V{tÑàxÜ@F Environmental Protection
in India: A Regulatory Framework.
CHAPTER 3
ENVIRONMENTAL PROTECTION IN INDIA: A REGULATORY FRAMEWORK
The environmental problems in India are growing rapidly. The
increasing economic development and a rapidly growing population that has
taken the country from 300 million people in 1947 to more than one billion
people today is putting a strain on the environment, infrastructure, and the
country’s natural resources. Industrial pollution, soil erosion, deforestation,
rapid industrialization, urbanization, and land degradation are all worsening
problems. Overexploitation of the country's resources of land or water and
the industrialization process has resulted environmental degradation of
resources. Environmental pollution is one of the most serious problems
facing humanity and other life forms on our planet today.
According to the study of http://www.gits4u.com, India's per capita
carbon dioxide emissions were roughly 3,000 pounds (1,360 kilograms) in
2007. That's small compared to China and the U.S., with 10,500 pounds (4,763
kilograms) and 42,500 pounds (19,278 kilograms) respectively that year. The
study found that the European Union and Russia also have more emissions
than India. India has been ranked as seventh most environmentally
hazardous country in the world by a new ranking released recently. The
study is based on evaluation of “absolute” environment impact of 179
countries, whose data was available and has been done by researchers in
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Harvard, Princeton, Adelaide University and University of Singapore 0n
January 12, 2011.
Brazil was found to be worst on environmental indicators whereas
Singapore was the best. United States was rated second worst and China was
ranked third. Simultaneously industrial activities are responsible for
environmental pollution and degradation. Earlier environment pollution
totally ignored by the corporate. And no regulatory measures were in vogue.
When environmental pollution water, air, noise, and soil became so grim that
human life along with other faunal and floral life came to stake,
environmental consciousness emerged. Various legislations were enacted of
international national and regional levels all over the globe. It is the
developing (third world) countries that are more sufferers while the major
culprits for environmental pollution have been so called developed countries.
Mahatma Gandhi has aptly said that nature has given everything for
man’s need but not for his greed. The unstained use of natural resources has
created a chaos like situation before human survival on this earth. Global
warming, acid rain, climate change, ozone layer depletion, floods, cyclones,
drought, radiation, contamination of groundwater, air pollution, coastal water
pollution etc. are a long list of natural disasters which all life on the earth is
facing.
In the present investigation my objective is to assess to the
Environmental Accounting and Reporting in Public and private sector Indian
companies since liberalization, it is pertinent to have an overview of
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environment and Regulatory framework for its protection and conservation in
special reference to India.
Environment
In common parlance by environment we mean the surroundings of an
object. The rapid growing population and economic development are leading
to the environmental degradation in India because of the uncontrolled growth
of urbanization and industrialization, expansion and massive intensification
of agriculture, and the destruction of forests.
In simple terms, ‘Our Environment’ is our surrounding. This includes
living and nonliving things around us. The non-living components of
environment are land, water and air. The living components are germs,
plants, animals and people.
All plants and animals adjust to the environment in which they are
born and live. A change in any component of the environment may cause
discomfort and affect normal life. Any unfavorable change or degeneration in
the environment is known as ‘Environmental Pollution. We need to protect
our environment to live happily.2
Obviously, the “Environment” comprises all entities, living and non-
living, natural or manmade, external to oneself, and their interrelationships,
which provide value, now or perhaps in the future, to humankind.
Environmental concerns relate to their degradation through actions of
humans.
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Implications of Environment Pollution
Pollution has been found to be present widely in the environment.
There are a number of effects of this:
i. Biomagnifications describes situations where toxins (such as heavy
metals) may pass through trophic levels, becoming exponentially more
concentrated in the process.
ii. Carbon dioxide emissions cause ocean acidification, the ongoing
decrease in the pH of the Earth’s oceans as CO2 becomes dissolved.
iii. The emission of greenhouse gases leads to global warming which
affects ecosystems in many ways.
iv. Invasive species can out compete native species and reduce
biodiversity. Invasive plants can contribute debris and bimolecular
(allelopathy) that can alter soil and chemical compositions of an
environment, often reducing native species competitiveness.
v. Nitrogen oxides are removed from the air by rain and fertilize land
which can change the species composition of ecosystems.
vi. Smog and haze can reduce the amount of sunlight received by plants to
carry out photosynthesis and leads to the production of tropospheric
ozone which damages plants.
vii. Soil can become infertile and unsuitable for plants. This will affect
other organisms in the food web.
viii. Sulphur dioxide and nitrogen oxides can cause acid rain which lowers
the pH value of soil.
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We the human species and all our activities are also an integral part of
the dynamic environment. Our biological survival is totally dependent upon
the stability of our surroundings which is nothing but a complex set of
processes in dynamic equilibrium. Hence automatically all our developmental
activities if they are to be beneficial and sustainable must be anchored on the
environmental and ecological precepts. On the other hand, if our
interventions are destabilizing and disturbing the dynamic equilibrium, we as
a species will fail and will vanish.
Currently our developmental activities are becoming more and more
environmentally disruptive. With each step in our current development we
are creating a more and more fragile top-heavy system sensitive to all shocks
including those triggered by us. Simultaneously we are also irreparably
undermining our ecological foundations, i.e., the processes that sustain the
primary productivity through green plants which is at the base of our
biological energy source. It is the stability of the environmental processes that
has been sustaining the availability of food, water and a healthy environment
we have been accustomed to so far.
Major environmental issues are Forest and Agricultural land
degradation, Resource depletion (water, mineral, forest, sand, rocks etc.,),
Environmental degradation, Public Health, Loss of Biodiversity, Loss of
resilience in ecosystems, Livelihood Security for the Poor.3
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It is estimated that the country’s population will increase to about
1.26 billion by the year 2016. The projected population indicates that India
will be the first most populous country in the world and China will be
ranking second in the year 2050.4
India having 18% of the world’s population on 2.4% of world’s total
area has greatly increased the pressure on its natural resources. Water
shortages, soil exhaustion and erosion, deforestation, air and water pollution
afflicts many areas. India’s water supply and sanitation issues are related to
many environmental issues. Environmental degradation seriously threatens
economic and social progress even at the global level. Increasing craze for
mega cities and high tower buildings without considering the width of the
roads and parking areas have been causing further congestion and damages
to the environment thereby degrading the environment much faster than
economic growth. Environment and economic growth are complimentary for
developing countries and competitive for developed countries. Hence
environmental protection has become a continuous crisis of the nation. The
complex growth of environmental pressures due to the rapid population
growth, mush rooming growth of industrialization and the unprecedented
rate of urbanization insists upon the urgent need to pursue economic
development at any cost. As sustainable development is the need of the hour,
which is possible only by promoting awareness about the need to protect
environment the Government has taken several initiatives.
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The burning issues:
A variety of environmental problems now affect our entire world. As
globalization continues and the earth’s natural processes transform local
problems into international issues, few societies are being left untouched by
major environmental problems. Some of the largest problems now affecting
the world are Acid Rain, Air Pollution, Global Warming, Hazardous Waste,
Ozone Depletion, Smog, Water Pollution, Overpopulation, and Destruction.
The term acid rain refers to what scientists call acid deposition. It is caused by
airborne acidic pollutants and has highly destructive results. Scientists first
discovered acid rain in 1852, when the English chemist Robert Agnus
invented the term. From then until now, acid rain has been an issue of intense
debate among scientists and policy makers. Acid rain, one of the most
important environmental problems of all, cannot be seen. The invisible gases
that cause acid rain usually come from automobiles or coal-burning power
plants. Acid rain moves easily, affecting locations far beyond those that let out
the pollution.
As a result, this global pollution issue causes great debates between
countries that fight over polluting each other’s environments. For years,
science studied the true causes of acid rain. Some scientists concluded that
human production was primarily responsible, while others cited natural
causes as well. Recently, more intensive research has been done so that
countries have the information they need to prevent acid rain and its
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dangerous effects. The levels of acid rain vary from region to region. In Third
World nations without pollution restrictions, acid rain tends to be very high.
