HISTORY OF ENVIRONMENTAL PROTECTION IN INDIA

The History of the evolution of Law to handle pollution and other environmental problems in
India can be studied under the four periods;
1. In Ancient India
2. In Medieval India
3. During the British period; and
4. The post Independence period.
ENVIRONMENTAL PROTECTION IN ANCEINT INDIA
In the Hindu theology forests, wildlife, trees were held to be in high esteem and given high
respect. A detailed description of trees, plants and wildlife and their importance to people was
given in Vedas, puranas and Upanishads.
The Rig Veda highlighted the potentialities of nature in controlling the climate, increasing
fertility and improvement of human life emphasizing for intimate kinship with nature.
Atharva Veda considered trees as abode of various gods and goddesses.
Yajur Veda emphasized that relationship with nature and animals should not be that of
dominion and subjugation but of mutual respect and kindness.
The Hindu society was conscious of adverse environmental effects caused by deforestation and
extinction of animal species. As the cutting of trees was prohibited during the Vedic period and
there was a penalty for cutting trees under Yajnavalkya Smriti. Many instructions for the use
and maintenance of water were given in Charak Samhita.
There also existed a relationship of mutual respect and kindness between Animals and humans.
Ancient Hindu Scriptures strictly prohibited the killing of birds and animals. In Yajur Veda it is
said that no person should kill animals, but being helpful to all and by serving them, should
obtain happiness.
Environment protection has been an important facet of Hindu way of life, the civilization of
Mohenjodaro, Harappa lived in consonance with its ecosystem, small population and their needs,
maintained the harmony with environment.
The Mauryan period was the most glorious chapter of the Indian History from environmental
protection point of view. It was in this period detailed and perspective legal provisions were
found in Kautilyas Arthashastra. The necessity of forest administration was realized, the
state assumed functions of maintenance of forest, regulation of forest produce and protection
of wild life during the Mauryan reign.

Under Arthashastra various punishments were prescribed for cutting trees, damaging
forests, and for killing animals etc. Wild life in sanctuaries enjoyed complete protection from
being killed except when they turn harmful. There were also punishments prescribed for
causing of pollution and uncivic sanitation.
To sum up ancient India had a philosophy of environmental management enshrined in old
injunctions as they were contained in many scriptures. Abuse and exploitation of nature for
immediate gains was considered unjust, irreligious and against environmental ethics of Hindu
culture.

ENVIRONMENTAL PROTECTION IN MEDIEVIAL INDIA
From the point of view of environment conservation , a significant contribution of Moghul
emperors has been the establishment of magnificent gardens, fruit orchards and green parks
round about their palaces, central and provincial headquarters, public places, on the banks of the
rivers and valleys and dales which they used as holiday resorts or places of retreat or temporary
headquarters during summers.
Among the officials empowered for administration of justice by the Sultans and emperors of
India, Muhtasibs were vested with the duty of prevention of pollution. Though the Moghul
emperors were great lovers of nature they didnt make any attempts to conserve forest. To the
Moghul emperors the forests were just wooded lands where they could hunt, for their governors
they were properties which generated revenue. A few species of trees enjoyed patronage and
were called as royal trees and had a restriction on being cut. However, there was no restriction
in cutting of other trees. In the absence of any protective management, forests shrank during this
period.
The waste and forestlands were treated as open access resources. Untrammeled use of forest and
other natural resources however did not mean that they could be used or misused by one and all
without any restraints. Rather the resources were quite effectively managed with the help of
complex range of rules and regulations woven around the socio cultural and economic activities
of the local communities.

ENVIRONMENTAL PROTECTION DURING THE BRITISH RULE IN INDIA
Early days of British rule in India were days of plunder of natural resources. There was total
indifference to the needs of forest conservancy. They caused a fierce onslaught on Indias
forests; it was due to the increasing demands for military purposes, for British Navy, for local
construction, supply of teak and sandalwood for export trade etc.
The British Government started exercising control over forests in the year 1806 when a
commission was appointed to enquire into the availability of teak in Malabar and
Travancore by way for appointment of Conservator of forests. This move failed as the
conservator plundered the forest wealth instead of conserving it.
The second half of the 19
th
century marked the beginning of an organized forest management
in India with some administrative steps taken to conserve forest; the formulation of forest
policy and legislations to implement the policy decisions. The systematic management of
forest resources started with the appointment of first Inspector General of Forest in 1864.
The task of forest department under the Inspector gen. was that of exploration of resources,
demarcation of reserves, protection of forests etc. The objective of management of forests
thus changed from obtaining timber to protection and improvement of forests.
Forest Act, 1865 was enacted as the 1
st
step of the British govt. to assess the state monopoly
right over the forest. The Act was revised in 1878 and extended to most of the territories under
British rule. It expanded the powers of the state by providing for reserved forest, which was close
to people and by empowering the forest administration to impose penalties for any transgression
of the provision of the Act.
On 19
th
October 1884, the British Govt. declared its first Forest Policy with the following
objectives:
1. Promoting the general well being of the people in the country;
2. Preserving climatic and physical conditions in the country; and
3. Fulfilling the need of the people.
This policy also suggested classification of forest into various categories such as
1. Forests, preservation of which was essential on climatic and physical grounds;
2. Forests which offered a supply of valuable timber for commercial purposes;
3. Minor forests which produced only the inferior sorts of timber; and
4. Pastures which were forests only in name.
To implement the forest policy of 1884, the Forest Act of 1927 was enacted.
Apart from the management of forest resources the British Government also concentrated on
certain other areas like water pollution, air pollution, wildlife and land use by enacting
numerous legislations. Some of the important legislations made by the British Govt. were IPC
(1860), Indian Easement Act (1862) etc. which contained provisions for the regulation of
water pollution and also prescribed punishments for the violation of these legislations.
For controlling Air pollution the British Govt. enacted Bengal Smoke Nuisance Act (1905)
and Bombay Smoke Nuisance Act (1912).
For protection of Wildlife the British Govt. made provisions like The Elephants Preservation
Act (1879), The Wild Birds and Animals Protection (1912) aimed at the conservation of Bio-
diversity.
British Government enacted various provisions for prevention of pollution and for conservation
of natural resources. Though it is pointed out that the British enacted the legislations to earn
revenue and not conserve environment. But then also the legislations can be regarded as the 1
st

step towards conservation of natural resources. Though made with ulterior motives these
legislations have contributed significantly to the growth of environmental jurisprudence in India.



