India
As one of the BRICs countries, India has achieved remarkable economic growth in recent years. Along with economic growth, environmental pollution is increasing in the country. Various challenges have emerged, including air pollution in cities due to industrial development and vehicle emissions, degradation of water quality in the Ganges and other rivers, and an increase in waste (general waste, hazardous waste, waste electrical and electronic equipment, etc.) due to the growth of the urban population. India is also one of the largest emitters of greenhouse gases in the world. Therefore, while India is not under an obligation of international emission reduction, negligence in its efforts to reduce emissions is unacceptable. In order to deal with these environmental problems, India is taking proactive measures.
In addition to the Constitution, which provides for environmental protection, India developed the following environmental policies.
The National Environment Policy, 2006 was formulated based on these policies. The objectives of the policy are as follows.
Ministry of Environment, Forest and Climate Change is as the implementing agency for the policy.
These policies are not legally binding, but serve as guidelines for the central and state governments.
The main legal regime in India is shown in the following chart. The Indian legal system consists of Acts approved by the Parliament, Rules made by the relevant ministries and agencies to implement the laws, and Notifications made by the relevant ministries and agencies within their powers.
The Constitution of India is the supreme law in the country. The Constitution consists of a total of 395 articles and annexes and is a massive document. The Constitution is frequently amended in India, and since it came into force in 1950, it has been amended 103 times as of August 2020.
Following the United Nations Conference on the Human Environment held in Stockholm in 1972 and the adoption of the Declaration on the Human Environment, India became the first country in the world to include provisions on environmental protection (Article 48A, Article 51A(g)) when it amended the Constitution in 1976.
“48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
“51A. It shall be the duty of every citizen of India–
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(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
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These provisions provide for the imposition of environmental protection obligations on the government and citizens. On the other hand, there is no provision in the Constitution recognizing the right to the enjoyment of a good environment. However, Article 21 guarantees individual liberty and the Indian judiciary, on the basis of the same Article, recognizes the right to enjoy a good environment as a fundamental human right.
“21. No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Constitution defines (1) areas over which the central government has exclusive supervisory authority, (2) areas over which state governments have exclusive supervisory authority, and (3) areas over which both governments have supervisory authority (Article 246), which are listed in Annex 7. List I (Union List) in the Annex lists the areas overseen by the central government, including defense and foreign affairs. List II (State List), which lists the areas overseen by state governments, includes public health and state public services. In relation to the environment, the state governments are empowered to supervise water, land, agriculture and fisheries, while forest and wildlife protection are listed in List III (Concurrent List), in which both the central and state governments have supervisory authority. In addition, state governments have oversight authority over water (e.g., water supply, irrigation water, hydroelectricity, etc.). In matters such as the management of rivers flowing through several states, the federal government is allowed to exercise oversight, subject to congressional approval.
Environmental regulations existed in India even before the country gained independence in 1947. However, it was not until the United Nations Conference on the Human Environment in 1972 that environmental laws and regulations began to be formulated in earnest. The Water (Prevention and Control of Pollution) Act, 1974, was the beginning of the process. The Water Act was enacted to prevent water pollution in India, and the development of India’s environmental laws began with the control of water pollution. The Water Act prohibits discharge of pollutants into the water system in excess of the standards and provides for penalties for violators. Also, it provides for setting up a Central Pollution Control Board (CPCB) for the Central Government and a State Pollution Control Board (SPCB) for the State Governments.
In 1981, the Air (Prevention and Control of Pollution) Act, 1981 was enacted. The Air Act was enacted to prevent air pollution in India and empowers state governments to ban the use of polluting fuels and substances. It also gives the CPCB and SPCBs the authority to control air pollution.
In 1986, the Environment (Protection) Act, 1986, was enacted as a comprehensive environmental legislation. The purpose of the Act is to provide a framework for the prevention and control of various environmental problems such as water, air and soil, as well as for the coordination of central government agencies and state government agencies. Article 3 of the Act provides that “the Central Government shall have the power to take all such steps for the protection and improvement of the environment and for the prevention, control and abatement of environmental pollution as it may deem necessary or appropriate”. Article 25 also empowers the central government to make rules. Further, the Act also provides for penalties, and violation of the Act and its implementing rules is punishable by imprisonment for a maximum of five years or a fine of 100,000 rupees, or both (Article 15).
