Environment Policies & Legislation

 
India, the world's second most populous nation, has seen its population explode from 300 million in 1947 to  one billion plus  today. This rapidly growing population, along with increased economic development, and impressive GDP( Gross Domestic Product ) growth have put enormous pressure on country's natural resources base and have significantly increased levels of pollution in  the country. Deforestation, soil erosion, air pollution, water pollution and land degradation continue to worsen and are hindering economic development in rural India. Rapid industrialization and urbanization in India's big cities are  increasing levels of waste water pollution, solid waste and vehicular emission that have resulted in serious health problems in many areas of the country. Not only environment  pollution is increasing public health risks, but abatement efforts also are consuming a significant portion of India's GDP. A report from MoEF estimates that the annual cost of environmental degradation in India in the past few years is averaging about 4.5% of GDP. 

The Government of India (GOI), recognizing the severity of these problems way back, had adopted a comprehensive policy to address the environment. India was the first country to insert an amendment into its constitution allowing for the state to intervene and to protect public health, forests and wildlife. The 42nd Amendment was adopted in 1976, but an important limitation on the amendment was a clause specifying that it "shall not be enforceable by any court". More effective environmental legislation was adopted in the form of the Environment Protection Act of 1986. Under this Act, the Ministry of Environment and Forests (MoEF) has overall responsibility for administering and enforcing environmental laws and policies. . The MoEF established the importance of integrating environmental strategies into any development plan for the country. 

The  Indian constitutional provisions are backed by a number of Environment  laws , acts, rules and notifications on Forest & wildlife, water and Air  . The Environment Protection Act of 1986(EPA) came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising e.g. Handling and Management of Hazardous Waste Rules in 1989. The follwing are the chief Environment related  legislation in India at Nation level.

Ø        Indian Forest Act (1980)

Ø        The Wildlife (Protection) Act,1974

Ø        The Water ( Prevention & Control ) Act, 1974

Ø        The Air ( Prevention & Control ) Act, 1981 

Ø        The Environment (Protection) Act, 1986

This includes

             ·          Hazardous Waste ( Management & Handling) Rules 1989

             ·          Manufacture, Storage and Import of hazardous   Chemical rules 1989

            ·          Rules For manufacture, use, import & storage of Hazardous micro organisms

            ·          Eco Mark Notification  

Ø        The Public Liability Insurance Act 1991

Ø        The Nation Environment Tribunal Act 1995  

Apart from these act various Environmental related conventions and protocols are also in force in India. These are

Ø        Ramsar convention on wetlands 1981

Ø        World Heritage convention

Ø        Convention on Biological Diversity 1992

Ø        Climate change convention 1992

Ø        Montreal Protocol 1987 

 The State of  Punjab is also facing  a diverse range of problems related to Environment .In Punjab,   The Punjab Pollution control Board (PPCB) has been putting a lot of efforts to strive  towards excellent environment in state by enforcing the various laws and acts.  The Environment legislation enacted by the Government of the India along with all notified rules have been adopted and enforced by the State.  

In Punjab, the various economic and political policies also directly or indirectly affecting the Environment. The policies like free power supplies to farmers and subsidies on canal irrigation water, have provided incentives for farmers to over use water in their production practices, thereby exacerbating the problems of water logging in south western region of the state  and decline in the ground water  in central region  at the alarming rate  25-30 cm per annum. Recently a world Bank team visited Punjab to assess and analyse the reforms initiated in Punjab and provide a blueprint for future growth. The team suggested to stop the free power supply to farmers  to check the depletion of under ground water along with other measures.. So, there is urgent need to formulate and execute the Environment  specific policies to correct  the environment Problems. A draft " Policy on Environment and development " has been prepared by the PSCST  which is under consideration of the Government.