Introduction:

Environmental pollution is a concern that has existed since the beginning of life on Earth. Catastrophic environmental effects have been caused by science and technology, industrial development, and resource exploitation in many parts of the world. The government has passed various legislations to curb the damage caused to the environment such as the Environmental Protection Act, 1986, Forest Conservation Act, 1980, Water Prevention and Control of Pollution Act, 1974, Biological Diversity Act, 2002, Public Liability Insurance Act 1889 and National Green Tribunal Act, 2010. It took a while for Article 21 of the Constitution to legally include the "right to live in a healthy environment.”

it suggests an inference that developments in legal frameworks and environmental statutes are rendering the instantaneous alters that the time demand. Although India's environmental rules are strong, the public somehow doesn't follow them. Despite there being a court exclusively for environmental cases, India has a poor overall score of 18.9, placing it at the bottom of all nations in the 2022 EPI, with a low score, among 180 nations, India came in last, behind Pakistan (176), Bangladesh (177), and Vietnam (178). With the increased anthropogenic deforestation, our forests are deteriorating at a frightening rate and making it challenging to live a good life in a healthier and safer setting. Moreover what makes it even worse is the loopholes in the environmental laws of India. This study clinches by indicating the gaps and potential solutions to overcome this concern.

Environmental Laws:

Numerous environmental problems, such as global warming, climate change, air pollution, extinction of species, degradation of forest land, etc., have emerged as a result of regular growing of human population and industrial as well as economic expansion. India makes up 2.4 percent of the planet's surface and had a population 1.39 billion by the end of June 2021.

Amidst all of this legislative activity, India's environment is however tragic. Sewage and industrial waste continue to overflow into the rivers and lakes. Nevertheless, the bringing of "right to live in a healthy environment" and formally enshrined in Article 21 of the Constitution , which implies that improvements in legal frameworks and environmental legislation are enabling the time-demanded rapid changes.

Despite using a variety of regulatory tools, India continues to struggle with the depletion of its natural resources and environmental pollution. The judiciary has recently taken on a proactive role as a public educator, policy maker, super-administrator, and more generally, amicus environment, after seeing environmental damage for more than two decades. As per its constitution, India is a “sovereign, socialist, secular, democratic republic.” The fundamental rights to life and liberty are guaranteed by the Indian Constitution.

Circumstantial significance:

Despite having a court dedicated to environmental cases, India received a low overall score of 18.9 in the 2022 EPI, placing it at the bottom of all countries. Out of 180 countries, India received the lowest score. Our forests are degrading at an alarming rate due to the rising anthropogenic deforestation, which makes it difficult to live a good life in a healthier and safer environment. In addition, India's environmental regulations include flaws that make the situation worse. This suggests a significance of an immediate analysis and action on environmental laws.

The Developments In Implementing The Environmental Laws In India:

Since the Indus Valley's occupants flourished on an urban culture oriented on trade and agriculture in 2500 BC, India has enjoyed a continuous civilization. India has experienced numerous kingdoms during the course of her history. She endured numerous Turkish and Afghani invasions, among others. The Moghul dynasty was established in the 16th century AD . The establishment of the East India Company in 1600 led British rule in India. Now India is a federal union with 36 separate entities made up of 28 states and 8 union territories. Within the states and union territories, districts and other administrative divisions are further divided. And each state has a separate administrative, legislative, and judicial capitals.

The Government of India Ministry of Environment and Forest is in charge of developing policies for the preservation of the environment and forests. States Pollution Control Boards, independent entities within state governments, are tasked with implementing different environmental regulations pertaining to air, water, etc. whereas States Forest Departments are in charge of managing state forests. The Central Pollution Control Board, an independent agency under the Ministry of Environment and Forest, provides support to the State Pollution Control Boards and offers environmental advice to the Indian government.

1. Ancient period

"To live in harmony with nature" has been the social life's idea ever since the Vedic period. The history of early society and the beginnings of human civilization show that humans and other living things, specifically the environment, have always had a close relationship. The idea of environmental conservation has a long history in India.

The roots of environmental protection can be found in Indian principles and norms, which have been upheld from the dawn of time and are ingrained in our laws, customs, and traditions.

Our society pays more attention to environmental protection than we can imagine today, by several ancient texts. These scriptures inform us that it was everyone's responsibility in society to preserve nature to the point that people began to revere natural objects. Animals, soil, water, and trees all held a significant place in our old text.

