Environmental Protection Act

Introduction

The Environmental Protection Act (EPA) of 1986 is a significant

legislative measure in India aimed at safeguarding the environment
from pollution and deterioration. Prior to the enactment of the EPA,
environmental protection efforts in India were somewhat fragmented.
In 1980, the Department of Environment was established, which was
later converted into the Ministry of Environment and Forests in 1985.
The Air (Prevention and Control of Pollution) Act of 1981 was an
earlier attempt to control pollution, but the need for a more
comprehensive legislative framework was felt, leading to the
formulation of the EPA.

The primary objective of the EPA is to take appropriate steps for the
protection and improvement of the environment, and to prevent
hazards to human beings, other living creatures, plants, and property.
The Act defines “environment pollution” as the presence of any
environmental pollutant in the environment, and “environment
pollutant” as any solid, liquid, or gaseous substance present in such
concentration as may be, or tend to be, injurious to the environment.

Objectives of the Environmental Protection Act

The Environmental Protection Act, 1986, was passed with several key
objectives in mind:
 1. Implementation of International Decisions: The Act was
enacted to implement the decisions made at the United Nations
Conference on the Human Environment held in Stockholm in
June 1972.
2. Creation of Authority: It aimed to create authorities for
government protection and coordinate the activities of various
regulatory agencies under existing laws.
3. General Laws for Environmental Protection: The Act was
designed to enact general laws for environmental protection,
especially in areas facing severe environmental hazards.
4. Deterrent Punishment: It sought to provide deterrent
punishment to those endangering the human environment,
safety, and health.
5. Sustainable Development: The Act promotes sustainable
development, which includes achieving its objectives and
protecting life under Article 21 of the Indian Constitution.
Powers of the Central Government

The EPA grants significant powers to the Central Government to take

measures for the protection and improvement of the environment.
These measures include:

1. Laying Down Standards: The Central Government can lay

down standards for the quality of the environment.
2. Coordination of Actions: It coordinates actions with state
officers and other authorities under any law.
3. National Programmes: It oversees the execution and proper
planning of national programmes for the prevention, control,
and abatement of environmental pollution.
4. Restrictions on Industries: It can impose restrictions on the
location of industries and the carrying out of processes and
operations in different areas.
5. Accident Prevention: It lays down procedures and safeguards
for the prevention of accidents that may cause environmental
pollution and provides for remedial measures.
 6. Handling Hazardous Substances: It establishes procedures and
safeguards for handling hazardous substances.
7. Examination and Inspection: It examines manufacturing
processes, materials, and substances likely to cause
environmental pollution and has the power to inspect premises,
equipment, and materials.
8. Information Dissemination: It collects and disseminates
information related to environmental pollution and prepares
manuals, codes, and guides for controlling pollution.
9. Establishment of Laboratories: It establishes laboratories for
the effective implementation of the Act.
10. Authorization of Authorities: Under Section 3 of the Act,
the Central Government can authorize or constitute other
authorities for implementing its powers and duties.
Case Law: Vellore Citizens’ Welfare Forum v. Union of India

In the landmark case of Vellore Citizens’ Welfare Forum v. Union of

India, the Supreme Court directed the Central Government to
constitute an authority under Section 3(3) of the EPA to implement
powers for protecting the environment. The Court emphasized the
importance of implementing the “precautionary principle” and the
“polluter pays principle” to combat environmental degradation.

Power to Give Directions

The EPA empowers the Central Government to issue written

directions to any person or officer, who must comply with these
directions. These powers include:

1. Closure or Regulation of Industries: The Central Government

can direct the closure, prohibition, or regulation of any industry
or its operational processes.
2. Stoppage or Regulation of Services: It can order the stoppage
or regulation of the supply of electricity or other services to any
industry or process that is polluting the environment.
Key Provisions of the Environmental Protection Act
The Environmental Protection Act, 1986, is a comprehensive
legislation that encompasses various provisions aimed at
environmental protection. Some of the key provisions include:

