Most
ancient texts teach us that it is the Dharma of each
individual in any society to protect nature. This is why people have always
worshipped the objects of nature. Trees, water, land and animals have an
important mention in our ancient texts. The importance of environment
protection in India can be traced back to the period between 321 B.C. and 300
B.C. In Kautilya’s Arthashastra, great importance has been
laid on environment protection, and clear punishments have been prescribed on
the basis of the importance of various parts of a particular tree. Manusmriti also
mentions about the optimum use of the resources of nature and also prescribes
different punishment for causing injury to plants.
Ancient literature on Environment Protection
Kautilya’s Arthashastra
Kautilya,
also known as Chanakya, was a minister of Chandragupta Maurya. The
book formulated by him is a thesis on the government and the book provided
information regarding rainfall regimes, soil types and suitable irrigation
techniques in specific micro ecological context.
The Arthashastra has
various sutras in different chapters, relating to themes of statecraft and
administration, which depicts environmental awareness. The book put forth
significant importance on safeguarding and managing forests, gardens and
orchards which were considered as a notable source of revenue, besides being a
recreational spots. The Arthashastra dissected the country between the
Himalayas and the oceans into various kinds of regions- Village areas (gramya),
Mountains (parvata), Forests (Aranya), Drylands (bhauma), Plains (sama) and
uneven lands (visawa). Special positions were occupied by directors of forests,
superintendents of cattle, horses, elephants, and pastures, supervisor of
animal slaughter. They were delegated the task to protect and safeguard
wildlife, prevented the act of poaching of wild animals. The Manusmriti was
written in the post-Vedic age, it is the world’s first ethical
collection on human jurisprudence, presented by Maharshi Manu, which
was derived immediately post Vedic age.
The
dicta for abolishing pollution in Manusmriti depict the refection of ecological
awareness during that time:
- Biodiversity
signifies all living forms broadly attributed as Chara (movable living
world) and Achara (immovable- plant kingdom).
- Pollution
refers to deterioration of five gross elements by unethical activities.
- Anything
against wholesomeness was considered as contamination.
- Storing
organs of plants such as underground stems and tuberous roots, tasteful
fruits, timber yielding trees, crops etc were objects of allurement in
that time period.
- Various
punishments were described in the Manusmriti for punishment of the
offenders.
ENVIRONMENTAL AWARENESS IN HINDU
RELIGION
In
Hinduism, we find that Vedas, Upanishads and other ancient scriptures of the
Hindu religion have given great importance to trees, plants and wildlife and
also to their value to human beings. The ancient Vedas have several references
to environmental protection, ecological balance, weather cycles, rainfall
phenomena, hydrologic cycle, and related subjects that directly indicate the
high level of awareness of the seers and people of that time. People in Vedic
times regarded nature and the environment in a holistic manner and revered each
of its constituents and entities by carefully preserving them. In Rigveda, it
has been mentioned that there are five elements which give basis to life and
these elements are Earth, Water, Fire, Space and Air. The Samaveda like
all other Vedas also recognizes the importance of maintenance of the seasons’
cycles that are likely to get altered due to climate change owing to
inappropriate human actions. In Atharvaveda, there is a clear
concept of give and take which means that one can take from the earth and
atmosphere only so much as one would give back to them. Many other things are
also highlighted in the Atharvaveda like purity of water,
protection of wild life and domestication of animals like cattle. In ancient
India, philosophers like Chanakya emphasized on the importance of environment
protection. In his jurisprudence, the State wets required to maintain forests,
fines were imposed for cutting trees and damaging forests, forest reserves were
for wild animals and they would be killed or bound in outside the reserve
forests when harmful. A perusal of Hindu religious scriptures called the Vedas,
Upanishads, Smritis, Puranas, Ramayana, Mahabharata, Gita, mythological
literature including stories, social and moral codes, and political rules
reveal I that the following were the general guiding principles to be observed
by all in their daily life. In ancient times well developed mechanism
regarding the protection of environment was established in our culture. Human
conduct was mended according to the protection of environment. Our ancient
legal codes such as Vedas, Upnishads, Puranas etc. protected the environment.
We are required to adopt our ancient environmental protection system.