In Eastern Europe, China, and the Russia, acid rain levels have also risen
greatly. However, because acid rain can move about so easily, the problem is
definitely a global one.
Global worming: Global warming, also known as the greenhouse
effect, immediately received international attention. Scientists,
environmentalists, and governments around the world took an interest
in the subject. Global warming is called the greenhouse effect because
the gases that are gathering above the earth make the planet
comparable to a greenhouse. By trapping heat near the surface of the
earth, the greenhouse effect is warming the planet and threatening the
environment. Many scientists criticized Mr. Hansen’s report, and the
debate over global warming continues today. Current fears stem
largely from the fact that global warming is occurring at such a rapid
pace. Models are predicting that over the next century, the global
temperature will rise by several degrees. Some scientists still do not
think that the effects of global warming are as severe as some people
say. They think that droughts, hurricanes, and floods often blamed on
global warming might actually have other causes.
Hazardous waste: One major difficulty in studying global warming is
the fact that weather data only exists for the last century and a half. As
a result, understanding the present and predicting the future are very
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difficult. In addition to releasing gases and particles into the
atmosphere, humans produce waste that is dumped on the
environment. Often, this waste is hazardous and dangerous to both
nature and human life. The levels of dangerous wastes continue to
grow. Industries and individuals continue to be largely unaware of
this major environmental problem. As a result, many people and
industries are failing to prevent the creation of hazardous waste or to
limit the negative effects it produces. Individuals often throw out
goods without realizing that they are headed for a landfill and could be
dangerous for the environment. No matter where people put these
hazardous waste materials, there is always a chance that they could
find their way into the ground, and eventually into our bodies.
Corporations usually want to avoid the costs associated with having to
limit creation of hazardous waste. Consequently, they build landfills
on site and fill them with waste, or sometimes pay to have their waste
removed. Often, hazardous materials are transported to areas that
accept money to take the waste. It may prove very difficult to reduce
hazardous waste in the future. Unlike many other environmental
problems, waste creation is something people do not often think about.
In the future, people may have to reduce not only their generation of
hazardous waste, but also their consumption of many products that
end up in landfills.
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Ozone Depletion: The ozone layer protects the Earth from the
ultraviolet rays sent down by the sun. If the ozone layer is depleted by
human action, the effects on the planet could be catastrophic. Ozone is
present in the stratosphere. The stratosphere reaches 30 miles above
the Earth, and at the very top it contains ozone. The sun rays are
absorbed by the ozone in the stratosphere and thus do not reach the
Earth. Ozone is a bluish gas that is formed by three atoms of oxygen.
The form of oxygen that humans breathe in consists of two oxygen
atoms, O2. When found on the surface of the planet, ozone is
considered a dangerous pollutant and is one substance responsible for
producing the greenhouse effect. The highest regions of the
stratosphere contain about 90% of all ozone. In recent years, the ozone
layer has been the subject of much discussion and rightly so, because
the ozone layer protects both plant and animal life on the planet. The
fact that the ozone layer was being depleted was discovered in the
mid-1980s. The main cause of this is the release of CFCs,
chlorofluorocarbons. Antarctica was an early victim of ozone
destruction. A massive hole in the ozone layer right above Antarctica
now threatens not only that continent, but many others that could be
the victims of Antarctica’s melting icecaps. In the future, the ozone
problem will have to be solved so that the protective layer.
Smog: In many areas around the word, smog has reached
extraordinary levels. Some governments have quickly reacted with
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severe measures in response to the problem. The word smog is a
combination of the words smoke and fog. The term was invented by a
Glasgow public health official, Des Voeux.
Smog causes a smoky dark atmosphere to arise over cities. It decreases
visibility, and creates a haze throughout the area. Numerous studies
have monitored smog throughout the world. Some of the world’s
dirtiest cities have millions of inhabitants, all of whom are threatened
by the smog. Modern Los Angeles suffers severely from smog, as
London did in the 19th century. These two areas released certain
chemicals into the air and created a foggy atmosphere. In London,
where fog levels have now fallen far below those of years ago, people
were often unable to see their hands and sometimes could not walk
around. It took a long time for governments to act to control smog.
The Clean Air Act of 1970 in the United States limited legal smog
levels. The Environmental Protection Agency now measures levels of
smog and regulates smog producers. Despite government action to
reduce them, smog levels remain very high in many cities. Even those
areas that do successfully reduce smog may be the victims of smog
blown in from other locations. In India many places, especially metros
and other industrial centers facing the problem of smog.
Air Pollution: Air pollution every day, the average person inhales
about 20,000 liters of air. Every time we breathe, we risk inhaling
dangerous chemicals that have found their way into the air. Air
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pollution includes all contaminants found in the atmosphere. These
dangerous substances can be either in the form of gases or particles.
Increased vehicular fleet, industrial expansion, and increase in use of
diesel generator sets have contributed towards increase in air pollution
levels in almost all Indian cities. While ambient air pollution is a
concern in most of the urban centers of the country; the problem of
indoor air pollution plagues the rural areas of the country.
Air pollution can be found both outdoors and indoors. Pollutants can
be trapped inside buildings, causing indoor pollution that lasts for a
long time. The sources of air pollution are both natural and human-
based. As one might expect, humans have been producing increasing
amounts of pollution as time has progressed, and they now account for
the majority of pollutants released into the air. Air pollution has been a
problem throughout history. Even in Ancient Rome people
complained about smoke put into the atmosphere. The effects of air
pollution are diverse and numerous. Air pollution can have serious
consequences for the health of human beings, and also severely affects
natural ecosystems. Because it is located in the atmosphere, air
pollution is able to travel easily. As a result, air pollution is a global
problem and has been the subject of global cooperation and conflict.
Some areas now suffer more than others from air pollution. Cities with
large numbers of automobiles or those that use great quantities of coal
often suffer most severely from problems of air pollution.
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Vehicle emissions are responsible for 70% of the country’s air pollution.
The major problem with government efforts to safeguard the
environment has been enforcement at the local level, not with a lack of
laws. Air pollution from vehicle exhaust and industry is a worsening
problem for India. Exhaust from vehicles has increased eight-fold over
levels of twenty years ago; industrial pollution has risen four times
over the same period. The economy has grown two and a half times
over the past two decades but pollution control and civil services have
not kept pace. Air quality is worst in big cities like Kolkata, Delhi,
Mumbai, Chennai, etc. According to the Society of Indian Automobile
Manufacturers, India’s auto production has doubled from 7 million
units in fiscal year 2004 to over 14 million units in fiscal year 2010
largely on the back of a buoyant domestic market. Bangalore holds
the title of being the asthma capital of the country. Studies estimate
that 10 per cent of Bangalore’s 60 lakh population and over 50 per cent
of its children below 18 years suffer from air pollution- related
ailments.
Chennai: Exhaust from vehicles, dust from construction debris,
industrial waste, burning of municipal and garden waste are all on the
rise in the city. So are respiratory diseases, including asthma. At least
six of the 10 top causes of death are related to respiratory disease, says
Dr D Ranganathan, director (in-charge), Institute of Thoracic Medicine.
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Mumbai: Not only are levels of Suspended Particulate Matter above
permissible limits in Mumbai, but the worst pollutant after vehicular
emissions has grown at an alarming rate. The levels of Respirable
Suspended Particulate Matter (RSPM), or dust, in Mumbai’s air have
continued to increase over the past three years. The air pollution in
Mumbai is so high that Mumbai authorities have purchased 42,000
liters of perfume to spray on the city’s enormous waste dumps at
Deonar and Mulund landfill sites after people living near the landfill
sites complained of the stench. The Deonar landfill site, one of India’s
largest, was first used by the British in 1927. Today, the festering pile
covers more than 120 hectares and is eight stories high. Bhopal gas
tragedy was the greatest industrial disaster in the world that took place
at a Union Carbide pesticide plant in the Indian city of Bhopal,
Madhya Pradesh. On 3 December 1984, the plant accidentally released
methyl isocyanate (MIC) gas, exposing more than 500,000 people to
MIC and other chemicals. The first official immediate death toll was
2,259. 25,000 have since died from gas-related diseases, making it the
deadliest man-made environmental disaster in history. On July 14,
2010 Chlorine gas leaked from the Sewri industrial area on land owned
by the Mumbai Port Trust and nearly 76 people were treated in
hospital.
