comparative study of uk, india, pakistan environmental protection act

Comparative study of UK, INDIA &

PAKISTAN Environmental Protection Act

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Contents

Comparative Analysis of UK & Indian environmental policy .............................................................. 2

Comparative law method (UK & India) ............................................................................................... 2

Socio-legal method (UK & India) ......................................................................................................... 2

Context ................................................................................................................................................ 3

India .................................................................................................................................................... 3

UK ........................................................................................................................................................ 4

Reference: ......................................................................................................................................... 15

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Comparative study of UK, INDIA & PAKISTAN

Environmental Protection Act

Comparative Analysis of UK & Indian environmental policy Einstein once remarked, 'the environment is everything that isn't me'. In this sense, the environment

may mean virtually everything in the surrounding. However, for the purpose of this study a limited

definition of the environment as contained in the statutes will be adopted. Section 1 of the UK

Environmental Protection Act 1990 defines the environment as consisting of “all, or any, of the

following media, namely, the air, water and land; and the medium of air includes the air within

buildings and the air within other natural or manmade structures above or below ground”. This

definition is closer to the scope of this study than section 2 of the Indian Environment (Protection)

Act 1986 which states that 4 environment includes “water, air and land and the inter-relationship

which exists among and between water, air and land, and human beings, other living creatures,

plants, microorganisms and property”.

International law has influenced and shaped the environmental law in India and the UK, particularly

after the Stockholm Conference 1972.

Comparative law method (UK & India) It is often quoted that Aristotle collected more than 150 city state constitutions in the 4th century BC

for devising a model constitution for Greece. Therefore, the method of comparative law for

understanding and improving law dates back to the ancient times. Zweigert and Kotz (1987) have

defined the subject of comparative law as ' an intellectual activity with law as its object and

comparison as its process'. 9 Most comparative law books have assumed three main legal families in

the world namely civil law, common law and socialist legal order. However, with the collapse of the

erstwhile Soviet Union only two parent legal families remain, that is civil law and common law. Civil

law countries, such as France and Germany, have been influenced by the Roman tradition of law

making while India and the USA have made their law following the common law tradition of England.

Socio-legal method (UK & India) Sociology of law aims to discover the causal relationships between law and society. It seeks to

discover patterns from which one can infer whether and under what circumstances law affects

human behavior and conversely how law is affected by social change. 25 Therefore there is a great

deal of similarity and overlap between the sociology of law and comparative law. However, the field

of socio-legal study is much wider because here, through field observations and empirical

observations, functioning of law and institutions are studied while comparative law confines to a

study of rules of two systems in relation to each other. In this method a range of data collected from

field is used to determine the efficacy of a law. This method is important in the context of India and

the UK as both employ a wide variety of regulatory instruments to protect the environment. With

the help of data about violations of law, prosecutions and informal methods used by a department it

is possible to use this method to show how effective the law has actually been on the ground. Thus

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the prime mover in a socio-legal method is the interest to see the worth of a law in actual operation

than for the sake of law alone. This approach will be useful in studying enforcement patterns of the

environmental laws in India and the UK.

Context

To recommend that one country emulate or catch up with another's success simply by

copying or transferring a programme wholesale is naive, because it ignores the way in which

national context influences how a programme can operate, and whether it may be effective.

26 This was in fact the caution given by Kahn-Freund (1974) on possible misuses of

comparative law. It is, therefore, of interest briefly to state some background information

about India and the UK.

India

The people of India have had a continuous civilization since 2500 BC, when the inhabitants

of the Indus Valley thrived on urban culture based on commerce and agriculture. India

witnessed many kingdoms in the entire span of her history. She faced many invasions from

Turks, Afghans and others. In 16th century AD Moghul dynasty was established. The

establishment of the East India Company in 1600 preceded British rule in India. The Republic

of India has an area of 3.3 million sq. km with a population of more than 1 billion as in

March 2001. Total literacy rate was 65.38% during 2001. Terrain varies from Himalayas to

flat river valleys and climate ranges from temperate to sub-tropical monsoon.

India shares international borders with China, Pakistan, Myanmar, and Bhutan. In addition

to Hindi and English there are 16 other official languages. India achieved independence from

Britain on 15 August 1947 and the constitution came into being on 26 January 1950. The

type of the government is a federal republic. India has 29 states and 7 directly administered

union territories. The President is the head of the republic while the Prime Minister is the

head of the government. India's Parliament is bicameral. Chief Ministers head state

governments.

