As one of the BRICs countries, India has achieved remarkable economic growth in recent years. Along with economic growth, environmental pollution is increasing in the country. Various challenges have emerged, including air pollution in cities due to industrial development and vehicle emissions, degradation of water quality in the Ganges and other rivers, and an increase in waste (general waste, hazardous waste, waste electrical and electronic equipment, etc.) due to the growth of the urban population. India is also one of the largest emitters of greenhouse gases in the world. Therefore, while India is not under an obligation of international emission reduction, negligence in its efforts to reduce emissions is unacceptable. In order to deal with these environmental problems, India is taking proactive measures.
In addition to the Constitution, which provides for environmental protection, India developed the following environmental policies.
The National Environment Policy, 2006 was formulated based on these policies. The objectives of the policy are as follows.
Ministry of Environment, Forest and Climate Change is as the implementing agency for the policy.
These policies are not legally binding, but serve as guidelines for the central and state governments.
The main legal regime in India is shown in the following chart. The Indian legal system consists of Acts approved by the Parliament, Rules made by the relevant ministries and agencies to implement the laws, and Notifications made by the relevant ministries and agencies within their powers.
The Constitution of India is the supreme law in the country. The Constitution consists of a total of 395 articles and annexes and is a massive document. The Constitution is frequently amended in India, and since it came into force in 1950, it has been amended 103 times as of August 2020.
Following the United Nations Conference on the Human Environment held in Stockholm in 1972 and the adoption of the Declaration on the Human Environment, India became the first country in the world to include provisions on environmental protection (Article 48A, Article 51A(g)) when it amended the Constitution in 1976.
“48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
“51A. It shall be the duty of every citizen of India–
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(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
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These provisions provide for the imposition of environmental protection obligations on the government and citizens. On the other hand, there is no provision in the Constitution recognizing the right to the enjoyment of a good environment. However, Article 21 guarantees individual liberty and the Indian judiciary, on the basis of the same Article, recognizes the right to enjoy a good environment as a fundamental human right.
“21. No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Constitution defines (1) areas over which the central government has exclusive supervisory authority, (2) areas over which state governments have exclusive supervisory authority, and (3) areas over which both governments have supervisory authority (Article 246), which are listed in Annex 7. List I (Union List) in the Annex lists the areas overseen by the central government, including defense and foreign affairs. List II (State List), which lists the areas overseen by state governments, includes public health and state public services. In relation to the environment, the state governments are empowered to supervise water, land, agriculture and fisheries, while forest and wildlife protection are listed in List III (Concurrent List), in which both the central and state governments have supervisory authority. In addition, state governments have oversight authority over water (e.g., water supply, irrigation water, hydroelectricity, etc.). In matters such as the management of rivers flowing through several states, the federal government is allowed to exercise oversight, subject to congressional approval.
Environmental regulations existed in India even before the country gained independence in 1947. However, it was not until the United Nations Conference on the Human Environment in 1972 that environmental laws and regulations began to be formulated in earnest. The Water (Prevention and Control of Pollution) Act, 1974, was the beginning of the process. The Water Act was enacted to prevent water pollution in India, and the development of India’s environmental laws began with the control of water pollution. The Water Act prohibits discharge of pollutants into the water system in excess of the standards and provides for penalties for violators. Also, it provides for setting up a Central Pollution Control Board (CPCB) for the Central Government and a State Pollution Control Board (SPCB) for the State Governments.
In 1981, the Air (Prevention and Control of Pollution) Act, 1981 was enacted. The Air Act was enacted to prevent air pollution in India and empowers state governments to ban the use of polluting fuels and substances. It also gives the CPCB and SPCBs the authority to control air pollution.
In 1986, the Environment (Protection) Act, 1986, was enacted as a comprehensive environmental legislation. The purpose of the Act is to provide a framework for the prevention and control of various environmental problems such as water, air and soil, as well as for the coordination of central government agencies and state government agencies. Article 3 of the Act provides that “the Central Government shall have the power to take all such steps for the protection and improvement of the environment and for the prevention, control and abatement of environmental pollution as it may deem necessary or appropriate”. Article 25 also empowers the central government to make rules. Further, the Act also provides for penalties, and violation of the Act and its implementing rules is punishable by imprisonment for a maximum of five years or a fine of 100,000 rupees, or both (Article 15).
