India has a comprehensive framework of legal interventions for environmental

management, which include various acts, policies, and recent plans aimed at
addressing environmental challenges. Here are some key elements:
Legal Framework
1. Environmental Protection Act, 1986:
o This act is the cornerstone of environmental legislation in India,
providing a framework for the coordination of activities of various
central and state authorities established under other environmental
laws.
2. National Green Tribunal Act, 2010:
o Established the National Green Tribunal (NGT) to handle
environmental disputes involving multi-disciplinary issues. The
NGT focuses on expeditious disposal of cases related to
environmental protection, and conservation of forests and other
natural resources, enforcing legal rights related to the environment,
and providing relief and compensation for damages to persons and
property.
3. Forest Conservation Act, 1980:
o Restricts the deforestation of forests and ensures forest
conservation. It mandates prior approval of the Central
Government for the use of forest land for non-forest purposes.
4. Biological Diversity Act, 2002:
o Provides for the conservation of biological diversity, sustainable
use of its components, and fair and equitable sharing of the benefits
arising from the use of biological resources.
5. Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006:
o Recognizes the rights of forest-dwelling tribal communities and
other traditional forest dwellers to forest resources. It aims to
correct the historical injustice by recognizing the rights to hold and
live in the forest land for habitation or self-cultivation for
livelihood.
Recent Plans and Initiatives
1. National Action Plan on Climate Change (NAPCC):
 o Launched in 2008, NAPCC outlines eight national missions aimed
at promoting sustainable development while addressing climate
change. These include the National Solar Mission, National
Mission for Enhanced Energy Efficiency, and National Water
Mission, among others.
2. Plastic Waste Management Amendment Rules, 2021:
o Prohibits the manufacture, import, stocking, distribution, sale, and
use of single-use plastic items with low utility and high littering
potential.
3. National Clean Air Programme (NCAP):
o This programme aims to reduce particulate matter (PM)
concentrations by 20-30% by 2024 across the country, with a focus
on implementing mitigation measures in 102 non-attainment cities.
4. Green India Mission:
o Part of NAPCC, this mission aims to increase forest and tree cover
across the country and enhance ecosystem services like carbon
sequestration, biodiversity, and hydrological services.
5. Enhancing Climate Resilience of India’s Coastal Communities:
o This project, funded by the Green Climate Fund, aims to improve
the resilience of coastal communities against climate change
impacts, through ecosystem-based adaptation approaches.
Challenges and Judicial Interventions
Environmental degradation, climate change, ineffective waste management, and
natural disasters are significant challenges in India. The NGT has played a
crucial role in addressing these issues by providing a platform for speedy and
effective legal interventions. Its interdisciplinary approach, involving judge-
scientists and judge-lawyers, has enabled it to make informed decisions that
balance legal and scientific perspectives.
India's environmental management framework is supported by a mix of
legislation, policy initiatives, and judicial activism aimed at addressing both
immediate and long-term environmental challenges. These efforts are crucial for
achieving sustainable development and ensuring the protection and conservation
of the country's rich biodiversity (ClearIAS) (Cambridge) (The United Nations
in India) (Environment Ministry).
What are Environmental Policies?
Environmental policies encompass a wide range of measures aimed at
protecting the environment and promoting sustainable practices. These policies
can cover various sectors such as air and water pollution control, waste
management, conservation of biodiversity, renewable energy
promotion, climate change mitigation, and more. By implementing
comprehensive environmental policies, governments strive to strike a balance
between economic development and ecological sustainability.
List of Environmental Policies - Pre Stockholm Period
Before the Stockholm Conference held in 1972, environmental concerns were
not given significant attention globally. However, certain efforts were made at
the national level to address environmental issues, although they were relatively
limited in scope.
During this period, India focused on a few key environmental policies and
practices, including:
o Forest Conservation Act, 1927: This act aimed to curb deforestation and
protect forests by regulating the felling of trees and ensuring sustainable
forest management practices.
o Wild Birds and Animals Protection Act, 1912: This legislation sought to
conserve wildlife and protect endangered species by declaring certain
areas as game sanctuaries and national parks.
o River Pollution Acts: Several acts were introduced to control the
pollution of rivers caused by industrial and domestic waste discharge.
o Industrial Disputes Act, 1947: This act, although primarily concerned
with labor disputes, indirectly contributed to environmental protection by
introducing provisions regarding the welfare of workers, including their
health and safety.
o Environmental Policy – Post Stockholm Period (After 1972)
o The Stockholm Conference marked a significant turning point in the
global approach towards environmental conservation. It led to increased
awareness and action on environmental issues, prompting nations to
develop policies and institutions dedicated to environmental management
National Environment Policy, 2006
Article 48 of the Directive Principles of State Policy emphasizes the state's
responsibility to protect and enhance the environment, as well as safeguard the
country's forests and wildlife. On the other hand, Article 51-A imposes a duty
upon every Indian citizen to preserve and enhance the natural environment,
including forests, lakes, rivers, and wildlife, while promoting compassion
towards all living creatures.

