UPSC MainsGEOLOGY-PAPER-II201610 Marks
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Q27.

Enumerate the legislative measures in India for environment protection.

How to Approach

This question requires a comprehensive overview of Indian environmental legislation. The answer should be structured chronologically, starting with the earliest laws and progressing to more recent ones. Focus on key Acts, amendments, and their significance. Mention landmark judgments where relevant. A table summarizing the Acts and their key features would be beneficial. The answer should demonstrate an understanding of the evolving nature of environmental law in India, reflecting increasing awareness and stricter regulations.

Model Answer

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Introduction

India’s commitment to environmental protection is enshrined in its Constitution, specifically through Article 48A and 51A(g). However, the legislative framework for environmental protection has evolved significantly over time, responding to growing environmental concerns and international commitments. Initially, laws were sectoral and focused on specific pollutants. Over time, a more comprehensive and integrated approach has been adopted, leading to the enactment of several key legislations. The Bhopal Gas Tragedy (1984) served as a major catalyst for strengthening environmental regulations in India.

Early Legislative Measures (Pre-1980s)

Prior to the 1980s, environmental legislation in India was largely sectoral, addressing specific issues like forest conservation and pollution control. Key Acts included:

  • The Forest Act, 1927: Focused on the management and conservation of forests, granting powers to the government to regulate forest use.
  • The Rivers Pollution Prevention Act, 1974: Aimed at preventing and controlling pollution of rivers, though it lacked strong enforcement mechanisms.
  • The Water (Prevention and Control of Pollution) Act, 1974: Established State Pollution Control Boards (SPCBs) and the Central Pollution Control Board (CPCB) to monitor and regulate water pollution.
  • The Air (Prevention and Control of Pollution) Act, 1981: Similar to the Water Act, this Act focused on controlling air pollution and established standards for air quality.

Comprehensive Environmental Legislation (1980s - 2000s)

The 1980s marked a turning point with the enactment of more comprehensive environmental legislation, largely influenced by the Stockholm Conference on the Human Environment (1972) and the Bhopal Gas Tragedy.

  • The Environment (Protection) Act, 1986: This is an umbrella legislation providing a broad framework for environmental protection and empowering the central government to take measures to protect and improve the environment. It allows for setting standards, regulating industries, and conducting environmental audits.
  • The Forest Conservation Act, 1980: Amended the Forest Act of 1927, requiring prior approval from the central government for deforestation.
  • The Hazardous Waste (Management, Transboundary Movement) Rules, 1989: Regulates the handling, storage, and disposal of hazardous wastes.

Recent Legislative Measures (2000s - Present)

The 21st century has seen a focus on biodiversity conservation, climate change, and sustainable development.

  • The Biological Diversity Act, 2002: Aims to conserve biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from its utilization.
  • The National Green Tribunal Act, 2010: Established the National Green Tribunal (NGT) to provide speedy and effective redressal of environmental disputes.
  • The Coastal Regulation Zone (CRZ) Notification, 2011 (and subsequent amendments): Regulates activities in coastal areas to protect marine ecosystems.
  • The Compensatory Afforestation Fund Act, 2016: Manages funds collected from industries for deforestation, directing them towards afforestation and forest conservation.
  • The Plastic Waste Management Rules, 2016 (and amendments): Addresses the growing problem of plastic pollution.

Comparative Table of Key Environmental Acts

Act Year Key Features
Water (Prevention and Control of Pollution) Act 1974 Establishes SPCBs & CPCB, regulates water pollution.
Air (Prevention and Control of Pollution) Act 1981 Establishes SPCBs & CPCB, regulates air pollution.
Environment (Protection) Act 1986 Umbrella legislation, broad powers to the government.
Biological Diversity Act 2002 Conserves biodiversity, regulates access to biological resources.
National Green Tribunal Act 2010 Establishes NGT for speedy environmental dispute resolution.

Furthermore, India is a signatory to several international environmental conventions, including the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), and the Ramsar Convention on Wetlands, which have influenced domestic environmental policy.

Conclusion

India’s legislative framework for environmental protection has evolved considerably, reflecting a growing awareness of environmental challenges and a commitment to sustainable development. While significant progress has been made, challenges remain in terms of effective implementation, enforcement, and addressing emerging environmental issues like climate change and plastic pollution. Strengthening regulatory mechanisms, promoting public participation, and fostering inter-agency coordination are crucial for ensuring effective environmental protection in India.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Precautionary Principle
In environmental law, this principle states that lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Key Statistics

As of 2023, India’s forest cover is 24.62% of its geographical area (Forest Survey of India, 2023 report).

Source: Forest Survey of India, 2023

India generates over 62 million tonnes of waste annually, with only about 31% being processed (Central Pollution Control Board, 2018-19).

Source: Central Pollution Control Board, Annual Report 2018-19 (Knowledge Cutoff)

Examples

The Vellore Citizens Welfare Forum v. Union of India (1996)

This landmark case established the ‘polluter pays’ principle and emphasized the need for sustainable development, leading to stricter regulations for polluting industries.

Frequently Asked Questions

What is the role of the State Pollution Control Boards (SPCBs)?

SPCBs are responsible for implementing environmental laws at the state level, monitoring pollution levels, issuing consents to industries, and taking action against polluters.

Topics Covered

PolityEnvironmentEnvironmental law, Indian constitution, Conservation