Solutions To Environment Problems In India

Today, environment protection and its preservation is an issue of concern for all countries around the world

. Not only around the world, but in India too, people have shown affirmative responses towards environment protection and full support has been granted by the judiciary. Its of no doubt, that the human life is affected in the current times by the environmental degradation in different forms. To deal with the difficulties of industrialization and overexploitation of natural resources, countries all over the world came simultaneously at the United Nations Conference on Human Environment which took place at Stockholm in the year 1972 to deal with difficulties of environmental protection.

Well before the Stockholm Declaration of 1972, few environmental laws were enforced in India, for example the Indian Forest Act etc. However, in the year 1972, with Indias participation in the United Nations Conference on Human Environment held in Stockholm, the requirement originated to enact exact laws. All these situations directed to enactment of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and the Forest (Conservation) Act, 1980.

To initiate action against the polluters The Pollution Control Boards have powers. However, these Boards in the latest past have been working as record-keepers maintaining statistics considering pollution and only throughout the last couple of years The Pollution Control Boards have taken some plans to defend and improve the natural environment after being directed by the courts. It is an issue of shock that even where pollution was clearly visible or was being sensed, for example, Delhi air pollution, the Boards acted on as quiet spectators till the Court intervened.

The past experience considering the functioning and presentation of the statutory authorities with the Pollution Control Board displays that the powers conferred upon them have not been correctly exercised. No doubt, that there is any lack of the ecological statutes or that there are not sufficient statutes to deal with different aspects of natural environment for air, water, soil, and their interrelationship with human beings. The requirement is to competently engage the common maninitiating perfect penal activity against the offenders.

To conclude with, here are few suggestions that should be implied for the smooth process to control environmental pollution. The method for filing complaints should be simple. The need of giving notice to the Board or to the Central Government in case of infringements under the Environment (Protection) Act, 1986 should be amended. It should be provided that every individual should have a right to file a criminal complaint against the offender straight in accordance with the procedure laid down in Section 200 CRPC so that severe penal action could be taken against the offender. However, as an issue of safeguard contrary to malicious prosecution it can be provided that the court shall call the Pollution Control Board for a report before summoning the accused. But at the same time it should furthermore be concerned that the complainant will have the right to dispute the report of the Board by way of technical or other evidence.

by: Manilla

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