2. Laws in British India

The early years of British rule in India saw widespread resource theft. The requirements of the woods conservation movement were completely ignored. During the British era, measures were put in place to protect the environment, including the air, sea, beach, and water.

Prior to independence, the administration was aware of the need to protect natural resources from pollution. With certain administrative measures taken to conserve forests, the formation of a forestry policy, and the enactment of laws to carry out the policy decision, the second part of the 19th century saw the beginning of organized forest management in India. The Force Act, which was passed in 1865, was the first action the British government took to evaluate its state monopoly rights over the forest. It was updated in 1878 and expanded to most of the regions it ruled over at the time. The Forest Act of 1927 was passed to put into effect the Forest Policy of 1884.

One of the oldest regulations addressing water pollution was the Shore Nuisance (Bombay and Kolaba) Act of 1853. By fining the Oriental Gas Firm and granting compensation rights to anyone whose water was "fouled" by the company's discharges, an attempt was made to control the pollution that the company was producing in 1857. In addition to the Shore Nuisance Act of 1853, the British government focused on other issues such as air pollution, wildlife, and land use by passing various laws, some of which are listed below:

1. 1860 Indian Penal Code.
2. The 1897 Indian Fisheries Act.
3. Indian Ports Act of 1908.

3. The Stockholm Declaration

The Stockholm Declaration on the Human Environment of 1972 was a product of the UN Conference on Human Environment and Development held in Stockholm. This Stockholm Declaration is regarded as the founding document of environmental law, and its importance has been compared to that of the 1948 Universal Declaration of Human Rights. The prime minister of India, Ms. Indira Gandhi, attended the conference in Stockholm, and she was greatly encouraged by the debates, concerns highlighted, and progress made there. The rapid changes that occurred after the Stockholm Conference may have been an indication of the outcomes.

4. Constitution of India

The Indian Constitution may be the first in the world to include specific clauses for the preservation and enhancement of the environment. The Supreme Court's constitutionalization of environmental issues is one of modern Indian law's greatest accomplishments.

The definition of socialist implies the establishment of a “vibrant throbbing socialist welfare society” in place of a “feudal exploited society” which “has become the centre of the hopes and aspirations of the people and a pillar to guide and enlighten all that is enshrined in the article of the constitution” Two major Articles 48-A and 51-A (g) to safeguard and enhance the environment are included in this 42nd Amendment.

• Article 48-A. Protection and improvement of the environment and preservation of the country's forests and wildlife. The state shall make efforts to preserve the nation's forests and wildlife as well as to protect and improve the environment.
• Article 51-A. Basic Duties Every Indian person has a responsibility to preserve and enhance the natural environment, including forests, lakes, rivers, and animals, as well as to show compassion for all living things. Additionally, it brought forth certain adjustments to the seventh schedule as well: Concurrent List III: 3
• 17, "Forests"
  
• (17-B), Protection of wildlife and birds.
• 20-A, Family planning and population control

The Preamble of the Constitution is directly referenced in Article 14. This article is the first of a series that represents the principle of equality stated in the Constitution's Preamble. Article 14 of the Indian Constitution ensures opportunity equality. It is completely unique as an idea. However, when it comes to application, exceptions are made. One cannot combine unequal. The constitutionally recognized lofty ideal of the rule of law necessitates the philosophy of equality before the law. Every executive action, if it is to function to the detriment of anyone, must "usually" be supported by some legislative authority, according to one component of the rule of law.

Union of India v. M.C. Mehta (oil gas leak case) the court ruled that any business that engages in an activity that is intrinsically harmful is "absolutely" accountable for compensating everyone who is harmed by an accident. The notion of "absolute liability," which forbids any exceptions (such as an "act of God"), was the judgment's defining characteristic.

Analyzing Environmental Laws

Three key organizations; the Ministry of Environment, Forest and Climate Change, the Central Pollution Control Board at the national level, and the State Pollution Control Boards at the state level adopt, carry out, and enforce environmental legislation in India. India's primary environmental legislation are:

A) The Environmental (Protection) Act of 1986:

The E.P. Act limits or restricts all types of pollution with the intention of improving and protecting environmental quality. This serves as a shield, enabling the national government to take the required steps to uphold the requirements of a healthy environment

B) Water (Prevention and Control of Pollution) Act 1974 (also known as the Water Act):

This law was passed in 1974. The statute oversees the restriction of effluent (pollutant) discharge into rivers and lakes that exceeds predetermined standards. Additionally, it specifies the sanctions that will be applied if the act is broken. The State Pollution Control Board and the Central Pollution Control Board are two examples of environmental organizations whose roles and authority are defined by the Water Act. The first law to prevent untreated home and industrial effluents from being directly released into water bodies was passed in India.