The effects of air pollution are obvious, price crop yields in southern
India are falling as brown clouds block out more and more sunlight.
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And the brilliant white of the famous Taj Mahal is slowly fading to a
sickly yellow. In the “Tajmahal Case” a very strong step was taken by
Supreme Court to save the Tajmahal being polluted by fumes and
more than 200 factories were closed down.
Studies conducted by the high altitude zoology field station of the
Zoological Survey of India (ZSI) based in Solan town of Himachal
Pradesh have recorded a drastic fall in butterfly numbers in the
western Himalayas, famous for their biodiversity.
The population of 50 percent of the 288 species recorded in the western
Himalayas, comprising areas of Himachal Pradesh and Jammu and
Kashmir, have declined more than half in just 10 years,' Avtar Kaur
Sidhu, a scientist with the field station, told IANS on World
Environment Day 2010. We noticed a large number of dead butterflies
on the Khardung La (the world's highest motorable road in Ladakh)
during one of our visits. It was primarily due to a rise in vehicular
traffic by the tourists,' she said.
Ambient air quality: The Central Pollution Control Board (CPCB),
which was constituted as the statutory organization in 1974, has
established the National Air Quality Monitoring Program (NAMP) to
determine the air quality status and trends in various cities of the
country. At present, three criteria air pollutants – sulphur dioxide
(SO2), nitrogen dioxide (NO2), and fine particulate matter (PM 10) –
are regularly monitored at 411 stations across 167 cities in the country.
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Apart from these pollutants, limited monitoring of other pollutants
such as PM 2.5, ammonia, ozone, hydrocarbons (benzene, toluene,
xylene), poly-aromatic hydrocarbons (PAHs), and heavy metals (e.g.
lead), is carried out at select locations in some cities.
Aircraft pollutants: According to a study published in the journal
Environmental Science and Technology (EST) in the first week of
October 2010, almost 8,000 people will die due to aircraft pollutants
this year, and 3,500 of them would be from India and China. A recent
report by Massachussets Institute of Technology (MIT) researchers says
that the harmful pollutants emitted by an aircraft at an altitude of
35,000ft are fatal for people. The report says that nitrogen and sulphur
oxides emitted by aircraft at approximately 35,000ft combine with
other gases in the atmosphere to create noxious particulate matter.
Water pollution: Attention for water pollution exploded in the 1980s.
The oil spill of the Exxon Valdez showed many around the world just
how horrible the effects of water pollution could be. However, even the
Exxon Valdez spill barely touched the surface of the problem of water
pollution. The ship spilt only 5% of the oil spilt that year, and oil is just
one of many pollutants that people dump into the water every year.
Every year, 14 billion pounds of sewage, sludge, and garbage are
dumped into the world’s oceans. 19 trillion gallons of waste also enter
the water annually. The problem of ocean pollution affects every
nation around the world. This is especially true because water is able
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to transport pollution from one location to another. For many years,
chemicals were dumped into bodies of water without concern. While
many countries have now banned such behavior, it continues to go on
today. As the world has industrialized and its population has grown,
the problem of water pollution has intensified. The simple fact that
millions of people live along coastlines and near rivers means that
these bodies of water are likely candidates for heavy and destructive
pollution. It is hard to know now what our oceans will look like in the
future. Just how damaged they will be by pollution is uncertain.
Rain Forest Destruction: The atmosphere and oceans are not the only
parts of the environment being damaged. Rain forests are being
quickly destroyed as well, and their survival is questionable. E.O.
Wilson, a biologist at Harvard, called the depletion of rain forest areas
“the greatest extinction since the end of the age of dinosaurs.” Unlike
some environmental issues, rain forest depletion has fortunately
received significant public and media attention. Despite the opposition
to the cutting down of rain forests, the problem continues. Every year,
Brazil chops down an area of forest the size of the state of Nebraska. In
addition to the Amazon’s rain forests, many other forests are being cut
down as well. In Indonesia, Zaire, Papua-New Guinea, Malaysia,
Burma, the Philippines, Peru, Colombia, Bolivia, and Venezuela, rain
forests that were once great have been lost. According to some
estimates, 50 million acres of rain forest are cut down every year. The
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United Nations says the figure is closer to 17 million acres. The World
Wildlife Fund says that every minute, 25 to 50 acres are cut or burned
to the ground. The world’s growing population has been a primary
cause of rain forest destruction. More people need land to live on and
wood products to consume. Limiting population growth may be the
first in a series of steps that would limit the destruction of the rain
forests.
The World Health Organization estimates that about two million
people die prematurely every year as a result of air pollution, while many
more suffer from breathing ailments, heart disease, lung infections and even
cancer. Fine particles or microscopic dust from coal or wood fires and
unfiltered diesel engines are rated as one of the most lethal forms or air
pollution caused by industry, transport, household heating, cooking and
ageing coal or oil-fired power stations. There are four reasons of air pollution
are - emissions from vehicles, thermal power plants, industries and refineries.
The problem of indoor air pollution in rural areas and urban slums has
increased.
India’s environmental problems are exacerbated by its heavy reliance
on coal for power generation. "More than 80 per cent of energy is produced
from coal, a fuel that emits a high amount of carbon and greenhouse gases."
said Bikash Sinha professor of the department of atomic energy, on October 6,
2010. According to him, coal pollution kills more than 300,000 people every
year.
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India's expanding steel production will be largely driven by sponge
iron. But its manufacturing process, based on coal, is highly polluting. The
repercussions are already visible near sponge iron factories which have
mushroomed in iron ore- and coal-rich areas. People are protesting loudly,
and in some cases even violently. CENC director R C Sinha pointed out that
as many as eight lakh people in Asia were dying every year due to air
pollution. Unprecedented increase in the number of motor vehicles with
inferior technology, poor maintenance and inferior quality of fuel have
aggravated the problem of air pollution,
REGULATORY FRAMEWORKS: KEY INITIATIVES
A number of important initiatives were launched or given renewed
impetus. Some salient initiatives are described below.
1Climate Change
Announced India’s intent to reduce the emissions intensity of its
GDP by 20%–25% between 2005 and 2020, thus making a major
contribution to mitigating climate change.
Expert Group on Low Carbon Strategy for Inclusive Growth
established/set-up under the Planning Commission to develop a
roadmap for low-carbon development.
2. Compensatory Afforestation Management (CAMPA)
The Supreme Court directed creation of a Compensatory Afforestation
Fund, in which all funds received from user agencies towards compensatory
afforestation were to be deposited. However for seven years between 2002
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and 2009 the fund could not be accessed by any of the states because of a
disagreement on the manner of its disbursement:
To resolve the deadlock the MoEF moved the Supreme Court to
give effect to an adhoc CAMPA authority that would in the interim
period monitor discharge and monitor the use of funds. It was
agreed that ultimately this body would give over control to the
state CAMPAs.
By the end of January 2010, following national level sessions on the
disbursement and use of CAMPA, 22 states/UTs have
operationalised their accounts.
Out of the received amounts of approximately 13,000 crore in the ad
hoc CAMPA, the state CAMPAs have so far been allocated
approximately Rs 1000 crore.
3. Coastal Regulation Zone
The MoEF has drafted comprehensive amendments to the Coastal
Regulation Zone Notification of 1991. These amendments seek to improve the
present provisions for protection and regulation for the use of the land within
500m of the coast and 100m along the tidal influenced water bodies.
The Minister E&F chaired national level consultations across
various coastal states to hear the concerns of the all affected
stakeholders. A committee was also constituted under the
chairmanship of Dr. MS Swaminathan to address the shortcomings
in the 1991 Notification.
