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Comparative study of UK, INDIA &
PAKISTAN Environmental Protection Act
1
Contents
Comparative Analysis of UK & Indian environmental policy .............................................................. 2
Comparative law method (UK & India) ............................................................................................... 2
Socio-legal method (UK & India) ......................................................................................................... 2
Context ................................................................................................................................................ 3
India .................................................................................................................................................... 3
UK ........................................................................................................................................................ 4
Reference: ......................................................................................................................................... 15
2
Comparative study of UK, INDIA & PAKISTAN
Environmental Protection Act
Comparative Analysis of UK & Indian environmental policy Einstein once remarked, 'the environment is everything that isn't me'. In this sense, the environment
may mean virtually everything in the surrounding. However, for the purpose of this study a limited
definition of the environment as contained in the statutes will be adopted. Section 1 of the UK
Environmental Protection Act 1990 defines the environment as consisting of “all, or any, of the
following media, namely, the air, water and land; and the medium of air includes the air within
buildings and the air within other natural or manmade structures above or below ground”. This
definition is closer to the scope of this study than section 2 of the Indian Environment (Protection)
Act 1986 which states that 4 environment includes “water, air and land and the inter-relationship
which exists among and between water, air and land, and human beings, other living creatures,
plants, microorganisms and property”.
International law has influenced and shaped the environmental law in India and the UK, particularly
after the Stockholm Conference 1972.
Comparative law method (UK & India) It is often quoted that Aristotle collected more than 150 city state constitutions in the 4th century BC
for devising a model constitution for Greece. Therefore, the method of comparative law for
understanding and improving law dates back to the ancient times. Zweigert and Kotz (1987) have
defined the subject of comparative law as ' an intellectual activity with law as its object and
comparison as its process'. 9 Most comparative law books have assumed three main legal families in
the world namely civil law, common law and socialist legal order. However, with the collapse of the
erstwhile Soviet Union only two parent legal families remain, that is civil law and common law. Civil
law countries, such as France and Germany, have been influenced by the Roman tradition of law
making while India and the USA have made their law following the common law tradition of England.
Socio-legal method (UK & India) Sociology of law aims to discover the causal relationships between law and society. It seeks to
discover patterns from which one can infer whether and under what circumstances law affects
human behavior and conversely how law is affected by social change. 25 Therefore there is a great
deal of similarity and overlap between the sociology of law and comparative law. However, the field
of socio-legal study is much wider because here, through field observations and empirical
observations, functioning of law and institutions are studied while comparative law confines to a
study of rules of two systems in relation to each other. In this method a range of data collected from
field is used to determine the efficacy of a law. This method is important in the context of India and
the UK as both employ a wide variety of regulatory instruments to protect the environment. With
the help of data about violations of law, prosecutions and informal methods used by a department it
is possible to use this method to show how effective the law has actually been on the ground. Thus
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the prime mover in a socio-legal method is the interest to see the worth of a law in actual operation
than for the sake of law alone. This approach will be useful in studying enforcement patterns of the
environmental laws in India and the UK.
Context
To recommend that one country emulate or catch up with another's success simply by
copying or transferring a programme wholesale is naive, because it ignores the way in which
national context influences how a programme can operate, and whether it may be effective.
26 This was in fact the caution given by Kahn-Freund (1974) on possible misuses of
comparative law. It is, therefore, of interest briefly to state some background information
about India and the UK.
India
The people of India have had a continuous civilization since 2500 BC, when the inhabitants
of the Indus Valley thrived on urban culture based on commerce and agriculture. India
witnessed many kingdoms in the entire span of her history. She faced many invasions from
Turks, Afghans and others. In 16th century AD Moghul dynasty was established. The
establishment of the East India Company in 1600 preceded British rule in India. The Republic
of India has an area of 3.3 million sq. km with a population of more than 1 billion as in
March 2001. Total literacy rate was 65.38% during 2001. Terrain varies from Himalayas to
flat river valleys and climate ranges from temperate to sub-tropical monsoon.
India shares international borders with China, Pakistan, Myanmar, and Bhutan. In addition
to Hindi and English there are 16 other official languages. India achieved independence from
Britain on 15 August 1947 and the constitution came into being on 26 January 1950. The
type of the government is a federal republic. India has 29 states and 7 directly administered
union territories. The President is the head of the republic while the Prime Minister is the
head of the government. India's Parliament is bicameral. Chief Ministers head state
governments.
