AMITY UNIVERSITY UTTAR PRADESH,

NOIDA.

NAME: ARUSHI CHAUDHARY

PROGRAMME: B.A.,LL.B (H)
BATCH: 2023-2028
ENROLLEMENT NO: A3211123128
COURSE TITLE: ENVIRONMENTAL LAW AND STUDIES
COURSE CODE: LAW 674
SUBMITTED TO: MS ARJOO TAILOR
TOPIC: ISSUES INVOLVED IN ENFORCEMENT OF
ENVIRONMENTAL LEGISLATION.
 ACKNOWLEDGEMENT

I would like to thank MS ARJOO TAILOR for her help with the completion of the ENVIRONMENTAL
LAW AND STUDIES assignment on the subject of ISSUES IN ENFORCEMENT OF
ENVIRONMENTAL LEGISLATIONS, as well as for her academic support and kind criticism. Her
conduct and concern have enabled me to finish this study project on schedule. Since she assisted me
in gaining access to material from relevant university departments, I would also welcome her opinion
and cooperation. Her assistance with this project was essential because she cleared up all of my
questions.

Lastly. I want to express my gratitude to my friends and family for their concern and support during
my research.
 ENVIRONMENT AND ENVIRONMENT LAW

What is ENVIRONMENT- Environment refers to the things around us. They could be inanimate
objects or live things. Physical, chemical, and other natural forces are included.

Why environment is important-

 It is possible to produce goods and services using environmental resources, which comprise
both renewable and nonrenewable resources.
 The components of the environment—sunlight, water, air, and soil—are all necessary for
human survival. It preserves genetic diversity and biodiversity, which guarantees the survival of
life.
 Waste is produced when things are produced and consumed. Waste is mostly junk, which the
environment helps to remove.
 Only because the environment still exists can humans truly appreciate the beauty of
mountains, lakes, rivers, deserts, and a myriad of other breathtaking natural features.

What is ENVIRONMENTAL LAW- Enacted and enforced by local, national, or international authorities,
environmental law comprises the principles, rules, directives, and laws that govern how humans treat
the nonhuman world.

Why environmental law is possible-

 In order to encourage sustainable development and protect ecosystems for both the present
and the future, environmental law provides an essential foundation.
 It covers a wide range of topics, including as waste management, wildlife preservation, land
use, mitigation of climate change, and air and water quality.
 It attempts to achieve a balance between economic development and environmental protection
by putting in place legislative frameworks to regulate human activities that have an influence
on the environment.
 ENVIRONMENT LAWS IN INDIA

 HISTORY OF DEVELOPMENT OF STATUTORY AUTHORITY

FOR ENVIRONMENTAL LAW IN INDIA

Following the 1972 UN conference on the human environment in Stockholm, a

comprehensive and well-developed framework for environmental protection was
created. As a result, the department of science and technology established the National
Council for Environmental Policy and Planning in 1972.This was put in place to create a
regulatory body that would oversee all environmental-related problems and difficulties.
Later on, the Ministry of Environment and Forests replaced this council.

 ENVIRONMENT RELATED PROVISIONS IN INDIAN

CONSTITUTION

The Indian Constitution includes environmental protection among the Fundamental Duties and
Directive Principles of State Policy.

 Directive Principles of State Policy (Part IV) Article 48A- Preserving and enhancing the
environment, as well as protecting forests and wildlife The State will work to preserve and
enhance the nation's woods and animals as well as to protect the environment.

 Fundamental duties (Part IV A) Article 51A- To be compassionate toward all living things and to
preserve and enhance the natural environment, which includes lakes, rivers, forests, and
wildlife.
  SOME OF THE ENVIRONMENT LAWS IN INDIA

1. The Wildlife (Protection) Act, 1972- Under the Act, wild animals, birds, and plants are protected, along
with items related, ancillary, or incidental to the protection of these species. The entire country of India
is covered.

It offers different levels of protection with six schedules:

a) Absolute protection is provided by Schedule I and Part II of Schedule, and the harshest penalties
are stipulated for violations.

b) Though there are less severe penalties, species included in Schedules III and IV are nonetheless
protected.

c) Legally speaking, animals included in Schedule V, such as fruit bats, mice, rats, and common
crows, are regarded as pests and are open to hunting.

d) Planting and cultivation of the designated indigenous plants in Schedule VI is forbidden.

2. The Water (Prevention and Control of Pollution) Act,1974- Set and implement effluent
regulations for manufacturers that release pollutants into waterways.