The National Environment Policy of India, formulated in 2006, acts as a

comprehensive guideline for sustainable development and environmental
governance in the country. This policy aims to integrate environmental concerns
into all aspects of development planning and decision-making processes.

Objectives of the National Environment Policy, 2006

The key objectives of the National Environment Policy, 2006 are as follows:

The policy aims to protect ecosystems and natural resources through

conservation, sustainable use and good governance.
It wants to integrate environmental concerns into all development policies and
plans.
The policy promotes sustainable production and consumption to use resources
more efficiently and reduce pollution and waste.
It recognizes that education can build awareness about environment issues and
change people's attitudes and behaviors.
The policy tries to balance meeting current needs with preserving resources and
ecosystems for future use.
It encourages participatory governance and co-operation between government,
businesses and citizens to achieve its goals.
Fifth Five Year Plan
India's Fifth Five Year Plan (1974-1979) emphasized the need for integrated
environmental planning and the creation of appropriate institutional
mechanisms. This plan laid the foundation for the subsequent development of
environmental policies in the country.
Sixth Five Year Plan
The Sixth Five Year Plan (1980-1985) saw the establishment of the Department
of Environment in the Indian government. This department played a vital role in
formulating and implementing environmental policies, coordinating
environmental research, and promoting environmental education and awareness.
Tiwari Committee (1980)
The Tiwari Committee (1980) made the following key recommendations
regarding environment policy in India:
o The Committee emphasized the need for a comprehensive national
environment policy.
o It recommended adopting an integrated approach that considers
environmental protection along with economic development.
o The Committee stressed the need to maintain ecological balance and
ensure sustainable development. It said "conservation does not mean
holding up all development."
o It recommended a regulatory framework with strict pollution control
standards for industrial units, vehicles and other sources of pollution.
o The Committee proposed a 'polluter pays' principle where the costs of
pollution control and environmental damage are borne by those
responsible.
o It called for greater public participation and awareness campaigns to
promote environmental protection.
o The Committee suggested strengthening research on environment-related
issues and using new technologies for pollution monitoring and control.
o It recommended decentralized governance with more powers for local
bodies to tackle local environmental problems.
o The Committee called for international cooperation on environmental
issues and adoption of global best practices.
Benefits of Environmental Policies
An environmental policy offers benefits:
o Ensures compliance with laws.
o Informs employees of their environmental responsibilities.
o Enhances cost control.
 o Reduces incidents leading to liability.
o Conserves raw materials and energy.
o Improves monitoring of environmental impacts.
o Enhances process efficiency.
Benefits extend beyond internal operations. Demonstrating environmental
commitment fosters positive relationships with external stakeholders like
investors, insurers, customers, suppliers, regulators, and the local community.
This, in turn, improves corporate image and brings financial gains such as
increased investment, customer sales, and market share.
Impact of Environmental Policies
o Implemented environmental policies enhance sustainability.
o British Columbia's 2012 gasoline sales tax led to an 11% to 17%
reduction in sales, indicating a willingness to explore cost-saving
transportation alternatives.
o Stricter environmental policies may result in higher sustainability
percentages.
o Environmental policies stimulate innovation in various ways.
o China's environmental policy employs notices, measures, 'opinions,' 'law,'
regulations, announcements, decisions, regulations, and rules to
encourage innovation.
o Diverse approaches allow environmental policies to impact the
population effectively, considering public opinions and setting standards
through regulations.
1. National Action Plan on Climate Change (NAPCC):
o Launched: 2008
o Objective: To promote understanding of climate change,
adaptation, mitigation, energy efficiency, and natural resource
conservation.
o Components: It consists of eight national missions including:
 National Solar Mission: Promote the use of solar energy.
 National Mission for Enhanced Energy Efficiency:
Enhance energy efficiency in various sectors.
  National Water Mission: Focus on water conservation,
minimizing wastage, and equitable distribution.
 National Mission for Green India: Aims at increasing
forest and tree cover.
 National Mission for Sustainable Agriculture: Sustainable
practices in agriculture.
 National Mission on Sustainable Habitat: Focus on urban
waste management and sustainable urban planning.
 National Mission on Strategic Knowledge for Climate
Change: Strengthen scientific and analytical capacity for
climate change.
 National Mission for Sustaining the Himalayan
Ecosystem: Conservation of the Himalayan ecosystem.
2. National Clean Air Programme (NCAP):
o Launched: 2019
o Objective: To reduce particulate matter (PM10 and PM2.5)
concentrations by 20-30% by 2024.
o Approach: Comprehensive planning and management through a
city-specific action plan, strict enforcement of regulations, public
awareness, and ensuring participation from various stakeholders.
3. Swachh Bharat Mission (Clean India Mission):
o Launched: 2014
o Objective: To achieve universal sanitation coverage and to
eliminate open defecation by October 2, 2019.
o Components: Construction of household and community toilets,
solid waste management, awareness campaigns, and behavioral
change programs.
4. Plastic Waste Management Rules, 2016 (Amended 2021):
o Objective: To manage plastic waste through reduction, reuse, and
recycling.
 o Provisions: Ban on single-use plastics, extended producer
responsibility (EPR), promoting alternatives to plastic, and
ensuring segregation and collection of plastic waste.
Major Environmental Acts and Regulations
1. Water (Prevention and Control of Pollution) Act, 1974:
o Objective: To prevent and control water pollution and maintain or
restore the wholesomeness of water.
o Implementation: Establishment of Central and State Pollution
Control Boards.
2. Air (Prevention and Control of Pollution) Act, 1981:
o Objective: To prevent, control, and reduce air pollution.
o Implementation: Provides for the establishment of boards at the
central and state levels to set air quality standards and regulate
emissions.
3. Forest Conservation Act, 1980:
o Objective: To regulate deforestation and promote forest
conservation.
o Implementation: Restricts the use of forest land for non-forest
purposes without prior approval from the central government.
4. Environment (Protection) Act, 1986:
