ABSTRACT

In an era marked by environmental concerns and the pressing need for responsible resource management, introduction of laws has played a major role in promoting eco-friendly practices. Environmental law turned out to be the cornerstone facilitating such a legal framework that supports the protection of our planet along with promoting equitable and sustainable growth. Backed by constitutional provisions, India’s environmental enactments embody commitment in balancing conservation along with development.Although the results are effective enough that improvements are visible but still there is a requirement for more because the issue is alarming and need urgent attention. This writing will provide key insights regarding how the laws established, their need, effectiveness and what policies can be introduced to refine the situation.

Key words: Environmental concerns, eco-friendly practices, sustainable growth, balancing development and conservation.

INTRODUCTION

Environmental protection has deep roots in Indian culture and history. People wonder that it is the result of the legislation but the research, customs and the general practices of the people have exposed falsity of such assumptions. For us, environmental protection is a tradition that dates back 6,000 years. Traditionally, people used to consider it as their dharma to worship different elements of environment and keep them preserved. The traces for the same can be picked from Rigveda which establish the symbolism of this close kinship when it says “Heaven is my father, my mother is this vast earth, my close kin” where it tries to demonstrate the relationship between human beings and the natural resources and their inter-dependence on each other.

From the ancient times, cow slaughter has been considered a heinous crime. People used to worship nature and forests for all the valuable things they give us which are required for living a healthy lifestyle. During the Vedic period also, cutting of live trees was prohibited and punishments were prescribed for such acts. Now when the people understood the necessity of environment, they started establishing certain rules of conduct which could help them save environment for the sake of their own survival. They knew that if individualist pattern will be followed, the whole society would come in danger. Thus, such rules are required to be laid down that could govern the behaviour of the people in the society. Such rules could either be written, which include legal norms and are generally more enforceable upon the people, or unwritten, which include morals, customs and alike. Using such sources, different codes along with different punishments were set by the people and the State to do the needful.

FORMULATION OF LAWS TO PROMOTE ECO-FRIENDLY PRACTICES

In the second-half of the Twentieth century, the environmental problems began to rise at such an alarming rate that it started posing great threat to the survival of mankind. The growing danger started attracting international concerns which in result initiated various international conferences, adoption of international regulations, action plans, formation of various committees, research, setting global agendas, etc. It was at this point of time that the community realized that environmental protection needs to gain the attention that it truly deserves.

“The Earth does not belong to us. We belong to this Earth” was well understood by the people and efforts were being made to preserve it.It has rightly been quoted that the greatest threat to our planet is the belief that someone else will save it. As the environmental awareness spread at the international level, the states individually began to deal with the legal regulation of environmental issues in their respective areas. This gave rise to the various laws, rules and policies which formulated the behaviour of the people in the society. Provisions of ‘The Constitution of India’ highlighted under “Directive Principles of State Policy” impose a duty on the state to preserve natural resources and to provide a clean and healthy environment to its people. Not only is the state obliged, but people also have to remember their “Fundamental Duty” to maintain the environment in such a way that it remains an enjoyable place for each living being on this planet Earth. ‘Right to live in a clean and healthy environment’ was recognised as a “Fundamental Right” of citizens under Article 21. In this way a basic framework was laid down in our Grund norm to protect the environment.

This was further carried forward in ‘Corporate Laws’ when it was observed that industries play a major role in harming the environment. Such rules were made and awareness programmes were being driven which could encourage sustainable business practices and regulate environmental impact of corporate activities. Suitable changes were made to ‘Tax Laws’ too where incentives for sustainable practices were being offered to such industries which promote eco-friendly practices and to its contrary, heavy taxes were imposed on those which carry activities harmful for environment.Looking at the urgent need to serve the environmental problems, a special and a separate ‘Environmental Law’ came into force to cater all the environment related matters and provide for their easy and quick disposal as well. National Green Tribunal was set up as a specific quasi-judicial body to hear environmental matters and speedily address them. Energy Law, Planning and Development Law, Water Law, Climate Change Law, Biodiversity Law, Waste Management Law, Agriculture Law, Forestry Law, Marine Law, Green Building Law and many more laws were made to preserve environment and protect natural resources in every possible way because small actions today make a better tomorrow. Since the concern was global, international laws were altered to address global environmental issue. Such treaties were signed which could promotes co-operation among nations on environmental protection. “UNESCO” emerged as an international organization to set global agendas and focus keenly on activities of various nations to promote eco-friendly practices. As a result, the country observed some favourable outcomes because now it was not only the moral duty of people to look at their environment, but their legal duty as well which, if not followed, may result in heavy sanctions upon them.

EFFECTIVENESS OF ENVIRONMENTAL REGULATIONS

After the laws have come into force it is observed that a more standard framework is governing the motive of environment protection and sustainable development which has given comparatively better results to what the practices were before establishing laws.

Environmental laws are enforced through legal tools like fines, penalties, and lawsuits against those who don’t comply resulting in effective implementation.

It aims to ensure that development meets current needs without compromising the ability of future generations to meet their own. This involves balancing economic, social, and environmental considerations.

Judges frequently mandate EIAs for projects and reports which can have negative impact on environment so that potential risks can be evaluated and mitigated on correct time.

Polluter Pays Principle is followed and heavy compensations are awarded for environmental damages to ensure that those who harm the environment will not be left unpunished.

The facility of Public Interest Litigation is given to people. It incorporates a feeling among them that environment issues are no less important and they must raise their voice if anyone tries to take away their right from them.

The regulations not only turned out to be effective at national level but on the global level as well. The presented image is taken from the official report of UNESCO which clearly shows that how much improvements have been made in 2023 as compared to 2019.

POLICY RECOMMENDATIONS

Although the country is on the better page in addressing environmental challenges but still there is a lot more that can be improved to increase effectiveness. Effective environmental governance hinges on better co-ordination among agencies, a unified leadership structure, and enhanced training for those enforcing environmental regulations.The EIA process should be improved by incorporating public participation and expanding its scope to include social and health impact assessments.Promoting sustainable development practices across sectors like industry, agriculture, transportation, and urban planning can be achieved through green technologies, renewable energy adoption, sustainable agricultural practices, and eco-friendly infrastructure development.A strong requirement of direct educational programs to raise public awareness is requisite so that people can understand that nature is not a place to visit. It is our home. Business enterprises must be incentivised to adopt cleaner technologies and sustainable practices, leading to innovation and efficiency improvements.

CONCLUSION

Looking ahead into the future, it becomes quite clear that environmental law must continue to evolve in order to meet the challenges of the dynamic world. It is only because of these legal mechanisms that we hope to achieve our lofty goals of sustainable development. The main thing which we have to focus on is to adopt quality regulations and then follow them respectfully. An interest has to be created among people so that they protect environment not only out of fear of punishments and fines but also according to their own belief. Although developing such a feeling is going to be difficult and time-consuming but it will absolutely be achieved one day.

**The views and opinions expressed in this blog are solely those of the author.**