precautionary principle.pdf
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AMITY LAW SCHOOL, LUCKNOW
2014
ENVIRONMENTAL LAW
Precautionary Principle: Significance in River
Valley ProjectsHarsha
B.A.Ll.B( 8th
sem)
A8111110018
A M I T Y U N I V E R S I T Y , A U U P
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Submitted to:
Miss Tanu Shree Sang
Lecturer, Amity Law SAmity University, Luc
ENVIRONMENTAL LAW
Submitte
l Harsha
chool, B.A.Ll.Bnow A811111
d by:
(H.)8th
sem018
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INDEX
1. The Precautionary Principle 4
2. Key Elements of the Precautionary Principle 4
3. River Valley Projects 5
4. Indian Scenario of Multi Purpose River Valley Projects 6
5. Positive Impact of River Valley Projects 7
6. Negative Impacts of River Valley Projects 8
7. Conclusion including the significance of Precautionary Principles on RiverValley Projects 9
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Precautionary Principle- Significance in River Valley Projects
The Precautionary Principle
The Precautionary Principle is a guiding framework for decision-making that anticipates
how our actions will affect the environment and health of future generations. The Principleemphasizes public participation and stakeholder collaboration in long-term environmental
health and ecological policies and programs.
When an activity raises threats of harm to human health or the environment, precautionary
measures should be taken even if some cause and effect relationships are not fully establishedscientifically. In this context the proponent of an activity, rather than the public,
should bear the burden of proof.
The process of applying the Precautionary Principle must be open, informed and democraticand must include potentially affected parties. It must also involve an examination of the full
range of alternatives, including no action.
Five Key Elements of the Precautionary Principle
The Precautionary Principle represents a paradigm shift in decision-making. It allows for
five key elements that can prevent irreversible damage to people and nature:
1. Anticipatory Action: There is a duty to take anticipatory action to prevent harm.
Government, business, and community groups, as well as the general public, share this
responsibility.
2. Right to Know: The community has a right to know complete and accurate information
on potential human health and environmental impacts associated with the selection of
products, services, operations, or plans. The burden to supply this information lies withthe proponent, not with the general public.
3. Alternatives Assessment: An obligation exists to examine a full range of alternatives
and select the alternative with the least potential impact on human health and theenvironment, including the alternative of doing nothing.
4. Full Cost Accounting: When evaluating potential alternatives, there is a duty to considerall the reasonably foreseeable costs, including raw materials, manufacturing,
transportation, use, cleanup, eventual disposal, and health costs even if such costs are notreflected in the initial price. Short and long-term benefits and time thresholds should be
considered when making decisions.
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5. Participatory Decision Process: Decisions applying the Precautionary Principle must be
transparent, participatory, and informed by the best available science and other relevant
information.
The precautionary principle does not tell us what action to take. However, proponents
of a precautionary approach have suggested a series of actions:
(1) Set goals;
(2) Examine all reasonable ways of achieving the goals, intending to adopt the least-
harmful way;
(3) Assume that all projects or activities will be harmful, and therefore seek the least-
harmful alternative. Shift the burden of proof -- when consequences are uncertain, give the
benefit of the doubt to nature, public health and community well-being. Expect responsible
parties (not governments or the public) to bear the burden of producing needed information.
Expect reasonable assurances of safety for products before they can be marketed -- just as theFood and Drug Administration expects reasonable assurances of safety before new
pharmaceutical products can be marketed.
(4) Throughout the decision-making process, honor the knowledge of those who will be
affected by the decisions, and give them a real "say" in the outcome. This approach naturally
allows issues of ethics, right-and-wrong, history, cultural appropriateness, and justice tobecome important in the decision.
(5) Assume that humans will make mistakes and that decisions will sometimes turn outbadly. Therefore, monitor results, heed early warnings, and be prepared to make mid-course
corrections as needed; this implies that we will avoid irreversible decisions and
irretrievable commitments.
River Valley Projects
Energy plays a pervasive and critically important role in the socio-economy anddevelopment of a country. The Sun provides energy that can be captured in the form of
solar power, wind power and hydropower. These alternative energy, on a world basis,
account for approximately 12% of energy consumption. These sources have theadvantage of being inexhaustible and are generally associated with minimal
environmental degradation. However, there is a need for more R&D for development of
efficient technologies, and the public awareness of the use of renewable energy
resources.
Water as a renewable resource in hydroelectric generations is tapped, particularly, in the
areas with adequate water potential and steep topography. These types of geo-
environmental conditions are primarily helpful in setting up of hydropower projects.
Hydropower is a clean, renewable, low-cost alternative to other energy sources, it is
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flexible and reliable and more efficient than any other form of electricity generation.
Turbines are capable of converting 90% of available energy, whereas the best of fossil
fuel power plant is efficient only 50%. Another positive aspect of hydropower is its
operational flexibility, its ability to change output quickly and its unique voltage control
load following and peaking capabilities in hydropower projects help maintain the stability
of the electric grid ensuring economic growth. Hydropower also supports various kinds
of aesthetic and recreational activities. Besides, these projects help to manage
floodwaters, irrigate fields, and provide water supply and harness water potential as
electricity. Hydropower, thus meet the continuous rising demands for energy in a
country.
:Indian scenario:
Hydroelectricity in India is already well established. India ranks fifth in the world in
terms of hydropower potential as per a report prepared by National Hydroelectric Power
Corporation of India (NHPC). A vision paper prepared by the Central ElectricityAuthority (CEA) on development of hydroelectric potential envisages harnessing the
entire balance hydropower potential of India by the year 2025-2026.25 Hydroelectric
contributes 22% (21,104 MW out of 96,803 MW) of the country's total installed
electricity generating capacity. 9% of the dams in the world are in India. The CEA
assessed the country's aggregate technical feasible of hydro potential at 94,000 MW.
