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In
India, consciousness to protect the environment and measures needed
to restore it exists since the early days of civilization. The
Vedic and Post-Vedic history bear testimony to this. It had long and rich tradition of
environmental protection which took in the form of worship of animals
and trees2. However, in the modern days, especially in the
post independent era because of high priority to economic growth
environment receded to a less important place1.
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Till 1970s, before the first International meet
on environment, the Stockholm Conference on Environment was convened by
UN in 1972, no specific step was taken to protect and preserve the
environmental quality in India1. However, a Survey of
the early environmental legislations indicates the nature and levels of
governmental awareness towards environmental issues. The Shore Nuisance
(Bombay and Kolaba) Act of 1853 was one of the earliest laws concerning
water pollution. Further, in
1857 the Oriental Gas
Company Act was made to regulate pollution produced by Oriental Gas
Company by imposing fines3.
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The Country has a long history of
environmentalism with the passage and codification of Acts such as the
Indian Penal Code of 1860; The Indian Easements Act of 1882; The
Fisheries Act of 1897; The Bengal Smoke Nuisance Act of 1905; The Indian
Forest Act, 1927; The Factories Act, 1948; The Industries (Development
and Regulation) Act, 1951; The Mines and Minerals (Regulation and
Development) Act,1957; The Merchant Shipping Act, 1958; The Forest
(Conservation) Act, 1980 and The Indian Motor Vehicle Act, 1988.
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Further, the Indian Forest Act was a product of
British rule in 1927. The legislation granted the government uncontested
rights over natural resources, with state governments authorized to
grant licenses to lumber contractors and oversee protection of the
forests.
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Later, Section 12 of the Factories Act of 1948
required all factories to make effective arrangements’ for waste
disposal and empowered state governments to frame rules implementing
this directive. As a result, a number of states passed versions of the
Factory Act, (including Uttar Pradesh, Tamil Naidu, West Bengal,
Maharashtra and Mysore) and each tailored the Act to suit its particular
situation. Also, the river boards, established under the River Boards
Act of 1956 for the regulation and development of inter-state rivers and
river valleys, were empowered to prevent water pollution. In both these
laws, prevention of water pollution was only incidental to the principal
objective of the enactment.
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During the 1950’s and early 1960’s marked the
Constitution permitting the state to control water-related issues,
several states had taken steps on water protection. The Laws passed included:
The Orissa River Pollution Act of 1953;
The Punjab State Tube
well Act of 1954,
West Bengal Notification No. 7 Regulation - Control of Water Pollution
Act of 1957; Jammu and Kashmir State Canal and Drainage Act of 1963 and
The Maharashtra Water Pollution Prevention Act of 19695.
“Planning for harmonious development recognizes
the unity of nature and man. Such planning is possible only on the basis
of a comprehensive appraisal of environmental issues. There are
instances in which timely, specialized advice on environmental aspects
could have helped in project design and in averting subsequent adverse
effect on the environment leading to loss of invested resources. It is
necessary, therefore, to introduce the environmental aspect into our
planning and development”6.
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The year 1972 was a landmark in the history of environmental
management in India.
However, prior to 1972, environmental issues such as sewage disposal, sanitation
and public health were dealt with independently by the different
ministries without any co-ordination or realization of the
interdependence of the issues.
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Following the Stockholm Conference, to
identify and investigate the problems of preserving or improving the
human environment in the country as well as to propose solutions for
environmental problems, in February 1972, a National Committee
on Environmental Planning and Co-ordination (NCEPC) was set
up by the initiative
of the former Prime Minister of India, Mrs. Indira Gandhi in the
Department of Science and Technology. This High-level advisory
body was charged, among others, with reviewing policies and programmes
which have a significant bearing on quality of environment and advise
Government on environmental management and to improve the human
environment in the context of population growth and economic
development. It was to advise and suggest on existing legislation and
regulation and administrative machinery and also for promoting and
strengthening environmental research, education and awareness. The NCEPC
in its existence of eight years (1972-80) provided a major thrust in
environmental planning, approval of projects in selected sectors, human
settlement planning, surveys of wetlands and spread of environmental
awareness and research7.
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Comprehensive reviews and reformation
of some of the prevalent Central and State Acts such as the
Insecticides Act, 1968; the Water (Prevention and Control of
Pollution) Act, 1974; and the India Forest Act (1972).
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New legislation for areas of action not
covered by the present laws (such as those concerning toxic
substances).
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The introduction of “Environment
Protection” in the Concurrent List of the seventh Schedule.
The committee, inter alia, recommended
establishment of a separate Department of Environment, accepting these
recommendations, Department of Environment was set up on November 1, 1980 by
the Government, assigning it the following functions:
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To act as a nodal agency for
environmental protection and eco-development in the country.
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To carry out environmental appraisal of
development projects through other ministries/agencies as well as
directly.
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To have administrative responsibility
for:
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Pollution monitoring and regulation.
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Conservation of critical ecosystems
designated as Biosphere Reserves.
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Conservation of marine ecosystem.
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Preparation of an annual” State of
Environment Report” for the Country.
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Establishing an Environmental Information
and Communication System to propagate environmental awareness through the
mass media.
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To sponsor environmental research.
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Arranging public hearings or conferences on
issues of environmental concerns.
References
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