o Objective: To provide protection and improvement of the
environment and for matters connected therewith.
o Provisions: Empower the central government to take measures to
protect and improve the quality of the environment and prevent,
control, and abate environmental pollution.
5. Biological Diversity Act, 2002:
o Objective: To conserve biological diversity, ensure sustainable use
of its components, and fair and equitable sharing of the benefits
arising from the use of biological resources.
Recent Initiatives
1. Green India Mission (GIM):
 o Objective: To enhance India’s forest and tree cover, restore
degraded ecosystems, and increase biodiversity.
o Focus: Afforestation and eco-restoration activities.
2. Compensatory Afforestation Fund Management and Planning
Authority (CAMPA):
o Objective: To manage the funds collected for compensatory
afforestation, forest conservation, and wildlife protection.
o Provisions: Utilization of funds for afforestation activities to
compensate for forest land diverted for non-forest purposes.
3. Enhancing Climate Resilience of India’s Coastal Communities:
o Objective: To improve the resilience of vulnerable coastal
communities against climate change impacts.
o Approach: Ecosystem-based adaptation and community-led
approaches.
4. National Green Tribunal (NGT):
o Established: 2010
o Objective: To handle expeditious disposal of cases relating to
environmental protection, conservation of forests, and natural
resources.
o Role: Provides a specialized forum for effective and speedy
redressal of environmental issues.
Conclusion
India’s environmental management policies are geared towards achieving
sustainable development while balancing the needs of economic growth and
environmental conservation. These policies are supported by a robust legal
framework and a series of proactive measures aimed at addressing
contemporary environmental challenges such as climate change, pollution,
waste management, and biodiversity conservation.
Institutional Setup for Environmental Management in India
India has a robust institutional setup for environmental management that
involves various governmental bodies at the national, state, and local levels.
Here are the key components:
1. Ministry of Environment, Forest and Climate Change (MoEFCC)
 Role: The apex body responsible for planning, promoting, coordinating,
and overseeing the implementation of environmental and forestry policies
and programs in India.
 Functions:
o Formulating and implementing policies and legislations.
o Coordinating with other ministries and state governments.
o International cooperation on environmental issues.
 Example: The MoEFCC spearheaded the National Action Plan on
Climate Change (NAPCC), which outlines eight missions including the
National Solar Mission and the National Mission for a Green India.
2. Central Pollution Control Board (CPCB)
 Role: A statutory organization under the MoEFCC tasked with
maintaining and restoring the wholesomeness of national water bodies
and controlling air pollution.
 Functions:
o Monitoring air and water quality.
o Advising the central government on matters concerning pollution.
o Implementing pollution control laws.
 Example: CPCB regularly publishes data on air quality in major cities,
which has led to policy interventions like the odd-even vehicle rationing
scheme in Delhi.
3. State Pollution Control Boards (SPCBs)
 Role: Implement national policies at the state level.
 Functions:
o Granting environmental clearances for projects.
o Enforcing pollution control regulations.
o Monitoring environmental quality.
 Example: The Tamil Nadu Pollution Control Board (TNPCB) played a
crucial role in closing down the Sterlite Copper plant in Thoothukudi due
to environmental violations.
4. National Green Tribunal (NGT)
 Role: A specialized body established for the expeditious disposal of cases
related to environmental protection and conservation of forests.
 Functions:
o Adjudicating disputes related to environmental issues.
o Ensuring the enforcement of environmental laws.
 Example: The NGT imposed a ban on 10-year-old diesel vehicles in
Delhi to combat air pollution.
Role of NGOs in Environmental Management
Non-Governmental Organizations (NGOs) play a critical role in environmental
management in India by complementing government efforts, raising awareness,
advocating for policy changes, and implementing grassroots-level projects. Here
are some notable examples:
1. Centre for Science and Environment (CSE)
 Role: Advocacy, research, and public education on environmental issues.
 Initiatives:
o Conducting studies on air and water pollution.
o Publishing the annual "State of India's Environment" report.
 Example: CSE’s research on air pollution in Delhi was instrumental in
the Supreme Court’s decision to introduce CNG for public transport
vehicles.
2. Greenpeace India
 Role: Environmental activism and campaigning.
 Initiatives:
o Campaigns against deforestation, overfishing, and climate change.
o Promoting renewable energy.
 Example: Greenpeace India’s campaign against illegal coal mining in
Mahan forest led to the cancellation of a coal mining project in Madhya
Pradesh.
3. WWF-India
  Role: Conservation of biodiversity, sustainable development, and
combating climate change.
 Initiatives:
o Species conservation programs.
o Climate adaptation projects.
 Example: WWF-India’s efforts in the conservation of the Ganges River
dolphin, which has led to increased awareness and improved conservation
strategies.
4. Wildlife Trust of India (WTI)
 Role: Wildlife conservation and habitat restoration.
 Initiatives:
o Rescue and rehabilitation of endangered species.
o Human-wildlife conflict mitigation.
 Example: WTI’s involvement in the rehabilitation of elephants in Kerala
and Assam, including the creation of elephant corridors to reduce human-
elephant conflict.
5. SankalpTaru Foundation
 Role: Afforestation and reforestation.
 Initiatives:
o Tree plantation drives.
o Promoting agroforestry.
 Example: SankalpTaru Foundation’s “Trees for Farmers” initiative,
which helps farmers plant fruit-bearing trees to improve their livelihoods
while enhancing green cover.
Case Study: NGOs in Action
Dalma Wildlife Sanctuary and Human-Elephant Conflict
 Background: The sanctuary in Jharkhand faces significant human-
elephant conflict due to habitat fragmentation.
 NGO Involvement:
 o Wildlife Trust of India (WTI): Working on creating and
maintaining elephant corridors to ensure safe passage for elephants
between fragmented habitats.
o WWF-India: Implementing community awareness programs to
reduce conflict and promote coexistence.
o Local NGOs: Engaging in tree plantation drives to restore habitats
and creating community-based monitoring systems.
Conclusion
The institutional setup for environmental management in India, coupled with
the proactive role of NGOs, provides a comprehensive framework for
addressing environmental challenges. Government bodies ensure the
enforcement of laws and policies, while NGOs bring innovation, advocacy, and
grassroots-level engagement, creating a synergistic approach to environmental
conservation and management.
Institutional Framework for Environmental Management in India

