Authored By: Ramanjeet kaur
Lloyd School of Law
ABSTRACT
Climate change legislation and policies encompass a broad set of rules and regulations dictating, how to combat the effect of climate change. These consist of laws, decrees and policies enacted by governing bodies at both the legislative and executive levels. It is detrimental to our environment for a large number of trees to be cut down, as forest are essential for both animal and human life. They play a crucial role in maintaining a clean environment and preserving biodiversity. It is imperative that chemical factories and industries are not established near residential areas and workplace in order to protect us from pollution and mitigate the impact of global warming.
KEYWORD
Policies, legislative, executive, forest, biodiversity.
INTRODUCTION
International environment law and enforcement encompass a broad set of rules and regulations dictating, how to combat the effect of environment. These consist of laws, decrees and policies enacted by governing bodies at both the legislative and executive levels. It is detrimental to our environment for a large number of trees to be cut down, as forest are essential for both animal and human life. T It is imperative that chemical factories and industries are not established near residential areas and workplace in command to secure us from pollution & minimize the impact of global warming. Environment laws and regulations that govern the approach for addressing environment change encompass a wide range of concern, including the impact on human, wildlife, and the environment. The rising temperature have disrupted the winter, summer and monsoon seasons leading to issues such as landslides and shrinking floors in places like Joshimath, Uttarakhand. Additionally, the melting of ice glaciers, have increased volcanic activities, and, forest fires have severely affected wildlife such as lions, Tigers, a peacock. various initiatives have been established in areas where we people live and work, such as the Bhopal gas tragedy, caused by a chemical accident resulted in numerous fatalities. efforts for mitigate global warming involves the implementation of diverse environment law and policies, as well as the signing of international treaties and contribution at the national level. Joshimath got hit by geological phenomena know as land subsidence. Which is gradual settling or shrinking of the surface due to the removal of water, natural gas or mineral resources from the ground.
Research methodology
Research methods for climate legislation and policies can involve various approaches, such as establishing database, categorizing responses, identifying social vulnerabilities, and evaluating capacities. The focus of climate change research lies in assessing social vulnerability, responses, and adaptive capabilities to various influencing factors.
Main Body
International environment law and domestic legal policy can guide balancing sovereignty with global environment stewardship: –
➢ The Paris Agreement.
➢ Montreal Protocol.
➢ The Stockholm Conference.
➢ United Nation Framework Climate Change.
➢ The Environment Protection Act, 1986
➢ The Energy Conservation Act, 2001
➢ The Air Prevention And Control Of Pollution Act, 1981
➢ The Forest Conservation Act, 1980
This article mainly concentrates with the help of an international treaty and domestic policy control the climate change because reduce the three natural environmental processes. The air is polluted; do not have the fresh air. With the help of international and domestic policy, it can control the polluted air, receive the fresh air, oxygen, and protect the natural environment and wildlife – animal’s birds, etc.
The Environment Protection Act, 1986
The Environment Protection Act, 1986 poses a significant issue, as it has arisen due to the release of greenhouse gases and harmful emissions. This has a harmful impact on the natural environment & public health. The Bhopal gas tragedy was a chemical disaster that resulted in numerous fatalities. in response, there have been advancements in regulatory measures such as So, the EPA Act? Well, that came about because of something called Article 253 in India’s Constitution. Basically, this article lets them make laws to follow through on deals India makes with other countries. And get this, Article 48A is all about the government trying to look after the environment. It says they should work to safeguard and make the ecosystem better, including the grove and all the wildlife and stuff. Then there’s Article 51A, which kind of says it’s everyone’s job, every single citizen, to protect the environment too.1
Key Things the EPA Act
the Central Government gets to do whatever it takes to keep the environment safe and sound. They work with the State Governments to get it done.
