THE ENVIRONMENT PROTECTION ACT, 1986 (IN INDIA)

INTRODUCTION…..

In 1980, the Deptt. of Environment was established in India. Later on it became the Ministry of Environment and Forests in 1985. EPA,1986 came into force soon after the Bhopal Gas Tragedy.

OBJECTIVE……

Objective is, to provide the protection and improvement of environment. In EPA, article 48A, specify that the State shall protect and improve the environment.

Also, to safeguard the forests and wildlife of the country. Acc. to sec 51(A) every citizen shall protect the environment. EPA is applicable to whole India, including J&K.

IMPORTANT TERMINOLOGY….

“Environment” It includes water, air, and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism 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.

“Environmental pollutant” means any solid, liquid or gaseous substances present in such concentration as may be or tend to be injurious to environment and human being. “Hazardous Substance” means any substance or preparation which, by reasons of its chemical or physico-chemical properties, is liable to cause harm to human beings or other living creatures. “Handling” In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc

“Environmental pollution” means imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner, that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health. “Occupier” It 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.

“Hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.

POWERS PROVIDED BY THE ACT TO CENTRAL GOVTT.….

To make rules to regulate environmental pollution; To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and restriction on the handling of hazardous substances, and location of industries (Sections 3-6).

Under Sec (3): may constitute authority or authorities for the purpose of exercising of performing such of the powers and functions; Under Sec (4): may appoint a person for inspection; Under Sec (5): may issue directions in writing to any officers or any authority to comply; Under Sec (6): it empower the government to make rules to achieve the object of the Act.

Under Sec (7): persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards; Under Sec (8): persons handling hazardous substances must comply with procedural safeguards.

PENALITY….

Whoever Person found to be the cause of pollution, may be liable for punishment for a term which may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15, 16, 17). If not comply fine of Rs. 5000 per day extra, still if not comply for more than one year, then imprisonment may extend up to 7 years.

Section 17 specifies that Head of the department/ incharge of small unit may be liable for punishment if the owner /occupier produce enough evidence of innocence. The state govtt. have power to close or cancel or deny the authorization to run the factory/institution/hospital whichever is causing pollution.

ENVIRONMENTAL LAWS….

Following is a list of the environmental legislations that have come into effect: General, Forest and wildlife, Water, Air etc.

General….

1986 – The Environment (Protection) Act; 1986 – The Environment (Protection) Rules; 1989 – The objective of Hazardous Waste (Management and Handling) Rules; 1989 – The Manufacture, Storage, and Import of Hazardous Rules; 1989 – The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules; 1991 – The Public Liability Insurance Act and Rules and Amendment, 1992

FOREST AND WILDLIFE….

1927 – The Indian Forest Act and Amendment, 1984; 1972 – The Wildlife Protection Act, Rules 1973 and Amendment 1991; 1980 – The Forest (Conservation) Act and Rules, 1981.

WATER….

1882 – The Easement Act ; 1897 – The Indian Fisheries Act ; 1956 – The River Boards Act ; 1970 – The Merchant Shipping Act ; 1974 – The Water (Prevention and Control of Pollution) Act ; 1991 – The Coastal Regulation Zone Notification.

AIR….

1948 – The Factories Act and Amendment in 1987 ; 1981 – The Air (Prevention and Control of Pollution) Act ; 1982 – The Air (Prevention and Control of Pollution) Rules ; 1982 – The Atomic Energy Act ; 1987 – The Air (Prevention and Control of Pollution) Amendment Act ; 1988 – The Motor Vehicles Act.

National Forest Policy (2011)

This policy was formally approved by Cabinet in February 2011 after a comprehensive process of consultations with governmental divisions and public stakeholders, conducted during the preceding two years.  The overall purpose of the policy is to ensure the maintenance of biodiversity, forest management for optimum combinations of productive, protective, recreational, aesthetic, scientific and educational benefits, and to contribute to the national economy and livelihoods.  In terms of national parks and other protected areas, the policy requires the protection in perpetuity of those areas of the country which represent significant examples of the country’s natural heritage and encourage public understanding, appreciation and enjoyment of the heritage in ways which leave it unimpaired for future generations.  The strategies identified include:

1. Provision of recreational and educational opportunities in forest areas
2. Construct amenity facilities to enhance the recreational experience
3. Enactment of legislation for parks and other protected areas
4. Conservation of unique and representative flora, fauna, geology, landscapes, archaeology and other intrinsic features
5. Promote participatory management of parks with local communities and interest groups.