It is only during the 70s that environmentalism emerged as an organized

movement in India. And the credit for this goes to the Stockholm Conference of
1972. The Government of India, while preparing for India's participation in the
Stockholm Conference, set up a National Committee on Environmental
Planning and Co-ordination. Consisting of 14 Members picked from diverse
fields of environment management, the Committee's main function was to
advise and recommend to the Central Government the improvement of
environment. It was entrusted with the task of planning and coordinating
national environmental policies. The Actual implementation of these policies
was left to the Ministries and Government agencies. Then in January 1980, the
Central Government appointed a Committee, known as Tiwari Committee, to
recommend legislative measures and administrative machinery for ensuring
environmental protection. A direct result of the recommendations of the Tiwari
Committee was the birth of Department of Environment on 1st November 1980.
The Department was to Act, both as a coordinating as well as an administrative
body. It had not only to co-ordinate national policies for environmental
protection and management but also to shoulder administrative responsibilities
for regulating and monitoring environmental pollution. In 1985, the Ministry of
Environment and Forests was created, subsuming the Department of
Environment. Since then, the Ministry of Environment and Forests is the apex
body of the Central Government responsible for the planning, promotion and
coordination of environmental and forestry programme. At the State level,
environmental Boards were set up at the behest of the National Committee on
Environmental Planning and Coordination. These Boards were subsequently
converted into environmental Departments. Yet another class of institutions for
environmental management is the Central and State Pollution Control Boards.
These Boards were first established under The Water Act of 1974, to implement
the provisions of the Water Act, when they were known as the Central/State
Water Pollution Control Board(s). With the enactment of the Air Act in 1981,
these Boards had also to monitor air pollution along with water pollution. They
were, therefore, re-named as Central/State Pollution Control Board(s). The State
Boards implement and enforce the pollution control laws. They lay down
standards of pollution as well as make consent orders for discharging sewage or
trade effluent into the water and air. They enjoy the powers of closure and
stoppage of supply of electricity and water to the offending industry. They can
also initiate litigation by filing a complaint in the Court. But they cannot punish
the violators of environment.

Legal Framework for Environmental Protection in India

Ancient Indians worshipped nature. Their love and profound respect for
environment finds expression in ancient Indian literature. The Vedas are replete
with hymns in praise of nature: "I worship the Lord of Air and Water...I worship
these again and again". Few know that world's first recorded conservation
measures, especially for wildlife, were enacted in India around 2300 years ago.
Emperor Asoka's stone edicts on protection of birds and animals survive even to
this day. Environmental statutes in modern India date back to mid-nineteenth
century. Some of these laws deal with natural resources such as the forests and
others cover water and air pollution.

