Environment Pollution in India - History

History

Yajnavalkya Smriti, a historic Indian text on statecraft and jurisprudence, suggested to have been written before 5th century AD, prohibited the cutting of trees and prescribed punishment for such acts. Kautalya's Arthashastra, written in Mauryan period, emphasised the need for forest administration. Ashoka went further, and his Pillar Edicts expressed his view about the welfare of environment and biodiversity.

"Happiness in this world and the next is difficult to obtain without much love for the dhamma, much self-examination, much respect, much fear of evil, and much enthusiasm. Beloved-of-the-Gods, King Piyadasi (Ashoka), speaks thus: Animals were declared to be protected – parrots, mainas, aruna, geese, wild ducks, nandimukhas, gelatas, bats, queen ants, terrapins, boneless fish, vedareyaka, gangapuputaka, sankiya fish, tortoises, porcupines, squirrels, deer, bulls, okapinda, wild asses, wild pigeons, domestic pigeons and all four-footed creatures that are neither useful nor edible. Also protected were nanny goats, ewes and sows which are with young or giving milk to their young, and so are young ones less than six months old. Cocks are not to be caponized, husks hiding living beings are not to be burnt, and forests are not to be burnt either without reason or to kill creatures. One animal is not to be fed to another. Our king killed very few animals."

— Ashoka's Seven Pillar Edicts

British rule of India saw several laws related to environment. Amongst the earliest ones were Shore Nuisance (Bombay and Kolaba) Act of 1853 and the Oriental Gas Company Act of 1857. The Indian Penal Code of 1860, imposed a fine on anyone who voluntarily fouls the water of any public spring or reservoir. In addition, the Code penalised negligent acts. British India also enacted laws aimed at controlling air pollution. Prominent amongst these were the Bengal Smoke Nuisance Act of 1905 and the Bombay Smoke Nuisance Act of 1912. While these laws failed in having the intended effect, British-enacted legislations pioneered the growth of environmental regulations in India.

Upon independence from Britain, India adopted a constitution and numerous British-enacted laws, without any specific constitutional provision on protecting environment. India amended its constitution in 1976. Article 48(A) of Part IV of the amended constitution, read: The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51 A(g) imposed additional environmental mandates on the Indian state.

Other Indian laws from recent history include the Water (Prevention and Control of Pollution) Act of 1974, the Forest (Conservation) Act of 1980, and the Air (Prevention and Control of Pollution) Act of 1981. The Air Act was inspired by the decisions made at Stockholm Conference. The Bhopal gas tragedy triggered the Government of India to enact the Environment (Protection) Act of 1986. India has also enacted a set of Noise Pollution (Regulation & Control) Rules in 2000.

In 1985, Indian government created the Ministry of Environment and Forests. This ministry is the central administrative organisation in India for regulating and ensuring environmental protection.

Despite active passage of laws by the central government of India, the reality of environmental quality mostly worsened between 1947 to 1990. Most of Indian economy was nationalized and owned by India, and regulations were mostly ignored by state run enterprises. Rural poor had no choice, but to sustain life in whatever way possible. The state governments of India often regarded environmental laws enacted by the central government as a mere paperwork formality. Air emissions increased, water pollution worsened, forest cover decreased.

Starting in 1990s, reforms were introduced. Since then, for the first time in Indian history, major air pollutant concentrations have dropped in every 5 year period. Between 1992 to 2010, satellite data confirms India's forest coverage has increased for the first time by over 4 million hectares, a 7% increase.