Gross Domestic Product (GDP) is $ 390 billion and the real growth rate (1998-99) is 6.8%.
Per capita GDP is $420. India has vast natural resources. India's economic growth is
constrained by inadequate infrastructure and cumbersome bureaucratic procedures.
Despite this, India, following economic reforms started in 1991, has emerged as an
important economic and industrial power in world. According to its constitution, India is a
'sovereign, socialist, secular, democratic republic'. The Indian constitution guarantees
fundamental rights of life and liberty to the people of India. The Indian Supreme Court has
interpreted right to life under Article 21 to include a right to a wholesome environment. The
Supreme Court has also entertained many public interest cases on the environment and has
earned comments from jurists of indulging in
judicial activism. Some have even criticised this approach of the Supreme Court. But in India
polarisation in terms of wealth, power and position is very sharp which has produced
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judicial activism by the Indian courts. This is not the case in the UK where judicial activism
has not developed, as the society is not highly polarised giving less chance to the judges to
become activist. India has a federal form of government but its central government is
patterned after the British parliamentary system. India's bicameral 15 legislature consists of
the Rajya Sabha (Council of States) having strength of 245 and the Lok Sabha (House of the
People) having strength of 545. India's independent judicial system began under the British,
and its concepts and procedures resemble those of common law countries.
Prime Minister Atal Behari Vajpayee took office in October 1999 after a general election in
which a Bhartiya Janata Party (BJP) led coalition of 13 parties called the National Democratic
Alliance emerged with an absolute majority. India's achievement as the world's biggest
democracy bears ample testimony to the democratic traditions of people and leaders of
India. India remains leader of the Non-Aligned Movement (NAM) and is an active member of
the South Asia Association for Regional Cooperation (SAARC). The British enacted most of
the Indian law presently in force. The Indian constitution was deeply influenced by the
common law of England. The Indian judiciary is independent and follows British judiciary in
manners of style and approach. In fact Indian Supreme Court judges quote frequently from
British law and judgments. The Ministry of Environment and Forest of the Government of
India is responsible for evolving policies relating to protection of the environment and
forest. States Forest Departments are charged with the responsibility of forest management
while States Pollution Control Boards, autonomous bodies under state governments, are
responsible for enforcing various environmental laws of air, water etc. The Central Pollution
Control Board, an autonomous body under the Ministry of Environment and Forest, helps
State Pollution Control Boards and advises the Government of India on environmental
matters.
UK
The United Kingdom of Great Britain and Northern Ireland has an area of 244,820 sq. km.
GDP (Nominal GDP, 2000) is $1.44 trillion, annual growth rate is 3.0% and per capita GDP
(1999) is $24,300. The population is over 59 million, the third largest in Europe and the 18 th
largest in the world. The form of the government is a constitutional monarchy. Parliament is
bicameral comprising House of Commons and House of Lords. After the devolution in 1988,
Scotland has a Parliament. Wales and Ireland have Assemblies. The constitution is unwritten
comprising partly statutes, partly common law and practice. The common law of England is
the greatest export to the nations of the world. The UK's constitution and laws guarantee
freedoms on the people relating to life and liberty which include rights to human dignity,
equality and personal integrity and human rights etc. Three important milestones in the
British constitutional history namely Magna Carta, the Bill of Rights and the Human Rights
Act 1998 are of profound importance. Changes may come formally through Acts of
Parliament, acceptance of new practices and usages or by judicial precedent. But in actual
practice the weight of 700 years of tradition restrains arbitrary actions. The judiciary is
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independent of the legislative and executive branches but cannot review the
constitutionality of legislation. The European Convention on Human Rights and
Fundamental Freedoms (ECHR) was created under the auspices of the Council of Europe.
The body of the Convention outlines the main traditional political and civil rights: right to
life, freedom from torture and inhuman or degrading treatment, freedom from slavery,
freedom of the person and right to privacy etc. All these rights are to be secured without
discrimination on grounds of sex, 17 race etc. The European Court of Human Rights has
interpreted some civil and political rights to protect against environmental harms. The UK
has been a party to the ECHR since it entered into force in 1953. The Convention, therefore,
is an important constitutional dimension in respect of the UK as far as an express provision
relating to human rights is concerned. The UK accepted the compulsory jurisdiction of the
European Court of Human Rights, which meant an individual, may petition to this institution
in the event of the breach of a Convention right. The Human Rights Act 1998 (HRA)
incorporates most Convention rights into the laws of the UK. Section 3 of the HRA places the
following duty on all courts and tribunals in all types of legal proceedings:
" So far as it is possible to do so, primary legislation and subordinate legislation must be
read and given effect in a way which is compatible with the Convention right."