1. Definition of Key Terms: The Act defines crucial terms such as

“environment”, “environmental pollutant”, “environmental
pollution”, “hazardous substance”, and “occupier”, providing
clarity on their scope and implications.
2. General Powers of the Central Government: It outlines the
general powers of the Central Government, enabling it to take
necessary measures for environmental protection and
improvement.
3. Prevention and Control of Pollution: The Act specifies the
measures for preventing and controlling pollution, including
laying down standards for emissions and effluents, and
establishing procedures for the handling of hazardous
substances.
4. Penalties and Legal Proceedings: The Act provides for
penalties and legal proceedings against those who violate its
provisions, ensuring accountability and enforcement.
5. Environmental Laboratories: It includes provisions for the
establishment and recognition of environmental laboratories to
carry out analysis and testing of samples.
6. Environmental Impact Assessment: The Act emphasizes the
need for conducting environmental impact assessments for
certain projects and activities to evaluate their potential impact
on the environment.
Sustainable Development and the Environment Protection Act

One of the significant aspects of the Environmental Protection Act,

1986, is its emphasis on sustainable development. The concept of
sustainable development involves meeting the needs of the present
generation without compromising the ability of future generations to
meet their own needs. The Act aligns with this principle by promoting
environmental conservation and responsible use of natural resources.
The Act recognizes that sustainable development is essential for
achieving its objectives and protecting the fundamental right to life
under Article 21 of the Indian Constitution. This right includes the
right to a healthy environment, clean air, and safe drinking water. By
incorporating sustainable development principles, the Act aims to
balance economic growth with environmental protection.

Role of Environmental Impact Assessment (EIA)

Environmental Impact Assessment (EIA) is a critical tool for

achieving the objectives of the Environmental Protection Act, 1986.
EIA involves evaluating the potential environmental impact of
proposed projects and activities before they are approved or
implemented. It helps identify and mitigate adverse effects on the
environment, ensuring that development projects are environmentally
sustainable.

The EIA process includes several stages, such as screening, scoping,

public consultation, impact analysis, and decision-making. By
conducting EIAs, the government can make informed decisions,
minimize environmental damage, and promote sustainable
development.

Implementation Challenges and Recommendations

Despite the comprehensive framework provided by the Environmental

Protection Act, 1986, several challenges hinder its effective
implementation. Some of these challenges include:

1. Lack of Awareness: There is often a lack of awareness among

the general public and industries about the provisions of the Act
and their responsibilities towards environmental protection.
2. Inadequate Enforcement: The enforcement of environmental
laws and regulations is sometimes weak due to limited
resources, lack of trained personnel, and bureaucratic hurdles.
 3. Industrial Resistance: Industries may resist compliance with
environmental standards and regulations due to perceived high
costs and potential impacts on profitability.
4. Judicial Delays: Legal proceedings related to environmental
violations can be time-consuming, leading to delays in
achieving justice and remediation.
To address these challenges and improve the implementation of the
Environmental Protection Act, 1986, the following recommendations
are proposed:

1. Awareness Campaigns: Conducting awareness campaigns and

educational programs to inform the public, industries, and other
stakeholders about the importance of environmental protection
and compliance with the Act.
2. Strengthening Enforcement: Enhancing the capacity and
resources of enforcement agencies to ensure strict compliance
with environmental regulations and timely action against
violators.
3. Industry Collaboration: Encouraging industries to adopt
environmentally sustainable practices and technologies through
incentives, support, and collaboration.
4. Judicial Reforms: Implementing judicial reforms to expedite
the resolution of environmental cases and ensure timely justice
and remediation.
5. Public Participation: Promoting public participation and
involvement in environmental decision-making processes, such
as public consultations during the EIA process.

Conclusion

The Environmental Protection Act, 1986, is a landmark legislation in

India aimed at protecting and improving the environment. It provides
a comprehensive framework for preventing and controlling
environmental pollution, promoting sustainable development, and
ensuring accountability for environmental violations. The Act
empowers the Central Government to take necessary measures for
environmental protection and grants significant powers for enforcing
its provisions.

The implementation of the Environmental Protection Act, 1986, faces

several challenges, including lack of awareness, inadequate
enforcement, industrial resistance, and judicial delays. However,
through awareness campaigns, strengthened enforcement, industry
collaboration, judicial reforms, and public participation, these
challenges can be addressed, leading to more effective environmental
protection.

Overall, the Environmental Protection Act, 1986, plays a crucial role

in safeguarding the environment and promoting sustainable
development in India. It is essential for all stakeholders, including the
government, industries, and the public, to work together towards
achieving the Act’s objectives and ensuring a healthy and sustainable
environment for present and future generations.

