INTRODUCTION
On 5th of June every year the World celebrate its Environment Day to create awareness about it and ensure its protection. This year 2022 the Environment Day will be celebrated under “ONLY ONE EARTH” theme to conclude no planet can substitute our mother planet Earth at any cost. Environmental laws mean comprising of all nature and living beings related laws together to provide sustainable development and protection of Earth planet from destruction. The main objective of this Environmental Law is to prevent from damage or harm, ill-treatment, and to readily provide remedy for the affect caused and also to develop the environment and living being in it. Environmental law ensures that Humans and government and others does not harm the environment or its ecosystem in either way for their benefit and profits. All countries in our earth have implemented Environmental law to seek justice to unheard harms of living beings. On every second Wednesday of October Month our India celebrate Natural Disaster Day to mourn which also includes flood disasters and destructions caused to human beings.
ENVIRONMENTAL LAWS IN INDIA FOR PROTECTION
Water (Prevention and Control of Pollution) Act 1974 (Water Act), which also initially identified the powers, functions and hierarchy of the environmental agencies, the CPCB and the SPCBs, Air (Prevention and Control of Pollution) Act 1981 (Air Act) , Environment (Protection) Act 1986 (EP Act). This umbrella law enables the central government to take measures it deems necessary to protect and improve the environment, and to prevent, control and abate environmental pollution. A wide range of rules and notifications have been adopted under it, such as the: E-Waste (Management) Rules 2016, as amended in 2018 (E-Waste Rules); Batteries (Management & Handling) Rules 2001 (and the proposed draft Battery Waste Management Rules 2020); Bio-Medical Waste Management Rules 2016; Plastic Waste Management Rules 2016 (and a proposed draft 2021 amendment); Solid Waste Management Rules 2016; Construction and Demolition Waste Management Rules 2016; Hazardous and Other Waste (Management and Transboundary Movement) Rules 2016, as amended in 2019 (HW Rules); Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 (MSIHC Rules); Coastal Regulation Zone Notification 2019 (and related 2021 procedure for violation of the CRZ Notification); and Environment Impact Assessment Notification 2006. Wild Life (Protection) Act 1972, Forest (Conservation) Act 1980, Public Liability Insurance Act 1991, Biological Diversity Act 2002, National Green Tribunal Act 2010. In May 2021, the Securities and Exchange Board of India (SEBI) introduced the Business Responsibility and Sustainability Report (BRSR), new reporting requirements relating to environmental, social and corporate governance (ESG) [1].
The key regulatory authorities are the:
Ministry of Environment, Forests and Climate Change (MoEFCC), CPCB. SPCBs. And District Level Authorities (that is, municipal corporations).
Policies to protect environment in India;
Environment Protection Act, 1986, National Conservation Strategy and Policy Statement on Environment and Development, 1992, Policy Statement for the Abatement of Pollution, 1992, Vision Statement on Environment and Health and National Environment Policy, 2006.
Legislations and Rules for the protection of environment in India:
Water pollution, air pollution, environmental protection, wildlife, forest conservation, biodiversity, national green courts and animal welfare.
All the above-mentioned rules and legislations plays crucial role in India’s environment’s protection and wellbeing of nation away from destruction and destroy.
FLOOD DESTROYS SOCIETAL LIVING AND ENVIRONMENT
Floods have an effect on human beings in some of ways, including: Floods can injure or kill extra human beings. Flood water can frequently grow to be infected with sewage, inflicting disorder and affecting the purity of consuming water. Nutrition may be compromised Businesses can near their doorways Services consisting of hospitals and faculties can be closed. Transport networks, consisting of harm to bridges, railroads and roads from flooding, may be affected. Your domestic and assets can be flooded People might also additionally need to go away the assets till flood harm is repaired. assets may be broken and washed away. As maximum human beings know, the direct consequences of floods consist of lack of life, assets harm, crop destruction, farm animals loss, and negative fitness because of water-borne infections. Damage and destruction of communique hyperlinks and infrastructure consisting of electricity plants, roads and bridges can disrupt a few monetary activities, pressure human beings to go away their houses and disrupt their regular lives. Floods also can traumatize sufferers and their households over the lengthy time period. Losing a cherished one has a massive impact, particularly on children. Moving from domestic, lack of assets, and confusion over commercial enterprise and social troubles can purpose lengthy-time period stress. For a few human beings, the mental consequences may be lengthy lasting. Floods in main agricultural manufacturing regions can purpose good sized harm to plants and fences and may cause the lack of farm animals. Rain harm, sticky soil, and crop loss because of behind schedule harvests are exacerbated through transportation issues because of avenue inundation and harm to infrastructure. The spill over impact of decreased agricultural manufacturing frequently extends a ways past manufacturing regions, as meals charges upward thrust because of deliver shortages. Flood outbreaks, on the alternative hand, can deliver lengthy-time period advantages to agricultural manufacturing, particularly through replenishing dry endorheic reservoirs and activating soil fertility via silt deposition. Damage to public infrastructure impacts a miles more populace than the ones whose houses or companies are without delay flooded. Flood harm, in particular to main delivery hubs consisting of roads, rail networks and ports, may have big influences on neighbourhood and countrywide economies.
