07 May, 2023

History of Environmental Law in India

India has a long and complex history of environmental law, with many landmark acts and court cases shaping the current regulatory landscape. Here are some key highlights:

The Indian Forest Act, 1927: This act was enacted to regulate the movement and felling of timber, as well as to protect forests from over-exploitation. It also gave the government the power to declare certain areas as reserved or protected forests.

The Wildlife Protection Act, 1972: This act aimed to protect India's wildlife from hunting and poaching. It created a framework for the establishment of national parks and wildlife sanctuaries, and also provided for the conservation of endangered species.

The Water (Prevention and Control of Pollution) Act, 1974: This act was passed to prevent and control water pollution in India. It created a system of water quality monitoring and regulation, and established the Central Pollution Control Board and State Pollution Control Boards to oversee enforcement.

The Air (Prevention and Control of Pollution) Act, 1981: This act aimed to prevent and control air pollution in India. It created a framework for monitoring and regulating air quality, and established the Central Pollution Control Board and State Pollution Control Boards to oversee enforcement.

The Environment (Protection) Act, 1986: This act is the cornerstone of environmental law in India. It provides a comprehensive framework for the protection and improvement of the environment, and covers a wide range of issues including air and water pollution, hazardous waste management, and biodiversity conservation. It also created the National Green Tribunal, a specialized court for environmental disputes.

The National Green Tribunal Act, 2010: This act created the National Green Tribunal (NGT), a specialized court for environmental disputes. The NGT has the power to hear cases related to the enforcement of environmental laws, and to impose fines and penalties on violators.

The Paris Agreement, 2015: India was a signatory to the Paris Agreement on climate change, which aims to limit global warming to below 2 degrees Celsius above pre-industrial levels. As part of its commitment to the agreement, India has set targets for reducing greenhouse gas emissions and increasing the share of renewable energy in its power mix.

Overall, India has made significant progress in developing a robust legal framework for environmental protection over the past century. However, enforcement and implementation remain key challenges, and there is a need for greater public awareness and participation in environmental decision-making.

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