The implementing regulations of the Environment (Protection) Act, 1986 contain rules on a variety of areas such as waste, chemicals and noise, indicating that the Act is a comprehensive legislation covering a wide range of areas.
There are also the Public Liability Insurance Act, 1991, the Forest Conservation Act, 1980, the Biological Diversity Act 2002, and the Energy Conservation Act, 2001. Many of these kinds of environmental laws, particularly those related to nature conservation and pollution control, are administered by the Ministry of Environment, Forest and Climate Change (MoEFCC). On the other hand, some laws on energy conservation are administered by the Ministry of Power (MoP) and other ministries and agencies.
Framework of EHS laws and regulations in India.
| Category | Theme |
|---|---|
| Overall |
Overview, Environmental Standards India, Organizations with Governing Environmental Regulations |
| Chemical | Chemical Management |
| Waste | Waste Management |
| Energy | Energy Efficiency Regulation of Products |
| Product Designs | Product Designs in India |
| Water | Water Pollution Control |
| Air | Air Pollution Control |
| Other Pollution | Noise, Vibration and Odour Control |
| OSH | Occupational Safety and Health |
India
The Indian government on March 6, 2023 issued guidelines to ensure safety on transportation of dangerous goods.
India
On February 28, 2023, the Bureau of Energy Efficiency (BEE) of India promulgated the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Light Commercial Air …
India
India’s shipping regulator, Directorate General of Shipping (DGS) in a notification issued on February 24, 2023 has banned oil tankers and bulk carriers both registered in India and foreign flagged …
India
India strengthened the transport rules for dangerous goods.
India
On January 24, 2023, the Bureau of Energy Efficiency (BEE) of India announced the draft regulation Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Washing …
India
India’s Ministry of Environment, Forests and Climate Change (MoEFCC) on February 17, 2023 finalized and announced list of activities to be considered for trading of carbon credits under bilateral and …
India
On February 2, 2023, the Indian Ministry of Chemicals and Fertilizers promulgated an amendment order to postpone the date of entry into force of the Quality Control Order for morpholine, …
India
On February 1, 2023, the Bureau of Energy Efficiency (BEE) of India promulgated the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Deep Freezers) Regulations, …
India
India is accelerating the building of a hydrogen society.
India
India partially amended RoHS regulations in order to adds new exemptions.
India
On January 4, 2023, the Ministry of Environment, Forest and Climate Change (MoEFCC) of India announced a draft of the Regulation of Common Effluent Treatment Plants Rules, 2022, which regulates …
India
On January 3, 2023, the Bureau of Energy Efficiency (BEE) of India published and enacted the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Distribution …
India
On December 7, 26 and 27, 2022, the Bureau of Energy Efficiency (BEE) of India issued a notification extending the current energy efficiency evaluation framework for five items: light commercial …
India
On December 5, 2022, the Bureau of Energy Efficiency (BEE) of India issued a notification to adopt QR codes in addition to energy efficiency labels under its “Standards & Labeling …
India
In late December 2022, the Central Pollution Control Board (CPCB) of India issued the General Framework for Imposing Environmental Damage Compensation. This framework was developed based on an environmental court …
India
India’s national auditors, Comptroller and Auditor General (CAG) in a report titled “All India Audit Report on Waste Management” published on December 21, 2022 states that a performance audit revealed …
India
On December 20, 2022, the Ministry of Law and Justice of India published the Energy Conservation (Amendment) Act, 2022. The amendment introduces the concept of carbon credit trading and adds …
India
India’s Ministry of Consumer Affairs, Food and Public Distribution on January 9, 2023 notified adoption of standards laid down by Bureau of Indian Standards (BIS) for USB Type C receptacles, …
India
On 26 December 2022, the Basic Chemicals, Cosmetics & Dyes Export Promotion Council (Chemexcil) of the Ministry of Commerce & Industry of India, in a notification addressed to the members …
India
On December 22, 2022, the Indian Ministry of Commerce & Industry postponed the date of entry into force of the “Air Conditioner and its Related Parts, Hermetic Compressors and Temperature …
India
On December 21, 2022, the Ministry of Chemicals and Fertilizers of India further postponed the date of entry into force of the Quality Control Order (published on December 29, 2021) …
India
On December 14, 2022, the Bureau of Energy Efficiency (BEE) of India published “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Stationary Storage Type Electric …
India
On December 9, 2022, the Indian Ministry of Power issued a notification (S.O. 5772 (E).) setting a new energy efficiency standard for storage type electric water heaters.
