LEGAL OBLIGATIONS FOR THE PROTECTION OF ENVIRONMENT - BY K.LEELA VYSHNAVI

INTRODUCTION

All of us are aware that the life and environment are always related. The natural resources that are available by nature are being used by the humans in that level the natural resources are getting vanished. It has to be remembered that any individual who destructs the environment will be held responsible for the damage caused to the environment. Yes, many of us may not be aware of the fact that there are also legal consequences to those who destroy the environment. This article mainly throws a light upon the legal obligations for the protection of environment. It can be noted that the Right to have clean environment is considered to be a Fundamental Right as envisaged in Article-21 of the Constitution of India. Quality of environment is undeniably related to our enjoyment of the right to life. Article 21 of the Indian Constitution provides that “no person shall be deprived of his life or personnel liberty except according to procedures established by law.” In recent years, some courts of some countries have used the right-to-life provision as a legal tool to protect environment by redefining the scope and meaning.

BENEFITS OF ENVIRONMENT

Environment maintains the culture and quality of the earth. It helps in balancing the eco systems on the earth. It helps in maintaining the cycle between living beings and environment. Because of the purest environment that is existing one can live happily on the earth. Plants, trees all these absorb the harmful gases and give us the fresh air. Once the environment gets disturbed the cycle between living being and environment gets disturbed.

CAUSES FOR ENVIRONMENTAL DEGRADATION

There are many human things which cause destruction to environment. A few examples like causing damage to the lakes, discharging emissions from vehicles, a lot of chemicals to the field which effect soil, global warming, ozone depletion, emission of green house gases etc.

VARIOUS LEGAL PROVISIONS TO PROTECT ENVIRONMENT

Now let’s have knowledge on duties, obligations to protect the environment. There are many Articles, Acts, and Legislation regarding the protection of environment. Here come the provisions which deal with the protection of environment. 

CONSTITUTIONAL PROVISIONS

1. The Constitution of India under Part IV (Art 48A-Directive Principles of State Policies) stipulates that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

2. The Constitution under Part IVA (Art 51A-Fundamental Duties) casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

LEGISLATIONS FOR THE ENVIRONMENTAL PROTECTION

THE NATIONAL GREEN TRIBUNAL ACT, 2010: This act mainly concentrates on the environmental protection and conservation of forests. This act stresses upon the enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property.

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981: To deal with problems relating to air, to know the prescribed quality standards this legislation has been enacted. There are also state and central level control boards in order to deal with the air pollution problems. These state or the central level boards are required to inspect the industrial plants and cease that particular industry if that industry doesn’t confine with rules mentioned in this legislation.  Are also expected to test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes.

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974: This legislation is mainly to deal with the problem arising in the water because of the pollution outside. It has been enacted in order to provide for the prevention and control of water pollution and to preserve wholesomeness of water in the country. This Act has also both central and state control boards in order to deal with the water pollution problems. This act says that no one should throw the wastes into the water above the prescribed limit.

THE ENVIRONMENT PROTECTION ACT, 1986: This legislation has been mainly laid to set some legal frame work, rules, regulations which help in protecting environment. Under this Act the central government is empowered to make proper steps to protect the environment and also to improve the quality of environment. it also sets the standards for the emission and discharge of pollution in the air.

In case of any non-compliance or contravention of the Environment Act, or of the rules or directions under the said Act,

1. The violator will be punishable with imprisonment up to five years or with fine up to Rs 1, 00,000, or with both. 

2. In case of continuation of such violation, an additional fine of up to Rs 5,000 for every day during which such failure or contravention continues after the conviction for the first such failure or contravention will be levied. 

3. Further, if the violation continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.     

Not only these Articles or Legislations there are also many International Conventions, declarations which are made to protect the environment. There are five main principles which were given in Rio Declaration and Stockholm declaration in order to deal with the protection of environment.

POLLUTER PAYS PRINCIPLE: This principle clearly says that the one who spoiled the environment is held responsible not only to compensate but also costs incurred to restore the environmental degradation. 

PRECAUTIONARY PRINCIPLE: This principle envisages on the point that in order to protect the environment the precautionary approach should be widely applied. If there exists a environmental problem the problem shall be immediately restored and there shouldn’t be any postponement in order to repair that environmental damage.

PUBLIC TRUST DOCTRINE:  This principle says that common properties such as rivers, lakes, forests, which were held by the government, cannot be given to public individuals in personal. The doctrine itself says that common properties shall be made available to public. Those are the resources deemed to be held in trust for the benefit of the public.

DOCTRINE OF SUSTAINABLE DEVELOPMENT: Wherein, whatever natural resources exists those shall be made available without compromising the future generations. This principle says that both development and environment must go hand in hand.

DOCTRINE OF INTER-GENERATIONAL EQUITY: It says that every generation owes a duty to all succeeding generations to develop and conserve natural resources to the future generations also.

CONCLUSION

These are the various provisions which deal with the protection of environment. It is the duty of every individual to know their legal duties towards the protection of environment. It is our duty to make available all these resources to the future generations also. One has to keep in mind that while using the environment and while causing damage to the environment one has to bear the legal consequences for the act done by that particular individual. Environment to be considered as the gods gift and to handled very carefully. In order to save the environment we should stop the exploitation of the natural resources. This is where one has to get self-awareness over the environment and be responsible to safeguard the environment. So, the above mentioned are the legal obligations and legal principles to protect the environment.