AIR: Prevention And Control of Pollution, Act 1981

The Act specifically empowers State Government to designate air

pollution areas and to prescribe the type of fuel to be used in these
particular areas and according to this Act, no person can operate
certain types of industries including the asbestos, cement, fertilizer
and petroleum industries without consent of the State Board.

Decisions were taken at the United Nations Conference on the Human

Environment held in Stockholm in June, 1972, in which India
participated, to take suitable steps for the preservation of the natural
resources of the Earth which, amid other things, include the
preservation of the quality of air pollution.

The Government passed this Act in 1981 to clean up our air by

controlling pollution and this Act also safeguards controlling the level
of air pollution. Accordingly, the Indian government enacted exact
laws under Article 253 of the Constitution for the preservation of
natural resources and the law enacted for air preservation as this act
applies to Whole of India.

The dominant factor for air pollution is the emergence of India

pollutants, discharge of automobiles, smoke etc. and the polluted air
case diseases like tuberculosis, lung cancer, asthma, bronchus, etc.
and see is very dangerous pollutant which grows due to combination
of smoke. It affects not only human health but likewise materials and
plants. The part of the body which is affected maximum by smog is
respiratory system.

AIR: Prevention And Control Of Pollution, Act 1981

It is mixture of gases that forms earth's atmosphere and it contains
20.95% oxygen, 78% nitrogen, 0.93% orogan, 0.03% carbon-dioxide
with smallest quantities of ozone and inert gases water vapour differs
between 0 and 4% and in industrial areas sulpher gases may be
present in it and in this way it is clear that various components of air
are present in it in a definite proportion.

Fresh Air" is that air in which various constituents are present in the
scientifically recognized proportion and no such other element is
present in it rendering it unfit for use and according to scientifically
acknowledged norm in one unit of fresh air there is present 78% of
nitrogen, .03% of carbon-dioxide and 20% of oxygen.

In addition to these, there are also current in it gases like Ozone,

Hydrogen Sulfide, Sulpher-dioxide and Carbon-monoxide. If this
ratio is disturbed owed to presence of any foreign substance in it the
air cannot be said to be fresh air rather it would be polluted or
contaminated air, unfit for use and air is also polluted by foul.

This is the Act that provide for the prevention, control and abatement
of air pollution, for the establishment, with a view to carrying out
these purposes, of Boards, for conferring on and assigning to such
Boards powers and functions connecting thereto and for matters
connect therewith.

An Act to provide for the prevention, control and abatement of air

pollution, for the establishment, with a view to carrying out the
aforesaid purposes, of Boards, for discussing on and assigning to such
Boards powers and functions relating thereto and for matters
connected therewith.

Whereas decisions were taken at the United Nations Conference on

the Human Environment held in Stockholm in June, 1972, in which
India participated, to take appropriate steps for the protection of the
natural resources of the earth which, among other things, include the
preservation of the quality of air and control of air pollution; and
whereas it is careful necessary to implement the choices aforesaid in
so far as they relate to the preservation of the quality of air and control
of air pollution.

According to the World Health Organization, the capital city New

Delhi is one of the top most polluted cities in the world and as surveys
indicate that in New Delhi the incidence of respiratory disease due to
air pollution is about 12 times the national average.

The act Provides for the prevention, control and abatement of air
pollution and it makes provisions, Interalia, for Central and State
Boards, power to state pollution control areas, restrictions on certain
industrial units, expert of the Boards to limit emission of air
pollutants, power of entry, inspection, taking samples and analysis,
penalties, offences by companies and Government and cognizance of
offences etc..

Objectives Of The Act

The Air (Prevention and Control of Pollution) Act, 1981 is a
specialized legislation designed to tackle one side of environmental
pollution and the main objectives of the Act are as follows:
1. To Provide For The Prevention, Control And Abatement Of Air
Pollution.
Follow these Tips Every Day to Reduce Pollution:

o Conserve Energy:
At home, at work, everywhere and look for the ENERGY
STAR label when buying home or office equipment.

Carpool, use public transportation, bike, or walk whenever

possible and follow gasoline refueling instructions for
well-organized vapor recovery, being careful not to spill
fuel and always tightening your gas cap securely and
consider purchasing portable gasoline containers labeled
"spill-proof," where available.

Keep car, boat, and additional engines properly tuned and

be sure your tires are properly inflated and use
environmentally safe paints and cleaning products
whenever possible.

