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Mar 4, 2022
What laws protect the environment in India?
The Kerala High Court has refused to grant bail to the accused in a massive illegal tree felling and rosewood smuggling case in the State. In this context, let us look at some important environmental laws in India.
Environment Protection Act, 1986
This law provides for the protection and improvement of the environment. Under this law, the Central government has the power to take all necessary steps to prevent and control environmental pollution. The government can also impose restrictions on industrial operations in certain areas. If permitted, industries may have to put in certain safeguards while carrying out industrial activities in an area.
Wild Life (Protection) Act, 1972
This law provides for the protection of wild animals, birds, and plants. Under the Wildlife Protection law, people are not allowed to destroy, exploit, or remove any wild life (including forest produce) from a national park or sanctuary.
Without official permission, no person can destroy, damage or divert the habitat of any wild animal or affect the flow of water into or outside the national park/sanctuary. To do any of these activities, the person should first get a permit from the Chief Wildlife Warden. The Warden will grant the permit only if the State government is convinced that the removal of wildlife or the change in water flow is necessary for the improvement and better management of wildlife.
This law governs the law relating to forests and forest produce. Under this Act, State governments have the power to declare any forest-land or waste-land as a ‘reserved forest’, if that land is the property of the government. In a ‘reserved forest’, no right can be acquired over that forest land without the permission of the government, or a person to whom the government has granted a specific right in the forest.
Powers and duties with regard to the environment
The Seventh Schedule of the Constitution of India, 1950 divides responsibilities between the Central and State governments with respect to various subjects. ‘Environment’ is not specifically listed as a subject in the Schedule. However, forests, and the protection of wild animals and birds falls under the Concurrent List, which means that both Central and State governments have the power to govern these areas.