HISTORY OF ENVIRONMENTAL PROTECTION IN INDIA The History of the evolution of Law to handle pollution and other environmental problems in India can be studied under the four periods; 1. 2. 3. 4.
In Ancient India In Medieval India During the British period; and The post Independence period.
ENVIRONMENTAL PROTECTION IN ANCEINT INDIA In the Hindu theology forests, wildlife, trees were held to be in high esteem and given high respect. A detailed description of trees, plants and wildlife and their importance to people was given in Vedas, puranas and Upanishads. The Rig Veda highlighted the potentialities of nature in controlling the climate, increasing fertility and improvement of human life emphasizing for intimate kinship with nature. Atharva Veda considered trees as abode of various gods and goddesses. Yajur Veda emphasized that relationship with nature and animals should not be that of dominion and subjugation but of mutual respect and kindness. The Hindu society was conscious of adverse environmental effects caused by deforestation and extinction of animal species. As the cutting of trees was prohibited during the Vedic period and there was a penalty for cutting trees under Yajnavalkya Smriti. Many instructions for the use and maintenance of water were given in Charak Samhita. There also existed a relationship of mutual respect and kindness between Animals and humans. Ancient Hindu Scriptures strictly prohibited the killing of birds and animals. In Yajur Veda it is said that no person should kill animals, but being helpful to all and by serving them, should obtain happiness. Environment protection has been an important facet of Hindu way of life, the civilization of Mohenjodaro, Harappa lived in consonance with its ecosystem, small population and their needs, maintained the harmony with environment. The Mauryan period was the most glorious chapter of the Indian History from environmental protection point of view. It was in this period detailed and perspective legal provisions were found in Kautilya‟s Arthashastra. The necessity of forest administration was realized, the state assumed functions of maintenance of forest, regulation of forest produce and protection of wild life during the Mauryan reign.
Under Arthashastra various punishments were prescribed for cutting trees, damaging forests, and for killing animals etc. Wild life in sanctuaries enjoyed complete protection from being killed except when they turn harmful. There were also punishments prescribed for causing of pollution and uncivic sanitation.
To sum up ancient India had a philosophy of environmental management enshrined in old injunctions as they were contained in many scriptures. Abuse and exploitation of nature for immediate gains was considered unjust, irreligious and against environmental ethics of Hindu culture.
ENVIRONMENTAL PROTECTION IN MEDIEVIAL INDIA From the point of view of environment conservation , a significant contribution of Moghul emperors has been the establishment of magnificent gardens, fruit orchards and green parks round about their palaces, central and provincial headquarters, public places, on the banks of the rivers and valleys and dales which they used as holiday resorts or places of retreat or temporary headquarters during summers. Among the officials empowered for administration of justice by the Sultans and emperors of India, „Muhtasibs‟ were vested with the duty of prevention of pollution. Though the Moghul emperors were great lovers of nature they didn‟t make any attempts to conserve forest. To the Moghul emperors the forests were just wooded lands where they could hunt, for their governor‟s they were properties which generated revenue. A few species of trees enjoyed patronage and were called as „royal trees‟ and had a restriction on being cut. However, there was no restriction in cutting of other trees. In the absence of any protective management, forests shrank during this period. The waste and forestlands were treated as open access resources. Untrammeled use of forest and other natural resources however did not mean that they could be used or misused by one and all without any restraints. Rather the resources were quite effectively managed with the help of complex range of rules and regulations woven around the socio cultural and economic activities of the local communities.
ENVIRONMENTAL PROTECTION DURING THE BRITISH RULE IN INDIA Early days of British rule in India were days of plunder of natural resources. There was total indifference to the needs of forest conservancy. They caused a „fierce onslaught‟ on India‟s forests; it was due to the increasing demands for military purposes, for British Navy, for local construction, supply of teak and sandalwood for export trade etc. The British Government started exercising control over forests in the year 1806 when a commission was appointed to enquire into the availability of teak in Malabar and Travancore by way for appointment of Conservator of forests. This move failed as the conservator plundered the forest wealth instead of conserving it. The second half of the 19th century marked the beginning of an organized forest management in India with some administrative steps taken to conserve forest; the formulation of forest policy and legislations to implement the policy decisions. The systematic management of forest resources started with the appointment of first Inspector General of Forest in 1864. The task of forest department under the Inspector gen. was that of exploration of resources,
demarcation of reserves, protection of forests etc. The objective of management of forests thus changed from obtaining timber to protection and improvement of forests. Forest Act, 1865 was enacted as the 1st step of the British govt. to assess the state monopoly right over the forest. The Act was revised in 1878 and extended to most of the territories under British rule. It expanded the powers of the state by providing for reserved forest, which was close to people and by empowering the forest administration to impose penalties for any transgression of the provision of the Act. On 19th October 1884, the British Govt. declared its first Forest Policy with the following objectives: 1. Promoting the general well being of the people in the country; 2. Preserving climatic and physical conditions in the country; and 3. Fulfilling the need of the people. This policy also suggested classification of forest into various categories such as 1. 2. 3. 4.
Forests, preservation of which was essential on climatic and physical grounds; Forests which offered a supply of valuable timber for commercial purposes; Minor forests which produced only the inferior sorts of timber; and Pastures which were forests only in name.
