Origin and development of Environmental Law in India

 

Origin and development of Environmental Law in India

 

Answer:

Origin and Development of Environmental Law in India:

Origins:

 

• Pre-colonial: Ancient India had environmental considerations embedded in religious and cultural values, promoting resource conservation and sustainable practices.

 

• Colonial era: Focus on resource extraction and economic exploitation, with limited environmental regulations.

Development:

 

• Post-independence (1947): Initial focus on specific issues like water pollution (Water Act, 1974) and air pollution (Air Act, 1981).

 

• Landmark legislation: Environment Protection Act, 1986: A comprehensive framework for:

 

• Preventing, controlling, and abating environmental pollution.

 

• Protecting and improving environmental quality.

 

• Conserving natural resources.

 

Scope:

 

• Multidisciplinary: draws from biology, sociology, ecology, economics, political science, etc.

 

• Sources: Constitution, statutes, judicial decisions, international treaties, reports, and conferences.

 

• Key areas:

 

• Pollution control (air, water, soil, noise)

 

• Conservation of natural resources (forests, wildlife, biodiversity)

 

• Sustainable development

 

Significance:

 

• Constitutional right: 42nd Amendment (1976) grants the right to a clean and healthy environment under Article 21.

 

• Judicial activism: Supreme Court and High Courts play a crucial role in promoting environmental protection through PILs and landmark judgments.

 

• International influence: Stockholm Conference (1972) marked a shift in global consciousness, influencing India's legal framework.

 

• Public interest litigation (PIL): Justice Bhagwati spearheaded the use of PILs for environmental issues, creating significant impact.

 

Challenges and Opportunities:

 

• Effective implementation and enforcement of laws.

 

• Public awareness and behavior change.

 

• Balancing environmental protection with economic development.

 

• Addressing climate change and other emerging environmental concerns.

Further Exploration:

 

• Specific cases and landmark judgments (Charan Lal Sahu case, etc.).

 

• Role of civil society organizations in environmental law.

 

• Comparisons with environmental laws of other countries.

 

• Future directions and challenges of environmental law in India.

 

Remember: Environmental law is a dynamic field constantly evolving. By understanding its origins, scope, and challenges, you can better analyze its impact and contribute to a more sustainable future for India. Important key words are Prevention, Control and Abetment of Environment Protection.