Environmental Regime in India and its Enforcement Constraints: An Analysis​​

Shubhangi Saxena
Jagran Lakecity University, School of Law, Bhopal, India.

Volume IV, Issue I, 2021

Environmental Law provides a regulatory mechanism for the protection of environment and places prominence on resolving the issues arising due to environmental hazards. The Constitution of India has incorporated provisions for the protection of environment and the Indian Judiciary by playing a proactive role has also introduced various principles that are to be mandatorily followed. Also India has been signatory to many international agreements and treaties following which numerous legislation have been enacted in the country. Despite the prevalence of these laws, there have been enforcement constraints and due to which the laws are not implemented in the strictest sense leading to an increase in violation of laws and environmental concerns. Further with increase in the development of India due to rapid industrialization, protection of environment is of prime importance. Hence, it is important to scrutinize the previously framed laws and to rectify the provisions that are being misused by the offenders for their ulterior benefits. This article discusses the need for environmental laws and the current environmental regime prevailing in India. It further deals with the enforcement approach adopted by the authorities and the gap prevailing in the enforcement of these legislations. It then focuses on the environmental challenges faced by the authorities in execution of laws and public participation that can be an asset in the same process. At last, the article includes some recommendations that can be adopted in order to improve the enforcement and regulatory mechanism in the country.        

Keywords: Environment, Enforcement, Implementation, Legislations, Pollution, Pollution Control Boards.

DOI: http://doi.one/10.1732/IJLMH.25864