113. Essay Writing Format, structure and Examples. “Environmental Concerns: A bit of history”

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Environmental Concerns: A bit of history

 The Maurya’s period:

During the historical period before Maurya’s regime, there was no precise idea of environmental conservation. Maurya period was perhaps the most glorious chapter in Indian history for environmental protection. The concern for environmental protection in India can be traced back to the period between 321 and 300 B.C.

Kautilya in his Arthashastra exhaustively dealt with the question of environmental protection. He dealt in detail and meticulously the various rules for the protection and up gradation of the environment. Rules made by Kautilya made it mandatory for the rulers to protect the forest and animals. They also prohibited killing or injuring animals and birds. Service penalty was prescribed for the offenders. Arthashastra also prescribed punishments for causing pollution and uncivil sanitation.

In the historic period, most of the temples or shrines were situated in remote places in forests and mountains. This originated from the belief that God has nearness with nature. Therefore, people have not dared to interfere with the surroundings of the temple or shrines. This promoted the conservation of forests and wildlife in many places. Environmental protection existed during the Mauryan period and continued till the end of Gupta Empire in 673 A.D. Other Hindu Kings also prohibited Killing of animals and destruction of forest (Thapar, 1973)

King Ashoka’s state:

King Ashoka expressed his view about the welfare of creatures in his State. He gave orders for plantation by the roadside for the benefit of travellers. He also issued ‘Adnvapatra’ (command of the king) to preserve forests and natural water resources. He prescribed various pecuniary punishments for killings animals that include even ants, squirrels, parrots, pigeon, lizards and rats. (Thakur, 1999)

During the Moghul period, environmental conservation emphasized more on aesthetic parameters. They were great lovers of nature spending their time in the lap of the natural environment. They also made a significant contribution by establishing magnificent gardens, fruit orchards and green parks at different places. To some extent, Akbar’s religion of complete tolerance deals with concern for protection for birds and beasts.

Different regimes had different rules, but they have shown their common concern for the preservation and enrichment of the environment. In the course of time, however, human beings did not distil the obvious logic in various mythological command and this resulted in gradually drifting of concern for nature and environment.

 The British Period:

During the British period, the phenomenon did not appear having earlier concerns. The British and their rule in India showed some destruction of natural resources too. The early British rule in India was totally indifferent to the needs of forest conservation. It was observed that there was a fierce onslaught on Indian forest. This onslaught was due to increasing demands for business and military purposes. Royal Navy, shipbuilding, the supply of teak and sandalwood for exports and trade purpose and some programs such as the development of railway networks (Guha, 1989).

 However, apart from forest enactments. The British government also made an attempt to regulate various kinds of pollution in India that is water, air and wildlife.

Some of the Acts were as under The Shore Nuisance (Bombay & Kolaba) Act of 1853 was one of the earliest laws concerning water pollution. The Oriental Gas Company Act, 1857, to regulate pollution produced by Oriental Gas Company by imposing fines (Rosencranz, 1991). The next most important enactment was The Indian Penal Code, 1860. This Penal Code prescribes punishments in various kinds of pollution like a nuisance, adulteration of food, drink and drugs, water and air pollution. But the penalties prescribed were not sufficient in the present society. The Indian Easement Act, 1882 protected the riparian owner against unreasonable pollution by the upstream user. The Indian Fisheries Act, 1897, penalized the killing of fish by poisoning water by using explosives. The earliest enactments during British rule to control air pollution were the Bengal Smoke Nuisance Act, 1905 and Bombay Smoke Nuisance Act. 1912.

In the field of wildlife protection, the early legislation was limited to specific areas and particular species. In 1873, Madras enacted the first wildlife statute for the protection of wild elephants. The Elephants Preservation Act of 1876 (Central enactment). The Forest Act of 1878 and Wild Birds and Animals Protection Act, 1912 were legislation that introduced regulatory measures on hunting.

The first comprehensive law for the protection of wildlife and its habitat was the Hailey National Park Act of 1936, which established the Hailey National Park in the State of Uttar Pradesh. The British for the proper utilization of land and to consolidate land holding enacted the Consolidation of Holding Act 1920 (Singh, 1991).

 However, the objective of environment policy during this period was different i.e. was not directed at the conservation of nature but it was directed at the exploitation of common resources with a primary objective of earning revenue.

India’s Independence and environment scenario:

Once India became independent from the British rule, during the early years of Indian independence there was no precise environmental policy. The government was making enactments from time to time to protect the environment as per the needs in society. The two early post-independence laws touched water pollution. Later many other Acts were introduced such as The Factories Act 1948 mentions, about the effective arrangements for waste disposal and empowered. State Government to frame rules to implement these directives. River Boards Act of 1956 for the regulation and development of inter-State rivers and river valley, the Government was empowered to prevent water pollution under this Act.

Other important enactments regarding environmental protection were Prevention of Cruelty to Animals Act, 1960 deals with the protection of animals. The Atomic Energy Act. 1962 was passed to regulate nuclear energy and radioactive elements in India. The Insecticides Act 1968 provides regulation regarding the manufacture and distribution of insecticides. There are other statutes that have some bearing on environmental pollution, in most cases, the environmental concern is incidental to the principal object of the law. All the statutes are scattered and piecemeal.

During the period of 1970, the Central Government changed its direction from environmental indifference to environmental concern and made different environmental legislation. This period saw the beginning of environmental policy in India. Developments during this decade gave a new dimension and direction to the policy concern in the field of environmental protection.

The year 1972 marks a distinct event in the history of environmental management in India. It was the year in which a Conference on Human Environment was held at Stockholm at the initiative of the United Nations. India is a Member of this Conference influenced the process of environmental management in the following year (Jain & Jain, 1984).

To implement the decision taken at the United Nations Conference on the Human Environment the Indian Parliament made a tremendous change in the field of environmental management. It was in this decade that environmental protection accorded a Constitutional status by the Forty Second Constitution Amendment Act, by incorporation of Article. I8A and Article 5 1(A) (g).

Parliament enacted nationwide comprehensives laws; they are The Wildlife Protection Act, 1972 and Water (Prevention and Control of Pollution) Act, 1974 in the field of wildlife protection and water pollution.

In the early 1980 nationwide forest conservation and air pollution laws were passed. They are the Forest Conservation Act. 1980 and Air (Prevention and Control of Pollution) Act. 1981 for the conservation of forest and control of air pollution. One of the most important environmental legislation that deals with all aspects of environmental pollution was the Environmental (Protection) Act, 1986. All these comprehensive enactments made by the Parliament tried to protect the environment in one way or the other, to deal with various aspects of environmental protection and established different authorities to regulate and control the pollution. To some extent, they prevented environmental pollution but their efforts are in vain to achieve the objectives. In this matter judiciary also played its key role in protecting and preserving the environment through its judicial pronouncements. This is the way the Indian Parliament became active to make environmental enactments to protect and preserve the environment after the Stockholm conference. We will study more on this aspect in Policy Consideration and Environmental laws section in module VII

India has had a philosophy of environmental policy dating back to the ancient Hindu period. Moral injunctions acted as guidelines for environmental preservation during the ancient period. Religious scriptures have also preached about environmental preservation. Environmental concern is not a new phenomenon in the Indian scenario. It was present in India from time immemorial. It was not practised to the full extent. Now and then people followed this concept by their own moral and ethical deeds. Today the environment has become a subject itself which is multidisciplinary in focus and there is an urgent need to make the younger generation aware of this phenomenon.

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