THE ENVIRONMENT (PROTECTION) ACT, 1986

➔ Objective:-
- An Act to provide for the protection and improvement of environment and for matters
connected.
- United Nations Conference on the Human Environment held at Stockholm in June, 1972,
in which India participated, to take appropriate steps for the protection and improvement
of human environment;
- Relate to the protection and improvement of environment and the prevention of hazards
to human beings, other living creatures, plants and property;
- Enacted by Parliament in the Thirty-seventh Year of the Republic of India.

➔ Defintion
★ Section 2 (b) "environmental pollutant"​ ​means any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be, injurious to environment.

★ Section 2 (d) "handling",​ in relation to any substance, means the manufacture,

processing, treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale, transfer or the like of such substance.

★ Section 2 (e) "hazardous substance" ​means any substance or preparation which, by

reason of its chemical or physico-chemical properties or handling, is liable to cause harm
to human beings, other living creatures, plant, micro-organism, property or the
environment.

★ Section 2 (f) "occupier",​ in relation to any factory or premises, means a person who has,
control over the affairs of the factory or the premises and includes in relation to any
substance, the person in possession of the substance.

GENERAL POWERS OF THE CENTRAL GOVERNMENT

★ Section 3: ​Power of Central Govt to make measures to protect and improveenvironment.

★ Section 4: ​Appointment of officers & their powers & functions.

★ Section 9: ​Furnishing of information to authorities and agencies in certain cases.

★ Section 10: ​Powers of entery and inspection.

★ Section 11:​ Power to take sample & procedure to be followed in connected.

★ Section 12: ​Environmental Laboratories.

★ Section 13: ​Govt. Analysts.

★ Section 17: ​Reports of Govt. Analysts.

RIGHT TO INFORMATION ACT, 2005

➔ Objective
- to provide for furnishing certain information to citizens who desire to have it.
- enacted by Parliament in the Fifty-sixth Year of the Republic of India
- It extends to the whole of India except the State of Jammu and Kashmir.
- It is a part of FR’s under Article 19 (1) of the constitution, i.e, freedom of speech &
expression.

➔ Definition
★ Section 2 (a) "appropriate Government"​ means in relation to a public authority which
is established, constituted, owned, controlled or substantially financed by funds provided
directly or indirectly—
(i) by the Central Government or the Union territory administration, the Central
Government;
(ii) by the State Government, the State Government

★ Section 2 (e) "competent authority" ​means—

(i) the Speaker in the case of the House of the People or the Legislative Assembly of a
State or a Union territory having such Assembly and the Chairman in the case of the
Council of States or Legislative Council of a State;
(ii) the Chief Justice of India in the case of the Supreme Court;
(iii) the Chief Justice of the High Court in the case of a High Court;
(iv) the President or the Governor, as the case may be, in the case of other authorities
established or constituted by or under the Constitution;
(v) the administrator appointed under article 239 of the Constitution;

★ Section 2 (f) "information"​ means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks,
contracts, reports, papers, samples, models, data material held in any electronic form and
 information relating to any private body which can be accessed by a public authority
under any other law for the time being in force.

★ Section 2 (i) "record" ​includes—

(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether enlarged
or not); and
(d) any other material produced by a computer or any other device;

★ Section 2 (j) "right to information" ​means the right to information accessible under this
Act which is held by or under the control of any public authority and includes the right
to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in
any other electronic mode or through printouts where such information is stored in a
computer or in any other device.

★ Section 2 (n) "third party" ​means a person other than the citizen making a request for
information and includes a public authority.
 WHAT DOES RTI ACT, 2005 PROVIDES FOR?

➔ Section 3:​ all citizens shall have the right to information.

➔ Section 4: ​Proactive disclosures by authorities. (publish within 120 days)
Every public authority shall— maintain all its records duly catalogued and indexed in a
manner and the form which facilitates the right to information under this Act and ensure
that all records that are appropriate to be computerised are, within a reasonable time and
subject to availability of resources, computerised and connected through a network all
over the country on different systems so that access to such records is facilitated

➔ Section 6: ​Request for obtaining information.

A person, who desires to obtain any information under this Act, shall make a request in
writing or through electronic means in English or Hindi or in the official language of the
area in which the application is being made, accompanying such fee as may be prescribed
to public authority by providing contact details.

➔ Section 7: ​How your request will be treated

Public Information Officer on the receipt of a request, as expeditiously as possible, and in
any case within 30 days of the receipt of the request, either provide the information on
payment of such fees as may be prescribed or reject the request for any of the reasons
specified like security, copyright, commercials, etc.

