ENVIRONMENTAL LAWS AND POLICIES via Aishwarya Sandeep

ENVIRONMENTAL LAWS AND POLICIES - featured image

Environment is a comprehensive term. It includes a wide variety of phenomenon. Environment includes the external conditions, resources etc to facilitate the interaction of various organisms. Law is all pervasive. Environmental law is  a body of law which consists of statutes, common laws, conventions, regulations and policies which seeks to protect the natural environment. We humans are cruel and selfish in nature. To satisfy our needs we exploit the natural resources and these activities tends to be harmful for environment. Some environmental laws are imposed to regulate the quantity and nature of impacts of human activities. Other environmental laws are preventive in nature in order to control the human activities. Environmental crime refers to violation of laws intended to protect the environment and maintain public health. Industrialization possessed a serious concern for the protection of environment.

IMPORTANT LEGISLATIONS:

  • The National Tribunal Act, 2010: It has been enacted with the objectives to provide for establishment of a National Green Tribunal (NGT) for effective  and speedy disposal of cases. The sole objective is to enforce legal rights to environment and give relief along with protection and conservation of forests and natural resources. The Act intends to establish a tribunal in order to deal with the environmental laws related to air, water, forests etc.
  • The Air (Prevention and Control of Pollution) Act, 1981: This Act mainly focuses on how to control and prevent air pollution. It imposes strict rules to combat air pollution. Under this Act, a separate body is formed i.e. SPCBs to inspect pollution control equipment and manufacturing processes. The Air Act empowers the State Government to declare the areas as air pollution control areas after consultation with the SPCBs.
  • The Water (Prevention and Control of Pollution) Act, 1974: This Act has been enacted to provide for the prevention and control of water pollution. Under this Act separate Boards are established in order to carry out the aforesaid purposes. The main objective is to maintain standards through discharge of pollutants from various water bodiesNon- compliance with the rules may impose penalties on private individuals or industries.
  • The Environmental Protection Act, 1986: This Act provides for the protection and improvement of environment. Proper framework is prepared to handle threatening situations and protect the ecological sensitive areas. Certain measures are taken  such as regulation of location of industries, disposal of hazardous wastes and protection of public health and safety etc. The sole objective is to set standards for emissions and discharge of pollution in the atmosphere and improve the quality of environment. Non-compliance of the Environment Act may impose penalty and punishment to the violators. The Violator will be punishable with imprisonment up to 5 years or with fine up to Rs. 1,00,000 or with both. If the offence is continued, then an additional fine of up to Rs. 5,00,000 for every day will be levied.
  • Hazardous Wastes Management Regulations: Hazardous wastes includes any physical, chemical, toxic and explosives characteristics in nature which can cause damage to environment. E-Waste Management is a part of this, with the objective to reduce the use of hazardous substances in electrical and electronic equipment. The hazardous wastes generated need to be channelized through proper sewage system for environmentally sound recycling.
  • Biodiversity Act, 2000: India is rich in biological diversity. One of the major challenges is in adopting an instrument which helps to realize the objectives of equitable development. The sole objective of this legislation is to regulate the access to biological resources so as to ensure equitable sharing. Prior approval is required before obtaining any biological resource from concerned authorities.

IMPORTANCE:

Environmental law and legislation are imposed in protecting humans as well as the different plants and animals in the ecosystem. Environmental law ensures that individuals, governments do not cause harm to the environment or its ecosystems and live with harmony. Waste Management is one of the biggest problems that is faced by different nations. Environmental laws ensures that the waste management process doesn’t impact the environment or human health. The main concern of such laws is to make sure the industries meet all legal obligations with respect to the environment. Officers and rank officials are appointed to enforce such laws without interference from outside. The environment officers and enforcers need to be protected by law so that they can be able to do the job in an efficient manner.

CONCLUSION:

Environmental Regulation is necessary to prevent the upcoming threats to environment and ensure protection through measures. But, citizens in environmental management are not sufficiently institutionalized in most of the local areas. This can be due to lack of awareness or the local bodies are reluctant to perform their duties. Also, the economic, human and technological resources to meet the requirements of efficient local environmental management are limited. We see numerous legislations are framed and passed by the Parliament. Regulatory measures are considered by some people. Although, individuals and community groups undertaking local projects for environmental remediation. The strategies of partnerships , selp-help and community empowerment have been used to encourage participation. Through, this community groups environmental problems are raised and redressed to the best possible manner with combined efforts of public and Government.

BIBLIOGRAPHY:

Aishwarya Says:

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Environment is a very comprehensive term. It includes a wide variety of phenomenon.Environment includes the external conditions, resources etc to facilitate the interaction of various organisms. Law is all pervasive. Environmental law is  a body of law which consists of statutes, common laws, conventions, regulations and policies which seeks to protect the natural environment. […]

ENVIRONMENTAL LAWS AND POLICIES — Aishwarya Sandeep