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
India’s Ministry of Environment, Forest and Climate Change has published the draft “Liquid Waste Management Rules, 2024” on 7 October 2024 and is seeking comments for 60 days. Based on the …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has notified the Ecomark Rules, 2024 on 26 September 2024, which came into force on the same day. The Rules constitute …
India
The Central Pollution Control Board (CPCB) has published the Environmental Compensation Guidelines for two EPR rules, namely the Battery Waste Management Rules, 2022 (published on September 3, 2024) and the …
India
The Ministry of New & Renewable Energy (MNRE) has notified the Green Hydrogen Certification Scheme on September 4, 2024, and is now seeking comments till September 27. As part of …
India
India’s Bureau of Energy Efficiency (BEE) has notified the “Detailed Procedure for Compliance Mechanism under Carbon Credit Trading Scheme (CCTS)” on July 22, 2024. Since the scheme did not provide …
India
A draft of the Boilers Act, 2024, was introduced in the Rajya Sabha (Senate) of India on August 8, 2024, seeking to repeal the Boilers Act, 1923. The bill aims …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has published the draft Remediation of Contaminated Sites Rules, 2024 under the Environment Protection Act, 1986 on 21 August 2024, and …
India
India’s Basic Chemicals, Cosmetics & Dyes Export Promotion Council (Chemexcil), under the Ministry of Commerce & Industry, has surveyed companies on the Stockholm Convention on Persistent Organic Pollutants (POPs), and …
India
India has notified WTO for the three Quality Control Orders (QCO) drafts of Vinyl Sulphone, H Acid and K acid on July 26 and 31, 2024, respectively, and is seeking …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has notified the draft Hazardous and Other Wastes (Management and Transboundary Movements) Second Amendment Rules, 2024 on August 14, 2024, and …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has notified the latest draft “Construction and Demolition Waste Management Rules, 2024” on July 31, 2024, which supersedes the 2016 rules, …
India
The Indian northeastern state of Meghalaya has published the Meghalaya State Electricity Regulatory Commission (Terms and Conditions of Green Energy Open Access) Regulations, 2023, on May 9, 2024, effective immediately. …
India
The Bureau of Energy Efficiency (BEE) has published the proposed Corporate Average Fuel Efficiency norms “CAFE III” and “CAFE IV” and has invited comments. CAFE is calculated based on the …
India
The Bureau of Energy Efficiency (BEE) has published the proposed Corporate Average Fuel Efficiency norms “CAFE III” and “CAFE IV” and has invited comments. CAFE is calculated based on the …
India
As confirmed by EnviX on June 25, 2024, the online portal for Extended Producer Responsibility (EPR) for used oil under the Hazardous Other Wastes (Management and Transboundary Movement) Second Amendment …
India
India’s Directorate General of Foreign Trade (DGFT) has notified regarding the application of Quality Control Orders (QCOs) on imported goods on June 6, 2024. DGFT has previously exempted certain companies …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has promulgated the Battery Waste Management (Second Amendment) Rules, 2024 under the Battery Waste Management Rules, 2022. Under the said rules, …
India
On May 28, 2024, Central Pollution Control Board of India (CPCB) has promulgated a notice about the provisions for Extended Producer Responsibility (EPR) under the Battery Waste Management Rules, 2022. …
India
The Central Pollution Control Board (CPCB) of India issued 2 notifications to Indian Customs on May 13, 2024, in response to recent cases where electrical and electronic equipment, packaging materials …
India
On April 30, 2024, the Central Pollution Control Board of India (CPCB) promulgated two notifications to producers of the extended producer responsibility (EPR) under the Battery Waste Management Rules, 2022. …
India
On April 4, 2024, India’s Central Pollution Control Board (CPCB) has renewed its Guidelines for Assessment of Environment Compensation to be levied for Violation of Plastic Waste Management Rules, 2016. …
India
On March 1, 2024, the Bureau of Energy Efficiency (BEE) of India has added packaged boilers and commercial beverage coolers as voluntary products under the energy efficiency labeling scheme “Standards …
India
India’s Ministry of Environment, Forest and Climate Change of India (MoEFCC) has published the Plastic Waste Management (Amendment) Rules, 2024 on March 14, 2024, amending the Plastic Waste Management Rules, …
India
On March 12, 2024, the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) promulgated the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2024, amending the Hazardous …
India
On March 5, 2024, the Indian Ministry of Commerce and Industry promulgated a total of six quality control orders, each for air coolers/air filters, household clothes washing appliances, kitchen appliances, …
India
On February 29, 2024, the cabinet of India has officially approved the PM-Surya Ghar Muft Bujli Yojana (Hindi for “Prime Minister’s Rooftop Solar Power Scheme for Free Electricity“), a rooftop …
