ENVIRONMENTAL LEGISLATION

The Environment (Protection) Act, 1986 not only has important constitutional implications but also an international background. The spirit of the proclamation adopted by the United Nations Conference on Human Environment which took place in Stockholm in June 1972 was implemented by the Government of India by creating this Act. Although there were several existing laws that dealt directly or indirectly with environmental issues it was necessary to have a general legislation for environmental protection because the existing laws focused on very specific types of pollution, or specific categories of hazardous substances or were indirectly related to the environment through laws that control land use, protect our National Parks and Sanctuaries and our wildlife. Thus there was a need for an authority which could assume the lead role for studying, planning and implementing long term requirements of environmental safety and give directions to, as well as coordinate a system of speedy and adequate response to emergency situations threatening the environment.

 

 

 

THE AIR (PREVENTION AND CONTROL

OF POLLUTION) ACT

The Government passed this Act in 1981 to clean up our air by controlling pollution. Sources of air pollution such as industry, vehicles, power plants, etc. are not permitted to release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds (VOCs) or other toxic substances beyond a prescribed level. To ensure this, Pollution Control

Boards (PCBs) have been set up by Government to measure pollution levels in the atmosphere and at certain sources by testing the air.

The main objectives of the Act are as follows:

(a) To provide for the Prevention, Control and abatement of air pollution.

(b) To provide for the establishment of central and State Boards with a view to implement the Act.

(c) To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution.

Penalties: Persons managing industry are to be penalized if they produce emissions of air pollutants in excess of the standards laid down by the State Board. The Board also makes applications to the court for restraining persons causing air pollution. Whoever contravenes any of the provision of the Act or any order or direction issued is punishable with imprisonment for a term which may extend to three months or with a fine of Rs.10, 000 or with both ,and in case of continuing offence with an additional fine which may extend to Rs 5,000 for every day during which such contravention continues after conviction for the first contravention.

THE WATER (PREVENTION AND CONTROL

OF POLLUTION) ACT

The Government has formulated this Act in 1974 to be able to prevent pollution of water by industrial, agricultural and household wastewater that can contaminate our water sources. Waste water with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are serious health hazards. Controlling the point sources by monitoring levels of different pollutants is one way to prevent pollution by giving a punishment to a polluter. A polluter must pay for his actions. However preventing pollution is better than trying to cure the problems it has created, or punishing offenders.

The main objectives of the Water Act are

To provide for prevention, control and abatement of water pollution and the maintenance or restoration of the wholesomeness of water. It is designed to assess pollution levels and punish polluters. The Central Government and State Governments have set up Pollution Control Boards that monitor water pollution.

Penalties are charged for acts that have caused pollution. This includes failing to furnish information required by the Board, or failing to inform the occurrence of any accident or other unforeseen act. An individual or organisation that fails to comply with the directions given in the subsections of the law can be convicted or punished with imprisonment for a term of three months or with a fine of Rs10,000 or both and in case failure continues an additional fine of Rs.5,000 every day. If a person who has already been convicted for any offence is found guilty of the same offence again, he/she after the second and every subsequent conviction would be punishable with imprisonment for a term not less than two years but which may extend to seven years with fine.

FOREST CONSERVATION ACT

The Forest Conservation Act of 1980 was enacted to control deforestation. It ensured that forestlands could not be de-reserved without prior approval of the Central Government. This was created a States had begun to de-reserve the Reserved Forests for non-forest use. States had regularized encroachments and resettled ‘Project Affected People’ from development projects such as dams in these de-reserved areas. The need for a new legislation became urgent. The Act made it possible to retain a greater control over the frightening level of deforestation in the country and specified penalties for offenders. In 1992, the 73rd and 74th Amendments to the Constitution furthered governance through panchayats. It gives States the ability to provide power to the local panchayats to manage local forest resources.

Penalties for offences in Reserved Forests: No person is allowed to make clearings or set fire to a Reserved Forest. Cattle are not permitted to trespass into the Reserved Forest. Felling, collecting of timber, bark or leaves, quarries or collecting any forest product is punishable with imprisonment for a term of six months, or with a fine which may extend to Rs.500, or both.