Mulch or compost leaves and yard waste and consider

using gas logs instead of wood.

o On Days when High Ozone Levels are Expected, Take

these Extra Steps to Reduce Pollution:
Choose a cleaner commute:
share a ride to work or use public transportation and
combine errands and reduce trips and walk to errands
when possible.

Avoid excessive idling of your automobile and refuel your

car in the evening when its cooler and conserve electricity
and set air conditioners no lower than 78 degrees.

Defer lawn and gardening tasks that use gasoline-powered

equipment, or wait until evening.

o On Days when High Particle Levels are Expected, Take

these Extra Steps to Reduce Pollution:
Reduce the number of trips you take in your car and
 reduce or eliminate fireplace and wood stove use and
avoid burning leaves, trash, and other materials and avoid
using gas-powered lawn and garden equipment.

2. To Provide For The Establishment Of Central And State Boards

With A View To Implement The Act.

Section 2(a) defines 'air pollutant' as any solid, liquid or gaseous

substance that may be harming or injuring the environment,
humans, other living creatures, plants or even property and
through a 1987 Amendment, the noise was also included in the
list of substances that are considered to be harmful to the
environment and therefore, this Act also provides for the
regulation of noise pollution.

Section 3 of the Water (Prevention and Control of Pollution)

Act, 1974 states that the constitution of the Central Pollution
Control Board:

o It shall have a full-time Chairman, having special

knowledge and practical expertise in matters of
environmental protection and taking knowledge and
experience in administering institutions dealing with such
matters and the Chairman will be nominated by the Central
Government.

o It shall have a full-time Secretary, who shall have the

qualifications, knowledge and experience of scientific,
engineering and management features of environmental
protection and the Secretary will be appointed by the
Central Government.

o It shall have not more than five officials nominated by the

Central Government to represent that Government and it
shall not have more than five members nominated by the
Central Government, chosen from amongst the members
 of the State Boards.

o It shall not have more than three officials who represent

the interests of the fishery, agriculture, or any other
industry or trade, which the Government may think fit to
be represented and it shall have 2 persons from the
companies or corporations, owned, managed or controlled
by the Central Government, nominated by that
Government.

Section 5(2) of the Act explains the constitution of a State

Board:

o A person, nominated by the State Government, who has

special knowledge and practical experience of dealing with
issues related to environmental protection, shall serve as
the Chairman of the State Pollution Control Board. This
Chairman may be whole-time or part-time. This decision
will be left to the discretion of the State Government.

o The Board shall further constitute of not more than five

officials, nominated by the State Government, to serve as
representatives of that Government.

o Not more than five people from the local authorities,

nominated by the State Government.

o Not more than three officials nominated by the State

Government, who are believed to be representing the
interests of the industries of fishery, agriculture or any
other industry or trade which the Central Government
thinks ought to be represented.

o Two persons from companies or corporations owned,

managed or controlled by the State Government, and are
nominated by that State Government.
 Section 6 states that in the case of Union Territories, the Central
Board shall exercise the powers of a State Board under that Act,
or it may even delegate these powers or functions to any person
or body of persons.

Therefore, we observe that while the, applies to only those

States in which it has been given effect but the Air ( Prevention
and Control of Air Pollution) Act 1981 applies to the whole of
India in the first instance.

3. To Confer On The Boards The Powers To Implement The

Provisions Of The Act And Assign To The Boards Functions
Relating To Pollution.

Functions of the Central Board:

The main functions of the Central Board shall be to improve the
quality of air and to prevent, control or abate air pollution in the
country. These are:

o To advise the Central Government on any matter

concerning the improvement of the quality of air and the
prevention, control or abatement of air pollution
o To plan and cause to be executed a nation-wide
programme for the prevention, control or abatement of air
pollution.
o To co-ordinate the activities of the State and resolve
disputes among them.
o To provide technical assistance and guidance to the State
Boards, carry out and sponsor investigations and research
relating to problems of air pollution and prevention,
control or abatement of air pollution.

Functions of the State Board:

The function of any State Board may be specified that are as
follows:
 o To plan a comprehensive programme for the prevention,
control or abatement of air pollution and to secure the
execution thereof.
o To advise the State Government on any matter concerning
the prevention, control or abatement of air pollution.
o To collect and disseminate information relating to air
pollution.
o To collaborate with the Central Board in organizing the
training of persons engaged or to be engaged in
programmes relating to prevention, control or abatement
of air pollution and to organize mass-education
programme relating thereto.
o To inspect air pollution control areas at such intervals as it
may think necessary, assess the quality of air therein and
take steps for the prevention, control or abatement of air
pollution in such areas.

