Evolution of environmental law and policy in India: a critical overview

Abstract

The growing levels of industrialization, urbanization and environmental degradation have resulted in the fact that environmental protection has become one of the most important legal and policy challenges in contemporary India. The development of the Indian environmental law and policy can be seen as one of those changes that have been getting gradually transformed into ecological ethics to a legal and institutional framework oriented on the concept of sustainable development. Traditionally, the Indian civilization valued the role and balance of nature, which were manifested in ancient literature and social life where natural resources of land, water, air, and forest were sacred and vital to the existence of a man. The notion of environmental protection was exercised in the form of moral and religious obligations with overlay on the balance between human and nature. The contemporary history of environmental law in India however gained momentum in the second half of the twentieth century especially following the United Nations Conference on the human environment in Stockholm in 1972 as far as the international importance of environmental protection was raised and the linkage between development and environmental conservation was made. This foreign program affected India to have a more systematic approach to the law and policy of managing the environment. The environmental governance in India was influenced by a number of international conventions, declarations and agreements over the times like the Rio conference (1992), Kyoto Protocol (1997), and other global environmental efforts that promoted the incorporation of sustainable development principles into the national policies. On the national level, India has formulated a well-thought policy framework to resolve the environmental problems on both legislative and institutional levels and policy decisions. The National Forest Policy (1988), Policy Statement on Abatement of Pollution (1992), National Conservation Strategy and Policy Statement on Environment and Development (1992) and the National Environment Policy (2006) are important policy instruments. These policies are targeted to protect the environment, to reduce pollution and to maintain the sustainable management of the natural resources and economic development along with preservation of the environment. The National Environment Policy, 2006 specifically is a major stride in mainstreaming the environment issue in all developmental undertaking and enhancing the regulation reform and governance structures. The environmental legal system of India is also enhanced by the provisions of the constitution that places responsibilities on both the state and the citizens to preserve and even enhance the environment like Articles 48A and 51A(g). There are also pioneering legislations such as the Environment (Protection) Act, 1986; Water (Prevention and Control of Pollution) Act, 1974; and Air (Prevention and Control of Pollution) Act, 1981, which are the center of the environmental regulatory regime in India. These laws and judicial activism and litigation on public interest have played a larger role in the implementation of environmental rights and the establishment of the right to clean and healthy environment as a fundamental right to life as provided by Article 21 of the Constitution. Although these have happened, there are still a number of issues that remain in the successful enforcement of environmental laws and policies. The problem of rapid industrialization, population increase, urban pollution and poor enforcement mechanisms remain a threat towards environmental sustainability. Thus, a critical analysis of environmental law and policy framework in India indicates that there should be better institutional coordination, involvement of the people, and enforcement of stricter regulations to attain sustainable development. To sum up, the development of environmental law and policy in India is a dynamic process that is predetermined by the historical traditions, the global environmental movements, constitutional requirements, and the national policy practices. An integrated and broad approach that will ensure ecological conservation and social-economic development is still the key point in overcoming the modern environmental issues and providing environmental justice that will be an inseparable part of the current and future generations.