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The MoEF has thereafter prepared a comprehensive set of
amendments to strengthen the CRZ Notification, 1991. Special
protection status has been given to Navi Mumbai and Greater
Mumbai, Kerala, Sunderbans and Goa.
The Draft Notification is currently on the Ministry’s website,
available in various languages, to elicit comments and views from
the general public.
At the same time a major programme—Integrated Coastal Zone
Management Project—is being launched with the support of the
World Bank. This envisages spending Rs 1155 crore over a period of
five years for mapping the national coastal hazard line, and setting
up of a Centre for Sustainable Coastal Zone Management in
Chennai. The Project will also undertake pilot projects in coastal
zone management in Gujarat, West Bengal and Orissa.
6. Pollution Control
The MoEF developed a Comprehensive Environmental Pollution
Index (CEPI), for environmental assessment of 88 industrial clusters
in the country, as part of a study by the Central Pollution Control
Board (CPCB). CEPI, which combines effects of air, water and soil
pollution, is intended to be used as early warning tool for
categorizing industrial clusters/areas in terms of severity of overall
pollution levels. Based on this assessment, 43 industrial clusters
have been identified as critically polluted. Preparation of action
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plans for remediation of these critically polluted clusters is in
progress.
Revised National Ambient Air Quality Standards 2009 were
released by the Ministry. As per these norms, the residential and
industrial areas will have the same standards. The new standards
include limits for benzene, ozone, benzo(a) pyrene, arsenic, nickel
and ammonia which were not covered in 1994 standards.
8. Renewed Impetus to Science
The MoEF was envisaged as a science-based Ministry. Over the years, its
scientific focus has been eroded. This is now being renewed. A number of
initiatives have been put in place this year.
A Global Advisory Network Group on Environmental Sciences
(GANGES), a new forum, comprising the world’s leading
environmental scientists of Indian origin, established to advise the
Government of India on the country’s environmental sciences
agenda.
A National Environmental Sciences Fellows Programme, to provide
our most promising young scientists the opportunity to do cutting
edge research on critical environmental issues in collaboration with
leading institutes and scientists in India and the world. This will
help create a cadre of top class Indian nvironmental scientists for
the future.
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An Expert Committee to Enhance the Scientific Capacity of MoEF,
to take a fresh look at the scientific manpower and infrastructure in
the Ministry so that they remain cutting edge.
An Action Plan to enhance Forestry Sciences, following a special
meeting of the Minister with over 100 Indian Forest Service Officers
with PhDs. A number of decisions related to upgrading the
scientific capabilities of India’s forestry establishment were taken.
9. Western Ghats
Given the environmental sensitivity and ecological significance of
the Western Ghats region and the complex interstate nature of its
geography, as well as the possible impacts of climate change on this
region, the Ministry has constituted the Western Ghats Ecology
Expert Panel under the chairmanship of Prof. Madhav Gadgil. The
Panel will assess the current status of ecology of the Western Ghats
region, demarcate areas which need to be notified as ecologically
sensitive zones, and recommend the modalities for the
establishment of the Western Ghats Ecology Authority under the
Environment (Protection) Act, 1986 which will be a professional
body to manage the ecology of the region and to ensure its
sustainable development with the support of all concerned states.
Convened a meeting of MPs from the Western Ghats on 4 March
2010 and agreed to set up a Parliamentary Forum in the Western
Ghats.
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10. Himalayas
Launched Phase II of the Himalayan Snow and Glacier Monitoring
Programme, through the Space Application Centre, Ahmedabad, to
continue the monitoring of seasonal snow cover for the entire
Himalayas and monitoring the retreat /advance of the glaciers in
representative basins.
Released the Report titled ‘Governance for Sustaining Himalayan
Ecosystem (G-SHE): Guidelines and Best Practices’, putting
together key guidelines related to the overnance and management
of the Himalayan ecosystem, along with case studies. A meeting of
Chief Ministers of Himalayan states was also held.
Released a Discussion Paper titled ‘Himalayan Glaciers: A State-of-
Art Review of Glacial Studies, Glacial Retreat and Climate Change’
which summarizes the state of knowledge on Himalayan glaciers.
11. Sundarbans
The Sundarbans would be a key component of the proposed
Integrated Coastal Zone Management Project, with an allocation of
Rs 191.20 crore for various initiatives in the region. These include
allocations for ecotourism, coastal erosion protection, livelihood
improvement of village communities, and construction of cyclone
shelters.
Indo-Bangladesh Forum on the Sundarbans is being established to
jointly address issues of the region, recognizing that the entire
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Sundarbans region is one ecosystem — 40 per cent of which is in
India and the remaining 60 per cent in Bangladesh.
12. Transparency in environmental and forestry clearances
There has been a determined effort to bring greater transparency
and professionalism in the granting of environmental and forestry
clearances. The status of all pending cases is now available with
relevant details on the MoEF website. Environmental appraisal
committees have been reconstituted to ensure that there is no
conflict of interest. Regular monitoring of pending cases in crucial
sectors is taking place with the ministries concerned. This is already
having impact.
Fourteen strategic defence roads have been given final forest
approval, another 11 have been given first-stage approval and a
further 10 have been cleared by the Standing Committee of the
National Board for Wildlife.
Coal mining projects will get environmental approval based on the
ultimate production capacity thereby obviating the need for
repeated clearances when expansion takes place.
A system of mandatory accreditation of EIA/EMP consultants has
been introduced by the MoEF to improve the quality of impact
assessment reports submitted by project proponents.
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14. Wildlife
Tripartite MoUs with all tiger states, to ensure reciprocal
commitments to address ecological and administrative issues have
been signed, with the Central and State Governments and Field
Directors as signatories with clear responsibilities.
Guidelines for the Special Tiger Protection Force have been revised
to include role for local communities in protection and conservation
of tiger reserves.
In principle approval for four new Project Tiger Reserves has been
granted – Ratapani (MP), Sunabeda (Orissa), Pilibhit (UP) and
Sahyadiri (Maharashtra).
Special crack-teams have been sent for improving the status of tiger
reserves affected by left wing extremism.
Tiger Net, a website for real time monitoring of tiger- related crime
has been launched and all such information is being put in the
public domain.
Several steps taken to strengthen the Wildlife Crime Control Bureau
(WCCB) and increased resources have been provided for the
organization.
Environmental health information
The Toxicology and Environmental Health Information Program
(TEHIP) at the United States National Library of Medicine (NLM) maintains a
comprehensive toxicology and environmental health web site that includes
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access to resources produced by TEHIP and by other government agencies
and organizations. This web site includes links to databases, bibliographies,
tutorials, and other scientific and consumer-oriented resources. TEHIP also is
responsible for the Toxicology Data Network an integrated system of
toxicology and environmental health databases that are available free of
charge on the web.
Regulation and monitoring
To protect the environment from the adverse effects of pollution, many
nations worldwide have enacted legislation to regulate various types of
pollution as well as to mitigate the adverse effects of pollution.
Towards Pollution Control
Pollution control is a term used in environmental management. It means
the control of emissions and effluents into air, water or soil. Without pollution
control, the waste products from consumption, heating, agriculture, mining,
manufacturing, transportation and other human activities, whether they
accumulate or disperse, will degrade the environment. In the hierarchy of
controls, pollution prevention and waste minimization are more desirable
than pollution control.
Greenhouse gases and global warming: - Carbon dioxide, while vital
for photosynthesis, is sometimes referred to as pollution, because raised levels
of the gas in the atmosphere are affecting the Earth’s climate. Disruption of
the environment can also highlight the connection between areas of pollution
that would normally be classified separately, such as those of water and air.
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Recent studies have investigated the potential for long-term rising levels of
atmospheric carbon dioxide to cause slight but critical increases in the acidity
of ocean waters, and the possible effects of this on marine ecosystems.
It is worth mentioning that a number of legislations are enacted so far
for protecting environment.
