, policies, conventions, seminars, and many other ways.

It is necessary to maintain environmental ethics by the following norms:

• To limit utilization of natural resources

• To conserve resources for future generations
• To determine the environmental rights of animals
• To create environmental awareness and education
• To conserve traditional value systems
• To circumvent the sacrifice of animals for religious beliefs
• To prevent ecoterrorism
• To utilize eco-friendly products
• To keep the environment clean and healthy
 • To avoid the use of plastics carry bags and plastic items
• To avoid cutting down of trees as much as possible

4.9 Summary

Environmental legislation is a necessity for providing restrictions for protecting the

environment and creating a healthy place for people to live and breathe. Environmental
legislation is a set of laws that are needed for protecting the environment and creating a
healthy place for the people to live in. It helps in preventing over-exploitation of natural
resources, destructive methods of pollution, use of chemicals and hazardous substances,
deforestation, poaching and so many other issues which impact the environment and create
unhealthy situations. The importance of environmental legislation is to ensure that people
take care of the environment for human existence. In 1972, India participated in the
conference at the United Nations, held in Stockholm, which was on the Human
Environment. There were important decisions taken in regards to adopting appropriate
steps for the preservation of the natural resources of the earth. Thereafter, in India, the Air
Prevention & Control of Pollution Act, 1981 was introduced. The Water Prevention &
Control of Pollution Act, 1974 is a comprehensive set of legislation that manages the
agencies and the Board for checking on various aspects of water pollution. The Environment
Protection Act, 1986 is a complete set of legislation which is made for providing a
framework by the Government for coordinating the different activities of various Central
and State Boards and agencies defined in the previous Acts, such as the Water Act and the
Air Act for taking care of the environment. The Wildlife Protection Act, 1972 was passed on
August 21, 1972, but it got implemented on 9th September 1972. Earlier, there was a law
for animals called the Wild Birds and Animals Protection Act, 1935. Under this law, there
were different policies for every state and each State Government had a different policy in
dealing with the Act. The Indian Forest Act, 1927 is comprehensive legislation that was
needed in the country, and it helps improve the previous laws regarding forests which were
during the earlier years. The National Green Tribunal Act, 2010 was created to help in
reducing the burden of cases from the higher levels of the judiciary and effectively handling
the issues about the environment.
The effect of environmental awareness started in the 1960s because of the process of
economic expansion, newer technologies, industrialization, and the growth of population.
These changes result in impacting the environment and leading to changes in the living
conditions of the people. This brought in the meaning of ethics when people decide on the
conditions of how they want to live in society and their environment. The degradation of
ecosystems and the changes in the global climate have resulted in bringing moral
obligations with the initiation of environmental ethics into the system. Environmental ethics
outlines the moral responsibilities of human beings and their respect for the environment.
Human activities are the major cause of environmental pollution along with an increase in
population that results in demand for food and shelter, which leads to the utilization of
resources.

Environmental ethics is the philosophy that defines what is right and wrong for maintaining
the ecological balance. All the living things on the planet earth are bound together through
the food web that includes the animals, human beings, plants, aquatic creatures, and other
forms of resources that are interlinked with each other for their survival in the environment.
In the later part of the twentieth century, environmentalists had come up with the modern
philosophy on environmental ethics. The environmental concerns of environmental
degradation, population explosion, the depletion of resources, cutting down of forests are
some major issues that draw attention towards the environmental problems.

Environmental ethics is a branch of ethics that includes the philosophy that studies the
moral relationship of human beings and the environment and its non-human entities. The
philosophy defines human beings as part of the society along with the other non-human
entities of animals and plants. The increase in population has increased the consumption of
natural resources. Moreover, rapid economic growth and industrialization have resulted in
the degradation of the environment which is affecting all living beings. Environmental ethics
acts as the guiding light that is formed on scientific understanding of bringing human values,
moral principles, and improved decision making.

Environmental ethics aims at protecting the environment by providing moral motivation and
ethical legislation for the cause of global environmental protection. In India, it has been
prevalent from the Vedic times and it has been a part of the religion and the Vedic tradition.
The main objective of the Vedic tradition was to live harmoniously within the environment
and nature. The twenty-first century, on the other hand, is growing rapidly with advanced
technology and the dynamic system

of the economy which leads to threats to the environment from its activities. The effect of
global warming, depletion of ozone, cause of acid rain, deforestation, and the major loss to
diversity are some of the issues and problems which are hampering the economic growth of
the nation.

4.10 Key Words

• Environmental legislation: It is a set of laws that are needed for protecting the
environment.
• Wild protection and conservation: These are the methods about protect various
animals and birds living in their habitats in the forest.
• Taxidermy: The process of preserving the body of an animal or its body parts.
• Green Tribunal Act: This is a special court for handling cases related to the
environment.
• Non-compliance: It refers to not following the process or the procedure.
• Ethics of virtue: This deals with the moral character of the person or the human
being,
• Theology ethics: This is based on the purpose, need, and effect of the action.
• Anthropocentrism: This theory states that human beings have total control over the
environment. They are considered an important entity in the environment.
• Biocentrism: This theory emphasizes human beings along with plants and animals as
they are important elements of the environment.
• Ecocentrism: This philosophy theory is based on an environment that gives
importance to nature and its values are not human-centered.