A REFERENCE TO THE ECOLOGICAL LEGISLATIONS AND GOVT ACTIONS FOR THE PROTECTION OF ENVIRONMENT
Hemandh Viswanath, MA in History, Pondicherry Central University.
ABSTRACT
Environmentalism is not a fixed concept. It is always evolving and is influenced by its context. This also applies to Indian environmentalism. The concept of environmentalism has developed and changed throughout the years. There is a rapid evolution in the Indian legislation on the environment after independence. We can see environmental laws even from ancient times which include Buddhism and Jainism rules. The legacy of these ancient laws continues to the medieval and British eras and the coming of modern legislation on environmental laws in India. A great sense of concern has been shown by the legislature and even the Indian judiciary regarding the environment with its landmark judgements. Some of the important landmark legislations are: -
Policy and Laws in Ancient India (500 BC-1638 AD)
Policy and Laws in Medieval India (1638-1800 AD)
Shore Nuisance (Bombay and Kolaba) Act, 1853
The Merchant Shipping Act of 1858
The Indian Fisheries Act, 1897
The Bengal Smoke Nuisance Act of 1905
Bombay Smoke Nuisance Act of 1912
Wild Birds and Animals Protection Act, 1912
Indian Forest Act, 1927
Wildlife protection act, 1972
Prevention of Cruelty to Animals Act 1960
Forest (Conservation) Act, 1980
The Water (Prevention and Control of Pollution) Act, 1974
The Air (Prevention and Control of Pollution) Act,1981
The Environment (Protection) Act, 1986
The Public Liability Insurance Act, 1991
The Biological Diversity Act, 2002
The Water (Prevention and Control of Pollution) Cess Act, 1977
Ganga Action Plan, 1986
National Water Policy
Coastal Regulation Zone
Godavari Water Disputes Tribunal
Interstate River Water Disputes Act
Krishna Water Disputes Tribunal
National Green Tribunal Act
The Hon'ble Supreme Court through its various judgements also held that the right to life includes the right to a clean environment, drinking water and pollution-free atmosphere. These judgments include the famous Taj Mahal Case, Dehradun Valley Case, Smoking in Public Places Case, Pollution in Delhi Case, Sri Ram Food and Fertilizer Case, Public Health Case, Public Park Case and several landmark judgments on Sustainable development. The policies regarding the environment have changed very rapidly through legislation as well as judicial interpretations but still, there is a need for further growth and development in this regard. The environmental protection legislation in many countries is not effective in the case of India. The regulations are only effective if they are properly enforced. The proper enforcement of these laws was not done in India as of now. Because of the huge population of India, there have been enormous demands placed on the environment and these regulations are not efficient in dealing with the current scenario.
Keywords: Environment, Legislation, Pollution.
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