- 31 Jan
- Rajesh Rangarajan
A Review of Implementation Gaps in the Enforcement of Environmental Regulation in India
Working paper by Rajesh Rangarajan
The Judiciary observes in the opening line of the judgement of the Supreme Court on CRZ pertaining to the Indian Council of Enviro-Legal action vs. Union of India 1996, that if the mere enactment of laws can ensure a clean environment, perhaps India would be pollution-free and opines that despite enactment of several laws the desired result has not been achieved due to their poor implementation. The Legislature highlights, through the recent report of the Parliamentary Committee on Science & Technology and Environment and Forests on ‘Functioning of the Central Pollution Control Board, the various inadequacies in structures and mechanisms of implementation of pollution prevention and control in India. Civil society rhetoric has repeatedly articulated that environmental legislation has been systematically weakened to provide a better climate for development projects to languish by removing legal impediments. Overall, it would be stating the obvious to say that the scenario of implementation of environmental regulation has followed a declining curve. When superimposed on a sine curve of formulation of effective regulation, clear and undesirable gaps in enforcement emerge exemplifying the frustration of environmentalists, researchers and activists working to improve environmental protection.