Environmental Treaties & National Green Laws
Multilateral environmental agreements and domestic statutory frameworks establish binding legal principles to prevent ecological harm. Major international treaties include the Ramsar Convention on Wetlands (1971), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, 1973), the Basel Convention on hazardous wastes (1989), and the Convention on Biological Diversity (CBD, 1992). In India, environmental jurisprudence expanded following the 1984 Bhopal Gas Tragedy, prompting the enactment of the Environment (Protection) Act of 1986. The National Green Tribunal (NGT) was established under the NGT Act 2010 as a specialized judicial body for expeditious environmental dispute resolution, upholding the Polluter Pays Principle and Precautionary Principle.
Key Concepts & Examination Highlights
- The National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010, making India the third country globally to have a specialized green tribunal.
- The Ramsar Convention on Wetlands of International Importance was signed in Ramsar, Iran, on February 2, 1971.
- CITES (Convention on International Trade in Endangered Species) regulates cross-border trade in wild animal and plant specimens across three strict appendices.
- The Environment (Protection) Act, 1986, was enacted under Article 253 of the Indian Constitution following the 1984 Bhopal Gas Tragedy, serving as an umbrella legislation for environmental protection.
- The Stockholm Convention on Persistent Organic Pollutants (POPs), adopted in 2001, aims to eliminate or restrict the production and use of hazardous persistent toxic chemicals like DDT, PCBs, and dioxins.
- The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted in 1989 to prevent the dumping of toxic waste from developed to developing countries.
- The Rotterdam Convention (1998) promotes shared responsibility and open exchange of information regarding international trade in certain hazardous chemicals and pesticides via Prior Informed Consent (PIC).
- The Forest (Conservation) Act of 1980 mandates prior approval from the Central Government for the diversion or de-reservation of forest lands for non-forest purposes.
- The Public Liability Insurance Act, 1991, provides for mandatory public liability insurance to provide immediate relief to victims of industrial accidents involving hazardous substances.
- The Minamata Convention on Mercury, adopted in 2013 under UNEP, is a global treaty designed to protect human health and the environment from anthropogenic emissions and releases of mercury compounds.
- Environmental Impact Assessment (EIA) was made statutory in India under the Environment (Protection) Act, 1986, through the landmark EIA Notification of 1994, updated systematically in 2006.
- The Coastal Regulation Zone (CRZ) notifications, issued under the EPA 1986, classify coastal stretches into four zones (CRZ-I to CRZ-IV) to regulate industrial activities and protect shoreline ecosystems.
- The Ramsar Convention on Wetlands, signed in 1971 in Iran, provides the intergovernmental framework for the conservation and wise use of wetlands and their resources.
- The Montreal Protocol on Substances that Deplete the Ozone Layer, signed in 1987, is the only universally ratified UN treaty, successfully phasing out chlorofluorocarbons (CFCs).
- The Kigali Amendment to the Montreal Protocol (2016) mandates the phased reduction in the consumption and production of hydrofluorocarbons (HFCs), potent greenhouse gases.
- The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted in 1989 to protect human health against hazardous waste dumping.
- The Stockholm Convention on Persistent Organic Pollutants (POPs), adopted in 2001, aims to eliminate or restrict chemicals that remain intact in the environment for long periods.
- The Minamata Convention on Mercury, adopted in 2013, regulates anthropogenic emissions and releases of mercury and mercury compounds to protect human health.
- The Environment (Protection) Act, 1986, was enacted in India under Article 253 of the Constitution in the aftermath of the 1984 Bhopal Gas Leak tragedy.
- The Forest (Conservation) Act of 1980 restricts the de-reservation of forests and the diversion of forest land for non-forest purposes without prior central government approval.
- The National Green Tribunal (NGT) was established under the NGT Act 2010 for effective and expeditious disposal of cases relating to environmental protection and forest conservation.
- The Coastal Regulation Zone (CRZ) Notifications, issued under the Environment Protection Act 1986, regulate developmental and commercial activities along India's coastline.
- The Biological Diversity Act of 2002 established a three-tier institutional structure: the National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs), and local BMCs.
- The Compensatory Afforestation Fund Act (CAMPA Act), 2016, manages funds collected against the diversion of forest land to ensure mandatory afforestation and ecological restoration.
- The Wildlife Protection Act 1972 was comprehensively amended in 2022 to streamline schedules, integrate CITES compliance, and strengthen enforcement penalties.