They also get to: Set up and run a nationwide plan to stop, control, and clean up pollution. Figure out the standards for how good the environment needs to be. Make rules about how much junk can be put out into the air or water. Decide where certain businesses or processes can or can’t operate, but with some rules in place. The Central Government can hire people to help with all this, giving them the power to do their jobs. The central government can also tell folks to: terminate, prohibit, or regulate any business or procedure. Cut off or control things like electricity, water, or other services. Don’t Mess with the Rules: Nobody, and I mean nobody, can let out more pollution than the rules allow. Following the Steps: If you’re dealing with something dangerous, you gotten follow the correct steps and safety measures.2
The Air Prevention And Control Of Pollution Act, 1981
The primary sources of air impurity in our homes & neighborhoods, such as chemical industry, factories, vehicles, repair shops, and backyards fires, are situated close to where we live and work. It is a misconception that we are protected and that air pollution can be improved by having industries and factories establishing farther away from our living and working areas. The industries were situated so closely that there was not a single person who did not suffer some of harm as a result. To formulate a comprehensive strategy for preventing, managing, and reducing air pollution, as well as ensuring its implementation.
To provide guidance to the State Government on issues related to preventing, managing, and reducing air impurity. To gather and distribute data regarding air polluted. To cooperate with the Central Pollution Control Board on initiatives aimed at preventing, managing, and reducing air pollution and To conduct inspections in areas affected by air pollution, evaluate air quality, and implement measures to prevent, manage, and reduce air pollution in those areas.3
The Energy Conservation Act, 2001
The Energy Conservation Act (EC Act) was instated in 2001 with the objective of decreasing the energy intensity of the Indian economy. The Bureau of Energy Efficiency (BEE) was established as the authorized entity on 1st March 2002 at the national level to facilitate the execution of the EC Act. The Act mandates the following: Requirements & branding of machinery and equipment; Energy preservation building regulations for commercial structures; and Energy consumption standards for energy-intensive industries. Furthermore, the Act charges the Central Government and the Bureau with the task of promoting and facilitating energy efficiency across all sectors of the economy. The Act also mandates states to appoint organizations for the execution of the Act and the encouragement of energy efficiency in the state. The EC Act underwent amendments in 2010. The primary amendments of the Act consist of the following: The Central Government is authorized to grant energy savings certificates to the designated consumer whose energy consumption is lower than the process for development of energy consumption norms for industrial sub sector, capacity building of SDA’s etc. This legislation focuses on reducing carbon intensity rather than emphasizing energy conservation for individuals who don’t adhere to the guidelines. The penalty for each violation is less than 10,000 outline the specific details of this act.4
The Forest Conservation Act, 1980
Forests play a crucial play in supporting both animals and humans. Humans rely on forest for various resources, just as animals do. Without forest, both animals and human would struggle to survive as forest provide fruits, vegetable medicine and habitats for wild animal such as lion, tigers, and peacock. the cutting down of trees is harmful as it reduces oxygen levels and disrupting the ecological balance. Forest are essential for maintaining a clean environment, acting as a significant source of oxygen and supporting biodiversity Alright, here’s the deal with forests – there are some serious rules about messing with them. Sec 2 5of the forest conservation act,1980 Basically, you can’t just go around changing the status of a forest or using forest land for something other than, well, being a forest. This applies no matter what other laws a state might have.
The State Government, or anyone else in charge, needs to get a thumbs up from the Central Government before they can do any of the following:
Decide that a reserved forest (you know, a protected one) or any part of it, shouldn’t be reserved anymore.
(ii) Say that forest land can be used for something other than forestry.
(iii) Give forest land, or part of it, to a private person or a group, like a company or organization. The Central Government gets to set the rules for that, if they allow it at all.
(iv) Clear any trees that naturally grew on forest land to plant new ones.
Now, when we say “non-forest purpose,” we mean using the land for things like growing tea, coffee, spices, rubber, or other crops. It also covers anything other than replanting trees.
But, there are exceptions! It doesn’t include things that help take care of and manage forests and wildlife. Think of it as necessary work. This includes: 6
Things like taking care of the trees, including how they grow
(ii) Setting up checkpoints and places for the forest staff to work from
(iii) Creating and maintaining fire breaks
(iv) Using radios to communicate
(v) Building fences, boundary markers, bridges, water stuff, and pipelines
(vi) Building zoos and safaris, if the government owns them, but not in protected areas. (vii) Eco-tourism stuff that’s part of a plan for the forest or wildlife
(viii) Anything else the Central Government says is okay.