Scope Of The Air (Prevention And Control Of Pollution) Act

The Air (Prevention and Control of Pollution) Act, 1981 came into
force on 16th May, 1981. It extends to the whole of India [Section 1
(2)] including Jammu and Kashmir. The statute is of general
significance and that is why Jammu and Kashmir has not been
excluded from its purview.

It will come into operation when it is proved that an activity results in

air pollution, Schedule IV of the Environment Protection Rules 1986,
framed under the Act, provides when air shall be deemed to be
polluted by smoke or vapour from motor vehicles.

The Air Act has the primary aim of providing provisions to abate and
control air pollution in the country, and sets up Boards in the centre
and the state to carry out the necessary steps to achieve this aim. The
Boards are given the power to set up regulations to ensure that air
pollution is controlled in the country. The legislation also gives the
Boards power to take action on the entities that fail to meet the air
quality standards that are set.

The Act contains 54 sections, and VII chapters. Chapter II and

Chapter III sets out the roles and responsibilities of the pollution
control boards, Chapter IV regulates the pollution standards that are
set and how they can be monitored and Chapter VI describes the
penalties imposed in case of noncompliance.

This Act applies to the whole of India. The Act contains certain
definitions which fall under the scope of this Act. Knowing these
definitions is important as they will help to understand what qualifies
as air pollution according to Indian law so that air polluters can be
punished under this Act.

Definitions:
Under Section 2 of the Act, 15 expressions have been defined. Five
definitions of them are formal which seek to summarise the language
of the various provisions namely-Board, Central Board, member,
prescribe and State Board. Other ten definitions are concerning such
matters a indirectly affect the air.

a. Air Pollutant. "Air Pollutant" means any solid, liquid substance

including noise present in the atmosphere in such concentration
may be or tend to be injurious to human beings or other living
creatures or a plants or property or environment-[Section 2 (a)).
Air pollutant has been comprehensively defined. It includes the
following elements
i. presence of any solid, gaseous or liquid substance
including noise in air.
ii. in such concentration;
iii. which may be or tend to be injurious;
iv. to human beings, or other living creatures or plants or
property or environment. Kerala High Court laid down in
K. Ram Krishanan v. State of Kerala laid down that
smoking at public places will be considered to be air
pollutant.
b. Air Pollution-"Air Pollution" means the presence in the
atmosphere of any air pollutant-[Section 2 (4)].

Air pollution has been, thus, defined in the perspective of the

presence of polluting elements in the atmosphere. Hence the
definitions of 'air pollutant and "air pollution" are
complementary to each other.

c. Approved appliance- "Approved appliance" means any

equipment or gadget used for the burning of any combustible
material or for generating or consuming any fume, gas or
particular matter and approved by the State Board for the
purposes of this Act-[Section 2 (C)].

d. Approved fuel- "Approved fuel" means any fuel approved by

the State Board for the purposes of this Act.

e. Automobile -"Automobile" means any vehicle powered either

by internal combustion engine or by any method of generating
power to drive each vehicle by burning fuel. (f) Board-Board'
means the Central Board or a State Board.

f. Central Board- "Central Board" means the Central Pollution

Control Board constituted under Section 3 of the Water
(Prevention and Control of Pollution) Act, 1974.

g. Chimney-"Chimney" includes any structure with an opening of

outlet from or through which any air pollutant may be emitted.

h. Control equipment- "Control equipment" means any apparatus,

device, equipment or system to control the quality and manner
of emission of any air pollution and includes any device used for
securing the efficient operation of any industrial plant.

i. Emission-"Emission" means any solid or liquid or gaseous

substance coming out of any chimney, duct or flue or any other
outlet. Industrial plant- "Industrial plant" means any plant used
 for any industrial or trade purposes and emitting any pollutant
into the atmosphere.

j. Member-"Member" means a member of the Central Board or a

State Board as the case may be and includes the chairman
thereof.

k. Occupier- "Occupier" in relation to any factory or premises

means the person who has control over the affairs of the factory
or the premises, and includes in relation to any substance, the
person in possession of the substance.

l. Prescribed-"Prescribed" means prescribed by rules made under

this Act by the Central Government or, as the case may be, the
State Government. (o) State Board- "State Board" means in
relation to a State in which the Water (Prevention and Control of
pollution) Act, 1974 is in force and the State Government has
constituted for that State a State Pollution Control Board under
Section 4 of that Act, the said State Board, and (ii) in relation to
any other State, the State Board for the Prevention and Control
of Air Pollution constituted by the State Government under
Section 5 of this Act.

