INTRODUCTION
Before 1972 conference, the main laws regarding environment protection were criminal law, easement laws, tort law, laws regarding canal and water, forest law and some special laws regarding hazardous substance. Certain Constitutional provisions can also be interpreted as the environment protection laws. Initially, Indian Constitution does not talk directly about the Environment Protection, but it gives fundamental rights to life or Article 21 to its citizen, which could be treated as the right to enjoy wholesome environment. But the main drawback of such laws is that, those are not made especially for the protection of environment and approach of such laws is human centric and not the environment. Those laws also lack special enforcement and monitoring agency.
The conference of Stockholm was attended by the then Prime Minister of India, Mrs. Indira Gandhi and she got inspired a lot by the discussions held, issues raised and development took place during that conference. The results could be reflected in the quick developments that took place immediately after the Stockholm Conference. After the Stockholm Conference, 1972, Government of India brought the 42nd amendment in the Constitution and incorporated Article 48A and Article 51A (g) which was the most significant step towards an improvement in the sector of Environmental protection in India.
42nd AMENDMENT OF THE INDIAN CONSTITUTION
The 42nd Amendment to the Constitution, which was enacted during the Stockholm Conference of 1972, made significant revisions to the Indian Constitution, earning it the moniker “little constitution.” This Amendment made modifications to a variety of issues, but when it came to environmental legislation, it established duty on the part of both the state and individuals to conserve and enhance the environment. This was done by the incorporation of Article 48A and 51 (g).
The Indian Constitution put an obligation on the state to “protect and develop the environment, as well as safeguard the country’s forests and wildlife” by including Article 48-A as part of the Directive Principle of State Policy.
It placed a total of ten basic obligations on citizens by adopting Article 51-A. These responsibilities were imposed on citizens because they are endowed with various fundamental rights as citizens of this country, and because rights and responsibilities are inextricably linked, fundamental responsibilities were imposed on citizens to serve as a constant reminder to them that the Constitution bestowed upon them certain fundamental rights which also requires certain duties on their part to be fulfilled as being ideal citizens.
As a result, citizens have a basic responsibility to “protect and develop the natural environment, including forests, lakes, rivers, and animals, and to show compassion for living creatures,” according to Article 51-A (g).
LEGISLATIONS ENACTED IN INDIA AFTER THE STOCKHOLM CONFERENCE
Stockholm Conference, 1972 also has the impact on the environment related laws and acts. Following 1972, the importance of environmental protection was recognised and various acts and policies were enacted to better the environment which are as follows:
- WILDLIFE PROTECTION ACT OF 1972
The act provides the safety and promises to protect the country’s wild animals, birds, flora and faunas, and plant species with the aim of ensuring environmental and ecological balance and security. The act also lays down the punishments on hunting various animal species.
- WATER ACT OF 1976
This Act was the outcome of a request from the state government to the federal government to draft water legislation. The Water Act of 1976 makes provisions for the protection of water against contamination. It also includes a legislative definition of water contamination. The formation of a central board and a state board for the prevention and management of water contamination was another important development in the 1976 Water Act.
- AIR ACT OF 1981
Following the Water Act, the Air Act of 1981 was enacted. The primary goal of this Act is to prevent, control, and reduce air pollution. It also gives the board formed under the Water Act of 1976 the authority to carry out the Air Act’s objectives.
- ENVIRONMENT PROTECTION ACT OF 1986
Government passed the umbrella legislation for environment, the Environment Protection Act 1986 which intended to protect the entire environment, rather merely the water or the air. According to it ‘environment includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property’. It also defines environmental pollution as the presence of any environmental pollutant in the environment. Another significance of this Act is that it.
- ENVIRONMENT POLICY OF 2006
Environmental Policy 2006 is an important development in Indian environmental law, with the primary goal of expanding the scope of environmental law and filling gaps in environmental laws and policies. This policy recognises the changing nature of society and its problems with pollution and the environment, and it attempts to bridge the gap between old laws and policies and new realities.
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