The Paris Agreement
The Paris Agreement into action means some serious changes, both in how we do things economically and socially. It’s all supposed to be based on the latest scientific findings. The whole agreement thing runs on a five-year cycle, where countries are supposed to keep stepping up their game, or, you know, “ratcheting up” their climate efforts. They’ve been doing this since 2020, sending in their own plans, called nationally determined contributions, or NDCs. The idea is that each new plan should be a little more ambitious than the last one7.
Because everyone knows we need to move faster to keep the planet from heating up too much, like, to only 1.5°C, the COP27 meeting told everyone to look back at their 2030 goals. They need to beef them up, so they fit in with what the Paris Agreement is aiming for, which they had to do by the end of 2023. And that’s all got to take into account what each country is dealing with. Plus, the Paris Agreement set up a system for everyone to be more open about things. It’s called the enhanced transparency framework, or ETF. Starting in 2024, countries will be sharing info about what they’re doing, how it’s going, and any help they’ve given or gotten. There will also be a way for everyone to review those reports8.
All the info from the ETF will then get used in something called the Global Stock take. This will check how we’re doing as a whole, in terms of reaching those long-term climate goals. That process will result in suggestions, so countries can come up with even better plans the next time around.
The Montreal Protocol
The Montreal protocol9, An International Agreement goal at safeguarding the ozone layer by minimize the production and use of ozone- depleting substance, was established in 1987. It includes substances such as chlorocarbons, halons, and hydrochlorofluorocarbons. The protocol has been reinforced through six amendments: the London amendment in 1990, the Vienna amendment in 1995, the Montreal amendment in 1997, the Beijing amendment in 1999, and the Kigali amendment in 2016. All member states of the United Nations, along with the cook Island, Niue, the holy see, the state of Palestine, and the European union have ratified the original Montreal protocol. This agreement has successfully slowed and reversed the increase of ozone- depleting substances in the atmosphere and is projected to fully restore the ozone layer by the middle of the 21st century.
The Stockholm Conference
When the decision was made by the United Nations General Assembly to hold the 1972 Stockholm Conference, following an offer from the Government of Sweden to host it, UN Secretary-General U Thant enlisted Maurice Strong to lead the conference in his capacity as Secretary-General, recognizing the Canadian diplomat’s previous involvement and dedication to the project for over two years. In accordance with Article 1, the primary goal of the Stockholm Convention is to safeguard human health and the environment from persistent organic pollutants. Exposure to Persistent Organic Pollutants (POPs) may result in severe health consequences such as specific cancers, birth abnormalities, compromised immune and reproductive functions, increased susceptibility to illnesses, and harm to the central and peripheral nervous systems. Due to their ability to travel long distances, no single government can effectively shield its population or natural surroundings from the impacts of POPs.
United Nation Framework Climate Change.
The UNFCCC acknowledges that climate change constitutes a global issue that necessitates international collaboration for effective resolution. It asserts that climate change is a matter of common concern for all nations. This convention serves as the foundation for specific agreements and protocols that may impose legally binding limitations on greenhouse gas emissions. Adopted on 9 May 1992, the UNFCCC10 was opened for signature during the United Nations Conference on Environment and Development, known as the Earth Summit, which took place from 3 to 14 June in Rio de Janeiro, Brazil. It became effective on 21 March 1994, following the ratification by a sufficient number of member countries. Currently, the UNFCCC boasts 197 members, making it one of the most widely supported treaties within the United Nations system: –
The primary objective of the United Nations Framework Convention on Climate Change is to maintain greenhouse gas concentrations in the atmosphere at a level that would avert significant disruption to the climate system caused by human activities.
This essential aim is further supported by several critical objectives:
Permit ecosystems to evolve organically.
Avoid causing harm to food production.
Encourage the advancement of sustainable economic growth.
Judicial trend
M.C. Mehta v. union of India11.
Ratio & Decision in MC Mehta Case:
- A five-judge SC bench led by Justice PN Bhagwati organized the principle of ABSOLUTE LIABILITY in the oleum gas escape case.
The hazardous industries have to be set up since they are essential for economic development and advancement of society but this does not absolve them of the responsibility on the grounds that they were not negligent in handling the hazardous substance or that they tok all the necessary and reasonable precautions in its handling.