In terms of wildlife management, the policy prescribes the facilitation of the development and adoption of appropriate wildlife habitat and species management plans to produce stable ecosystems and populations. The strategies identified include:

1. Conservation of natural habitats
2. Recover to a secure status all wildlife species threatened with extinction
3. Manage habitats and migratory wildlife species for their intrinsic, scientific and recreational value.

National Environmental Policy (2006)

The formulation and adoption of a National Environmental Policy (NEP) is a stipulation of the Environmental Management Act 1995 (EM Act) and is an expression of the Government's recognition of the right to enjoy life and the enjoyment of property as enshrined under Section 4(a) of the Constitution of Trinidad and Tobago. Accordingly, the NEP was designed to promote the conservation and wise use of the environment of Trinidad and Tobago and to serve as a manifesto of goals, objectives and principles which would guide the management of natural resources so that the needs of present and future generations, as well as the enhancement of the quality of life, can be met.

The first policy, adopted in 1998, was subsequently revised in 2005 under Section 18 (5) of the EM Act which allows for the revision of the policy as the Environmental Management Authority (EMA) sees fit.  Increasing industrialisation of the domestic economy, in conjunction with expanding urbanisation, has led to a revision of the NEP to reflect the new and amplified pressures the environment now faces.  The latest revision of the NEP therefore, attempts to address concerns arising out of conflicting uses of ecosystem services and resources in the context of Trinidad and Tobago's commitments to Mulitlateral Environmental Agreements (MEAs), as well as the need to ensure equitable sharing of benefits arising from the utilisation of natural capital. 

The following highlights the main sections of the revised NEP which identify and delineate priority areas and proposed long term strategies for environmental management respectively:

1. Overview of the State of the Environment

• Legislative, regulatory and practical policy implementation issues

2. Goals, Objectives and Basic Principles

3. Conservation of Natural Resources

• Environmentally Sensitive Areas
• Environmentally Sensitive Species
• Invasive Species
• Coastal and Marine Areas
• Forests
• Wetlands
• Water resources
• Mineral resources
• Energy

4. Pollution, Hazardous and Toxic Substances

• Air and noise pollution
• Motor vehicle emissions
• Ozone depleting substances
• Greenhouse gases
• Wastes
• Hazardous wastes
• Hazardous substances and spills
• Natural disasters and environmental emergencies
• Contaminated land

5. Assessment of Impacts, Public Information and Environmental Education

• Environmental Impact Assessment
• Availability of information
• Environmental education

6. Financial and Economic Instruments

7. Policy Implementation

• Promoting and implementing the policy
• Institutional linkages and Global Alliances
• Conclusion: the way forward

The Charitable Trusts Act 1957

Rules and trust deeds of charitable trusts

The Charitable Trusts Act 1957 requires every charitable trust to provide the Registrar of Incorporated Societies with a copy of the documents that show the general purposes of the trustees or society.  In the case of a society applying for incorporation as a charitable trust, they must also provide a copy of the document that sets out the constitution of the society.

• The terms 'trust deed' and 'rules' are used to describe the 'constitutional document' that sets out how the board is to operate and how the trust property is to be administered. 
• It is common for trustees as a board to be governed by a trust deed and societies as boards to be governed by a constitution or a set of rules.  These documents need to be registered with the Registrar of Incorporated Societies.
• There must be a clear intention to devote property to a charitable purpose.  The property must be clearly defined and the purpose must be of a public nature.  That is, for the benefit of the community or a section of the community. 
• The purpose of the trust must either comply with the meaning of the term 'charitable' as defined in the Charitable Trusts Act 1957 or be religious or educational in character.
• The Charitable Trusts Act 1957 does not prescribe the format or what needs to be included in a trust deed or a set of rules.

What is contained in a trust deed or set of rules?