If the High Court finds that, it is impossible to ' read and give effect' to an Act of Parliament
or statutory instrument so that it is compatible with the ECHR, it may make a formal
'declaration of incompatibility' under section 4 of the HRA 1998. "Section 10 of the HRA
1998 empowers a government minister to introduce a statutory instrument to amend or
repeal the provision, which a British Court has OT declared to be incompatible with the
ECHR."
Thus, the HRA 1998 and the ECHR would have greater roles in influencing environmental
laws in modern times as the environment and the human rights have been found to have
definite connections.
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Comparative study of UK, INDIA & PAKISTAN Environmental Protection Act
UK EPA 1990 INDIAN EPA 1986 PAKISTAN EPA 1997
Enforcement Of Law
This law enforces to the England and Wales & to the Scotland.
It extends to the whole of India. It extends to the whole of Pakistan.
Legislations
Alkali Act 1863
Alkali Act 1874
Alkali Act 1906
Ancient Monument and Archaeological Areas Act 1979
Civil Procedure Act 1997
Clean Air Act 1956
Clean Air Act 1993
Common Law Procedure Act 1854
Control of Pollution Act 1974 (CoPA)
Control of Pollution (Amendment) Act 1989
Countryside Act 1968
Criminal Justice Act 1982
Criminal Justice Act 1991
Deposit of Poisonous Wastes Act 1972
Dumping at Sea Act 1974
Endangered Species (Import and Export) Act 1976
Environment Act 1995 (EA)
Environmental Protection Act 1990 (EPA 1990)
European
Air (Prevention and Control of Pollution) Act 1981
Air (Prevention and Control of Pollution) Rules 1982
Atomic Energy Act 1962
Batteries (Management and Handling) Rules 2000 (Draft)
Bengal Smoke Nuisance Act 1905
Biodiversity Bill 2000
Bio-Medical Waste (Management and Handling) Rules 1998
Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996
Coastal Regulation Zone Notification 1991
Code of Civil Procedure (Amendment) Act 1999
Code of Civil Procedure 1908
Code of Criminal Procedure 1973
Constitution of India
Eco-Sensitive Zone-Pachmarhi
Environmental Impact
Assessment 1997
Hazardous waste 1997
Hazardous Substances
1997
Environmental
Protection Order 1997
Control of Emission 1997
Offences and Penalties
1997
International Treaties,
Conventions and
Agreements
International provincial
matters and
Coordination 1997
National Planning
Surveys and Research
1997
Foreign Loans and
Foreign Aid
Taxation
Copyright, Inventions,
Trademarks
Shipping
Oil and Gas Mining
Nuclear Energy, Nuclear
Waste
National Environmental
Quality Standards
(Certification of
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Communities Act 1972
Finance Act 1996
Forestry Act 1967
Freshwater and Salmon (Scotland) Act 1976
Housing Act 1890
Housing Act 1985
Housing Act 1988
Housing and Planning Act 1986
Housing, Town Planning etc Act 1909
Human Rights Act 1998
Merchant Shipping (Oil Pollution) Act 1971
Merchant Shipping (Oil Pollution) Act 1974
National Parks and Access to the Countryside Act 1949 (NPACA)
Nature Conservancy Council Act 1973
Noise Act 1996
Noise and Statutory Nuisance Act 1993
Nuclear Industries Act 1965
Occupier's Liability Act 1957
Planning (Hazardous Substances) Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
Police and Criminal Evidence Act 1984
Pollution Prevention Control Act 1999
Prevention of Oil
Notification 1998
Environment (Protection) (Second Amendment) Rules 1999
Environment (Protection) Act 1986
Environment (Protection) Rules 1986
Environment (Siting for Industrial Projects) Rules 1999 (Draft)
Factories Act 1948
Forest (Conservation) Act 1980
Forest (Conservation) Rules 1981
Hazardous Wastes (Management and Handling) Rules 1989
Indian Easement Act 1882
Indian Evidence Act 1872
Indian Fisheries Act 1897
Indian Forest Act 1878
Indian Forest Act 1927
Indian Legislation
Indian Penal Code 1860
Insecticides Act 1968
Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules 2000
(Draft)
Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
Environmental
Laboratories)
Regulations, 2000
Environmental Tribunal
Rules, 1999 (Amended
2000)
PEPA (Review of IEE and
EIA) Regulations, 2000
Provincial Sustainable
Development Fund
Board (Procedure) Rules,
2001
Environmental Samples
Rules, 2001
National Environmental
Quality Standards (Self-
Monitoring and
Reporting by Industry)
Rules, 2001
Pollution Charge for
Industry (Calculation and
Collection) Rules, 2001
Provincial Sustainable
Development Fund
(Utilization) Rules, 2003.
