Day 1 Prelims 20+: Environmental Laws in India

In today’s Prelims 20+, we will focus on Environmental Laws in India, an important segment for the UPSC Civil Services Examination. Environmental protection and sustainable management of resources are at the forefront of India’s policy-making, and understanding these laws is crucial for the examination.

Indian Forest Act, 1927

Objective: To protect and conserve forests and regulate forest-related activities.

Key Features: 

• Categorizes forests into: Reserved Forests, Protected Forests, Village Forests
• Defines forest offenses and prescribes penalties.
• Specifies prohibited activities in Reserved Forests.
• Aims to ensure environmental preservation through regulation and enforcement.

Forest (Conservation) Act, 1980

Objective: To prevent deforestation and degradation of forests, thereby ensuring environmental preservation.

Key Provisions:

• Mandatory prior approval of the Central Government for:
  • Diversion of forest land for non-forestry purposes.
  • Even for sustainable agro-forestry practices within forest areas.
• Violation or lack of permit is treated as a criminal offence.

Aims to:

• Limit deforestation
• Conserve biodiversity
• Protect wildlife

Limitations: Although the Act brought hope for forest conservation, it did not fully achieve its intended targets due to challenges in implementation and enforcement.

National Forest Policy, 1988

Objective: To ensure environmental stability and maintain ecological balance by conserving forests as a part of India’s natural heritage.

Key Shifts & Features:

• Marked a significant shift from:
  • Commercial exploitation → Ecological sustainability
• Emphasized:
  • Participatory forest management (community involvement, especially local and tribal communities)
  • Conservation of flora and fauna
  • Arresting soil erosion, land degradation, and desertification
  • Promotion of afforestation and social forestry
  • Enhancing forest productivity for sustainable needs
  • Efficient and optimum use of forest produce

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

It was enacted to correct historical injustices done to Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) by legally recognizing their rights over forest land and resources. 

The Act operates under the Ministry of Tribal Affairs.

Objective:

• To restore forest rights to STs and OTFDs who have lived in and depended on forests for generations.
• To promote environmental conservation, biodiversity protection, and ecological balance through community participation.
• To ensure livelihood and food security of forest-dwelling communities while strengthening forest conservation.

Scope and Coverage:

• Applicable to National Parks, Wildlife Sanctuaries, Reserved Forests, and Protected Forests.
• Recognizes rights even in Critical Wildlife Habitats (CWH) — these are areas within parks and sanctuaries specifically earmarked for wildlife conservation and kept free from human intervention under strict conditions. 
  • The Critical Tiger Habitats come under the purview of the Wildlife Protection Act of 1972

Types of Forest Rights:

1. Title Rights:
   • Legal ownership of forest land (up to 4 hectares) that is already being cultivated by the family.
   • No new land allotment is permitted under this right.
2. Use Rights:
   • Access and use of Minor Forest Produce (MFP) (excluding timber), grazing areas, and traditional seasonal resources.
3. Relief and Development Rights:
   • Includes rehabilitation in case of illegal eviction or forced displacement.
   • Entitlement to basic amenities, subject to forest conservation safeguards.
4. Forest Management Rights:
   • Community rights to protect, regenerate, conserve, or manage forest resources for sustainable use.
   • Empowers community-based forest governance.

Eligibility Criteria for Forest Right:

To claim rights under the FRA, the claimant must:

1. Belong to a Scheduled Tribe in the area where rights are being claimed (or be an OTFD).
2. Have primarily resided in forest areas for at least three generations (75 years) before December 13, 2005.
3. Be dependent on forests or forest land for livelihood needs.

The Wildlife (Protection) Act, 1972

The Wildlife Protection Act, 1972 (WPA, 1972) is an environmental legislation enacted by the Government of India to protect the country’s wildlife and their habitats.

It provides a legal framework for the conservation of various species of flora and fauna and regulates activities that could harm them.
Application: It extends to the whole of India.
Objectives: The primary objectives of the Wildlife Protection Act, 1972 include the following:

• To ensure the protection of endangered species,

• To regulate the hunting of wildlife,

• To control the trade of wildlife products, and

• To establish protected areas like national parks, wildlife sanctuaries, and reserves.

