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VERITY OF ENVIRONMENTAL
JUSTICE
Dr. POOJA PATNAIK

NOVEMBER 26, 2022

SUBMITTED BY: KEERAT SIDHU
IPL01056
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ACKNOWLEDGEMENT
I would like to recognize and donate my warmest and much obliged to
my mentor Dr. Pooja Patnaik who made this work conceivable. Her
direction and exhortation carried me through all the stages of
composing my extend. I would moreover like to thank all the
individuals of IIM Rohtak, who gave me this opportunity.

I would like to deliver an extraordinary much obliged to my mother Ms

Jasdeep Kaur and my family for their nonstop bolster. Their
supplications for me were what maintained me this far. Finally, I would
like to thank the all-powerful, for letting me through all the troubles. I
have felt your nearness each time. I will keep trusting you for my future.
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CERTIFICATE OF ORGINALITY

This is to acknowledge that the Term Project titled “Verity of

Environmental Justice” at IIM Rohtak is an original work of Miss
Keerat Sidhu (IPL01056) and is as per the guidelines given by the
institute. This report has not been submitted prior either to the College
or any other Institution for the satisfaction of the necessity of a course
of ponder.

Signature of the Student

Place: IIM Rohtak

Date: November 26, 2022

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TABLE OF CONTENTS:

1. Introduction page 1

2. Literature Review page 2

3. Statement of Problem page 4

4. Objectives of Study page 5

5. Research Questions of the Study page 6

6. Scope of the Study page 7

7. Research Methodology page 8

8. Why environment concerns are a need of an hour? page 9

9. What is the world’s stance for environmental laws? page 11

10. How the environmental laws have truly helped in the page 15
conservation?
11. What is the importance of Forest Conservation Act, 1980? page 17

12. How Judiciary has played a role in the implementation of the page 20
act?
13. Is the concept of Environmental Justice new to India? page 24

14. Bibliography page 28

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INTRODUCTION:

Regardless of race, colour, national origin, or income, environmental justice (EJ) refers to the
fair treatment and meaningful participation of all people in the development, implementation,
and enforcement of environmental laws, regulations, and policies. One of the most precious
natural resources is the forest because it is an integral part of the ecosystem's natural habitat.
The Government of India passed the Forest Conservation Act of 1980 to save the environment
as natural forests are being destroyed at an alarming rate known as deforestation.

The Indian Forest Act of 1927 has eclipsed the Indian Forest Act of 1980 as one of the earliest
pieces of environmental legislation. Article 48A was added to the Directive Principle of State
Policy by the Forty Second Amendment, while Article 51A was added as a responsibility of
every Indian citizen. Protecting our nation's forests and maintaining its environment are the
objectives of the Act. This Act also aims to rejuvenate the woods in our country by planting
trees and increasing forest growth: --

• To preserve the forest, its flora, wildlife, and other ecological elements.
• To preserve the integrity, scope, and distinctiveness of the forests.
• To prevent deforestation, which will cause land erosion and subsequent degradation,
and to keep forests intact.
• To stop the biodiversity of forests from vanishing.
• To prevent the construction of commercial or residential buildings, as well as the
conversion of forests into grazing or agricultural land.
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LITERATURE REVIEW:
1
In an effort to combat deforestation, the Forest (Conservation) Act of 1980 was passed.
Despite being in effect since 1927, the Indian Forest Act was not created with the intention of
protecting forests or addressing deforestation; rather, it was designed to give the colonial
British government control over timber extraction. Although States had already reported forest
land, the FCA mandated that in order to use such area for "non-forestry uses" or to reclassify
it, the Centre must first provide its approval. An advisory council was also established to make
this recommendation.

Increased tree cover is a major focus in India's effort to reach its goal of having at least 33% of
its land covered by forests and other forms of vegetation. The expansion strategy includes
expanding the definition of what constitutes forest land because increasing core forest area is
becoming more difficult. Approximately 22% of the world's landmasses are currently covered
by forests. Because of this, commercial plantations, places with a specific quantity of canopy
cover, and regions with a particular density of trees all count as "forest" if they have been
referenced anywhere in land records. One of t, he main objectives of the act was to define the
region of application. The only forests to which the requirements of the Forest Conservation
Act applied before to December 1996 were those covered by the Indian Forest Act of 1927,
any other local legislation, and any woodlands that were under the care of the forest department.
However, a 1996 Supreme Court ruling required that any lands that matched the dictionary's
definition of a forest be classified as such.

2
"Forest land" is defined by the law on forest rights as any land that is a part of a forest region.
Unclassified woods, non-demarcated forests, already-existing or presumed-to-be-forests,
protected and reserved forests, sanctuaries, and national parks are all included. As part of its
strategy to tackle climate change, India has promised to construct a carbon sink by 2030 that
will store 2.5 to 3 billion tonnes of CO2. This can only be accomplished by planting trees on
private property, and given the current legal system, it is challenging to urge private landowners
to enhance their tree cover. Intricate definitions of the forest property that those renting mining
regions may keep are also included in the current regulations. Additionally, improvements in