➔ Section 8: ​Exemptions Organisations

- IB, RAW of Cabinet Secretariat
- DRI, Central Economics Intelligence Bureau
- Directorate of Enforcement
- Narcotic Contro Bureau
- Aviation Research Centre, Special Frontier Force
- BSF, CRPF, ITBP, CISF, NSG
- Assam Rifles, Special Service Bureau
- Special Branch (CID), Andaman & Nicobar
- The Crime Branch (CID-CB), Dadar & Nagar Haveli
- Special Branch, Lakshadweep Police
Information cannot be shared
- Sovereignity and Integrity of India
- Prevented by Courts
- Breach of priviledge of Parliament
- Trade secret, Intellectual Property
- Fiduciary relatoionship
- Info recieved by foreign govt
- Life & physical safety of any person
- Issues under investigation
- Cabinet papers
- Invasion in privacy

➔ Section 19 (1): ​First Appeal

Any person who, does not receive a decision within the time specified and is aggrieved
by a decision of the Central Public Information Officer or State Public Information
Officer, as the case may be, ​may within thirty days from the expiry of such period or
from the receipt of such a decision ​and you can file complaint with Information
Commission or file an appeal with first appellate authority.

➔ Section 19 (3): ​Second Appeal

A second appeal against the decision under sub-section (1) ​shall lie within ninety
days from the date on which the decision should have been made or was actually
received,​ with the Central Information Commission or the State Information
Commission.

➔ Section 20: ​Penalties & Disciplinary actions.

Where the Central Information Commission or the State Information Commission, at the
time of deciding any complaint or appeal is of the opinion that the Public Information
without any reasonable cause, r​efused to receive an application for information or has
not furnished information within the time specified in section 7 or malafidely denied
the request for information or knowingly given incorrect, incomplete or misleading
information or destroyed information​ which was the subject of the request or
obstructed in any manner in furnishing the information, it shall impose a penalty ​of two
hundred and fifty rupees each day till application is received or information is
furnished​, so however, ​the total amount of such penalty shall not exceed twenty-five
thousand rupees.

THE PROTECTION OF HUMAN RIGHTS ACT, 1993

 ➔ Objective
- This Act may be called the Protection of Human Rights Act, 1993.
- It extends to the whole of India, it applies to matters pertaining to Union List and the
Concurrent List only.
- It shall be deemed to have come into force on the 28th day of September, 1993.
- The National Human Rights Commission in India is an autonomous public body
constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28
September 1993.
- The Act is legislated to establish the National and State Human Rights Commission. The
act gives immense powers to the Commission in furtherance of prevention of violation of
human rights.
- The Protection of Human Rights Act, 1993 was enacted to provide for the constitution of:
➢ National Human Rights Commission (NHRC),
➢ State Human Rights Commission (SHRC) and
➢ Human Rights Courts for the protection of human rights.

➔ Definition
★ Section 2 (1) (d) “human rights” ​means the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in the International
Covenant and enforceable by courts in India.
★ Section 2 (1) (i) “National Commission for the Scheduled Castes” ​means the National
Commission for the Scheduled Castes referred to in Article 338 of the Constitution.
 ★ Section 2 (1) (ia) “National Commission for the Scheduled Tribes” ​means the
National Commission for the Scheduled Tribes referred to in Article 338A of the
Constitution.
★ Section 2 (1) (j) “National Commission for Women” ​means the National Commission
for Women constituted under section 3 of the National Commission for Women Act,
1990.

​ HAPTER II (Sec. 3-11, NHRC)

C
➔ Section 3: ​Constitution of a National Human Rights Commission
❏ Provides that the Central Government shall constitute a body known as the ‘National
Human Rights Commission’ to exercise powers confirmed upon and assigned to it under
the said act.
- A Chairperson, retired Chief Justice of India
- One Member who is, or has been, a Judge of the Supreme Court of India
- One Member who is, or has been, the Chief Justice of a High Court
- Two Members to be appointed from among persons having knowledge of, or
practical experience in, matters relating to human rights
- In addition, the Chairpersons of four National Commissions of ( 1.Minorities
2.SC and ST 3.Women) serve as ex officio members.

➔ Section 4: ​Appointment of Chairperson and other Members

- (1) The Chairperson and [the Members] shall be appointed by the President by warrant
under his hand and seal; and a 6 member committee which is headed by the Prime
Minister.
(a) The Prime Minister — Chairperson
(b) Speaker of the House of the People — Member
(c) Minister in-charge of the Ministry of Home Affairs in the Government of India — Member
(d) Leader of the Opposition in the House of the People — Member
(e) Leader of the Opposition in the Council of States — Member
(f) Deputy Chairman of the Council of States — Member
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High
Court shall be appointed except after consultation with the Chief Justice of India.

➔ Section 5: ​Resignation and removal of Chairperson and Members

- The Chairperson or any Member may, by notice in writing under his hand addressed to
the President of India, resign his office.
- the Chairperson or any Member shall only be removed from his office by order of the
President of India on the ground of proved misbehaviour or incapacity after the Supreme
Court, on reference being made to it by the President, has, on inquiry held behalf by the
 Supreme Court, reported that the Chairperson or the Member, as the case may be, ought
on any such ground to be removed.
- the President may, by order, remove from office the Chairperson or any Member if the
Chairperson or such Member, as the case may be–
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court;
or (e) is convicted and sentenced to imprisonment for an offence which in the opinion of the
President involves moral turpitude.