A trust deed or set of rules should contain the following information (you may need to include additional paragraphs depending on your circumstances):

• The name of the board.
• The purposes of the trust.
• The make-up of the board, including the number of trustees or board members and how they are appointed, how long they serve and how they can be removed.
• How the property of the trust is to be controlled and managed by the board.
• The powers and duties of the trustees.
• How the funds and property of the trust will be applied.
• How meetings of the board are to be held including quorum numbers and notice of meetings.
• How the financial affairs are to be managed such as the banking of money and the preparation of financial accounts.
• The use of a common seal.
• How the trust deed or rules of the organisation may be altered.
• How the distribution of surplus assets on winding up or dissolution will occur.

How to draft a trust deed or set of rules

It is always important that legal documents are properly prepared.  If they are unclear or ambiguous, problems could arise later that could be expensive to solve, as the documents will need to be varied or possibly have to be referred to the High Court.

It is therefore important that intending applicants discuss what is proposed with their solicitor, as there is a lot of law on what is in fact 'charitable' and there are restrictions on the names that can be given to a Board. 

It would be helpful to a solicitor if you prepare a summary with:

• what is intended
• who is to benefit
• what the initial trust property will be and
• the names and addresses of all the people involved.

Involving your solicitor at the start will help to ensure that the trust document is clear and easily understood - which in turn means the application for incorporation will be in order and that the future administration of the board will run as smoothly as possible.

Deeds of trust are likely to have a lot of administrative detail aside from expressing the charitable purpose, including

• how trustees are appointed and removed
• how many there are to be
• how they are to make decisions etc. 

The Charitable Trusts Act 1957 does not prescribe the format or content for trusts or rules. 

If a trust document does not have these details, as would happen with a trust created by a will for example, the trustees would have to decide on their procedures at their first meeting.  At the first meeting of a board, it would have to make a number of decisions including making a resolution to open a bank account and adopting the common seal among other matters.

When drafting a trust deed or set of rules it can be very helpful to read the deeds or rules of existing organisations with a similar purpose to yours.  It is free to search the registered documents of existing incorporated charitable trusts.