- Article 48A of the Constitution of India, added by the 42nd Amendment in 1976, directs the State to protect and improve the environment and safeguard forests and wildlife.
- Article 51A(g) of the Constitution imposes a fundamental duty on every Indian citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
- The Wildlife (Protection) Act, 1972, provides the foundational legal framework for the protection of wild animal species, birds, and plants and the establishment of protected areas.
- The Wildlife (Protection) Amendment Act, 2022, rationalized wildlife protection schedules from six schedules down to four, aligning domestic law with CITES appendices.
- Schedule I of the amended Wildlife Protection Act accords the highest level of legal protection to endangered species with stringent penal provisions.
- Schedule IV of the amended Wildlife Protection Act specifically regulates specimens of wild fauna and flora listed under CITES appendices.
- The Water (Prevention and Control of Pollution) Act, 1974, was India's first dedicated environmental legislation, establishing the Central and State Pollution Control Boards.
- The Air (Prevention and Control of Pollution) Act, 1981, was enacted to implement decisions of the 1972 UN Stockholm Conference, expanding CPCB powers to regulate air quality.
- The Air Act was amended in 1987 to formally include noise pollution within the statutory definition of air pollutants.
- The Environment (Protection) Act, 1986 (EPA), was enacted under Article 253 of the Constitution as an umbrella law in the direct aftermath of the 1984 Bhopal Gas Tragedy.
- The Environment (Protection) Act empowers the Central Government to set nationwide environmental quality standards, regulate industrial locations, and declare Eco-Sensitive Zones.
- The Public Liability Insurance Act, 1991, provides mandatory no-fault public liability insurance coverage to provide immediate relief to victims of accidents handling hazardous substances.
- The National Green Tribunal (NGT) was established on October 18, 2010, under the National Green Tribunal Act, 2010, for effective and expeditious disposal of environmental cases.
- India became only the third country in the world (after Australia and New Zealand) and the first developing nation to establish a specialized environmental tribunal.
- The National Green Tribunal is mandated to dispose of applications and appeals within six months of filing.
- The Principal Bench of the National Green Tribunal is located in New Delhi, with four regional benches in Bhopal, Pune, Kolkata, and Chennai.
- The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but is guided by the principles of Natural Justice.
- The NGT applies the sustainable development principle, the Precautionary Principle, and the Polluter Pays Principle while passing judicial orders.
- The Chairperson of the NGT is a retired Supreme Court Judge or retired Chief Justice of a High Court, appointed by the Central Government in consultation with the CJI.
- The Biological Diversity Act, 2002, was enacted to implement the UN Convention on Biological Diversity (CBD), establishing a three-tier institutional structure.
- The three-tier biodiversity governance system comprises the National Biodiversity Authority (NBA, Chennai), State Biodiversity Boards (SBBs), and Biodiversity Management Committees (BMCs).
- Biodiversity Management Committees (BMCs) at the local panchayat and municipality levels prepare People's Biodiversity Registers (PBRs) documenting local bio-resources and traditional knowledge.
- The Forest (Conservation) Act, 1980, strictly prohibits state governments from de-reserving reserved forests or diverting forest land for non-forest purposes without prior central approval.
- The Forest (Conservation) Amendment Act, 2023, renamed the act to Van (Sanrakshan Evam Samvardhan) Adhiniyam and defined specific exemptions for strategic border security infrastructure.
- The Compensatory Afforestation Fund Act, 2016 (CAMPA), manages funds collected from project developers for the diversion of forest land to ensure mandatory compensatory afforestation.
Sample Solved Questions & Concept Explanations
8 Verified Concept QuestionsWorld Environment Day is celebrated globally every year on which date?
Earth Day is observed internationally every year on which date to support environmental protection?
Which international treaty signed in 1987 successfully phased out ozone-depleting chlorofluorocarbons (CFCs)?
Which international convention signed in 1971 in Iran focuses on the conservation and wise use of wetlands?
The legal act enacted in India in 1972 to provide protection to wild animals, birds, and plant species is what?
The 'Basel Convention' (1989) is an international treaty designed to control and reduce the transboundary movements of what?
The 'Stockholm Convention' (2001) aims to eliminate or restrict the production and use of which class of harmful environmental chemicals?
The National Green Tribunal (NGT) was established in India under the NGT Act 2010 for what primary purpose?