C) The Air (Prevention and Control of Pollution) Act 1981

this was passed to prevent, control, and reduce air pollution in India. It seeks to keep air pollution under control and maintain air quality.

And there are nearly 200 laws make up India's legal system, with many of them focusing on environmental preservation. Some regulations pertaining to environmental protection are as:

• The Wildlife (Protection) Act 1972.
• The Forest (Conservation) Act 1980.
• The Air (Prevention and Control of Pollution) Rules 1982.
• Hazardous Waste (Management and Handling) Regulations 1989.
• Liability Insurance Act of 1991.
• National Environment Tribunal Act 1995.
• The Biomedical Waste (Management and Handling) Rules 1998.
• The Noise Pollution (Regulation and Control) Rules 2000.
• The Ozone Depleting Substances (Regulation and Control) Rules 2000.
• The Biological Diversity Act of 2002.
• The E-Waste (Management and Handling) Rules 2011.

Hazardous waste disposal in water bodies and hazardous emissions have mostly gone unchecked in India, raising serious concerns about air and water pollution. Since they were first created in the mid-1970s and 1980s, laws governing these activities have not been revised. These laws govern the consents and permits for the use of surface and groundwater, the observance of effluent and emission discharge standards, and ban of water resource pollution.

Penalties For Damaging The Environment:

There are special provisions for offenses committed by companies in the Water Act, Air Act, and EP Act. According to these Acts, anyone in charge at the time of an offense and responsible for the company's commercial operations is guilty of the crime and liable to be charged with and penalized for it. However, if a person can show that the offense was done without their knowledge or that they took all reasonable precautions to stop it, they are not held accountable.

The Supreme Court and state high courts have the authority and practice of awarding exemplary damages for environmental destruction. For instance, it was found that one of India's largest copper smelting factories was functioning illegally in Sterlite Industries (I) Ltd v Union of India & Ors. It looked at the company's annual report to determine the extent of the company's responsibility for paying damages (that is, for environmental destruction incurred during the 15 years it operated without a valid environmental permit) and found that 10% of the profit before depreciation, interest, and taxes (PBDIT), or INR1 billion, had to be paid as compensation.

The NGT Act Section 15(1): can order relief, compensation and restitution in the following cases:

1. Relief and compensation to the victims of pollution and other environmental damage;
2. Restitution for property damaged;
3. Restitution of the environment.

According to section 26(1) of the NGT Act, a person who disobeys an order, award, or decision of the NGT Tribunal is subject to a fine of up to INR10 crore, a period of imprisonment of up to three years, or both. After being found guilty of the first failure or contravention, there is an extra punishment of up to INR25, 000 applicable for each subsequent failure or violation.

According to section 26(2) of the NGT Act, a corporation that disobeys any order, award, or decision of the NGT Tribunal is subject to a punishment of up to INR25 crore.

Sustainability of Development:

Sustainable development means accelerating economic growth without causing damage to the environment to meet the requirements of the present generation as well as those of the future. Many nations have enacted numerous environmental regulations to ensure sustainable development. Despite, there are more environmental regulations in existence, the environment began to get worse, because they are insufficient. Since most Asian nations are developing countries, they are under pressure to reduce poverty and are battling the issue of trade-offs between development and the environment.

India is one of the few nations in the world to enforce corporate social responsibility (CSR) spending and reporting. Companies with a particular net worth, turnover, or net profit are subject to sustainability reporting requirements under the Companies Act (2013) and the Companies Corporate Social Responsibilities Policy Rules (2014). These businesses are required to establish a CSR Committee, devote at least 2% of their yearly net income to CSR endeavours, and include a CSR annual report in their annual board report.

Despite these important advancements and achievements, there is still much work to be done. India is still one of the most polluting nations despite being the second-most populous nation on the planet. The nation intends to handle this issue by a greater scope of environmental protection, similar to its expansion of worker protection and modification of chemical management.

Gaps In Laws And Potential Solutions:

Although the administrative structure and legislative actions sufficiently demonstrate the government's concern, the implementation does not provide a thorough understanding of the problems associated with eco-management and development. It is becoming more challenging for the enforcement agencies to hold businesses and other polluters accountable for regulatory standards.