Pakistan Biosafety Rules,
2005.
Hospital Waste
Management Rules,
2005.
National Disaster
Management Division;
2011
Planning and
Development Division
National Heritage and
Integration Division
Ministry of Water and
Power
Ministry of Foreign
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Pollution Act 1971
IV
Protection of Birds Act 1954
Protection of Seals Act 1970
Public Health Act 1845
Public Health Act 1848
Public Health Act 1855
Public Health Act 1860
Public Health Act 1875
Public Health Act 1936
Public Health Act 1961
Public Health Act 1963
Public Health (Control of Diseases) Act 1984
Radioactive Substances Act 1993
Rivers Pollution Prevention Act 1876
Rivers (Prevention of Pollution) Act 1951
Salmon Act 1986
Salmon and Freshwater Fisheries Act 1975
Statutory Water Companies Act 1991
Supreme Court Act 1981
Town and Country Planning Act 1932
Town and Country Planning Act 1947
Town and Country Planning Act 1968
Town and Country
Mines and Minerals (Regulation and Development) Act 1957
Municipal Solid Waste (Management and Handling) Rules 2000
Municipal Waste (Management and Handling) Rules 2000
National Environment Appellate Authority Act 1997
National Environment Tribunal Act 1995
Noise Pollution (Regulation and Control) Rules 2000
Ozone Depleting Substances (Regulation) Rules 2000
Prevention and Control of Pollution (Uniform Consent Procedure) Rules 1999 (Draft)
Public Liability Insurance Act 1991
Public Liability Insurance Rules 1991
Re-cycled Plastics Manufacture and Usage Rules 1999
River Boards Act 1956
Shore Nuisance (Bombay and Kolaba) Act 1853
2-T (Regulation of Supply and Distribution) Order 1998
Water (Prevention and Control of Pollution) (Procedure
Affairs
Ministry of Ports
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Planning Act 1971
Town and Country Planning Act 1990 (TCPA)
Water Act 1945
Water Act 1973
Water Act 1989
Water Industry Act 1991 (WIA 1991)
Water Resources Act 1963
Water Resources Act 1991 (WRA 1991)
Wildlife and Countryside Act 1981 (WCA)
STATUTORY INSTRUMENTS
Civil Procedure Rules 1998 (CPR), SI 1998/3132
Clean Air (Emission of Dark Smoke) Regulations 1969
Clean Air (Height of Chimneys) Exemption Regulations 1969, SI 1969/411
Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971. SI
1971/161
Conservation (Natural Habitats etc) Regulations 1994
Control of Pollution (Applications, Appeals and Registers) Regulations 1996, SI
1996/2971 (CPR)
Controlled Waste Regulations 1992, SI 1992/588
for Transaction of Business)
Rules 1975
Water (Prevention and Control of Pollution) Act 1974
Water (Prevention and Control of Pollution) Cess Act 1977
Water (Prevention and Control of Pollution) Cess Rules 1978
Water (Prevention and Control of Pollution) Rules 1975
10
Environment Act 1995 (Commencement) Order 1995, SI 1995/1983
Environmental Assessment (Forestry) Regulations 1998
Environmental Information Regulation 1992
Environmental Licences (Suspension and Revocation) Regulations 1996
Environmental Protection (Applications, Appeals and Registers) Regulations 1991, SI
1991/507
Environmental Protection (Applications, Appeals and Registers) Regulations 1991, SI
1991/667
Environmental Protection (Duty of Care) Regulations 1991, SI 1991/2839
Environmental Protection (prescribed Processes and Substances) Regulations 1991,
SI 1991/472
Environmental Protection Regulations SI 1994/1271
Forestry (Felling of Trees) Regulations
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1979
Integrated Pollution Prevention Control (IPPC) Regulations (Draft)
Merchant Shipping (Prevention of Oil Pollution) Regulations 1996
Planning (Hazardous Substances) Regulations 1992, SI 1992/656
Planning (Listed Buildings and Conservation Areas) Regulations 1990, SI 1990/1519
Rules of the Air Regulations 1991
Smoke Control Areas (Authorised Fuels) Regulations 1991, SI 1991/1282
Statutory Nuisance (Appeals) Regulations 1995
Town and Country Planning (Assessment of Environmental Effects) (El A)
Regulations 1988, SI 1988/1199
Town and Country Planning (Development Plans) Direction 1991, SI 1991/2794
Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992
Town and Country Planning (Environmental
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Impact Assessment) (England and
Wales) Regulations 1999, SI 1999/293
