Mukesh Patel School of Technology and Management Constitution of India Article 48A Protection and improvement of environment and

safeguarding of forests and wild life.

Name:-TANYA SRIVATAVA B.Tech EXTC Div.:-D Roll No.:- 752 Trimester:- VII

Contents
1. Introduction..............................................................................3 1.1History ....4 2. Other Environment and Wildlife Related Laws ..5 2.1 THE FOREST (CONSERVATION) ACT, 1980..5 2.1.1. IDENTIFICATION OF FOREST AREA INVOLVED..5 2.1.2. FORMULATION OF FOREST PROPOSAL.6 2.2.3. APPROVAL OF PROPOSAL.6 2.2. ENVIRONMENTAL (PROTECTION) ACT, 1986...6 2.2.1. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981:..7 2.2.2. WATER (PREVENTION & CONTROL) ACT 1974.7 2.2.3. WILDLIFE PROTECTION ACT, 1972..7 2.2.4. THE BIOLOGICAL DIVERSITY ACT, 2002....7 2.2.5. HAZARDOUS WASTES (MANAGEMENT AND HANDLING) AMENDMENT RULES, 2003:.8 2.2.6. OZONE DEPLETING SUBSTANCES (REGULATION AND CONTROL) RULES, 2000..8 3. Summary...8 4. Case Study.................................................................................9 5. Bibliography.............................................................................12

ART.48A: Protection and improvement of environment and safeguarding of forests and wild life
By the Constitution 42nd Amendment Act of 1976: This 42nd Amendment introduced Article 48A in the form of Directive Principles of State Policy and in the form of Fundamental Duty respectively. This 42nd Amendment incorporates the protection and improvement of the environment in the Constitution.

Protection and improvement of environment and safeguarding of forests and wild life.-The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 1. INTRODUCTION
In the first part of this Article it states that one of the principles of the State policies must be to incorporate those policies directed to the improvement and the protection of the environment. The second part is the implication of safeguarding forests and wild life, since fertile and rich forests are superb conditions for wild life, and together they form forest ecosystem, which is a very important part of the environment. Having highly conserved forests creates clean environment, and supports sustainable development. Air and water, the most precious gifts of the nature, are very essential not only to the mankind but flora and fauna also. All living creatures on the mother earth have a right to environment in order to survive them. According to section 2 (a) of the Environmental Protection Act, 1986 'Environment' includes the inter relationship which exists among and between, (a) water, air and land, and (b) human beings, other living creatures, plants, microorganisms and property. There is an inseparable relationship between man and environment. It is, therefore, our bounden duty to protect our environment for the peaceful survival of the mankind as well as flora and fauna.
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In order to protect the environment and the ecology of man, a special strategy has been started since stock home conference on Human Environment, 1972. Since then Indian government has also taken several legislative and executive measures, in addition to the constitutional amendments to protect and preserve the environment. The judiciary has also played vital role for the environmental protection through its dynamic interpretation of Articles 21, 48A and 51 A (g) of the Indian Constitution. But in this we are explaining about article 48A. The most remarkable contribution of the Supreme Court has been the adoption of the right to sustainable development as a hard core principle of environmental law in India. The concept of sustainable development itself is comparatively young. It first appeared in the International Union for Conservation of Nature and Natural Resources (IUCN) Report of 1980 in respect of world Conservation strategy. Environmental protection is a fundamental duty of every citizen of this country under Article 51-A (g) of our Constitution which reads as follows: "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."

1.1. HISTORY
The constitution of India is one of the few constitutions in the world to provide for the care, protection and improvement of the environment and to impose a similar responsibility on its citizens, and to have compassion for other living creatures. The recognition of the right to clean and whole environment is the latest and most encouraging of all developments in India. The United Nations Conference on Human Environment, 1972: In June, 1972 The United Nations Conference on Human Environment was held at Stockholm. This Stockholm Conference placed the issue of environment protection, Promotion and conservation on the official agenda of international policy and law. India was one of the participants and signatories to this conference on human environment. In order to comply with the resolution and principles of the Stockholm Conference, the Government of India had taken the following steps in the direction of the protection and promotion of environment. Government of India had taken

the following steps in the direction of the protection and promotion of environment. Constitution 42nd Amendment Act:

Water (Prevention and Control of pollution) Act 1974. Air (Prevention and Control of pollution) Act, 1981. Environment Protection Act, 1986.