➔ Section 6: ​Term of office of Chairperson and Members

3 years or upto the age of 70 years, whichever is earlier

➔ Sec. 12-16: ​ ​Functions & powers of the Commission

STATE HUMAN RIGHT COMMISSIONS

(Sec. 21 to 29)
➔ Section 21: ​Constitution of State Human Rights Commissions
- a Chairperson who has been a Chief Justice of a High Court;
- one Member who is, or has been, a Judge of a High Court or District Judge in the State
with a minimum of seven years experience as District Judge;
- one Member to be appointed from amongst persons having knowledge of, or practical
experience in, matters relating to human rights.

➔ Section 22: ​Appointment of Chairperson and Members of State Commission

The Chairperson and Members shall be appointed by the Governor by warrant under his
hand and seal: and a 6 member committee which is headed by the Chief Minister.

➔ Section 23: ​Resignation and Removal of Chairperson or a Member

➔ Section 24: ​Term of Office

3 years or upto age of 70 years, whichever is earlier.

What are the amendments made?

- Composition of NHRC:​ The Bill provides that a person who has been Chief Justice of
the Supreme Court, or a Judge of the Supreme Court can be the chairperson of the
NHRC. The Bill allows 3 members to be appointed, of which at least one will be a
woman.
 - Members of the NHRC:​ The chairpersons of the National Commission for Scheduled
Castes, National Commission for Scheduled Tribes, and National Commission for
Women, National Commission for Backward Classes, the National Commission for the
Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.

- Chairperson of SHRC: ​The Bill provides for a person who has been Chief Justice or
Judge of a High Court can be chairperson of a SHRC.

- Term of office:​ The Bill reduces the term of office to 3 years or till the age of 70 years,
whichever is earlier. The Bill removes the five-year limit for reappointment found in the
act.

- Powers of Secretary-General:​ The Bill allows the Secretary-General and Secretary to

exercise all administrative and financial powers (except judicial functions), subject to the
respective chairperson’s control.

- Union Territories: ​The Bill provides that the central government may confer on a SHRC
human rights functions being discharged by Union Territories. Functions relating to
human rights in the case of Delhi will be dealt with by the NHRC.

INFORMATION TECHNOLOGY ACT, 2000

The salient features of the I.T Act are as follows −
- Digital signature has been replaced with electronic signature to make it a more
technology neutral act.
- It elaborates on offenses, penalties, and breaches.
- It outlines the Justice Dispensation Systems for cyber-crimes.
- It defines in a new section that cyber café is any facility from where the access to the
internet is offered by any person in the ordinary course of business to the members of the
public.
- It provides for the constitution of the Cyber Regulations Advisory Committee.
- It is based on The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The
Bankers' Books Evidence Act, 1891, The Reserve Bank of India Act, 1934, etc.
- It adds a provision to Section 81, which states that the provisions of the Act shall have
overriding effect. The provision states that nothing contained in the Act shall restrict any
person from exercising any right conferred under the Copyright Act, 1957.

➔ Scheme of I.T Act

The following points define the scheme of the I.T. Act −
 - The I.T. Act contains 13 chapters and 90 sections.
- The last four sections namely sections 91 to 94 in the I.T. Act 2000 deals with the
amendments to the Indian Penal Code 1860, The Indian Evidence Act 1872, The
Bankers’ Books Evidence Act 1891 and the Reserve Bank of India Act 1934 were
deleted.
- It commences with the Preliminary aspect in Chapter 1, which deals with the short, title,
extent, commencement and application of the Act in Section 1. Section 2 provides
Definition.
- Chapter 2 deals with the authentication of electronic records, digital signatures, electronic
signatures, etc.
- Chapter 11 deals with offences and penalties. A series of offences have been provided
along with punishment in this part of The Act.
- Thereafter the provisions about due diligence, role of intermediaries and some
miscellaneous provisions are been stated.
- The Act is embedded with two schedules. The First Schedule deals with Documents or
Transactions to which the Act shall not apply. The Second Schedule deals with electronic
signature or electronic authentication technique and procedure. The Third and Fourth
Schedule are omitted.

➔ Application of the I.T Act

As per the sub clause (4) of Section 1, nothing in this Act shall apply to documents or
transactions specified in First Schedule. Following are the documents or transactions to which
the Act shall not apply −

- Negotiable Instrument (Other than a cheque) as defined in section 13 of the Negotiable

Instruments Act, 1881;
- A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;
- A trust as defined in section 3 of the Indian Trusts Act, 1882;
- A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including
any other testamentary disposition;
- Any contract for the sale or conveyance of immovable property or any interest in such
property;
- Any such class of documents or transactions as may be notified by the Central
Government.