Comparative Analysis of Environmental Laws: India vs. Other Countries

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Author Nandini Achhra from Vivekananda institute of professional studies Delhi

INTRODUCTION

The natural environment or natural world consists of all living and non-living things that take place naturally, meaning not artificial and not constituting human involvement. The term is most frequently used to explain the Earth or some parts of Earth. This environment embraces the interaction of all living species, climate, weather, and natural resources that impact human survival and economic activity. The natural environment concept can be differentiated with regards to components:

Complete ecological units operating as natural systems without huge civilized human intervention, involving all vegetation, microorganisms, soil, rocks, atmosphere, and natural phenomena that take place within their boundaries and their nature.
Universal natural resources and physical phenomena lacking clear-cut boundaries such as air, water, and climate as well as energy, radiation, electric charge, and magnetism, not arising from human activities that are civilized. Contrasted with natural environment there is also a built environment. In such areas where humans have essentially altered landscapes into: urban settings and conversion of agricultural land, the natural environment is highly altered into a human simplified environment. Even acts which appear less radical, like constructing a mud hut or a photovoltaic system in the desert, the altered environment becomes an artificial one. While many animals construct things to give themselves a better environment, they are not human, therefore beaver dams, and the works of mound-building termites, are considered as natural.

One seldom finds absolutely natural environments on Earth, and the naturalness is more likely to vary on a continuum from 100% natural in one extreme to 0% natural in the other. More precisely, we consider the aspects or components of an environment and notice that their degree of naturalness is not uniform. For example, in an agricultural field, the mineralogical composition and structure of its soil are comparable with those of an un Managed forest soil, but the texture is very different.

IMPORTANCE OF ENVIRONMENTAL LAWS

Human existence is very much dependent upon the environment. There is a dire need for some legislation to be implemented in order to conserve the environment.

Environmental laws provide foundation for us to deal with the environment in a responsible manner. Various governmental and non- governmental bodies aim to protect the environment and implement laws.

The two major issues of the environment law are conservation and management. This customary law is comprised of environmental treaties, agreements, regulations, and legislation. It was also essential that the rules regarding the environment were implemented and human along with nature could live in harmony. Violation of these rules can result in various repercussions. Ensure protection to human health as well as environment The main aim of the environment law is to protect human health and the environment. It all boils down to finding the perfect balance. Environmental protection ensures that environmental activities have no negative impact on the environment, human health, or animal health.

Protection includes air quality, water quality, waste management, pollution remediation, chemical safety, and resource sustainability legislation. Thus, environmental laws play a critical role in safeguarding humans, animals, ecosystems, and natural. resources against risks. There are several activities that put people’s lives and the environment at risk, and the law has to take responsibility in ensuring they are protected.

One of the examples where the environmental law applies is in the use of harmful pesticides in agriculture. This is because such pesticides have serious adverse effects on human and animal health. There would be no curbing on pollution, contamination, hunting, or even disaster relief if these regulations did not exist.

Waste management in a proper way- One of the biggest challenges that faces the world today is waste management. It’s a huge problem that requires coming up with cost-effective and eco-friendly waste management techniques. It will be easy to protect the environment with proper trash management. The objective of environmental law is to make sure that waste management does not have negative effects on the environment or human health, and that waste is disposed of in such a manner that is in accordance with the set requirements and practices. Sweden, for example has reached a point that it is now importing garbage from other countries after coming up with superior technology in managing and recycling wastes.

Regulate industries and manufacturing- Business enterprises and industries are supposed to work within the confines of environmental law. Environmental legislation will ensure that businesses abide by all the legal requirements meant for environmental conservation and protection. The role of an environmental attorney is to make sure that companies abide by all the rules and are eco-friendly.

Protect environment officers- The business of environmental stewardship cannot be underscored. The officers and enforcers who ensure that laws are adhered to and taken seriously should be protected by the law and empowered to perform their jobs in the most effective way possible and without outside intervention. To that end, environmental officers and enforcers must be explicitly supported by law so that they can effectively carry out their work. In order to conduct and regulate their duties effectively, enforcers and police have to be protected from personal and other risks.

Evolution of Environmental Law

The Traditional Period (1900-1972), the Modern Period (1972-1992), and the Post-Modern Period (1992-present) are the three key periods In the history of international environmental law (1992-2012). The basic structure of international environmental law developed and Expanded during this period, and the first glimpses of international environmental law became evident. Legal efforts were undertaken at that time to Basis for developing and establishing global environmental law.
Policy and Legislation in Ancient India (500 BC-1638 AD)

Environmental awareness can be traced to the pre-Vedic Indian valley Civilization, that resided some 10 BC in northern India. This is evidenced by archaeological findings from Harappa and Mohenjo-Daro—two of the civilization’s most crucial towns. The construction of Fanned houses, neat streets, numerous wells, bathroom, public bathing houses and covered underground drains reflect their awareness towards Cleanliness and hygiene.

In Vedic culture — 1500–500 BC — protection of the environment and sanitation were of high priorities.

The Charka Samhita contains many recommendations for water purification (a medical science treatise that-. In Various punishments for cutting trees, damaging forests, and killing animals, and environmental ethics of nature conservation were applicable not only to common People, but also to rulers and kings in Kautilya’s Arthashastra, an ancient book on statecraft, economic policy, and military strategy.