Article 48A: It imposes and contains a directive principle The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of country. Article 51A (g): It imposes a fundamental duty on every citizen. It runs under it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. The Supreme Court under Article 21 and 32 and the High Court under Article 226 have succeeded in reducing environmental degradation and protecting the health, livelihood and life of the people. In short, the courts have shown their ability to protect and promote the right to clean and wholesome environment.

2. OTHER ENVIRONMENT AND WILDLIFE RELATED LAWS

2.1. THE FOREST (CONSERVATION) ACT, 1980 This Act provides for the conservation of forests and regulating diversion of forestlands for non-forestry purposes. When projects fail within Forestlands, prior clearance is required from relevant authorities under the Forest (Conservation) Act, 1980. State governments cannot de-reserve any forestland or authorize its use for any non-forest purposes without approval from the Central government.

The steps for forest clearance are briefly described below: 2.1.1 IDENTIFICATION OF FOREST AREA INVOLVED
Preliminary location of project is done by using tools such as the forest atlas and Survey of India maps. During route alignment, all possible efforts are made to avoid the forest area like national park

and sanctuaries to keep it to the barest minimum. Whenever it becomes unavoidable due to the geography of terrain so different alternative options are considered to minimize the requirement of forest area.

2.1.2. FORMULATION OF FOREST PROPOSAL

After finalization of forest area involved for project location SJVNL submits details in prescribed proforma to the respective DFO/ Nodal Officer (Forest) of concerned State Government. DFO/ Nodal Officer forwards the details to the concerned Divisional Forest Officer (DFO) / Conservator of Forest for formulation of forest proposal for processing of clearance under the Forest (Conservation) Act, 1980. The DFO then surveys the relevant forest area required for the construction of project under the possible alternatives.

2.1.3 APPROVAL OF PROPOSAL

The proposal is submitted to the state forest department and then forwarded to the principal chief conservator of forests in the state and finally to the state secretariat. The State Government recommends the proposal for further processing and approval to a) Concerned Regional Office of the MoEF if the area involved is 40 hectare or less b) MoEF, New Delhi if the area is more than 40 hectare. To facilitate speedy approval of forest proposal involving lesser area, Ministry of Environment & Forests had established Regional Offices in each region for processing and approving these proposals. The MoEF approves the proposal in two stages. In principle or first stage approval is accorded with certain conditions depending upon the case. Second stage or final approval is provided after the compliance report of the conditions stipulated in first Forest Proposal (FP) is received by MOEF, GOI from State Forest Department. SJVNL follows all relevant guidelines including the directions of the Supreme Court in this regard from time to time. 2.2. ENVIRONMENTAL (PROTECTION) ACT, 1986 The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that provides a holistic framework for the protection and improvement to the environment. In terms of responsibilities, the Act and the associated Rules requires for obtaining environmental clearances for specific types of new / expansion projects (addressed under Environmental

Impact Assessment Notification, 1994) and for submission of an environmental statement to the State Pollution Control Board annually. Environmental clearance is not applicable to hydro projects also. SJVNL undertakes Environmental Impact Assessment for all projects as a standard management procedure as laid down in The Environment (Protection) Act, 1986 and also functions within permissible standards of ambient air quality and noise levels as prescribed by national laws and international regulations.

Other rules and regulations under the Environmental (Protection) Act, 1986 applicable to the operation of SJVNL are described below: 2.2.1. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT
1981: The objective of this Act is to provide for the prevention, control and abatement of air pollution. Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, includes the preservation of the quality of air and control of air pollution.

2.2.2. WATER (PREVENTION & CONTROL) ACT 1974

The objectives of the Water (Prevention and Control of Pollution) Act are to provide for the Prevention and Control of Water Pollution and the maintenance or restoration of the wholesomeness of water for the establishment.

