Test: Act And Policies - UPSC

On 5th June 1972, environment was first discussed as an item of international agenda in the U.N. Conference of Human, and since then, 5th June is celebrated all over the world as World Environment Day.

The Wildlife (Protection) Act of 1972 provides the basic framework to ensure the protection and management of wildlife. It has 7 Chapters, 66 Sections, and 6 Schedules. The Act with its various amendments provides the necessary tool to prevent damage to wildlife.

Article 51-A (g) of the Indian Constitution provides that 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 Environment (Protection) Act, 1986 is a more effective and bold measure to fight the problem of pollution. The Act prescribes a minimum penalty for contravention or violation of any provision of the law which may extend to five years of imprisonment or fine up to one lakh rupees, or both.

The Environment (Protection) Act, 1986 has relaxed the rule of "Locus Standi" and because of such relaxation even a common citizen can approach the Court provided he has given a notice of sixty days of the alleged offence and his intention to make a complaint.

The National Forest Policy of 1988 aims to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium, which are vital for sustenance of all life forms, human, animal and plant. It emphasizes the need to conserve the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna, which represent the remarkable biological diversity and genetic resources of the country. Additionally, the policy aims to check soil erosion and denudation in the catchments areas of rivers, lakes, reservoirs, and to increase substantially the forest/tree cover in the country while increasing the productivity of forests to meet essential national needs.

The Biological Diversity Act, 2002, is an act to provide for conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge, and for matters connected therewith or incidental thereto. It was born out of India's attempt to realize the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992. The three-tier structure of the act regulates access to biological resources, comprising of National Biodiversity Authority (NBA), State Biodiversity Boards (SBB), and Biodiversity Management Committees (BMC) at the local level.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, provides for the restitution of deprived forest rights across India, including both individual rights to cultivated land in forestland and community rights over common property resources. The Act is significant as it provides scope and historic opportunity of integrating conservation and livelihood rights of the people. It is a potential tool to empower and strengthen the local self-governance and address the issues of Conservation and management of the Natural Resources and conservation governance of India. The maximum limit of the recognizing rights on forest land is 4 ha. National Parks and Sanctuaries have been included along with Reserve Forest, Protected Forests for the recognition of Rights.

The Coastal Regulation Zone (CRZ) refers to the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action up to 500 meters from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL.

In CRZ-I, no new construction is permitted except for a few specified most essential activities like support activities for atomic energy plants and defense requirements, facilities required for disposal of treated effluents, and other port-related waterfront activities.

The Coastal Regulation Zone (CRZ) has been classified for the purpose of regulation of the permitted activities.

In CRZ-II, buildings are permitted only on the landward side of the existing road (or roads approved in the coastal zone Management Plan of the area) or on the landward side of the existing authorized structures as defined in the notification.

The National Coastal Zone Management Authority (NCZMA) and State Coastal Zone Management Authority (SCZMA) are responsible for enforcing and monitoring the CRZ Notification.

No new construction is permitted except for a few specified most essential activities like Support activities for Atomic Energy Plants and Defense requirements, facilities required for disposal of treated effluents and other port related water front activities. The CRZ-I areas are considered ecologically sensitive areas and the area between the High Tide Line (HTL) and Low Tide Line (LTL).

CRZ-II. The CRZ-II areas include the areas that have been developed up to or close to the shore line, which includes the designated urban areas that are substantially built up. Buildings are permitted only on the landward side of the existing road (or roads approved in the coastal zone Management Plan of the area) or on the landward side of the existing authorized structures as defined in the notification.