The implementing regulations of the Environment (Protection) Act, 1986 contain rules on a variety of areas such as waste, chemicals and noise, indicating that the Act is a comprehensive legislation covering a wide range of areas.
There are also the Public Liability Insurance Act, 1991, the Forest Conservation Act, 1980, the Biological Diversity Act 2002, and the Energy Conservation Act, 2001. Many of these kinds of environmental laws, particularly those related to nature conservation and pollution control, are administered by the Ministry of Environment, Forest and Climate Change (MoEFCC). On the other hand, some laws on energy conservation are administered by the Ministry of Power (MoP) and other ministries and agencies.
Framework of EHS laws and regulations in India.
| Category | Theme |
|---|---|
| Overall |
Overview, Environmental Standards India, Organizations with Governing Environmental Regulations |
| Chemical | Chemical Management |
| Waste | Waste Management |
| Energy | Energy Efficiency Regulation of Products |
| Product Designs | Product Designs in India |
| Water | Water Pollution Control |
| Air | Air Pollution Control |
| Other Pollution | Noise, Vibration and Odour Control |
| OSH | Occupational Safety and Health |
India
On April 13, 2023, India’s Energy Transition Advisory Committee (ETAC) released “The Green Shift,” a report on energy transition in the Indian oil and natural gas sector.
India
On March 31, 2023, India’s Bureau of Energy Efficiency (BEE) has made additional items to the voluntary scheme of the Standards & Labeling Programme, an energy-saving labeling scheme under the …
India
On April 13, 2023, India’s Central Pollution Control Board (CPCB) promulgated a notification document for the implementation of the E-Waste (Management) Rules, 2022. The purpose of this notification is to …
India
On April 23, 2023, India’s Ministry of Jal Shakti released a report of India’s first ever census on water bodies.
India
On May 2, 2023, India’s Ministry of Environment, Forest and Climate Change (MoEFCC) released a draft of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023, which …
India
India’s Bureau of Energy Efficiency (BEE) announced on April 5, 2023, a proposal to amend regulations on the labeling of tubular fluorescent lamps subject to Standards ＆ Labeling Programme, along …
India
On March 21, 2023, the Indian Central Pollution Control Board (CPCB) issued the Standard Operating Procedures (SOP) for producer registration through the online portal under the Battery Waste Management Rules, …
India
On April 24, 2023, the Indian Ministry of Chemicals and Fertilizers issued an amended order to further postpone the date of entry into force of the quality control orders for …
India
NOTE: India’s Ministry of Power officially published Carbon Credit Trading Scheme on June 28, 2023. See more details in the following: India Releases Carbon Credit Trading Scheme India’s Ministry …
India
On April 3, 2023, the Central Pollution Control Board (CPCB) of India issued a supplementary document, in the implementation of Extended Producer Responsibility (EPR) of plastic packaging waste. The EPR …
India
On February 16, 2023, the Ministry of Environment, Forest and Climate Change of India (MoEFCC) issued a draft regulation on the use of agricultural waste in thermal power plants, “Agro …
India
On March 21, 2023, the Central Pollution Control Board (CPCB) of India released a draft that specifies the average lifetime of products under the E-Waste (Management) Rules, 2022. The rules …
India
On March 04, 2023, the Bureau of Energy Efficiency (BEE) of India promulgated the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Ultra-High Definition Televisions) …
India
The Indian government on March 6, 2023 issued guidelines to ensure safety on transportation of dangerous goods.
India
On February 28, 2023, the Bureau of Energy Efficiency (BEE) of India promulgated the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Light Commercial Air …
India
India’s shipping regulator, Directorate General of Shipping (DGS) in a notification issued on February 24, 2023 has banned oil tankers and bulk carriers both registered in India and foreign flagged …
India
India strengthened the transport rules for dangerous goods.