Forest Laws

The Forest Acts of 1865 and 1878 were pieces of colonial legislation. Both the
Acts restricted the access of the tribal communities to forest resources and gave
exclusive ownership and control over the forests to the colonial masters. In
1927, The Forest Act was passed, repealing the Forest Acts of 1865 and 1878.
The Forest Act of 1927 too vests the ownership and control over forest
resources in the Government and not in the village communities. The Act
empowers the Government to notify any forestland or wasteland as 'reserved
forests' and certain forests and trees as 'protected'. Further, the Government can
prohibit the breaking up of land for cultivation, pasturing of cattle or clearing of
vegetation. Though the Act purported to prevent deforestation, in reality it led to
further degradation of environment, as it advanced the cause of forest-based
industries.

The rapid drift towards deforestation during the Second World War and the
post- independence developmental Activities further aggravated environmental
degradation. So, in 1952, the national policy laid down that one third of the total
geographical area in India should be brought under tree cover. Pursuant to the
Stockholm Conference in 1972, which adopted that natural resources, including
forests, should be safeguarded, the subject of forests was deleted from the State
list and included in the Concurrent List by the Constitutional (42nd
Amendment) Act of 1976. To arrest ecological imbalance and to provide for the
conservation of forests by checking indiscriminate diversion of forestlands for
non-forest purposes, The Forest (Conservation) Act of 1980 was passed by
Indian Parliament, increasing the control of the Central Government over the
forest resources. This Act makes it necessary for the State Governments to seek
prior approval of the Central Government for de-reserving forests, using
forestlands for non-forest purposes or leasing of forestlands. In 1988, pursuant
to IX World Forestry Conference, the Indian Government amended the Forest
(Conservation) Act of 1980 and also formulated a 22 Vedas literally means
'knowledge'. They are the first records of the ancient Indians on history, law,
economics, religion, philosophy, ethics, environment, aesthetics and other
subjects. There are yet other laws that deal with wildlife protection such as The
Elephants' Preservation Act of 1879; and The Wild Birds and Animals
Protection Act of 1912.

The objective of the new Forest Policy is to preserve forests as a national

resource and to put them to their best use. It envisages social forestry with the
help of forest-dwellers and local communities.

Laws preventing water pollution

In pre-independent India, several statutes were enacted to solve the problem of

water pollution. The earliest statute addressing water pollution was The Shore
Nuisance (Bombay and Kolaba) Act, 1853. This was followed by The Orient
Gas Company Act 1857, The Serais Act of 1867, The Indian Penal Code 1872,
The Northern Indian Canal and Drainage Act 1873, The Obstruction in
Fairways Act 1881, The Indian Ports Act 1908 and The Indian Steam Vessels
Act. After independence in 1947, laws such as The River Boards Act 1956 and
The Merchant Shipping Act 1958 were enacted. These laws were found
practically ineffective in preventing water pollution because they merely
touched one or the other aspect of water pollution. After the Stockholm
Conference, Indian Parliament passed The Water (Prevention and Control of
Pollution) Act, 1974, to prevent and control water pollution and to maintain and
restore the wholesomeness of water. As Stated earlier, 'water' being a State
subject, the State legislatures could have enacted their own laws. But the Water
Act is a Central Law. It is a classical example of voluntary surrender of
legislative power to Central Government by the State Governments. The Act is
a typical command-and-control legislation, comprising a set of "dos" and
"don'ts" that are backed by fines and imprisonment. The Act prohibits the
discharge of pollutants into water bodies beyond a given standard, and lays
down penalties for non-compliances. The responsibility for the enforcement of
the Act lies primarily with the State Pollution Control Boards. The Central
Pollution Control Board, on the other hand has the mandate to advise the
Central Government, co-ordinate the Activities of the State Pollution Control
Boards, and to provide them with technical assistance. The Central Pollution
Control Board therefore has no real regulatory powers. In other words, while
emission/effluent standards are set at the national level, the responsibility for
monitoring and enforcement rests with the State Governments. But, from the
view point of environmental federalism, the 1988 amendment of the Water Act
is quite significant in the sense that it increases the power of the Central Board
vis a vis the State Boards. After the amendment the Central Government is
empowered to decide that a State Board has failed to comply with the directions
of the Central Board and that the functions and powers of the State Board to be
taken over by the Central Board. The Water Act does not provide for the
funding of the Pollution Control Boards despite the innumerable functions they
have to discharge. Hence, The Water (Prevention and Control of Pollution) Cess
Act of 1977 was enacted to enable the Boards to meet their expenses.

