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Environmental Law and its Need in India- Harseerat Kaur Bal

Updated: Nov 27, 2021


Environmental protection in India is not a new practice. Nature has always been respected and worshipped from ancient ages. It is because our ancestors realized the importance of the environment. The health of the environment has a direct link to human health. But in today's era worshipping and respecting nature is not enough to protect the environment as the ways of exploitation have increased by many means like industrialization, agriculture, etc.

Now first it should be clear what the environment is. The environment word means the biological and physical surroundings of a human being. It determines his health and way of life along with his economic activities. It consists of air, water, soil, and all other living and nonliving entities.

Need for environment-related law

The concern for the environment was felt in the modern period after industrial development when air, water, and soil started degrading and caused serious health issues. Every country has its provisions for the protection of the environment.

Environmental law depicts the organize of directions and standard laws that address the impacts of human exercises on our atmosphere. These laws are too alluded to as natural and resource law and middle on the thought of environmental contamination.

Environmental law helps us to preserve our natural resources and focuses on that our environment does not have to suffer because of human activities. there are some major areas on which the environmental law focuses on. these areas are as mentioned below:

  1. Improving the air quality

  2. Management of waste

  3. To improve the water quality

  4. Sustainability of resources

  5. Safety of environments from the chemicals that we use in daily life

  6. To keep clean the environment

Legislation related to the environment in India

Even though most of the constituents of the environment counting land, water and timberlands are beneath State domain, the Union government has passed Acts to ensure the environment from corruption and devastation by utilizing Article 242 of the Structure which engages the Union to pass enactment on things said within the State list in case two or more States inquire it to do so.

First-ever environmental laws were the Bengal Gas Nuisance Act of 1905 and Bombay Gas Nuisance 1912 to control the depletion of air quality. In the same year Wild Birds and Animal Protection Act and for the protection of interstate rivers The River Board Act was was also enacted in 1956. In 1968 the Insecticide Act was formed which regulates the manufacturing, sale, import, transportation, and distribution of insecticide which protects human and fauna health.

to protect the endangered species of animals and plants The Wildlife Protection act 1972 was passed by the Indian parliament. The Air Act 1981 and The Environment protection act 1984 deals with air pollution and deals with hazardous substances, open research laboratories, etc. The National Environmental Tribunal Act, 1995 awards compensation to the people who's health or property gets damaged due to environmentally hazardous substances. Eco marks scheme of 1991 gives green ratings to the products which have less environmental effects.

In 2006 National Environment Policy (NEP) was formulated by the Ministry of Environment and forests to keep an eye on the environmental issue and to make strategies and ways to control the pollution and threats to the air quality, water bodies, etc.

The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) has been ordered with the targets to supply for the foundation of a National Green Tribunal (NGT) for the viable and speedy transfer of cases relating to environmental security and preservation of timberlands and other characteristic assets counting requirement of any lawful right relating to the environment and giving alleviation and emolument for harms to people and property and for things associated therewith or coincidental thereto.

The environmental laws also ensured proper waste management so that it does not affect human health in any way. Because the disposal of various materials like radioactive substances, e-waste, surgical equipment, and chemical wastes from industries is a great concern for all countries. The environmental laws ensure proper disposal technique. Without laws its not possible to protect the environment from such dangerous and lethal emissions into water, air, and soil by factories.

India already has so many Acts and laws to protect the environment but there are so many problems that need a lot of effort to rectify.

● Common people are not well aware of the laws.

● The control mechanism is inefficient and its implementation is also poor.

● The penalties and restrictions are not hard for industries for discharging effluents into the water bodies and ground which results in pollution.

● The state government has restrictions as it has to take permission from the central government for every step it takes.

● Lack of funds is another major issue.


Environmental law sounds like a complicated foundation of approaches and methods, but the truth is that anybody can learn more around it and ended up included with the correct instruction. As expressed prior, the natural science industry is on a fast increment with work openings thriving as more individuals ended up mindful of the circumstance at hand. This work steadiness, brought on by the reality that we are proceeding to contaminate the world, is precisely why tall school understudies ought to be considering natural science as their field of pondering. It is current, ever-changing, and inconceivably vital to human life.

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