Protection of Environment in Ancient India and During Medieval
Period
Medieval period
of time is called the 'Middle Ages' because it took place between the fall
of Imperial Rome and the beginning of early modern Europe. Indian texts
such as the Arthashastra, Sathapatha Bhramanas, Vedas, Manusmriti, Ramayana,
Mahabharata etc., enable us to understand the concepts of environment
conservation and maintaining forest ecology. The striking city planning and
social structure that existed in the Indus Valley civilization also indicates
the presence of environmental awareness during the medieval period.
Policy and Laws in Medieval India (1638-1800 AD)
To
Mughal rulers, forest meant no more than woodlands where they could hunt. The
history of medieval India is dominated by Muslim Rulers where no note worthy
development of environmental jurisprudence took place except during the rule of
Mughal Emperor Akbar. During Akbar’s rule except rulers others are prohibited
from hunting. But no major initiatives took place during medieval period to
prevent environmental protection and conservation of natural resources as the
rulers were only interested in war, religion propagation and empire building.
Barring “royal trees” which enjoyed patronage from being cut except upon a fee,
there was no restriction on cutting of other trees, hunting animals, etc.
Forests during this period shrank steadily in size.
Protection of Environment during British Period; Major
Legislations
During
the Medieval Period, the Mughal emperors established magnificent gardens, fruit
orchards, vivid green parks around their palaces, public places etc. However,
some views state that although the Mughal Emperors were admirer. However, some
views state that although the Mughal Emperors were admirers of nature and spent
their spare time appreciating it, no attempts were made on forest conservation.
During the British Governments, the legislative enactments were to first
significant step towards conservation of natural resources and development of
environmental jurisprudence in India. According to the views of leading
scholars in thin the field of South Asian environmental history, Ramachandra
Guha and Madhav Gadgil suggest that the pre-British
period may be seen as the “golden age” of ecological harmony.
Environment laws introduced during the British Colonization
The
legal control of environment pollution during the British period began with the
enactment of the Indian Penal Code of 1860. Section 277 of the same
provided that anyone who knowingly corrupts the water of any public spring or
reservoir, which makes the water unfit for the purpose of ordinary use, shall
be punished. In the Indian Forest Act, 1865 the exploitation
of forest resources were inserted in the first forest law. This provision
within the Act depicted an implied state monopoly over the forests, on the
contrary, the customary usage of forests by the villagers was not considered as
a matter of right. The Shore Nuisance (Bombay and Colaba) Act 1853,
was one of the primary laws made during the British Rule as a solution to
counter water pollution, caused by the industries. The provision to control and
effectively control the pollution caused by the Oriental Gas Company was
imbibed within the Oriental Gas Company Act, 1857. The other
legislation prohibiting hindrance and obstruction with the flow of water in
streams or river to as to cause damage to the water bodies was stated in
the North India Canal and Drainage Act, 1873.
Protection of Environment during Post Independence Period
Environmental
laws are laws which regulate and maintain human actions which are damaging or
most likely to create a threat to the environment and penalizing the doers of
the act, along with compensating the victims for such actions, which cannot be
considered as an exception. This concept of safeguarding the environment has
been imbibed within the Indian culture since time immemorial. Hence, it is
extremely important to understand the past Indian traditions and practices of
protecting the environment. The Five Year Plan Report of the Planning
Commission of India, most specifically the Fourth Plan (1969- 70 to 1973-74)
onwards, discloses an increase in recognition by the Government of India on
matters of environment in planning, preserving and development. The Sixth Plan
(1980-85) focused on appropriate environmental and ecological principles in the
use of land, forestry, wildlife, water, air, marine environment, fisheries etc.
The Seventh Plan (1985-90), definitely stressed sustainable development in
conformity with the environment, accepting the environmental mental management,
to be perceived as the major guiding factor for national development in India.
Article
39 (b), 47, 48 and 49 where the States were granted the responsibility to
own and control the resources of the community and distribute the same for the
common good and a better standard of living of individuals thereby improving
the public health, promoting agriculture and animal husbandry, protection of
monuments and declare them to be of national importance respectively.
