The number of cases related to environmental issues pending in the Supreme Court of India is around 110 and 3573 in the National Green Tribunal. This information was given by Minister of State for Environment, Forest and Climate Change, Dr. Mahesh Sharma in a written reply to a question in Rajya Sabha on 6th August, 2018
Our Indian Constitution guarantees Right to life and liberty under Article 21, which says that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Here, putting emphasis on “Life” part of the Article, will see that how it has broad contours to substantiate this right. Life is not construed in Article 21 of the Constitution merely the physical act of breathing. It does not connote mere animal existence. It has a much wider meaning which includes right to live with human dignity, right to livelihood, right to health, right to pollution free air, etc. Right to life is fundamental to our very existence without which we cannot live as human being and includes all those aspects of life, which go to make a man’s life meaningful, complete, and worth living. The Indian Judiciary, the custodian of constitution, has been giving beacon light for such valuable Right while interpretation the constitution in positive manner. Judicial Chronology is full of landmark decisions, which embarked upon that Right to life far exceeds mere breathing and walking and developed Environment Jurisprudence. Judiciary plays the vital role in the protection of environment.
The Government has enacted the Environment (Protection) Act, 1986; The Air (Prevention and Control of Pollution) Act, 1981; The Water (Prevention and Control of Pollution) Act, 1974; The Water (Prevention and Control of Pollution) Cess Act, 1977; the Forest (Conservation) Act, 1980; The Biological Diversity Act, 2002 and the Public Liability Insurance Act, 1991 etc. to regulate the matters related to environmental degradation. Besides the Government has notified The Plastic Waste Management Rules 2016; Plastic Waste Management (Amendment) Rules 2018; Bio-Medical Waste Management Rules 2016; Solid Waste Management Rules 2016; Construction and Demolition Waste Management Rules 2016; E-Waste (Management) Rules 2016; E-Waste (Management) Amendment Rules, 2018; Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2016; Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2017; Hazardous and other Wastes (Management & Trans-boundary Movement) Amendment Rules, 2018. Further, Eco-Sensitive Zones are being established by the Government around the Protected Areas like national parks and wildlife sanctuaries to serve as buffer regions, ensuring balance between local economic growth and conservation imperatives. To mitigate pollution from industries, norms related to emissions and effluents from various industrial sectors have been notified, besides general standards. Online monitoring of industrial pollution through 24×7 Continuous Emission/ Effluent has been established in over 2700 industries of 17 categories. Online monitoring of industrial pollution in River Ganga is also established in over 700 industries. Coastal Zone Regulatory Authority has been established to take care of pollution abatement around the coastal areas for their sustainable development. The Environmental Clearance, CRZ Clearance and the Forest Clearance processes are also intended to protect the environment.
The impact of the measures taken has been mitigation of environmental problems as against business as usual scenario”.
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