Environmental Acts and Laws

The Wildlife Protection Act (1972) 

Wildlife term is defined under section II [37] of the Wildlife Protection Act. The Wildlife (Protection) Act, 1972 is a statutory act aimed for protection of plants (of any habitat), birds and animals (aquatic or terrestrial). It established schedules for protected plants and animal species (medicinal or economical) which are on the verge of

extinction. Hunting / harvesting of the species was banned and stopped with a view to 

ensure the economic and environment security of the country. 

Salient Features of the Act 

• It extends to the whole of India. 
• It has six schedules which give varying degree of protection (under Section LXVI) 

Schedule I and Schedule II provide absolute protection and offences under these are prescribed the highest penalties. 

• Species listed in Schedule III and Schedule IV are also protected but the penalties are much lower. 
• Section V includes the animals which maybe hunted. 
• Plants in Section VI are prohibited from cultivation and planting. 
• For hunting, the enforcement authorities have the power to compound offences under their schedule. 
• The Wildlife (Protection) Act, 1972 under Section XXXVIII (a-j) makes provisions to establish Central Zoological Authority (CZA) to recognise and derecognise zoos across the country, promote captive breeding, research and training to the staff. 
• It helps in protecting and promoting wildlife through ex-situ conservation mechanism. 
• This Act was amended in 2002 that made resource use more stringent and local people were prevented for the commercial use of resources. 

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The Water (Prevention & Control of Pollution) Act, 1974 

The Act aims to prevent and control water pollution and to maintain / restore the wholesomeness of water by establishing central and state pollution control boards (PCBs) to monitor and enforce the regulations. 

The Act is in agreement with fundamental duties enshrined in the Article 51(A)(g) of our constitution that says everyone is responsible to protect and improve the environment (the whole biodiversity i.e. forests, lakes, rivers, wildlife, etc.). 

Objectives of the Act 

• To prevent and control water pollution. 
• Restore the wholesomeness of water. 
• To establish boards for the prevention and control of water pollution. 
• To confirm and assign the boards the power and functions relating to the above. 

Salient Features of the Act 

• Establishment of central and state boards for pollution control. 
• Prohibition of the use of streams and wells for the disposal of pollutants. 
• Consent of CPCB is required to open new outlets and discharges into streams and wells. 
• Provision of funds, budgets, accounts and audit of the central and state pollution control boards. 
• Provision for various penalties for the defaulters and procedures for the same. 

The Forest Conservation Act, 1980 

Forest is an important component for sustaining an healthy environment. It gives invaluable resources like oxygen, food, fiber, fuel and is responsible for humidity and rainfall  determining the local weather as well as global climatic conditions. 

To prevent deforestation and to regulate it, the Union government enacted the FCA Act in the year 1980. This Act was to provide for the conservation of forests and keep a check on diversion of forest land into non-forest purpose and for matters connected therewith. The Act extends in whole of India.  

The Indian Forest Act classifies forests into 4 main categories: 

·         Reserved Forests 

·         Protected Forests 

·         Village Forests 

·         Private Forests 

Salient Features of the Act 

• Approval from the Central government (restrictions on the power of state govts.) is mandatory before any reserved forest is declared as dereserved or if forest land is to be diverted into non-forest purposes like mining and research. 
• No forest land can be cleared of trees which have grown naturally in that land for the purpose of reusing it for reforestation without prior approval of the Central govt. 
• No state govt. or any other authority may direct any forest land or its any portion that may have been assigned by the way of lease or any other method to any corporation, organization or agency without the approval of the Central govt. 
• Admissible punishment to the offender is provisioned under Section II of the Forest Conservation Act. 

The Air (Prevention & Control of Pollution Act), 1981 

The Air Act consists of 54 sections. The causes of air pollution are urbanization, industrialization, developmental work, increasing number of vehicles and power plants, etc. 

Objectives of the Act 

• Prevention, control and abatement of air pollution. 
• Maintaining the quality of air i.e. Release of particulate matter, lead, CO, oxides of S, N, VOCs or other toxic substances are banned beyond a permissible limit. 
• Establishing boards for prevention and control of air pollution. 