PITAMBAR PANT COMMITTEE, NCEP
As
far as the Indian context is concerned, the most fundamental feature of India's
ancient philosophy is our respect for the environment. In India, environmental
protection and the using resources sustainably started in the 1970‟s. The
Fourth five-year plan (1968 – 73) recognized the need to integrate the
environmental perspectives in planning and developmental processes. In 1970,
the Government under the chairmanship of Sh. Pitambar Pant set up the Committee
on Human Environment for preparing a country report for the UN Conference on Human
Environment to be held in Sweden in 1972. Following this, a National Committee
on Environmental Planning and Coordination (NCEPC) was set up in 1972 in
response to the Pant Committee recommendations. In 1980, the Tiwari Committee
was constituted for recommending the legislative measures and administrative
policies to bring about environmental protection. Following the recommendations
of this committee, the Government of India constituted the Department of
Environment effective from November 1st 1980 to be responsible for all matters
relating to the environment. Then, finally in 1985, a fully-fledged Ministry of
Environment and Forests was constituted to coordinate the environmental matters
at the national level. It may be relevant to mention here that, our country is
one of the very few countries that have provided constitutional safeguards for
the preservation and protection of the environment. Article 48 A and 51 A (g)
in the section on directive principles of state policies in The Indian
Constitution, approved in the year 1976 states that the “State shall endeavor
to protect and improve the environment and to safeguard the forests and
wildlife in the country and to protect and improve the natural environment
including the forests, lakes, rivers and wildlife and to have compassion for
the living creatures.”Despite this the importance of Environmental Studies was
not recognized in the Indian curriculum. Hence, the Honorable Supreme Court of
India in 1991, on a public litigation interest filed by Sh. M.C. Mehta in 1988,
made it mandatory to include the subject environmental studies in all the
universities and colleges. This was basically to create environmental awareness
among the Indian citizens. National Centers for Environmental Prediction
(NCEP) delivers national and global weather, water, climate and space weather
guidance where Maryland is the headquarters of NCEP.
Department of Environment, MOEF, an Overview of present
position
Role
and Mandate of the Ministry Role of the Ministry
The
primary concerns of the Ministry of Environment & Forests under the
Government structure are implementation of policies and programs relating to
conservation of the country’s natural resources including lakes and rivers, its
biodiversity, forests and wildlife, ensuring the welfare of animals and
prevention and abatement of pollution. While implementing these policies and
programs, the Ministry is guided by the principle of sustainable development
and enhancement of human well-being. 2011-2020 is designated as the United Nations
Decade on Biodiversity. National Lake Conservation Plan was launched by the
Ministry of Environment and Forests (MoEF) to restoring the water quality and
ecology of the lakes. The Ministry also serves as the nodal agency in the
country for the United Nations Environment Program (UNEP), South Asia
Co-operative Environment Program (SACEP), International Centre for Integrated
Mountain Development (ICIMOD) and for the follow-up of the United Nations
Conference on Environment and Development (UNCED).The Ministry is also
entrusted with the issues relating to multilateral bodies such as the
Commission on Sustainable Development (CSD), Global Environment Facility (GEF)
and of regional bodies like Economic and Social Council for Asia and Pacific
(ESCAP) and South Asian Association for Regional Cooperation (SAARC) on matters
pertaining to environment. Broad objectives of the Ministry of Environment is
Conservation and survey of flora, fauna, forests and wildlife & Prevention
and control of pollution.
The broad objectives of the Ministry are:
- Conservation
and survey of flora, fauna, forests and wildlife
- Prevention
and control of pollution
- Afforestation
and regeneration of degraded areas
- Protection
of the environment
- Ensuring
the welfare of animals
- These
objectives are well supported by a set of legislative and regulatory
measures, aimed at the preservation, conservation and protection of the
environment.
Conclusion
In India, the concern for environmental protection has not only been raised to
the status of fundamental law of the land, but it is also wedded with human
rights approach and it is now well established that, it is the basic human
right of every individual to live in pollution free environment with full human
dignity. It is high time that the general public, public entities, state and
central government realize the damage, which our developmental process has made
to the living environment. For the success of the local government laws
relating to the environment it is essential to create a sense of civic consciousness
and public hygiene in the use of municipal services like roads, public places,
drainage etc. Strict enforcement of the provisions of law also is needed. Law
is a strong medium to compel the citizens to observe cleanliness and thereby to
combat pollution. Environmental protection laws in India need a new orientation
in the modern context.