Yuvraj Sharma, School of Law, NMIMS Hyderabad
ABSTRACT
In India, the concept of Environment Preservation is as old as the nation itself. Since the beginning of our civilisation men and women have constantly strived to protect and preserve the Mother Earth. This ancient tradition of environment preservation even reflects in our modern-day India. India is the member of almost all the conventions, declarations, Conferences and Protocols dedicated to the protection of Environment Law. Some of them are the Stockholm Declaration, United Nation Environment Program, Rio Declaration, Kyoto Protocol etc.
Indian Judiciary and Legislation is striving to build good legislations backed up by judicial precedent so that a strong foundation for Environmental Law Jurisprudence could be construed. International measures are accompanied by the efforts of national legislatures throughout the world consisting of enactment and remodelling of existing environmental laws. India has also enacted and constantly amended the existing environmental laws to suit the changing conditions.
Though there were several legislations related to environment existed prior to the independence but it was only after the Stockholm's declaration that India started the legislations related to environment such as the National Council for Environmental Policy and Planning was set up in 1972 within the Department of Science and Technology to establish a regulatory body to look after the environment-related issues.
This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF). The parliament also passed the various legislation related to environment such as the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, 1981, and the wild life (protection) act,1972 ETC. These acts enacted for a wider purpose of protecting and improving the human environment, a goal laid down by the Stockholm conference.
