Evolution of Environmental Protection Laws and Policies in India

Author - Associate Megha Motwani

Evolution of Environmental law in India

Earth being a unique planet is the only planet among millions of other stars and planet in the universe which can actually hold life. Life has evolved on earth after billions of years with the combination of air, water, soil making it possible for life to exist; this might seem a bit philosophical but in order to understand the underlying meaning of why our constitution is such, one must give a thought to the most trivial as well. So, all the living and non-living components around us constitute environment. These processes maintain our life.

Protecting environment is equal to protecting life on earth. Protecting and improving environment is a constitutional mandate in India. India is a welfare state it has been committed to protection of environment and the protection of its citizen.  The Indian constitution contains specific provisions for environmental protection. It provides for the same under the chapter of directive principles of state policy and fundamental duties.

History of Environmental protection in India

In June 1972 a conference conducted by United Nation on the Human Environment was held at Stockholm. It provided for taking of steps towards the prevention of depletion of the natural resources of the mother Earth. India was also a party to this conference and in its agenda it included preservation of quality of air, water and to lessen the pollution in the country.

Biggest concern is the industrial emission which is responsible for enhancing the level of greenhouse gases and as such more and more of infrared radiation is absorbed which enhances the temperature of earth and is termed as global warming.

Most basic laws to be followed

· There are ample of Indian Acts which provide for the issue of quality of environment. One of the basic laws to be followed is of The Water (Prevention and Control of Pollution) Act of 1974, as the water constitutes an integral part of one’s life. The water is also exposed to contaminated air all time due to which it is polluted and thereby, had become unfit for use. The Act provides for prevention of water pollution by industrial, agricultural and household wastewater and aims to maintain and restore wholesomeness of water.

· After this the laws of The Air (Prevention and Control of Pollution) Act, 1981 is need to be followed. Air being a direct source of our life may cost life of any living thing if there is any negative change in it. Presently, the presence of greenhouse gases in atmosphere is responsible for moderating the temperature of earth. In their absence the temperature of earth can be -20°C. These gases are transparent to incoming solar radiations of shorter wavelength but absorb the infrared radiation which is generated from the surface which happens to be of a greater wavelength. They also revert them back which is referred to as carbon flux and due to these activities the temperature of earth gets moderated and it becomes conducive for our survival.

· The other act is The Environment Protection Act, 1986 the foundation of which is laid on the Bhopal gas disaster which led to increased environmental awareness and activism in India. The act is considered as umbrella legislation and provides for the protection of environment as a whole.

Government policies over time

Since a number of geographical phenomenon are determined by temperature, climate change due to global warming is inevitable. Thus, in this regard the most significant initiatives taken by the government are:

1. Initiative to combat air pollution

In 2015 India lost the maximum number of lives due to pollution. According to the report of The Lancet Commission on pollution and health there were around 2.5 million of deaths out of which 1.8 million died due to air pollution. In this regard the government formed

a. National Air Monitoring Programme (NAMP) - this programme is conducted by the Central Pollution Control Board (CPCB) in all the major town and cities in India. The objective of this programme is:

- Firstly to get data of the quality of surrounding air in different parts of India.

- Second, is to utilize this data to analyses the trends and pattern of air quality, to record during which season the pollution is very high and during which it is low, during which time of today the pollution is high and during which festivals or cultural activities the air pollution is high.

- Third, objective is to find out whether the cities and town are following the National Ambient Air Quality Standard (NAAQS).

b.  National Ambient Air Quality Standard (NAAQS) – the standards are again provided by the CPCB, these standards are the maximum permissible levels of pollutant level that are existing in the ambient air. Thus, whenever the standard levels are not maintained the CPCB takes appropriate measures.

2. Initiative to combat Global Warming

a. Greenhouse Gas Protocol

This protocol was signed in 1997 by world resources institution and world business council on sustainable development for the purpose of monitoring, measuring and management of greenhouse gas emission. The big industrial units manage their emissions with the help of this protocol only.

b. Green Energy Corridor Project

Environmental policies in India initiative was taken by government of India in the year 2013 with an allocation of 43,000 crore INR. Under this project solar powers would be established in 8 states of India (M.P, Maharashtra, Rajasthan, Gujarat, Karnataka, Tamil Nadu, Andhra Pradesh and Himachal Pradesh). Energy developed from these parts would be fed into the national power grid from where there would be regulated supply of electricity. This would also transform national power grid into smart grid.

Paris Agreement

India ratified the Paris Climate Agreement on 1st April 2016 which then was formally came to be known as Conference of Parties (CoP 21). At present it is CoP 24 and the meeting was held in Poland and the CoP 25 will take place on 1stDecember in Chile. The countries started meeting up every year to discuss issues of climate change back in 1994 only.

The Paris Agreement is a regime in itself to tackle climate change due to global warming and the change occurring due to developmental activities taking place around the world leading to destruction of forest area. The agreement is thus, made under United Nations Framework Convention on Climate Change (UNFCCC). UNFCCC came into existence in 1994 but the idea of same was evolved at The Earth Submit in 1992.

In order to put Paris Climate Agreement to action an important clause has been inserted according to which 55 countries who are directly responsible for 55% of global emission of the world have to ratify this agreement. However, now all the countries have ratified it. So, the requirement of the clause has been fulfilled. To be mentioned, among these countries the U.S. and China constitute 38% of global emission i.e., 18% and 20% respectively, whereas, India is liable for total of 4 % of global emission which is very small in comparison to monstrous like U.S. and China. However, India has set a very huge target of reducing emission by 33 to 35% by 2030 compared to the year 2005.

Impact on nation

The Paris Agreement will have a positive impact on the member nation as the primary objective of this agreement is to mitigate emissions and for the same they have drafted their long-term goal according to which the increase in global temperature is to be kept below 2℃.

To make this plan effective the developed countries will extend their support to developing nations and help them out in mitigating emissions and built resilience to climate change impacts. Are also, voluntarily involving in providing financial support for which they will mobilize USD 100 billion, which is also called Green Climate Fund, per year by 2020 and extend this until 2025.

Also the CoP 22 has led to the formation of Marrakesh Agreement the object of which is to reaffirm the objectives of Paris declaration. A group of 47 nations called climate vulnerable forum stated that they would be the 1st to turn their economies green with zero emissions. This is a group of small nations which faces the threat of submergence in the near future due to rise in sea level.