12-04-2013, 04:14 PM
Environmental Laws in India- Overview and Important Principles
Environmental Laws.pdf (Size: 561.87 KB / Downloads: 49)
Constitution of India and Environment
A fundamental ‘right to life’is guaranteed to all persons.
‘No person shall be deprived of his life or personal liberty except according to procedure established by law’. (Article 21)
The scope of ‘Right to Life’expanded by higher judiciary to include the ‘right to clean and pollution free environment’.
Environment Protection Act, 1986 (“EPA”)
Enacted pursuant to the UN Conference on the Human Environment held in 1972.
An umbrella legislation for environment protection and improvement through regulation of developmental activities.
Vests central Ministry, i.e., Ministry of Environment & Forests (“MoEF”) with powers relating to formulation of nation-wide planning, policymaking and co-ordination of actions taken by State Governments.
MoEF Powers under EPA
EPA enables MoEF to:
lay down standards for environmental quality; emissions or discharge of environmental pollutants from various sources.
Devise procedures for handling hazardous substances.
Formulate rules for locating industry.
Mandates compulsory reporting of environment pollution by industry.
Provide for recovery of costs of cleanup from the polluter.
BD Act
India’s response to cases of bio-piracy.
Restrictions on use of biological resources not only by foreign nationals and entities but also on Indian entities having anynon Indian participation in their share capital or management.
Restrictions on obtaining IPR for an invention based on researchor information on a biological resource obtained from India. Prior approval of National Biodiversity Authority is required.