ENVIRONMENTAL PROTECTION LAWS IN INDIA: IMPLEMENTATION AND CHALLENGES

Abstract

India, like any other developing economy, has one of the most comprehensive statutory systems for environmental protection, with a strong base in the constitutional principles, a fairly thick layer of central legislation and an unusually proactive judiciary, which has, over the past four decades, made environmental protection an integral part of the fundamental right to life. In spite of that, serious air and water pollution, uncontrolled forest utilization, unscientific disposal of solid wastes and frequent industrial accidents indicate that the gap between legislated as well as implemented efforts is wide. The paper looks into that dearth in light of five thematic lenses: constitutional and legislative bedrock of Indian environmental law; the evolution of doctrine in Indian law – the precautionary principle, the polluter pays principle, the public trust doctrine and absolute liability; institutional framework of enforcement such as the State Pollution Control Boards and the National Green Tribunal; law and practice of conservation of forests, wildlife and biodiversity; and new challenges in the era of environmental change – climate change, environmental impact assessment reform and industrial pollution. On the basis of such and other, important cases that have defined Indian environmental law, this paper proposes that the primary problem of Indian environmental law is one of implementation and institutional capacity and that this requires a strengthening of regulatory agencies, enforcement of judicial mandates and balancing the development agenda with the ecological constraints.