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Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business Mcom Sem 2 Delhi University Notes

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business MCOM Sem 2 Delhi University : The University of Delhi (UOD) informally known as Delhi University (DU) is a public central collegiate university, located in New Delhi, India. The University of Delhi was established in 1922 as a unitary, teaching and residential university by an Act of the then Central Legislative Assembly of the British India. The University was originally to be named Prince Charles University, but Rai Kedarnath, counselor to the Chief Commissioner of Delhi and founder of Ramjas College, argued that if the university should fail, that would certainly antagonise the Prince. He suggested the name by which it is known today.

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business Mcom Sem 2 Delhi University Notes

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business MCOM Sem 2 Delhi University : There is no dearth of legislations on environmental protection in India but their enforcement has been far from satisfactory. There is need for the effective and efficient enforcement of the Constitutional mandate and other environmental legislations. The creative role of judiciary has been significant and laudable. Pursuant to the Constitutional provisions contained in Articles 48A and 51A(h), many Public Interest Litigations have been instituted in the Supreme Court of India against many industries for failing to provide adequate pollution control and also against Pollution Control Boards to direct them to take appropriate measures to ensure pollution control. For the purpose of efficient and effective enforcement of these lays, it is necessary to set up an Adjucatory Body which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws.

Download here Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business Mcom Semester 2 Delhi University Notes in pdf format 

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business MCOM Sem 2 Delhi University Notes

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business MCOM Sem 2 Delhi University : Today, the conservation, protection and improvement of human environment are major issues all over the world. Human environment consists of both physical environment and biological environment. Physical environment covers land, water and air. Biological environment includes plants, animals and other organisms. Both physical and biological environment are inter-dependent. Industrialisation, urbanisation, explosion of population, over-exploitation of resources, disruption of natural ecological balances, destruction of a multitude of animal and plant species for economic reasons are the factors which have contributed to environmental deterioration.1 One country’s degradation of environment degrades the global environment for all the  countries.2 The problem of environmental pollution has acquired international dimension and India is no exception to it. In the present paper, an attempt has been made to briefly outline the Indian laws which are primarily and more relevant to protect and improve the environment. The enforcement of these laws has also been examined and evaluated.

CONSTITUTIONAL AND LEGISLATIVE MEASURES

Stockholm Declaration of 1972 was perhaps the first major attempt to conserve and protect the human environment at the international level. As a consequence of this Declaration, the States were required to adopt legislative measures to protect and improve the environment. Accordingly, Indian Parliament inserted two Articles, i.e.,, 48A and 51A in the Constitution of India in 1976,3 Article 48A of the Constitution rightly directs that the State shall endeavour to protect and improve the environment and safeguard forests and wildlife of the country.

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Similarly, clause (g) of Article 51A imposes a duty on every citizen of India, to protect and improve the natural environment including forests, lakes, river, and wildlife and to have compassion for living creatures. The cumulative effect of Articles 48A and 51A (g) seems to be that the ‘State’ as well as the ‘citizens’ both are now under constitutional obligation to conserve, perceive, protect and improve the environment. Every generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way.4 The phrase ‘protect and improve’ appearing in both the Articles 48A and 51A (g) seems to contemplate an affirmative government action to improve the quality of environment and not just to preserve the environment in its degraded form.

Apart from the constitutional mandate to protect and improve the environment, there are a plenty of legislations5 on the subject but more relevant enactments for our purpose are the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; Public Liability Insurance Act, 1991; the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997; the Wildlife (Protection) Act, 1972; the Forest (Conservation) Act, 1980. The Water Act provides for the prevention and control of water pollution and the maintaining or resorting of the wholesomeness of water. The Act prohibits any poisonous, noxious or polluting matter from entering into any stream or well.

