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Summary
Over the last fifty years, many laws have been made to protect the environment. These laws exist at local, national and international levels. At first, these laws were made mainly to protect people from pollution and other dangers. Now, the laws are also made to protect nature itself—animals, plants, rivers, forests and even non-living things. Some lawyers now work to defend nature from harm caused by people.
Laws for the environment help protect the rights of humans and other living beings. If people did not damage the environment, there would be no need for such laws. But damage continues, so legal steps are needed.
At the international level, many countries have signed agreements to protect nature. These agreements are only useful if countries follow them. But many countries do not. Even when the agreements are legally binding, they are hard to enforce. Many global treaties are not followed properly.
One big event for environmental laws was the Earth Summit in Rio de Janeiro in June 1992. Over 175 countries took part. Some of the most important documents created there were the Climate Treaty, Biodiversity Treaty, Forest Agreement, Rio Declaration and Agenda 21.
In India, the government started working on environmental protection more seriously after 1972. The Department of Environment was set up in 1980. It later became the Ministry of Environment and Forests (MoEF) in 1985. This ministry makes plans, rules and policies for environmental care. In 1993, India made its first National Environmental Plan. In 2004, it prepared a new draft policy.
India has several key environmental laws. The Environment Protection Act of 1986 gives the central government the power to act against pollution and to set rules. The Air Act of 1981 deals with air pollution. The Water Act of 1974 deals with keeping water clean. The Forest Conservation Act of 1980 protects forests and limits cutting of trees. The Wildlife Protection Act of 1972 protects animals, plants and their homes.
Other rules control hazardous waste, the use of genetic engineering, and help victims of accidents involving harmful substances. Still, many of these laws are not followed well. Government agencies are often slow and do not act strictly. Courts have started stepping in, forcing governments to act, and helping protect nature from further harm.
Textbook solutions
Short Answer Questions
1. How has there come about a need for legal provisions for environmental management?
Answer: In the last five decades, society has taken to several legal provisions to protect the environment because human beings exploit and abuse the environment; if they did not, then environmental legislations would not be necessary at all. Initially, the main motivating factors behind most of such acts was the protection of human beings from environmental hazards, but now certain other aspects of the environment are being seen as having legal standing and legal rights, with more and more environmental advocates and their attorneys defending the environment from assault and injury by human beings.
2. How can environmental laws be justified?
Answer: In a general manner, environmental legislation can be justified as simply protecting the fundamental rights of human beings as well as other organisms and even non-living things and, of course, Planet Earth itself.
3. What was the UNCED?
Answer: UNCED stands for the United Nations Conference on Environment and Development. It is popularly known as the Earth Summit, which was held in Rio de Janeiro in June 1992, and is generally considered to be the largest summit ever held on any topic, with delegates from more than 175 countries, including more than 100 heads of state, attending. Some of the most important soft legal instruments of recent years emerged from this conference.
4. What is MoEF?
Answer: MoEF stands for the Ministry of Environment and Forests. In 1980, the Union Government of India set up the Department of Environment, which became the Ministry of Environment and Forests (MoEF) in 1985. The Ministry initiates and oversees the implementation of environmental policies, plans, laws, and regulations.
5. Why are courts needed to implement environmental laws?
Answer: Courts are needed to implement environmental laws because many laws for protecting and preserving the environment in India are not implemented correctly or sometimes not acted upon at all. As the Government fails to implement the laws properly, the courts of law start playing a major role. Courts have started playing the role of policy makers, administrators, educators, and caretakers of the environment. Courts have also started forcing the State Governments to act against pollution and degradation of the environment.
Long Answer Questions
1. Write about environmental legal provisions at international level.
Answer: At the international level, legal provisions for environmental management include various legal instruments which are binding and enforceable to varying degrees. All these instruments are dependent on independent and autonomous governments becoming signatories and pledging their support. Unluckily, many global treaties and agreements have received very little global support. Even when technically binding on participating countries, they are very difficult to enforce.
The last few decades of the twentieth century have seen great strides in international cooperation for protecting and preserving the environment. Conventions and agreements have been established for:
- protection of areas of outstanding natural or cultural value,
- restrictions on trade in endangered species,
- protection of migratory species,
- a legal framework for the use of the oceans and their resources, outlining areas which fall under national jurisdictions;
- and the prevention of marine pollution.
