The Constitution of India has set a high priority on environmental protection. Article 253 of the Constitution gives the legislature the power to pass laws to protect the environment. The act also provides for a judicial process in case of any violation. However, there have been many shortcomings with the present legislation. The law has not been sufficiently implemented and does not have clear descriptions of what constitutes an environmental violation. For instance, there is no provision to make a company responsible for the discharge of hazardous wastes liable for a fine.
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The Air (Prevention and Control of Pollution) Act aims to stop air pollution by enforcing fines. The Environmental Protection Act, 1986, highlights the importance of incorporating environmental issues into all aspects of government policy. The act also aims to create effective economic instruments and incentives to encourage environmental conservation. The Wildlife Protection and Conservation Act, 1972, enacts legislations to conserve and protect the country’s wildlife.
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The Indian Government took a proactive approach towards environmental protection after the Stockholm Declaration. In 1972, the National Council for Environmental Policy and Planning was set up. In 1985, it became the Ministry of Environment and Forests. The Wildlife Protection Act aims to protect wildlife and provide rational management. The Water (Prevention and Control of Pollution) Act of 1974 provides for the establishment of pollution control boards. The Air (Prevention and Control of Pollution) and Forest (Conservation) Act of 1980 aim to prevent deforestation and forest land diversion.
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