advisory board under the legislation.
19 Project tiger and project elephant are one of
the main features of this legislation. The law provides for creation of protected areas
for protection of wild life and also provides for punishment for hunting of specified
fauna. Wildlife Crime Control Bureau has been established for control of illegal
trade in wildlife, including endangered species. Apart from this, Central Bureau of
Investigation (CBI) has been empowered under the Act, to apprehend and prosecute
wildlife offenders. The major amendment to the law has been in 2002 where
stringent punishment has been imposed for violation of the law.
4.3 Environment Protection Act, 1986
The paradigm shift and the efforts of the legislature and executives efforts have been
notable over the past two decades towards including the Principles of
Environmental Protection in the Legal Jurisprudence in India, most notably the 46th
Amendment to the Constitution of India in 1976 laid down Environmental
Protection as a part of the Constitutional Mandate and the enactment of the
Environment Protection Act of 1986.
20 The Act was drafted to regulate the social
relations with regard to and protection of the environment for the present and future
generations and protection of human health. According to Rawls, “The destruction
of a whole species can be a great evil”.
21 Destroying species is like tearing pages
out of an unread book, written in a language humans hardly know how to read,
about the place where they live.
22
The salient features of the Act is to confer powers on the Central Government to
take all necessary measures for protecting quality of environment, co-ordinate
actions of States, officers and other authorities under this Act, Plan and execute a
nationwide programme for prevention, control and abatement of environmental
pollution and protection of environment in toto. The objects of the Act are providing protection and improve the environment. It empowers the Central
Government to establish authorities [under section 3(3)] charged with the mandate
of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was
last amended in 1991.
19
Section 6 of the Wildlife Act, 1972.
20
Act No. 29 of 1986.
21
John Rawls, ‘A Theory of Justice’, Harvard University Press, U.S., 1971, p. 512.
22
Holmes Rolston Ill, ‘Duties to Endangered Species’, BioScience, vol. 35, p. 718.
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S.V. Nadagoudar
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