Laws preventing air pollution

The earliest State enactments controlling air pollution by smoke are The Bengal
Smoke Nuisance Act 1905, The Bombay Smoke Nuisance Act 1912 and The
Gujarat Smoke Nuisance Act 1963. These State enactments were enacted to
abate the nuisance arising from excessive smoke from furnaces in cities. The
Indian Boiler Act 1923 and The Factories Act 1948 contain some provisions
regulating air pollution within the factory. Then in 1981, closely following on
the heels of the Water Act, came The Air (Prevention and Control of Pollution)
Act. In 1987, the Air Act was amended to bring its provisions on par with The
Environment (Protection) Act of 1986. The provisions of The Air Act are
similar to The Water Act. The functions and the enforcement powers of the
State Pollution Control Boards are also similar to those under the Water Act.
Under this Act all industries, new as well as old, have to obtain consent orders
from the State Boards to operate within air pollution control areas, delineated by
the Boards. In practice, all States in India have declared themselves entirely as
air pollution control areas. Thus, the whole country is de facto a pollution
control area.

The Environment (Protection) Act, 1986

The Water and the Air Acts are piecemeal legislations. Their approach to
environment is sectoral, as they focus on only one specific type of pollution.
Though they were consistent with the limited objectives of their times, they
failed to regard environment as a whole. The need for a general legislation for
environmental protection, therefore, led to the enactment of The Environment
(Protection) Act, 1986. While this Act provides the Central Government with
greater powers to set environmental as well as effluent and emission standards,
the enforcement powers have been delegated entirely to the States. Rule 3(2) of
The Environment (Protection) Rules tilts the balance firmly towards the centre.
It clearly specifies that the States can have more but not less stringent standards
than the centre.

The Public Liability Insurance Act, 1991

As a response to the Bhopal gas tragedy, the worst industrial disaster in the
world, Indian Parliament enacted The Public Liability Insurance Act, 1991. This
Act makes mandatory for all hazardous chemical industries to ensure
themselves so as to provide immediate relief to persons, when affected by
accidents occurring while handling hazardous substances exceeding the quantity
specified in the Act. It also provides for the establishment of an environment
relief fund.

The National Environmental Tribunal Act, 1995

Pursuant to The Rio Summit of 1992, Indian Parliament passed The National
Environmental Tribunal Act, 1995. This Act provides for strict liability for
damages arising out of accidents occurring while handling hazardous substances
exceeding the quantity specified under The Public Liability Insurance Act,
1991. It prescribes stringent penal provisions (fines and imprisonment) for
abuse of environment. It also provides for the establishment of a national
environment tribunal for expeditious and effective disposal of cases arising
from such accidents.