ENVIRONMENTAL PROTECTION DURING THE POST INDEPENDENCE ERA
The post independence era witnessed a lot of changes in the policies and attitudes of the
Governments with respect to environmental protection. The Constitution of India came into force
on 26
th
January 1950, had few provisions regarding environmental management.
Article 39(b) provides that the state shall direct its policy towards securing that the ownership
and control of the material resources of the community are so distributed as best to sub serve the
common good.
Article 47 provides that the State shall regard the rising of the level of nutrition and the standard
of living of its people and the improvement of public health as among its primary duties.
Article 48 direct that the State shall endeavor to organize agriculture and animal husbandry on
modern and scientific lines and take steps for preserving and improving the breeds and
prohibiting the slaughter of cows and calves and other milch and draught cattle.
Article 49 directs that it shall be the obligation of the State to protect every monument or places
or object of artistic or historic interest, declared to be of national importance, from spoliation,
disfigurement, destruction, removal, and disposal or export as the case may be.
From the above articles, one can understand that the COI was not environmentally blind, though
the word environment was not expressly used in the Constitution; the object of the above articles
is to conserve the natural resources and to protect the natural environment.
Van Mahtsava, National Festival of planting trees was adopted in 1950, with an object to create
mass awareness about the value of forests in human well being.
National Forest Policy was formulated for the purpose of proper management of forests of
the country and to maximize the benefits of forests formed in the year 1952.
The Pitambar Pant Committee on Human Environment was set up to prepare a report on the
state of environment for representation at the United Nations Conference on Human
Environment held at Stockholm in 1972.
The year 1972 was a landmark year in the history of Environmental Management in India,
because the Stockholm conference was held in Stockholm. The views expressed in the
conference influenced many policies in India.
In the year 1972 on the recommendation of the Pitambar Pant committee, NCEPC (National
committee on Environmental planning and coordination) was set up in Dept. of Science and
technology to plan and coordinate environmental programs and policies and advise various
ministries in matters relating to environment protection.
In 1972, Wild life (protection) Act was enacted for protection of wild animals, birds and
plants and to prevent the hunting; control trade in wild life products.
In 1973, centrally sponsored scheme Project Tiger was launched to ensure maintenance of
population of tigers in India.
In 1974, the Water (Prevention and Control of Pollution) Act was passed for the purpose of
prevention and control of water and for restoring wholesomeness of water. The Act also
provides for Pollution Control Boards.
In 1976, the COI was amended by the 42
nd
Amendment Act, two new articles were added in
Part IV and part IV- A of the COI. The newly added A-48a directs the State that the State shall
endeavor to protect and improve the environment and to safeguard the forests and wild life of the
country. In the Part IV-A a list of Fundamental duties of citizens of India was prescribed.
In 1980, The Tiwari Committee was formed under the Chairmanship of Deputy Chairman of
the Planning Commission Mr. N.D. Tiwari. The report of this committee suggested a number
of administrative and legal measures for environmental protection. Based on its
recommendations, the Government of India set up a Department of Environment with effect
from November 1, 1980.
In April 1981, National Committee on Environmental Planning was constituted for preparing
annual State of Environment Report. The eighties witnessed the creation of many eco-
specific organisations like: Botanical Survey of India, National Museum of Natural History,
Zoological Survey of India etc.
In 1981, the Air (Prevention and Control of pollution) Act was enacted to provide prevention,
control and abatement of air pollution.
In January 1985, the Department of Environment became part of a new Ministry of
Environment and Forests. It consisted of two departments, viz., the Department of
Environment and the Department of Forests & Wildlife.
In 1986, Environment (Protection) Act was made to empower the Central Government to
take all necessary measures to protect and improve the environment and to prevent
hazards to human beings, other living creatures, plants and property.
In 1987, the Govt. formulated the National Water Policy with the object to develop,
conserve, utilize and manage the water resource as the water resource is scarce and
precious and utmost national importance.
In 1988, the National Forest Policy was formulated with the aim of ensuring environmental
stability and maintenance of ecological balance.
In the year 1991-92, The Project Elephant was launched aiming at ensuring long term
survival of identified viable population of elephants and tackling problematic elephant
populations causing serious depredation.
In 1995, the National Environment Tribunal Act was enacted to provide for strict liability for
damages arising out of any accidents occurring while handling any hazardous substance.


In 2000, the Central Government by virtue of powers conferred on it by the Environment
(Protection) Act, 1986 made the following rules;
1. The Noise Pollution (Regulation and Control) Rules, 2000;
2. Ozone Depleting Substances (Regulation and Control) Rules, 2000;
3. The Municipal Solid Wastes (Management and Handling) Rules, 2000; and
4. Batteries (Management and Handling) Rules, 2001.
Apart from the above eco-specific legislations, realizing that there is no comprehensive
legislation dealing with bio-diversity in India, and to fulfill its international obligation under
Convention on Bio-Diversity (CBD), the Govt. of India has enacted the Biological Diversity
Act 2002.