The field of environmental law has gained importance in the recent past even though there exists various global measures towards the protection of environment and implementation of environmental law, by way of conventions and declarations. The lack of awareness or the existence of oblivion towards the betterment of environment resulted into its poor condition. Here are some major legal challenges in the field of environmental law:
1. Poor implementation of laws-
The existence of laws alone cannot protect the environment, there needs to be proper implementation to achieve our objectives. The environmental laws base itself on the doctrines, principles and the provisions of the supreme law of the land. However, it has been observed that legislations are, for the most part, unable to provide a wholesome solution to environmental issues. The various cases reflect the inability of the Government, both central and the state to implement the laws to the fullest. They fail to understand the impact of certain activities on the environment and on the other hand, the common public neglect the necessity for a balance in the ecological system. Despite such legislations, the rivers are still choked, the wildlife remains at risk, deforestation continues unabated in several areas, the air is heavily polluted in certain states, adulteration of water bodies continues through untreated industrial effluents and the environment as a whole suffers due to the lack of protection in the true spirit.
2. Constant conflict between development and environment–
The changing times have resulted into rapid growth and development across the globe. However, in this process of modernisation and industrialisation, the environment often ceases to become a priority. More often than not, humans tend to exploit the environment for more resources than can be spared. The Stockholm Declaration of 1972 provided 26 principles which speaks of the duty of mankind to take steps towards sustainable development, however, the constant conflict between development and environment makes it unachievable. The concept of inter-generational equity, which makes it an obligation for the current generation to consume the environmental resources in a way that the future generation can also derive its benefits, has taken a rather inconvenient backseat.
3. Technology and environment-
Science and technology have a great influence and contributions in the making of the modern era. However, the other side of the coin shows its critical impact on the environment. The plethora of industries that have developed in recent times use advanced technologies which generate wastes of various kinds and affects the environment in numerous ways, some of which are irreplaceable. With every new innovation, comes a new threat to the environment, be it in the form of sludge, toxic air emissions, trade or domestic effluents.
4. Difficulty on ascertainment of polluter–
The underlying principles such as the precautionary principle and the polluter pays principle makes the developer or the industrialists responsible for their activities that lead to the pollution of environment and on the basis of these principles, they are made to take precautionary measures in the preliminary stage as well as during the activity is ongoing or compensate by way of paying for the restoration of the damage caused. It has also been observed that the pollution may not be an immediate effect, but instead the result of a chain of activities. Due to this reason, the courts have found it increasingly difficult to identify the person or persons actually responsible for the damage and are punishable.
5. Difficulty in ascertainment of risk and environment impact–
The identification of the activities to be carried out by the developers/industrialists must be of such nature so as to prevent irreversible damage to the nature. This ascertainment can only happen through proper data collection, research and analysis. Upon the recognition of a possible risk of damage, proper precautionary measures must be taken even if there lies an uncertainty whether the risk is real or not. However, the lack of concrete provisions prevents the government from ascertaining the risks involved in a particular activity before the industry for the same is established. Such failure in actions further promote the derogation of environment as the delay in identification of risk makes certain problems impossible or costly to be solved. It is also a common phenomenon for certain companies that carry out inherently hazardous activities to keep silent and deliberately avoid the disclosure of such happening which keeps the government and the public completely unaware of the hazards and the possible dangerous affects to the environment and life and limb of humans.
6. Lack of awareness and sensitisation regarding environment and environmental laws-
The entire scope of environmental studies and laws revolve around the maximum awareness and sensitisation of the common public about their surrounding environment, its protection and prevention of pollution. There lies a huge lag in the measures taken for the process of such awareness and sensitisation. This makes the common people unaware of the rights and duties towards the environment and the government alone cannot succeed in protecting the environment single-handedly. It is always the duty of the government as well as that of the common people to be alert about the possible damages that can be caused to the environment through their actions. The lack of awareness and sensitisation leads to a greater threat to the environment.
The challenges that are faced by the field of environmental law are even further fuelled by the substantial expenses that are incurred in restorative actions. Behind every step the expenses are incurred by way of compensation to the injured or aggrieved, payment for restoration of damages, alternatives for the non-renewable resources, environment friendly measures, treatment plants, the lengthy process of litigation etc. The costs involved act as a deterrence in decision making and implementation of schemes with the view to attack and prevent the derogation of environment and its causes. The requirement for proper data, analysis, research, laboratory tests, reports and recommendations based on such examinations are some of the areas in the field of environmental law which need immediate attention. For the government as well as non-state actors to detect the environmental risks and to promote public compliance, evolving measures, watertight accountability and stringent implementation remains the need of the hour.
YLCC would like to thank Mouboni Banerjee for her valuable inputs in this article.