It is worth mentioning that Indian constitution is one of the first in the
world to recognize the importance of environmental conservation. The
Constitution directs the “State to take measures to protect and improve the
environment and to safeguard the environmental quality”. It also makes it a
fundamental duty of every citizen to protect and improve the natural
environment including forests, lakes, rivers and wildlife.
Legislation for Environmental Protection in India
Over the years, together with a spreading of environmental
consciousness, there has been a change in the traditionally-held perception
that there is a trade-off between environmental quality and economic growth
as people have come to believe that the two are necessarily complementary.
The current focus on environment is not new—environmental considerations
have been an integral part of the Indian culture. The need for conservation
and sustainable use of natural resources has been expressed in Indian
scriptures, more than three thousand years old and is reflected in the
constitutional, legislative and policy framework as also in the international
commitments of the country. Even before India’s independence in 1947,
several environmental legislation existed but the real impetus for bringing
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about a well-developed framework came only after the UN Conference on the
Human Environment (Stockholm, 1972). Under the influence of this
declaration, the National Council for Environmental Policy and Planning
within the Department of Science and Technology was set up in 1972. This
Council later evolved into a full-fledged Ministry of Environment and Forests
(MoEF) in 1985 which today is the apex administrative body in the country
for regulating and ensuring environmental protection. After the Stockholm
Conference, in 1976, constitutional sanction was given to environmental
concerns through the 42nd Amendment, which incorporated them into the
Directive Principles of State Policy and Fundamental Rights and Duties. Since
the 1970s an extensive network of environmental legislation has grown in the
country. The MoEF and the pollution control boards (CPCB i.e. Central
Pollution Control Board and SPCBs i.e. State Pollution Control Boards)
together form the regulatory and administrative core of the sector. A policy
framework has also been developed to complement the legislative provisions.
The Policy Statement for Abatement of Pollution and the National
Conservation Strategy and Policy Statement on Environment and
Development were brought out by the MoEF in 1992, to develop and promote
initiatives for the protection and improvement of the environment. The EAP
(Environmental Action Programme) was formulated in 1993 with the
objective of improving environmental services and integrating environmental
considerations in to development programmes.Therefore in order to protect
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and preserve environment, the following sector-specific policies have been
evolved by the Govt. of India.
Water: Water quality standards especially those for drinking water are
set by the Indian Council of Medical Research. These bear close resemblance
to WHO standards. The discharge of industrial effluents is regulated by the
Indian Standard Codes and recently, water quality standards for coastal water
marine outfalls have also been specified. In addition to the general standards,
certain specific standards have been developed for effluent discharges from
industries such as, iron and steel, aluminium, pulp and paper, oil refineries,
petrochemicals and thermal power plants. Legislation to control water
pollution is listed below. Water (Prevention and Control of Pollution) Act,
1974 This Act represented India’s first attempts to comprehensively deal with
environmental issues. The Act prohibits the discharge of pollutants into water
bodies beyond a given standard, and lays down penalties for non-compliance.
The Act was amended in 1988 to conform closely to the provisions of the EPA,
1986. It set up the CPCB (Central Pollution Control Board) which lays down
standards for the prevention and control of water pollution. At the State level,
the SPCBs (State Pollution Control Board) function under the direction of the
CPCB and the state government. Water (Prevention and Control of Pollution)
Cess Act, 1977 This Act provides for a levy and collection of a cess on water
consumed by industries and local authorities. It aims at augmenting the
resources of the central and state boards for prevention and control of water
pollution. Following this Act, The Water (Prevention and Control of Pollution)
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Cess Rules were formulated in 1978 for defining standards and indications for
the kind of and location of meters that every consumer of water is required to
install.
Air: Air (Prevention and Control of Pollution) Act, 1981 to counter the
problems associated with air pollution, ambient air quality standards were
established, under the 1981 Act. The Act provides means for the control and
abatement of air pollution. The Act seeks to combat air pollution by
prohibiting the use of polluting fuels and substances, as well as by regulating
appliances that give rise to air pollution. Under the Act establishing or
operating of any industrial plant in the pollution control area requires consent
from state boards. The boards are also expected to test the air in air pollution
control areas, inspect pollution control equipment, and manufacturing
processes. National Ambient Air Quality Standards (NAAQS) for major
pollutants were notified by the CPCB in April 1994. These are deemed to be
levels of air quality necessary with an adequate margin of safety, to protect
public health, vegetation and property (CPCB 1995 cited in Gupta, 1999). The
NAAQS prescribe specific standards for industrial, residential, rural and
other sensitive areas. Industry-specific emission standards have also been
developed for iron and steel plants, cement plants, fertilizer plants, oil
refineries and the aluminium industry. The ambient quality standards
prescribed in India are similar to those prevailing in many developed and
developing countries.
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To empower the central and state pollution boards to meet grave
emergencies, the Air (Prevention and Control of Pollution) Amendment Act, 1987,
was enacted. The boards were authorized to take immediate measures to
tackle such emergencies and recover the expenses incurred from the
offenders. The power to cancel consent for non-fulfillment of the conditions
prescribed has also been emphasized in the Air Act Amendment.
The Air (Prevention and Control of Pollution) Rules formulated in 1982,
defined the procedures for conducting meetings of the boards, the powers of
the presiding officers, decision-making, the quorum; manner in which the
records of the meeting were to be set etc. They also prescribed the manner
and the purpose of seeking assistance from specialists and the fee to be paid
to them. Complementing the above Acts is the Atomic Energy Act of 1982,
which was introduced to deal with radioactive waste. In 1988, the Motor
Vehicles Act was enacted to regulate vehicular traffic, besides ensuring proper
packaging, labeling and transportation of the hazardous wastes. Various
aspects of vehicular pollution have also been notified under the EPA of 1986.
Mass emission standards were notified in 1990, which were made more
stringent in 1996. In 2000 these standards were revised yet again and for the
first time separate obligations for vehicle owners, manufacturers and
enforcing agencies were stipulated. In addition, fairly stringent Euro I and II
emission norms were notified by the Supreme Court on April 29, 1999 for the
city of Delhi. The notification made it mandatory for car manufacturers to
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conform to the Euro I and Euro II norms by May 1999 and April 2000,
respectively, for new noncommercial vehicle sold in Delhi.
Forests and wildlife: The Wildlife (Protection) Act, 1972, Amendment
1991 The WPA (Wildlife Protection Act), 1972, provides for protection to
listed species of flora and fauna and establishes a network of ecologically-
important protected areas. The WPA empowers the central and state
governments to declare any area a wildlife sanctuary, national park or closed
area. There is a blanket ban on carrying out any industrial activity inside these
protected areas. It provides for authorities to administer and implement the
Act; regulate the hunting of wild animals; protect specified plants,
sanctuaries, national parks and closed areas; restrict trade or commerce in
wild animals or animal articles; and miscellaneous matters. The Act prohibits
hunting of animals except with permission of authorized officer when an
animal has become dangerous to human life or property or as disabled or
diseased as to be beyond recovery (WWF-India, 1999). The near-total
prohibition on hunting was made more effective by the Amendment Act of
1991.
The Forest (Conservation) Act, 1980: This Act was adopted to protect and
conserve forests. The Act restricts the powers of the state in respect of de-
reservation of forests and use of forestland for non-forest purposes (the term
‘non-forest purpose’ includes clearing any forestland for cultivation of cash
crops, plantation crops, horticulture or any purpose other than re-
afforestation).
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General Environment (Protection) Act, 1986 (EPA): This Act is an
umbrella legislation designed to provide a framework for the coordination of
central and state authorities established under the Water (Prevention and
Control) Act, 1974 and Air (Prevention and Control) Act, 1981.Under this Act,
the central government is empowered to take measures necessary to protect
and improve the quality of the environment by setting standards for
emissions and discharges; regulating the location of industries; management
of hazardous wastes, and protection of public health and welfare. From time
to time the central government issues notifications under the EPA for the
protection of ecologically-sensitive areas or issues guidelines for matters
under the EPA.
There are following notifications issued under this Act:
Doon Valley Notification (1989), which prohibits the setting up of an
industry in which the daily consumption of coal/fuel is more than 24 MT
(million tonnes) per day in the Doon Valley.