Indian Council for Enviro-Legal Action v. Union of India

In the case Indian Council for Enviro-Legal Action v. Union of India. An environmentalist organization filed a writ petition in this case on behalf of local residents near chemical industrial plants, requesting that necessary measures be made in light of the worsening in local residents' health. According to Article 12 of the Indian Constitution, the relevant industry is a private business, not a state, and as such, no remedy may be enforced against a private person. It was argued that the Supreme Court cannot take action on this. The Supreme Court ruled that regardless of whether a private or public entity is responsible for the violation of a person's fundamental rights, the court must step in to protect those rights if the government or other authorities have not taken adequate measures to ensure a pollution-free environment for citizens to live in. and The Supreme Court of Indian further said:

“If the mere enactment of laws relating to the protection of the environment was to ensure a clean and pollution free environment, then India would, perhaps, be the least polluted country in the world. But, this is not so. There are stated to be over 200 Central and State statutes, which have at least some concern with environmental protection, either directly or indirectly. Unfortunately, the plethora of such enactments has not resulted in preventing environmental degradation which, on the contrary, has increased over the years.”

It is a widely held belief that enacting legislation is simple, but implementing them into practice is challenging. As a result, all nations deal with issues like pollution, deforestation, global warming, etc. There is a lack of coordination between international organizations and different countries, their central governments, their state governments, and their local governments, as well as between macro policies and the realities at the ground level. Additionally, there is no clear separation of powers between the various government agencies, which leads to confusion and conflict.

The majority of environmental laws are driven by industrialists who have the support of political parties, and are compromised by political interests as well as corruption and poor management, which is another reason why the issue is not limited to one section. And the few of the issues is pointed following:

1. The absence of an independent regulatory authority for environmental governance is one of the key causes of this. The Ministry of Environment, Forest and Climate Change (MoEF) is in charge of it. Environmental law is not being implemented effectively because of the government's excessive meddling in the Ministry's administration.
2. There is also a lack of public knowledge and political incitement.
3. Nearly all environmental laws take humankind's superiority over the ecosystem and nature into account.
4. Industries must obtain authorization from the State Pollution Control Board before releasing effluents or emitting emissions, but because there aren't any severe penalties, there is a casual attitude toward compliance. The penalties for breaking WPCA 1974 are excessively lax, according to the Comptroller and Auditor General of India's 2011–12 report on Performance Audit of Water Pollution in India.
5. The central and state boards, which continue to be dependent on the state and federal governments for selection, lack independence. As a result, there aren't enough qualified people.
6. PCB’s don’t have legal authority and their decisions tend to be overruled by the government.
7. The Pollution Control Boards are also underfunded, and they even lack adequate infrastructure and laboratories.
8. There are some laws that are not particularly flexible.
9. Certain specific pollution kinds or groups of hazardous substances are prioritized under current legislation.
10. The current system does not adhere to the polluter pays premise.
11. Since expert witness and technical evidence are required in environmental litigation, it is more expensive than other types of litigation.

Potential solutions are only met when all of this concerns in implementation could cover up from the very basic level of implementation.

Environmental rights must be viewed as social rights, and sustainable development must be viewed as development that benefits people rather than being done at their expense. Understanding sustainable development heavily relies on the concepts of democracy, participation, and the strengthening of social institutions. And some possible solution to overcome the concern are:

• Through centralized management and decentralized execution, the absence of coordination and specific divisions between the central and local governments can be maintained.
• Industrialists frequently spend money on political parties to receive special treatment from the government, like the tax laws. Increased public participation, information access, and increased accountability are all necessary to address this issue. Also, there must be a controlled examination of how laws are applied.
• Leave the consumerism process and protect our individual liberty preserving the ecological balance.
• To make decisions about what we actually desire and need in order to live a normal and healthy life without being diverted by societally imposed artificial needs.
• To cultivate a sense of global responsibility and concern for future generations through various orientation, conferences as well as in other Medias.
• To think that the interests of any caste, race, or other group are subordinate to the interests of all living things in the world as a whole.
• Environmental education is acknowledged to be crucial in influencing society's culture and value system toward the environment.

Conclusion:

The Indian courts have attempted to put environmental legislation into effect through PILs (Public Interest Litigation) initiated by civic-minded individuals working to improve the environment (IGCMC 2001). By addressing industry environmental violations and holding them accountable for breaking the law, we can increase the sustainability of the environment. Since both the environment and a nation's growth are crucial for its future, it is currently necessary to preserve balance and harmony between the two. The National Green Tribunal must to be capable of handling the intricate issues relating to pollution. The society exhibits its contradictory behavior in terms of cleanliness, as individuals demand clean homes on the one hand while releasing waste and pollutants into their surroundings on the other.

