Legal Resources | Legal Bay

Environment Laws in India

“A nation that destroys its soils destroys itself. Forests are the lungs of our land, purifying the air and giving fresh strength to our people.”
― Franklin D. Roosevelt

The Earth is part and soul of oneself and it’s the duty of the earth dwellers to protect their home.

Environmental laws in India has largely been influenced by several International agreements and the State’s commitment to protect and conserve nature. Soon after the Stockholm Conference in 1976, the Constitution (Forty-second Amendment) Act, 1976 inserted part IV-A (Article 51 A) into the Constitution of India. As per Article 51 A (g) "It shall be the duty of every citizen of India … (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;"

The Hon’ble Apex Court has held in Rural Litigation and Entitlement Kendra v. State of U.P.[1], “Preservation of environment and keeping the ecological balance unaffected is a task which not only Government but also very citizen must undertake. It is a social obligation and let is remind every citizen that it is his fundamental duty as enshrined in Article 51-A (g) of the Constitution”

Also to be noted is Art. 48A of the Constitution of India where the state’s commitment to the protection and conservation of the environment is highlighted with the words: "The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country."

The right to life and the right to livelihood as enshrined under Article 21 also includes the right to environment under the Constitution. Thereby, the Constitution lays down the foundation for the existence of Environmental laws in India.

There are several legislations pertaining to environment in India. Those include:-

1. The Environment (Protection) Act, 1986

The main objective of this Act is the protection protection of the environment and its improvement. The Environment Protection Act establishes a framework for investigating, planning, and executing long-term environmental safety regulations, as well as a system for quick and adequate response to environmental threats.

2. The Water (Prevention and Control of Pollution) Act, 1974

This is India's first law aimed at ensuring that pollutants are not released into rivers and lakes without being properly treated. Pollution Control Boards were established at the federal and state levels to define and enforce regulations for factories that discharge pollutants into water bodies.

3. The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act of 1981 was enacted to address issues in connection with air pollution prevention, control, and abatement in India. It is a specialised piece of legislation that was enacted to take proper steps for the protection of the earth's natural resources, which includes, among other things, air quality preservation and pollution control.

4. The Wildlife Protection Act, 1972

The Wild Life (Protection) Act of 1972 was enacted with the goal of efficiently conserving the country's wild life and controlling poaching, smuggling, and illicit wildlife and derivatives trade. The Act was revised in January 2003, making the penalties and punishments for violating the provisions of the Act more severe.

5. Public Liability Insurance Act, 1991

The Public Liability Insurance Act of 1991 was enacted with the goal of compensating victims of accidents resulting from the handling of any dangerous chemical.

6. The Forest Conservation Act, 1980

The Forest Conservation Act of 1980 was passed in order to aid in the conservation of the country's forests. It prohibits the de-reservation of forests or the use of forest land for non-forest purposes without prior authorisation from the Central Government.

7. The National Environment Tribunal Act, 1995

This Act aims to establish strict liability for damages arising from any accident occurring while handling any hazardous substance, as well as establishing a National Environment Tribunal for the effective and expeditious resolution of cases arising from such accidents, with the goal of providing relief and compensation for damages to persons, property, and the environment, as well as matters related thereto.

[1] AIR 1987 SC 359, 364

Advocate Aruna is the best lawyer in Kerala. Best lawyer in high court of Kerala. Best Advocate in High Court of Kerala. Top lawyer in Kerala. She is the best service lawyer. Best lawyer for entrance related issues. Best advocate for filing writ petition.

Does Kerala Provides Economic Reservation?

Articles 15(4), 15(5) and 15(6) along with the Article 16(4) and 16(6) of the Constitution of India are the basis of reservation in India. The main focus of caste based reservation is on two aspects:

Advancement of the Scheduled Castes, Scheduled Tribes, other backward classes of India.
Reasonable representation of Scheduled Castes, Scheduled Tribes, other backward classes of India in government services.

Reservation aims to bridge the gap which has been formed through years of oppression of the lower castes in India. This is aimed to be achieved by positively discriminating them and uplifting them in the society.

The Constitution (103rd Amendment) Act, 2019 introduced the system of economic reservation. This reservation brings in a 10% quota for economically disadvantaged upper castes in the government services and educational institutions in the pre-existing reservation policy.

This change will bring in forward caste members who are economically unsound into the reservation system thus offering an opportunity for them to better themselves. While the reservation with regard to SC, ST are available with the procurement of a caste certificate, both OBC and EWS has to ensure that they are not part of the creamy layer of the society.

It is pertinent to not that the question of constitutional validity of economic reservation is under consideration of the Hon’ble Supreme Court of India.

In Kerala, the government had decided to bring in the current amendment into effect, through a notification and providing 10% economic reservation for government appointments and admission to educational institutions.

Right to Education in India

“Education is the most powerful weapon which you can use to change the world”

– Nelson Mandela.

Education is a fundamental Human Right which is the root of all potential for the development of mankind. It is a necessary tool for the eradication of the all kinds of evil in the society.