1
Changes to forest conservation act delayed after new objections, Hindustan Times, January 09, 2022,
https://www.hindustantimes.com/india-news/changes-to-forest-conservation-act-delayed- after-new-objections-
101641749843786.html
2
Jacob Koshy, What are the proposed amendments to the Forest Conservation Act about?, The Hindu, October
05, 2021, https://www.thehindu.com/sci-tech/energy-and-environment/explainer-what-are-the- proposed-
amendments-to-the-forest-conservation-act-about/article36840926.ece
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drilling technology have made it possible to identify specific parcels of forest land without
substantially affecting the underlying aquifers. Therefore, they might also be excluded. The
Ministry's proposal's main objective is to make it a little bit easier to use forest land for non-
forestry applications, even though it includes some provisions that could result in jail time for
violators. This needs to be approved by the Cabinet and possibly the Parliament as well.
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STATEMENT OF PROBLEM:

Environment crisis is one of the important issues that need to addressed to the world. Many
countries have started to recognize the matter and started their walk towards saving the planet
and achieving net zero carbon targets. Global environmental justice, the argument goes,
demands three things: equality in the allocation of environmental risk, acknowledgement of the
range of participants and experiences in impacted communities, and involvement in the
political processes that generate and govern environmental policy The research deals with the
India’s stance on the global stage and the laws protecting its environment. The Forest
Protection Act of 1980, how India implemented in reality. Analysing the act and even the
related environment acts like National Green Tribunal Act, Environment Protection Act,
Hazardous Waste Management Regulations and many more.
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OBJECTIVES OF THE STUDY:

Margaret Thatcher rightly said, “We have not inherited this Earth from our forefathers, wehave
borrowed it from our children.”

This study deals with the importance of environment, need of addressing the crisis, world at
large, India’s contribution and why working collectively is important. Even, talking about the
environmental justice which is the basic human right. To maintain everyone's overall health, it
is essential to guarantee that they live in a healthy environment. To improve the quality of life
for people who live in areas where these issues are present, we should all work together.
Environmental justice issues will become more challenging to address as the world's population
rises. There should be no end to the fight for safe living conditions, sufficient transit, clean air,
and pure drinking water.
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RESEARCH QUESTIONS OF THE STUDY:

The research will be dealing with few questions:

• Why environment concerns are a need of an hour?

• What is the world’s stance for environmental laws?
• How the environmental laws have truly helped in the conservation?
• What is the importance of Forest Conservation Act, 1980?
• How Judiciary has played a role in the implementation of the act?
• Is the concept of Environmental Justice new to India?
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SCOPE OF THE STUDY:

The research will be dealing with various acts and the agreements around the world which are
dealing to protect the environment. The Forest Conservation Act, 1980 will be the main focus
of the study and some following relating laws. The new concept of the Environmental Justice
in India and how much scope does it define in the coming years, how the country will inculcate
or evolve the concept.
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RESEARCH METHODOLOGY:

Doctrinal Legal Research will be used as they are in accordance to present the study. This
research method is commonly referred to as "ordinary legal research." The convention comes
from Latin and implies "to taught, examined, or get it." Doctrinal research could be a
consideration of sacred standards, i.e., "It asks approximately what the run the show is on a
particular subject." This is usually used to study jurisprudential development in different
spheres. It's all approximately looking at lawful hypotheses and how it's been shaped an
implemented.
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Why Environmental laws are the need of an hour?

3
There are debates or talks about the environment because our planet is in deep waters. Global
warming is on rise, air is polluted, water is polluted, deforestation; you can say every other
thing that we have been given from the earth is destroyed. If we don’t plan to take any decision
fast or we don’t plan to control our desires or wants this will the end of our “Mother Earth.”
The debates are never going to end but for sure we will soon if this situation prevails. You can
yourself observe changes in the environment in the eastern countries winters which you used
to start in September or August end are not even close just two months of winter season. And
in the western countries the temperature is going into minus fifty-fifty five degrees Celsius.
This is what need to stop; the year of industrialization has really led to these crises and now we
are at this stage that is we fall down now we aren’t getting up again. So, start rebuilding yourself
in such a way that to protect the environment because this is our moral obligation and we can
do this. No other species can do this, moreover we are the ones who caused such a ruckus to
environment and now we have to protect it.

Sometimes, we may feel it’s not our duty, the representatives that we have elected have to do
this for us, like we all are making up the mess and now we put up the blame for our pollution
on others; we need to be careful no doubt we have voted for the representatives. They can only
give us a direction and it’s up to go through the direction or not. Parliament can make n-number
of laws, but if we aren’t following those laws what’s the use of the laws and then blaming
others for your wrongs. We need to take this thing out of our minds that others can do our bit.
The things we are responsible for be it good or bad, their responsibility is ours not of others so
start taking the responsibility for your mistakes as well. The debates will end there when all
start realising the fact that the future is our hands we need to secure it, we need to do our bit.
Environment is the most crucial element of human life. Their environment defines how they
are if we are so conscious about our environment around then why not be concerned about the
one which gave us existence. We all are having debates over climate crisis do we even know
what is the reality? It is very easy sitting in the air-conditioned rooms or halls or whatsoever
and then having debates over the crisis. Its complaining over your problems rather than finding
a solution for it. We can have n-number of debates over environment but what are we doing is
nothing.

