Embracing a green future

Many countries are adopting large-scale tree planting programmes and enacting laws mandating the plantation of trees or plants to tackle environmental issues. To start with, mandating organised colonies, new constructions, organisations, or even citizens of our massive population who are able and can afford such green efforts, to plant trees, subject to the opinion of environmental and other experts, could significantly address environmental issues. Some duties, if made part of the law, can make a difference.

For instance, on May 15, 2019, the Philippine Congress officially passed a bill stating that all students from elementary school, high school, and college must plant a stipulated number of trees. The trees could be planted anywhere: forests, reserves, urban areas, abandoned mining sites, indigenous territories, etc. In 2021, Delhi University made it compulsory for students to plant at least one tree. The students were also required to submit a six-monthly report on the growth and status of the sapling. Authorities also referred to the oxygen shortage in the country during the COVID-19 crisis. A law approved by the French parliament mandates that rooftops on new buildings in commercial zones must be partially covered either by solar panels or plants. In Singapore, a tree planting campaign was launched by the government in 1963, right after its independence, with the objective of making Singapore a green city.

On February 28, 2022, India’s Ministry of Environment, Forest, and Climate Change issued draft Building Construction Environment Management Regulations, 2022, and invited comments. One of the regulations included that at least one tree for every 80 square meters of land needs to be planted within construction sites for both residential and commercial buildings, ensuring 10 percent green cover for every plot.

Indian laws governing forests and tree planting include the Indian Forest Act, 1927. The preamble to the Indian Forest Act, 1927 (16 of 1927), states it is an enactment to consolidate the law relating to forests, the transit of forest produce, and the duty that can be levied on timber and other forest produce. We also have The Forest (Conservation) Act of 1980, which is an act by the Parliament to ensure the conservation of forests and their resources. It was enacted by the Parliament of India to control the ongoing deforestation of the forests of India. Then there is the Environment (Protection) Act of 1986, which is an act to provide for the protection and improvement of the environment and for matters connected therewith. Some of the acts also mention that the decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated, to take appropriate steps for the protection and improvement of the human environment. Thereupon, it was considered necessary to further implement the decisions related to the protection and improvement of the environment and the prevention of hazards to human beings, other living creatures, plants, and property. Furthermore, we have the National Green Tribunal Act, 2010, an act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of cases pertaining to environmental issues. This act serves as the basis for the establishment of the National Green Tribunal (NGT). There are also state laws. For example, permissions for felling trees are given by Tree Officers as per the process laid out in section 9 of the Delhi Preservation of Trees Act, 1994. Importantly, as per Section 10, every person who is granted permission under this act to fell or dispose of any tree is bound to plant such number and kind of trees in the area from which the tree is felled or disposed of by him under such permission as may be directed by the Tree Officer, provided that the Tree Officer may, for reasons to be recorded in writing, permit a lesser number of trees to be planted or trees to be planted in any different area or exempt any person from the obligation to plant or tend any tree. In practice, such compliance with replanting often lags behind.

While India has no dearth of laws for environmental protection, apart from existing provisions, there need to be mandatory provisions for planting greens or having plants in houses, balconies, terraces, workplaces, and various establishments, as per the suggestions of environmental and other experts. Of course, in the case of individuals, provisions should be drafted taking into consideration age, ability, affordability, etc. By emphasising the plantation of greens, we may control negative environmental effects to some extent.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal