40
For abatement of pollution, the Policy envisages nine methods. They are (i) assistance for adoption of cleaner technologies, (ii) setting up standards, (iii) fiscal measures, (iv) integration, (v) environmental audit, (vi) environmental statistics, (vii)
public partnership, (viii) environmental awareness, education, and information and
(ix) capacity building.
2.8.2 Environmental Legislation
India is the first country to provide constitutional protection to environment following the Stockholm Declaration in the United Nations Conference on Human
Environment in 1972. In 1976, following the Stockholm Declaration, the 42nd
Constitution Amendment Act was passed providing for protection and improvement
of environment under Article 48A under Directive Principles of the State Policy and
Article 51-A(g) under Fundamental Duties of Citizens. The State’s responsibility
for environmental protection has been laid down under Article 48-A which reads as
‘The State shall endeavour to protect and improve the environment and to safeguard
the forests and wildlife of the country’. The fundamental duty of every citizen of
this country as laid down under Article 51-A(g) which reads as ‘It shall be the duty
of every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wild life and to have compassion for living creatures’.
Although environmental protection is not provided under Fundamental Rights in
India, the scope of the fundamental right ‘Right to Life’ under Article 21 which
states that ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’ has been expanded by higher judiciary to
include the ‘right to clean and pollution free environment’.
India also has international obligations to environmental protection. India is a
contracting party or signatories to numerous international treaties and agreements
relating to environmental issues and is under an obligation to translate them into the
stream of national law as per Article 51(c), Article 253 and Entries no. 13 and 14 of
the Union List. Therefore, the Parliament can pass any law on environment protection and the same cannot be questioned before the Courts on the ground that the
Parliament lacked legislative competence.
India is member of almost all major Multilateral Environmental Agreements
(MEAs), under four clusters, namely (i) nature conservation, (ii) hazardous material, (iii) atmospheric emissions, and (iv) marine environment. There are over 500
active agreements to which India is signatory. The 20 major multilateral global
MEAs, to which India is a signatory, are.
(i) Nature conservation
1. Ramsar Convention on Wetlands
2. CITES (Convention on International Trade in Endangered Species of
Fauna and Flora)
3. TRAFFIC (The Wildlife Trade Monitoring Network)
P. K. Sikdar and S. Basu
For abatement of pollution, the Policy envisages nine methods. They are (i) assistance for adoption of cleaner technologies, (ii) setting up standards, (iii) fiscal measures, (iv) integration, (v) environmental audit, (vi) environmental statistics, (vii)
public partnership, (viii) environmental awareness, education, and information and
(ix) capacity building.
2.8.2 Environmental Legislation
India is the first country to provide constitutional protection to environment following the Stockholm Declaration in the United Nations Conference on Human
Environment in 1972. In 1976, following the Stockholm Declaration, the 42nd
Constitution Amendment Act was passed providing for protection and improvement
of environment under Article 48A under Directive Principles of the State Policy and
Article 51-A(g) under Fundamental Duties of Citizens. The State’s responsibility
for environmental protection has been laid down under Article 48-A which reads as
‘The State shall endeavour to protect and improve the environment and to safeguard
the forests and wildlife of the country’. The fundamental duty of every citizen of
this country as laid down under Article 51-A(g) which reads as ‘It shall be the duty
of every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wild life and to have compassion for living creatures’.
Although environmental protection is not provided under Fundamental Rights in
India, the scope of the fundamental right ‘Right to Life’ under Article 21 which
states that ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’ has been expanded by higher judiciary to
include the ‘right to clean and pollution free environment’.
India also has international obligations to environmental protection. India is a
contracting party or signatories to numerous international treaties and agreements
relating to environmental issues and is under an obligation to translate them into the
stream of national law as per Article 51(c), Article 253 and Entries no. 13 and 14 of
the Union List. Therefore, the Parliament can pass any law on environment protection and the same cannot be questioned before the Courts on the ground that the
Parliament lacked legislative competence.
India is member of almost all major Multilateral Environmental Agreements
(MEAs), under four clusters, namely (i) nature conservation, (ii) hazardous material, (iii) atmospheric emissions, and (iv) marine environment. There are over 500
active agreements to which India is signatory. The 20 major multilateral global
MEAs, to which India is a signatory, are.
(i) Nature conservation
1. Ramsar Convention on Wetlands
2. CITES (Convention on International Trade in Endangered Species of
Fauna and Flora)
3. TRAFFIC (The Wildlife Trade Monitoring Network)
P. K. Sikdar and S. Basu