3
Discuss Global Environmental Crisis, Ques10.com, May, 2015 https://www.ques10.com/p/6828/discuss-global-
environmental-crisis-1/
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The natural resources are being used endlessly without any concerns that it has left the
generations to come with nothing. And this has resulted in so much degradation of natural
resources that there will be time that the air we breathe in, the water we drink, all this will be
charged manufacturing industries will be built for these types of resources because air will be
so much polluted that there will be no space for us to even breathe, and as you know only 3%
of water is available as fresh water out of which half of the water is wasted and soon there will
be no water left. It’s not too late to address these issues now but if the initiative had been taken
20-30 years back there would have been more chances for us to prosper better. And still there
are many people out there who think climate crisis aren’t real because they haven’t felt that.
Those capitalist people living in big bungalows having a swimming pool and all those things
are the ones who need to realise this soon, showing the people they are so grounded and are a
part of climate change programs but they are the biggest hypocrites. They are living a life
without care and using everything to the full advantage and there are others who worry if they
will be able to quench their thirsts.
Talking about the forest covers all over the world the trees that provide us oxygen to breathe,
gives us shelter and many us offer our prayers to some trees, and the condition of the forest is
the worst. Deforestation is on the peak due to which the soil cover is being depleted and the
land is becoming barren. Droughts are becoming so common; people are not able to feed
themselves and starvation is increasing. Thus, the environment is pivotal of human existence.

`
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What is the world’s stance on Environmental Laws?

4
Environmental law is the cornerstone of environmental sustainability, and it is more vital that
its goals are fully realised in light of mounting environmental concerns. Environmental law
violations make it more difficult to accomplish sustainable development and environmental
sustainability on all fronts.

“The United Nations Environment Programme (UNEP) addresses environmental issues at both
the international and local levels. Its main objectives are to serve as a strong global voice for
the environment, to help governments set an environmental agenda, and to advance the
coordinated implementation of the environmental component of sustainable development
within the UN system. One of its key duties is to support the development and application of
international environmental legislation.”

With the help of the field of international environmental law (IEL), our environment is
protected for the benefit of all people on earth. Every day at AIDA, we put it into practise to
support people and communities defend the environment and the fundamental human rights
that depend on it. However, where did this worldwide discipline originate from, and how did
it develop? Its criteria haven't been established by a national organisation or a global authority.
Instead, it is a set of obligations, agreements, and laws that have developed alongside a better
understanding of science and our current natural environment.

5
Some of these laws are mandatory, while others are optional. IEL's history can be divided into
three distinct periods, with the Rio de Janeiro Earth Summit and the Stockholm Conference
(1972) serving as the turning points (1992). With the adoption of the Paris Agreement in 2016,
a new era in the struggle against the greatest environmental threat to civilization, the current
climate emergency, began.

• The Start (before Stockholm): Prior to the 1960s, only a few sporadic worldwide
environmental regulatory attempts had been undertaken, and there was little awareness
of the environment. The unsuccessful London Convention of 1900 was one of them and
it aimed to safeguard African wildlife. It was not signed by the required number of
parties; hence it was never put into effect. The 1933 London Convention, which was

4
Environmental Law, un.org.com, February 19, 2019, https://www.un.org/ruleoflaw/thematic-areas/land-
property-environment/environmental-law/
5
International Environmental Law: History and Milestones, Aida.americas.com, March 30, 2020 https://aida-
americas.org/en/blog/international-environmental-law-history-and-milestones
 P a g e | 12