3. The Air (prevention and control of pollution) act,1981- The Act's salient characteristics
comprise:

a) advising the Central Government on matters pertaining to air and air pollution.

b) Studies on the origins and effects of air pollution.

c) Raise consciousness to halt air pollution.

d) To create national and state boards and give them authority to oversee pollution and
keep an eye on air quality.

4. The Environment (Protection) Act, 1986- The Act discusses taking into account the following
elements:
 a) When formulating recommendations and implementing actions, mitigating, alleviating,
and restoring the effects of nature are crucial.

b) Delays in implementing prudent ecological security measures shouldn't result from real
or irreversible threats to the integrity of the environment or from a lack of certainty.

c) Every individual bear financial and other responsibility for any negative effects on the
environment resulting from their actions or inaction.

d) Administrative, managerial, and procedural processes need to possess certain

attributes, such being flexible, reasonable, timely, and efficient.

Beyond the acts mentioned above, there are a plethora of additional acts that are related to
the environment.

 ISSUES INVOLVED IN ENFORCING THE ENVIRONMENT

LEGISLATIONS

1. Information freedom: Planning and management for the environment suffers when
information is unavailable to the general public, non-governmental organizations, or even
government agencies. Today, a lot of nations are starting to make more information
available; the United States has the Freedom of Information Act, and the European Union is
following suit. Even nevertheless, a lot of governors and multinational companies worry that
if they disclose too much, industry secrets would end up in the hands of rivals. In certain
cases, the government will even proclaim strategic necessities and halt publication.

2. Excluding Normal Public: Environmental laws in India are characterized by a similar

feature: public engagement is not allowed in their implementation. The interests of the
corporations that benefit at the expense of the environment are always well-represented
and safeguarded, but not those of the average person who is harmed by pollution and
environmental deterioration.

3. Lack of funding: It might occasionally make it impossible to enforce the law. Consider the
 example of India's contaminated rivers. It is often recognized that home sewage, which
towns carelessly discard into the closest rivers, is the main cause of river pollution. If a
significant effort is not made to stop towns from disposing of their rubbish in rivers, the
major cleanup operation of rivers will be a pointless endeavor. Everyone is aware that
municipal waste can be treated with technology. However, the majority of towns are unable
to cover the expense.

4. Public Opposition: Environmental law's implementation is further complicated by popular

resistance. As seen by the challenges encountered in putting the Supreme Court's decision
outlaw diesel public cars older than ten years old and to completely prohibit the registration
of diesel vehicles in the National Capital Region was also met with opposition from the
general population.

5. Authorities’ decision: A more significant issue with the application of environmental laws is
authorities' overlapping jurisdiction when it comes to monitoring businesses' safety
equipment and systems and deciding whether to grant or refuse Certificate of Objection
(NOC). Therefore, even with air and water pollution Board may decline to issue a NOC, and
the Municipality may authorize an industrial unit upon which it might begin producing
goods.

 WHAT IS NEED OF IMPOSING LEGISLATIONS ON LAW

1) Management of Resources: Environmental laws aid in the management of limited

resources, including minerals, forests, and water. To guarantee that these resources are
available for future generations, legislation might be enacted mandating sustainable
management techniques.

2) Eliminating Pollution: To stop the contamination of air, water, and soil, environmental
laws can establish emission limitations, pollution control guidelines, and waste
management rules. This is essential to lessening the harm that human activity and
industry cause to the environment.

3) Fostering Public Education and understanding of Environmental Issues: Laws have the
power to encourage public education and understanding of environmental issues. They
could, for example, require environmental impact evaluations for development projects
and encourage public involvement in the decision-making process.
4) Developing Legal Frameworks for Environmental Governance: The framework for
government organizations tasked with upholding environmental regulations is
established by legislation.

5) Environment Guarding: Safeguarding the natural world is one of the main goals of
environmental laws. This covers the protection of ecosystems, wildlife, and natural
resources. Without laws, there may be environmental degradation, pollution, or
overexploitation, which would cause long-term harm to the ecosystem.

6) Public health is directly impacted by a number of environmental challenges. Legislation

is required to protect people from exposure to toxic substances and dangerous
pollutants by setting standards for the quality of the air and water, as well as the safe
disposal of hazardous waste.

7) Maintenance of Biodiversity: Preserving biodiversity requires enforcing environmental

regulations. In order to preserve the vast biodiversity of the Earth, laws pertaining to
protected areas, endangered species, and habitat protection may be included.