Some of the most important soft legal instruments of recent years emerged from the United Nations Conference on Environment and Development (UNCED), popularly known as the Earth Summit, held in Rio de Janeiro in June 1992. The treaties and declarations formulated at the Earth summit include:
- Climate Treaty (United Nations Framework Convention on Climate Change)
- Biodiversity Treaty (United Nations Convention on Biological Diversity)
- Forest Agreement (Statement of Agreement on Forest Principles)
- Rio Declaration,
- Agenda 21.
Negotiating international environmental treaties and other legal instruments is an important step.
2. Discuss the legal instruments and their enforcement and problems in implementing them.
Answer: International environmental legal instruments are binding and enforceable to varying degrees, and all are dependent on independent and autonomous governments becoming signatories and pledging their support. A significant problem in implementing them is that, unluckily, many global treaties and agreements have received very little global support. Even when technically binding on participating countries, they are very difficult to enforce.
Another problem is that, as some critics claim, nearly 170 environmental treaties currently made are not of any value as they are not enforced. Many treaties need the signatory countries to provide self-reports on their progress, which can be a challenge for effective oversight and enforcement. The difficulty in enforcement means that despite the existence of these instruments, achieving their environmental protection goals can be problematic.
3. What happened during Earth Summit in June 1992?
Answer: The United Nations Conference on Environment and Development (UNCED), popularly known as the Earth Summit, was held in Rio de Janeiro in June 1992. It is generally considered to be the largest summit ever held on any topic, with delegates from more than 175 countries, including more than 100 heads of state, in attendance. During the Earth Summit, the following treaties and declarations were formulated:
- Climate Treaty (United Nations Framework Convention on Climate Change)
- Biodiversity Treaty (United Nations Convention on Biological Diversity)
- Forest Agreement (Statement of Agreement on Forest Principles)
- Rio Declaration,
- Agenda 21.
Some of the most important soft legal instruments of recent years emerged from this summit.
4. Discuss in detail any three important environmental laws of India.
Answer: Three important environmental laws of India are:
(i) Environment (Protection) Act of 1986: This Act defines terms such as environment, environmental pollutant, and hazardous substance. According to the Act, the Central Government has the power to take measures to protect and improve the environment. It can also give directions (for example, to close, prohibit, or regulate any industry, operation, or process) and make rules to regulate environmental pollution (air and water quality standards, prohibiting or restricting the handling of hazardous materials, siting of industry, etc.).
(ii) Air (Prevention and Control of Pollution) Act of 1981: The objective of this Act is to provide for the prevention, control, and abatement of air pollution. In this Act, air pollution is defined as the presence in the atmosphere of any solid, liquid, or gaseous substance (including noise) in such concentrations as may be injurious to human beings, other organisms, property, or the environment.
(iii) Water (Prevention and Control of Pollution) Act 1974: The objectives of this Act are to prevent and control water pollution and the maintenance or restoration of the wholesomeness of water. The Act defines water pollution as the contamination of water, alteration of its physical, chemical or biological properties, or the discharge of any sewage or trade effluent of any other liquid, gaseous or solid substance into water, which may render such water harmful to public health, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of organisms.
5. What is known about enforcement of environmental legislations in India?
Answer: Regarding the enforcement of environmental legislations in India, it is known that there are many laws for protecting and preserving the environment, but these laws are not implemented correctly or sometimes not acted upon at all. Government agencies have a lot of power to regulate but they are slow and hesitate to use their powers to discipline the polluters. The State Assemblies and Parliament are ready to pass environmental laws but they do not give funds to aid in their implementation. They do not even demand that the Governments enforce the laws in a strict manner.
As the Government fails to implement the laws properly, the courts of law start playing a major role. Courts have started playing the role of policy makers, administrators, educators and caretakers of the environment. Courts have also started forcing the State Governments to act against pollution and degradation of the environment.
Think and Answer
Q. Suggest ways in which the environmental legislations can be enforced and implemented successfully at national and international levels.
Answer: To ensure environmental legislations are enforced and implemented successfully at national and international levels, several ways can be suggested:
At the international level:
- Strengthened Commitment and Support: For international environmental legal instruments to be effective, it is crucial that independent and autonomous governments not only become signatories but also genuinely pledge their support. Currently, many global treaties and agreements have received very little global support, which hampers their success.
- Enhanced Enforceability: Given that international laws, even when technically binding on participating countries, are often very difficult to enforce, mechanisms to improve their enforceability must be developed and strengthened.
- Ensuring Value through Action: Many international environmental treaties need to be properly enforced to be of any value. While many treaties require signatory countries to provide self-reports on their progress, this should be complemented by robust enforcement measures to ensure accountability and effectiveness.
