Environmental regulation in india fro training dulapally 18th august
ENVIRONMENTAL LEGISLATION IN INDIA FOR FOREST RANGE OFFICERS PROBATIONERSANDHRA PRADESH FOREST ACADEMY DULAPALLY HYDERABAD Mohan Chandra Pargaien IFS Special Secretary A P Pollution Control Board firstname.lastname@example.org
EnvironmentLegal Definition ( EPA – 1986).environment’ includes water, air and“ land and the inter – relationship which exists among & between water, air and land, and human beings, other living creatures, plants, micro – organisms & property.”
Environmental Law : History European Countries- Germany ,France, Sweden, Norway, Finland - Traditionally environmentally conscious states. Bavaria – A German State- “Bavarian Soil Law” (Earliest & the best known law on soil protection) Industrial revolution-UK. Lead to pollution of Air & Water ( RiverThames) The concept of BOD. London smog - 1952.(Industrial-Night time ). Los Angles smog 1962 – 67.(Vehicular Pollution- Early morning) Lead to first “clean air act” in USA -1970.
INDIA’s ENVIRONMENTALINITIATIVES Need based . Area specific in nature. Can be divided into 5 Major Eras.
A)PRE-INDEPENDENCE ERA TO 1947. Vedas, Upanishads, Smiritis and Dharmas preached a worshipful attitude towards earth, sky, air, water, plants, trees, and animals, Enshrined a respect for nature and environmental harmony and conservation. regarded sun, air, fire, water, earth and forest as God and Goddesses. No major Policy . Mostly related to water . SarveBhavantuSukhin, SarveSantuNiramaya, SarveBhadrinipashyantu,,Maakashitdukhbhaagbh aveta..
PRE-INDEPENDENCE ERA TO 1947. contd… The Shore Nuisance (Bombay and Kolaba) Act, 1853 Earliest Act concerning control of water pollution in India. The Serais Act, 1867Serai or an inn was supposed to keep a certain quality of water fit for consumption by “persons and animals using it” to the satisfaction of the District magistrate or his nominees. Failure- Fine of Rupees twenty. The North India Canal and Drainage Act, 1873 Certain offences have been listed Obstruction in Fairways Act, 1881 Throwing of rubbish in any fairway leading to a port causing or likely to give rise to a bank or shoal. Indian Easements Act, 1882 Pollution of waters. The Indian Fisheries Act, 1897 Prohibits destruction of fish by poisoning waters. Indian Ports Act, 1908 Regulation of Water pollution
PRE-INDEPENDENCE ERA TO 1947. contd… The Indian Forest Act, 1927 Classification of forests into ‘reserved’, ‘protected’ and ‘village’ forests; Restricts, regulates and prohibit commercial and other activities in various forests classes. ‘Reserved forests’, being the most protected category; Forests management vested primarily with the Government. (Section 26(i) of the Act makes it punishable if any person, who, in contravention of the rules made by the State Government, poisons water of a forest area. The State Government has been empowered under Section 32(f) to make rules relating to poisoning of water in forests.)
B)POST-INDEPENDENCE TO THE STOCKHOLM1947–1972 Constitutional Recognition A fundamental ‘right to life’is guaranteed to all persons. ‘No person shall be deprived of his life or personal liberty except according to procedu re established by law’. (Article 21) The scope of ‘Right to Life’ expanded by higher judiciary to include the ‘right to clean and pollution free environment’.
POST-INDEPENDENCE TO THE STOCKHOLM1947–1972 CONTD… The Damodar Valley Corporation Act, 1948 Corporation to make regulations - sanction of the Central Government for preventing “pollution of water”. The Factories Act, 1948 Health, safety and welfare of the workers .Prevention of water pollution. The Mines Act, 1952 health and Safety of the employees .Quality of potable water. The River Boards Act, 1956 Board is to advise on “prevention of pollution of the waters of the interstate rivers”. The Merchant Shipping Act, 1958 Regulates and controls the discharge of oil or oil mixture by an Indian/ foreign tanker or ship within any of the prohibited zones. Prohibition on discharging any oil anywhere at sea from an Indian ship.
C)STOCKHOLM CONFERENCE TO BHOPALDISASTER(1972-1984) UN Conference on Human Environment in STOCKHOLM 5th June to 16th June 1972. First Global recognition to Environment and its degradation . Need for preserving and improving the human environment. Formation of UNEP(United nations Environment Programme. “Poverty is the biggest polluter” Smt Indira Gandhi.
The Wild Life (Protection Act),1972 For the protection of animals, plants and birds which live in forests. Certain areas are to be declared as sanctuaries and National Parks. To constitute a Wild Life Advisory Board. Amended in 1991 and in 1996.
Water (prevention & control ofPollution) Act 1974. Amended in 1988. Prevention and control of Water pollution Establishment of CPCB & SPCBs.
Water (prevention & control ofPollution) Cess Act1977. Amended in 1992. To levy and collect cess on water consumed by person carrying on certain industries.
42nd Amendment to the Constituition.1976 Article 48-A. The States responsibility (environmental protection) "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country". Article 51-A(g)- Fundamental duty- "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."
Forest Conservation Act, 1980(“FCA”) Restriction on the de-reservation of forests or use of forests land for non-forests purposes; Cultivation of coffee, spices, rubber, palms, oil bearing plants, medicinal plants, considered, non-forests purposes; Prior approval of MoEFis required. The procedure for obtaining approval laid down under FCA; Supreme Court intervention under T.N. Godavarman vs. UoI. Role of Central Empowered Committee.
The Air (Prevention andControl of Pollution) Act1981 For control of continuing decline in the quality of air. Amended 1987.