India
India
India’s Department for Promotion of Industry and Internal Trade (DPIIT) issued a notice on December 20, 2022, to bring 50 products under 16 categories under mandatory quality control order (QCOs) …
India
The Indian Parliament on December 12, passed the Energy Conservation (Amendment) Bill 2022 laying the legal framework for establishing a carbon credit market, mandatory use of non-fossil fuel including green …
India
On November 11, 2022, the Ministry of Environment, Forest and Climate Change of India issued a draft regulation “Environment (Protection) (Amendment) Rules, 2022” amending the water quality standards for treated …
India
On November 4, 2022, the Ministry of Environment, Forest and Climate Change of India published the “Environment (Protection) Third Amendment Rules, 2022” to revise the emission standards for fixed-speed or …
India
On October 29, 2022, the Bureau of Energy Efficiency (BEE) of India issued a draft regulation “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Chillers) …
India
On November 1, 2022, the Ministry of Heavy Industries of India promulgated an order to postpone the effective date of the Electrical Equipment (Quality Control) Order 2020, which defines the …
India
On November 02, 2022, Ministry of Heavy Industries of India issued a notice making testing of electric vehicles mandatory for enhanced human safety with effect from April 01, 2023. The …
India
On November 2, 2022, the Ministry of Environment, Forest and Climate Change of India published the “E-Waste (Management) Rules, 2022.” These Rules replace the current E-Waste (Management) Rules, 2016 and …
India
On October 3, 2022, the Ministry of Chemicals and Fertilizers of India published orders to postpone the date of enforcement of 12 Quality Control Orders (QCOs) for chemicals such as …
India
On September 27, 2022, the Ministry of Power of India issued a notification amending energy conservation standards for direct cooled and frost-free household and similar refrigerating appliances.
India
On September 16, 2022, the Indian Ministry of Road Transport and Highways (MORTH) published and enforced the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Amendment Rules, 2022, which …
India
India’s Ministry of Road Transport and Highways has extended implementation deadline for mandatory standards and testing norms for electric vehicle (EV) batteries. The mandatory EV battery standards and testing norms …
India
On September 14, 2022, the Ministry of Commerce and Industry of India published Notification No.32/2015-2020, which permits PET flakes to be imported subject to approval from the Directorate General of …
India
On September 7, 2022, the Ministry of Power of India issued a notification to add petrochemical production units such as fibre intermediates, polymers, performance plastics, and synthetic rubbers as “Designated …
India
On September 5, 2022, the Ministry of Environment, Forest and Climate Change of India (MoEFCC) published and enforced the “Environment (Protection) Second Amendment Rules, 2022”, which amend the compliance timelines …
India
On September 2, 2022, the Indian Ministry of Chemicals and Fertilizers issued an order further postponing the date of enactment of the Quality Control Order for Acrylonitrile Butadiene Styrene (ABS), …
India
On August 31, 2022, the Food Safety and Standards Authority of India (FSSAI) published and enforced the Food Safety and Standards (Packaging) Second Amendment Regulations, 2022, which set migration limits …
India
On August 26, 2022, the Bureau of Energy Efficiency (BEE) of India announced the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Distribution Transformer) Amendment …
India
On August 24, 2022, the Bureau of Energy Efficiency (BEE) of India announced proposed regulations “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Light Commercial …
India
India’s Ministry of Road Transport and Highways on September 01, 2022 announced amendments to specific technical requirements for ‘rechargeable electric energy storage systems’ (REESS) or batteries for ‘M’ and ‘N” …
India
On August 24, 2022, the Indian Ministry of Chemicals and Fertilizers published the Hydrogen Peroxide (Quality Control) Order 2022. This Order replaces the Hydrogen Peroxide (Quality Control) Order, 2020, and …
India
On August 24, 2022, the Ministry of Environment, Forest and Climate Change of India published and enforced the Battery Waste Management Rules, 2022. These Rules cover all types of batteries, …
India
On August 16, 2022, the Indian Department of Consumer Affairs launched a solicitation for opinions on an amendment to display two or more of the main constituents of a product …
India
