THE INDIAN LEGAL SCENARIO
The Indian government has put in place a number of legislations to cut the manufacture
and marketing of hazardous goods. Some of the legislations are as follows:
The Water (Prevention and Control of Pollution) Act of 1974 was enacted to prevent and
control of water pollution, and to maintain / restore water wholesomeness.
In 1986, The Environment (Protection) Act was enacted to provide protection and
improvement of the environment. It gives power to the Central Government to create
authorities [under section 3(3)] who can prevent environmental pollution in all forms and
to block particular environmental problems specific to diverse areas of the country.
The Air (Prevention and Control of Pollution) Act of 1981 and amended in 1987 to
provide prevention, control and reduction of air pollution in India.
In 1995 the Central Government established the National Environment Tribunal [through
the National Environment Tribunal Act 1995] to provide for strict liability for damages
due to accidents caused by handling of dangerous materials.
The Biological Diversity Act 2002 rose out of India's effort to realise the objects in the
7
www.ssijmar.in
UN Convention on Biological Diversity (CBD) 1992 that recognizes the self-governing
rights of countries to use their own Biological Resources. The Act purpose is to conserve
biological resources and related information, and enables access to them in a sustainable
way by a just process. For implementing the objects of the Act it established the National
Biodiversity Authority in Chennai.
The Forest Conservation Act 1980 was enacted to save the country's forests. It strictly
limits and controls the de-reservation of forests or use of forest areas for non-forest
purposes without the previous sanction of the Central Government. The Act lays down
the pre-requisites for the usage of forest areas for non-forest purposes.
(http://www.envfor.nic.in/modules/rules-and-regulations/environment-protction/)