From 1976 to 1984 Period of Dormancy For the Eight years no significant interventions by legislature / executives for issues related to n environmental degradation in spite of having adequate support /platform in the forms of constitutional supports.
D)BHOPAL TRAGEDY -1984 TO 1998. 1984 December Sacrifice of 3000 lives. Took 2 years to respond. Enactment of Environment Protection Act (EPA)
Environment Protection Act(EPA)1986 Enacted pursuant to the UN Conference on the Human Environment held in 1972. ( 12 years time for self awakening ) An umbrella legislation for environment protection and improvement through regulation of developmental activities. Vests (“MoEF”) with powers relating to formulation of planning, policymaking and co- ordination of actions taken by State Governments. Amended in 1991
EPA enabled MoEF to: lay down standards for environmental quality; emissions or discharge of environmental pollutants from various sources. Mechanism for handling hazardous substances. Formulate rules for locating industry. Mandatory reporting of environment pollution by industry. Recovery of costs of clean up from the polluter.
UMBRELLA FRAMEWORK contd.. Management of 1.Manufacture, Storage, and Import of Chemicals Hazardous Chemical Rules, 1989 2.Ozone Depleting Substances (Regulation and Control) Rules, 2000 3.The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996. 4.Rules for the Manufacture, Use, Import, Export and Storage of Hazardous micro-organisms Genetically engineered organisms or cells, 1989
UMBRELLA FRAMEWORK contd..Regulation of activities in Coastal Regulation Zone Notification, 1991 (“CRZ Notification”) Coastal Zone Environment Impact Environment Impact Assessment (EIA)Notification, 2006 assessment Eco Mark Scheme 1.Scheme on Labelling of Environment Friendly Products (ECOMARK), 1991 2.The criteria for labelling Cosmetics as Environment Friendly Products, 1992 Noise Pollution Noise Pollution (Regulation & Control) Rules, 2000 Others 1.Batteries (Management and Handling) Rules, 2001 2.The Recycled Plastics Manufacture and Usage Rules, 1999
The EAP (Environmental ActionProgramme)1993 For improving environmental services and integrating environmental considerations into development programmes
E)Post 1998 era. The Central Motor Vehicle Rules,1989compel the manufacturers of vehicle to upgrade the technology to the standards. Hazardous Waste Rules, 1989, Importer must disclose complete product safety information. Environment (Protection) Rules 1989amended to prescribe ambient air quality standards in respect of noise. These standards lay down the day-time and night-time limits of noise in industrial, commercial and residential areas as well as in “silence zones”.
Post 1998 era.Contd… Public Liability Insurance Act, 1991 Mandatory insurance for public which may be affected by use or transport of hazardous chemicals. Immediate relief to the victim of hazardous accidents. The liability of the insurer is limited to Rs.50 million per accident, upto Rs. 150 million per year or upto the tenure of the policy. The Environment (Protection) 2nd Amendment Rules 1992, oblige a person carrying on an industry, operation or process requiring consent under Water/Air/HW to submit an environmental auditing report on quantity of raw material /water; total production, quantity of pollutants
Policy Statement forAbatement of Pollution, 1992 Identification of environment problems by Ministry of Environment and Forests . ‘the state of the environment continues to deteriorate’. Favoured mix of instruments in the form of legislation and regulation, fiscal incentives, voluntary agreements, educational programmes and information campaigns. Polluter pays principle recommended. ‘ to give industries and consumers clear signals about the cost of using environmental and natural resources’. Involvement of the public in decision making and new approaches for considering market choices
National EnvironmentTribunal Act 1995 To award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.
National Environment AppellateAuthority Act ,1997 To hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the EPA.
Post 1998 era.Contd… The Bio-Medical Waste (Handling and Disposal) Rules, 1998 These rules deal with collection, reception, storage, treatment and disposal of the bio medical waste. Municipal Solid Wastes (Management and Handling) Rules, 1999for solid waste disposal, transportation, management and pollution control . These regulate the location, monitoring and maintenance of compositing facilities and landfill sites. The rules include disposal of hospital waste and standards of treated leachates. Noise Pollution (Regulation and Control) Rules, 2000To regulate and control generation of noise from industry, construction, generator sets, loud speakers, music, vehicles, etc. The rules provide for penalties for violations.
Biological Diversity Act 2002. Enacted in pursuance of United Nations Convention on Biological Diversity, 1992. Provides for conservation of biological diversity and sustainable use of its components. Mandates fair and equitable sharing of benefits arising out of the use of biological resources and knowledge.
Highlights: EnvironmentalRegulation Shift from Command and Control (CAC) approach Pro People and welfare oriented. Far sighted and precautionary objectives . Polluter Pays principal. Absolute Liability. Public Trust Doctrine. Sustainable Development. Decentralization. intergenerational equity.
ENVIRONMENTAL DECENTRALISATION The 73rd and 74th amendments of 1992. Three-tier structure - devolution of power- Local bodies viz. panchayats / municipalities. local bodies can become institutions of self-government. The 11th schedule contains environmental activities like soil conservation, water management, social forestry etc that panchayats can undertake. The 12th schedule lists activities such as water supply, public health /sanitation, waste management and environmental protection which the municipalities can undertake. Scope for greater participation by the people in local affairs, better planning /implementation of developmental and environmental programmes. However the objectives remain active on papers only.
Challenges Ahead Enough of Regulations/enactment. Sufficient decentralization. Lackadaisical initiatives and commitment at Bureaucratic/Political level. Lack of transparency. Ethics Vs Business. Lack of initiatives .(who will Bell the Cat and Why). Poor Environmental Awareness. Functional fragmentation of administration. Ill-Equipped /Inefficient Regulatory mechanism. Extreme Reliance on Judiciary.