Key Features of Natural Forest Policy

• Definition of Wildlife: As per the Act’s definition, wildlife includes any animal, bees, butterflies, crustaceans, fish and moths; and land or aquatic vegetation that forms part of any habitat.

• Establishes protected areas: wildlife sanctuaries, national parks, conservation reserves.

• Regulates trade and possession of wildlife and their derivatives.

• It has four schedules that give varying degrees of protection:

  • Schedule I: Highest-level protected species of animals.

  • Schedule II: Animal species with a lesser level of protection.

  • Schedule III: Protected plant species.

  • Schedule IV: Species listed under CITES.

Note – Earlier, WPA, 1972, included six schedules but rationalized to four schedules through Wildlife (Protection) Amendment Act, 2021.

• CITES: The Amendment Act aims to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora along with expanding the number of species protected by the convention.

• Statutory bodies under WPA:

  • National Board for Wildlife and state wildlife advisory boards

  • Central Zoo Authority

  • Wildlife Crime Control Bureau

  • National Tiger Conservation Authority

Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001

• This Act aims to conserve plant varieties and promote the development of new ones.
• It provides a legal framework to protect the rights of plant breeders, farmers, and researchers.
• It is the only IPR law in the world that grants intellectual property rights to both plant breeders and farmers.
• It also supports the growth of the seed industry, ensuring farmers get access to high-quality seeds.

Eligibility for Registration

A plant variety can be registered if it meets the DUS criteria:

• Distinctiveness – Clearly distinguishable from other varieties
• Uniformity – Consistent traits in all plants
• Stability – Traits remain unchanged over generations

Varieties eligible for registration:

• New variety
• Extant variety (already in use)
• Farmers’ variety
• Essentially derived variety

Institutional Mechanism

1. PPV&FR Authority (PPVFRA)

Under the Ministry of Agriculture, it is responsible for implementing the Act. Its functions include:

• Registering plant varieties
• Developing DUS test guidelines
• Supporting development & commercialisation via linkages with research bodies and KVKs
• Recognizing and rewarding farmers and rural communities for conserving traditional varieties
• Maintaining the National Gene Bank
• Conserving plant genetic resources and their wild relatives

2. Plant Varieties Protection Appellate Tribunal (PVPAT)

• Handles appeals related to plant variety registration decisions
• Appeals can be further challenged in the High Court
• Must dispose of appeals within one year

Biological Diversity Act, 2002

• The Biological Diversity Act, 2002 was enacted to fulfill India’s international obligations under the Convention on Biological Diversity (CBD), 1992. 
• It aims to conserve biodiversity, promote sustainable use, and ensure fair and equitable sharing of benefits arising from the use of biological resources and traditional knowledge.

Salient Features of the Biological Diversity Act

1. Definitions of Key Terms:

• Biodiversity refers to the variety among all living organisms from different sources, encompassing diversity within species, between species, and across ecosystems.
• Biological resources include plants, animals, microorganisms, their genetic material, and by-products (excluding human genetic material and value-added products) that have actual or potential value or use.

2. Institutional Framework:

• The National Biodiversity Authority (NBA), established in 2003 under the Ministry of Environment, Forest and Climate Change, is a statutory autonomous body tasked with implementing the Act.
• State Biodiversity Boards (SBBs) have been set up in 28 states. Additionally, 31,574 Biodiversity Management Committees (BMCs) have been formed at the local body level across India.
• Both the NBA and SBBs are mandated to consult the BMCs before making decisions related to the use of biological resources.

3. Access and Benefit Sharing (ABS): The ABS mechanism ensures that local communities are fairly compensated for the use of biological resources and associated traditional knowledge they have conserved.
4. Penal Provisions: Violations under the Act are cognisable and non-bailable. Offenders may face imprisonment for up to five years or a fine up to ₹10 lakh.
   