India
On January 24, 2023, the Bureau of Energy Efficiency (BEE) of India announced the draft regulation Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Washing …
India
India’s Ministry of Environment, Forests and Climate Change (MoEFCC) on February 17, 2023 finalized and announced list of activities to be considered for trading of carbon credits under bilateral and …
India
On February 2, 2023, the Indian Ministry of Chemicals and Fertilizers promulgated an amendment order to postpone the date of entry into force of the Quality Control Order for morpholine, …
India
On February 1, 2023, the Bureau of Energy Efficiency (BEE) of India promulgated the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Deep Freezers) Regulations, …
India
India is accelerating the building of a hydrogen society.
India
India partially amends RoHS regulations in order to adds new exemptions.
India
On January 4, 2023, the Ministry of Environment, Forest and Climate Change (MoEFCC) of India announced a draft of the Regulation of Common Effluent Treatment Plants Rules, 2022, which regulates …
India
On January 3, 2023, the Bureau of Energy Efficiency (BEE) of India published and enacted the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Distribution …
India
On December 7, 26 and 27, 2022, the Bureau of Energy Efficiency (BEE) of India issued a notification extending the current energy efficiency evaluation framework for five items: light commercial …
India
On December 5, 2022, the Bureau of Energy Efficiency (BEE) of India issued a notification to adopt QR codes in addition to energy efficiency labels under its “Standards & Labeling …
India
In late December 2022, the Central Pollution Control Board (CPCB) of India issued the General Framework for Imposing Environmental Damage Compensation. This framework was developed based on an environmental court …
India
India’s national auditors, Comptroller and Auditor General (CAG) in a report titled “All India Audit Report on Waste Management” published on December 21, 2022 states that a performance audit revealed …
India
On December 20, 2022, the Ministry of Law and Justice of India published the Energy Conservation (Amendment) Act, 2022. The amendment introduces the concept of carbon credit trading and adds …
India
India’s Ministry of Consumer Affairs, Food and Public Distribution on January 9, 2023 notified adoption of standards laid down by Bureau of Indian Standards (BIS) for USB Type C receptacles, …
India
On 26 December 2022, the Basic Chemicals, Cosmetics & Dyes Export Promotion Council (Chemexcil) of the Ministry of Commerce & Industry of India, in a notification addressed to the members …
India
On December 22, 2022, the Indian Ministry of Commerce & Industry postponed the date of entry into force of the “Air Conditioner and its Related Parts, Hermetic Compressors and Temperature …
India
On December 21, 2022, the Ministry of Chemicals and Fertilizers of India further postponed the date of entry into force of the Quality Control Order (published on December 29, 2021) …
India
On December 14, 2022, the Bureau of Energy Efficiency (BEE) of India published “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Stationary Storage Type Electric …
India
On December 9, 2022, the Indian Ministry of Power issued a notification (S.O. 5772 (E).) setting a new energy efficiency standard for storage type electric water heaters.
India
India
India’s Department for Promotion of Industry and Internal Trade (DPIIT) issued a notice on December 20, 2022, to bring 50 products under 16 categories under mandatory quality control order (QCOs) …
India
The Indian Parliament on December 12, passed the Energy Conservation (Amendment) Bill 2022 laying the legal framework for establishing a carbon credit market, mandatory use of non-fossil fuel including green …
India
On November 11, 2022, the Ministry of Environment, Forest and Climate Change of India issued a draft regulation “Environment (Protection) (Amendment) Rules, 2022” amending the water quality standards for treated …
India
On November 4, 2022, the Ministry of Environment, Forest and Climate Change of India published the “Environment (Protection) Third Amendment Rules, 2022” to revise the emission standards for fixed-speed or …
India
On October 29, 2022, the Bureau of Energy Efficiency (BEE) of India issued a draft regulation “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Chillers) …
India
On November 1, 2022, the Ministry of Heavy Industries of India promulgated an order to postpone the effective date of the Electrical Equipment (Quality Control) Order 2020, which defines the …
India
On November 02, 2022, Ministry of Heavy Industries of India issued a notice making testing of electric vehicles mandatory for enhanced human safety with effect from April 01, 2023. The …
India
On November 2, 2022, the Ministry of Environment, Forest and Climate Change of India published the “E-Waste (Management) Rules, 2022.” These Rules replace the current E-Waste (Management) Rules, 2016 and …
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