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
On April 1, 2020, India’s Ministry of Electronics and Information Technology (MeitY) published a notification (S.O. 1236(E).) to add the following 12 product categories (No. 45 to 56) to the …
India
In India, on March 23, 2020, the proposed Pesticide Management Act, 2020 (Bill No. XXII of 2020) has been introduced in the House of Representatives. This bill will regulate the …
India
On April 27, 2020, India’s Bureau of Energy Efficiency (BEE) issued the instruction which stated that energy efficiency standards for LED lamps subject to “Standards & Labeling Programme” would be …
India
On May 18, 2020, India’s Ministry of Agriculture and Farmers Welfare announced a draft “Banning of Insecticides Order, 2020” (S.O. 1512(E)) and conducted a 45 days comment period. The importation, …
India
On May 13, 2020, the Indian Ministry of Chemicals and Fertilizers published a notification (S.O. 1459(E).) to add the following chemicals to the list (Schedule 1) of toxic chemicals regulated …
India
On June 8, 2020, the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) published its Annual Report for 2019 (hereinafter referred to as the “Report”). This report covers a …
India
On June 18, 2020, India published the notification including the amendment of “IS 15495：Printing Ink for Food packaging”. 2004 version was repealed on July 3 and the provisions of IS …
India
On June 16, 2020, India’s Ministry of Chemicals and Fertilizers published Quality Control Order (S.O. 1890(E). ~ S.O. 1903(E).) on 14 chemicals, including pyridine and gamma-picoline. These Orders will be …
India
In India, as of the end of May, 2020, there are 34 Producer Responsibility Organizations (PROs) registered under the E-waste (Management) Rules, 2016 and the list of them is available …
India
On June 12, 2020, India’s Central Pollution Control Board (CPCB) submitted the proposal to National Green Tribunal (NGT) to make fines stricter for noise pollution prescribed in Noise Pollution (Regulation …
India
On December 5, 2019, India’s Ministry of Commerce and Industry published the quality control order named as “Air Conditioner and its related Parts, Hermetic Compressor and Temperature Sensing Controls (Quality …
India
On November 22, 2019, India’s Press Information Bureau reported that central government has undertaken various regulatory measures for prevention, control and abatement of air pollution. For instance, Action Plans for …
India
On October 30, 2019, India’s Ministry of Power issued a notification to amend energy efficiency standards for air conditioners subject to mandatory labeling under the “Standards & Labeling Programme”. The …
India
On October 28, 2019, India’s Ministry of Commerce and industry notified a draft of “Air Conditioner and its related Parts, Hermetic Compressor and Temperature Sensing Controls (Quality Control) Order, 2019” …
India
On October 24, 2019, India’s Ministry of Commerce and Industry published the notification for prohibiting import of PET flakes made from used PET bottles in 2015-2020 Foreign Trade Policy. The …
India
On September 13, 2019, India’s Ministry of Environment, Forest and Climate Change announced a draft “Lead Stabilizer in Polyvinyl Chloride (PVC) Pipes and Fittings, Rules, 2019”. Manufactures and Importers of …
India
On August 9, 2019, India’s Bureau of Energy Efficiency announced that it revised the energy efficiency standards and design of labels for agricultural pumps, one of the products covered under …
India
On July 24, 2019, India’s Bureau of Energy Efficiency announced changes the existing specifications of ceiling fans, one of the eligible products for which labeling is optional under the “Standards …
India
On July 23, 2019, in India, the bill namely “Occupational Safety, Health and Working Conditions Code, 2019” has been filed to the Lok Sabha (House of Representatives) , which would …
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