Protection of the environment and keeping ecological balance unaffected is a task which not only the government but also every individual, association and corporation must undertake. It is a social obligation and fundamental duty enshrined in Article 51 A (g) of the Constitution of India. The concept of environmental protection is an age old idea imbibed in the Indian cultural ethos since time immemorial. To understand the present-day legal system for environment protection and conservation of natural resources, it is important to look into the past Indian traditions and practices of protecting the environment. In the early years of Independence there was no precise environmental policy and not much attempts were made to frame any specific policy or law for the protection of environment. However, the concern for environmental protection was reflected in the national planning process and forest policy.

Environmentalism is not a fixed concept, but is always evolving influenced by its context. This also applies to Indian environmentalism, which has developed and changed throughout the years. There is a rapid evolution in the Indian legislations after independence as the need and concern regarding environment arose. From ancient environmental rules including Buddhism and Jainism to medieval and then from British era to afterwards including the post 1972 (Stockholm’s) and the coming of modern legislations on environmental laws in India, a great sense of concern has been shown by the legislature and even the Indian judiciary shown a great concern regarding the environment with its landmark judgements.

Policy and Laws in Ancient India (500 BC-1638 AD)

Environmental awareness can be said to have existed even in the prevedic Indian valley Civilization which flourished in northern India about 5,000 years ago. This is evident from the archaeological evidence gathered from Harappa and Mohenjo-Daro which were the prominent cities of the civilization. Their awareness about hygiene and sanitation as evident from their constructions of ventilated houses, orderly streets, numerous wells, bath rooms, public baths and covered underground drains. Protection and cleaning up of environment was the essence of Vedic (1500–500 BC) culture. Charak Samhita (medical Science book of 900 BC – 600 BC) give many instructions for the use of water for maintaining its purity. Under the Arthashastra (an ancient book  on statecraft, economic policy and military strategy), various punishments were prescribed for cutting trees, damaging forests, and for killing animals and environmental ethics of nature conservation were not only applicable to common man but the rulers and kings were also bound by them.

Policy and Laws in Medieval India (1638-1800 AD)

To Mughal rulers, forest meant no more than woodlands where they could hunt.  The history of medieval India is dominated by Muslim Rulers where no note worthy development of environmental jurisprudence took place except during the rule of Mughal Emperor Akbar. During Akbar’s rule except rulers others are prohibited from hunting or shikar. But no major initiatives took place during medieval period to prevent environmental protection and conservation of natural resources as the rulers were only interested in war, religion propagation and empire building. Barring “royal trees” which enjoyed patronage from being cut except upon a fee, there was no restriction on cutting of other trees, hunting animals, etc. Forests during this period shrank steadily in size.

Laws in British India (1800-1947 AD)

• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of seawater.

• Merchant Shipping Act of 1858 dealt with prevention of sea pollution by oil.

• The Fisheries Act, 1897 

• The Bengal Smoke Nuisance Act of 1905 

• Bombay Smoke Nuisance Act of 1912

• Wild Birds and Animals Protection Act, 1912  

Laws after Independence (1947)

• The India Constitution adopted in 1950 did not deal with the subject of environment or prevention and control of pollution as such.

 • It was the Stockholm Declaration of 1972 which turned the attention of the Indian Government to the boarder perspective of environmental protection.

• Comprehensive (special) environmental laws were enacted by the Central Government in India.

• National Council for Environmental Policy and Planning was set up in 1972 which was later evolved into Ministry of Environment and Forests (MoEF) in 1985.

• The Wildlife (Protection) Act, 1972, aimed at rational and modern wild life management.

• The Water (Prevention and Control of Pollution) Act, 1974, provides for the establishment of pollution control boards at Centre and States to act as watchdogs for prevention and control of pollution. 

• The Forest (Conservation) Act, 1980 aimed to check deforestation, diversion of forest land for non-forestry purposes, and to promote social forestry. 

• The Air (Prevention and Control of Pollution) Act,1981, aimed at checking air pollution via pollution control boards.

•The Environment (Protection) Act, 1986 is a legislation which provides for single focus in the country for protection of environment and aims at plugging the loopholes in existing legislation.

• The Public Liability Insurance Act, 1991, provides for mandatory insurance for the purpose of providing immediate relief to person affected by accidents occurring while handling any hazardous substance. 

• The Biological Diversity Act, 2002, is a major legislation intervention effected in the name of the communities supposed to be involved in the protection of biodiversity around them.

The National Environment Policy of 2006 

Objective

• Conservation of Critical Environmental Resources

• Intra-generational Equity: Livelihood Security for the Poor

• Inter-generational Equity

• Integration of Environmental Concerns in Economic and Social Development

• Efficiency in Environmental Resource Use

• Enhancement of Resources for Environmental Conservation

Principles

• Human Beings are at the Centre of Sustainable Development Concerns

• Environmental Protection is an Integral part of the Development Process

• The Precautionary Approach

• Economic Efficiency

• Environmental Standard Setting

 • Preventive Action

 • Environmental Offsetting

Hon’ble Supreme Court through its various judgements also held that the mandate of right to life includes right to clean environment, drinking-water and pollution-free atmosphere. These judgments includes the famous Taj Mahal Case, Dehradun Valley Case, Smoking in Public Places Case, Pollution in Delhi Case, Sri Ram Food and Fertilizer Case, Public Health  Case, Public Park Case and several landmark judgments on Sustainable development. In a nutshell the policies regarding environment has changed very rapidly through legislations as well as the judicial interpretations but still there is need of further growth and development in this regard.