Legislative framework

In India, the Water Act, 1974, which was enacted with the prevention and control of water pollution in mind, heralded environmental regulation in the country. The focus of the act was on pollution and not on resource conservation or efficiency in the production process. The Water Act led to the setting up of regulatory institutions and defining of their roles and responsibilities. Over time, a number of other legislations were enacted such as the Water (Prevention and Control of Pollution) Cess Act, 1977; Air (Prevention and Control of Pollution) Act, 1981; Environment Protection Act (EPA), 1986; Public Liability Insurance Act, 1991 and so on, to regulate and monitor environmental quality in all spheres, viz. air, water and land. Though there were laws dealing directly or indirectly with several environmental matters, a need was felt to have a comprehensive legislation for environmental protection. As a result, the EPA, 1986 was enacted as an overarching legislation at the national level, to protect the environment and make provisions for related matters. Later on, a number of rules and notifications, addressing specific areas of concern, were framed using the provisions of the EPA. These include the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 1986; Manufacture, Storage and Import of Hazardous Chemical Rules, 1989; Environmental Clearance (EC) Notification, 1994 and 2006; Municipal Solid Waste (MSW) Rules, 2000 and so on.

Environmental legislation in the country has largely evolved either as a result of international agreements (for example, the Stockholm Convention led to the enactment of the Water Act and the Air Act) or as a fallout of national tragedies like the Bhopal gas leak (which led to the EPA) or due to judicial activism (which led to the MSW Rules, the Public Liability Insurance Act, the Ship Waste Management Directions). As part of the evolution of environmental legislation in India, specific legislations have been enacted to deal with particular aspects of the environment. There is still no comprehensive legislation that deals with all aspects of the environment. The NEP has recommended a review of the existing legislations to develop synergies between related statutes and regulations, eliminate obsolescence and amalgamate provisions with similar objectives.