Wastes (Management and Handling) Amendment Rules, 2003 (Malik and Malik 2015)
2.13 The Legal and Regulatory Framework for Environmental Protection in India
2.13.1 Introduction
Over the years, together with a spreading of environmental consciousness, there has been a change in the traditionally held perception that there is a trade‐off between environmental quality and economic growth as people have come to believe that the two are necessarily complementary. The current focus on environment is not new environmental considerations have been an integral part of the Indian culture. The need for conservation and sustainable use of natural resources has been expressed in Indian scriptures, more than 3000 years old and is reflected in the constitutional, legislative, and policy framework as also in the international commitments of the country.
Even before India's independence in 1947, several environmental legislations existed but the real impetus for bringing about a well‐developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in 1972. This Council later evolved into a full‐fledged Ministry of Environment and Forests (MOEF) in 1985 which today is the apex administrative body in India for regulating and ensuring environmental protection. After the Stockholm Conference, in 1976, constitutional sanction was given to environmental concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties.
Since the 1970s an extensive network of environmental legislation has grown in the country. The MOEF and the pollution control boards (i.e. CPCB and SPCBs) together form the regulatory and administrative core of the sector.
A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MOEF in 1992, to develop and promote initiatives for the protection and improvement of the environment. The Environmental Action Program (EAP) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations in to development programs.
Other measures have also been taken by the government to protect and preserve the environment. Several sector‐specific policies have evolved, which are discussed at length in the concerned sections. This attempts to highlight only legislative initiatives toward the protection of the environment.
2.13.2 Legislation for Environmental Protection in India
2.13.2.1 Water
Water quality standards especially those for drinking water are set by the Indian Council of Medical Research. These bear close resemblance to WHO standards. The discharge of industrial effluents is regulated by the Indian Standard Codes, and recently water quality standards for coastal water marine outfalls have also been specified. In addition to the general standards, certain specific standards have been developed for effluent discharges from industries, such as iron and steel, aluminum, pulp and paper, oil refineries, petrochemicals, and thermal power plants. Legislation to control water pollution is listed below:
Water (Prevention and Control of Pollution) Act, 1974This Act represented India's first attempts to comprehensively deal with environmental issues. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for noncompliance. The Act was amended in 1988 to conform closely to the provisions of the USEPA in 1986. It set up the CPCB which lays down standards for the prevention and control of water pollution. At the State level, the SPCBs function under the direction of the CPCB and the state government.
Water (Prevention and Control of Pollution) Cess Act, 1977This Act provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. Following this Act, The Water (Prevention and Control of Pollution) Cess Rules were formulated in 1978 for defining standards and indications for the kind of and location of meters that every consumer of water is required to install.
2.13.2.2 Air
Air (Prevention and Control of Pollution) Act, 1981To counter the problems associated with air pollution, ambient air quality standards were established under the 1981 Act. The Act provides means for the control and abatement of air pollution. The Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances as well as by regulating appliances that give rise to air pollution. Under the Act, establishing or operating of any industrial plant in the pollution control area requires consent from state boards. The boards are also expected to test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes.
National Ambient Air Quality Standards (NAAQS) for major pollutants were notified by the CPCB in April 1994. These are deemed to be levels of air quality necessary with an adequate margin of safety, to protect public health, vegetation, and property (CPCB 1995 cited in Gupta 1999). The NAAQS prescribe specific standards for industrial, residential, rural, and other sensitive areas. Industry‐specific emission standards have also been developed for iron and steel plants, cement plants, fertilizer plants, oil refineries, and the aluminum industry. The ambient quality standards prescribed in India are similar to those prevailing in many developed and developing countries.
To empower the central and state pollution boards to meet grave emergencies, the Air (Prevention and Control of Pollution) Amendment Act, 1987, was enacted. The boards were authorized to take immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The power to cancel consent for nonfulfillment of the conditions prescribed has also been emphasized in the Air Act Amendment.
The Air (Prevention and Control of Pollution) Rules formulated in 1982 defined the procedures for conducting meetings of the boards, the powers of the presiding officers, decision making, the quorum, manner in which the records of the meeting were to be set, etc. They also prescribed the manner and the purpose of seeking assistance from specialists and the fee to be paid to them.
Complementing the above acts is the Atomic Energy Act of 1982, which was introduced to deal with radioactive waste. In 1988, the Motor Vehicles Act was enacted to regulate vehicular traffic, besides ensuring proper packaging, labeling, and transportation of the hazardous wastes. Various aspects of vehicular pollution have also been notified under the USEPA of 1986. Mass emission standards were notified in 1990, which were made more stringent in 1996. In 2000 these standards were revised yet again and for the first time separate obligations for vehicle owners, manufacturers, and enforcing agencies were stipulated. In addition, fairly stringent Euro I and II emission norms were notified by the Supreme Court on 29 April 1999 for the city of Delhi. The notification made it mandatory for car manufacturers to conform to the Euro I and Euro II norms by May 1999 and April 2000, respectively, for new noncommercial vehicle sold in Delhi.
2.13.2.3 Forests and Wildlife
The Wildlife (Protection) Act, 1972, Amendment 1991The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park, or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas.