Salient Features of the Act 

• Central board may lay out standards for the quality of air. 
• Central board coordinates and settles all disputes between state boards in addition to providing technical assistance and guidance to the state boards. 
• State boards lay down standards for emission of air pollution from industrial units, automobiles or other sources. 
• State boards should collect and disseminate information related to air pollution and function as inspectorates of air pollution. 
• State boards should examine manufacturing process of pollution control equipment to verify if they meet the standards prescribed. 
• State boards can advise the state govt. To declare heavily polluted areas as pollution control areas and advise avoidance of burning waster products that increase air pollution. 
• The directions of the central board are mandatory on state boards. 
• Operation of industrial units is prohibited in heavily polluted areas without the consent of the central board. 
• Violation of this law is punishable with imprisonment for a term which may extend to 3 months or a fine up to ₹10,000 or even both. If not followed, then the fine converts into ₹5,000 per day. 

Environmental Protection Act, 1986 

Objectives of the Act 

• Protect and improve air, water and land involved. 
• This is an 'umbrella legislation' enacted by the Union govt. for the protection of the environment and achieving the goal of sustainable development. 
• To prevent hazards hampering all living creatures and properties to maintain a pleasant relationship between human beings and their environment. 

Salient Features of the Act 

• This Act empowers the govt. to lay down procedures and safeguard for prevention of accidents that cause pollution and remedial measures if an accident occurs. 
• The govt. has the authority to close/prohibit or regulate any industry or its operation if violation of the provisions of the Act occurs. 
• Any person who fails to comply or contravenes any provision of the Act, is punishable with imprisonment for a term extending up to 5 years or a fine up to ₹1,00,000 or both and an additional fine of ₹5,000 per day may be imposed for the entire period of viola-tion of rules. 
• The Act fixes the liability on the person who is directly in charge unless it is proven that the offense was committed without his/her consent or knowledge. 
• This Act empowers the Officer of Central govt. to inspect the site and collect samples of air, water, soil or any other suspicious material for testing. 
• This Act is the most comprehensive legislation with powers for Central govt. to act directly without interference from regulatory authority or agencies. 

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 

This Act is also referred to as the Forest Rights Act, the Tribal Rights Act and the Tribal Land Act. This was enacted to recognize and vest the forest rights and occupation in forest land to forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for three generations and whose rights could not be recorded due to colonial law. 

Historical Background 

India's forests are governed by two main laws: 

• Indian Forests Act, 1927: It empowers the govt. to declare any area to be a reserved forest, protected forest or village forest. 
• Wildlife (Protection) Act, 1972: It allowed any area to be constituted as a 'protected area', namely, a national park, wildlife sanctuary, tiger reserve or community conserva-tion area.

Under these laws, the rights of the people living in or depending on the area to be declared as a forest or protected area to be 'settled' by a 'forest settlement officer', who will enquire into the claims of the people on land, minor forest produce, etc. and in the case of claims are found to be valid, to allow them to continue or to extinguish them by paying compensat-ion. 
Those whose rights are not recorded during the settlement process are susceptible to evict-ion at anytime. This legal free light zone leads to harassment, eviction, extraction of many and sexual harassment of forest dwellers by forest officials who have control over forest dw-ellers' livelihood and daily lives. 

Salient Features of the Act 

1. The Forest Regulation Act provides grants of land to forest dwellers in-situ to the extent of their present holdings but not exceeding 4 ha. 
2. Only claims of those STs and other traditional forest dwellers who had been primarily residing and depending on forest land for at least 3 generations shall be considered. 
3. The Forest Rights Act provides for notifying critical wildlife habitats as inviolate areas but also does not stop the implementation of voluntary incentive driven resettlement projects in critical wildlife habitats. 
4. The Forest Rights Act is in addition to, and not in derogation of, the Wildlife (Amendment) Act, 2006, the Forest Act, 1980 and other state forest acts. 

Types of Rights Granted 

1. Title Rights 
2. Use Rights 
3. Relief and Development Rights 
4. Forest Management Rights 

Process of Recognition of Rights 

• Gram Sabha or Village Assembly will initially pass a resolution recording whose rights to which resources should be recognised. 
• The resolution is then screened and approved at the level of the sub-division or taluka and subsequently at the district level. 
• The screening committees consist of 3 government officials - forest, revenue, tribal welfare departments, and 3 elected members of the local body at that level.