To implement the forest policy of 1884, the Forest Act of 1927 was enacted. Apart from the management of forest resources the British Government also concentrated on certain other areas like water pollution, air pollution, wildlife and land use by enacting numerous legislations. Some of the important legislations made by the British Govt. were IPC (1860), Indian Easement Act (1862) etc. which contained provisions for the regulation of water pollution and also prescribed punishments for the violation of these legislations. For controlling Air pollution the British Govt. enacted Bengal Smoke Nuisance Act (1905) and Bombay Smoke Nuisance Act (1912). For protection of Wildlife the British Govt. made provisions like The Elephant’s Preservation Act (1879), The Wild Birds and Animals Protection (1912) aimed at the conservation of Biodiversity. British Government enacted various provisions for prevention of pollution and for conservation of natural resources. Though it is pointed out that the British enacted the legislations to earn revenue and not conserve environment. But then also the legislations can be regarded as the 1 st step towards conservation of natural resources. Though made with ulterior motives these legislations have contributed significantly to the growth of environmental jurisprudence in India.
ENVIRONMENTAL PROTECTION DURING THE POST INDEPENDENCE ERA The post independence era witnessed a lot of changes in the policies and attitudes of the Governments with respect to environmental protection. The Constitution of India came into force on 26th January 1950, had few provisions regarding environmental management. Article 39(b) provides that “the state shall direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to sub serve the common good”. Article 47 provides that the State shall regard the rising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. Article 48 direct that “the State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle. Article 49 directs that “it shall be the obligation of the State to protect every monument or places or object of artistic or historic interest, declared to be of national importance, from spoliation, disfigurement, destruction, removal, and disposal or export as the case may be”. From the above articles, one can understand that the COI was not environmentally blind, though the word environment was not expressly used in the Constitution; the object of the above articles is to conserve the natural resources and to protect the natural environment. Van Mahtsava, National Festival of planting trees was adopted in 1950, with an object to create mass awareness about the value of forests in human well being. National Forest Policy was formulated for the purpose of proper management of forests of the country and to maximize the benefits of forests formed in the year 1952. The Pitambar Pant Committee on Human Environment was set up to prepare a report on the state of environment for representation at the United Nations Conference on Human Environment held at Stockholm in 1972. The year 1972 was a landmark year in the history of Environmental Management in India, because the Stockholm conference was held in Stockholm. The views expressed in the conference influenced many policies in India. In the year 1972 on the recommendation of the Pitambar Pant committee, NCEPC (National committee on Environmental planning and coordination) was set up in Dept. of Science and technology to plan and coordinate environmental programs and policies and advise various ministries in matters relating to environment protection. In 1972, Wild life (protection) Act was enacted for protection of „wild animals, birds and plants‟ and to prevent the hunting; control trade in wild life products. In 1973, centrally sponsored scheme “Project Tiger” was launched to ensure maintenance of population of tigers in India.
In 1974, the Water (Prevention and Control of Pollution) Act was passed for the purpose of prevention and control of water and for restoring wholesomeness of water. The Act also provides for Pollution Control Boards. In 1976, the COI was amended by the 42nd Amendment Act, two new articles were added in Part IV and part IV- A of the COI. The newly added A-48a directs the State that „the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country. In the Part IV-A a list of Fundamental duties of citizens of India was prescribed. In 1980, The Tiwari Committee was formed under the Chairmanship of Deputy Chairman of the Planning Commission Mr. N.D. Tiwari. The report of this committee suggested a number of administrative and legal measures for environmental protection. Based on its recommendations, the Government of India set up a Department of Environment with effect from November 1, 1980. In April 1981, National Committee on Environmental Planning was constituted for preparing annual „State of Environment‟ Report. The eighties witnessed the creation of many ecospecific organisations like: Botanical Survey of India, National Museum of Natural History, Zoological Survey of India etc. In 1981, the Air (Prevention and Control of pollution) Act was enacted to provide prevention, control and abatement of air pollution. In January 1985, the Department of Environment became part of a new Ministry of Environment and Forests. It consisted of two departments, viz., the Department of Environment and the Department of Forests & Wildlife. In 1986, ‘Environment (Protection) Act was made to empower the Central Government to take all necessary measures to protect and improve the environment and to prevent hazards to human beings, other living creatures, plants and property. In 1987, the Govt. formulated the “National Water Policy” with the object to develop, conserve, utilize and manage the water resource as the water resource is scarce and precious and utmost national importance. In 1988, the ‘National Forest Policy’ was formulated with the aim of ensuring environmental stability and maintenance of ecological balance. In the year 1991-92, ‘The Project Elephant’ was launched aiming at ensuring long term survival of identified viable population of elephants and tackling problematic elephant populations causing serious depredation. In 1995, the National Environment Tribunal Act was enacted to provide for strict liability for damages arising out of any accidents occurring while handling any hazardous substance.
In 2000, the Central Government by virtue of powers conferred on it by the Environment (Protection) Act, 1986 made the following rules; 1. 2. 3. 4.
The Noise Pollution (Regulation and Control) Rules, 2000; Ozone Depleting Substances (Regulation and Control) Rules, 2000; The Municipal Solid Wastes (Management and Handling) Rules, 2000; and Batteries (Management and Handling) Rules, 2001.
Apart from the above eco-specific legislations, realizing that there is no comprehensive legislation dealing with bio-diversity in India, and to fulfill its international obligation under Convention on Bio-Diversity (CBD), the Govt. of India has enacted the Biological Diversity Act 2002.