Penalties for offences in Protected Forests: A person who commits any of the following offences like felling of trees, or strips off the bark or leaves from any tree or sets fire to such forests, or kindles a fire without taking precautions to prevent its spreading to any tree mentioned in the Act, whether standing or felled, or fells any tree, drags timber, or permits cattle to damage any tree, shall be punishable with imprisonment for a term which may extend to six month or with a fine which may extend to Rs.500, or both.

THE WILDLIFE PROTECTION ACT

This Act passed in 1972, deals with the declaration of National Parks and Wildlife Sanctuaries and their notification. It establishes the structure of the State’s wildlife management and the posts designated for Wildlife Management. It provides for setting up Wildlife Advisory Boards. It prohibits hunting of all animals specified in Schedules I to IV of the Act. These are notified in order of their endangeredness. Plants that are protected are included in schedule VI.

The Amendment to the Wildlife Protection Act in 2002 is more stringent and prevents the commercial use of resources by local people. It has brought in new concepts such as the creation of Community Reserves. It has also altered several definitions. For instance in animals, fish are now included. Forest produce has been redefined to ensure protection of ecosystems.

Penalties: A person who breaks any of the conditions of any license or permit granted under this Act shall be guilty of an offence against this Act. The offence is punishable with imprisonment for a term which may extend to three years or with a fine of Rs 25,000 or with both. An offence committed in relation to any animal specified in Schedule I, or Part II of Schedule II, like the use of meat of any such animal, or animal articles like a trophy, shall be punishable with imprisonment for a term not less than one year and may extend to six years and a fine of Rs 25,000.

HUMAN RIGHTS

Several environmental issues are closely linked to human rights. These include the equitable distribution of environmental resources, the utilisation of resources and Intellectual Property

Rights (IPRs), conflicts between people and wildlife especially around PAs, resettlement issues around development projects such as dams and mines, and access to health to prevent environment related diseases.

WOMEN AND CHILD WELFARE

There are several environmental factors that are closely linked to the welfare of women and children. Each year, close to eleven million children worldwide is estimated to have died from the effects of disease and inadequate nutrition. Most of these deaths are in the developing world. In some countries, more than one in five children dies before they are 5 years old. Seven out of 10 of childhood deaths in developing countries can be attributed to five main causes, or a combination of them. These are pneumonia, diarrhea, measles, malaria and malnutrition. Around the world, three out of every four children suffer from at least one of these conditions. There are strong connections between the status of the environment and the welfare of women and children in India. Women, especially in lower income group families, both in the rural and urban sector, work longer hours than men. Their work pattern differs and is more prone to health hazards. The daily collection of water, fuel wood and fodder is an arduous task for rural women. In urban areas, where lower economic group women live in crowded smoke filled shanty’s in unhygienic slums, they spend long hours indoors, which is a cause of respiratory diseases. In urban centers, a number of women eke out a living by garbage picking. They separate plastics, metal and other recyclable material from the waste produced by the more affluent groups of society. During this process, they can get several infections. Thus they are providing an environmental service of great value, but earn a pittance from this work. Women are often the last to get enough nutrition as their role in traditional society is to cook the family meal and feed their husband and children. This leads to malnutrition and anemia due to inadequate nutrition.

ROLE OF INFORMATION IN ENVIRONMENT AND HUMAN HEALTH

The understanding of environmental concerns and issues related to human health has exploded during the last few years due to the sudden growth of Information Technology. The computer age has turned the world around due to the incredible rapidity with which IT spreads knowledge. IT can do several tasks extremely rapidly, accurately and spread the information through the world’s networks of millions of computer systems.  A few examples of the use of computer technology that aid environmental studies include software such as using Geographical Information Systems (GIS). GIS is a tool to map land use patterns and document change by studying digitized top sheets and/or satellite imagery. Once this is done, an expert can ask a variety of questions which the software can answer by producing maps which helps in land use planning.

The Internet with its thousands of websites has made it extremely simple to get the appropriate environmental information for any study or environmental management planning. This not only assists scientists and students but is a powerful tool to help increase public awareness about environmental issues. Specialised software can analyze data for epidemiological studies, population dynamics and a variety of key environmental concerns.

The relationship between the environment and health has been established due to the growing utilisation of computer technology. This looks at infection rates, morbidity or mortality and the etiology (causative factors) of a disease. As knowledge expands, computers will become increasingly efficient. They will be faster, have greater memories and even perhaps begin to think for themselves.