Conclusion
In a nutshell, every kind of pollution leaves a huge negative impact on
our environment, human lives, animals etc. We, as responsible
citizens, must take steps towards a better tomorrow. We must join
hands to take various initiatives and fight against this problem

It is observed that the legislation to deal with air pollution is pretty

strict and well formulated. It encompasses the scientific aspects of
managing air pollution with the actions of State and Central bodies.
The Pollution Control Boards are bestowed with a wide range of
powers and functions to check emission limits and take appropriate
action. However, enforcement still remains lax.

Urban air pollution has long been a serious problem in the India ,
reflecting both the importance of highly polluting industries for the
national economy and political factors such as the low priority of
environmental issues and lack of public participation.

India itself had issues regarding air pollution due to a wide variety of
factors such as stubble burning, improper industrial practices,
environmental factors etc. To combat these factors a special law was
enacted under the Constitution of India, which was the Air
(Prevention and Control of Pollution) Act of 1981.

Forest Conservation Act

The Forest (Conservation) Act of 1980 (FCA, 1980) is an act by the

Parliament of India which ensures the conservation of forests and
their resources.
It was enacted by the Parliament of India to control the ongoing
deforestation of the forests of India. It came into force on October 25,
1980 containing five sections.
Amid news reports mentioning future amendments to the FCA 1980
by the Environment Ministry, the act and its provisions become
important from the current affairs perspective.

Need for Forest Conservation Act, 1980

Forests are an important resource that nature can bestow upon
mankind. Therefore, it is the duty of every citizen to preserve the
ecosystems of forests. However, due to rapid deforestation, the cycle
of nature is itself being disrupted. Therefore, the need to bring about a
law to ensure the preservation of forests was needed.
One of the first legal drafts to protect forest tracts was the Indian
Forest Act, 1865 replaced by a 1927 version of the same act.
However, it was more geared towards protecting the commercial
interests of the British Empire in India.
The act gave authority to the British to restrict tribal activities by
levying taxes on timber and forest services. In other words, it mainly
regulated the cutting of timber and the flow of raw materials rather
than protecting forests.
Upon independence, the President of India enforced the Forest
(Conservation) Ordinance in 1980 which was later repealed by virtue
of Section 5 of the Forest (Conservation) Act, 1980. Under the 1980
Act, the restriction was made on the use of forests for non-forest
purposes.

Objectives of the Forest Conservation Act 1980

The aim of the Forest Conservation Act 1980 is to preserve the forest
ecosystem of India by fulfilling the following objectives:

1. Protect the forest along with its flora, fauna and other diverse
ecological components while preserving the integrity and
territory of the forests.
2. Arrest the loss of forest biodiversity
3. Prevent forest lands being converted into agricultural, grazing or
for any other commercial purposes and intentions.

Features of the Forest Conservation Act 1980

The Forest Conservation Act of 1980 come with the following
features:

1. The Act restricts the state government and other authorities to

take decisions first without permission from the central
government.
2. The Forest Conservation Act gives complete authority to the
Central government to carry out the objectives of the act.
3. The Act levies penalties in case of violations of the provisions
of FCA.
 4. The Forest Conservation Act will have an advisory committee
which will help the Central government with regard to forest
conservation.

Important Sections of the Forest Conservation Act, 1980

Section 1: Title and scope
The law applies to the whole of India except for Jammu and Kashmir.
However, when Article 370 was removed, it meant all laws at the
central level became applicable. But only 37 laws apply to Jammu
and Kashmir at the moment and the Forest Conservation Act of 1980
is not one of them
Section 2: Restriction of forests being used for non-forest
purposes.
The section lists restrictions where state authorities cannot make laws
regarding forest without the permissions of the Central Government.
The emphasis is on ‘non forest purposes’ which means that clearing
forest land for the planting of:

1. Tea
2. Coffee
3. Spices
4. Rubber
5. Palms
6. Oil-bearing
7. Medicinal plants
Section 3: Advisory committee
As per Section 3 of this Act, the Central government has the power to
constitute an advisory committee to advice on matters related to
advising the central government on the preservation of forests.