put into effect in a large portion of colonised Africa by creating nature parks and
protecting species, replaced it 33 years later.
Other works are carried out in isolation throughout those years. However, as the general
population became aware of the threats facing the globe in the 1960s, things truly began
to shift.
Silent Spring by Rachel Carson, which detailed the harmful effects of pesticides on
birds and the environment, was published in 1962. This era was also marked by the
public release of astronaut William Anders' 1968 Apollo 8 mission photograph
Earthrise.
• The Stockholm Declaration: “The Stockholm Declaration (1972), a consequence of the
first United Nations Conference on the Human Environment, was the first international
declaration to proclaim the right to a healthy environment through 26 principles, many
of which have been essential in the growth of IEL through the years. IEL's Principle
21—one of its pillars—confirms, for example, that States have a responsibility to
ensure that activities under their control do not impair the environments of other States.
The Declaration also established the Principle of Cooperation, which is essential for the
continuous development of IEL, by admitting that states should coordinate their efforts
to address the global concerns of our common environment.
The United Nations Environment Programme (UNEP), the main organisation in charge
of environmental concerns today, was established by the UN General Assembly in
Stockholm as well.”
• Between Stockholm and Rio: “National governments started to shift after Stockholm:
the first green political parties were founded, certain Environment Ministries were
established, and a significant amount of local environmental legislation started to be
drafted. In 1983, the UN created the Brundtland Commission, commonly known as the
World Commission on Environment and Development. Its efforts, which centred on
the intricate interaction between environment and development, culminated in the paper
Our Common Future (1987).”
The idea of sustainable development, which is defined as "filling the requirements of
the present generation without compromising the ability of future generations to fulfil
their own needs," was introduced in that paper and served as the inspiration for the
development of IEL. Some of the current global environmental issues, such as the threat
of climate change, the threat of ozone layer depletion, and risks to biological variety,
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started to materialise around this period. If humanity was to be able to overcome such
obstacles, international cooperation and assistance from rich countries would be
imperative. The Montreal Protocol was ratified in 1987 as a means of halting ozone
layer destruction. This international accord is a prime example of effective cross-border
collaboration. It's anticipated that as a result, the ozone layer will stabilise by 2050.
• The Earth Summit in Rio De Janeiro: “National governments were given the
opportunity to sign two treaties at this meeting in 1992: the Convention on Biological
Diversity and the United Nations Framework Convention on Climate Change.
(UNFCCC). The Rio Declaration, which was also made, restated the Stockholm
Declaration and the Agenda 21 action programme, which continue to serve as a
roadmap for states and non-state players engaged in environmental conservation
activities.”
Although there is growing evidence that activities made by humans in the name of
economic advancement have significant environmental concerns, the overarching
premise in Rio was still sustainable development.
Two of the Rio Declaration's principles need specific attention: the precautionary
principle, which emphasises the right to information, participation, and fairness in
environmental problems, and principle 10. In 1998, Principle 10 gave rise to the Aarhus
Convention, which is binding in Central Asia and Europe. The Aarhus Convention
came before the Escazu Agreement, which seeks to have these rights recognised in
Latin America.
This recognition is noteworthy as a turning point in the growth of IEL because civil
society is evolving into a more significant and involved stakeholder in the global
protection of the environment.
• After Rio and into the Future: “All important commercial contracts included provisions
for environmental protection. An excellent example is the Marrakech Agreement,
which formed the World Trade Organization in 1994 and was the first commercial pact
to accept the goals of sustainable development and environmental protection.
As a result of the 1995 Convention on Climate Change's signatories participating in the
so-called Conference of the Parties each year, the Convention requires special
consideration (COP). The Kyoto Protocol was introduced in 1997 in this context.
Although it was unable to cut greenhouse gas emissions, it was the first international
agreement to include enforceable commitments for industrialised countries.”
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The Millennium Declaration, which 189 countries adopted in New York in 2000,
emphasised the value of sustainable development by recognising the need for
sustainable economic growth with a focus on the poor and respect for human rights.
Delegates from 190 nations attended the UN World Summit on Sustainable
Development in Johannesburg two years after the Rio Summit in order to carry out the
agreements made there. In order to concentrate on development and the eradication of
poverty at the time, a legal-economic framework on "public-private partnerships" was
used. They also approved the Declaration on Sustainable Development.
In 2012, the UN called the third Conference on Sustainable Development, also known
as Rio + 20, to which 192 Member States, corporations, NGOs, and other organisations
were invited. The result was a non-legally-binding document called The Future We
Want. In the document, States reaffirmed their commitment to advancing sustainable
development.
• Recent Times: “The Kyoto Protocol was replaced by the Paris Agreement to address
climate change (2016). The signatory countries committed to exerting every effort to
limit the average global temperature rise to less than 1.5°C relative to pre-industrial
levels, and preferably, less than 2°C. The preamble of the document recognised the link
between climate change and human rights. Due to the fact that almost all countries have
ratified it, it has immense potential as a mechanism of international law. In actuality,
England has just made history by becoming the first country to decide against pushing
through with a project (the construction of an airport) on the basis that doing so would
put the country in violation of the Paris Agreement.
A notable contemporary milestone, especially for Latin America, is the Inter-American
Court of Human Rights' Advisory Opinion 23 (2017) on the relationship between the
environment and human rights. In it, the Supreme Court recognised for the first time
the significance of conserving the environment to human life as well as the impacts of
environmental degradation and climate change on human rights
The construction of a globally enforceable legal framework for the conservation and
sustainable use of marine biological diversity in areas outside of national jurisdiction is
a last point that has to be made. Given the crucial role that the ocean plays in the stability
of the climate and the vast and mysterious territories of the high seas, protecting them
seems to be absolutely imperative.”
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How the environmental laws have truly helped in the conservation?

6
Environmental preservation, protection, and sustainable resource use are stressed in India's
constitution and international agreements. “According to Part IVA of the Fundamental Duties
portion of the Constitution, every citizen of India has a duty to protect and improve the natural
environment, which includes forests, lakes, rivers, and animals, as well as to show compassion
for all living creatures. Furthermore, Part IV of the Indian Constitution (Article 48A-Directive
Principles of State Policies) mandates that the State "must make every effort" to preserve the
nation's forests and wildlife as well as to safeguard and advance the environment.”

Since its establishment in 1985, the Moe has been in charge of establishing the required legal
and regulatory framework, regulating, and ensuring environmental protection throughout the
nation. Since the 1970s, numerous environmental regulations have been passed. The MoEF,
along with the pollution control boards, serves as the industry's regulatory and administrative
hub (CPCB, or Central Pollution Control Board, and "SPCBs," or State Pollution Control
Boards).

Even prior to India's independence, there were a number of environmental protection laws in
force. The UN Conference on the Human Environment, however, only served as a catalyst for
the real push toward establishing a complete framework (Stockholm, 1972). As a result of the
Stockholm Conference, the Department of Science and Technology established the National
Council for Environmental Policy and Planning in 1972 to function as an environmental
regulating body. The Ministry of the Environment and Forests later became a part of this
Council (MoEF).

Several problems have led to increased regulatory enforcement, which is understandable. As

an illustration, a number of states have started to mandate the installation of continuous online
emissions/effluent monitoring systems, giving State Pollution Control Boards (SPCBs) the
necessary and unbiased information they require to monitor how well businesses operating
within their jurisdiction are abiding by the law. The National Green Tribunal (NGT) and its
several benches, which are located throughout India's state high courts and central supreme
court, also continuously monitor the application of environmental laws.

