Environmental law in India represents a composite body of statutes, rules, and judicial principles designed to regulate the interaction between human activity and the natural environment. The objective is not merely to punish violations, but to ensure sustainable development, balancing economic growth with ecological preservation. Over the decades, India has moved from fragmented, sector-specific regulation to a more integrated legal approach driven by constitutional mandates, legislative enactments, and judicial interventions.
Constitutional Mandate
The Constitution of India, though originally silent on environmental protection, was amended by the 42nd Amendment Act, 1976 to include explicit provisions.
- Article 48A (Directive Principle of State Policy) obligates the State to protect and improve the environment and safeguard forests and wildlife.
- Article 51A(g) imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
These provisions have been interpreted by courts as enforceable guidelines for policy-making and adjudication, especially when read with the right to life under Article 21, which has been expansively interpreted to include the right to a healthy environment.
Legislative Framework
Indian environmental legislation spans a wide range of subjects, from air and water quality to biodiversity and hazardous substances. Key enactments include:
- The Environment (Protection) Act, 1986 – An umbrella legislation providing the central government with wide powers to regulate all forms of environmental pollution and set standards for emissions and discharges.
- The Water (Prevention and Control of Pollution) Act, 1974 – Establishes the Central and State Pollution Control Boards, regulates the discharge of pollutants into water bodies, and prescribes penalties.
- The Air (Prevention and Control of Pollution) Act, 1981 – Provides for prevention, control, and abatement of air pollution, and mandates permits for industrial emissions.
- The Forest (Conservation) Act, 1980 – Regulates the diversion of forest land for non-forest purposes and restricts deforestation without prior central approval.
- The Wildlife (Protection) Act, 1972 – Protects endangered species and establishes protected areas such as national parks and wildlife sanctuaries.
- The Biological Diversity Act, 2002 – Implements provisions of the UN Convention on Biological Diversity, governing access to biological resources and associated knowledge.
Judicial Activism and Landmark Cases
The Supreme Court and High Courts in India have played a pivotal role in developing environmental jurisprudence, often through public interest litigation (PIL). Significant principles evolved through case law include:
- Right to a healthy environment: Subhash Kumar v. State of Bihar (1991) held that the right to life under Article 21 includes the right to enjoyment of pollution-free water and air.
- Polluter Pays Principle: Indian Council for Enviro-Legal Action v. Union of India (1996) established that polluters must bear the cost of remedying environmental damage.
- Precautionary Principle: Vellore Citizens Welfare Forum v. Union of India (1996) mandated preventive measures even in the absence of complete scientific certainty.
- Public Trust Doctrine: M.C. Mehta v. Kamal Nath (1997) recognized that natural resources are held by the State in trust for the public and cannot be converted to private ownership without due process.
Regulatory and Enforcement Mechanisms
The Ministry of Environment, Forest and Climate Change (MoEFCC) serves as the nodal agency for policy formulation, while specialized bodies like the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) implement regulations. The National Green Tribunal (NGT), established under the National Green Tribunal Act, 2010, provides a dedicated forum for expeditious disposal of environmental disputes, with powers to award relief, compensation, and impose penalties.
Challenges in Enforcement
Despite a robust legal framework, enforcement faces several systemic challenges:
- Overlapping jurisdiction among multiple agencies leading to regulatory delays.
- Limited technical capacity and resources for monitoring compliance.
- Persistent gaps between policy intent and ground-level implementation.
- Conflicts between developmental priorities and ecological preservation, often aggravated by political and economic pressures.
International Commitments and Influence
India is a signatory to major multilateral environmental agreements such as the Paris Agreement on Climate Change (2015), the Convention on Biological Diversity (1992), and the Montreal Protocol (1987). Domestic laws have been increasingly aligned with these commitments, particularly in areas like renewable energy promotion, emission reduction targets, and biodiversity conservation.
Conclusion
Environmental law in India continues to evolve in response to emerging ecological challenges, climate change imperatives, and public awareness. The future trajectory will likely involve greater integration of environmental considerations into all sectors of governance, increased reliance on technology for monitoring and compliance, and a more participatory approach that empowers communities as stakeholders. Effective enforcement, judicial vigilance, and public engagement remain essential for translating the constitutional vision of ecological balance into a lived reality.
CONTRIBUTED BY : ANSHU(INTERN)