Environment Protection Act – Air (Prevention and Control of Pollution) Act – Water (Prevention and control of Pollution) Act – Wildlife Protection Act – Forest Conservation Act

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Environment Protection Act – Air (Prevention and Control of Pollution) Act – Water (Prevention and control of Pollution) Act – Wildlife Protection Act – Forest Conservation Act

The Environment (Protection) Act, 1986 not only has important constitutional implications but also an international background. The spirit of the proclamation adopted by the United Nations Conference on Human Environment which took place in Stockholm in June 1972, was implemented by the Government of India by creating this Act.

Although there were several existing laws that dealt directly or indirectly with environmental issues it was necessary to have a general legislation for environmental protection because the existing laws focused on very specific types of pollution, or specific categories of hazardous substances or were indirectly related to the environment through laws that control landuse, protect our National Parks and Sanctuaries and our wildlife. However there were no overarching legislation and certain areas of environmental hazards were not covered. There were also gaps in areas that were potential environmental hazards and there were several inadequate linkages in handling matters of industrial and environmental safety. This was essentially related to the multiplicity of regulatory agencies. Thus there was a need for an authority which could assume the lead role for studying, planning and implementing long term requirements of environmental safety and give directions to, as well as coordinate a system of speedy and adequate response to emergency situations threatening the environment.

This Act was thus passed to protect the environment, as there was a growing concern over the deteriorating state of the environment. As impacts grew considerably environmental protection became a national priority in the 1970s. The decline in the environmental quality, was evidenced by increasing pollution, loss of forest cover and an increasing threat to biodiversity.

The presence of excessive concentrations of harmful chemicals in the atmosphere and aquatic ecosystems leads to the disruption of food chains and a loss of species. These are symptoms of a rapidly deteriorating environment. The growing risks of environmental accidents and threats to life support systems now looms threateningly over our civilisation. The decision taken at the conference in Stockholm strongly voiced these environmental concerns and several measures were made possible for environmental protection. While the need for a wider general legislation to protect our environment is now in place, it has become increasingly evident that our environmental situation continues to deteriorate. We need to implement this Act much more aggressively if our environment is to be protected.

Public concern and support is crucial for implementing the EPA. This must be supported by an enlightened media, good administrators, highly aware policy makers, informed judiciary and trained technocrats who together can influence and prevent further degradation of our environment. Each of us has a responsibility to make this happen.

The air (prevention and control of pollution) act

The Government passed this Act in 1981 to clean up our air by controlling pollution. Sources of air pollution such as industry, vehicles, power plants, etc. are not permitted to release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds (VOCs) or other toxic substances beyond a prescribed level. To ensure this, Pollution Control Boards (PCBs) have been set up by Government to measure pollution levels in the atmosphere and at certain sources by testing the air. This is measured in parts per million or in milligrams or micrograms per cubic meter. The particulate matter and gases that are released by industry and by cars, buses and two wheelers is measured by using air sampling equipment. However, the most important aspect is for people themselves to appreciate the dangers of air pollution and reduce their own potential as polluters by seeing that their own vehicles or the industry they work in reduces levels of emissions.

This Act is created ‘to take appropriate steps for the preservation of the natural resources of the earth which among other things includes the preservation of high quality air and ensures controlling the level of air pollution.

The main objectives of the Act are as follows:

(a) To provide for the Prevention, Control and abatement of air pollution.

(b) To provide for the establishment of Central and State Boards with a view to implement the Act.

(c) To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution.

Air pollution is more acute in heavily industrialized and urbanized areas, which are also densely populated. The presence of pollution beyond certain limits due to various pollutants discharged through industrial emission are monitored by the Pollution Control Boards set up in every State.

The main function of the Central Board is to implement legislation created to improve the quality of air and to prevent and control air pollution in the country. The Board advises the Central Government on matters concerning the improvement of air quality and also coordinates activities, provides technical assistance and guidance to State Boards and lays down standards for the quality of air. It collects and disseminates information in respect of matters relating to air pollution and performs functions as prescribed in the Act.

The State Boards have the power to advice the State Government on any matter concerning the prevention and control of air pollution. They have the right to inspect at all reasonable times any control equipment, industrial plant, or manufacturing process and give orders to take the necessary steps to control pollution. They are expected to inspect air pollution control areas at intervals or whenever necessary. They are empowered to provide standards for emissions to be laid down for different industrial plants with regard to quantity and composition of emission of air pollutants into the atmosphere. A State Board may establish or recognize a laboratory to perform this function.

The State Governments have been given powers to declare air pollution control areas after consulting with the State Board and also give instructions for ensuring standards of emission from automobiles and restriction on use of certain industrial plants.

