Abstract
The research paper examines the evolution of various legislation and policies for environmental protection, from the ancient period to the modern times. It analyses the efforts to preserve the environment and factors that shaped the dynamics of policy, from ancient text such as the Vedas, Shastra and Kautilya’s Arthashastras, to the modern-day specific laws related to air, land, water, wild life, forest and various natural resource. India, is a country with rich ecosystem, landscape and biodiversity, so it has evolved certain responsibilities to the people and government to preserve the environment, for sustainable development and safeguard ecosystems for present and future generations. The aim of this paper is to examine the development of environmental legislation and policies, and identify the major forces that have determined policy direction over time.
The research paper Provide the overview of historical development and identifies the evolution of the legislation regarding environmental protection into three phases, the ancient phase, the pre-independence phase and the post-independence phases. It describes how environmental laws and policies have evolved in India at each of these stages. It is very crucial to understand the phases of development of environmental laws as it provides how these phases have recognized the environmental concerns and addressed it.
This paper involves the legal, moral, cultural and historical intricacies related to the evolution of the environmental laws in India. Also, it Concern it itself with the old as well as latest legal complexities related to environmental matters.
Keywords
Environmental legislation, Forest dwellers, Environmental regulations, Biological Diversity, Trafficking, sustainable development.
Introduction
India is a country of vast and diverse ecosystem, with huge biodiversity, but it faces many problems from the human activities as there is always a fight between the environmental conservation and sustainability. Conservation of the environment and socio-economic has been a subject of much contention and deliberation. with the growing population, rapid urbanization and industrial needs, these problems are causing more hindrance in the environmental protection. But these issues are not new, as the concept of environment protection can be traced back to the ancient times, where people in ancient India had a rich tradition of protecting the environment which in turn, has made the people of India worship and embrace nature in every way possible. It signifies the deep respect for the nature and its resources. Later, during the medieval period, the Mughals period also witnessed the environment policies for on water management, wildlife conservation and forest management. But during the times of colonial rule, although there were various environmental laws but it was mainly oriented towards resource exploitation, revenue generation and meeting their own needs by exploiting India natural resources. But, after the independence, India started its own journey towards conservation of environment. It made various law and regulation to address the problem associated with environment. Due to historical context, socio-economic development and global environmental concerns, the environmental legislation in India has developed extensively over the years.
Research Methodology
This research paper comprises the analysis and comprehensive study on the evolution of environmental laws in India. Also, this study on derived from the primary and secondary data to collect the required information and also for in depth study. Also, referred to various websites, bare acts and blogs and public data, to write this research paper.
Review of literature
The literature review encompasses a thorough study on evolution of environmental legislation India. It Review the trail from historical context to the modern legislation related to environmental legislation.
Ancient phase of environmental legislation.
In ancient times, the Vedas, the Upanishads and Puranas provides a thorough explanation of trees, plants, wildlife, and their significance. Yajnavalkya Smriti prohibited the cutting of trees by prescribing punishment for such acts. During the Mauryan period, Kautalya’s Arthashastra recognized the importance of managing forests. Ashoka’s 5th Pillar Edict conveyed his opinion on the well-being of beings within the kingdom. Evidence from civilizations of Mohenjadaro and Harappa has further proved that the small population lived in consonance with the ecosystem and their needs to maintain harmony with the environment. Thus, the Hindu society was conscious of the adverse environmental effects caused by deforestation and extinction of animal species. The idea of ‘Dharma,’ commonly interpreted as obligation or moral goodness, included moral duties. Forests were deemed as holy areas, and strict rules controlled their utilization and preservation. The idea of ‘Vanaprastha,’ in which people withdrew to the forest as they grew older, highlighted the significance of preserving forests for both spiritual and practical reasons. Ancient rulers like Emperor Ashoka implemented laws to safeguard forests and animals, encouraging responsible hunting and the preservation of biodiversity. The ancient environmental laws of India are an example of how societies can integrate ecological conservation into their daily activities and political system. The regulations were based on ethics and philosophy and aimed at ensuring continuous production of goods, protecting endangered species while at the same time taking care of present and future inhabitants. The society needs to review such regulations because they may help us overcome the current environmental crises while providing direction on how people live harmoniously with their surroundings. our ancestors did not learn about the importance of environment and ecology as we do from books or journals, they still knew about some fundamental laws which govern this field somehow venturing into their very lives and influencing all spheres thereof.
Pre-independence phase of environmental legislation.
During this period, there were two rulers, which were British and the Mughals. Firstly, We will study the approach of Mughals towards the environment, where they treated the forest as little better than hunting-grounds by the Mughals and other Muslim kings who ruled over the land. They sought to conquer, not preserve land; to protect their people rather than the earth. The Mughal emperors have known nothing but leave magnificent gardens, fruit orchards and green parks. These were used as pleasure retreats, summer resorts or ephemeral military headquarters throughout the time. It has been widely believed by conservationists that naturalists among the Mughals took pleasure in going close to nature and did nothing about tree conservation efforts. Despite lacking any particular formal rules about protection of the environment in the modern sense, the Mughals’ governance was shaped by understandings about how to manage resources wisely as part of their conservation measures. When one looks back on it, one sees that the Mughal administrative systems, agricultural methods, building designs and ethical concerns added up very well indeed as far as maintaining sustainable environments was concerned during that period in history. There is great meaning in the legacy they left us.
