Evolution of Environmental Policy and Laws in India

1. Foundational Period (Pre-1970s)

• Indian Forest Act (1927): Consolidated laws on forests, transit of forest produce, and timber duties.
• Insecticides Act (1968): Regulated the import, manufacture, and use of insecticides to protect humans and animals.

2. The 1970s: Emergence of Core Legislation

• Wildlife Protection Act (WPA), 1972:
  • Provided comprehensive protection for wild animals, birds, and plants.
  • Established institutions:
    • National Board for Wildlife (chaired by the PM)
    • Central Zoo Authority
    • National Tiger Conservation Authority
• Project Tiger (1973): Launched to counter declining tiger populations (now 75% of global wild tigers).
• Water (Prevention & Control of Pollution) Act (1974): Maintained water quality and controlled pollution.
• Water Cess Act (1977): Levied charges on industrial water use to fund pollution control.

3. The 1980s: Integrated and Precautionary Approach

• Forest Conservation Act (1980):
  • Centralized approval for diversion of forest land for non-forest purposes.
  • Challenges: Compensatory afforestation was often ecologically inadequate; the top-down approach ignored tribal rights.
• Air (Prevention & Control of Pollution) Act (1981): Regulated air pollution.
• Environment Protection Act (1986):
  • Enacted after the Bhopal Gas Tragedy.
  • Strengthened state regulatory powers, introduced EIA, and emphasized public responsibility.

4. The 1990s: Judicial Activism and Legal Innovations

• National Environment Tribunal Act (1995): Established a liability regime for accidents involving hazardous substances.
• Key Doctrines Applied by Judiciary:
  • Polluter Pays Principle
  • Precautionary Principle
  • Public Trust Doctrine
• Example: Supreme Court interventions (e.g., Delhi’s CNG transition for public transport).

5. The 2000s: Broadening Scope and Participatory Mechanisms

• Noise Pollution Rules (2000)
• Ozone Depleting Substances Rules
• Biological Diversity Act (2002): Aligned with the Convention on Biological Diversity.
• Energy Conservation Act (2001)
• Forest Rights Act (2006):
  • Recognized the rights of forest-dwelling communities.
  • Addressed historical injustices.
• MGNREGA (2005): Linked rural employment with ecological regeneration (e.g., watershed development).

6. The 2010s: Institutionalization and Waste Management

• National Green Tribunal (NGT), 2010:
  • A specialized judicial body for environmental disputes.
  • Expedited case resolution.
• Landmark Cases:
  • Almitra Patel vs. Union of India (2016): Led to Solid Waste Management Rules.
  • POSCO steel plant case (2013): Revoked clearance due to inadequate public hearings.
  • Art of Living case (2017): Penalized for damage to Yamuna floodplains.
• Waste Management Rules (2016):
  • Covered solid, plastic, e-waste, biomedical, hazardous, and construction waste.
  • Introduced Extended Producer Responsibility (EPR), source segregation, and decentralized management.

7. The 2020s: Contemporary Developments

• Bharat Stage VI Emission Norms: Stricter vehicle pollution controls.
• Dam Safety Act: Improved dam surveillance and maintenance.
• Amended Forest Conservation Rules: Revised forest diversion procedures.
• Supreme Court (2024): Recognized climate change as a fundamental rights issue.

Key Themes in India’s Environmental Law Evolution

• From Reactive to Proactive: Crisis-driven → comprehensive, preventive governance.
• From Centralized to Decentralized: Top-down regulation → participatory, rights-based approaches.
• From Sector-Specific to Integrated: Isolated laws → holistic frameworks (e.g., waste management rules).
• Judicial Role: PILs and the NGT enhanced enforcement and accessibility.

Exam Tip

Focus on the chronology and key milestones of India’s environmental laws (e.g., EPA 1986, FRA 2006, NGT 2010). Understand the role of the judiciary (doctrines, PILs) and institutions (NGT, National Board for Wildlife). Be prepared to discuss how laws evolved from reactive measures to proactive, rights-based frameworks. Use examples like the CNG case or waste management rules to illustrate enforcement challenges and innovations.