Penalties: Persons managing industry are to be penalized if they produce emissions of air pollutants in excess of the standards laid down by the State Board. The Board also makes applications to the court for restraining persons causing air pollution.

Whoever contravenes any of the provision of the Act or any order or direction issued is punishable with imprisonment for a term which may extend to three months or with a fine of Rs.10,000 or with both ,and in case of continuing offence with an additional fine which may extend to Rs 5,000 for every day during which such contravention continues after conviction for the first contravention.

What can an individual do to control air pollution?

1) When you see a polluting vehicle take down the number and send a letter to the Road Transport Office (RTO) and the Pollution Control Board (PCB).

2) If you observe an industry polluting air, inform the Pollution Control Board in writing and ascertain if action is taken.

3) Use cars only when absolutely necessary. Walk or cycle as much as possible instead of using fossil fuel powered vehicles.

4) Use public transport as far as possible, as more people can travel in a single large vehicle rather than using multiple small vehicles which add to pollution.

5) Share a vehicle space with relatives and friends. Carpools minimise the use of fossil fuels.

6) Do not use air fresheners and other aerosols and sprays which contain CFCs that deplete the ozone layer.

7) Do not smoke in a public place. It is illegal and endangers not only your own health but also that of others.

8) Coughing can spread bacteria and viruses. Use a handkerchief to prevent droplet infection which is air borne. It endangers the health of other people.

It is a citizen’s duty to report to the local authorities such as the Collector or the Pollution Control Board, and the press about offences made by a polluter so that action can be taken against the offender. It is equally important to prevent and report to the authorities on cutting down of trees, as this reduces nature’s ability to maintain the carbon dioxide and oxygen levels. preventing air pollution and preserving the quality of our air is a responsibility that each individual must support so that we can breathe air that will not destroy our health.

The water (prevention and control of pollution) act

The Government has formulated this Act in 1974 to be able to prevent pollution of water by industrial, agricultural and household wastewater that can contaminate our water sources. Wastewater with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are serious health hazards. Controlling the point sources by monitoring levels of different pollutants is one way to prevent pollution by giving a punishment to a polluter. However, it is also the responsibility of people in general to inform the relevant authority when they see a likely source of pollution. Individuals can also do several things to reduce water pollution such as using biodegradable chemicals for household use, reducing use of pesticides in gardens, and identifying polluting sources at workplaces and in industrial units where oil or other petroleum products and heavy metals are used. Excessive organic matter, sediments and infecting organisms from hospital wastes can also pollute our water. Citizens need to develop a watchdog force to inform authorities to take appropriate actions against different types of water pollution. A polluter must pay for his actions. However, preventing pollution is better than trying to cure the problems it has created, or punishing offenders.

The main objectives of the Water Act are to provide for prevention, control and abatement of water pollution and the maintenance or restoration of the wholesomeness of water. It is designed to assess pollution levels and punish polluters. The Central Government and State Governments have set up Pollution Control Boards that monitor water pollution.

Functions of the Pollution Control Boards: The Government has given the necessary powers to the PCBs to deal with the problems of water pollution in the country. The Government has also suggested penalties for violation of the provisions of the Act.

Central and State water testing laboratories have been set up to enable the Boards to assess the extent of water pollution and standards have been laid down to establish guilt and default.

The Central and State Boards are entitled to certain powers and functions which are as follows:

Central Board: It has the power to advise the Central Government on any matters concerning the prevention and control of water pollution. The Board coordinates the activities of the State Boards and also resolves disputes. The Central Board can provide technical assistance and guidelines to State Boards to carry out investigations and research relating to water pollution, and organizes training for people involved in the process. The Board organizes a comprehensive awareness program on water pollution through mass media and also publishes data regarding water pollution. The Board lays down or modifies the rules in consultation with the State Boards on standards of disposal of waste.

The main function of the Central Board is to promote the cleanliness of rivers lakes streams and wells in the country.

State Boards: They have the power to advise the State Government on any matters concerning water pollution. It plans a comprehensive program for the prevention of water pollution. It collects and disseminates information on water pollution and participates in research in collaboration with the Central Board in organizing training of people involved in the process. The Board inspects sewage or trade effluents, treatment plants, purification plants and the systems of disposal and also evolves economical and reliable methods of treatment of sewage and other effluents. It plans the utilization of sewage water for agriculture. It ensures that if effluents are to be discharged on land the waste is diluted. The State Board advises State Governments with respect to location of industries. Laboratories have been established to enable the Board to perform its functions.