SOCIETIES REGISTRATION ACT, 1860

CONTENTS
Sections
Particulars

1
Societies formed by memorandum of association and registration
2
Memorandum of Association
3
Registration and Fee
4
Annual list of managing body to be filed
5
Property of Society how vested
6
Suits by and against societies
7
Suits not to abate
8
Enforcement of judgment against society
9
Recovery or penalty accruing under bye-law
10
Members liable to be sued as strangers
11
Members guilty of offences punishable as strangers
12
Societies enabled to alter, extend or abridge their purposes
13
Provision for dissolution of societies and adjustment of their affairs
14
Upon a dissolution no member to receive profit
15
Member defined
16
Governing body defined
17
Registration of societies formed before Act
18
Such societies to file memorandum, etc., with Registrar of Joint-stock companies
19
Inspection of documents
20
To what societies Act applies
SOCIETIES REGISTRATION ACT, 1860
[Act No. 21 of Yr. 1860]
An Act for the registration of literary, scientific and charitable societies
Whereas it is expedient the provision should be made for improving the legal condition or societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, l[the diffusion of political education], or for charitable purposes;
Comment: Charitable purposes which came within the language and spirit of the statute of Elizabeth (43 Eliz ch 4) could be grouped into four heads, (i) relief of poverty, (ii) education, (iii) advancement of religion and (iv) other purposes beneficial to the community not coming under any of the preceding heads. The words in Act 21/1860 are, therefore, to be understood as including religious purposes also. Hindu Public v. Rajdhani Puja Samithee AIR 1999 SUPREME COURT 964
It is enacted as follows :-
1. Societies formed by memorandum of association and registration
Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with Registrar of Joint-stock Companies 2[***] form themselves into a society under this Act.
2. Memorandum of association
The memorandum of association shall contain the following things, that is to say,-
the name of the society;
the object of the society;
the names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted.
A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association.
3. Registration and fees
Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of fifty rupees, or such smaller fees as 3[the State Government] may from time to time, direct; and all fees so paid shall be accounted for to 3[the State Government].
4. Annual list of managing body to be filed
Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the societies is held, or, if it rules do not provide for an annual general meeting, in the months of January, list shall be filed with the Registrar of Joint Stock Companies, of the names, addresses and occupations of the governors, council, director, committee, or other governing body then entrusted with the management of the affairs of the society.
5. Property of society how vested
The property, movable and immovable belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings civil and criminal, may be described as the property of the governing body of such society for their proper title.
6. Suits by and against societies
Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion:
PROVIDED that it shall be competent for any person having a claim, or demand against the society, to sue the President or Chairman, or Principal Secretary or the trustees thereof, if on application the governing body some other officer or person be not nominated to be the defendant.
7. Suits not to abate
No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit proceedings shall be continued in the name of or against the successor of such person.
8. Enforcement of judgment against society
If a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society.
The application for execution shall set forth the judgement, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgement enforced against the property of the society.
9. Recovery of penalty accruing under bye-law
Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of bye-laws, by any bye-laws made at a general meeting of the members of the society convened for the purpose (for the making of which the concurrent votes of three-fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the society, such penalty, when accrued, may be recovered in any court having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.
10. Members liable to be sued as strangers
Any member who may be in arrear of a subscription which according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury, or destruction of the property in the manner hereinbefore provided.
Recovery by successful defendant of costs adjudged : But if the defendant shall be successful in any suit or other proceedings brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.
11. Members guilty of offences punishable as strangers
Any member of the society who shall steal, purloin, or embezzle any money or other property, or wilfully, and maliciously destroy or injure any property of such society, or shall forge and deed, bond, security for money, receipt, or other instrument, whereby the funds of the society may be exposed to loss, shall be
subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner, as any person not a member would be subject and liable to in respect of the like offence.
12. Societies enabled to alter, extend or abridge their purposes
Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend, or abridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society;
but no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one months after the former meeting.
13. Provision for dissolution of societies and adjustment of their affairs
Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities according to the rules of the said society applicable thereto, if any, and if not, then as the governing body shall find expedient, provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal court of original civil jurisdiction of the district in which the chief building of the society is situate; and the court shall make such order in the matter as it shall deem requisite.
Assent required: Provided that no societies shall be dissolved unless three-fifths of the members shall have expressed a wish for dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose:
Government consent: Provided that 4[whenever any Government] is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved 5[without the consent of the Government of the 6[State] or registration].
14. Upon a dissolution no member to receive profit
If upon the dissolution of any society registered under this Act there shall remain, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the said society or any of them, but shall be given to some other society, to be determined by the votes of not less than three-fifths of the members present personally or by proxy at the time of the dissolution, or in default thereof, by such court as aforesaid:
Clause not to apply to Joint-stock Companies : Provided, however, that this clause shall not apply to any society which has been founded or established by the contributions of share-holders in the nature of a Joint-stock Company.
15. Member defined
For the purposes of this Act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations;
Disqualified members : But in all proceedings under this Act no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrears for a period exceeding three months.
16. Governing body defined
The governing body of the society shall be the governors, council, directors, committee, trustees, or other body to whom by the rules and regulations of the society the management of its affairs is entrusted.
17. Registration of societies formed before Act
Any company or society established for a literary, scientific or charitable purpose, and registered under Act 43 of 1850 7, or any such society established and constituted previously to the passing of this Act but not registered under the said Act 43 of 1850 may at any time hereafter be registered as a society under this Act.
Assent required : Subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body.
In the case of a company or society registered under this Act 43 of 18507, the directors shall be deemed to be such governing body.
In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.
18. Such societies to file memorandum, etc. with Registrar of Joint-stock Companies
In order to any such society as is mentioned in the last proceeding section obtaining registry under this Act, it shall be sufficient that the governing body file with the Registrar of Joint-stock Companies 2[* * *] a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on.
19. Inspection of documents
Any person may inspect all documents filed with the Registrar under this Act on payment of a fee of one rupee for each inspection; and any person may require a copy or extract of any document or any part of any document, to be certified by the registrar, on payment of two annas for every hundred words of such copy or extract; and such certified copy shall be prima facie evidence of the matters therein contained in all legal proceedings whatever.
20. To what societies Act applies
The following societies may be registered under this Act:-
Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts for instruction, the diffusion of useful knowledge, 1[the diffusion of political education], the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

Right To Information Act (RTI)

The Right to Information (RTI) Act, similar to the Freedom of Information Act in the United States - was enacted almost five years ago and is aimed at providing a practical way for all citizens to access information held by public authorities.