But during the British era, Complete neglect for environmental protection came with a great deal of exploitation for natural resources in India as a result of British take over. During 16th CE, saw the arrival of British traders into India with the aim of trading goods but upon observing the enormous troves of natural resources and exploitable opportunities that abounded here, they shifted focus and decided to concentrate on exploiting the natural resources. Also, during the colonial period India, environmental laws and policies were largely driven by the British colonial administration’s focus on resource extraction and management. Their primary focus was economic gain, with little regard for sustainable practice and economic conservation.
Laws incorporated during colonial period
The British colonial rule (1858-1947) introduced several laws and regulations to manage forests, wildlife, and resources, which laid the groundwork for contemporary environmental legislation.
Indian Forest Act of 1865, Where the British made their initial attempt at regulating forests in India. As a crucial resource for timber and other forest products, there was a need to place forests under the control of the state.
Indian Forest Act of 1878, this Act classified forests into Reserved, Protected, and Village forests. Reserved forests were the most strictly regulated, with limited rights for local communities, while Protected and Village forests had fewer restrictions. The Forest Act of 1865, the precursor to the Act of 1878, was a preliminary manifestation of the British colonial government’s insidious agenda. One of its glaring issues was the limited control wielded by the state over the forests.
Indian Forest Act 1927, This Act merged with older forest laws and is major legislation in India’s forest management. It has enabled the state to gain more control over forests at the same time as increasing revenue from forest products
the Wild Birds and Animals Protection Act OF 1912 to protect the wildlife of the country with particular emphasis on regulating hunting and ensuring the continued existence of some species. 1793 marked the enactment of the Permanent Settlement Act; it laid greater emphasis on revenue generation but also led to changes in land ownership and farming methods by Cornwallis, the then Governor-General of India.
Post-independence phase of environmental legislation.
After gaining independence in 1947, India began to develop environmental laws that would conserve natural resources, protect biodiversity and combat pollution. It has moved from focusing on extracting the country’s resources during colonial time to viewing everyone’s surrounding from broader perspective, which focuses on both long term growth that is environmentally sound as well as preservation of natural habitats.
In 1980, The Forest (Conservation) Act was established with the aim of conserving forests through the prevention of their de-reservation or utilization as non-forest areas minus first obtaining approval from the central government. This restricted whenever forests could be converted, cleared or felled for agriculture projects among other types of land use.
The Wildlife (Protection) Act dated back in 1972 is designed to safeguard wild fauna, birds and flora while setting up wildlife reserves like national parks and sanctuaries where animals can survive without human interference. Additionally, it controls the killing of animals as well as trafficking in game-meat products.
The Water (Prevention and Control of Pollution) Act, 1974, Central and State Pollution Control Boards were created through this Act to carry out the provisions of this legislation by monitoring industry activity. In 1981, Air (Prevention and Control Of Pollution) Act this legislation primarily targets the reduction and control of air pollution, and it necessitated the establishment of central and state pollution control boards that can observe it
The Environmental Protection Act of 1986, the Act lays down the basic ground for environmental law in India. Our Act has a broad framework for conserving the environment and dealing with various ecological problems. This particular law in question gives the central government the powers to issue directives that will protect and improve the quality of environment. Its scope covers assessment of environmental impact as well as control of dangerous substances alongside other things like imposition of fines on defaulters.
The Energy Conservation Act of 2001, In India, the ECA is a law which aims at attaining energy efficiency and conservation without causing any harm. For this reason, it was put into effect to deal with the rapidly escalating demands for electricity and necessity to lower carbon dioxide emissions.
The Biological Diversity Act, 2002, The Biotechnology Authority Act 2002 is among the renowned acts in India that aims at conservation of the vast biology in the country and promoting them for sustainable utilization.
In 2010, The National Green Tribunal Act was introduced to establish a new court in India known as The National Green Tribunal. It is only through this court that environmental cases can be brought before the law for justice. Such cases include those on implementation of environmental legislations as well as realization the right to environment.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 – FRA is an important legal framework which ensures that the Adivasis and other Traditional Forest Dwellers (OTFDs) are provided with forest land. Also, the law puts in place Gram Sabhas to oversee forest management at the village level.
Legal cases and significant events
- Vellore Citizens Welfare Forum v. Union of India (1996) the Court emphasized that it is incumbent upon the government to protect and preserve our environment as a duty. Additionally, it directed authorities to implement measures, for curbing air pollution in Delhi.
