The Indian Constitution is amongst the very few in the world that contains specific provision in order tho protect environment, although it is explicitly found in the chapter of Directive Principles of State Policy and Fundamental Duties. However the recital in the Chapter of Fundamental Rights recognizes a person's right to life and the Courts have made the right to live in a wholesome environment a part of right to live.
Since the year 1972, India has been taking positive steps towards environmental protection and introduction of a host of environmental legislations followed. The most important of all of them, the Environment (Protection) Act, 1986, which is the umbrella Act designed to patch up all the deficiencies of the earlier Water(Prevention& Control of Pollution Act) 1976 and the Air( Prevention and Control of Pollution) Act
The other important legislations are the Wildlife (Protection) Act, 1972; the Forest (Conservation )Act, 1972; Hazardous Waste(Management, Handling & Transboundary Movement)Rules, 2008; the Public Liability Insurance Act, 1991; the National Environmental Tribunal Act, 1995; the National Environment Appellate Authority Act, 1997; the Factories Act, 1948; the Mines Act 1952; the Civil Liability of Nuclear Damages Act, 2010 and the Biological Diversity Act, 2002. India also has specific legislations with respect to coastal areas and nuclear, chemical and medical wastes.
Of all the national policies governing environmental management, the National Environment Policy, 2006 (NEP) is the most important pronouncement. NEP is based on the principle of sustainable development and is a guide to action in rules and regulations and projects.
The Ministry of Environment and Forests is the nodal agency of the Government of India which is responsible for regulating and ensuring environmental protection, formulation of environmental policy framework, survey and conservation of flora and fauna, forests and different ecosystems and also the planning, promotion, co-ordination and supervision of the implementation of environment protection programmes.
The responsibility of prevention and control of Industrial pollution is vested in the Central Polluion Control Board attachhed to the Ministry of Environment& Forests at the Central level and State Pollution Control
Boards at the states level under the respective State Ministries . The National Coastal Zone Management Authority.The and State Coastal Zone Management Authorities oversee the coastal zone regulations.
The Courts, along with the special Tribunals, the National Environment Tribunal and National Environment Appellate Authority are responsible for the enforcement of environmental laws.
The Indian regulatory framework encompasses civil and criminal liability for breach of the environmental protection laws. The PPP(Polluter Pays Principle) is what is Indian law when it comes to adjudication of pollution cases.The rule is absolute liability, a step higher than the rule of strict liability which is followed in England and the other commonwealth countries. Absolute liability means that enterprises engaged in hazardous and inherently dangerous activities would be absolutely liable to compensate those affected by an accident and such liability would not be subject to any of the exceptions which operate under the principle of strict liability.
Since the year 1972, India has been taking positive steps towards environmental protection and introduction of a host of environmental legislations followed. The most important of all of them, the Environment (Protection) Act, 1986, which is the umbrella Act designed to patch up all the deficiencies of the earlier Water(Prevention& Control of Pollution Act) 1976 and the Air( Prevention and Control of Pollution) Act
The other important legislations are the Wildlife (Protection) Act, 1972; the Forest (Conservation )Act, 1972; Hazardous Waste(Management, Handling & Transboundary Movement)Rules, 2008; the Public Liability Insurance Act, 1991; the National Environmental Tribunal Act, 1995; the National Environment Appellate Authority Act, 1997; the Factories Act, 1948; the Mines Act 1952; the Civil Liability of Nuclear Damages Act, 2010 and the Biological Diversity Act, 2002. India also has specific legislations with respect to coastal areas and nuclear, chemical and medical wastes.
Of all the national policies governing environmental management, the National Environment Policy, 2006 (NEP) is the most important pronouncement. NEP is based on the principle of sustainable development and is a guide to action in rules and regulations and projects.
The Ministry of Environment and Forests is the nodal agency of the Government of India which is responsible for regulating and ensuring environmental protection, formulation of environmental policy framework, survey and conservation of flora and fauna, forests and different ecosystems and also the planning, promotion, co-ordination and supervision of the implementation of environment protection programmes.
The responsibility of prevention and control of Industrial pollution is vested in the Central Polluion Control Board attachhed to the Ministry of Environment& Forests at the Central level and State Pollution Control
Boards at the states level under the respective State Ministries . The National Coastal Zone Management Authority.The and State Coastal Zone Management Authorities oversee the coastal zone regulations.
The Courts, along with the special Tribunals, the National Environment Tribunal and National Environment Appellate Authority are responsible for the enforcement of environmental laws.
The Indian regulatory framework encompasses civil and criminal liability for breach of the environmental protection laws. The PPP(Polluter Pays Principle) is what is Indian law when it comes to adjudication of pollution cases.The rule is absolute liability, a step higher than the rule of strict liability which is followed in England and the other commonwealth countries. Absolute liability means that enterprises engaged in hazardous and inherently dangerous activities would be absolutely liable to compensate those affected by an accident and such liability would not be subject to any of the exceptions which operate under the principle of strict liability.
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