The RTI Act entitles you to receive all the information you need from government departments and it's time for more widespread use.

RTI is a law enacted by the Parliament of India "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir. This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005.

India is ranked 84th or near the middle of 180 countries in the Transparency International Corruption Perception Index

The Act specifies that citizens have a right to

    * request any information 
    * take copies of documents
    * inspect documents, works and records
    * take certified samples of materials of work
    * obtain information in form of printouts, diskettes, floppies, tapes, video cassettes 'or in any other electronic mode' or through printouts.

Public Information Officer (PIO)
PIO is the person responsible in a department for receiving RTI applications, and sending responses, or rejecting applications if applicable. PIO is liable for penalty of Rs 250 per day in case of delay beyond 30 days, or even disciplinary action if information is delayed or denied on no just grounds.

Constituents of an RTI application
1. Name and address of applicant.
2. Name and address of PIO
3. Particulars of information required
4. Postal order, draft, cash etc
Click here to download the sample RTI application

How to go about solving a problem using RTI
1. State a personal or public problem area which you need to solve.
2. Find the department responsible for that area.
3. Find the address of PIO responsible for that area.
4. Draft an RTI application addressed to PIO.
5. Enclose a postal order (of Rs 10 in most cases) addressed to PIO and send letter by registered or speed post to the PIO. Postal order is most convenient since it can be purchased in bulk at a post office, and then one can file RTIs one by one.
6. Wait for 30 days for response. If response is not received within 30 days or rejected, you can file appeal

The implementation of Forest Rights Act and the forest dwellers

The Forest Rights Act is a good step towards securing and establishing the traditional forest rights of tribal communities.  In this regard, many NGOs, government departments, individuals as well as indigenous people across India are engaging in the process of claiming the legal rights to the forest dwellers.

The Recognition of Forest Rights Act – better known as the Forest Rights Act (FRA) of 2006 is to reduce historical injustice committed against forest dwellers but it remains only on paper and pen.

Millions of people live in and near forest lands, but have no legal right to their homes, lands or livelihoods. The forest dwellers also not aware about their rights.

In India 82% of forest blocks in Madhya pradesh and 40% of Odisha's reserved forests were never surveyed. Similarly 60% of India's national parks have till today (sometimes after 25 years, as in Sariska) not completed their process of inquiry and settlement of rights. As the Tiger Task Force of the Government of India put it, In the name of conservation they are doing nothing and now there have only 1411 tigers exists in India.

Commissioner for Scheduled Castes and Scheduled Tribes, in his 29th Report, said that "The criminalisation of the entire communities in the tribal areas is the darkest blot on the liberal tradition of our country."The Indian Forest Act, 1927, India's main forest law, had nothing to do with conservation. 

The gram sabha plays this role because it is a public body where all people participate, and  is fully democratic and transparent. The gram sabha's recommendation goes through two stages of screening committees at the taluka and district levels. 

The district level committee makes the final decision (section 6(6)). The Committees have six members - three government officers and three elected persons. At both the taluka and the district levels, any person who believes a claim is false can appeal to the Committees, and if they prove their case the right is denied sections 6(2) and 6(4). Finally, land recognised under this Act cann't be sold or transferred.

Further impact

• The destruction of five lakh hectares of forest in the past five years alone for mines, dams and industrial projects  
• The clearing of millions of hectares of forest for monoculture plantations by the Forest Department  
• The loss of more than 90% of India's grasslands to commercial forest department plantations

What does the Forest Rights Act do?

• Makes a beginning towards giving communities, aware common people and the public a voice in forest
• Make wildlife conservation  
• Grants legal recognition to the rights of traditional forest dwelling communities

Laws regarding Environment Protection

There has been substantive decline in environmental quality due to increaseing of pollution, loss of vesental and biological diversity, excessive concession of harmful chemical in the abident atmosphere and in food change. This changes leads to growing risk of environmental accident and threat to life support system.