The right to education has been recognized as a basic human right and a fundamental right internationally. The Universal Declaration of Human Rights, 1948; the International Covenant on Economic Social and Cultural Rights, 1966 and the Convention on the Rights of the Child, 1989 etc. contain elaborate provisions regarding right to education.[1]

Articles 41, 45 and 46 of the Constitution of India also highlights the importance of providing education. The Hon’ble Apex Court has held in Unni Krishnan v. State of A.P.[2], as follows:-

“A true democracy is one where education is universal, where people understand what is good for them and the nation and know how to govern themselves. The three articles 45, 46 and 41 are designed to achieve the said goal among others. It is in the light of these Articles that the content and parameters of the right to education have to be determined. Right to education understood in the context of Articles 45 and 41, means (a) every child/citizen of this country has a right to free education until he completes the age of fourteen years, and (b) after a child/citizen completes 14 years, his right to education is circumscribed by the limits of the economic capacity of the State and its development.”

As per Article 21A, which was added to the Constitution vide Constitution (Eighty Sixth Amendment) Act, 2002 mandates that, "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine".

The right to education flows from the right to life itself. The right to life and dignity of an individual cannot be assured unless it is accompanied by the right to education.[3] The Right of Children to free and Compulsory Education Act, 2009 popularly known as The Right to Education Act (RTE) ,is an important legislation enacted to ensure the right to education of children are protected. According to teh said Act, all children between the age of six and fourteen be given free and compulsory education. It also aims at making sure among other things that, all children have a right to admission in their neighbourhood school.

[1] Expanding Horizons of Human Right to Education: Perspective on Indian and International Vision, 52 JILI (2010) 34 at page 35

[2] (1993) 1 SCC 645

[3] Mohini Jain v. State of Karnataka (1992) 3 SCC 666

The Kerala Conservation of Paddy and Wetland Act, 2008: An Overview

The Kerala Conservation of Paddy and Wetland Act, 2008[1] was brought into place in order to tackle the alarming issue of depletion of paddy lands and wetlands in the State. The Act received the assent of the Governor on 11.08.2008 and was published as a Notification No. 19661/Leg. A1/2007/Law on 12.08.2008.

The Act is sought to protect and conserve the paddy and wetlands, and thereby to restrict any conversion of the such lands to promote agricultural growth, to ensure food security and to sustain the ecological system in the State of Kerala.

As per Sec. 2 (xii) of the Act, ‘paddy land’ is described “…..all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals;”. In the case of Adani Infrastructure & Developers Pvt. Ltd. Mumbai and Others Vs. State of Kerala and Others[2], the Hon’ble Kerala High Court held that unsuitability of not being cultivated and left fallow cannot be a reason to exclude such lands from the definition of ‘paddy lands’. Also, as per Sec. 2 (xvii) of the Act, "wetland" is described as “….land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterized by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers;”

The Act prohibits conversion or reclamation of paddy land and reclamation of wetlands vide Sec. 3 and Sec. 11 respectively. The Act is applicable only for paddy and wetlands. No conversion or reclamation of paddy land and wet land along with the removal of sand thereof is permissible except in accordance with the provisions of the Act.[3]

The Act mandates the constitution of a Local level committee[4], a District level committee[5] and a State level committee[6].

The Act also imposes severe punishment and penalty on any person in violation of the provisions of this Act converts or reclaims any paddy land or wetland.[7] The Act also takes care of the offences committed by companies. As per the Act “…every person who, at the time when the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the Company, as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.”[8]

[1] Act 28 of 2008

[2] 2014(1) KHC 685

[3] Praveen K Vs. Land Revenue Commissioner, Thiruvananthapuram and Others 2010 (2) KHC

[4] Sec. 5

[5] Sec. 9

[6] Sec. 8

[7] Sec. 23

[8] Sec. 24

Kerala Public Service Commission (KPSC) and reporting of vacancies

The Kerala Public Service Commission is an establishment created by the Constitution of India. The Public Service Commission plays the role of advising the Government of Kerala on matters in connection with civil services mentioned in Article 320 (3) of the Constitution. It also conducts recruitment/ selection to various posts in Government Departments, Public Sector Undertakings etc. as per the requisitions made by the appointing authorities,

The Public Service Commission will publish ranked lists for advising candidates for appointment to the posts concerned. Often we all come across the news of candidates included in the ranked lists staging protests etc. in front of the Secretariat for reporting of the vacancies to Public Service Commission before expiry of ranked list. It is also common for persons included in the ranked lists approaching High Court of Kerala or Kerala Administrative Tribunal seeking issuance of direction to the employer to report vacancies on time to the Public Service Commission.

It is pertinent to note that, the Public Service Commission can issue advise to a candidate only against a vacancy which was reported to it and pending with it before the expiry of a particular ranked list. No candidate can seek advise against a vacancy which was reported after the expiry of the ranked list in which he/she is included. Therefore, it is quite common for the candidates to seek interim orders from the court/tribunal for a direction to provisionally report the vacancies before the expiry of the ranked list