Floods have a variety of environmental impacts, including: Wildlife habitats can be destroyed by floods Contaminated floods can contaminate rivers and habitats Alluvial plains and sediments can destroy farm crops Sediments It may increase downstream. Trees can be uprooted by rapid water currents. Plants that survive the first flood can die when submerged. Areas that have been significantly altered by human activity are more susceptible to floods. Floods tend to exacerbate already degraded systems. Removal of vegetation in and around rivers, expansion of riverbeds, dams and embankments, and clearing of basins are all aimed at degrading slopes, rivers and floodplains and increasing sediment and nutrient erosion and transport. .. Sediment and nutrient cycles are essential for a healthy system, but too much sediment and nutrients can adversely affect downstream water quality. Other adverse effects include loss of habitat, growth of weed species, release of pollutants, reduced fish productivity, loss of wetland function, and loss of recreational areas.
DE FACTO LAWS IN INDIA FOR FLOODS AND DESTRUCTION
Flood and Water Management Act 2010 – The law laid a new foundation and introduced the concept of coastal erosion and flood risk management. The law has given authorities the power to control more than drainage and coastal Défense. Not only did he empower him to prevent floods, he also established appropriate mechanisms for dealing with floods. For example, new land is needed to build a sustainable drainage system to reduce the effects of floods.
Land Drainage Act, 1991 – This Act created government to address land drainage, those consist of the following: Environment organisation Local Authorities Internal drainage forums Navigation government.
Water Resources Act of 1991- This act places obligations on the Environment Agency (EA) to strengthen systems that help prevent flooding and manage water resources. The Environment Agency has been given the following powers to deal with flooding: The Environment Agency has been given full autonomy to manage the health of national rivers and waters and strengthen protection against reproduction on private lands. Deal with the possibility of flooding. The law also empowers the Environment Agency to respond to flood warnings and limit the dumping of industrial waste into rivers. The law also empowers organizations to enact regulations to deal with emergencies arising from day-to-day operations. Coastal Defense Act 1949 The primary objective of this act is to strengthen existing mechanisms for coastal protection against flooding. This law gives authorities the power to prevent coastal erosion. To do this, they maintained the existing coastal fortresses.
INTERNATIONAL PERSPECTIVES
Article 2 of the 1998 Rhine Convention defines its scope as follows: Rhine, groundwater connected to the Rhine; Interactive aquatic and terrestrial ecosystems people for whom Rhine or its interaction with Rhine can be restored; Because the basin of the Rhine is poorly polluted affect the line, the Rhine catchment area, as far as it is of importance for issues of flood prevention and defence along the Rhine.
Article 7 of the 1997 of U.N. Watercourses Convention, the no significant harm rule provides that: Waterway country when using international streams of water in their territory, all appropriate Measures to prevent serious damage to other channel states. 2. If there are nevertheless serious harm other channel countries, countries of use If there is no agreement, causing such damage Eliminate such use or take all appropriate measures in consultation with affected countries. to mitigate such damage and, if necessary, Discuss compensation issues. The provisions of Articles 5 and 6 shall be fully taken into account.
Article 27 is supplemented by obligations under Article 28. Regarding emergencies. According to Article 28, the State “must notify the other State as soon as possible and as expeditiously as possible. Potentially Affected Countries and Competent International Organizations. An emergency has occurred in that area.” also to follow According to the Convention, states must “immediately take all practicable measures”. Prevention, mitigation and elimination as appropriate the detrimental consequences of emergencies.” In terms of future planning, the State “We must jointly develop an emergency plan to respond to in case of emergency, other potential Affected countries and competent international organizations.
EU Water Policy Directive and Floods Directive:
The purpose of this Framework Act is as follows, as set out in Article 1. Establish a framework for protecting internal, transitional, coastal and groundwater. (A) Aquatic conditions that prevent, protect and enhance further degradation Ecosystems and their direct water needs, terrestrial ecosystems, wetlands It depends on aquatic ecosystems.
(B) Protect available water resources that promote Longterm sustainable water use.
(C) Protection, aquatic, including specific measures to phase out emissions, emissions and losses, and phase out or phase out losses of priority substances, emissions, emissions and hazardous substances. Improve the environment.
(d) Ensures a gradual reduction in groundwater pollution and its further pollution, and contributes to mitigating the effects of floods and droughts in accordance with
(E). The International Law Association, the basin should consider the following joint actions:
(a) Collection and exchange of relevant data. (B) Research, research and preparation of research papers. And their exchange; (c) Planning and development of appropriate measures. (D) Implementation of flood protection measures. (E) Operation and maintenance work. f) Flood forecasts and flood warnings. (G) Establishment of entrusted regular information services. Report the high-water level and flow rate. The 1972 regulations also mask the difficulty of liability for flood damage. Liability arises if the damage is significant and the Kingdom acts or does not act in a way that is “reasonably predictable under the circumstances.”
CONCLUSION
Many human and environmental factors can increase the potential and scale of flood events around the world. Otherwise, such events pose a serious threat if properly managed. Economic and social development in many parts of the world. However, general rules and principles apply at the global level. The transition to international waterways forms the basic framework for passing through the state. Cooperation is needed on flood issues, especially flood prevention legislation. Institutions and institutions as well as many international codes of conduct related to flood management of rivers around the world, including the establishment of joint communication, warning and warning systems by community in particular. More efforts are needed to ratify the new agreement. Therefore, consider flooding problems and develop them further as needed. Existing contract. Many human and environmental factors can increase the potential and severity of floods around the world. Existing international law on waterways lays down the basic rules for cooperation between States on flood-related matters. As a management function, emergency management is designed to provide a structure for communities and organizations to reduce vulnerability to risk and manage natural disasters. Preparedness procedures for mitigating, responding, and recovering from an emergency such as a flood.
[1] https://moef.gov.in/en/rules-and-regulations/environment-protection/#
AUTHOR:
E.Sindhuvarshini, law student , Chennai Dr.Ambedkar Government law college.