India has some of the world’s strongest environmental laws on paper. Every citizen has the right to a clean environment, and there are effective legal mechanisms to enforce this right against polluters and negligent authorities.
Constitutional Basis
Article 21 of the Constitution (right to life) has been interpreted by the Supreme Court to include the right to a clean environment. Article 48A directs the state to protect the environment. Article 51A(g) makes it a fundamental duty of citizens to protect the natural environment.
Key Environmental Laws
- Environment (Protection) Act, 1986 – umbrella legislation giving the central government power to take measures to protect the environment
- Water (Prevention and Control of Pollution) Act, 1974 – prevents water pollution
- Air (Prevention and Control of Pollution) Act, 1981 – controls air pollution
- Forest (Conservation) Act, 1980 – protects forests
- Wildlife Protection Act, 1972 – protects wildlife
- Coastal Regulation Zone (CRZ) Notification – protects coastlines
National Green Tribunal (NGT)
The National Green Tribunal Act, 2010 established the NGT — a specialised court for environmental disputes. The NGT has the power to:
- Order closure of polluting industries
- Award compensation to victims of pollution
- Direct clean-up of polluted areas
- Impose fines on polluters
Any person can file an application before the NGT without needing to show they were personally affected. The NGT has zonal benches in Delhi, Bhopal, Pune, Kolkata, and Chennai.
How to File an NGT Application
File an application before the relevant zonal bench. You must describe the environmental violation, the harm caused, and the relief sought. Applications can be filed by individuals, groups, or NGOs. There is a small filing fee.
Public Interest Litigation (PIL)
Environmental PILs before High Courts and the Supreme Court have been some of the most impactful environmental enforcement actions in India — closing polluting factories, cleaning rivers, and protecting green belts. Any public-spirited citizen or advocate can file a PIL.
Pollution Control Boards
Every state has a State Pollution Control Board (SPCB). File complaints about industrial pollution, illegal dumping, and noise pollution with the SPCB. If they fail to act, their inaction can itself be challenged before the NGT.
Compensation for Environmental Damage
Under the principle of “polluter pays,” anyone who has suffered harm due to pollution can claim compensation. File an application before the NGT or a civil suit. Courts have awarded substantial compensation in cases of groundwater contamination, air pollution-linked illness, and soil degradation.