Amendments to the Forest Conservation Act, 1980

In order to balance economic and ecological concerns regarding the
Forest Conservation Act, 1980 several amendments were proposed by
the Union Ministry of Environment, Forest, and Climate Change in
March 2021. Some amendments were as follows:

1. The proposed new ‘section 1A’ created a provision which

exempts survey and exploration for underground oil and natural
gas. In other words, such activities will no longer be classified
as a ‘non-forest activity’ and will not require permission from
the government. However, there will be certain conditions laid
by the Central Government to carry out such activities, one of
which being, survey and drilling activities will not be carried out
within the proximity of wildlife sanctuaries.
2. Land acquired for railway networks will not be applicable to
FCA and be exempt. Of course, certain guidelines will be laid
down by the Central government, which will include planting
trees to compensate for the loss of forest lands.
3. Section 2 of the FCA requires government approval for leasing
forest lands not owned by the central government for any
commercial purposes to private entities. This clause has been
deleted in the proposed amendment. This will enable state
governments to lease forest lands without the Central
government’s approval.
4. A new explanation to Section 2 proposes to exempt the
plantation of native species of palm and oil-bearing trees from
the definition of “non-forest purpose”. The government will
only impose conditions for compensatory afforestation and
payment of other levies and compensations.
5. The proposed amendments to FCA add to the list of non-forestry
purposes activities such as building checkpoints, fence
boundary, and communication infrastructure. It may also add
ecotourism facilities approved under the Forest Working Plan or
Working Scheme approved by the central government.
 Issues involved in enforcement of environmental
legislation
Three issues that are especially important for environmental
legislation are:

1. The precautionary principle This principle has evolved to deal

with risks and
uncertainties faced by environmental management. The principle
implies that an ounce of prevention is worth a pound of cure, it does
not prevent problems but may reduce their occurrence and helps
ensure contingency plans are made.

2. The polluter-pays principle In addition to the obvious the

polluter pays for the damaged caused by a development, this
principle also implies that a polluter pays for monitoring and
policing.
A problem with this approach is that fines may bankrupt small
businesses, yet be low enough for a large company to write them
off as an occasional overhead, which does little for pollution control.

3. Freedom of information: Environmental planning and

management is hindered if the public, NGOs or even official bodies
are unable to get information.

A number of laws have been enforced for safeguarding the

environmental quality. However, these laws and acts could not be
enacted successfully in light of the following problems.

Drawbacks of wildlife protection act, 1972

 Since this act has been enacted just as a fallout of Stockholm
conference held in 1972, it has not included any locally
evolved conservation measures.
 The ownership certificates for some animal articles (Ex:
Leopard and Tiger skins) often serve as a tool for illegal
trading.
 Jammu and Kashmir have their own wildlife acts, therefore,
hunting and trading of many endangered species, prohibited in
other states are allowed in Jammu and Kashmir.
 The offenders of this act are not subject to any harsh fines.
The fine is only Rs. 25000 or imprisonment for up-to three
years.

Drawbacks of the Forest (conservation) Act, 1980

 This act only transfers the powers from state to centre to
decide the conversion of reserve forests to non-forest areas.
 The power has been centralized at the top and local
communities have been completely ignored from the decision
making process regarding the nature of forest areas.
 Tribal people living in forests are totally dependent on forest
resources. If they are stopped from exploiting forests for their
livelihood, they resort to criminal activities like smuggling,
killing, etc.
 This law is concentrated on protecting trees, birds and animals
but not on protecting poor people
 The forest dwelling tribal communities have a rich knowledge
about forest resources, their importance and conservation.
However, their role and contribution is not acknowledged.

Drawbacks of pollution related acts

 The power and authority has been given only to the central
government with little power to the state government. This
hinders effective implementation of the act in the states.
 The penalties imposed by this act are very small when
compared to the damage caused by big industries due to
pollution.
 A person cannot directly file a petition in the court.
 Litigation, related to the environment is expensive, since it
involves technical knowledge.
 For small industries, it is very expensive to install an individual
custom-made effluent treatment plant
 The position of chairman of the board of most industries is
occupied by a political appointee. Hence it becomes difficult to
implement the act without political interference.