The court, therefore, applied the no-fault liability principle which was absolute and had no exceptions. Before it set this principle up i.e. before 1987 these hazardous industries were escaping their liabilities by using the exceptions under the strict liability principle.
Vellore citizens welfare forum v. union of india12
Judgement :-
The court directed the central government to set up a body under Section 3(3) of the Environment Protection Act, 1986 and laid down several guidelines for its functioning:
The body shall be given necessary powers to deal with issues relating to tanneries and other polluting industries in Tamil Nadu. The body shall have the power to issue directions under Section 5 of the Environment Protection Act. The body shall apply the precautionary principle and the polluter pays principle. The body shall classify the compensation into two categories: individual compensation and ecosystem restoration. The body shall prepare a statement setting out the total amount of compensation, the names of the polluters and the affected families, and the total amount to be deposited with the District Magistrate/Collector of the affected area, who shall compensate the affected parties.
The court also said they had to set up either shared treatment places or their own pollution control stuff. Plus, they needed the board’s okay to keep going. The Madras High Court was told to create a special “Green Bench” just for this and other environmental cases. The court also told the state of Tamil Nadu to give MC Mehta fifty grand to cover his lawyer fees and other costs. They gave him a pat on the back for really getting involved, too.
Subhash Kumar v. state of Bihar13
In Subhash Kumar vs State of Bihar & Others (AIR 1991 SC 420), the Supreme Court of India addressed the right to a clean environment as part of the right to life under article 21 of the Indian constitutions. Subhash Kumar filed a writ petition alleging that the discharge of slurry from the Tata Iron & Steel Co. into the Bokaro River was polluting the water, affecting his livelihood and the health of residents.
The court in Subhash Kumar v State of Bihar held that the right to life includes the right to enjoy pollution free water and air. However, the petition was dismissed due to a lack of evidence directly linking the pollution to the respondents, emphasizing the need for concrete proof in environmental claims.
Suggestions
Climate law and polices, such as international treaties, aim to reduce the production, promote the use of reusable bags over plastic ones, discourage deforestation, and encourage the implementation of long term polices for sustainable development, limiting building structures to a maximum of three or four floors to prevent harmful impacts on the climate. Additionally, controlling the use of air conditioning is essential as it can contribute to increased heat produced and affect weather patterns. In India, adherence to climate laws and policies outlined in international treaties bring numerous benefits, including maintaining a clean environment and protecting human health. It is crucial to refrain from littering in public spaces, rivers, and roads, as violations of climate laws and policies may result in penalties for those who don’t comply with the established rules and regulations.
Conclusion
Climate change necessitates a worldwide response, but the actions taken at the national and subnational levels are garnering increased attention. This is because international pledges must be supported by domestic measures to maintain credibility. Moreover, global climate policy is shifting towards an international accord that builds upon countries’ domestic commitments rather than a comprehensive global treaty. The aim of these regulations is to minimize the emission of greenhouse gases from heavy-duty vehicles and engines by setting emission standards and testing procedures that are in accordance with the international levels required by federal mandates
Reference(S):
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3 Aiswarya Aggarwal, Air (Prevention and Control of Pollution) Act, 1981, law Bhoomi, (last visited June 3,2025, 6:00pm),https://lawbhoomi.com/air-prevention-and-control-of-pollution-act-1981/
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10 Textbook, https://testbook.com/ias-preparation/unfccc, (last visited June 20, 2025)
11 Om Ram, M.C Mehta v. Union of India 1987 SC 1086, https://lawplanet.in/mc-mehta-vs-union-of-india-case/ (last visited June 25, 2025)
12 Nishita Gupta, Vellore Citizen Welfare Forum V. Union of India 1996, legal services of India,https://www.legalserviceindia.com/legal/legal/article-13637-case-analysis-vellore-citizens-welfare-forum-v-s union-of-india.html (last visited June 19, 2025)
13 Aishwarya Agarwal, Subhash Kumar v. state of Bihar, law Bhoomi,https://lawbhoomi.com/subhash-kumar-v-state-of bihar-others/ ( last visited June 22, 2025)