International Framework for Environmental Regulation

Environment is immune to political boundaries. This is because of the inherent

global nature of environment itself. Our planet is one. Our globe is one. All
nations are just components of it. Often environment problems, with essentially
local impact, have global implications as to qualify for international concern.
Thus, although social and economic development is essentially a national issue,
its advancement can be a global concern. Further, environmental disasters are
not local in their consequences. The sulphur emissions from the American steel
mills come down in the form of acid rains destroying the Canadian forests. The
toxic industrial effluents discharged into the Rhine by the chemical units in
Switzerland poison the drinking water in Holland. The radioactive waste in the
Ukraine contaminates the vegetables in Sweden. Power stations in England and
Germany pollute the Norwegian lakes and trees. Tree felling in Nepal leads to
flooding in Bangladesh. The Chernobyl blast made undrinkable the milk of the
cows in Scotland. And the CFC emissions in the north cause skin cancer in the
southern hemisphere. International concern for environment dates back to the
19th century. In the 20th century, after the Second World War, environmental
concerns appeared on the agenda of a wide variety of international
organizations. There were landmark international efforts to protect birds, fish,
wildlife and wetlands; to prevent pollution of sea by oil; to ban testing of all
kinds of weaponry; dumping of nuclear waste in Antarctic etc. These categories
reflect a broadening of the environmental agenda from purely national issues,
where single State jurisdiction was apparent, to concerns for the wilderness and
wildlife, high seas and nuclear pollution, which are outside the ambit of national
jurisdiction and which affect the mother earth as a whole. The future of the
earth depends on adopting a model of sustainable development and this was
enunciated in Agenda 21 of the Earth Summit in 1992. Protection of ecology,
on which depends the survival of mankind, is therefore a common task.
Role of NGOs in Environmental Management in India
Non-Governmental Organizations (NGOs) play a pivotal role in environmental
management in India. They complement governmental efforts, raise awareness,
advocate for policy changes, and implement grassroots-level projects. Here are
detailed explanations and examples of both national and international NGOs
involved in environmental management in India, along with case studies.
National NGOs
1. Centre for Science and Environment (CSE)
 Role: Advocacy, research, and public education on environmental issues.
 Initiatives:
o Conducting studies on air and water pollution.
o Publishing the annual "State of India's Environment" report.
 Example: CSE’s research on air pollution in Delhi was instrumental in
the Supreme Court’s decision to introduce Compressed Natural Gas
(CNG) for public transport vehicles.
 Case Study:
o Air Pollution in Delhi: CSE’s rigorous studies on Delhi’s air
quality highlighted the severe levels of pollution and pushed for
policy interventions. Their findings led to significant measures,
such as the implementation of the odd-even vehicle rationing
scheme and the introduction of CNG for public transport.
2. Wildlife Trust of India (WTI)
 Role: Wildlife conservation and habitat restoration.
 Initiatives:
o Rescue and rehabilitation of endangered species.
o Human-wildlife conflict mitigation.
 Example: WTI’s involvement in the rehabilitation of elephants in Kerala
and Assam, including the creation of elephant corridors to reduce human-
elephant conflict.
 Case Study:
o Elephant Corridors in Assam: WTI worked on establishing
elephant corridors in Assam to ensure safe passage for elephants
between fragmented habitats. This effort has significantly reduced
human-elephant conflicts and provided safer routes for elephant
movement.
3. SankalpTaru Foundation
 Role: Afforestation and reforestation.
  Initiatives:
o Tree plantation drives.
o Promoting agroforestry.
 Example: SankalpTaru Foundation’s “Trees for Farmers” initiative,
which helps farmers plant fruit-bearing trees to improve their livelihoods
while enhancing green cover.
 Case Study:
o Afforestation in Rajasthan: SankalpTaru Foundation has been
actively involved in planting trees in arid regions of Rajasthan.
This initiative has not only helped in combating desertification but
also provided economic benefits to the local communities through
agroforestry.
International NGOs
1. Greenpeace India
 Role: Environmental activism and campaigning.
 Initiatives:
o Campaigns against deforestation, overfishing, and climate change.
o Promoting renewable energy.
 Example: Greenpeace India’s campaign against illegal coal mining in
Mahan forest led to the cancellation of a coal mining project in Madhya
Pradesh.
 Case Study:
o Mahan Forest Campaign: Greenpeace India led a successful
campaign to stop illegal coal mining in the Mahan forest in
Madhya Pradesh. Their efforts included community mobilization,
legal actions, and widespread awareness campaigns. The result was
a government decision to cancel the proposed mining project,
preserving the forest and the livelihoods of the local communities.
2. WWF-India (World Wide Fund for Nature)
 Role: Conservation of biodiversity, sustainable development, and
combating climate change.
 Initiatives:
 o Species conservation programs.
o Climate adaptation projects.
 Example: WWF-India’s efforts in the conservation of the Ganges River
dolphin, which has led to increased awareness and improved conservation
strategies.
 Case Study:
o Ganges River Dolphin Conservation: WWF-India has been
working on the conservation of the Ganges River dolphin, a
critically endangered species. Through community engagement,
research, and policy advocacy, WWF-India has improved the
conservation status of the dolphins and raised awareness about the
importance of river ecosystems.
3. The Nature Conservancy (TNC)
 Role: Large-scale conservation efforts and sustainable environmental
practices.
 Initiatives:
o Protecting water sources.
o Sustainable agriculture.
 Example: TNC’s work on sustainable agriculture practices in India aims
to improve water use efficiency and soil health.
 Case Study:
o Sustainable Agriculture in Andhra Pradesh: TNC has partnered
with local organizations to promote sustainable agricultural
practices in Andhra Pradesh. Their initiatives focus on improving
water use efficiency, soil health, and crop yields, benefiting both
the environment and local farmers.
Conclusion
NGOs play a crucial role in environmental management in India, bridging gaps
between policy and practice, advocating for sustainable development, and
implementing on-the-ground projects. Both national and international NGOs
bring expertise, resources, and innovative approaches to address environmental
challenges, often achieving significant impacts through their dedicated efforts.
Through case studies, we can see the tangible benefits of their work in
conserving biodiversity, promoting sustainable practices, and enhancing
community livelihoods.
The Bhopal gas tragedy, one of the world's worst industrial disasters, occurred
on the night of December 2-3, 1984, in Bhopal, the capital city of the Indian
state of Madhya Pradesh. Here's a detailed account of the incident:
Background
Union Carbide was an American company that produced pesticides. MIC –
methyl isocyanide, a dangerous poisonous gas began to leak at midnight on
2nd December 1984 from the Union Carbide factory. This MIC caused the
Bhopal gas tragedy. The Bhopal gas tragedy was a fatal accident. It was
one of the world’s worst industrial accidents. Background
UCIL was a pesticide manufacturing plant that produced the insecticide
carbaryl. Carbaryl was discovered by the American company Union
Carbide Corporation, which owned a significant share in UCIL. As an
intermediary, UCIL produced carbaryl using methyl isocyanate (MIC).
Other techniques for producing the ultimate product are available, but
they are more expensive. The very toxic chemical MIC is extremely
dangerous to human health. Residents of Bhopal in the area of the pesticide
plant began to feel irritated by the MIC and began fleeing the city

