Central Govt starts process of ‘reviewing’ environmental laws


* High-level Committee constituted to review six laws, asked to submit its report by October 29 
By Kartik Lokhande 
Various laws related to environment and forest have provisions that have become outdated and some have proven to be roadblocks in development. Against this backdrop, there has been demand from various quarters since long to review these. Union Ministry of Environment, Forests, and Climate Change has constituted a High-level Committee to ‘review’ the environmental laws and suggest amendments.
Some time ago, during his visit to city-based National Environmental Engineering Research Institute (NEERI), the Union Environment Minister Prakash Javadekar had hinted that the Central Government would look into the matter of ‘review’ of environmental laws. Accordingly, the Union Ministry of Environment, Forests, and Climate Change has constituted the committee. The committee under T S R Subramanian, former Cabinet Secretary, has been entrusted with the task of ‘review’ the laws and submit recommendations by October 29.
The committee has been asked to look into six laws. These include Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980; Wildlife (Protection) Act, 1972; The Water (Prevention and Control of Pollution) Act, 1974; and The Air (Prevention and Control of Pollution) Act, 1981; and The Indian Forest Act, 1927. As per the notification issued by the Ministry, the decision of review has been taken ‘based on experience gained in the implementation of the aforesaid Acts’.
The committee comprises T S R Subramanian as Chairman; and Viswanath Anand, Justice (retd) A K Srivastav, K N Bhat as Members. Subramanian is former Cabinet Secretary. Vishwanath Anand is former Secretary of Union Ministry of Environment and Forests; Justice A K Srivastav retired from Delhi High Court; and Bhat is senior Supreme Court lawyer as well as former Additional Solicitor General of India. Bishwanath Sinha, Joint Secretary of the Ministry; and Hardik Shah, Member Secretary of Gujarat State Pollution Control Board, will be the Secretaries of the committee.
The Office Memorandum issued by the Ministry in this regard spells out the ‘terms of reference’ of the committee. The panel has been asked to ‘assess the status of implementation’ of each of the aforesaid Acts vis-a-vis objectives; ‘examine’ and take into account various court orders and judicial pronouncements relating to these Acts; recommend ‘specific’ amendments needed to bring them in line with current requirements to meet objectives; and draft proposed amendments in each of the aforesaid Acts to give effect to proposed recommendations.
Most of these laws are quite old. They have many provisions relevant at the time of enactment. Of these six laws being considered for review, The Indian Forest Act dates back to 1927. It is 87 years old! Environment (Protection) Act is 28 years old, Forest (Conservation) Act dates back to 34 years, Wildlife (Protection) Act is 42 years old, The Water (Prevention and Control of Pollution) Act is 40 years old, and The Air (Prevention and Control of Pollution) Act is 27 years old.
For years, there has been demand from various quarters to amend The Indian Forest Act. The British-era law was based on the Indian Forest Act of 1878, and aimed at consolidating the law relating to forests, the transit of forest produce and the duty leviable on timber and other forest-produce. However, many of its provisions including those related to penalty are not relevant today. For instance, it has a penal provision of imprisonment up to six months or penalty up to Rs 500 only for felling of trees or other offences.
During the regime of United Progressive Alliance (UPA) Government, amendments were proposed to The Indian Forest Act, but the Bill for the same lapsed with the dissolution of the Lok Sabha. The Bill has proposed to increase penalty from Rs 50 to Rs 10,000 for various offences. 

(Published in The Hitavada CityLine on October 27, 2014)

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