6
Els Reynaers & Gautambala Nadeshwar, MV Kini, Environmental Law and Practice in India: Overview,
December 01, 2021 https://uk.practicallaw.thomsonreuters.com/0-503-
2029?transitionType=Default&contextData=(sc.Default)&firstPage=true
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NGOs, think tanks, and local citizen groups regularly use the media, the courts, and NGTs to
express their concerns about the environment. This is typically successful because the judiciary
frequently endorses environmental concerns raised in the public interest. In addition, the Indian
media is quite active and focuses on environmental issues. It's fascinating to note that judges
from the NGT, High Court, and Supreme Court may even take up environmental matters on
their own, depending on how much coverage these concerns receive in the media (that is, on
their own motion).

Many environmental regulations make explicit reference to citizen rights. For instance, a
citizen may report any act violators under the Maharashtra Non-Biodegradable Garbage
(Control) Act 2006 by filing a complaint.
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What is the importance of Forest Conservation Act, 1980?

7
In terms of natural resources, forests rank among the most valuable. The ecology as a whole
depends on trees since they are a crucial component of natural habitat. Protecting them and
preserving the natural cycle should therefore be our top focus. But an increasing amount of our
natural forests are being lost. Because they are now so self-centred, people are starting to
completely clear woods. The Forest Conservation Act of 1980 was thus passed by the Central
Government in an effort to slow the rapid deforestation.

The earliest piece of legislation on this subject was the Indian Forest Act of 1865. It existed
during the colonial era but was later replaced by the Indian Forest Act of 1927. When a piece
of legislation is passed, it is intended to address the societal problem it was designed to address.
The same objective was stated when the Indian Forest Act of 1927 was created, but it was
restricted to British interests only. Wood was the main focus of the Act of 1927. The Act of
1927 contained 86 sections and 13 chapters. It granted the state the power to regulate the rights
of indigenous people to use forests. The ordinance was cancelled by Section 5 of the Forest
(Conservation) Act of 1980, which became effective on October 25, 1980. To protect the
nation's forests and issues related to them, it was passed. Additionally, it deals with issues the
prior Act didn't touch on. According to the 1980 Act, it was forbidden to use the forests for
anything other than forest purposes. The government was also given the authority to establish
restricted forests according to this Act. Its goal was to regulate forest use and impose taxes on
timber and other forest products, which later served as a way for the government to make
money. It was never intended to safeguard the country's woods; rather, it was intended to
control how timber and other crucial industrial raw resources were harvested. The President of
India passed the Forest (Conservation) Ordinance, 1980 as a result of the growing need of forest
preservation following India's independence.

8
The Indian Constitution's founders had no notion that challenges related to forest protection
might emerge in the future when it was passed in 1950. Later, when the Constitution (Forty-
second Amendment) Act, 1976 was approved, Article 48A was added to the section of
Directive Principles of State Policy and Article 51A was included as a fundamental duty of
every Indian citizen. Article 48A mandates that the state pass legislation to safeguard and
improve the environment in order to preserve the woods of our nation. Every Indian citizen is

7
Dhiwisha Bhatt, Forest Conservation Act, 1980, lawtimesjournal.in, May 13, 2021
https://lawtimesjournal.in/forest-conservation-act-1980/
8
Forest Conservation Act, 1980 https://legislative.gov.in/sites/default/files/A1980-69_0.pdf
 P a g e | 18

obligated by Article 51A(g) to protect and develop the country's forests as well as the rest of
the ecosystem.

Some sections that should kept in mind while reading the Act: --

• Section 1: Title and Scope: Despite the fact that Article 370 has been repealed, all
central legislation must now be made applicable across the country. However, only 37
laws apply to Jammu and Kashmir at the moment, and this Act is not one of them. On
October 25, 1980, this law became effective. Its regulations are identical to those found
in the Forest (Conservation) Ordinance of 1980.
• Section 2: Restrictions on de-reservation of forests and its non-forests use: This section
prohibits state governments and other authorities from passing legislation in the
following areas without first obtaining approval from the federal government:
➢ that they cannot dereserve any forest area or any portion of it during the duration
of the law's enforcement in the State or elsewhere;
➢ that forest land, in whole or in part, cannot be exploited for non-forest uses;
➢ that they are not allowed to lease any forest area or any portion of it to any
private individual or organisation not under the jurisdiction of the Indian
government;
➢ a forest area or any portion of it that has developed naturally may be removed
for reforestation.
➢ The word "non-forest purposes" is defined in this section's explanation. It entails
clearing any forest land or a section of it for the following purposes:
✓ Planting tea, coffee, spices, rubber, palms, oil-bearing plants, or
medicinal plants;
✓ or any other purpose other than afforestation, but not work linked to
forest and wildlife preservation, evolution, or management.
• Section 3: Advisory Committee: The central government has the authority to form an
advisory committee to provide advice on topics relating to the Act.
➢ authorising as provided in Section 2 of this Act;
➢ or any other subject recommended by the Central Government relating to forest
protection.
• Section 3A: Penalties: The change made in 1988 adds this Section 3A. According to
this section, anybody who violates or aids in the violation of any legislation in Section
2 is subject to simple imprisonment for any period according to 15 days.
 P a g e | 19

