· Section 268 to 290 of Indian Penal Code deals with public nuisances. Public nuisance means pollution of air, water, blasting, excessive smoke, filth and other polluting activities.
· Section 133 and 143 of Code of Criminal Procedure Code and Section 91 of Code of Civil Procedure envisages that a person may approach a Magistrate and District Judge respectively by filing a complaint or petition about the public nuisance.
Under Law of Torts, special damage can be claimed from nuisance maker/violator of environment.
Some of the important environment laws made in India are:
· The Prevention of Cruelty of Animals Act’1960,
· Wildlife (Protection) Act’1972
· The Water (Prevention and Control of Pollution) Act’1974
· The Air (Prevention and Control of Pollution) Act’1981,
· The Environment Protection Act’1986 -To safeguard the environmental degradation in India.
· The National Environment Tribunal Act’1995. etc.,
India’s environmental laws are a result of international conventions, commitments and judicial pronouncements. For the preservation of environment, the Central Government and State Governments had enacted many statutes as a part to educate the people; the Central Government had launched National Environment Awareness Campaign through the Ministry of Environment and Forest every year since 1986 with the objective of creating environmental awareness at the national level.
In India, the Ministry of Environment and Forests (MoEF) is the apex administrative body for regulating and ensuring environmental protection; formulating the environmental policy framework in the country; the Ministry is also the Nodal agency in the country for the United Nations Environment Programme (UNEP). Besides it Central Pollution Control Board (CPCB) at the Central Level, and State Pollution Control Boards at the state level are regulating and ensuring environmental protection.
In spite of the various laws and agencies for the protection of environment, India first got the taste of environmental disaster by two catastrophes that befell India – the Bhopal disaster in 1984 and Sri Ram Fertilizer Plant leak in 1985.