Coastal Regulation Zone Notification (1991), which regulates activities
along coastal stretches. As per this notification, dumping ash or any other
waste in the CRZ is prohibited. The thermal power plants (only foreshore
facilities for transport of raw materials, facilities for intake of cooling water
and outfall for discharge of treated waste water/cooling water) require
clearance from the MoEF.
Dhanu Taluka Notification (1991), under which the district of Dhanu
Taluka has been declared an ecologically fragile region and setting up power
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plants in its vicinity is prohibited. Revdanda Creek Notification (1989), which
prohibits setting up industries in the belt around the Revdanda Creek as per
the rules laid down in the notification.
The Environmental Impact Assessment of Development Projects Notification,
(1994 and as amended in 1997). As per this notification:
All projects listed under Schedule I require environmental clearance
from the MoEF.
Projects under the delicenced category of the New Industrial Policy
also require clearance from the MoEF.
All developmental projects whether or not under the Schedule I, if
located in fragile regions must obtain MoEF clearance.
Industrial projects with investments above Rs 500 million must obtain
MoEF clearance and are further required to obtain a LOI (Letter Of Intent)
from the Ministry of Industry, and an NOC (No Objection Certificate) from
the SPCB and the State Forest Department if the location involves forestland.
Once the NOC is obtained, the LOI is converted into an industrial license by
the state authority.
The notification also stipulated procedural requirements for the
establishment and operation of new power plants. As per this notification,
two-stage clearance for site-specific projects such as pithead thermal power
plants and valley projects is required. Site clearance is given in the first stage
and final environmental clearance in the second. A public hearing has been
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made mandatory for projects covered by this notification. This is an important
step in providing transparency and a greater role to local communities.
Ash Content Notification (1997), required the use of beneficiated coal
with ash content not exceeding 34% with effect from June 2001, (the date later
was extended to June 2002). This applies to all thermal plants located beyond
one thousand kilometres from the pithead and any thermal plant located in
an urban area or, sensitive area irrespective of the distance from the pithead
except any pithead power plant.
Taj Trapezium Notification (1998), provided that no power plant could
be set up within the geographical limit of the Taj Trapezium assigned by the
Taj Trapezium Zone Pollution (Prevention and Control) Authority.
Disposal of Fly Ash Notification (1999) the main objective of which is to
conserve the topsoil, protect the environment and prevent the dumping and
disposal of fly ash discharged from lignite-based power plants. The salient
feature of this notification is that no person within a radius of 50 km from a
coal-or lignite-based power plant shall manufacture clay bricks or tiles
without mixing at least 25% of ash with soil on a weight-to-weight basis. For
the thermal power plants the utilization of the fly ash would be as follows:
Every coal-or lignite-based power plant shall make available ash for at
least ten years from the date of publication of the above notification without
any payment or any other consideration, for the purpose of manufacturing
ash based products such as cement, concrete blocks, bricks, panels or any
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other material or for construction of roads, embankments, dams, dykes or for
any other construction activity.
Every coal or lignite based thermal power plant commissioned subject
to environmental clearance conditions stipulating the submission of an action
plan for full utilization of fly ash shall, within a period of nine years from the
publication of this notification, phase out the dumping and disposal of fly ash
on land in accordance with the plan.
Rules for the Manufacture, Use, Import, Export and Storage of
Hazardous Microorganisms/
Genetically Engineered Organisms or Cell was introduced in 1989 with the
view to protect the environment, nature and health in connection with gene
technology and micro-organisms, under the Environmental Protection Act,
1986. The government in 1991 further decided to institute a national label
scheme for environmentally-friendly products called the ‘ECOMARK’. The
scheme attempts to provide incentives to manufactures and importers to
reduce adverse environmental impacts, reward genuine initiatives by
companies, and improve the quality of the environment and sustainability of
available resources. Besides the above attempts, notifications pertaining to
Recycled Plastics Manufacture and Usage Rules, 1999 were also incorporated
under the Environment (Protection) Act of 1986. The Environment
(Protection) Rules, 1986
These rules lay down the procedures for setting standards of emission
or discharge of environmental pollutants. The Rules prescribe the parameters
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for the Central Government, under which it can issue orders of prohibition
and restrictions on the location and operation of industries in different areas.
The Rules lay down the procedure for taking samples, serving notice,
submitting samples for analysis and laboratory reports. The functions of the
laboratories are also described under the Rules along with the qualifications
of the concerned analysts. The National Environment Appellate Authority
Act, 1997 This Act provided for the establishment of a National Environment
Appellate Authority to hear appeals with respect to restriction of areas in
which any industry operation or process or class of industries, operations or
processes could not carry out or would be allowed to carry out subject to
certain safeguards under the Environment (Protection) Act, 1986. In addition
to these, various Acts specific to the coal sector have been enacted. The first
attempts in this direction can be traced back to the Mines Act, 1952, which
promoted health and safety standards in coal mines. Later the Coal Mines
(Conservation and Development) Act (1974) came up for conservation of coal
during mining operations. For conservation and development of oil and
natural gas resources a similar legislation was enacted in 1959.
Hazardous wastes: There is several legislation that directly or indirectly
deal with hazardous waste. The relevant legislation is the Factories Act, 1948,
the Public Liability Insurance Act, 1991, the National Environment Tribunal
Act, 1995 and some notifications under the Environmental Protection Act of
1986. A brief description of each of these is given below. Under the EPA 1986,
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the MoEF has issued several notifications to tackle the problem of hazardous
waste management. These include:
Hazardous Wastes (Management and Handling) Rules, 1989, which
brought out a guide for manufacture, storage and import of hazardous
chemicals and for management of hazardous wastes.
Biomedical Waste (Management and Handling) Rules, 1998, were
formulated along parallel lines, for proper disposal, segregation, transport etc.
of infectious wastes.
Municipal Wastes (Management and Handling) Rules, 2000, whose aim to
enable municipalities to dispose municipal solid waste in a scientific manner.
Hazardous Wastes (Management and Handling) Amendment Rules, 2000, a
recent notification issued with the view to providing guidelines for the import
and export of hazardous waste in the country.
Factories Act, 1948 and its Amendment in 1987:-The Factories Act, 1948
was a post-independence statute that explicitly showed concern for the
environment. The primary aim of the 1948 Act has been to ensure the welfare
of workers not only in their working conditions in the factories but also their
employment benefits. While ensuring the safety and health of the workers,
the Act contributes to environmental protection. The Act contains a
comprehensive list of 29 categories of industries involving hazardous
processes, which are defined as a process or activity where unless special care
is taken, raw materials used therein or the intermediate or the finished
products, by-products, wastes or effluents would cause material impairment
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to health of the persons engaged Result in the pollution of the general
environment
Public Liability Insurance Act (PLIA), 1991: The Act covers accidents
involving hazardous substances and insurance coverage for these. Where
death or injury results from an accident, this Act makes the owner liable to
provide relief as is specified in the Schedule of the Act. The PLIA was
amended in 1992, and the Central Government was authorized to establish
the Environmental Relief Fund, for making relief payments. National
Environment Tribunal Act, 1995 The Act provided strict liability for damages
arising out of any accident occurring while handling any hazardous substance
and for the establishment of a National Environment Tribunal for effective
and expeditious disposal of cases arising from such accident, with a view to
give relief and compensation for damages to persons, property and the
environment and for the matters connected therewith or incidental thereto.
The Gazette of India on 19 July 2000 notified rules for regulation of
ODS phase-out called the Ozone Depleting Substances (Regulation and Control)
Rules, 2000. They were notified under the Environment (Protection) Act, 1986.
These rules were drafted by the MoEF following consultations with industries
and related government departments.
Basel Convention on Transboundary Movement of Hazardous Wastes, 1989
Basel Convention, which entered into force in 1992, has three key objectives:
To reduce transboundary movements of hazardous wastes;
To minimize the creation of such wastes; and
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To prohibit their shipment to countries lacking the capacity of
dispose hazardous wastes in an environmentally sound manner.