Town and Country Planning (General Development Procedure) Order 1995
Town and Country Planning (Trees) Regulations 1999
Trade Effluents (Prescribed Processes and Substances) Regulations 1989-1992
Transfrontier Shipment of Waste Regulations 1994, SI 1994/1137
Urban Waste Water Treatment (England and Wales) Regulations 1994, SI 1994/2841
Waste Management Licensing Regulations 1994, SI 1994/1056
Water Supply (Water Quality) Regulations 1989, SI 1989/1147
PLANNING POLICY GUIDANCE NOTES (PPGs)
PPG 1 General Policy and Principles
PPG 2 Green Belt
PPG 3 Housing
PPG 4 Industrial and Commercial Development
PPG 7 Countryside
PPG 9 Nature Conservation
PPG 12 Development
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Plans
PPG 13 Transport
PPG 15 Planning and the Historic Environment
PPG 16 Archaeology and Planning
PPG 23 Planning and Pollution Control
PPG 24 Noise
Definitions
The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.
“Pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.
“Harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or
"Environment" includes water, air and land and inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism 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.
Or "Environmental pollution" means the presence in the environment of any environmental pollutant.
"Hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to
“Environment” means– 1. Air, water and land. 2. All layers of the
atmosphere. 3. All organic and
inorganic matter and living organisms.
4. The ecosystem and ecological relationships.
5. Buildings, structures, roads, facilities and works.
6. All social and economic conditions affecting community life.
7. The inter-relationships between any of the factors in sub-clauses (a) to (f).
8. “Environmental impact assessment” means an environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and compensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of
14
harm to his property; and “harmless” has a corresponding meaning.
cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.
"Occupier", in relation to any factory or premises, 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.
recommendations and such other components as may be prescribed.
“pollution” means the
contamination of air, land or water by the discharge or emission of effluents or wastes or air pollutants or noise or other matter which either directly or indirectly or in combination with other discharges or substances alters unfavourably the chemical, physical, biological, radiational, thermal or radiological or aesthetic properties of the air, land or water or which may, or is likely to make the air, land or water unclean, noxious or impure or injurious, disagreeable or detrimental to the health, safety, welfare or property of persons or harmful to biodiversity.
“Hazardous substance” means:
1. Aa substance or mixture of substances, other than a pesticide as defined in the Agricultural Pesticides Ordinance, 1971 (II of 1971), which, by reason of its chemical activity or toxic, explosive, flammable, corrosive, radioactive or other characteristics causes, or is likely to cause, directly or in combination with other matters, an adverse environmental effect.
2. Any substance which may be prescribed as a hazardous substance.
“person” means any natural person or legal entity and includes an
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individual, firm, association, partnership, society, group, company, corporation, co-operative society, Government Agency, non-governmental organization, community-based organization, village organization, local council or local authority and, in the case of a vessel, the master or other person having for the time being the charge or control of the vessel.
Reference:
legislation.gov.uk. (n.d.). Retrieved from A The National Archives:
http://www.legislation.gov.uk/contactus
Pastakia, F. (2012, april). Environmental Protection & The Eighteenth Amendment.
National Impact Assessment Programme, 7-113.
SINHA, G. N. (2003, August). The University of Birmingham School of Law.
THE ENVIRONMENT (PROTECTION) ACT, 1986 No. 29 OF 1986
THE PUNJAB ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997)
Strengthening Environmental Legislations in India, document by Centre for
Environmental Law, WWF.