Gross Domestic Product (GDP) is $ 390 billion and the real growth rate (1998-99) is 6.8%.

Per capita GDP is $420. India has vast natural resources. India's economic growth is

constrained by inadequate infrastructure and cumbersome bureaucratic procedures.

Despite this, India, following economic reforms started in 1991, has emerged as an

important economic and industrial power in world. According to its constitution, India is a

'sovereign, socialist, secular, democratic republic'. The Indian constitution guarantees

fundamental rights of life and liberty to the people of India. The Indian Supreme Court has

interpreted right to life under Article 21 to include a right to a wholesome environment. The

Supreme Court has also entertained many public interest cases on the environment and has

earned comments from jurists of indulging in

judicial activism. Some have even criticised this approach of the Supreme Court. But in India

polarisation in terms of wealth, power and position is very sharp which has produced

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judicial activism by the Indian courts. This is not the case in the UK where judicial activism

has not developed, as the society is not highly polarised giving less chance to the judges to

become activist. India has a federal form of government but its central government is

patterned after the British parliamentary system. India's bicameral 15 legislature consists of

the Rajya Sabha (Council of States) having strength of 245 and the Lok Sabha (House of the

People) having strength of 545. India's independent judicial system began under the British,

and its concepts and procedures resemble those of common law countries.

Prime Minister Atal Behari Vajpayee took office in October 1999 after a general election in

which a Bhartiya Janata Party (BJP) led coalition of 13 parties called the National Democratic

Alliance emerged with an absolute majority. India's achievement as the world's biggest

democracy bears ample testimony to the democratic traditions of people and leaders of

India. India remains leader of the Non-Aligned Movement (NAM) and is an active member of

the South Asia Association for Regional Cooperation (SAARC). The British enacted most of

the Indian law presently in force. The Indian constitution was deeply influenced by the

common law of England. The Indian judiciary is independent and follows British judiciary in

manners of style and approach. In fact Indian Supreme Court judges quote frequently from

British law and judgments. The Ministry of Environment and Forest of the Government of

India is responsible for evolving policies relating to protection of the environment and

forest. States Forest Departments are charged with the responsibility of forest management

while States Pollution Control Boards, autonomous bodies under state governments, are

responsible for enforcing various environmental laws of air, water etc. The Central Pollution

Control Board, an autonomous body under the Ministry of Environment and Forest, helps

State Pollution Control Boards and advises the Government of India on environmental

matters.

UK

The United Kingdom of Great Britain and Northern Ireland has an area of 244,820 sq. km.

GDP (Nominal GDP, 2000) is $1.44 trillion, annual growth rate is 3.0% and per capita GDP

(1999) is $24,300. The population is over 59 million, the third largest in Europe and the 18 th

largest in the world. The form of the government is a constitutional monarchy. Parliament is

bicameral comprising House of Commons and House of Lords. After the devolution in 1988,

Scotland has a Parliament. Wales and Ireland have Assemblies. The constitution is unwritten

comprising partly statutes, partly common law and practice. The common law of England is

the greatest export to the nations of the world. The UK's constitution and laws guarantee

freedoms on the people relating to life and liberty which include rights to human dignity,

equality and personal integrity and human rights etc. Three important milestones in the

British constitutional history namely Magna Carta, the Bill of Rights and the Human Rights

Act 1998 are of profound importance. Changes may come formally through Acts of

Parliament, acceptance of new practices and usages or by judicial precedent. But in actual

practice the weight of 700 years of tradition restrains arbitrary actions. The judiciary is

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independent of the legislative and executive branches but cannot review the

constitutionality of legislation. The European Convention on Human Rights and

Fundamental Freedoms (ECHR) was created under the auspices of the Council of Europe.

