Men
are both creator and builder of this environment, which gives him physical
sustenance, protection and affords every human an opportunity for physical,
moral, social and spiritual growth. In the long and tortuous evolution of the
human race on this planet a stage has been reached when, through the rapid
industrialization, modernization and globalization, there has been an acceleration
of science and technology. Man has acquired the power to transform his
environment in countless ways and on an unprecedented scale. Both aspects of
man's environment, the natural and the man-made, are essential to his
well-being and to the enjoyment of basic human rights the right to life itself.[1]
Man
must plant his actions in such a way that they do not cause degradation of
environment. Proper and prudent care should be taken to protect the environment
and abate the environmental pollution. All these centuries the actions of man
caused massive and irreversible damage to the environment.[2]
Man cannot afford to cause harm to the earth or to its biodiversity as he has
to live here on earth. He cannot afford to dig his own grave. With an
understanding between the developed and developing countries, with advanced
technical knowledge man can achieve for himself and to the posterity better
environment. What is needed is an enthusiastic but calm state of mind and
intense but orderly work. For the purpose of attaining freedom in the world of
nature, man must use knowledge to build, in collaboration with nature, a better
environment.[3]
To defend and improve the human environment for present and future generations
has become an imperative goal for mankind-a goal to be pursued together with,
and in harmony with, the established and fundamental goals of peace and of
worldwide economic and social development.[4]
A country should adopt relevant environmental
safeguards, designed to protect their limited resources. India too adopted
several provisions, they are:
The
Wild Life (Protection Act), 1972 came into existence in the month of
September, after the UN General Assembly Conference on Human Environment in June
1972, it is not in compliance with the principles laid down at the conference.
This Act was amended in 1991 and in 1996. The Rules came into being in 1995.
Under this Act every State has to constitute a Wild Life Advisory Board.
Certain areas are to be declared as sanctuaries and National Parks. This is Act
is basically for the protection of animals, plants and birds which live in
forests. Hunting of the wild animals is permitted only when such animals become
dangerous to the human beings or it becomes diseased beyond recovery.[5]
Water (Prevention and Control of Pollution)
Act, 1974. The objective of the Act was to provide for the
prevention and control of water pollution and the maintaining or restoring of
wholesomeness of water and establishing Boards for the Prevention and Control
of Water Pollution for carrying out these purposes and conferring on and
assigning to such Boards powers and functions relating thereto and for matters
connected therewith.
This
Act was followed by the Water
(Prevention and Control of Pollution) Cess Act, 1977. The objective of this
Act was to levy and collect cess on water, which was consumed by persons
carrying on certain industries and by local authorities with a view to augment
the resources of the Central Board and the State Boards for the prevention and
control of water pollution. The objective of the Act was to provide prevention,
control and abatement of air pollution .This Act basically aimed at the
industrial pollution and automobile pollution.
Environment (Protection) Act
came in to existence in 1986, after 14 years of Stockholm Conference on Human
Environment. The environment protection act has been created with following
objectives:
1.
Protection of the environment
2. Improvement of environment
3.
Prevention of hazards to human beings, other living creatures, plants and
property.
This
is an umbrella legislation, which covers rules and regulations dealing with the
environmental protection are the subsidiaries of this Act. It relates to the
protection and improvement of environment and the prevention of hazards to Human
beings, other living creatures, plants and property.[6]
Besides the enactment of these
acts, several constitutional safeguards have also been enunciated under the
constitution of for the protection of environment.
Article 14
of the Indian Constitution envisages that the State shall not deny to any
person equality before the law or the
equal protection of the laws within the territory of India. This
corroborates with the Principle 1 of UN conference on Environment. Article 14 provides for fundamental right to
freedom, equality and adequate conditions of life, in an environment of
aquality that permits a life of dignity and well-being, and he bears a solemn
responsibility to protect and improve the environment for present and future
generations.[7]
48A.
Protection and improvement of environment and safeguarding of forests and wild
life. The State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country.
Article 51 A (g)
guaranteed to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures.
[1] Leelakrishnan, Environmental Law in India, Lexis Nexis Butterworths Wadhwa,
Nagpur, Third Edn., 2008.
[2]
http://www.unesco.org/mab/mabProg.shtml
[3] Law relating to Environmental
Pollution and Protection: Dr. N. Maheswara Swamy p. 107
[4]
http://greenbusinesscentre.com/environlegis.asp
[6] Shyam Divan
& Armin Rosencranz, Environmental Law
and Policy in India, Oxford University Press, Fifteenth Impression, 2013.
[7] UN Conference on Human
Environment held at Stockholm between5th -16th June, 1972.
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