Comparative study of UK, INDIA & PAKISTAN Environmental Protection Act UK EPA 1990 INDIAN EPA 1986 PAKISTAN 1997

1. Comparative study of UK, INDIA &
PAKISTAN Environmental Protection Act

2. 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
1

3. 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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4. 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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5. 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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6. 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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7. Comparative study of UK, INDIA & PAKISTAN Environmental Protection Act
UK EPA 1990
INDIAN EPA 1986
PAKISTAN EPA 1997
Enforcement Of Law
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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
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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
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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 ZonePachmarhi
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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
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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
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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 (SelfMonitoring 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
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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
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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
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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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12. 
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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 19891992
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
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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

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"Environment"
includes water, air
and land and interrelationship 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
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15. 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.


1.
2.

“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:
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.
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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16. individual, firm,
association, partnership,
society, group, company,
corporation, co-operative
society, Government
Agency, non-governmental
organization, communitybased 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.
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