The body of the Convention outlines the main traditional political and civil rights: right to

life, freedom from torture and inhuman or degrading treatment, freedom from slavery,

freedom of the person and right to privacy etc. All these rights are to be secured without

discrimination on grounds of sex, 17 race etc. The European Court of Human Rights has

interpreted some civil and political rights to protect against environmental harms. The UK

has been a party to the ECHR since it entered into force in 1953. The Convention, therefore,

is an important constitutional dimension in respect of the UK as far as an express provision

relating to human rights is concerned. The UK accepted the compulsory jurisdiction of the

European Court of Human Rights, which meant an individual, may petition to this institution

in the event of the breach of a Convention right. The Human Rights Act 1998 (HRA)

incorporates most Convention rights into the laws of the UK. Section 3 of the HRA places the

following duty on all courts and tribunals in all types of legal proceedings:

" So far as it is possible to do so, primary legislation and subordinate legislation must be

read and given effect in a way which is compatible with the Convention right."

If the High Court finds that, it is impossible to ' read and give effect' to an Act of Parliament

or statutory instrument so that it is compatible with the ECHR, it may make a formal

'declaration of incompatibility' under section 4 of the HRA 1998. "Section 10 of the HRA

1998 empowers a government minister to introduce a statutory instrument to amend or

repeal the provision, which a British Court has OT declared to be incompatible with the

ECHR."

Thus, the HRA 1998 and the ECHR would have greater roles in influencing environmental

laws in modern times as the environment and the human rights have been found to have

definite connections.

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Comparative study of UK, INDIA & PAKISTAN Environmental Protection Act

UK EPA 1990 INDIAN EPA 1986 PAKISTAN EPA 1997

Enforcement Of Law

This law enforces to the England and Wales & to the Scotland.

It extends to the whole of India. It extends to the whole of Pakistan.

Legislations

Alkali Act 1863

Alkali Act 1874

Alkali Act 1906

Ancient Monument and Archaeological Areas Act 1979

Civil Procedure Act 1997

Clean Air Act 1956

Clean Air Act 1993

Common Law Procedure Act 1854

Control of Pollution Act 1974 (CoPA)

Control of Pollution (Amendment) Act 1989

Countryside Act 1968

Criminal Justice Act 1982

Criminal Justice Act 1991

Deposit of Poisonous Wastes Act 1972

Dumping at Sea Act 1974

Endangered Species (Import and Export) Act 1976

Environment Act 1995 (EA)

Environmental Protection Act 1990 (EPA 1990)

European

Air (Prevention and Control of Pollution) Act 1981

Air (Prevention and Control of Pollution) Rules 1982

Atomic Energy Act 1962

Batteries (Management and Handling) Rules 2000 (Draft)

Bengal Smoke Nuisance Act 1905

Biodiversity Bill 2000

Bio-Medical Waste (Management and Handling) Rules 1998

Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996

Coastal Regulation Zone Notification 1991

Code of Civil Procedure (Amendment) Act 1999

Code of Civil Procedure 1908

Code of Criminal Procedure 1973

Constitution of India

Eco-Sensitive Zone-Pachmarhi

Environmental Impact

Assessment 1997

Hazardous waste 1997

Hazardous Substances

1997

Environmental

Protection Order 1997

Control of Emission 1997

Offences and Penalties

1997

International Treaties,

Conventions and

Agreements

International provincial

matters and

Coordination 1997

National Planning

Surveys and Research

1997

Foreign Loans and

Foreign Aid

Taxation

Copyright, Inventions,

Trademarks

Shipping

Oil and Gas Mining

Nuclear Energy, Nuclear

Waste

National Environmental

Quality Standards

(Certification of

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Communities Act 1972

Finance Act 1996

Forestry Act 1967

Freshwater and Salmon (Scotland) Act 1976

Housing Act 1890

Housing Act 1985

Housing Act 1988

Housing and Planning Act 1986

Housing, Town Planning etc Act 1909

Human Rights Act 1998

Merchant Shipping (Oil Pollution) Act 1971

Merchant Shipping (Oil Pollution) Act 1974

National Parks and Access to the Countryside Act 1949 (NPACA)

Nature Conservancy Council Act 1973

Noise Act 1996

Noise and Statutory Nuisance Act 1993

Nuclear Industries Act 1965

Occupier's Liability Act 1957

Planning (Hazardous Substances) Act 1990

Planning (Listed Buildings and Conservation Areas) Act 1990

Police and Criminal Evidence Act 1984

Pollution Prevention Control Act 1999

Prevention of Oil

Notification 1998

Environment (Protection) (Second Amendment) Rules 1999

Environment (Protection) Act 1986

Environment (Protection) Rules 1986

Environment (Siting for Industrial Projects) Rules 1999 (Draft)