- The Bishnoi community and the khejri trees, where the troops went to the village of Khejarli in quest of wood for construction of a palace, sent by the Maharaja of Mewar, Abhai Singh. This led to a confrontation in which they brutally killed 363 Bishnois who were trying to protect the trees, in what is now remembered as the Khejarli massacre of September 1730 in Northern India.4
- During the 1970s Kerala Silent Valley faced deforestation due to a proposed project by the government. Local communities united against it resulting in a court decision known as M.C. Mehta v. Union of India (1986). The Supreme Court ruling emphasized safeguarding areas.
- The Bhopal Gas Tragedy which occurred in 1984 is one of the disaster globally. Industrial safety measures and environmental regulations became more important following this event. As a result two legislations were passed in India namely; The Environment (Protection) Act of 1986 and The Public Liability Insurance Act of 1991. This tragedy claimed many lives and caused considerable increase in ill health showing the consequences of lack proper adherence to the set environmental regulations.
- Environmental disasters have had a role to play in awakening the national consciousness on the need for a green policy. The Bhopal Gas Leak tragedy in 1984, the Chernobyl nuclear accident in 1986, the Exxon Valdez oil spill in 1989 and the Deepwater Horizon oil spill in 2010 are prominent instances than come to mind.
International influence
- Stockholm+50 is being held in Stockholm, Sweden. It will commemorate the 50 years since the 1972 United Nations (UN) Conference on the Human Environment (also known as the Stockholm Conference). The conference resulted in the adoption of the Stockholm Declaration, which included 26 principles concerning the environment and development. These principles underscored the need for environmental protection as an integral part of development and established guidelines for sustainable development. One of the most significant outcomes was the creation of the United Nations Environment Programme (UNEP). Headquartered in Nairobi, Kenya, UNEP was established to coordinate global environmental activities and assist countries in implementing environmentally sound policies. The 1972 Stockholm Conference was crucial in determining the global environmental path. In developing countries like India, the forever impact included the stress on how environmental protection and socio-economic development are related.
- Rio Earth Summit, 1992: Led to the introduction of the National Environment Policy (2006). This Rio Summit was held in twenty year time for the purpose of confronting all environmental problems that were emerging then as well as finding out ways on how sustainability planning was to be achieved. In the eighties there was an increased recognition of the worldwide biodiversity losses, climate change including the loss of species and habitats among other things which necessitated a holistic approach globally.
- Paris Agreement, 2015: India’s commitments to reducing carbon emissions and promoting sustainable development. The Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at the UN Climate Change Conference (COP21) in Paris, France, on 12 December 2015. It entered into force on 4 November 2016.
Judicial intervention
The Supreme Court of India has played a role, in upholding the guarantee of a clean and healthy environment. Through judgments the Court has affirmed that it is the responsibility of the state to safeguard the environment and that this duty can be enforced through legal channels. Moreover, the Court has recognized that the right to life encompasses the right to live in a healthy and clean environment. Public Interest Litigation (PIL) under Articles 32 and 226 of the Indian Constitution has also played an essential part in protecting the environment, as most of the Supreme Court’s environmental cases are the outcome of this Public Interest Litigation. Both development and environment are inseparable, and none can be forsaken in lieu of one another. They are both important for the wellbeing of ours. It is upon the Supreme Court and High Courts to handle these matters with utmost care hence achieving this aim of ensuring that our next generation has a cleaner country free from pollution. The role of the judiciary in environmental matters gained prominence in the 1980s and 1990s, a period marked by increased public awareness of environmental issues and a corresponding rise in Public Interest Litigations (PILs).
Suggestion
Rapid industrialization, urbanization, and population growth are India’s prime environmental threats. Without effective environment laws, the country cannot protect its resources, reduce pollution or promote sustainable development. This paper provides major suggestions aimed at enhancing India’s environmental legislation so as to tackle this matter head on. For deterring non-compliance and securing observance, strict regulations on the protection of the environment are important. The legal processes in regard to the law of nature could be made faster by creating special environmental courts or tribunals populated by judges knowledgeable about environmental issues, thereby promoting prompt administration of justice. It is very important that sustainable development concepts should be incorporated into every part of the environmental law. There are various ways in which this can be done including ensuring that alternative forms of energy such as wind power are promoted, use energy prudently as well as give economic incentives for firms which engage in eco-friendly activities if they want to create clean cities. Policies should focus on using less natural resources, having less impact on the environment and promoting ecosystem rehabilitation programs. Making these changes will demand a strength of mind from decision makers, interested parties, and community in general on how to effectively tackle current environmental obstacles and lead to an India which is greener and can sustain itself better.
Conclusion
Environment policy in India has been working progress over time and a basic analysis would show that specific actors and events have driven this. During the very early colonial and post-colonial phase, the policy was all about rights over resources such as forests including their usage. Even as there still exist challenges, such as gaps in enforcement, regulatory complexities, and the necessity to achieve sustainable development which encompasses economic growth together with environmental protection, so too will continuous adaptation of laws to new environmental challenges, enhancement of enforcement mechanisms, promotion of sustainable practices across sectors, and fostering of international cooperation be essential in order to ensure an effective environmental governance is maintained within India.