• Section 3B: Offences by authorities and government offices: This Section 3B was
likewise inserted by the 1988 amendment. This section discusses the wrongdoings of
the authorities and government departments.
[According to section 3B (1), anytime any offence under this Act is committed by any
department of the government, the head of the government, any authority, or any person
who was responsible for the conduct of business at the time the offence was committed,
they will be held guilty under the Act.]
The same individual, on the other hand, can rescue himself by demonstrating that the
crime was done without his knowledge and that he took all reasonable steps to prevent
the crime from being committed.
When a person other than the department of the government, the head of the
government, or the authority mentioned in sub-section 1 commits an offence under this
Act with his consent or due to his negligence, such persons are declared guilty under
the Act and are subject to proceedings and punishments, according to section 3B (2).
• Section 4: Rule- Making Power: By announcing the laws established by this Act in the
official gazette, the Central government has the ability to carry them out. Any regulation
should be presented to both chambers of parliament for thirty days before being
implemented. Both chambers of parliament must agree to amend or create a new
regulation as a result of the Act.
• Section 5: Repeal: This ordinance repeals the Forest (Conservation) Ordinance of 1980.
Anything done or action taken under the terms of the said Ordinance shall be assumed
to have been done or taken under the corresponding provisions of this Act,
notwithstanding such repeal.
 P a g e | 20

How Judiciary has played its role in implementation of the act?

The judiciary has also contributed significantly to the protection of the environment and the
preservation of forests through Public Interest Litigations (PILs) initiated under Articles 32 and
226 of the Constitution. While considering the PILs, the Supreme Court and the High Court’s
made a number of significant decisions regarding the preservation of forests and the
environment.

• 9
Tarun Bharat Singh v. Union of India (1993): According to Article 32 of the Indian
Constitution, a non-profit organisation filed a plea with the Supreme Court in this
matter. The petition was filed in protest of the restricted area of the Alwar District's
illicit mining. Despite the area being designated as protected under the Act, the state
government has issued hundreds of mining permits. After an area is declared as a
protected forest, the Court found that it becomes subject to the Forest (Conservation)
Act and that the State government is no longer allowed to conduct non-forest activities
in the reserved area without first receiving consent from the federal government.
Because mining is a non-forest activity, the State government's decision to provide a
mining licence or renew a mining licence is illegal. The State administration and mining
owners were also given an interim order barring illicit activity in the specified area.
• 10
State of MP v. Krishnadas Tikaram (1994): The defendants in this case were given a
20-year mining permit for limestone in the forested region in 1966. After it expired in
1986, the respondents urged the State government to extend it. The state government
granted a 20-year lease renewal. This order was cancelled by the Forest Service. A
complaint against the cancellation was heard by the Indian Supreme Court. According
to Section 2 of the Forest (Conservation) Act, the state cannot award or renew the
licence without prior approval from the Central government, the court ruled. Thus, the
order cancellation was done correctly.
• 11
Krishnadevi Malchand Kamathia v. Bombay Environmental Action (2011): The
District Collector filed a motion to initiate contempt proceedings against the appellants
in this case because they ignored the court's directives. According to the court's ruling,
the newly constructed bund had to be removed in order for seawater to enter and
safeguard the mangrove trees. The ruling sought to restrict the appellants from further

9
1993 SCR (3) 21, 1993 SCC Supl. (3) 115
10
Civil Appeal No. 3276 of 1990
11
Civil Appeal No. 4421 of 2010
 P a g e | 21

harming the mangrove trees. The appellants are in possession of a permission to

produce salt there. The Supreme Court determined that salt production there by the
sun's evaporation of saltwater is not allowed because mangrove trees are present in the
area. Because they are ecologically significant and environmentally sensitive,
mangrove forests are listed as CRZ-I. (Coastal Regulatory Zone-I). Production of salt
is forbidden by the laws established by the Coastal Area Classification and
Development Laws, 1991, which established the Coastal Regulatory Zone.

The Union Ministry of Environment, Forests and Climate Change (MoEFCC) recently
suggested an amendment to the Forest (Conservation) Act, 1980, in order to make substantial
changes to India's forest administration which is as follows:

• Forests on Private Land: It might be subjective and arbitrary to categorise forests on

private property. Particularly among private individuals and organisations, this sparks
a considerable deal of hostility and opposition. A person's freedom to use his or her
own land for non-forestry uses would be restricted if any private area were to be
considered to be a forest. Even while planting activities are feasible, this has led to a
trend of maintaining the majority of private lands devoid of vegetation.
• Changes in Ecological and Economic Needs: The ecological, social, and environmental
regimes of the nation have significantly changed in recent years. It has become
imperative to amend the Act in light of the situation today, especially to hasten the
integration of development and conservation.
• To meet India's climate goal: In addition to government forests, extensive plantings had
to be made on all lands that were accessible.

The things that are being highlighted in the given proposal are: ---

• Defining 'Forests': As of 1996, considered forests specified by state governments will

continue to constitute the standard for defining forest land. The Railways and Road
Ministries will no longer classify as forests any forestry that developed on property they
purchased before to 1980.
• Strategic Initiatives: For strategic and security initiatives of national significance, forest
land should be free from the requirement for prior clearance from the federal
government. If this is done, states will be able to use forest land as a resource for
urgently needed strategic and security projects.
 P a g e | 22

• Oil and Natural Gas Extraction: Permit cutting-edge techniques like Extended Reach
Drilling (ERD) to be utilised to drill holes from outside the forest to extract oil and
natural gas from deep within forest territory. Such technology should continue to be
kept outside of the Act's purview because its use is very environmentally beneficial.
• Building in Forests: To assuage the grievances of individuals whose property is
protected by a state-specific private forest statute or meets the dictionary's definition of
a forest. The idea grants them a once-off waiver that enables them to build things for
legitimately legitimate reasons, such residential units up to 250 square metres in size
forest protection efforts.