India ratified the Basel Convention in 1992, shortly after it came into force.
The Indian Hazardous Wastes Management Rules Act 1989 encompasses
some of the Basel provisions related to the notification of import and export of
hazardous waste, illegal traffic, and liability.
Activities Undertaken by NGO’s:
NGO plays a vital role in Environment protection. There are following
activities undertaken by NGOs (Chitra)
Solid waste management
This includes both municipal solid waste and bio-medical wastes. Civic
Exnoras play a major role in assisting the Municipal Corporation in the
collection of garbage from individual households and the deposition of the
same in secondary collection points by appointing street beautifiers in the
concerned areas. With its experience over the years, Exnoras has realized that
this was merely a relocation of waste rather than management of solid wastes.
Zero waste management
NGO’s have now started focusing its efforts on the concept of Zero
Waste Management, by which practically all wastes can be converted into
wealth through recycling. Exnora is also addressing the problem of handling
and disposal of bio- medical wastes, and is trying to find a solution beneficial
to all concerned.
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Citizens' Waterways Monitoring Programme (WAMP)
This programme was started with the sole purpose of developing clean
and pollution free waterways in cities and for creating a healthy living
environment for all city dwellers. WAMP was formed in 1991, as a joint
programme with several NGOs and individuals dedicated to the cause of
developing clean waterways in the city. The WAMP objectives are:
1. To stop pollution of waterways
2. To maintain the waterways of the city cleanly
A series of meetings were conducted with various governmental agencies,
which has resulted in the drafting of a detailed action plan. If the Government
and the public implements plan properly, this will result in achievement of
clean waterways.
Community Sanitation Improvement Projects
Inadequate sanitation facilities are a major problem to human health,
especially so in the neglected low- income areas and slum settlements. NGO’s
concept of self- help is best displayed by the community sanitation
improvement projects in these areas. Two of the most successful projects have
been at the at Narikkurava (Gypsy) Colony in Indira Nagar, Chennai and at
Giriappa Road in T. Nagar, Chennai.
Student Environment Programme (STEP)
This program has a dual role - of creating environmental awareness
amongst the student community and to develop each child's mind resources
through various personality development programs. A teachers' manual and
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an activity book that have been brought out as a part of this program are
designed in the `do-and learn' format and provide an easy understanding of
the problems faced by us and at the same time kindles the mind to find
remedial measures.
Tree Planting
The Civic Exnoras in the city have been instrumental in planting trees
for the purpose of beautification of roads, parks, playgrounds, burial grounds,
etc., with the larger perspective of environmental protection.
Vegetable Roof Gardening
With agricultural land shrinking rapidly and deforestation rates
rocketing, urban agriculture is the need of the hour. Exnora has been
propagating and training youth in setting up and maintaining vegetable roof
gardens in households of Tamil Nadu. The organisation is closely working
with the Tamil Nadu Horticulture and Agriculture Departments on this
project.
Rain Harvesting
NGO’s have propagated the system of rain harvesting in several
residential areas in the city with the aim of exploiting one or another
important water source, viz., and rainwater. Many cities suffer from perennial
water problems every summer and therefore it is important that all avenues
of water source be tapped. By using simple and inexpensive techniques the
NGO (Exnora) has arrived at a method to conserve a large part of the 110 cms
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of rain that we receive annually. A Water Conservation Committee
constituted in Chennai by Metro Water Supply and Sewerage Board Exnora is
a core member.
AIDS Awareness
NGOs are working diligently to educate the public about the
prevention of AIDS and provide support and counseling for HIV- infected
persons. The additional dangers of placing value judgments on how
individuals became HIV-positive is one of the toughest issues facing NGOs
that work with people who are HIV positive. One key in the prevention of
AIDS is to eliminate negative images of HIV-infected persons as projected by
the media. NGOs should work toward educating the public to respect the
dignity of all persons living with HIV, regardless of how they became
infected.
Pollution Control
The task of pollution control in India is complex due to the large
number of heavy, large and small-scale industries involved. Further, the rise
in the number of vehicles coupled with poverty and the large population puts
tremendous pollution pressure on air, water and land. A comprehensive
approach to pollution control is being undertaken based on the following
principles:
1. Prevent pollution at source.
2. Encourage, develop and apply the best available practicable technical
solution
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3. Ensure that polluter pays for pollution and control arrangements.
4. Focus on protection of heavily polluted areas and river stretches.
5. Involve the NGO’s in educating the public about pollution control
measures to be taken.
Noise Pollution
Noise pollution has become a major problem in the metropolitan cities
and in other urban areas. With a view to regulate and control noise producing
and generating sources, the Ministry of Environment and Forests has notified
the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment
(Protection) Act 1986, for prevention and control of noise pollution in the
country.
Air Pollution
The sources of Air Pollution are industries like thermal power plants,
sugar mills, distilleries, paper mills etc. Vehicular emissions are another
source of air pollution. The Environment (Protection) Act, 1986 has classified
the industries as red, orange and green depending on the degree of pollution
caused by them. It further specifies the various pollution control measures to
be adopted by these industries.
Water Pollution
The rivers of India are part of its cultural heritage. Over the years, the
quality of the water has deteriorated due to the uncontrolled release of
effluents by industries into the rivers. A National River Conservation Plan
(NRCP), which includes second phase of GAP also, has been formulated
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which aims to control the pollution of grossly polluted rivers of the country.
A National River Conservation Authority has been setup to review the
implementation of the programmes related to cleaning of rivers. The NRCP
covers 141 towns located along 22 interstate rivers in 14 states. The total cost
of the scheme is Rs.2013 crores. A National Lake Conservation Plan
envisaging the conservation of lakes by prevention of pollution by catchments
area treatment, desalting, weed control, based on the integrated water shed
development approach is under implementation.
NGO’s Role in Pollution Control
The success of India’s environmental programmes depends greatly on
the awareness and consciousness of the people. A National Environmental
Awareness Campaign has been launched to sensitize people to the
environmental problems through audio –visual programmes, seminars,
symposia, training programmes etc. Paryavaran Vahinis have been
constituted in 184 districts involving the local people to play an active role in
preventing poaching, deforestation and environmental pollution. 4000 NGOs
have been given financial assistance for creating environmental awareness.
An Environmental Information System (ENVIS) network has been setup to
disseminate information on environmental issues. India has a large network
of NGO’s, which are involved in spreading the message of sustainable
development to the public.
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Institutions Involved in Environmental Activities
Environmental Training Institute
An integrated effort is required in environmental planning
management and action. Interdisciplinary understanding, cooperation and
coordination and increased public participation and support are important
components in the process towards sustainable development. To move
towards Sustainable Development, DANIDA has prepared a project
document for establishing "Environmental Training Institute" in Tamil Nadu.
A side letter was signed between Government of India, Ministry of Finance
and the Kingdom of Denmark with a Danish grant of DKR 9.961 million.
Government of Tamil Nadu has also given concurrence for setting up the
Environmental Training Institute in Tamil Nadu with DANIDA assistance.
Accordingly, the Environmental Training Institute was established in the year
1994. ETI is a common platform that offers training to pollution control board
staff, industries, the urban sector as well as NGOs. Over the years the institute
has conducted 124 Technical programmes, involving over 1965 participants
and 36 special Environmental awareness programmes have been conducted
for NGOs, Govt. Officials, Professionals, Universities and Educational
Institutions. There are many similar Environmental Training Institutes that
have been established by the government in various states.
Tata Research Institute
The Tata Energy Research Institute (TERI) has launched a major
project, the first phase of which is nearing completion. This project called
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"Growth with Resource Enhancement of Environment and Nature (GREEN
India 2047)" has rigorously estimated the reduction in India's key natural
resources during the period 1947-97, and has computed economic values of
consequent losses, which in some cases are alarmingly high. On the basis of
past experience and a careful analysis of the cost behind the degradation that
has taken place in the past, strategies for the future have been developed,
whereby a fresh and creative approach can be taken in the next 50 years. In
the case of indoor air pollution, the major reason lies in the fact that the
poorest sections of society are still dependent on low-grade biomass energy
resources. As a result, women and children in particular are exposed to long
hours of harmful emissions, which lead to a number of health problems
including heart disease, pregnancy related problems and various upper
respiratory diseases. The solution to such a problem will be larger production
of biomass for increasing the availability of good quality fuel wood, and the
development and use of superior technologies in its conversion and end- use.