On August 3, 2022, the Bureau of Energy Efficiency (BEE) of India announced the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of UHD Television) Regulations, …
India
In India, a bill “the Energy Conservation (Amendment) Act, 2022”, was submitted to the Lok Sabha on August 3, 2022 to promote the development of renewable energy and the domestic …
India
On July 22, 2022, the Indian Ministry of Environment, Forestry and Climate Change (MoEFCC) published the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, which add extended …
India
On July 14, 2022, the Ministry of Consumer Affairs, Food and Public Distribution of India published the Legal Metrology (Packaged Commodities) (Second Amendment) Rules, 2022, which amend Article 6 (Declarations …
India
The Ministry of Environment, Forest and Climate Change of India published and enforced the Plastic Waste Management (Second Amendment) Rules, 2022 on July 7, 2022. This amendment exempts labelling requirements …
India
On June 29, 2022, the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) announced proposed rules to amend the emission standards for particulate matter (PM) from industrial boilers as …
India
On June 28, 2022, the Indian Ministry of Road Transport and Highways (MORTH) published the Central Motor Vehicles (Tenth Amendment) Rules, 2022, which make mandatory the requirements for tire rolling …
India
India’s Ministry of Environment, Forests and Climate Change (MoEFCC) proposes to make amendments to various environmental regulations aiming to decriminalize violations and replacing provisions of imprisonment with financial penalties in …
India
On June 29, 2022, the Ministry of Road Transport and Highways of India (MORTH) announced a draft regulation amending the emission standard BS-VI (Euro 6 equivalent) for vehicles manufactured after …
India
On June 28, 2022, the Bureau of Energy Efficiency (BEE) of India published proposed amendments to its regulations governing the labeling of stationary storage type electric water heaters, which is …
India
On June 28, 2022, the Bureau of Energy Efficiency (BEE) of India published the draft Regulations, Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Deep …
India
India has finalized two ‘codes of safety’ for acetone and acetaldehyde, detailing properties of the two chemicals, hazards associated with it and proposing standard safety measures to control such hazards. …
India
On June 11, 2022, the Bureau of Energy Efficiency (BEE) of India announced a new regulation (Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Refrigerators) …
India
The Central Consumer Protection Authority of India issued a notification on June 10, 2022 setting out guidelines for the prevention of misleading advertising and the endorsement of such advertising (F. …
India
On June 6, 2022, the Ministry of Power of India published the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022 to further accelerate its renewable energy program, …
India
On June 9, 2022, the Ministry of Heavy Industries of India published an amendment (S.O. 2634 (E).) to postpone the date of entry into force of the Quality Control Order …
India
On 24 May 2022, the Ministry of Power of India issued a notification (S.O. 2369 (E).) setting a new energy saving standard for color televisions, which are one of the …
India
NOTE: On November 2, 2022, the Ministry of Environment, Forest and Climate Change of India published the “E-Waste (Management) Rules, 2022.” These Rules replace the current E-Waste (Management) Rules, 2016 …
India
On May 12, 2022, the Ministry of Power of India published a notification (S.O. 2210 (E).) setting out energy efficiency criteria to make energy-saving labeling of electric ceiling type fans …
India
On May 13, 2022, India’s Ministry of Chemicals and Fertilizers published Orders postponing the effective date of the Quality Control Orders on methylene chloride, ortho phosphoric acid and polyphosphoric acid. …
India
On May 6, 2022, the Bureau of Energy Efficiency (BEE) of India issued a notification informing the public that the existing energy-saving criteria for room air conditioners, which are products …
India
On May 5, 2022, the Ministry of Environment, Forest and Climate Change of India published the amendment rules of Lead Stabilizer in Polyvinyl Chloride (PVC) Pipes and Fittings Rules (published …
India
In a press release dated April 7, 2022, the Press Information Bureau (PIB) of India released statistics on the amount of e-waste generated, collected, dismantled, recycled, and disposed of from …
India
On April 27, 2022, India’s Ministry of Chemicals and Fertilizers published Quality Control Orders for eight chemicals, including 1,3-phenylenediamine, lauric acid, and acid oil. Target products must comply with each …