The State Boards have the power to obtain information from officers empowered by it who make surveys, keep records of flow, volume, and other characteristics of the water. They are given the power to take samples of effluents and suggest the procedures to be followed in connection with the samples. The concerned board analyst is expected to analyze the sample sent to him and submit a report of the result to the concerned Board. The Board is required to send a copy of the result to the respective industry. The Board also has the power of inspecting any plant record, register, document or any material object, and can conduct a search in any place in which there is reason to believe that an offence has been conducted under the Act.

Penalties are charged for acts that have caused pollution. This includes failing to furnish information required by the Board, or failing to inform the occurrence of any accident or other unforeseen act. An individual or organization that fails to comply with the directions given in the subsections of the law can be convicted or punished with imprisonment for a term of three months or with a fine of Rs10,000 or both and in case failure continues an additional fine of Rs.5,000 everyday. If a person who has already been convicted for any offence is found guilty of the same offence again, he/she after the second and every subsequent conviction, would be punishable with imprisonment for a term not less than two years but which may extend to seven years with fine.

What can individuals do to prevent water pollution?

1. Inform the Pollution Control Board of any offender who is polluting water and ensure that appropriate action is taken. One can also write to the press.

2. Do not dump wastes into a household or industrial drain which can directly enter any water body, such as a stream, river, pond, lake or the sea.

3. Do not use toilets for flushing down waste items as they do not disappear but reappear at other places and cause water pollution.

4. Use compost instead of chemical fertilizers in gardens.

5. Avoid use of pesticides at home like DDT, Melathion, Aldrin, and use alternative methods like paste of boric acid mixed with gram flour to kill cockroaches and other insects. Use dried neem leaves to help keep away insects.

The wildlife protection act

This Act passed in 1972, deals with the declaration of National Parks and Wildlife Sanctuaries and their notification. It establishes the structure of the State’s wildlife management and the posts designated for Wildlife Management. It provides for setting up Wildlife Advisory Boards. It prohibits hunting of all animals specified in Schedules I to IV of the Act. These are notified in order of their endangeredness. Plants that are protected are included in schedule VI.

The Amendment to the Wildlife Protection Act in 2002 is more stringent and prevents the commercial use of resources by local people. It has brought in new concepts such as the creation of Community Reserves. It has also altered several definitions. For instance in animals, fish are now included. Forest produce has been redefined to ensure protection of ecosystems.

While there are several changes, the new Act still has serious issues concerned with its implementation. Laws are only as good as the ones that can be complied with. The Act is expected to deter people from breaking the law. However, there are serious problems due to poaching. One cannot expect to use the Act to reduce this without increasing Forest Staff, providing weapons, jeeps, radio equipment, etc. for establishing a strong deterrent force.

Penalties: A person who breaks any of the conditions of any license or permit granted under this Act shall be guilty of an offence against this Act. The offence is punishable with imprisonment for a term which may extend to three years or with a fine of Rs 25,000 or with both. An offence committed in relation to any animal specified in Schedule I, or Part II of Schedule II, like the use of meat of any such animal, or animal articles like a trophy, shall be punishable with imprisonment for a term not less than one year and may extend to six years and a fine of Rs 25,000.

In the case of a second or subsequent offence of the same nature mentioned in this sub-section, the term of imprisonment may extend to six years and not less than two years with a penalty of Rs.10,000.

What can an individual do?

1) If you observe an act of poaching, or see a poached animal, inform the local Forest Department Official at the highest possible level. One can also report the event through the press. Follow up to check that action is taken by the concerned authority. If no action is taken, one must take it up to the Chief Wildlife Warden of the State.

2) Say ‘no’ to the use of wildlife products and also try to convince other people not to buy them.

3) Reduce the use of wood and wood products wherever possible.

4) Avoid misuse of paper because it is made from bamboo and wood, which destroys wildlife habitat. Paper and envelopes can always be reused.

5) Create a pressure group and ask Government to ensure that the biodiversity of our country is conserved.

6) Do not harm animals. Stop others from inflicting cruelty to animals.

7) Do not disturb birds nests and fledglings.

8) When you visit the Zoo do not tease the animals by throwing stones or feeding them, and prevent others from doing so.

9) If you come across an injured animal do what you can to help it.

10) If the animal needs medical care and expert attention contact the Society for the Prevention of Cruelty to Animals in your city.

11) Create awareness about biodiversity conservation in your own way to family and friends. 12) Join organizations, which are concerned with protection of biodiversity, such as Worldwide Fund For Nature –India (WWFI), Bombay Natural History Society (BNHS), or a local conservation NGO.

Forest conservation act (1980)

To appreciate the importance of the Forest Conservation Act of 1980, which was amended in 1988, it is essential to understand its historical background. The Indian Forest Act of 1927 consolidated all the previous laws regarding forests that were passed before the 1920’s. The Act gave the Government and Forest Department the power to create Reserved Forests, and the right to use Reserved Forests for Government use alone. It also created Protected Forests, in which the use of resources by local people was controlled. Some forests were also to be controlled by a village community, and these were called Village Forests.