Biological Diversity (Amendment) Act, 2023

Key Changes Introduced:

• Exemptions from ABS: AYUSH practitioners and traditional knowledge holders are now exempted from paying Access and Benefit Sharing (ABS) fees. 
• Decriminalisation of Offences: The amendment removes criminal penalties and replaces them with monetary fines for violations.
• Encourage foreign investment in biological resources, research, patenting, and commercial use—without compromising national interests.

Wetlands (Conservation and Management) Rules, 2017

2017 wetland rules replaced the Wetlands (Conservation and Management) Rules, 2010 to address their limitations and improve wetland governance.

Key Provisions of Wetlands (Conservation and Management) Rules, 2017

• Wetlands are defined as areas transitional between terrestrial and aquatic systems, where the water table is at or near the surface, or the land is covered by shallow water.

Institutional Mechanism

• State Wetlands Authority (SWA) to be constituted in each State and Union Territory, chaired by the State Environment Minister.
• SWA must include experts in: Wetland ecology, Hydrology, Fisheries, Landscape planning, Socioeconomics
• The authority is mandated to:
  • Prepare a comprehensive list of activities that are permitted, regulated, or prohibited within notified wetlands and their zone of influence.
  • Recommend additional prohibited activities for specific wetlands as needed.

National oversight

• The earlier Central Wetlands Regulatory Authority (CWRA) is replaced by a National Wetland Committee.
• This national body advises the Central Government on:
  • Conservation and wise use of wetlands.
  • Designation of Ramsar Sites (wetlands of international importance).
  • Collaboration with international agencies on wetland-related matters.
  • Enhancing awareness among stakeholders and local communities.

Digital Inventory- A digital inventory of all wetlands is to be prepared within one year and updated every 10 years.
Prohibited Activities- The Rules prohibit the following in wetlands:

• Conversion of wetlands for non-wetland use
• Encroachment
• Establishment or expansion of industries
• Handling, storage or disposal of hazardous substances
• Dumping of construction & demolition waste
• Solid waste disposal
• Discharge of untreated wastewater from industries, cities, towns, and villages

 Division of Powers

• State Governments: Empowered to manage, conserve, and regulate wetlands at the local level.
• Central Government: Retains monitoring and advisory functions.

Compensatory Afforestation Fund Act (CAMPA Act), 2016

The CAF Act, 2016, also known as the CAMPA Act, was enacted to regulate and manage the funds collected for compensatory afforestation in India. It institutionalizes the process that was earlier handled by an ad hoc authority.

Objective:

• To give a legal framework for managing compensatory afforestation funds.
• To ensure transparent, efficient, and scientific use of these funds for ecological restoration.

Key Provisions:

• CAMPA (Compensatory Afforestation Fund Management and Planning Authority):
  • Set up at both Central and State levels to monitor and implement fund use.
• Creation of Funds:
  • National CAF under the Public Account of India.
  • State CAFs under the Public Account of respective states.
• Fund Distribution:
  • 90% of the funds go to State Governments.
  • 10% is retained by the Central Government.

Permitted Uses of CAF Funds:

• Afforestation and forest regeneration
• Catchment area treatment
• Assisted natural regeneration
• Forest and wildlife management
• Relocation of villages from protected areas
• Managing human-wildlife conflict
• Training, awareness generation, and wood-saving devices
• Infrastructure and allied forest conservation activities.

Coastal Regulation Zone (CRZ) Notification, 2018

The CRZ Notification 2018 is based on the recommendations of Shailesh Nayak Committee.

Key Features

The Coastal Regulation Zone (CRZ) Notification has categorised the coastal areas into the following four zones:

a) CRZ-I: CRZ-I includes the following types of areas:

• Areas that are ecologically important and sensitive, such as national parks/marine parks, wildlife sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, and areas close to breeding of marine life.

• Areas of outstanding natural beauty/historical/heritage areas.

• Areas rich in genetic diversity.

• Areas likely to be inundated due to rise in sea level consequent upon global warming.

• Such other areas may be declared by the Central Government or the concerned authorities at the State/Union Territory level from time to time.