12
The 1980 Forest (Conservation) Act was passed in an effort to safeguard forests by reducing
the rate of deforestation. The Forest (Conservation) Act came into effect on October 25, 1980.
Aiming to protect our nation's woods, this Act was passed. Because they support the earth's
ecology and water cycle, forests are a vital part of our environment. In order to safeguard the
environment and the nation's woods, this Act was passed. Additionally, by planting trees and
promoting forest development, this Act aims to revitalise the woods in our nation. Under the
Act, all new regulations or amendments to existing laws are to be made by the central
government. It has limited the state government's capacity to take actions related to the Act's
forest-related concerns without first obtaining permission from the federal government.
Additionally, it specifies repercussions for those who violate any of the Act's rules. The Act
also outlines the steps to be taken when government persons or agencies violate the law. In
accordance with this Act, the Central Government may also establish a consultative body to
provide advice on matters pertaining to forests.

Some of other Important Environment Laws are:

• The National Green Tribunal Act, 2010: “The act grants us access to the National Green
Tribunal (NGT) for the effective and proper handling of cases involving environmental
protection, the preservation of forests and other natural resources, the enforcement of
any environmental legal rights, and the provision of relief and compensation for
damages to people and property, as well as for matters related to or incidental to those
cases.

12
Vinay Vaish & Hitender Mehta, India: Environment Laws in India, Mndaq.com, August 31, 2017
https://www.mondaq.com/india/waste-management/624836/environment-laws-in-india
 P a g e | 23

• The Air (Prevention and Control of Pollution) Act, 1981: This law mentions the
establishment of boards at the federal and state levels in order to carry out the
aforementioned goals and provides provisions for the prevention, control, and
mitigation of air pollution.
• The Water (Prevention and Control of Pollution) Act, 1974: Water is one of the most
essential components for life, hence the act was passed to regulate water contamination
and defend against it while also preserving the resource's cleanliness. The Water Act
outlaws the forcible discharge of contaminants into water bodies when they exceed a
certain limit and fines violators for their actions.
• The Environment Protection Act, 1986: The ecosystem can be improved and preserved
thanks to it. The Environment Protection Act establishes a framework for studying,
planning, and putting into action long-term environmental safety standards.
Additionally, it creates a system for an appropriate and timely response to
environmental risks.
• The Hazardous Waste Management Regulations: Waste that poses a threat to the
environment as well as to human and animal life is classified as hazardous waste.
Several laws either directly or indirectly deal with hazardous waste management. These
regulations take into account the Factories Act of 1948, the Public Liability Insurance
Act of 1991, the National Environment Tribunal Act of 1995, as well as any rules or
notices issued under the Environmental Act.
• Other laws that are related Environment are: The list goes on and on and includes the
Indian Forest Act of 1927, the Biological Diversity Act of 2002, the Coastal Regulation
Zone Notification, and more. There are laws and statutes in place; the issue is more
with how they are put into practise.”
 P a g e | 24

Is the concept of Environmental Justice new to India?

13
Environment is the exterior physical and biological system in which people and other living
things exist. Soil, water, and air are the three most prominently recognised elements of the
environment. These environmental elements continue to interact with one another in order to
preserve what is known as "ecological balance." Humanity is sustained by the system as a
whole. The ability for living things to exist on this earth and lead wholesome lives is God's gift
to them.

By misusing, abusing, and making excessive use of environmental resources, the "ecological
balance" is being upset. This affects the continued existence of the human race. The impact on
human life is extremely negative when we disrupt nature and consequently undermine the
ecological balance. The need of the hour is environmental conservation and preservation.

Mankind now has unrestricted access to natural resources and may exploit them without
concern for the environment thanks to scientific and technical advances. Unchecked
deforestation has been caused by industrialization and urbanisation. They have caused issues
with housing, garbage disposal, access to drinkable water, air pollution, and acid rain. Ozone
depletion and the "green house" effect have also been caused by this. The quiet majority of
animals on land and beneath the sea are the hardest affected by the cumulative negative effects
of all this on nature. Examples of man-made disasters include the Bhopal gas disaster and the
Chernobyl nuclear leak.

14
Indians take great pride in their past and culture. We were taught to worship nature in our
texts. This exhibits environmental awareness. Worship entails a recognition of our reliance on
the environment.

The primary social tenet has been to live in harmony with nature since the Vedic era. The
following hymn is found in the Rigveda:

“The Sky is like Father,

The Earth is like Mother, and

The Space as their son;

13
Abhayraj Naik, Environmental Justice in India, sociolegalreview.com November 8, 2018
https://www.sociolegalreview.com/post/environmental-justice-in-india
14
Arun Kumar, Environmental Justice in India, scconine.com, June 05, 2022
https://www.scconline.com/blog/post/2022/06/05/environmental-justice-in-india/
 P a g e | 25

The Universe consisting the Three,

Is like a Family, and

Any kind of damage done to any

One of the Three, throws the Universe

Out of Balance.”