The Act remained in force till the 1980s when it was realised that protecting forests for timber production alone was not acceptable. The other values of protecting the services that forests provide and its valuable assets such as biodiversity began to overshadow the importance of their revenue earnings from timber. Thus a new Act was essential. This led to the Forest Conservation Act of 1980 and its amendment in 1988.

India’s first Forest Policy was enunciated in 1952. Between 1952 and 1988, the extent of deforestation was so great that it became evident that there was a need to formulate a new policy on forests and their utilisation. Large tracts of forestland had already been diverted to other uses. The earlier forest policies had focused attention on revenue generation only. In the 1980s it became clear that forests must be protected for their other functions such as maintenance of soil and water regimes centered around ecological concerns. It also provided for the use of goods and services of the forest for its local inhabitants.

The new policy framework made conversion of forests into other uses much less possible. Conservation of the forests as a natural heritage finds a place in the new policy, which includes the preservation of its biological diversity and genetic resources. It also values meeting the needs of local people for food, fuelwood, fodder and non-wood forest products that they subsist on. It gives priority to maintaining environmental stability and ecological balance. It expressly states that the network of Protected Areas should be strengthened and extended.

In 1992, the 73rd and 74th Amendments to the Constitution furthered governance through panchayats. It gives States the ability to provide power to the local panchayats to manage local forest resources.

The Forest Conservation Act of 1980 was enacted to control deforestation. It ensured that forestlands could not be de-reserved without prior approval of the Central Government. This was created as States had begun to de-reserve the Reserved Forests for non-forest use. States had regularized encroachments and resettled ‘Project Affected People’ from development projects such as dams in these de-reserved areas. The need for a new legislation became urgent. The Act made it possible to retain a greater control over the frightening level of deforestation in the country and specified penalties for offenders.

Penalties for offences in Reserved Forests: No person is allowed to make clearings or set fire to a Reserved Forest. Cattle are not permitted to trespass into the Reserved Forest. Felling, collecting of timber, bark or leaves, quarries or collecting any forest product is punishable with imprisonment for a term of six months, or with a fine which may extend to Rs.500, or both.

Penalties for offences in Protected Forests: A person who commits any of the following offences like felling of trees, or strips off the bark or leaves from any tree or sets fire to such forests, or kindles a fire without taking precautions to prevent its spreading to any tree mentioned in the Act, whether standing or felled, or fells any tree, drags timber, or permits cattle to damage any tree, shall be punishable with imprisonment for a term which may extend to six month or with a fine which may extend to Rs.500, or both.

When there is a reason to believe that a forest offence has been committed pertaining to any forest produce, the produce together with all tools used in committing such offences may be seized by any Forest Officer or Police Officer. Every officer seizing any property under this section shall put on the property a mark indicating the seizure and report the seizure to the Magistrate who has the jurisdiction to try the offence. Any Forest Officer, even without an order from the Magistrate or a warrant, can arrest any person against whom a reasonable suspicion exists.

What can an individual do to support the Act?

1) Be alert to destructive activities in your local green areas such as Reserved Forests and Protected Forests, and in Protected Areas (National Parks and Wildlife Sanctuaries). Report any such act to the Forest Department as well as the Press. Report of violations can be made to the Conservator of Forest, District Forest Officer, Range Forest Officer, Forest Guard or the District Commissioner, or local civic body.

2) Acquaint yourself with the laws, detailed rules and orders issued by the Government.

3) Be in touch with concerned local NGOs and associations. Organize one with other like minded people if none exist in your area.

4) Create awareness about the existence and value of National Parks and Sanctuaries and build up a public opinion against illegal activities in the forest or disturbance to wildlife.

5) Pressurize the authorities to implement the forest and wildlife laws and rules to protect green areas.

6) Take legal action if necessary and if possible through a Public Interest Litigation (PIL) against the offending party. Use the help of NGOs who can undertake legal action.

7) Help to create public pressure to change rules laws and procedures when necessary.

8) Use better, ecologically sensitive public transport and bicycle tracks. Do not litter in a forest area.

9) Participate in preservation of greenery, by planting, watering and caring for plants.

Whom should forest offences be reported to?

If you as a citizen come across anyone felling trees, encroaching on forest land, dumping garbage, cutting green wood, lighting a fire, or creating a clearing in Reserved Forests, Protected Forests, National Park, Sanctuary or other forest areas, you must report it to the forest / wildlife officers concerned. For urgent action one can contact the police. In fact you should file an FIR in any case because it serves as an important proof that you have made the report.