Environment protection Act-1986This Act extend to the whole of India. Under this Act environment refers to water, air, land and the inter-relationship between water, air, land and human beings, other living creatures, plants, micro organisms and property.
Section-3The Central Government constitute an authority under its direction and control for the protection of environment. 

Section 4The Central Government appoint officers with such designations as it deems fit, for the purpose of this Act and entrust to them such powers and functions deemed fit. 
Section 5Closure, prohibition and regulation of any Industry, Stoppage or regulation of the supply of electricity or water or any other service & the officer/authority connected shall be found to comply with such directions.

Environmental LaboratoryThe Central Government by notifications in the official gazette have establish environment laboratories in different part of Country. These laboratories are involves, concerning the entrusted activities related to environmental provisions under this Act. 

Environmental awarenessIn cinema halls, T.V, Radio & short term programmes in school and colleges information & messages given to people for protection and maintaining of environment.



Appointment of Climate ManagersTo fight against climate change and control of over pollution Govt. has planned to appoint trained climate managers in villages who create awareness among the people about natural disasters and how to face such crises. 

Other Laws related to Environment 

• Share Nuisance Act-1853
• The Indian Penal Code-1860
• The Oriental Gas Company Act-1887
• Water Prevention & control of pollution Act-1974
• Air prevention & control of pollution Act-1981
• Environment Protection Act-1986
• The Factories Amendment Act-1987
• The Air Prevention & Control of Pollution

Protection of Human Rights Act, 1993

Human Rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India.


Constitution of a National Human Rights Commission
 The Central Government shall constitute a body to be known as the National Human Rights Commission under the Human Rights Act of 1993 to exercise the powers conferred upon and to perform the functions assigned to it under this Act.


The Commission shall consists of 

• A Chairperson who shall been a Chief justice of the Supreme Court
• One member who is, or has been, a judge of the Supreme Court
• One member who is, or has been the Chief Justice of a High Court
• Two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to Human Rights
• The Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Caste and Scheduled Tribes and the National Commission
• There shall be a secretary general who shall be the Chief Executive Officer of the Commission and shall exercise all powers
• The head quarter of the Commission should be in Delhi  

Functions and powers of the commission

• Inquire violence of the Human Rights
• Visit jail or any or any other institution under the control of the state government, where persons are detained or lodged for purpose of treatment or protection to study
• Review the safeguards provided by the Constitution
• Review the factors, including facts of terrorism, that inhibits the enjoyment of human rights
• Study treaties and other International instruments on human rights
• Undertake and promote research in the field of human rights
• Spread human right literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, media, seminars
• Encourage the efforts of non governmental organizations and institutions in the field of human rights

Human Rights Court
For the purpose of providing speedy trial of offences arising out of violation of human rights, the state government with the concurrence of the Chief Justice of the High Court specify to the each district a court of session called as Human Rights Court.

Beggary a "Social Problem"

Beggary is a major problem which is today affecting large population of India. There are large number of beggars in India who are forced in to doing begging because our societies fails in providing any good alternative to them.

For the last few centuries India has suffered acute poverty. From the ancient times, the main cause of poverty was various taxes. poverty, disability and unemployment is the problem of beggary which is a social problem.

The other issue is slightly more serious where large numbers of beggars are in begging for earning easy money. The major issues with this beggary problem are non awareness about this whole business, society’s failure, no humanitarian solutions and failure of government in stopping beggary because of which large number of children deprived from right to education & childhood. Indian government never tried to rectify the faulty system by repealing anti-poverty or beggary laws. In fact, poor women, children and elderly people need help from the government to obtain food and shelter.

Bombay Beggary Prevention Act 1960

An Act to consolidate and Where it is expedient to make uniform and better provision for the prevention of begging in the state of Bombay, for the detention training and employment of beggars and their dependents in certain institutions, for the custody, trial and punishment of beggar offenders and for other purposes to consolidate and the purpose of making uniform and better provision for the prevention of begging in Bombay, Government has amended the law relating to beggers.

