Law Of Environment In India: Problems And Challenges In Its Enforcement
Keywords:Environmental Protection,, Air Pollution, Water Pollution,, Public Interest Litigation,, Constitution of India,, National Green Tribunal and Judiciary.
There is no deficiency of available legislations on environmental protection in India but enforcement of these legislations has been far from satisfactory. There is urgent need for the effective, successful and well–organized enforcement of the Constitutional mandate and other environmental legislations or laws in India. The creative and innovative role of India Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. Pursuant to the provisions contained in Articles 48–A and 51–A[h] of the Indian Constitution, various Public Interest Litigations have been instituted in the Supreme Court against several industries for failing to provide sufficient pollution control and also against Pollution Control Boards to direct them to take proper measures to ensure pollution control in Indian perspective. For the purpose of effective, successful and well–organized enforcement of these legislations, it is required to set up an Adjucatory Body in each State in India, which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.
Divan Shyam and Martha L. Noble , Environmental Law and Policy in India, M.N. Tripathi Pvt. Ltd., Bombay, at p. 25.
These Articles Inserted by the Constitution [42nd Amendment] Act, 1976.
The Indian Forest Act, 1927; the Factories Act, 1948 and the Atomic Energy Act, 1962.
Bhavani River v. Sakthi Sugar Limited AIR 1998 SC 2059.
M.C. Mehta v. Union of India AIR 1998 SC 2963.
Anupama Minerals v. Union of India and Ors AIR 1986 AP 225.
Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh AIR 1988 SC 1037.
Subhash Kumar v. State of Bihar AIR 1991 SC 420; M.C. Mehta v. Union of India AIR 2000 SC 1997.
M.C. Mehta v. Union of India AIR 1987 SC 1086.
M.C. Mehta v. Union of India AIR 1999 SC 3192; See also, M.C. Mehta v. Union of India  9 SCC 520.
Murli S. Deora v. Union of India  3 SCC 765.
Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh AIR 1985 SC 652.
AIR 1989 SC 171.
M.C. Mehta v. Union of India  4 SCC 351.
AIR 1980 SC 1622.
AIR 2000 SC 1256.
B.L. Wadehra v. Union of India AIR 1996 SC 2969.
AIR 1996 SC 2715.
M.C. Mehta v. Union of India  1 Camp L.J. 199 [SC].
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