‘Paryavaranam Raksha’

Dr. Ankit Todi

Advocate

‘Paryavaranam Raksha’ the Sanskrit words for the concept of

environmental protection is an age old idea imbibed in the Indian cultural ethos
since time immemorial. Indian Ethos since pre-Vedic period till the modern era
depicts Indian’s awareness about importance of environmental protection and
conservation of natural resources with various past traditions and practices of
protecting the environment. Idea of environmental protection and conservation of
natural resources are traceable to vedic civilization where worship of nature
originated and the vedic views revolve around the concept of nature and life, by
imposing obligations on the society and individuals to worship nature through
worshipping trees. Awareness about hygiene and sanitation are evident from the
constructions of ventilated houses, orderly streets, numerous wells, bath rooms,
public baths and covered underground drains from the earliest known cities of
civilization of Harappa and Mohenjo-Daro. For conservation of natural resources
Kautilya in Arthashastra laid down norms relating to setting up and conservation
of Forests which included setting up forests for each of the forest produce,
punishment for selling certain trees and plants without approval of authorities and
penalties for cutting branches, destroying trunks and uprooting trees.

Imbibed of such ideal for environment protection in our culture we are

although aware and practicing the same within our home, we have forgetting our
neighbouring areas outside the home and in places we visit or work. We are
somewhere forgetting that environment and natural resources are considered as
things not inherited from the past generation but things borrowed from the future
generations. If we destroy natural resource base or pollute environment, future
generation will find it difficult to survive. Decline in environmental quality has
been mainly due to reduced forest areas, pollution caused from improper use and

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disposal of harmful chemicals, uncontrolled contamination of rivers and water
bodies, improper disposal of sewerage and human wastes, unabated disposal of
non-biodegradable items. Industrial growth in Indian over few decades has been
tremendous. Development of tourism led to establishment of hotels and restaurants
besides creation of disposable products of the convenience of tourists. Except few
planned and organised cities and towns there is haphazard growth and unregulated
activities adding to the problem of degraded environment effecting not only the
human race but other living creatures and plants.

Beginning of systematic legal policies for conservation of natural resources

is traceable to 1855, where for a systematic forest policy, Governor General Lord
Dalhousie issued memorandum on forest conservation called ‘the Charter of Indian
Forests’. Under British rule forest management laws and several other legislations
were enacted for the purpose of environmental protection and conservation of
natural resources but they lacked in giving importance to the implementation of
such laws. Prominent among the laws formulated were, (i) Shore Nuisance
(Bombay Colaba) Act, 1853 to regulate disposal of waste discharged in the coastal
area attached to Bombay and Colaba from industrial plants, (ii) Oriental Gas
Company Act, 1857 imposing restriction on the Oriental Company to prevent
polluting river and sea water, (iii) Chapter XIV of the Indian Penal Code creating
the offence of nuisance attempted to protect public health, safety and trying to
prevent environmental degradation, (iv) North India Canal and Drainage Act, 1873
intended to ensure free flow of canals and rivers for the purpose of irrigation and
drainage besides legal regulation of discharge of the industrial effluents, (v)
Madras Elephant Preservation Act, 1879 for conservation of wildlife, (vi) Section 5
of Indian Fisheries Act, 1897 providing punishment for poisoning with lime or
noxious material, of any water with the intent of catching or destroying any fish,
(vii) Wild Birds and Animals Protection Act, 1912 prohibiting hunting of wild
birds and animals, the Act which established Kaziranga Wild Life Sanctuary in
1926 and Corbett National Park in 1936. Apart from the above several other
legislations such as Poisons Act, 1919, Indian Ports Act, 1908, Boilers Act, 1923,

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Forest Act, 1927, were concerned with preservation of environment and
conservation of natural resources.

Although since sixties world over concern has been raised for safe and
clean environment but in India only since last few years it has become a matter of
concern to protect the quality of environment with formulation of stringent laws
for regulating the activities of environmental degradation. Constitution of India
incorporated specific provisions on environmental protection during 1976 in the
form of Directive Principles of State Policy and Fundamental Duties enunciating
the national commitment to protect and improve environment. This was done
inspite of there being sufficient provisions in the Seventh Schedule Lists under
Article 246, empowering the Union and State Governments to make laws for
protection of environment and conservation of natural resources.

