ENFORCEMENT OF ENVIRONMENTAL LAWS - NEED FOR MULTIDISCIPLINARY APPROACH

Sky is Like Father, Earth is like mother,

And all the Creatures that live in Between

Constitute a Family. Any Disturbance to Any

One of them will disturb the Entire System.

-         Rig Veda. BACK DROP:

International efforts for the protection and preservation of the global environment. started with the convening of the Stockholm conference on Human Environment in 1972. The journey from Stockholm Conference to the Rio Summit led to the recognition that all human beings are entitled to a healthy and productive life in harmony with nature. It was this recognition that was responsible for the enactment of various environmental laws in India, which are designed not only to preserve and protect environment but also to prevent environmental pollution. But in the present days of mass industrialization, uncontrolled birth rate and vehicular traffic the question is not about environmental laws but about enforcement of environmental laws. As said by Justice Krishna lyer "It is not how many laws we have. it is how effectively we are enforcing them". Therefore it is time to think about the enforcement of environmental laws in India. For which it is customary to know what is meant by enforcement.

ENFORCEMENT-MEANING:

According to the Laws Lexicon to enforce means-

To put m execution.

To take effect,

To urge or to impose.

To command,

To enforce is more authoritative that "direct" and less imperious than a "command", the word has the force of pressing admonition with authority.

To enforce is to endure with force or to bring in to operation that which has a force of its own; as to enforce a command or to enforce a law or obedience to it.

Urge has a more purely moral character than enforce. It has more of argument persuasion, entreaty, and expostulation: enforce more of authority and power.[1]

In the enforcement of environmental laws, the Indian Judiciary has played a seminal role[2] and used public interest litigation as a convenient tool to create a new environmental Jurisprudence in the country. The eighties and the nineties marked these significant changes. No doubt, a country like India was confronted with a host of problems when it took off to newer heights of industrial development. The legal regime had to adjust itself to various kinds of demands of a Socio-Economic nature without damaging the existing resources. Inevitably the growth of environmental law had to strike a balance between development and sustainable development. This is a phenomenon typical of "Rule of Law" socially where law becomes a dynamic instrument of change for better environment. This paper speaks about the environmental regime in India and its governance.

ABOUT ENVIRONEMTAL LAW :

The law relating to the environment is derived from two principal sources, namely common-law developed by courts, through judicial precedents, and the statutory law with regulations or by-laws made there under.[3] It is said that environmental Law is an amalgamation of common-law and statutory principles[4]

ENVIRONEMENTAL LAW AN INTER DISCIPLINARY LAW :

Environmental law has to derive its strength from many other disciplines such as biology bio-technology, ecology, economics, hydrology, medicine, political science. psychology and public administration. It is noted that environmental law cannot be separated from politics and its study also demands an understanding of ecology and econoomics.[5] This interdependence of environmental law with other disciplines makes it a distinct branch of Law[6] Environmental law is a synthesis of principles. concepts and norms generated by other laws. The close relationship of environmental law with constitutional will be seen in the judicial interpretation where right to live includes the right to clean and humane environment. The concern for protecting the environment also has its impact upon labour welfare laws.

However, environmental law has its closest relationship with administrative law. The consent granting mechanism in pollution control law, the relaxation of proving  locus standi in environmental cases, the need to consider valid criteria before making a decision on the environment and the mechanism under the Indian environ-mental law for environmental management through delegated legislation, bristle with many aspect of administrative law in the domain of environmental law. the need to impose an effluent charge or levy a pollution tax or cess brings tax laws also in to the net.

VARIOUS ENVIRONMENTAL LAWS TO ENFORCE :

1.  The Water (Prevention and Control of  Pollution) Act. 1976.

2.  The Water (Prevention and Control of Pollution) Rules. 1975.

3.  Central Board for the Prevention & Control of Water Pollution (Procedure for

     transaction of Business) Rules. 1979.

4.  The W'ater (Prevention and Control of Pollution) cess Act. 1977.

5.  The Water (Prevention and Control of Pollution) cess Rules. 1978.

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

7.   The Air (Prevention and Control of Pollution) Rules. 1982

8.   The Air (Prevention and Control of Pollution (union territories) Rules. 1983.

9.   The Environment (Protection) Act, 1986.

10. Rulea for the manufacture, use, import, export and storage of Hazardous microorganisms, genetically engineered organism cells, 1989.

11. The Environment (Protection) Rules, 1986.

12. Hazardous Waste (Management & Handling ) Rules. 1989.

13. The Indian Forest Act, 1927

14. Manufacture, storage & import of hazardous chemical Rules. 1989.

15. The Wild life (Protection) Act, 1972.

16. The Wild life (Stock Declaration) central Rules, 1973.

17. The Wild life (Protection) licensing (additional matters for consideration) rules,    
      1983.

18. The Wild life (Protection ) Rules, 1995.

19. The Wild life (Transactions and Taxidermy) Rules, 1973.

20. The wild life (specified plants-conditions for possession by licensee) Rules,1993

21. The National Environment Tribunal Act, 1995.

22. National Environment appellate Authority Act, 1997.

23. Public liability Insurance Act, 1991.

24. Public liability Insurance Rules, 1991.

25. Factory Amendment Act, 1984. In addition to the above legislation there are some important notifications as noti-fied by the Government of India from time to time for the better enforcement of environmental laws. They are :

1.   Environment Impact Assessment Notification.

2.   Public hearing Notifications.

3.   The Coastal Regulation Zone Notifications

4.   Colbeling Notification

5.   Notifications concerning Open oil Burning

6.   Notifications concerning import of Hazardous waste

PROBLEMS OF ENFORCEMENT:

1.    One of the major hurdles for administrator, activists, academics and adjudicators concerned with environmental law is .getting access to legal documents. This is being acutely experienced in the last couple of decades when there has been enactment of plethora of laws at the domestic level and negotiation of a number of international agreements and arrangements on environment. The issuance of a series of notifications by the Government of India under Environment protection Act has added to the problem of making out law at any given point of time.

2.    Uncontrolled Birth rate is one of the major problems for enforcement of environmental law. In 1985 some 80 Million people were added to a world population of natural resources with which to sustain this population, to improve the quality of human lives, and to eliminate mass poverty remains finite.

3.    Corruption and political intervention.

4.    Ignorance of traditional and cultural systems.

5.   Ignorance of traditional and Indigenous people in enforcement of  environmental
      laws.

6.   Lack of proper planning and supervision.

7.   Lack of an umbrella legislation.

NEED FOR MULTI-DISCIPLINARY APPROACH :-

An environmental law is associated with various fields like medicine, technology, biology, economics etc. a multi-disciplinary approach is very much required . It means a person who enforcers  the environmental law should have knowledge of the above said fields. Then only better governance is possible .

Therefore all the authorities who are involved in this process shall have proper understanding of the subject and also proper coordination among themselves.

CONCLUSION :-

In India environmental statute though impressive in range, and coverage are more often observed in breach than practice. The deterrent theory of punishment employed under strict and absolute liability principle has achieved some decree of success. Never the less. the search for a better alternative principles of liability hardly needs an elaboration. Hence it is time to harmonize the developmental activities with environment because development is also a very important aspect of life. For which the environmental regime has to be accounted and strengthen with more expert mechanism to deal with the longer spectrum of problems hither to unattended by the law. Primarily meant as guiding principle for the administrative process to prevent adverse effects on the environment, the precautionary approach warrants formulation of expert environ-mental agencies at the initial decision making as well as at the appellate and reviewing levels. Such a step will be undoubtedly a leap forwards towards sustainable development and augmentation of a strong environmental regime.