India
On March 29, 2022, the Ministry of Power of India published a notification (S.O. 1465 (E).) amending the application date of the fuel consumption standard for fixed-speed travel (40 km/h, …
India
On April 5, 2022, India’s Ministry of Chemicals and Fertilizers published the Trimethyl Phosphite (Quality Control) Order, 2022. This order shall enter into force 181 days after its promulgation. Target …
India
The Ministry of Environment, Forest and Climate Change (MoEFCC) and the Central Pollution Control Board (CPCB) have developed an integrated guidance framework for chemical safety in isolated storage and industries …
India
On March 14, 2022, the India’s Ministry of Commerce and Industry issued Notification of amendment in the Import Policy (Schedule-I) of the Foreign Trade Policy, 2015-2020, establishing new conditions for …
India
On February 28, 2022, the India’s Ministry of Environment, Forest and Climate Change (MoEFCC) announced the draft Building Construction Environment Management Regulations, 2022, which regulate environment management in the construction …
India
On March 8, 2022, India’s Bureau of Energy Efficiency (BEE) added tires as a voluntary product of the energy saving labeling system “Standards & Labeling Programme.” The target is C1, …
India
In March 2022, India’s Bureau of Energy Efficiency (BEE) added high-energy lithium-ion traction battery packs and systems as a voluntary product of the energy saving labeling system “Standards & Labeling …
India
On February 18, 2022, the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) issued the Environment (Protection) first Amendment Rules, 2022 to amend the emission limits for new engines …
India
On February 17, 2022, the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) published Plastic Waste Management (Amendment) Rules, 2022 which provides details on Extended Producer Responsibility (EPR) for …
India
On January 20, 2022, the Ministry of Environment, Forest and Climate Change of India released the draft “Plastic Waste Management Rules, 2022,” and is soliciting opinions for 60 days. The …
India
NOTE: On July 22, 2022, the Indian Ministry of Environment, Forestry and Climate Change (MoEFCC) officially published the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, which …
India
On January 3, 2022, the Indian Ministry of Power published an amendment (Notification S.O. 09 (E).) adding production facilities for ceramic, glass, copper, zinc, and other products to the list …
India
On January 1, 2022, the Ministry of Environment, Forest and Climate Change (MoEFCC) of India issued a Notification (S.O. 5481 (E).) providing for disposal responsibilities and utilization of ash in …
India
On January 31, 2022, India’s Ministry of Chemicals and Fertilizers published amendment for quality control orders on Acetic Acid, Aniline, Methanol and Morpholine to postpone the implementation date for them. …
India
On December 29, 2021, India’s Ministry of Chemicals and Fertilizers published new quality control orders for Phthalic Anhydride, Ethylene Glycol, Toluene, Terephthalic Acid, n-Butyl Acrylate. These orders replaced the respective …
India
On December 28, 2021, India’s Bureau of Energy Efficiency (BEE) under the Ministry of Power issued the notifications for extending the validity of the existing energy efficiency standards-based ratings for …
India
On December 27, 2021, India’s Ministry of Chemicals and Fertilizers published “Polyphosphoric Acid (Quality Control) Order, 2021”. The subject goods under Indian Standard IS 17439：2020 have to bear the “Standard …
India
On December 27, 2021, India’s Ministry of Chemicals and Fertilizers published new quality control orders for vinyl acetate monomer, methyl acrylate and ethyl acrylate. These orders replaced the previous orders …
India
On December 22, 2021, India’s Ministry of Commerce and Industry published “Refrigerating Appliances (Quality Control) Amendment Order, 2021” to postponed the effective date of the Order for Refrigerating Appliances to …
India
On November 29, 2021, India’s Bureau of Energy Efficiency (BEE) under the Ministry of Power issued the notifications for extending the validity of the existing energy efficiency standards-based ratings for …
India
According to a report by the Press Information Bureau of India on October 30, 2021, India’s Ministry of Power, after consultations with stakeholders, has formulated an amendment to the Energy …
India
On November 26, 2021, India’s Bureau of Energy Efficiency (BEE) under the Ministry of Power issued the notifications for extending the validity of the existing energy efficiency standards-based ratings for …
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