Environmental Laws

The present framework of environmental law in India primarily consists of legislations related to preventing water and air pollution (Water Prevention and Control of Pollution Act, 1974; Air Prevention and Control of Pollution Act, 1981), environmental protection (Environment Protection Act,1986), forest conservation (Forest Conservation Act, 1980) and biodiversity protection (Biological Diversity Act,2002). These laws are expected to provide a strong legal framework for environmental protection.
The supreme law of the land, the Indian Constitution, exhibits a keen interest in conservation of the environment. The Preamble of the Constitution declares that the State is under an obligation to fulfill the basic aim of socialism i.e. to provide a decent standard of living to all, which can be possible in a pollution free environment. Thus to constitute a socialistic pattern of society, the important aspect of environmental protection cannot be overlooked.
Part III of the Indian Constitution deals with fundamental rights. Also, these rights are enforceable in the court of law (Art.32). In an ample number of cases, the Supreme Court has held that clean environment is essential to bring some value to life. In many judgments, the Supreme Court has held that "right to life is a fundamental right under Article 21, and it includes the right of enjoyment of pollution free water and air for the full enjoyment of life." It also added that "if anything endangers or impairs that quality of life in derogation of laws, a citizen has a right to have recourse to Article 32 for removing the pollution of water or air, which may be detrimental to the quality of life."
Part IV of the Indian Constitution i.e. the Directive Principles of State Policy deal with the environment in Article 47. It directs the state to improve the standard of living and general well-being of the public. To fulfill this constitutional goal, it is necessary that the state should provide pollution free environment. These provisions are incorporated in the Constitution of India by the Constitution (42nd Amendment) Act, 1976. Article 48-A, thus added to the Directive Principles states that it is the duty of government to safeguard the environment i.e. the forests and wildlife. The chapter on Fundamental Duties states that it is the duty of every citizen to take care of and safeguard the natural environment.
Our team at Justitia Law Offices are abreast of the aforesaid statutes and legislations and provide one stop solution to all the enviro-legal issues. The firm is also oriented towards public interest litigation with respect to matter pertaining to environmental laws. As part of our work ethics the firms sole motto is to provide unmatched services in the field of the environmental issues.
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