 Union Carbide India Limited (UCIL): The disaster occurred at the

pesticide plant owned by Union Carbide India Limited (UCIL), a
subsidiary of the American company Union Carbide Corporation (UCC).
The plant produced the pesticide Sevin (Carbaryl) using methyl
isocyanate (MIC) as an intermediate.
 MIC Storage: MIC is a highly toxic and volatile chemical. At the time of
the disaster, large quantities of MIC were stored in three underground
tanks at the Bhopal plant.
 Bhopal Gas Tragedy Case Study
 Bhopal UCIL constructed three underground MIC storage tanks which
were named E610, E611, and E619. On October 1984, E610 was not able
to maintain its nitrogen gas pressure and so the liquid which is present
inside the tank would not pump out, because of which 42 tons of MIC in
E610 was wasted. The chemical in E610 was left unpumped as they were
not able to re-establish its pressure, which later became responsible for
Bhopal Gas Tragedy.
  Causes of Bhopal Gas Tragedy
 The main causes of Bhopal Gas Tragedy are as follows:
 During the buildup to the spill, the plant’s safety mechanisms for the
highly toxic MIC were not working. The alarm off tanks of the plant had
not worked properly.
 Many valves and lines were in disrepair, and many vent gas scrubbers
were not working, as was the steam boiler that was supposed to clean the
pipes.
 The MIC was stored in three tanks, with tank E610 being the source of
the leak. This tank should have held no more than 30 tonnes of MIC,
according to safety regulations.
 Water is believed to have entered the tank through a side pipe as
technicians were attempting to clear it late that fatal night.
 This resulted in an exothermic reaction in the tank, progressively raising
the pressure until the gas was ejected through the atmosphere.


The Incident
 Leakage: On the night of December 2, water entered one of the MIC
storage tanks (Tank 610), causing a runaway chemical reaction. The
reaction increased the temperature and pressure inside the tank, leading to
the release of a large volume of toxic MIC gas into the atmosphere.
 Spread: The gas leaked out of the plant and spread to the densely
populated areas surrounding the factory. The residents, most of whom
were sleeping, were unaware of the impending danger.
Immediate Impact
 Health Effects: Exposure to the gas caused immediate symptoms such as
coughing, severe eye irritation, and respiratory distress. Many people
experienced nausea, vomiting, and a burning sensation in the eyes and
throat.
 Casualties: The immediate death toll was estimated to be between 2,000
and 3,000 people. Thousands more were injured. Over the following
weeks, the death toll continued to rise, with estimates of total deaths
ranging from 15,000 to 20,000.
  Injuries: Hundreds of thousands of people suffered injuries of varying
severity. Many developed chronic health conditions, including respiratory
problems, neurological disorders, and reproductive health issues.
Long-term Consequences
 Environmental Impact: The surrounding environment was heavily
contaminated. Soil and water sources were polluted with toxic chemicals,
affecting the health of the local population and wildlife for years to come.
 Health Issues: Survivors continued to suffer from long-term health
problems, including respiratory, neurological, and reproductive disorders.
Many children born to survivors also experienced congenital disabilities
and other health issues.
 Legal and Compensation: Legal battles ensued between UCC and the
Indian government. In 1989, UCC reached a settlement with the Indian
government, agreeing to pay $470 million in compensation. However,
this amount was widely considered inadequate given the scale of he
disaster and its long-term effects.
Effects of Bhopal Gas Tragedy
 The main effects of the Bhopal Gas Tragedy are as follows:
 Thousands had died as a result of choking, pulmonary edema, and
reflexogenic circulatory collapse.
 Neonatal death rates increased by 200 percent.
 A huge number of animal carcasses have been discovered in the area,
indicating the impact on flora and animals. The trees died after a few
days. Food supplies have grown scarce due to the fear of contamination.
 Fishing was also prohibited.
 In March 1985, the Indian government established the Bhopal Gas Leak
Accident Act, giving it legal authority to represent all victims of the
accident, whether they were in India or abroad.
 At least 200,000 youngsters were exposed to the gas.
 Hospitals were overcrowded, and there was no sufficient training for
medical workers to deal with MIC exposure.


Causes and Accountability

  Safety Lapses: Investigations revealed multiple safety lapses and
management failures at the plant. These included inadequate
maintenance, poor safety protocols, and insufficient training of personnel.
 Design Flaws: The plant's design and operation did not meet safety
standards, and there were critical design flaws in the storage of MIC.
 Regulatory Oversight: There was a lack of stringent regulatory
oversight, which allowed such dangerous conditions to persist.
Aftermath
 Corporate Accountability: The disaster raised questions about corporate
responsibility and the need for stringent industrial safety regulations.
Union Carbide faced global criticism, and its reputation was severely
damaged.
 Community Efforts: Numerous non-governmental organizations
(NGOs) and activists have been working to provide medical aid, legal
assistance, and advocacy for the victims and their families.
 Memorials and Awareness: The tragedy led to increased awareness
about industrial safety and disaster preparedness. Memorials have been
established in Bhopal to honor the victims and remind the world of the
catastrophe.
The Bhopal gas tragedy remains a poignant reminder of the potential human
cost of industrial negligence and the importance of rigorous safety standards
and corporate accountability.