Our Constitution also incorporates the idea of harmonious coexistence with environment. The
Constitution now includes the following environmental-related articles: Articles 48A and 51A:

“48-A. The State shall endeavour to protect and improve the environment and to safeguard
the forests and wildlife of the country.

***

51-A. It shall be the duty of every citizen of India—

***

(g) to protect and improve the natural environment including forests, lakes, rivers and
wildlife, and to have compassion for living creatures;”

In order to decide on complex environmental matters, our Supreme Court has developed
principles of enormous significance. The United Nations Conference on Human Environment
called on all countries to take the necessary actions to safeguard and develop the human
environment, and the parliament has passed the legislation that are required for putting those
resolutions into practise.

The judicial system has done its best to ensure environmental preservation. The Supreme Court
made some contentious rulings that turned out to be wise in the long term. Judicial orders
regarding issues like the pollution of our holiest rivers, the Ganges and the Yamuna, the
contamination of underground water, the choking of Delhi, Calcutta, and other metros due to
air pollution, and the protection of national historical monuments like the Taj Mahal have
greatly benefited humanity. The seeds have been planted, the way has been demonstrated, and
the instructions have been delivered. Our law enforcement hasn't kept up with these attempts
yet, though. Where enforcement cannot follow, law cannot follow. Our court orders won't be
effective if laws aren't properly enforced.
 P a g e | 26

In order to "strengthen the global response to the threat of climate change, sustainable
development, and efforts to eradicate poverty," the Intergovernmental Panel on Climate
Change (IPCC) released a new report titled Global Warming of 1.5 °C at the beginning of
October 2018. The report unmistakably highlights and calls attention to the impending
environmental crises that the world is currently experiencing, including global warming-related
increases in extreme temperatures, an increase in the frequency, intensity, and/or amount of
high precipitation in many regions, and sea level rise. If a business-as-usual approach is
adopted, India will unquestionably soon experience a number of catastrophic effects of climate
change, particularly in coastal areas and megacities like New Delhi and Bengaluru. The report
makes this very obvious.
Even without the good scientific insights provided by the IPCC report, every astute observer
of India's environmental predicament would tell you that nothing seems to be improving at all.
India's capital, New Delhi, is currently dealing with a serious air pollution problem that has
residents and government agencies scurrying to find remedies for what looks to be an
uncontrollable situation that threatens everyone's health, livelihood, liberty, and life. With each
passing year, extreme climate events like floods, heat waves, and droughts have increased in
frequency, and the majority of the main Indian cities are experiencing public health crises
brought on by congested neighbourhoods. The government hardly pays any attention to the
serious loss of biodiversity.

The restrictions placed by the courts vary. Usually, individuals are faced with situations to
which they can respond. They are unable to methodically change environmental circumstances.
Public interest lawsuit initiated by interested persons and NGOs has benefitted environmental
protection. With this effort, however, the environmental conditions cannot be kept from getting
worse. More importantly, it is necessary to educate the populace about their right to live in an
environment free from pollution. Raising public awareness alone can produce results. We are
in charge of resolving environmental problems. The problems cannot be resolved, no matter
how much the State or other organisations strive. The general populace must take action.

The general public has to be made to feel responsible for protecting and enhancing the
environment so that it is liveable. The execution of programmes for environmental protection
should encourage public participation. All educational levels, from kindergarten to graduate
school, should require environmental studies as a subject. To convey information and increase
awareness, media strategies must be used. Not being impacted by events is not an option. Only
through drastic means will planet Earth be made habitable.
 P a g e | 27

BIBLIOGRAPHY:

Case Citations:
• 1993 SCR (3) 21, 1993 SCC Supl. (3) 115
• Civil Appeal No. 3276 of 1990
• Civil Appeal No. 4421 of 2010

Statutes:
• Forest Conservation Act, 1980 https://legislative.gov.in/sites/default/files/A1980-
69_0.pdf

Articles:
• Discuss Global Environmental Crisis, Ques10.com, May, 2015
https://www.ques10.com/p/6828/discuss-global-environmental-crisis-1/
• Environmental Law, un.org.com, February 19, 2019,
https://www.un.org/ruleoflaw/thematic-areas/land-property-
environment/environmental-law/
• International Environmental Law: History and Milestones, Aida.americas.com, March
30, 2020 https://aida-americas.org/en/blog/international-environmental-law-history-
and-milestones
• Vinay Vaish & Hitender Mehta, India: Environment Laws in India, Mndaq.com,
August 31, 2017 https://www.mondaq.com/india/waste-
management/624836/environment-laws-in-india
• Abhayraj Naik, Environmental Justice in India, sociolegalreview.com November 8,
2018 https://www.sociolegalreview.com/post/environmental-justice-in-india
• Arun Kumar, Environmental Justice in India, scconine.com, June 05, 2022
https://www.scconline.com/blog/post/2022/06/05/environmental-justice-in-india/

Newspaper Articles:
• Changes to forest conservation act delayed after new objections, Hindustan Times,
January 09, 2022, https://www.hindustantimes.com/india-news/changes-to-forest-
conservation-act-delayed- after-new-objections-101641749843786.html
 P a g e | 28

• Jacob Koshy, What are the proposed amendments to the Forest Conservation Act
about?, The Hindu, October 05, 2021, https://www.thehindu.com/sci-tech/energy-and-
environment/explainer-what-are-the- proposed-amendments-to-the-forest-
conservation-act-about/article36840926.ece