Factories Act 1948

Forest (Conservation) Act 1980

Forest (Conservation) Rules 1981

Hazardous Wastes (Management and Handling) Rules 1989

Indian Easement Act 1882

Indian Evidence Act 1872

Indian Fisheries Act 1897

Indian Forest Act 1878

Indian Forest Act 1927

Indian Legislation

Indian Penal Code 1860

Insecticides Act 1968

Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules 2000

(Draft)

Manufacture, Storage and Import of Hazardous Chemicals Rules 1989

Environmental

Laboratories)

Regulations, 2000

Environmental Tribunal

Rules, 1999 (Amended

2000)

PEPA (Review of IEE and

EIA) Regulations, 2000

Provincial Sustainable

Development Fund

Board (Procedure) Rules,

2001

Environmental Samples

Rules, 2001

National Environmental

Quality Standards (Self-

Monitoring and

Reporting by Industry)

Rules, 2001

Pollution Charge for

Industry (Calculation and

Collection) Rules, 2001

Provincial Sustainable

Development Fund

(Utilization) Rules, 2003.

Pakistan Biosafety Rules,

2005.

Hospital Waste

Management Rules,

2005.

National Disaster

Management Division;

2011

Planning and

Development Division

National Heritage and

Integration Division

Ministry of Water and

Power

Ministry of Foreign

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Pollution Act 1971

IV

Protection of Birds Act 1954

Protection of Seals Act 1970

Public Health Act 1845








Public Health (Control of Diseases) Act 1984

Radioactive Substances Act 1993

Rivers Pollution Prevention Act 1876

Rivers (Prevention of Pollution) Act 1951

Salmon Act 1986

Salmon and Freshwater Fisheries Act 1975

Statutory Water Companies Act 1991

Supreme Court Act 1981

Town and Country Planning Act 1932



Town and Country

Mines and Minerals (Regulation and Development) Act 1957

Municipal Solid Waste (Management and Handling) Rules 2000

Municipal Waste (Management and Handling) Rules 2000

National Environment Appellate Authority Act 1997

National Environment Tribunal Act 1995

Noise Pollution (Regulation and Control) Rules 2000

Ozone Depleting Substances (Regulation) Rules 2000

Prevention and Control of Pollution (Uniform Consent Procedure) Rules 1999 (Draft)

Public Liability Insurance Act 1991

Public Liability Insurance Rules 1991

Re-cycled Plastics Manufacture and Usage Rules 1999

River Boards Act 1956

Shore Nuisance (Bombay and Kolaba) Act 1853

2-T (Regulation of Supply and Distribution) Order 1998

Water (Prevention and Control of Pollution) (Procedure

Affairs

Ministry of Ports

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Planning Act 1971

Town and Country Planning Act 1990 (TCPA)

Water Act 1945

Water Act 1973

Water Act 1989

Water Industry Act 1991 (WIA 1991)

Water Resources Act 1963

Water Resources Act 1991 (WRA 1991)

Wildlife and Countryside Act 1981 (WCA)

STATUTORY INSTRUMENTS

Civil Procedure Rules 1998 (CPR), SI 1998/3132

Clean Air (Emission of Dark Smoke) Regulations 1969

Clean Air (Height of Chimneys) Exemption Regulations 1969, SI 1969/411

Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971. SI

1971/161

Conservation (Natural Habitats etc) Regulations 1994

Control of Pollution (Applications, Appeals and Registers) Regulations 1996, SI

1996/2971 (CPR)

Controlled Waste Regulations 1992, SI 1992/588

for Transaction of Business)

Rules 1975

Water (Prevention and Control of Pollution) Act 1974

Water (Prevention and Control of Pollution) Cess Act 1977

Water (Prevention and Control of Pollution) Cess Rules 1978

Water (Prevention and Control of Pollution) Rules 1975

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Environment Act 1995 (Commencement) Order 1995, SI 1995/1983

Environmental Assessment (Forestry) Regulations 1998

Environmental Information Regulation 1992

Environmental Licences (Suspension and Revocation) Regulations 1996

Environmental Protection (Applications, Appeals and Registers) Regulations 1991, SI

1991/507

Environmental Protection (Applications, Appeals and Registers) Regulations 1991, SI