2.2.3. WILDLIFE PROTECTION ACT, 1972

According to the Wildlife Protection Act, 1972 "wildlife" includes any animal, bees, butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat. In accordance with Wildlife (Protection) Amendment Act, 2002 no alternation of boundaries / National Park / Sanctuary shall be made by the State Govt. except on recommendation of the National Board for Wildlife (NBWL).

2.2.4. THE BIOLOGICAL DIVERSITY ACT, 2002

The Ministry of Environment and Forests has enacted the Biological Diversity Act, 2002 under the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992 of which

India is also a party .This Act is to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the used of biological resources.

2.2.5. HAZARDOUS WASTES (MANAGEMENT AND HANDLING)

AMENDMENT RULES, 2003: These Rules classify used mineral oil as hazardous waste under the Hazardous Waste (Management & Handling) Rules, 2003 that requires proper handling and disposal. Organization will seek authorization for disposal of hazardous waste from concerned State Pollution Control Boards (SPCB) as and when required.

2.2.6. OZONE DEPLETING SUBSTANCES (REGULATION AND

CONTROL) RULES, 2000: MoEF vide its notification that 7th July, 2000 under the section of 6, 8 and 25 of the Environment (Protection) Act, 1986 has notified rules for regulation/ control of Ozone Depleting Substances ( ODS) under Montreal Protocol. As per the notification certain control and regulation has been imposed on manufacturing, import, export, and use of these compounds.

3. SUMMARY
SJVNL undertakes all its activities within mandatory requirements under the National law and the guidelines of funding agencies, and prescriptive requirements that determine the management procedures for addressing environmental and social issues. In this Article 48a basically we improve and protect the environment and wildlife of our nation. There are many fundamental laws which help us to improve and protect our environment and wildlife. Rules are made to follow but environment (nature) is made to give birth to us, henceforth if we redirect our issues we will not be in a grave danger and will prepare for a better future. There is no meaning to the right to live without our natural environment and wildlife. In this connection we must remember the Gandhian philosophy emphasizing that: - Nature has provided everything for our need but not for greed".

4.Case Study
Kinkri Devi and Anr. Vs. Respondent: State of Himachal Pradesh and Ors. On 29 MAY 1987
The petitioners have instituted the present petition seeking the reliefs, inter alia, that the mining lease for the excavation of limestone from Khasra No.2107/1979/1 situate in village Sangrah, Tehsil Renuka, District Sirmaur, granted in favor of the third respondent by the first respondent (State of Himachal Pradesh) be ordered to be cancelled, that the third respondent be restrained from operating the mines covered by the lease in such a manner as to pose danger to the adjoining lands, water resources, pastures, forests, wildlife, ecology, environment and inhabitants of the illaqua, that a Commission be appointed to assess the damage caused to the environment, ecology, natural resources, inhabitants of the illaqua and the right-holders of village Sangrah as a result to pay compensation for such damage.. The petition, which is in the nature of a social action litigation, was instituted on March 31, 1987 and it was notified for preliminary hearing on April 8, 1987. The learned counsel for the petitioners was permitted on that day to place on record an article published in the daily edition dated April 6, 1987 of the "Indian Express" under the heading "Progress or People's Nightmare" which purports to highlight the damage caused to the Shivalik hills in the Sirmaur District which are being "ruthlessly blasted for extracting limestone" and the danger and hazards faced by the inhabitants and the disturbance to the environment and ecology as a consequence thereof. The article is based on an investigation done by a team of journalists who visited a number of mining sites in the District. Notice was ordered to issue to the respondents on the same day. The respendents were directed to file separate affidavits-in-reply to the petition and to deal with the newspaper article. The first respondent was also directed to place on record the affidavits of the following officers specifically dealing with the allegations made and the grievances ventilated in the petition. They concerned with the forest area i.e. soil, wildlife, public heath respective of District Sirmaur. The officers was directed to visit to village Sangrah in order to verify the situation according to official reports. The directions issued on April 8, 1987 have been substantially complied with the affidavits as directed have been filed by and on behalf of the respondents and reports on affidavit have