In the case of Subhash Kumar v. State of Bihar the Supreme Court has held that the right to life guaranteed by Article 21 of the Constitution includes the freedom from pollution of both the water and the air necessary to fully enjoy one's life. A person may use Article 32 of the Constitution to address water or air pollution that may be harmful to life if anything threatens or degrades such quality of life in violation of the law. Regarding the discharge of industrial pollutants into rivers, the Court has ruled that Article 21 includes "the enjoyment of pollutant-free water and air for the full enjoyment of life." Thus the recent hand of judiciary is much powerful and hope provoking. The level of implementation can be looked through so-mentioned solution along with the public support at large.

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Reference:

• Economic Survey 2020-21, Government of India, Ministry of Finance, Department of Economic Affairs Economic Division New Delhi-110001, vol. 2, 2021. Also available at www.indiabudget.gov
• Subhash Kumar v. State of Bihar 1991 AIR 420, 1991 SCR (1) 5.
• Divan, Shyam and Rosencranz, Armin. Environmental Law and Policy in India: Cases, Materials and Statutes, Oxford University Press, New Delhi, Second Edition, 2001.
• Jacob Koshy, India opposes environmental index ranking, the Hindu, New Delhi edition, dated 8th June 2022.
• Bipin Shah, Turk, Mongol and Moghul Invaders of India-"Age of Unreason, 2020. Also available at https://www.researchgate.net.
• Clear IAS TEAM, The British Expansion in India – East India Company, Presidencies, Governor-generals, and Battles, 2021. https://www.clearias.com. (Last visited on 19- 07- 2022.)
• Sumit Arora, States and Capitals: Complete List of 28 States and Capitals of India and 8 UTs 2022, adda 247, https://currentaffairs.adda247.com, 2022. (Last visited on 19- 07- 2022.)
• S.C. Shastri, Environmental Law, 5th edition, p2, 2015.
• CM Jariwalla, “Changing Dimensions of Indian Environmental Law”, in P LeelaKrishnan, Law and Environment, p1, at p2, 1992.
• J.B. Lal, India's forests: Myth and Reality (Natraj, Dehradun 1989) pp 15-17.
• Indian Institute of Ecology and Environment, http://www.ecology.edu. (Last visited on 19- 7 2022).
• Kennet, Wayland. “The Stockholm Conference on the Human Environment.” International Affairs, Royal Institute of International Affairs 1944, vol. 48, no. 1, pp. 33–45. JSTOR, 1972. Also available at https://doi.org/10.2307/2613625.
• Kabeer Kalwani, Stockholm Conference (United Nations Conference on the Human Environment), law lex, 2020, https://lawlex.org. (Last visited on 19- 7 2022).
• Syskool, The Stockholm Declaration 1972 and India, 2018, https://syskool.com. (Last visited on 19- 7 2022).
• Atam Prakash v. State of Haryana & Ors, 1986 AIR 859.
• Basheshar Nath v. Commissioner of Income tax, AIR 1959 SC 149:1959 Supp. (1) SCR 528.
• Satwant Singh v. Apo New Delhi, AIR 1967 SC 1836.
• AIR 1986 SC 1468.
• Sunita Paudyal, New environmental laws in India: The next chapter of change, enhesa magazine, https://www.enhesa.com, 2022. (Last visited on 19- 7- 2022).
• 2013 (2) RCR (Criminal) 545.
• Justice Mensah, Sustainable development: Meaning, history, principles, pillars, and implications for human action: Literature review, Cogent Social Sciences, Vol. 5, Issue 1, 2019. Also available at https://doi.org/10.1080/23311886.2019.1653531.
• Corporate Social responsibility (CSR), Corporate Social Responsibility (CSR) in India, https://csrcfe.org. (Last visited on 19- 7- 2022).
• 1996 AIR 1446.
• Dr. Deva Prasad. M, Taking Environmental Law Seriously: An Indian Perspective, Live Law.in (2017), http://www.livelaw.in, (Last visited on 19- 7- 2022).
• Shailesh, How we failed to implement environmental laws in India, Green Clean Guide, 2017, http://greencleanguide.com (Last visited on 19- 7- 2022).
• Article on importance of environmental laws in India, Law Updater (2016), https://lawupdaterblog.wordpress.com
• Binod B. Sandwar, Implementation of Environmental Legislations for Environmental Protection, Journal for Industrial Pollution Control, www.icontrolpollution.com/articles