• Area between the Low Tide Line (LTL) and the High Tide Line (HTL).

b) CRZ-II: CRZ-II includes the following types of areas:

• The areas that have already been developed up to or close to the shoreline. For this purpose, the developed area is referred to as that area within the municipal limits.

• Other legally designated urban areas that are already significantly developed and equipped with drainage, access roads, and essential infrastructure such as water supply and sewerage systems.

c) CRZ-III: CRZ-III includes the following types of areas:

• Areas that are relatively undisturbed and those that do not belong to either Category I or II. These will include coastal zones in the rural areas (developed and undeveloped).

• Areas within Municipal limits or in other legally designated urban areas that are not substantially built up.

d) CRZ-IV: CRZ-IV includes – Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, CRZ-II or CRZ-III.

Allowing FSI as per current norms in CRZ areas:

As per CRZ, 2011 Notification, for CRZ-II (Urban) areas, Floor Space Index (FSI) or the Floor Area Ratio (FAR) had been frozen as per 1991 Development Control Regulation (DCR) levels.

• In the CRZ, 2018 Notification, it has been decided to de-freeze the same and permit FSI for construction projects, as prevailing on the date of the new Notification. This will enable redevelopment of these areas to meet the emerging needs.

Densely populated rural areas to be afforded greater opportunity for development:

For CRZ-III (Rural) areas, two separate categories have now been stipulated as below:

(a) CRZ-III A – These are densely populated rural areas with a population density of 2161 per square kilometre as per 2011 Census. Such areas shall have a No Development Zone (NDZ) of 50 meters from the HTL as against 200 meters from the High Tide Line stipulated in the CRZ Notification, 2011 since such areas have similar characteristics as urban areas.

(b) CRZ-III B – Rural areas with population density of below 2161 per square kilometre as per 2011 Census. Such areas shall continue to have an NDZ of 200 meters from the HTL.

Tourism infrastructure for basic amenities to be promoted:

Temporary tourism facilities such as shacks, toilet blocks, change rooms, drinking water facilities etc. have now been permitted in Beaches.

• Such temporary tourism facilities are also now permissible in the “No Development Zone” (NDZ) of the CRZ-III areas as per the Notification.

• However, a minimum distance of 10 m from HTL should be maintained for setting up of such facilities.

CRZ Clearances streamlined:

The procedure for CRZ clearances has been streamlined.

• Only such projects/activities, which are located in the CRZ-I (Ecologically Sensitive Areas) and CRZ IV (area covered between Low Tide Line and 12 Nautical Miles seaward) shall be dealt with for CRZ clearance by the MoEFCC.

• The powers for clearances with respect to CRZ-II and III have been delegated at the State level with necessary guidance.

• A No Development Zone (NDZ) of 20 meters has been stipulated for all Islands: For islands close to the mainland coast and for all Backwater Islands in the mainland, in wake of space limitations and unique geography of such regions, bringing uniformity in treatment of such regions, NDZ of 20 m has been stipulated.

• All Ecologically Sensitive Areas have been accorded special importance: Specific guidelines related to their conservation and management plans have been drawn up as a part of the CRZ Notification.

• Pollution abatement has been accorded special focus: In order to address pollution in Coastal areas treatment facilities have been made permissible activities in CRZ-I B area subject to necessary safeguards.

• Defence and strategic projects have been accorded necessary dispensation.

The Water (Prevention and Control of Pollution) Act, 1974

This Act was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country.

• Regulatory bodies: It establishes the Central Pollution Control Boards (CPCB) and State Pollution Control Boards (SPCBs).

• The Act was amended in 1988, 2003 and 2024.

Key Features

• Application: It applies initially to Himachal Pradesh, Rajasthan, and union territories, with provisions for other states to adopt it through state resolutions. (As Water is a state subject)

• Chairman of SPCB: The central government will prescribe the manner of nomination and the terms and conditions of service of the chairman.

• Penalties: It decriminalizes various violations, removing imprisonment for several offences and replacing it with monetary penalties ranging from Rs 10,000 to Rs 15 lakh.

