Conflict of environmental laws with infrastructural development

The term environment has been derived from the term ‘environ’, which means ‘to surround’. Thus, etymologically environment means ‘surrounding conditions, circumstances affecting people’s life. [1]

India from the ancient times has been worshiping the nature as its tradition which could be well observed from its holy-text books and the common practices the country and its people have been following from centuries.

Position of Environment laws in India

The Constitution of India under article 51A imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife; and to have compassion for living creatures. Environment protection is also talked about in Fundamental Rights (part III) and Directive Principles of Sate Policies (part IV) under the Constitution.

Article 21 of the Constitution of India guarantees a fundamental right to life and personal liberty. The Court through its various judgements has interpreted the right to life and personal liberty. The apex court said to include the right to wholesome environment in right to life.[2] It has also been held that held that the mandate of right to life includes right to clean environment, drinking-water and pollution-free atmosphere.[3]

The Eleventh Schedule of Indian Constitution, added in 1992 by the 73rd Constitution, contains 29 subjects, also covering important topics related to environment protection and preservation such as rural development, poverty alleviation, market, roads and drinking water etc.

Some of the important legislations related to the environment:

Ministry of Environment and Forests (MoEF) is Indian governmental ministry to take care, conserve, protect and improve environment of the nation. It came into existence in 1985 prior to which it was the Department of Environment, established in India in 1980, aimed to ensure protection of environment and concerned laws.

Soon after the Bhopal Gas Tragedy, The Environment Protection Act, 1986 came into force as patronage legislation for all the previous laws i.e. The Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974.The Environment (Protection) Act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all source. Pollution Control Boards ("CPCB", i.e., Central Pollution Control Board and "SPCBs", i.e., State Pollution Control Boards”) were set up. The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants. The Ministry and PCBs work together as a regulatory and administrative body to protect environment.

Thereafter different policies and rules came into existence due to rising concerns and urgent need for protection of surroundings for example, - Hazardous Waste (Management and Handling) Rules 1989 to control the generation, collection, treatment, storage, and handling of hazardous waste; The Environment (Siting for Industrial Projects) Rules, 1999 lay down procedure and safeguards relating to areas to be avoided for siting of industries. The policy does not permit indiscriminate expansion of the existing industries; The Batteries (Management and Handling) Rules, 2001 rules, The National Green Tribunal Act, 2010 etc.

Explained In brief-

• The National Green Tribunal Act, 2010

The act provides for establishment of a National Green Tribunal (NGT) for the effective and speedy disposal of cases relating to environment protection, preservation and conservation of forests and other natural resources including enforcement of any legal right relating to environment. Owing to 2010 Act, the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997 stand repealed.

Infrastructure and its concerned laws

Infrastructure which means the basic structure, generally, refers to roads, airports and other such utilities. In India, under the Chairmanship of the Prime Minister of India, a Committee on Infrastructure was constituted on 31st August, 2004 for both economic and social infrastructure development, since then different policies to develop a world class infrastructure has been made and hence, implemented. There are different ministries governing following areas of infrastructure- Roads and Highways, Ports, Civil Aviation, Energy, Railways and Telecommunication that provide the framework needed for the functioning, development and social integration of a nation.

Precautionary measures

Like any other developmental activity does have impact on environment; mining, industry, power, river & hydro projects and other such infrastructure projects too and thus need to accord with rules and regulations notified by MoEF or any other concerned authority.

For instance, under the Environment (Protection) Act, 1986, Environment Impact Assessment (EIA) Notification, 2006, had been notified by ministry and as amended from time to time, which currently deals with the process involving four stages to provide for Environmental Clearance (EC) if proposal is adequate and appropriate to the environmental concerns and comprehensive EIA reports are also to be submitted thereafter.

Under the power sector, license from the appropriate Regulatory Commission has to be obtained for transmission, distribution and trading of electrical energy. The License could be procured subject to fulfilment of certain terms and conditions for a fixed period of time. [5] The key points of environmental protection ought to be incorporated during the implementation of such infrastructural development projects.

Recently in matter of Saloni Singh and others versus Union of India, NGT while considering the issue of non-compliance of Solid waste management rules, held that for the implementation of action plans of the railways for all the major stations, observations of Central Pollution Control Board (CPCB) need to be taken into account. [6]

Internationally, the Sustainable Development Goals (SDGs) have been adopted by all United Nations Member States, as a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity by 2030.

The need and importance of protection of environment is somewhat being realised by people and the government nationally and internationally as it is reflected by the norms which are already being followed or are in middle of such process.

Though control mechanisms are still weak. Lack of proper check and balance gives the offender more time to amend and escape from the liability and tend to render the preventive efforts less effective. The entire exercise needs to be devised covering all possible areas of environmental hazards and rather than persuasive, punitive approach should be followed.

References

[1] Collins, P.H. (1990) 62 Dictionary of Ecology and the Environment

[2] Dehradun V. State of U.P., AIR 1988 SC 1037
[3] M.C. Mehta V. Union of India. AIR 2000 SC 1997

[4]National Green Tribunal Act, 2010

[5]National Electrical Policy in compliance with Electricity Act, 2003

[6]Saloni Singh & Anr. V. Union of India & Ors., OA no.141/2014

Profile of the author:

Richa is a second year law student at Faculty of Law, University o Delhi.