Environmental Law In India

Environmental law in India is a complex and evolving legal framework designed to address the myriad environmental challenges facing the country. It encompasses a wide range of statutes, regulations, and judicial decisions aimed at protecting and conserving India’s diverse and fragile ecosystems.

The cornerstone of environmental law in India is the Constitution of India, which incorporates the concept of environmental protection as a fundamental duty of every citizen and as a directive principle of state policy. The most significant legislative acts governing environmental protection in India include the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Forest (Conservation) Act, 1980. These laws provide a comprehensive framework for regulating various aspects of environmental protection, such as air and water quality, waste management, and forest conservation. National Green Tribunal situated in various places in India deals the environmental issues.

MC Mehta v. Union of India (1986): This landmark case led to the closure of numerous hazardous industries operating near the Taj Mahal in Agra due to concerns about air pollution and the impact on the iconic monument. It set a precedent for protecting historically and culturally significant sites from environmental degradation.
Vellore Citizens Welfare Forum v. Union of India (1996): This case resulted in the Supreme Court setting strict guidelines for industries to comply with environmental regulations, including the “polluter pays” principle. It emphasized the need for industries to adopt environmentally friendly practices.
T.N. Godavarman Thirumulpad v. Union of India (2006): Commonly known as the “Forest Case,” this case led to the creation of a central empowered committee to monitor and enforce environmental laws in forest areas. It played a significant role in forest conservation and management.
Centre for Public Interest Litigation v. Union of India (2012): This case exposed illegal mining activities in various states, particularly in Karnataka, leading to a ban on mining activities and the creation of a regulatory framework to address environmental issues in the mining sector.
Animal Welfare Board of India v. A. Nagaraja (2014): In this judgment, the Supreme Court recognized that animals have legal rights and declared that practices such as bullfighting and jallikattu are inherently cruel and violated the Prevention of Cruelty to Animals Act. This decision strengthened animal welfare laws in the country.
Okhla Bird Sanctuary v. Union of India (2018): This case highlighted the importance of protecting critical bird habitats and upheld the need to maintain a safe distance between development projects and ecologically sensitive areas to prevent ecological damage.
Subhash Datta v. State of West Bengal (2020): In this judgment, the Calcutta High Court ordered the removal of illegal constructions from the East Kolkata Wetlands, an ecologically vital area. This decision reinforced the importance of protecting wetlands and other vital ecosystems.

These landmark judgments illustrate the Indian judiciary’s commitment to environmental protection and its willingness to intervene when governmental and regulatory bodies fail to uphold environmental laws. They have set important precedents and served as a catalyst for improved enforcement and compliance with environmental regulations.

National Green Tribunal

The National Green Tribunal (NGT) in India was established in 2010 under the National Green Tribunal Act to address environmental disputes efficiently and effectively. It serves as a specialized judicial body focused on cases related to environmental protection, conservation of natural resources, and enforcement of legal rights concerning the environment. The NGT’s establishment aligns with India’s commitment to international treaties like the Rio Declaration, 1992, emphasizing access to justice in environmental matters.

The tribunal comprises judicial and expert members with expertise in environmental sciences and law, ensuring decisions are both legally sound and scientifically informed. It has jurisdiction over civil cases involving substantial environmental questions, including violations of environmental laws such as the Water (Prevention and Control of Pollution) Act, Air (Prevention and Control of Pollution) Act, Forest (Conservation) Act, and Biological Diversity Act.

The NGT follows principles like sustainable development, the precautionary principle, and polluter pays principle while adjudicating cases. Its orders are binding and can be appealed only in the Supreme Court. Over the years, the NGT has played a pivotal role in addressing issues like river pollution, illegal mining, deforestation, and industrial emissions, contributing significantly to environmental governance.

By providing speedy and cost-effective resolutions, the NGT has emerged as a critical institution for safeguarding India’s ecological balance. It ensures accountability and promotes environmentally responsible practices among industries, governments, and individuals, reinforcing the importance of protecting India’s natural heritage for future generations.