  • However, failure to pay penalties can still result in imprisonment of up to three years or fines up to twice the original penalty amount.

• Power to exempt: It specifies that the central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining consent on new outlets and discharges.

• Consent by SPCB: It adds that the central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB.

• Dedicated Fund: Penalties imposed by the adjudicating officer will be credited to the Environment Protection Fund established under the Environment (Protection) Act, 1986.

The Water (Prevention and Control of Pollution) Cess Act, 1977

 The Water Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities.

Key Features

• Resource Augmentation: This cess is collected with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution.

• The Act creates economic incentives for pollution control and requires local authorities and certain designated industries to pay a cess (tax) for water effluent discharge.

• Rebates to polluters: To encourage capital investment in pollution control, the Act gives a polluter a 70% rebate of the applicable cess upon installing effluent treatment equipment.

The Air (Prevention and Control of Pollution) Act, 1981

The Air Act was passed under Article 253 of the Constitution of India and in pursuance of decisions of the Stockholm Conference.

• The Air Act’s framework is similar to that of the Water Act of 1974.

  • The Air Act expanded the authority of the central and state boards established under the Water Act, to include air pollution control.

• Objective: To provide means for the prevention, control and abatement of air pollution in order to preserve the quality of air.

Key Features

• Define terms: Terms such as air pollution, air pollutants, vehicular exhausts and industrial plants etc. are defined under the Act.

• Demarcate high pollution areas: The Act provides the declaration of certain heavily polluted areas as Air Pollution Control Area, and no industrial plant shall be operated in these areas without prior consent of the State Pollution Control Board.

• Role of Pollution Boards: The Central and State Water Boards have been entrusted with the task of controlling and preventing air pollution.

  • The State Boards have to lay down and enforce standards for prevention and control of air pollution.

• Vehicular emission control: The State Government and the respective Board(s) may give instructions to the concerned Authority in-charge for Registrations under the Motor Vehicles Act, 1939, to ensure emission standards for automobiles.

  • Failure to comply with the conditions prescribed for this purpose is punishable with fine and imprisonment.

• Penalty on polluter: The State Boards have powers to sue a polluter in a court of law and the expenses incurred by the Board will be recovered from the polluter.

• Noise as pollution: The Act also includes noise under the category of air pollutants in 1987.

The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 (EPA) is a comprehensive umbrella legislation enacted in response to the Bhopal Gas Tragedy (1984) and to fulfill India’s commitments made at the 1972 Stockholm Conference.

It provides a framework for the protection and improvement of the environment, covering air, water, and land.

Key Features

• The Act empowers the Central Government with all the power to take all such measures as it deems necessary or expedient for the purpose of:

  o Protecting and improving the quality of the environment
  o Preventing, controlling and abating environmental pollution
  o Regulating industrial locations
  o Prescribing procedures for managing hazardous substances
  o Establishing safeguards to prevent accidents
  o Collecting and dismantling information regarding environmental pollution

• The responsibility for implementation of provisions of the Act has been entrusted to the same regulatory agencies created under the Water (Prevention and Control of Pollution) Act, 1974.

• The Central Government is also empowered including the power of entry for examination, testing of equipment and other purposes and power to analyze the sample of air, water, soil or any other substance from any place.

• There is also a specific prohibition on handling hazardous substances except those in compliance with regulatory standards and procedures.

• The Act also provides for penalties for violating the provisions of the Act. Any person who fails to comply with the Act shall be punished with a prison term of up to five years or fine up to Rs. 1 lakh, or both.

• The Act also has innovative provisions for its enforcement, which was not present in any other pollution control legislation at that time.

  o It provides that in addition to authorised Government officials, any person may file a complaint with a court, alleging an offence under the Act.

• The Act provides the framework for regulating genetically modified organisms (GMOs), including the use of genetically engineered organisms and cells.

The Ozone-Depleting Substances (Regulation and Control) Rules, 2000

Also called Ozone Depleting Substances Rules 2000, are a set of rules in India that aim to combat the threat of Ozone layer depletion due to Ozone Depleting Substances (ODSs).