Short title
This Act may be called the Bombay Prevention of Begging Act, 1959.

Extention 
It extends to the whole of the Union Territory, Delhi.
It shall come into force on such date as the Chief Commissioner may by notification in the Delhi Gazette, appoint.

DefinitionsIn this Act, 
"begging" means:- 

• Soliciting or receiving alms, in a public place whether or not doing such as signing, dancing, fortune telling, performing or offering any article for sale;
• Entering on any private premises or the purpose of soliciting or receiving alms;
• Exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound injury, deformity of diseases whether of a human being or animal;
• Having no visible means of subsistence and wandering, about or remaining in any public place in such condition or manner, as makes it likely that the person doing so exist soliciting or receiving alms.

But does not include soliciting or receiving money or food or given for a purpose authorises by any law, or authorised in the manner prescribed by the Deputy Commissioner or such other officer as be specified in this behalf by the Chief Commissioner.

The government of Bangladesh is banning beggars. With a law approved in an open vote, the parliament has decided that anyone who asks for charity in public, or displays handicaps or mutilations in order to obtain money, will be punished with three months in prison.

According to United Nations estimates, about 40% of the population as around 150 million live under poverty line and forceable to do begging. As per the latest estimates available for the year 1999-2001, Jammu and Kashmir has the lowest percentage of people living below the poverty line (3.48%) and Orissa has the highest percentage of people living below the poverty line (47.15%).

The Concept of Legal Aid & Social Justice Cell

Legal Aid, in its common sense, conveys the assistance provided by the society to its weaker members in their effort to protect their rights & liberties.

The general meaning of the term "legal Aid" therefore is a legal support, social security, social arrangement, extending and providing special assistance or help to the poorer and weaker members to enable them enforce their legal rights through legal process.

Therefore the provision legal aid is essential for the safe walk of democracies on the track of rule of law & the equal protection of laws. 

Social justice cellThe Social Justice Cell we means the institutions/cells which are working to provide adequate support service & justice to the common people through Legal Aid. There have some provisions of Legal Aids as: 

• The Constitution
• PIL
• The Lok Adalat
• The women cell
• The law colleges
• Legal advice by voluntary org.
• The Gram Panchayat

The Constitution
The Constitution of the republic of India, which came into force on 26th January, 1950, with 395 articles and nine schedules, is one of the most elaborate fundamental law ever adopted. The Preamble to the Constitution pledges to secure to all the citizens of India Justice, social, economic and political, liberty of thought, expression, equality of status, fraternity assuring dignity of the individual. The Constitution aims to ensure equality before law, thereby turning to be the first source of legal aid.

The PIL
The Publi Interest Litigation is intended to promote & vindicate public interest which demands that violations of constitutional or legal rights of large number of people who are poor, ignorant or in a socially or economically disadvantaged position .

The Lok AdalatLok Adalat is a central & state level body which established to promote, guide& supervise the establishment and working of legal aid clinics, bureaus and other law colleges & Universities.It make proposals with a view to reaching legal aid & social justice to the weaker sections of the society .

The Women Cell
The National perspective plan for women had recommended that the planning commission & each ministry/department should have a women’s cell. The women cell should review the plan, schemes and other programmes. Mandatory crime women cell should function in every Police Station & power has given to the DGP to take initiatives for investigation.

The Law Colleges
The Law Colleges turns to the Primary medium of spreading legal literacy. The University & the Board of Control has taken a decision to make legal literacy & legal conciliation as a part of academic teaching for the final year students. The legal aid clinics have also established in the law department of all the Universities in the State.

Legal advice by the V.O
The Voluntary Organizations provide supplement supports to such people who are in problem. Specially the All India Women Associations, The Rotary Clubs, CYSD, We Can, Red Cross, Help Line, Zuban (New Delhi) are working to provide right & justice to the people.

The Gram Panchayat
After the Gram Panchayat Act,1994, the Gram Panchayats are largely engaged & interested in the development work, working to provide justice at doorsteps, for which they get liberal grants from the State/Central Government. But due to illiteracy of panchayat functionaries as regards the provisions of law, they avoiding legal works.