Environmental Milestones

The Indian Forest Act (1927) was the only environment-related legislation in place in colonial India. A little over 40 years later, in 1980, this law was subsequently amended to be named the Forest (Conservation) Act.

India was the first country to incorporate protection of the environment as a fundamental duty (under Directive Principles of State Policy). Article 48-A of the Constitution provides for the protection and improvement of environment and safeguarding forests and wild life

Article 51 (G) states: "It shall be the duty of every citizen of India to protect and improve the natural environment including forest, lakes, rivers and wildlife and have compassion for living creatures."

A committee on Human Environment was first set up during fourth five year plan (1968-73) in 1970 under chairmanship of Pitambar Pant. Its brief was to prepare a country report for the UN Conference on Human Environment

In February 1972, a National Committee on Environmental Planning and Coordination (NCEPC) was set up.

With the enactment of the Water Act in 1974, the Central Board for

Prevention and Control of Water Pollution was established in September 1974. The state pollution control boards were set up subsequently.

Protection of the environment came up as an electoral issue for the first time in January, 1980. In November the same year, the Tiwari Committee constituted a separate Department of Environment (DoE) for planning, promoting and coordinating activities related to the environment.

The ministry of environment and forests was finally set up in 1985.

Here is a run down on the key environmental laws in India:

1974: The Water (Prevention and Control of Pollution) Act

1975: The Water (Prevention and Control of Pollution) Rules

1977: The Water (Prevention and Control of Pollution) Cess Act

1978: The Water (Prevention and Control of Pollution) Cess Rules

1981: The Air (Prevention and Control of Pollution) Act

1982-3: The Air (Prevention and Control of Pollution) Rules

(*Note: Under both the Water and Air Acts, an organisation or individual can initiate action against the offending company only after serving a 60-day notice. Further, the individual/organisation has no right to take samples or examine the investigation reports)

1986: The Environment (Protection) Act

1986: The Environment (Protection) Rules

1989: The Hazardous Wastes (Management and Handling) Rules

1989/94: Manufacture, Storage and Import of Hazardous Chemical Rules/ Amendment Rules, 1994

1989: Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms, Genetically Engineered Micro-Organisms or Cells Rules

1991: The Public Liability Insurance Act

1991: The Public Liability Insurance Rules

(*Note: This act provides for compulsory insurance and the formation of an Environment Relief Fund. The premium and contribution of the owner is calculated on the paid-up capital of his establishment. A maximum sum of Rs 25,000 as compensation in the event of a fatal accident. A maximum of half that sum can be availed of as medical expenses.)

1992-3: Environment (Protection) Rules -- Environmental Statement

1993: Environmental (Protection) Rules -- Environmental Standards

1994: Environmental (Protection) Rules -- Environmental Clearance

1995: The National Environmental Tribunal Act

1996: The Environment (Protection) Rules -- Environmental Standards

Apart from these laws, there are provisions in the Criminal Procedure Code (1973) that may be evoked to initiate action against environmental offenders. Section 133 provides for abating public nuisance or compelling the polluter to take steps to control pollution. Section 144 can be invoked in case of an emergency (though this section has not been invoked to date). But these are provisions under general law and cannot offer complete redressal.

There are provisions in the Indian Penal Code, too, that can be used in the case of pollution cases.

-- Section 277 concerns fouling water of a public spring or reservoir

-- Section 278 deals with cases of atmosphere being rendered noxious

-- Sections 425 and 426 concerns any matter "causing destruction of any property or any such change in property which diminishes its value or utility".

A noteworthy amendment to the Factories Act (1948) was made in 1986 with a chapter on provisions relating to hazardous processes. Section 41 (a) provided for the setting up of site appraisal committees, which were required to process applications for establishing and expanding factories involving hazardous processes. Section 41 (b) of the Act also provides for compulsory disclosure of information by the "occupier" of the factory. Section 110 (A) provides for the right of workers to obtain information relating to their health and safety at work. Section 118 (A) protects workers complaining against health hazards in the work place and restricts the inspector from disclosing the source of complaint against the offending company.

In a recent amendment (April 10, 1997) the MoEF amended the Environment (Protection) Act 1986 to include public hearings before the grant of environmental clearance. Once the necessary papers are submitted to the State Pollution Control Boards, the boards would advertise the project in newspapers in the region (at least one of which is in the local language), advertising the date, time and place of a public hearing, eliciting comments, views and objections to the project in a space of 30 days. The board hearing will include a representative of the SPCB, the district collector, a representative of the state government and the department concerned, upto three representatives of local bodies and three senior citizens of the area.

Under both the Water and Air Acts, an organisation or individual can initiate action against the offending company only after serving a 60-day notice.