Environmental Laws
Environmental Protection is a fundamental duty of every citizen of this country. The Indian Constitution makes provisions for environment protection under the following articles:
Article 51-A (g) – Fundamental Duties – states “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.”
Article 48-A – Directive Principles of State Policy – states that “The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.”
Article 21 – Fundamental Rights – “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This article does not directly provide for environmental protection but an interpretation of the word “life” by the Supreme Court and various High Courts includes a living environment congenial to human existence.
Definition of ‘Environment’ in India – According to Section 2(a) of the Environment Protection Act, 1986, ‘Environment’ includes water, air and land and the interrelationship that exists among and between water, air, and land, and human beings, other living creatures, plants, microorganisms, and property.
The two key policies relating to environment protection in India are:
The National Forest Policy, 1988.
The National Environment Policy, 2006.
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