• These Rules were established under the Environment (Protection) Act, 1986, to meet India’s obligations under the Montreal Protocol.

• The Rules were revised in 2001, 2003, 2004, 2005 and 2019 to make the phase-out of ODS easier.

Key Features

• Regulations: These rules regulate the production, trade, import, and export of ODSs as well as the production of products containing ODS.

  o The Rules provide that no person should engage in the production and consumption of ODSs.

  The rules also prohibit all persons from engaging in the export and import of these ODSs to and from the countries that are not specified in the notification.

  o Export and import of these substances, even from those countries which are mentioned in the notification, require prior approval of license from the concerned authority.

  o The Rules also regulate the sale and purchase, as well as the use of these substances within the country.

  o The rules mandate that the production and usage of ODSs must not exceed set standards, and it is not allowed to sell, trade, circulate or store those substances as per the annexed list without a special license.

Phasing out of ODSs

o They also set the deadlines for the phase-out of various ODSs.

o These regulations forbid the use of CFCs in the production of various goods after January 1, 2003 (with the exception of metered dose inhalers and other medical applications).

Since HCFCs are used as a temporary replacement for CFCs, their use is permitted until 1st January, 2040.

Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2019

• The issuance of import licenses for HCFC-141b is prohibited beginning on January 1, 2020.

  o This action is one of the first of its kind at this size in parties to the Montreal Protocol who are covered by Article 5 (special status of developing countries).

National Green Tribunal (NGT) Act, 2010

• The National Green Tribunal Act, 2010 was enacted to provide a specialized forum for quick and effective disposal of environmental cases. It is in line with India’s commitment under the Rio Summit of 1992 and the Right to a Healthy Environment under Article 21 of the Constitution. 
• The National Green Tribunal (NGT) was established on October 18, 2010, under the National Green Tribunal Act, 2010, to expedite environmental justice in India.

Objective:

• To ensure speedy justice (within 6 months of filing an appeal) in environmental matters.
• To reduce the burden of environmental litigation on higher courts.
• To enforce legal rights, provide relief and compensation to victims of environmental damage.

Jurisdiction:

• NGT has original jurisdiction over civil cases involving substantial environmental questions.
• It is empowered to handle disputes under seven key environmental laws:
  1. Water (Prevention and Control of Pollution) Act, 1974
  2. Water Cess Act, 1977
  3. Forest (Conservation) Act, 1980
  4. Air (Prevention and Control of Pollution) Act, 1981
  5. Environment (Protection) Act, 1986
  6. Public Liability Insurance Act, 1991
  7. Biological Diversity Act, 2002

Acts outside NGT’s Jurisdiction:

• Wildlife (Protection) Act, 1972
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)

Legal status and powers:

• NGT is guided by principles of natural justice.
• Its orders are binding and enforceable as civil court decrees.
• Appeals against NGT’s decisions can be made to the Supreme Court within 90 days.
• High Courts can also be approached under specific circumstances.

Constitutional backing:

• Draws inspiration from Article 48A (Directive Principles of State Policy), promoting environmental protection.

Upholds Article 21, ensuring the citizen’s right to a healthy environment.

E-waste Rules, 2022

New additions to the 2022 e-waste rules:

EPR recycling certificate: Producers can purchase online EPR recycling certificates from registered recyclers to fulfilling their recycling target. Such a recycling certificate issued by CPCB will be valid for two years. 

Refurbishing certificate and deferred liability: The concept of deferred liability has also been incorporated. Producers can purchase refurbishing certificates from refurbishers to defer their EPR vis-à-vis the corresponding quantity of e-waste in a particular year.

Incorporation of penal provisions and widened scope: The rules expressly introduced provisions related to environmental compensation and prosecution under section 15 of the Environment (Protection) Act, 1986 (‘EPA’).  

Further, environmental compensation can also be imposed on an entity which aids or abets the violation of the 2022 Rules.

Click here to download the PDF of Environmental Laws in India.

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