been submitted by the concerned Officers after spot verification the third respondent has filed as many as four affidavits annexing thereto certain: documents some of which, according to him, support the version set-out by him in those affidavits.However, the affidavit filed on behalf of the first respondent and those on behalf of the third respondent present a totally different picture. The third respondent has naturally refuted every allegation made in the petition concerning the hazards resulting from the mining operations undertaken by him whereas the first respondent while reluctantly admitting that the mining operations cause disturbance to the environment. The court was not able to take proper decision and that it is really difficult to appreciate such inconsistency of approaches but at the end the third respondent gave all the relevant facts and circumstances bearing upon the grant of the mining lease in his favor and the operation of the mines by him. The reports submitted by the four senior officers, who were directed to verify facts on the spot, according to the affidavit of the second respondent, the mining area of the third respondent forms part of the Shamlat. The consideration and/or object of the mining lease granted in respect of a land which fell within the area reserved for such allotment. But the mining operations are being carried out in the area and, more particularly, the mine operated by the third respondent, is uncontrolled and unscientific ' manner causing damage to and/or posing an imminent and real threat to the soil, the rivers, streams and sever, because of this they need to take immediate steps against the third respondent. Now because of the high mining it engaged the attention of the Supreme Court in Rural Litigation and Entitlement Kendra, Dehradun v. State of U. P. so that now a proper decision has to be taken in order to maintain balance between the conservation of natural resources and the protection of the environment and the ecology on one hand and the need for development and of the industrial growth of the country on the other. Preservation of the environment and keeping the ecological balance unaffected is a task which not only Government but also every citizen must undertake. It would be pertinent to mention at this stage that Part-IV of the Constitution which incorporates the Directive Principles of State Policy contains Article 48-A which prescribes that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Part-IVA, which enshrines the Fundamental Duties, provides similarly in Article 51A, Clause (g), that it shall be the duty of every citizen of India to

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protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. The Deputy Commissioner, Sirmaur, will attend the Court on June 4,1987, and will produce for the perusal of the Court the proceedings culminating into the attestation of mutations Nos. 1154 and 1146 dated August 9,1975 in respect of Khasra Nos. 2107/1970/1 and 2107/1979/1 and the consequential demarcation of the land as provided in subsection (2) of Section 8 of the Vesting and Utilization Act. The third respondent, who is present in the Court, has orally undertaken through his counsel not to carry out mining operations in the areas leased to him through blasting till further orders and to carry out such operations in other manner, if any, strictly in accordance with the instructions which may be issued to him by the Deputy Commissioner, Sirmaur. The written undertaking on affidavit in the aforesaid terms will be filed by the third respondent in the Registry of this Court on or before June 2, 1987. The Deputy Commissioner will, while issuing such instructions, take into consideration the reports on affidavits submitted by different senior officers of the State Government in the course of this proceeding and Annexure R3/2 to the affidavit dated May 12, 1987 of the third respondent and Annexures R-2 and R-3 to the affidavit dated May 14, 1987, filed by the Deputy Secretary (Industries) to the State Government. There in mentioned that if any, are carried out by the third respondent in future that should be strictly on scientific lines. No lease for the mining of lime-stone will be granted or renewed nor temporary permits, if any, will be issued in District Sirmaur till the Committee, which has been directed to be appointed as aforesaid, has submitted its report and the second respondent will meanwhile maintain strict superintendence and supervision over the exploitation of the mines under the existing leases in the Sirmaur District in the same manner as indicated in the interim direction No. (3) here in above. Adjourned to June 4, 1987.

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5. Bibliography
Internet References:1. 2. 3. 4. 5. 6. 7.

http://www.vanashakti.in/historical_background.html http://www.goforthelaw.com/articles/fromlawstu/article20.ht m http://www.indiankanoon.org/search/?formInput=39A http://www.indiankanoon.org/search/?formInput=article %2039a+author:T%20Singh http://www.irs.gov/businesses/article/0,,id=205665,00.html http://www.legalserviceindia.com/article/l420-WaterManagement.html http://sjvn.nic.in/projects/environmental-regulations.pdf

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