1991/667

Environmental Protection (Duty of Care) Regulations 1991, SI 1991/2839

Environmental Protection (prescribed Processes and Substances) Regulations 1991,

SI 1991/472

Environmental Protection Regulations SI 1994/1271

Forestry (Felling of Trees) Regulations

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1979

Integrated Pollution Prevention Control (IPPC) Regulations (Draft)

Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

Planning (Hazardous Substances) Regulations 1992, SI 1992/656

Planning (Listed Buildings and Conservation Areas) Regulations 1990, SI 1990/1519

Rules of the Air Regulations 1991

Smoke Control Areas (Authorised Fuels) Regulations 1991, SI 1991/1282

Statutory Nuisance (Appeals) Regulations 1995

Town and Country Planning (Assessment of Environmental Effects) (El A)

Regulations 1988, SI 1988/1199

Town and Country Planning (Development Plans) Direction 1991, SI 1991/2794

Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992

Town and Country Planning (Environmental

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Impact Assessment) (England and

Wales) Regulations 1999, SI 1999/293

Town and Country Planning (General Development Procedure) Order 1995

Town and Country Planning (Trees) Regulations 1999

Trade Effluents (Prescribed Processes and Substances) Regulations 1989-1992

Transfrontier Shipment of Waste Regulations 1994, SI 1994/1137

Urban Waste Water Treatment (England and Wales) Regulations 1994, SI 1994/2841

Waste Management Licensing Regulations 1994, SI 1994/1056

Water Supply (Water Quality) Regulations 1989, SI 1989/1147

PLANNING POLICY GUIDANCE NOTES (PPGs)

PPG 1 General Policy and Principles

PPG 2 Green Belt

PPG 3 Housing

PPG 4 Industrial and Commercial Development

PPG 7 Countryside

PPG 9 Nature Conservation

PPG 12 Development

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Plans

PPG 13 Transport

PPG 15 Planning and the Historic Environment

PPG 16 Archaeology and Planning

PPG 23 Planning and Pollution Control

PPG 24 Noise

Definitions

The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.

“Pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.

“Harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or

"Environment" includes water, air and land and inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.

"Environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

Or "Environmental pollution" means the presence in the environment of any environmental pollutant.

"Hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to

“Environment” means– 1. Air, water and land. 2. All layers of the

atmosphere. 3. All organic and

inorganic matter and living organisms.

4. The ecosystem and ecological relationships.

5. Buildings, structures, roads, facilities and works.

6. All social and economic conditions affecting community life.

7. The inter-relationships between any of the factors in sub-clauses (a) to (f).

8. “Environmental impact assessment” means an environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and compensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of

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harm to his property; and “harmless” has a corresponding meaning.

cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.

"Occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance.

recommendations and such other components as may be prescribed.

“pollution” means the

contamination of air, land or water by the discharge or emission of effluents or wastes or air pollutants or noise or other matter which either directly or indirectly or in combination with other discharges or substances alters unfavourably the chemical, physical, biological, radiational, thermal or radiological or aesthetic properties of the air, land or water or which may, or is likely to make the air, land or water unclean, noxious or impure or injurious, disagreeable or detrimental to the health, safety, welfare or property of persons or harmful to biodiversity.

“Hazardous substance” means:

1. Aa substance or mixture of substances, other than a pesticide as defined in the Agricultural Pesticides Ordinance, 1971 (II of 1971), which, by reason of its chemical activity or toxic, explosive, flammable, corrosive, radioactive or other characteristics causes, or is likely to cause, directly or in combination with other matters, an adverse environmental effect.

2. Any substance which may be prescribed as a hazardous substance.

“person” means any natural person or legal entity and includes an

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individual, firm, association, partnership, society, group, company, corporation, co-operative society, Government Agency, non-governmental organization, community-based organization, village organization, local council or local authority and, in the case of a vessel, the master or other person having for the time being the charge or control of the vessel.

Reference:

legislation.gov.uk. (n.d.). Retrieved from A The National Archives:

http://www.legislation.gov.uk/contactus

Pastakia, F. (2012, april). Environmental Protection & The Eighteenth Amendment.

National Impact Assessment Programme, 7-113.

SINHA, G. N. (2003, August). The University of Birmingham School of Law.

THE ENVIRONMENT (PROTECTION) ACT, 1986 No. 29 OF 1986

THE PUNJAB ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997)

Strengthening Environmental Legislations in India, document by Centre for

Environmental Law, WWF.