JUDICIAL ACTIVISM IN STRENGTHENING ENVIRONMENTAL PROTECTION LAWS IN INDIA

Gurprem Monga

doi:10.29121/shodhkosh.v5.i5.2024.6155

Authors

Gurprem Monga Bachelor of Science(B.Sc non-med), Bachelor of Laws(LL.B.), Master of laws(LL.M.)- Criminology.

DOI:

https://doi.org/10.29121/shodhkosh.v5.i5.2024.6155

Keywords:

Judicial, Activism, Environmental, Protection, Laws

Abstract [English]

India, a country with diverse ecological provinces and rich biodiversity has realized the quintessential importance of environmental conservation. In recent decades, there has emerged a substantive legal framework to conserve its natural heritage besides fighting pollution and promoting sustainable development. Though cumbersome to implement, these environmental protection laws unequivocally articulate the commitment to ensure a safe environment for future generations. The 1972 Stockholm Conference is considered a turning point in raising global awareness about environmental degradation. In 1974, India's environmental policy was significantly improved by passing the Water (Prevention and Control of Pollution) Act. The act immediately vested powers in state and central boards for pollution control to frame rules regarding waste disposal into water bodies and exercise control over such activities. Next came the Air (Prevention and Control of Pollution) Act of 1981 which extended similar regulatory mechanisms to deal with air quality as well as vehicular and industrial emissions. These two acts also formed the basis of national legislation for pollution control. But the Bhopal Gas Disaster of 1984 spoke painfully about how flimsy was the existing legal framework concerning dangerous goods and industrial accidents. As an immediate and direct follow-up to this tragic incident, a comprehensively framed Environment (Protection) Act was enacted in 1986. The EPA is a comprehensive legislation relating to matters of preservation, improvement, and environment and incidental matters thereto. In it, the central government has been empowered to take all such measures as deem fit for the purpose of protection and improvement of the quality of environment by setting standards, regulating industrial activities, and conducting Environmental Impact Assessment (EIA). Some of these will show just how far environmental clearance for development projects has come since then with regulations such as the Hazardous Waste (Management and Handling) Rules, Coastal Regulation Zone (CRZ) Notification, Environmental Impact Assessment Notification being spearheaded substantially by this very EPA.

References

Dr. Sukanta K. Nanda, Environmental Law, 65 (Central Law Publication: Allahabad, 1st Edn., 2019).

Agarwal, A. An Indian Environmentalist’s Credo. In Social Ecology edited By Guha, R. 2021. Oxford University Press, New Delhi

Krishna, S. 2022. Environmental Politics – People’s Lives and Development Choices. Sage Publications, New Delhi. Pp. 15-28

Ray, P. 2020. Environmental Security Can Prevent Social Instability. Human scope May 2020 (Pp.30-31)

Anderson, Michael R. 2021. International Environmental Law in Indian Courts, 7 REV. EUR. COMP. & INT’L ENVTL. LAW 21. DOI: https://doi.org/10.1111/1467-9388.00123

Mahbubul Haq Human Development Centre. 2021. Human Development in South Asia 2021: Globalisation and Human Development. Oxford University Press, Karachi. (pp. 2-7)

Kothari, A. and Kothari, M. 2020. Structural Adjustment and the Environment. Economic and Political Weekly XXVIII(11)

Upadhyay, Sanjay and Upadhyay, Videh. 2021. Handbook on Environmental Law, Vol. 1-3. LexisNexis-Butter Worths, Delhi.

Divan, S and Rosencranz, A. 2021. Environmental Law and Policy: Cases, Materials and Statutes. Oxford University Press, New Delhi. DOI: https://doi.org/10.1093/oso/9780192865458.001.0001