India
The Ministry of Environment, Forest and Climate Change of India has published the E-Waste (Management) Amendment Rules, 2024 on March 8, 2024, to amend the E-Waste (Management) Rules, 2022, effective …
India
On February 22, 2024, the Indian Ministry of Power has promulgated the Electricity (Rights of Consumers) Amendment Rules, 2024, amending the Electricity (Rights of Consumers) Rules, 2020, and came into …
India
On February 20, 2024, the Central Consumer Protection Authority of India has announced the draft “Guidelines for Protection of Consumers against Greenwashing” under the Consumer Protection Act, 2019, and is …
India
On February 19, 2024, the Indian Ministry of Chemicals and Fertilizers promulgated a notification directing the collection of statistics for the development-in-progress chemical inventory “ChemIndia“. Chemical and petrochemical registered industries …
India
The Central Pollution Control Board of India (CPCB) promulgated a notification on January 22, 2024, extending the deadline for filing annual returns for fiscal year (FY) 2022-2023 under the Plastic …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has drafted the “Environment Audit Notification” on January 29, 2024, and is inviting comments for 60 days starting the said date. …
India
India’s Central Pollution Control Board (CPCB) has promulgated a notification on January 15, 2024, to call for producers, importers, and brand owners in Extended Producer Responsibility (EPR) for plastic packaging …
India
On January 30, 2023, the Ministry of Environment, Forest and Climate Change of India (MoEFCC) announced the draft End-of-Life Vehicles (Management) Rules, 2024. The draft Rules will establish an Extended …
India
The Consumer Affairs Bureau of India and the Central Consumer Protection Agency are currently working on a draft of the “Guidelines for Protection of Consumer against Greenwashing“, the nation’s Press …
India
On January 4, 2024, the Indian Ministry of Chemicals and Fertilizers promulgated the “Polyethylene Material for Moulding and Extrusion (Quality Control) Amendment Order, 2024”, effective immediately.
India
On December 28, 2023, India’s Central Pollution Control Board (CPCB) promulgated a notification clarifying the registration requirements for producers under the E-Waste (Management) Rules, 2022. Under the rules, producers are …
India
The Central Pollution Control Board (CPCB) of India promulgated a document on the E-Waste (Management) Rules, 2022 on December 22, 2023.
India
EnviX observed in mid-December 2023 that ChemIndia, India’s chemicals inventory website, has changed its URL and published a user manual. Under development for several years, ChemIndia allows companies to register …
India
India’s Central Pollution Control Board (CPCB) has promulgated two notifications regarding the Plastic Waste Management Rules, 2016, on November 20, 2023. In both of the notifications, CPCB requested the State …
India
India’s Bureau of Energy Efficiency (BEE) added solar photovoltaic modules as voluntary product under the Standards & Labeling Programme, an energy labeling scheme, on October 20, 2023. Solar photovoltaic modules …
India
As part of the Standards & Labeling Programme, India’s Bureau of Energy Efficiency (BEE) on October 31, 2023, promulgated the Bureau of Energy Efficiency (Particulars and Manner of their Display …
India
On October 10, 2023, India’s Ministry of Environment, Forest, and Climate Change (MoEFCC) has notified the Battery Waste Management (Amendment Rules), 2023, an amendment of the Battery Waste Management Rules, …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has released an amendment draft for the Plastic Waste Management Rules, 2016, and is inviting public comment for 60 days. The …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) released the draft Ecomark Certification Rules, 2023 on 11 October 2023, and has invited comments for 30 days. Aimed at promoting …
India
India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has promulgated the Green Credit Rules, 2023 on 12 October 2023, with immediate effect. In order to promote environmentally friendly activities, …
India
On 29 September 2023, the Indian Ministry of Agriculture and Farmers Welfare promulgated the Insecticides (Prohibition) Order, 2023, which comes into effect immediately. The Order bans the sale, distribution and …
India
On September 21, 2023, India’s Central Pollution Control Board (CPCB) announced the ‘Framework for generation of EPR Certificate under E-Waste (Management) Rules, 2022‘. Under the 2022 rules, producers are required …
India
On September 13, 2023, India’s Ministry of Chemicals and Fertilizers notified WTO/TBT of draft quality control orders on eight chemicals: anhydrous ammonia, ethylene oxide, captafol, industrial urea, monocrotophos, sodium cyanide, …
India
India’s Goa state cabinet has passed the Goa Non-Biodegradable Garbage (Control) (Amendment) Act, 2023 on August 1, 2023. The bill seeks to amend the Goa Non-Biodegradable Garbage (Control) Act, 1996, …
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