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business Mcom Sem 2 Delhi University Notes

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business MCOM Sem 2 Delhi University : A policy is a board guideline for planners and administrators. It lays down the general objectives and its execution is left to the administrators. Policy formulation becomes indispensable because policy is in an instrument of transformation of a given environment into a preferred environment. It is through a policy that we can precisely identify the problems; fix priority to form alternative approaches and solutions; make a choice among alternatives on the basis of comprehensive analysis if benefits and costs; articulate the choice in terms of goals expressed; provide organization, personnel and resources to ensure effective implementation; and to lay down a mechanism for continuous monitoring of the policy.

In India, attention has been paid right from the ancient times to the present age in the field of environmental protection and improvement. Historically speaking, the laws relating to environment improvement were simple but quite effective and people were aware of the necessity of environmental protection. The present day legislations in India are the outcome of the growing industrialization and population pressure. There are stated to be over 500 Central and State statues which have at least some concern with environmental protection, either directly or indirectly. Besides that, the common law and Constitutional remedies relating to environmental protection are also there

What are the key policies relating to the environment in India?
There are three key policies relating to environmental protection in India. They are:

  • The National Forest Policy, 1988
  • Policy statement for Abatement of Pollution, 1992
  • National Conservation Strategy and Policy Statement on Environment and Development, 1992

How is ‘Environment’ defined under Indian Law?
According to Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’ includes
a) Water, air and land
b) The inter-relationship which exists among and between,
i) water, air, land, and
ii) human beings, other living creatures, plants, microorganisms and property

What are the different statutes / legislations enacted in India exclusively for environmental protection?
The different statutes / legislations enacted in India exclusively for environment protection are

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  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water (Prevention and Control of Pollution) Rules, 1975
  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • The Water (Prevention and Control of Pollution) Cess Rules, 1978
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Air (Prevention and Control of Pollution) Rules, 1982
  • The Environment (Protection) Act, 1986
  • The Environment (Protection) Rules, 1986
  • Hazardous Wastes (Management and Handling) Rules, 1989
  • Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
  • The Forest (Conservation) Act, 1980
  • The Forest (Conservation) Rules, 1981
  • The Wildlife Protection Act, 1972
  • The Wildlife (Transactions and Taxidermy) Rules, 1973
  • The Wildlife (Stock Declaration) Central Rules, 1973
  • The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983
  • The Wildlife (Protection) Rules, 1995
  • The Wildlife (Specified Plants – Conditions for Possession by Licensee) Rules, 1995
  • The Public Liability Insurance Act, 1991
  • The Public Liability Insurance Rules, 1991
  • The National Environment Tribunal Act, 1995
  • The National Environment Appellate Authority Act, 1997

What is the difference between the laws enacted before and after independence with respect to environmental protection in India?
There are about two hundred laws dealing with environmental protection both before and after independence in India. However, the pre-independence laws have not dealt with environmental protection exclusively. For example, the Indian Penal Code (IPC), 1860, had a chapter (chapter XIV) which dealt with offences affecting public health, safety and convenience, which covered aspects like water, air and noise pollution, whereas the post-independence laws mentioned above deal exclusively with environmental protection.

What are the provisions in the Indian Penal Code for environmental protection?
The Indian Penal Code has a chapter on offences affecting Public Health, Safety, Convenience (Chapter XIV). Sec. 268 provides that “a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.” The section further explains that a common nuisance is not excusable on the ground that it causes some convenience or advantage. Other concerned provisions are: a “negligent act likely to spread infection or disease dangerous to life” (Sec. 269 IPC.), a “malignant act likely to spread infection or disease dangerous to life” (Sec. 270 IPC.), “making atmosphere noxious to health” (Sec. 278 IPC.).

But the essential requirement of the provision to punish a man is the guilty intention of the accused, i.e. either the act of the accused should be negligent, malignant or voluntary, which vitiates the atmosphere. In case of public nuisance, the Penal Code provides for fines up to Rs. 200/- by way of punishment (Sec. 290 IPC.) and for making the atmosphere noxious to health Rs. 500/- only (Sec.78 IPC.).

The punishments are too meagre to meet the objectives. With these penal provisions, it is not possible to check environmental pollution.

Unit VI Law relating To Pollution Control And Environmental Protection For Legal Aspects Of Business Mcom Sem 2 Delhi University Notes

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