Policy and Laws in Medieval India (1638-1800 AD):

To Mughal rulers, forests were nothing more than hunting grounds. The history of mediaeval India was dominated by the Muslim monarchs, with the Exception of the reign of Mughal Emperor Akbar, and no major improvements in environmental legislation happened. During Akbar’s rule Except rulers, others were prohibited from hunting or shikar. But no significant initiatives took place during the medieval period to Environmental protection and conservation of natural resources as the rulers were only interested in warfare, religion propagation and empire Building. Barring “royal trees’ ‘ which enjoyed patronage from being cut except upon a fee, there was no restriction on cutting of other trees,

Hunting animals, etc. Forests during this period shrank steadily in size.In M. C. Mehta vs. Union of India, the Supreme Court of India introduced a novel concept of management liability –“absolute and non-Able”- for disasters arising out of storage or use of hazardous materials from their factories (the Oleum Gas Leak case). No matter The corporation is negligent, it must ensure that no person is harmed. Though industries are necessary for the development of the country, the Supreme Court opined in Vellore Citizens Welfare Forum vs. Union of It is in India that the concept of “Sustainable Development” must be used as a counter-balance to the pollution that they produce. ‘Precautionary Principle’ and ‘Polluter Pays Principle’ has been accepted as a part of the law of the country. In Indian Council of Enviro-Legal Action vs. Union of India, (the Bichhri pollution case), following the decision in the Oleum Gas leak

Case and based on the polluter pays principle, the polluting industries were directed to compensate for the damage caused by them to the

Villagers in the affected areas, specially to the soil and to underground water. Enunciathe doctrine of ‘Public Trust’ in M. C. Mehta vs. Kamal Nath, the SC held that resources such as air, sea, waters and the forests have such a great importance to the people as a whole that By leasing ecologically fragile land to the Motel management the State Government had committed a serious breach of public trust.

The trajectory of change of environmental rights in India: An analysis from the historical point of view Active judicial intervention by NGOs, community Others have also set a series of important precedents, which often go beyond what the bare laws provide. There are umpteen Public Interest Litigation (PIL). Some of these Include the cases against the construction of the Tehri Dam (Tehri Bandh Virodhi Sangharsh Samiti vs. State of Uttar Pradesh, And Narmada Dams (Narmada Bachao Andolan v. Union of India against Deforestation (T. N Godavarman Thirumulpad vs. Union of India, SC 1636, a case that has since then spawned dozens orders pertaining To forests in India); against mining in the Aravallis (Tarun Bharat Sangh, Alwar vs. Union of India ; against mining in the Dehra Dun Hills (Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, against mining in adivasi lands of Andhra Pradesh Samatha v. State of Andhra Pradesh, 1997, a judgement with far-reaching implications for acquisition or use of adivasi lands elsewhere Too); on the implementation of the Wild Life (Protection) Act 1972; on the implementation of Coastal Regulation Zone measures (Indian Council

For Enviro-Legal Action vs. Union of India,13; on protection of the coastal area against destructive practices (Prof.Sergio Carvalho vs. The State of Goa,14; to the right of citizens to inspect official records; this was before the Right to Information Act came into force) — Goa Foundation vs. North Goa Planning and Development Authority. 15— against forest logging and other environmental aspects of Andaman and Nicobar Islands. The judgments in other cases have set important precedents and directions for the further development of policy, law and Practice.

Some of the important legislations for environment protection are as follows:

The National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) established the National Green Tribunal in order to adjudicate upon the disputes relating to Environmental protection, conservation of forests, and other natural resources, and enforcement of any legal right relating to these issues. In 1981, Congress passed the Air Pollution Prevention and Control Act.
The Air (Prevention and Regulation of Pollution) Act of 1981 (the “Air Act”) provides for the constitution of national and state-level authorities not only for the prevention, control, And abatement of air pollution but also for achieving the aforesaid ends.
In 1974, Congress passed the Water Pollution Prevention and Control Act.
The Water Pollution Prevention and Control Act of 1974 (the “Water Act”) has been enacted to provide for the prevention and control of water pollution in

The United States while at the same time maintaining or reestablishing water quality. It also establishes Water Pollution Prevention and Management Boards to Undertake the above tasks.

CONCLUSION

Environmental Justice in the crux means the rational sharing of the burdens and costs incurred in the process of the protection of the Environment, discharged through the procedural and substantive adjustments of rights and duties of the people and the states. It does not

Confine to the distribution and division of resources among the existing populations only, but extends to intergenerational equity also, i.e., the Emerging concept which believes that we humans have a special obligation as trustees of the planet towards the future generations.

That will come to preserve our planet and maintain the integrity of the planet, ensure the survival of the human race. Nature belongs to no one in particular, as it is one area in human life where everyone is equal and has equal rights to the land, air, water that belongs to the Is meant to be for the whole community and not for an individual to own and sell it for a profit, its for the whole society to share. Environmental justice will Not be success without appropriate law and governance behind it to provide it with the strong foundation and support it needs to stand its Ground and help in creating a sustainable future. Development and environment are linked with one another and are not mutually exclusive as one can’t be achieved without the progress of others.

References

 Agarwal, , Beyond pretty trees and tigers, The Vikram Sarabhai Memorial Lecture65 (Deep and Deep Publishers, New Delhi, 3rd

edn.,1985).

 Dr. Jai Ram Upadhyay, Environmental Law 43 ( Central Law Agency, Allahabad, 6th edn., 2005).

 D. Pavan Kumar Public Interest Litigation and Polluter Pay Principle 261 ALT 282 (2001).

 S .Shanthakumar, Environmental Law An Introduction 122, 123 (Surya Publication, Chennai, 4th edn., 2001).

 Agarwal, , Beyond pretty trees and tigers, The Vikram Sarabhai Memorial Lecture,’’ (Deep and Deep Publishers, New Delhi, 3rd

edn.,1985)

 Directive principles of the Indian Constitution, available at: https://lawcorner.in/fundamental-duties-and-environmental-

protection/ (Visited on Mar 20,2020)

 Dr. Jai Jai Ram Upadhyay, Environmental Law 20 (Central Law Agency, Allahabad, 5

th edn.,2005).