Department of Life Sciences

Faculty Name: Dr. Praveen N

Subject: Environmental Sciences
Topic: THE ENVIRONMENTAL LAWS AND PROTECTION ACTS

Script:
Hello Students! In todays session lets learn about various laws
and protection acts to prevent the Environment.

Before moving onto the topic, first we will know what is

environment. Environment means surrounding, in which the
organisms live. It is the sum total of all biotic i.e., living and
abiotic i.e., non living factors that surround and potentially
influence an organism. Some components of the environment
serve as resource (e.g. soil, water and etc.) while others act as
regulatory factor (e.g. temperature, light etc.). Different
components of the environment are interlinked and
interdependent. Environment creates favourable conditions for
the existence and development of living organisms.

In context of human beings, environment can be defined in

number of ways:

The first one is

1. Environment is the sum of all social, economical, biological,

physical or chemical factors which constitute the
surroundings of man, who is both creator and moulder of his
environment.

The second definition is

2. Environment refers to the sum total of conditions which

surround man at a given point in space and time.

And the third definition goes like this

 3. Environment is the representative of physical components
of the earth wherein man is the important factor influencing
his environment.

Ok, now after having the background of what is environment, we

will discuss about the Environmental Laws and Protection
Acts.

The important provisions and legislations which are meant for the
protection of environment in India are

The first one is Constitutional provisions

We should fell proud that India is the first country in the world to
have provisions for the protection and conservation of
environment in its constitution. The provisions for Environmental
protection in the constitution were made after the UN conference
on Human Environment which was held in Stockholm on 5th
June, 1972. Thereafter 5th June is celebrated as World
Environment Day all over the world.

So, the provisions were made through 42nd amendment of the

constitution in 1976 which are as follows:

The first article,

1. Article 48.A. This article declares that the state shall

endeavor to protect and improve the environment and to
safeguard forests and wildlife of the country.
The second article,
2. Article 51A(g). Declares that It shall be the duty of every
citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife and
to have compassion for living creatures. Ok.

Before 1976, environment was in the state list but after 42 nd

amendment, it was included in concurrent list.
And the third article,
3. Article 47, 48 and 51A. According to these articles, it is
the duty of state to protect and improve the environment
and public health and provide pollution free water, air and
environment for the public.
Next comes the
The Environment (Protection) Act 1986
This act came into force on Nov. 19, 1986, the birth
anniversary of our Late Prime minister Indira Gandhi. She
took keen interest in environmental issues of the country.
This act aimed to protect and improve the quality of
environment by Central Government with coordination of the
State Government.

Now we will look into the Powers and Functions of

Central Government.
1. The first point is to set up the standards of quality of air,
water or soil for various areas and purposes.
2. The second one is to set up maximum permissible limits of
concentration of various environmental pollutants
(including noise) for different areas.
3. The third point is to lay procedures and safeguards for
handling of hazardous substances.
4. The fourth is to set up prohibition and restrictions on the
handling of hazardous substances in different areas.
5. The fifth point is to restrict the areas where industry,
operations or processing shall not be allowed.
6. The sixth point is to lay procedures and safeguards for the
prevention of accidents, which may cause environmental
pollution and to provide remedial measures for such
accidents.
7. The seventh point states to examine manufacturing
processes, materials and substances which are likely to
cause environmental pollution.
8. The eighth point states to carry out and sponsoring
investigations and research relating to problems of
environmental pollution.
9. The ninth point emphasizes on Establishment and
recognition of environmental laboratories.
10. The tenth point emphasizes on Preparation of manuals,
codes or guides relating to the prevention, control and
abatement of environmental pollution.
11. The eleventh point mentions about the Collection and
dissemination of information in respect of matters relating
to environmental pollution.
12. And the last point mentions any such other matters as
the Central Government may deem necessary for the
purpose of securing effective implementation of this act.

Ok, Under Section 3 (3) of this act, the central

Government may constitute an authority to exercise
powers and perform functions as mentioned in the above
12 points. And
Under Section 5 of this act, the Central Government can
issue directions to any person or officer or any authority
and empower him or it with
a. Close, prohibit or regulate of any industry, its operation
or processing and
b. Stop or regulate the supply of electricity or water or any
other service.

Under Section 11 of this act, the Central Government or

any officer on its behalf is empowered to inspect and take
samples of air, water, soil or any other substance in a
prescribed manner from any factory, premises or other
place, in order to make the analysis of any sample
admissible in the evidence in any legal proceedings.

This is all about the powers and functions of central

government. Now we will briefly know what the Functions
of State Government in this aspect are.

Under the Environmental (Protection) rules, 1986 the

State Pollution Control Boards have to follow the
 guidelines provided Under Schedule VI. The important
guidelines are

1. Advise industries in the state to treat their wastes

before their release in the environment.
2. Encouraging industries to recycle and reuse their
wastes.
3. Promoting implementation of clean technologies by the
industries in order to increase fuel efficiency and reduce
the generation of environmental pollution.
And the last one is
4. Granting permission of the discharge of effluents and
emissions into the environment only after assessing the
assimilative capacity of the receiving atmosphere or
water body.

The Environment (Protection) act 1986 was amended in

1994 to include Environmental Impact Assessment
(EIA) of various developmental projects. These projects
have to take clearance from the central Government
prior to establishment.

Hope you have got a good insight on the environment

protect act and the powers and functions of Central and
State Government. Until we meet again, bye.