No person carrying on any industry, operation or
process shall discharge or emit or permit to be discharged or emitted any
environmental pollutant in excess of such standards as may be prescribed. • No
person shall handle or cause to be handled any hazardous substance except in
accordance with such procedure and after complying with such safe guards as may
be prescribed. • Where the discharge of any environmental pollutant in excess
of the prescribed standards occurs or is apprehended to occur due to any
accident or other unforeseen act or event, the person responsible for such
discharge and the person in charge of the place at which the discharge occurs
shall be bound to prevent or mitigate the environmental pollution and shall
also (a) intimate the fact of such occurrence or apprehension of such
occurrence; and (b) be bound, if called upon, to render all assistance. • On
receipt of such information, the authorities or agencies shall cause such
remedial measures to be taken as are necessary to prevent or mitigate the
environmental pollution. The expenses incurred by any authority or agency may
be recovered from the person concerned as arrears of land revenue or of public
demand. COGNIZANCE OF OFFENCES & BAR OF JURISDICTION OF CIVIL COURTS • No
court shall take cognizance of any offence under this Act except on a complaint
made by (a) the central Government or any authority or officer authorised in
this behalf by that Government; or (b) any person who has given notice of not
less that 60 days, of the alleged offence and his intention to make a complaint,
to the Central Government or the authority or officer authorised. • No civil
court shall have jurisdiction to entertain any suit or proceeding in respect of
anything done, action taken or order or direction issued by the Central
Government or any other authority or officer in pursuance of the Act.
Environmental laws In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.
The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989.
Following is a list of the environmental legislations that have come into effect:
GeneralForest
and wildlifeWaterAirGeneral
1986 - The Environment (Protection) Act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.
1986 - The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.
1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste.
1989 - The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities.
1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and microorganisms.
1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance.
1995 - The National Environmental Tribunal Act has been created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.
1997 - The National Environment Appellate Authority Act has been created to hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the EPA.
1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment.
1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects.
2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes.
2000 - The Ozone Depleting Substances (Regulation and Control) Rules have been laid down for the regulation of production and consumption of ozone depleting substances.
2001 - The Batteries (Management and Handling) Rules, 2001 rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components so as to regulate and ensure the environmentally safe disposal of used batteries.
2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down
such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or religious festive occasion
2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge associated with it
Forest and wildlife
1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce’.
1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them.
1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the forests.
Water
1882 - The Easement Act allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property.
1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill.
1956 - The River Boards Act enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-state cooperation.
1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.
1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies.
The CPCB (Central Pollution Control Board) was constituted under this act.
1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on water consuming industries and local authorities.
1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix.
1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.
Air
1948 – The Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes.
1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB .
1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them.
1982 - The Atomic Energy Act deals with the radioactive waste.
1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution.
1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported.
Poems
Read poems on nature and environment;
and don't miss the ones
submitted by students of your age. Share
with us your poem as well, if it is about nature and
environment.
"Search
where you may,You will not find a land
As beautiful as this,
She is the queen of all lands,
This land of my birth,
My motherland."
Dwijendra Lal Roy
"The world is finite, resources are scarce,
Things are bad and will be worse,
Coal is burned and gas exploded,
Forests out and soil eroded,
Wells are dry and air polluted,
Dust is blowing, trees are uprooted,
Oil is going, ores depleted,
Drains receive what is excreted,
Land is sinking, seas are rising,
Man is far too enterprising,
Fires will rage with man to fan it,
Soon we will have a plundered planet."
K. E Boulding
"God is the light of the heaven and the earth;
the likeness of his Light is as a niche
wherein is a lamp kindled from a blessed tree,
An olive that is neither of the east nor the west,
Whose well nigh would shine even if no fire touched it;
Light upon Light."
Quran 24:35
The
FutureWhat does the future hold for us?
Smog filled skies and poison cars,
And broken land with useless dust
And nature’s beauty behind bars.
Can I ever show my children,
(If they ever come my way)
The beauty of a sunset
At the ending of the day?
Can I walk into a forest,
And surround myself with trees,
Yet know that it will remain,
For me to visit as I please.
I know that I can today
Do all the things I’ve said,
But when today is yesterday,
Will all these things be dead?
This problem is enormous
As we gradually take heed,
So we must fix it quickly,
Using words and thoughts and deeds."
From the Pachamama
"The leaky tap drips day and night
Just fix it right or shut it tight,
It seems the earth with water abounds
But thinks its every drop that really counts.
The tap is on you brush your teeth
The water flows, you soap your feet
Just think of all the water lost
To close the tap, what does it cost?
The water bottle you take to school
The water in it is nice and cool
You drink a bit, the rest you throw,
The water could help a plant grow." From CEE - The Green Teacher
"There was a time when meadow, grove and stream,
The earth and every common sight
To me did seem
Apparell’d in celestial light,
The glory and the freshness of a dream.
It is not now as it had been of yore;
Turn whereso’er I may,
By night or day, the things which I have seen I now can see no more."
William Wordsworth
"Only by sharing our deeper thoughts
and feelings do we communicate
to, and inspire in others, a love
And respect for the earth."
Joseph Bharat Cornell
"Plant the mango, plant the tamarind and the plantain:
Clusters of fruit will weigh their boughs.
Plant ten kachner trees for flowers.
In a garden set the tulsi.
But the trees in the forest which depend on god alone,
Never wither and die.
The forest tree grows always."
A Gond folk song
Just yesterday, it seems
the fields were full of grain
Just yesterday, the water
came from heaven
and the earth was not athirsty
and today is nought but rubble
a wilderness of earth
bakedbrown by the relentess desert sun.
Amit Jayaram (The Web of Life)
"Do not be blind to the marvels of Nature,
One draught of Nature’s elixir is better than a dozen doses of any other drink.
Incomparable is the joy that man finds in his world of a thousand wonders
When he lives in communion with Nature.
From Nature unto Nature’s God is the next clear step."
Thus spoke Zarathushtra
"This universe is the creation of Supreme Power meant for the benefit of all;
Individual species must therefore learn to enjoy its benefits by forming a part of the system in close relationship with other species;
let not the other species encroach upon the other’s right."
Translated from the Isavasya Upanishad
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