Module 77. Environment Related Laws, Policies and Projects in India

India’s environmental framework has evolved through a combination of constitutional provisions, legislative measures, policy guidelines, and developmental projects aimed at ensuring ecological balance and sustainable growth. As a rapidly industrialising nation facing diverse ecological challenges—ranging from deforestation and pollution to biodiversity loss and climate change—India has established a comprehensive system for environmental governance. This system reflects both national priorities and international commitments towards sustainable development.

Constitutional and Legal Foundations

Environmental protection in India is grounded in constitutional mandates and judicial interpretations. The Constitution (42nd Amendment) Act, 1976 incorporated environmental concerns into the Directive Principles of State Policy and Fundamental Duties.

• Article 48A: Directs the State to protect and improve the environment and to safeguard forests and wildlife.
• Article 51A(g): Makes it the duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.

The judiciary, especially through Public Interest Litigations (PILs), has played a pivotal role in shaping environmental jurisprudence. Landmark cases such as M.C. Mehta v. Union of India and Subhash Kumar v. State of Bihar expanded the right to a clean and healthy environment as part of the fundamental right to life under Article 21.

Major Environmental Laws in India

India’s legislative framework for environmental protection covers various sectors including air, water, forests, and wildlife. Key laws include:
1. The Environment (Protection) Act, 1986Enacted in the aftermath of the Bhopal Gas Tragedy (1984), this is the umbrella legislation for environmental governance. It empowers the central government to:

• Set standards for emissions and discharges.
• Regulate industrial locations and waste management.
• Establish authorities to manage hazardous substances.
• Issue notifications for Environmental Impact Assessments (EIA).

2. The Water (Prevention and Control of Pollution) Act, 1974This Act provides for the prevention and control of water pollution and the maintenance of water quality. It led to the establishment of the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) for monitoring and enforcement.
3. The Air (Prevention and Control of Pollution) Act, 1981Designed to control air pollution, this law authorises the CPCB and SPCBs to set emission standards, regulate industrial operations, and manage vehicular pollution. Amendments have integrated air quality monitoring networks across major cities.
4. The Wildlife (Protection) Act, 1972This Act provides a comprehensive legal framework for the protection of wild animals, birds, and plants. It classifies species under six schedules according to the degree of protection required. The Act also establishes Wildlife Sanctuaries, National Parks, and Biosphere Reserves.
5. The Forest (Conservation) Act, 1980Aimed at restricting the diversion of forest land for non-forest purposes, this Act ensures that any such conversion requires prior approval from the Central Government. It has played a major role in controlling deforestation and promoting afforestation programmes.
6. The Biological Diversity Act, 2002This law seeks to conserve biodiversity, promote sustainable use, and ensure fair sharing of benefits arising from biological resources. It created the National Biodiversity Authority (NBA), State Biodiversity Boards, and Biodiversity Management Committees (BMCs).
7. The Public Liability Insurance Act, 1991 and National Green Tribunal (NGT) Act, 2010The former mandates insurance for industries handling hazardous substances to provide immediate relief to victims of accidents, while the NGT was established for expeditious disposal of environmental cases.

National Environmental Policies and Strategies

India’s environmental management is guided by a series of policy frameworks that align development with ecological sustainability.
1. National Environment Policy (NEP), 2006This policy provides an overarching framework integrating environmental considerations into all sectors of development. Its objectives include:

• Conservation of critical ecological systems and biodiversity.
• Efficient use of resources.
• Strengthening of environmental governance.
• Integration of environmental concerns into economic planning.

2. National Forest Policy, 1988 and Draft Forest Policy, 2018The 1988 policy emphasised ecological stability, afforestation, and the participation of local communities in forest management. The Draft Forest Policy 2018 proposes climate change mitigation, ecosystem restoration, and use of modern technology for forest governance.
3. National Biodiversity Action Plan (NBAP), 2008Formulated in accordance with the Convention on Biological Diversity (CBD), it outlines strategies for conserving genetic, species, and ecosystem diversity through research, education, and sustainable use.
4. National Action Plan on Climate Change (NAPCC), 2008NAPCC integrates climate and developmental goals through eight national missions:

• National Solar Mission
• National Mission for Enhanced Energy Efficiency
• National Mission on Sustainable Habitat
• National Water Mission
• National Mission for Sustaining the Himalayan Ecosystem
• National Mission for a Green India
• National Mission for Sustainable Agriculture
• National Mission on Strategic Knowledge for Climate ChangeLater additions include missions on Waste-to-Energy and Electric Mobility.