The use of modern biotechnology techniques, for instance, provides the only
means to enhance production of biomass under soil and climatic conditions
that have traditionally not been conducive to high growth. Concurrently,
efforts to produce methane or other gases from organic matter, such that they
can lead to clean combustion for cooking purposes poses not only a major
scientific opportunity, but also a challenge in a managerial and organizational
sense The highest level of scientific expertise should be directed to the
solution of this problem. Of course, the benefits of innovative solutions in this
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area would be confined not to India only, but would be of direct relevance to
several other developing countries where inferior biomass fuels are used on a
significant scale.
Corporate Social Responsibility
In addition to complying with regulatory standards and norms,
industries have to adopt clean technologies and bring about implementation
in management practices. This measure has been agreed upon on the
understanding that a bank guarantee would be furnished by the concerned
units indicating the commitment to the action plan. However, this is without
any prejudice to the stipulations made in the existing standards and action
already taken/initiated for non-compliance and area-specific requirements
warranting stringent actions. The industrial units which are not complying
with the national standards notified under the Environment (Protection)
Act, 1986, will submit an action plan to meet the standards and bank
guarantee to the respective State Pollution Control Board within 3 months (by
Dec 2003).
International agreements on environmental Issues
India is signatory to a number of multilateral environment agreements
(MEA) and inventions. An overview of some of the major MEAs and India’s
obligations under these is presented below. Convention on International Trade
in Endangered Species of wild fauna and flora (CITES), 1973 the aim of CITES is to
control or prevent international commercial trade in endangered species or
products derived from them. CITES does not seek to directly protect
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endangered species or curtail development practices that destroy their
habitats. Rather, it seeks to reduce the economic incentive to poach
endangered species and destroy their habitat by closing off the international
market. India became a party to the CITES in 1976. International trade in all
wild flora and fauna in general and species covered under CITES is regulated
jointly through the provisions of The Wildlife (Protection) Act 1972, the
Import/Export policy of Government of India and the Customs Act 1962
(Bajaj,1996).
UN Framework Convention on Climate Change (UNFCCC), 1992
The primary goals of the UNFCCC were to stabilize greenhouse gas
emissions at levels that would prevent dangerous anthropogenic interference
with the global climate. The convention embraced the principle of common
but differentiated responsibilities which has guided the adoption of a
regulatory structure.
India signed the agreement in June 1992, which was ratified in
November 1993. As per the convention the reduction/limitation requirements
apply only to developed countries. The only reporting obligation for
developing countries relates to the construction of a GHG inventory. India
has initiated the preparation of its First National Communication (base year
1994) that includes an inventory of GHG sources and sinks, potential
vulnerability to climate change, adaptation measures and other steps being
taken in the country to address climate change. The further details on UNFCC
and the Kyoto Protocol are provided in Atmosphere and climate chapter.
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Convention on Biological Diversity, 1992
The Convention on Biological Diversity (CBD) is a legally binding,
framework treaty that has been ratified until now by 180 countries. The CBD
has three main thrust areas: conservation of biodiversity, sustainable use of
biological resources and equitable sharing of benefits arising from their
sustainable use. The Convention on Biological Diversity came into force in
1993. Many biodiversity issues are addressed in the convention, including
habitat preservation, intellectual property rights, biosafety, and indigenous
peoples’ rights. India’s initiatives under the Convention are detailed in the
chapter on Biodiversity. These include the promulgation of the Wildlife
(Protection) Act of 1972, amended in 1991; and participation in several
international conventions such as CITES.
UN Convention on Desertification, 1994
Delegates to the 1992 UN Conference on Environment and
Development (UNCED) recommended establishment of an
intergovernmental negotiating committee for the elaboration of an
international convention to combat desertification in countries experiencing
serious drought and/or desertification.
The UN General Assembly established such a committee in 1992 that
later helped formulation of Convention on Desertification in 1994. The
convention is distinctive as it endorses and employs a bottom-up approach to
international environmental cooperation. Under the terms of the convention,
activities related to the control and alleviation of desertification and its effects
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are to be closely linked to the needs and participation of local land users and
non-governmental organizations. Seven countries in the South Asian region
are signatories to the Convention, which aims at tackling desertification
through national, regional and sub-regional action programmes. The Regional
Action Programme has six Thematic Programme Networks (TPN’s) for the
Asian region, each headed by a country task manager. India hosts the
network on agro forestry and soil conservation.
The ITTO established by the International Tropical Timber Agreement
(ITTA), 1983, came into force in 1985 and became operational in 1987a. The
ITTO facilitates discussion, consultation and international cooperation on
issues relating to the international trade and utilization of tropical timber and
the sustainable management of its resource base. The successor agreement to
the ITTA (1983) was negotiated in 1994, and came into force on 1 January
1997. The organization has 57 member countries. India ratified the ITTA in
1996.
The extent of the environmental legislation network is evident from the
above discussion but the enforcement of the laws has been a matter of
concern. One commonly cited reason is the prevailing command and control
nature of the environmental regime. Coupled with this is the prevalence of
the all-or–nothing approach of the law; they do not consider the extent of
violation. Fines are levied on a flat basis and in addition, there are no
incentives to lower the discharges below prescribed levels. a For details refer
to the web site: www.itto.or.jp/Index.html
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Some initiatives have addressed these issues in the recent past. The
Government of India came out with a Policy Statement for Abatement of
Pollution in 1992, before the Rio conference, which declared that market-
based approaches would be considered in controlling pollution. It stated that
economic instruments will be investigated to encourage the shift from
curative to preventive measures, internalize the costs of pollution and
conserve resources, particularly water. In 1995, the Ministry of Environment
and Forest (MoEF) constituted a task force to evaluate market-based
instruments, which strongly advocated their use for the abatement of
industrial pollution. Various economic incentives have been used to
supplement the command-and-control policies. Depreciation allowances,
exemptions from excise or customs duty payment, and arrangement of soft
loans for the adoption of clean technologies are instances of such incentives.
Another aspect that is evident is the shift in the focus from end-of-pipe
treatment of pollution to treatment at source. The role of remote sensing and
geographical information systems in natural resource management and
environmental protection has also gained importance over time.
An important recent development is the rise of judicial activism in the
enforcement of environmental legislation. This is reflected in the growth of
environment-related public litigation cases that have led the courts to take
major steps such as ordering the shut-down of polluting factories. Agenda 21
highlights the need for integration of environmental concerns at all stages of
policy, planning and decision-making processes including the use of an
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effective legal and regulatory framework, economic instruments and other
incentives. These very principles were fundamental to guiding environmental
protection in the country well before Rio and will be reinforced, drawing on
India’s own experiences and those of other countries.
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REFERENCES
Bajaj R. 1996
CITES and the wildlife trade in India
New Delhi: Centre for Environmental Law, WWF-India. 182 pp. Divan S and
Rosencranz ,2001
Environmental law and policy in India, cases, materials and statutes,
2nd edition New York: Oxford University Press. 837 pp. Gupta S.1999
Country environment review, policy measures for sustainable Development
Discussion paper, October 1999 prepared for Asian Development Bank,
Programs Department (West) New Delhi: Delhi School of Economics. 127 pp.
International Tropical Timber Organization, www.itto.or.jp/Index.html
Accessed in November 2001 MoEF http://envfor.nic.in Ministry of
Environment & Forests, Government of India Accessed on 24-9-2001 WWF-
India. 1999.
Strengthening Environmental Legislation in India
Prepared for Asian Development Bank, Manila and Ministry of Environment
and Forests, Government of India, Centre for Environmental Law, WWF-
India