Sustainability in Fashion: Indian Laws and Regulations

India has an important place in Fashion Industry. There are some talented designers, a large population to consume fashion and manufacturing units supplying clothes all over the world. To achieve the goal of Sustainability in Fashion, India plays a vital role. The Government of India has also started to recognise it and has launched Project SU.RE (Sustainable Resolution) to raise awareness among different brands and find innovative solutions.

Though there is a lack of industry specific laws, but Indian laws, in their letter and spirit, support sustainability. In 2017, the Government of India launched a soil health and management scheme to promote sustainable agriculture, which in turn, promotes farming of organic fibres. 

Let's get a brief idea of Indian laws on Sustainability.

 

Environmental laws 

India is the first country that has integrated environment protection in its constitution. There are no specific environmental laws for textile industry sector. However, there are environmental standards which all industries must comply with, including the textile industry. Consent from Pollution Control Board is must to set up and operate an industrial unit. Violation can lead to criminal sanctions and damages.

List of Act and Rules applicable to Fashion industry is as below:

1) Environment (Protection) Act, 1986: This is the umbrella legislation of all environmental laws to coordinate between Central and State authorities. It restricts location of industries, discharge of pollutants, and aims to protect health of public. It also imposes sanction in term of fine and imprisonment, in case of any non-compliance or contravention.

2) The Water Prevention and Control of Pollution Act, 1974: "Water Act" has been enacted to provide for the prevention and control of water pollution and to maintain or restore wholesomeness of water in the country. It mandates consent of Pollution Control Board to establish and operate industries and prohibits the discharge of pollutants into water bodies beyond a given standard.

3) Air (Prevention and Control of Pollution) Act, 1981: "Air Act" is an act to provide for the prevention, control and abatement of air pollution.

Ambient air quality standards are declared and checked. Establishing or operating any industrial plant in the pollution control area requires consent from Pollution Control Board.

4) Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: These Rules deal with proper storage, handling, disposal and treatment of the hazardous waste to prevent health dangers.

5) Solid Waste Management Rules, 2016: These Rules have been enacted to ensure Scientific disposal of solid waste through segregation, collection and treatment and disposal in an environmentally sound manner.

6) Plastic Waste Management Rules, 2016: These Rules aim to regulate the manufacturing, usage and selling of plastic with an objective to abolish the use of Single-use plastic.

7) E-waste (Management) Rules, 2016: The Rules have been enacted to channelize the E-waste towards authorized dismantlers and recyclers. It also imposes Producer's Responsibility to manage waste, on manufacturers of electronic products. 

8) Wild Life Protection Act, 1972: The Act aims to protect the wild life and to control poaching, smuggling and illegal trade in wildlife and its derivatives. It prohibits import of exotic skins and furs for clothing and accessories. 

Employment and labour laws: 

Adequate payment to workers and humane working conditions are equally a subject matter of sustainable fashion. India has several laws in place to ensure fair treatment of workers.

 Here is the list of all applicable labour laws:

1) The Industrial Disputes Act, 1947: To provide a mechanism of dispute resolution between employees and employer.

2) Trade Unions Act, 1926: To register Trade Unions to represent the rights of Workmen.

3) Minimum Wages Act, 1948: To ensure that minimum wages (revised time to time) are being paid to workmen.

4) Payment of Wages Act, 1936: To ensure timely payment of wages by the method allowed under the Act.

5) Payment of Bonus Act, 1965: To ensure payment of bonus to eligible persons on the basis of profits or on the basis of production.

6) Payment of Gratuity Act, 1972: To enforce payment of "gratuity", a reward for long service, as a statutory retiral benefit, to eligible workmen.

7) Equal Remuneration Act, 1976: To ensure payment of equal remuneration to men and women workers for the same work.

8) Employees Provident Funds and Miscellaneous Provisions Act, 1952: To provide for the institution of provident funds, pension funds, and deposit-linked insurance funds for employees.

9) Employees' State Insurance Act, 1948: To provide certain benefits to employees in case of sickness, maternity and employment injury.

10) Employee's Compensation Act, 1923: To provide financial protection to workmen and their dependents in case of any accidental injury in course of employment and causing either death or disablement.

11) State Labour Welfare Fund Act: To constitute Labour Welfare Fund to promote and carry out various activities conducive to the welfare of labour in the State.

12) Factories Act, 1948: To lay down provisions for the health, safety, welfare and service conditions of workmen working in factories.

13) Industrial Employment (Standing Orders) Act, 1946: To define and publish standing orders with approval, with respect to conditions of employment /service rules and to make them known to the workmen employed by it.

14) State Shops and Commercial Establishments Act: To register an establishment and decide working hours, overtime, leave, privilege leave, notice pay, working conditions for women employees, etc., applicable to all employees irrespective of nature of their work and remuneration.

15) Contract Labour (Regulation & Abolition) Act, 1970: To regulate working conditions of Contract labour.

16) Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979: To regulate working conditions of migrant workers.

17) Maternity Benefit Act, 1961: To provide benefits like maternity leave, wages, bonus to women employees.

18) Sexual Harassment at Workplace (Prohibition, Prevention and Redressal) Act, 2013: To provide protection against sexual harassment to women at workplace and and redressal of complaints.

In addition to this, India also has Intellectual property laws to protect geographical indications and traditional knowledge like handloom products and processes. The legal system in India is not far behind if not at equal to developed nations. But, the poor implementation of these laws bring a drastic difference.