5. National Clean Energy Policy and National Energy Efficiency MissionThese frameworks encourage renewable energy deployment, promote energy conservation, and reduce dependence on fossil fuels.

Major Environmental Projects and Programmes

India has implemented numerous government-led and community-based projects for resource conservation, pollution control, and ecosystem restoration.
1. Ganga Action Plan (GAP) and National Mission for Clean Ganga (NMCG)Launched in 1985, GAP aimed to reduce pollution in the River Ganga through sewage treatment and waste management. The NMCG, under the Namami Gange Programme (2014), expanded its scope to include river rejuvenation, biodiversity conservation, and rural sanitation across the entire Ganga Basin.
2. National River Conservation Plan (NRCP)Extends similar conservation measures to other major rivers such as the Yamuna, Godavari, and Krishna.
3. Project Tiger (1973) and Project Elephant (1992)These flagship wildlife conservation initiatives aim to protect tiger and elephant populations and their habitats. Managed by the National Tiger Conservation Authority (NTCA) and Project Elephant Division, they have established over 50 tiger reserves and 30 elephant reserves nationwide.
4. Green India Mission (2010)Part of the NAPCC, it aims to increase forest and tree cover by five million hectares and improve the quality of another five million hectares.
5. Integrated Development of Wildlife Habitats (IDWH)Supports conservation of endangered species such as snow leopards, great Indian bustards, and rhinos, while promoting eco-tourism and community participation.
6. National Afforestation Programme (NAP)Implements large-scale afforestation and eco-restoration projects, particularly in degraded forest lands through Joint Forest Management (JFM) committees.
7. Swachh Bharat Mission (2014)A flagship initiative for sanitation and solid waste management aimed at improving urban cleanliness, reducing open defecation, and enhancing waste recycling practices.
8. National Coastal Zone Management Programme (NCZMP)Focuses on protecting coastal ecosystems, mangroves, and coral reefs through the Coastal Regulation Zone (CRZ) Notifications issued under the Environment Protection Act, 1986.
9. Integrated Watershed Management Programme (IWMP)Promotes sustainable land and water management in rain-fed areas to prevent soil erosion and enhance agricultural productivity.
10. Compensatory Afforestation Fund Management and Planning Authority (CAMPA)Ensures that whenever forest land is diverted for non-forest purposes, compensatory afforestation and restoration measures are implemented using dedicated funds.

International Commitments and Cooperation

India is an active participant in global environmental conventions, reinforcing its commitment to planetary sustainability. Key engagements include:

• United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement (2015): India pledged to reduce emissions intensity and expand renewable energy capacity.
• Convention on Biological Diversity (CBD, 1992): Promotes biodiversity conservation and equitable sharing of benefits.
• UN Convention to Combat Desertification (UNCCD, 1994): Addresses land degradation and drought.
• Montreal Protocol (1987): India phased out ozone-depleting substances through policy and technological transitions.
• Basel, Rotterdam, and Stockholm Conventions: Regulate hazardous wastes and chemicals.

Emerging Environmental Governance and Sustainable Initiatives

Recent initiatives demonstrate India’s move towards green growth and sustainable development:

• National Green Hydrogen Mission (2023): Promotes clean energy transition.
• LiFE (Lifestyle for Environment) Movement (2022): Encourages sustainable consumption practices.
• Smart Cities Mission: Integrates green infrastructure and pollution control in urban planning.
• Plastic Waste Management Rules (2016, amended 2022): Mandate extended producer responsibility (EPR) and single-use plastic bans.
• E-Waste Management Rules (2016): Ensure recycling and recovery of valuable materials.

India’s evolving environmental framework thus represents a balance between economic aspirations and ecological responsibility. Through strong legislation, policy innovation, and active citizen participation, the nation continues its pursuit of sustainable growth while protecting the integrity of its natural environment for future generations.