At the national level:
- Correct and Consistent Implementation: It is essential that environmental laws are not only enacted but are also implemented correctly and consistently, ensuring they are acted upon effectively.
- Proactive Regulatory Action: Government agencies, which often have a lot of power to regulate, should be encouraged to be less slow and hesitant in using their powers to discipline polluters.
- Legislative Support for Implementation: State Assemblies and Parliament should not only be ready to pass environmental laws but must also provide adequate funds to aid in their implementation. Furthermore, they should demand that Governments enforce these laws in a strict manner.
- Incorporation of Effective Provisions: The inclusion of provisions in laws, such as those for public hearing, citizens’ right to information, deadlines for technology changes, workers’ participation, and penalties on the highest management of companies for non-compliance, can significantly contribute to successful implementation and enforcement.
- Active Role of the Judiciary: When the Government fails to implement environmental laws properly, the courts of law should continue playing a major role. This includes courts taking on the role of policy makers, administrators, educators, and caretakers of the environment, and compelling State Governments to act against pollution and the degradation of the environment.
Project Work & Activity
Use magazines, books and Internet to make a list of five law-making bodies that make environmental laws at International level.
Answer: Do it yourself. Here are the instructions:
- First, understand what you need to find. You are looking for five groups or organizations that create environmental rules or laws that many different countries around the world follow. These are “international” bodies.
- Next, think about where to find this information. The project says you can use:
- Magazines (like science or current news ones)
- Books (maybe your environmental science textbook or books from the library about the environment or world organizations)
- The Internet (using search engines like Google)
- If you’re using the Internet, try typing these search phrases into Google:
- “who makes international environmental laws”
- “international organizations for environmental rules”
- “global environmental law making bodies”
- When you look at websites, try to use ones that seem official, like websites of big world organizations, news sites, or educational sites.
- If you’re using books or magazines, look in the index or table of contents for words like “international environment,” “global treaties,” “United Nations environment,” or names of big world meetings about the planet.
- As you search, look for names of organizations that sound like they work with many countries. They might have words like “United Nations,” “International,” “World,” or “Global” in their names.
- These organizations often create things called “treaties,” “conventions,” or “agreements.” These are like international laws. The groups that make these are what you’re looking for.
- For each organization you find, write down its full name.
- Try to find at least five different organizations.
- Once you have your list of five, make sure they are really international and that they are involved in making environmental laws or rules for countries.
Extras
Additional Questions and Answers
1. What does EIA stand for?
Answer: EIA stands for Environmental Impact Assessment.
39. Discuss the creation, role and significance of the National Environment Appellate Authority and the National Environmental Tribunal.
Answer: The National Environment Appellate Authority was created by the National Environment Appellate Authority Act of 1997. Its role was to hear appeals with respect to the restriction of areas in which classes of industries, etc. are carried out subject to certain safeguards under the Environment (Protection) Act. Its significance lies in providing this appellate mechanism.
The National Environmental Tribunal was created by the National Environmental Tribunal Act of 1995. Its role was to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances. Its significance lies in its purpose of providing such compensation.
Additional MCQs (Knowledge Based)
1. What does EIA stand for?
A. Environmental Inspection Authority
B. Environmental Impact Assessment
C. Environmental Information Act
D. Environmental Implementation Agency
Answer: B. Environmental Impact Assessment
63. Which Earth Summit instrument is a declaration rather than a binding treaty?
A. Biodiversity Treaty
B. Climate Treaty
C. Agenda 21
D. Rio Declaration
Answer: D. Rio Declaration
Additional MCQs (Competency Based)
1. Assertion (A): The initial impetus for enacting most environmental laws was the safeguarding of human populations from ecological dangers.
Reason (R): Contemporary environmental legal efforts increasingly champion the rights of the environment itself, including inanimate components, against human-induced damage.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R does not explain A.
(c) A is true but R is false.
(d) A is false but R is true.
Answer: (b) Both A and R are true but R does not explain A.
44. Which of the following conventions and agreements have been established under international environmental law?
i. Protection of areas of outstanding natural or cultural value.
ii. Promotion of unrestricted trade in all animal species.
iii. A legal framework for the use of the oceans and their resources.
iv. Encouragement of marine pollution to stimulate certain aquatic ecosystems.
Options:
A. i and iii
B. ii and iv
C. i, ii, and iii
D. i and iv
Answer: A. i and iii
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