Enabling provisions, to legislate laws for protection of environment and

conservation of natural resources, in the Constitution of India led to enactment of
Factories Act, 1948, Prevention of Food Adulteration Act, 1954, River Boards Act,
Mines and Minerals (Regulation and Development) Act, 1956, Ancient
Monuments and Archaeological Sites and Remains Act, 1958, Atomic Energy Act,
1962 and Insecticides Act, 1968. Continuous deterioration of air and water and its
concern led to formulation of Water (Prevention and Control of Pollution) Act,
1974 and Air (Water Prevention and Control of Pollution) Act, 1981 apart from
various Rules framed under the Environment (Protection) Act, 1986 for regulating
the handling, use and disposal of hazardous chemicals, bio-medical wastes,
plastics, ozone depleting wastes, batteries and other hazardous wastes besides
Rules for regulation of noise pollution.

Present day legal system for environment protection and conservation of

natural resources, formulated the norms and policies of environmental protection
prevalent in ancient, medieval and modern India. However, they mostly employ a
system of licensing and criminal sanctions for preservation of natural resources and
to regulate their use. Under the existing laws for environmental protection, the
regulatory agencies responsible for implementation of the same are somewhere

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lacking required activeness in implementation of the laws in proper co-ordination
with various State Departments and other stakeholders.

Inspite of various laws to prevent and control environment degradation

much could not be achieved at the implementation level for environment protection
and conservation of natural resources. As such, in order to enforce legal rights to
healthy environment construed as a part of right to life under Article 21 of the
Constitution of India, and for giving relief and compensation for damages to
persons and property, giving relief in other connected or incidental matters, and for
effective and expeditious disposal of lis relating to environmental protection and
conservation of forests and natural resources, National Green Tribunal was
established. Green Tribunal has been playing active role for implementation of
various laws towards improvement of environment and monitoring activities of
various regulatory agencies is respective States.

India with its rich cultural heritage and ethos depicting awareness about
importance of environmental protection and conservation of natural resources is
endangered by large development projects and short-sighted location based
decisions. Environmental Experts cautioned of environmental pollution having
reached such an alarming rate that world is increasingly becoming unsuitable for
human habitation. Environmental hazards in India are posing serious threat to
human life, more particularly to children and elders. As an individual, unless we
develop positive values and have a responsible approach towards environment
protection in our daily life even the well formulated norms and policies of the legal
system will be turned into a storehouse of spectators. As an individual social
responsibility it has become increasingly important for formulation of positive
ecological and environmental values as the basis for our wider practicing role
toward the mother earth.

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References –
 Rajani Rao, U. (2014), Environmental Awareness in Ancient India,
International Journal of Life Sciences Research, p.1. Retrieved from:
www.researchpublish.com/download.php?.Environmental%20Awareness.
 Kenoyer, Jonathan Mark, (1991), The Indus Valley tradition of Pakistan
and Western India, Journal of World Prehistory, p.42. Retrieved from
http://link.springer.com/article/10.1007%2FBF00978474.
 Gupta, P.K., (1987) Kautilyan Jurisprudence. New Delhi: Oxford
University Press, p.155.
 Hiremath, Vijay N. (2016), A Critical Study of Law and Policy Relating to
Conservation of Natural Resources in India. (Doctoral dissertation).
Karnataka University. Retrieved from http://hdl.handle.net/10603/145973.
 Government of India (2010), The Gazette of India Extraordinary No. 25
dated 02.06.2010, National Green Tribunal Act, 2010, p. 1. New Delhi:
Ministry of Law and Justice.
 The Environment (Protection) Act, 1986, New Delhi: Universal Law
Publishing Co. Pvt. Ltd. (2010), p.1.
 Water (Prevention and Control of Pollution) Act, 1974, New Delhi:
Universal Law Publishing Co. Pvt. Ltd. (2009).
 The Air (Water Prevention and Control of Pollution) Act, 1981, New Delhi:
Universal Law Publishing Co. Pvt. Ltd. (2009).
 Bakshi, P.M. (2015), The Constitution of India. New Delhi: Universal Law
Publishing Co. Pvt. Ltd., pp. 63, 110, 121, 269, 408.