There was a rapid increase in dam construction in India during 1951 to 1985, from a total
number of 246 major and 1,059 medium River valley projects, 65 major and 626 medium
projects were completed. The hydro share in India has declined from 44% in 1970 to 25%
in 1998 Presently, the Indian government has plans to increase the hydroelectric capacity
by 35,490 MW by 2012.16 Twelve large-scale projects are scheduled for completion by
2002. From the environmental angle submergence of forest by hydel projects can cause a
great threat to biodiversity of the region as has been seen in cases of Idukki and Periyar
projects.
In Manipur, Tipaimukh HE (Multipurpose) Project (1500MW) is planned at the junction
of Mizoram, Manipur, and Assam. An area of about 390 sq. km. is proposed for the
construction of a rock-filled earthen dam at a height of 162 m. The site is 500 meters
down stream of the confluence of Tuivai and Barak Rivers . According to NEEPCO thedam would affect only eight villages in the two districts, of which three would be
completely submerged, while five would be partially under water. The project needs
clearance at three stages and can be wound up if found unfeasible.
The main objective of the proposed Tipaimukh dam is to control the fury of annual flood
in Cachar Valley of Assam and power generation for NEEPCO. Out of the 1500 MW to
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be generated, the State would be getting a share of 12 percent.The projects affected
communities has welcomed the signing of the memorandum of understanding between
the state of Manipur and the NEEPCO. Thought, the affected communities particularly
the people of Tipaimukh and Nungba, the construction of this dam, they thought would
be fruitful and enhanced developing the backward and neglected people of the
area. However, the questioning of the wisdom behind the proposed Tipaimukh dam has
been anticipated from different voluntary organizations and communities to show the
pros and cons of the dam by undergoing different agitation.
:Impacts of River Valley Projects:
Considering there are various postive impacts of a River Valley Projects, such as :
Hydropower is clean, renewable, low-cost alternative to other energy sources.
Hydropower can be a true answer to the question arose due to the continuous rising
demands for energy in the cities, towns and villages.
Hydropower is emission-free and helps nation meet its clean air goals.
Hydropower in 1997 displaced the equivalent of burning 143 million tons of coal, 20
million barrels of oil, and 471 billion cubic feet of natural gas combined, preventing the
emission of 336 million tons of carbon dioxide.
Operationally it is flexible: It has the ability to change output quickly and has the
uniqueness in voltage control. Load following and peaking capabilities in hydropowerprojects help maintain the stability of the electric grid ensuring economic growth.
Supports various kinds of aesthetic and recreational activities, adding to the state
income. Opportunities for camping, hiking, fishing, swimming, picnicking, boating,
whitewater rafting, and water skiing, as well as flood control, irrigation, and numerous
other benefits.
It manages floodwaters, irrigate fields, and provide water supply and harness water
potential as electricity.
Employment: host communities are given employment for different activities of division
of work in hydroelectricity generation.
The negative impact of the River Valley Projects, Hydroelectricity Projects should also
be considered:
Changes in the microclimate: The change in the climatic condition of the project site.
The stilling of flowing waters leading to temperature stratification.
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Landslides and Soil erosion: The project activities leave the eco-impact features of
instability in the form of landslides and soil erosion, violent disturbance of pristine areas.
Variation in water table: Mostly the water table increased in an around the dam sites.
Varying degrees of submergence of land including forests in some cases.
Instability of geo-physical landscapes: Changes in the landform of the project areas.
Siltation and nutrients variation: Eroded soil filled up the reservoir after some time.
Variations in nutrient contents and dissolved oxygen, rendering the water inhospitable to
aquatic life.
Decrease flow-rate of the river downstream: affect aquatic life and riparian communities,
reduced capacity for self-regeneration, reduced recharge of groundwater aquifers,
enhanced pollution levels etc.
Submergence of land: Submergence due to the construction of hydroelectricity
generation is the step through which fragile land topography, many delicate plants, faunal
population and tiny living organisms such as butterflies have to suffer a great loss. (h) Air
Pollution: Construction accelerates the rate of suspended particulate matter (SPM) and
dust.
Solid Waste Problem: As the human activities increase in and around the sites of
hydropower projects, waste products also increase if there is a lack of adequate
infrastructure to deal with.
In the hilly tract, blasting operations for road construction can cause considerable
damage to the environment through loosening of sedimentary layers and joints of rocks
and resultant landslides, sedimentation of reservoirs, drying up of spring and flash floods
etc.
The creation of new settlements for the workmen and rehabilitation of project outees in
the watershed areas may aggravate the seriousness of advance impacts.
Seismic activity: Enhanced seismic activities due to pressure of water: The huge amount
of water reservoir cause tremendous pressure to the earth surface, thus causing
earthquakes.
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The Socio- economic impact must also be considered, which includes:
Problem of host communities such as compensation, employment, road construction,
drinking water, afforestation to compensate the loss resulted due to the developmentalworks.
Public agitations: Due to misunderstanding between the host communities and the
managing authorities cause campaigns and strikes against the authorities to make agree
the project proponents to meet their demands. All these reactions of resentment
ultimately affect the production rates and its growth, ultimately hampering the growth of
the country.
Irrigation from hydropower projects has numerous impacts on forest and wildlife directly
or indirectly, thus affecting the socio-economic condition of the host communities.
Multi-purpose projects often have only two components, namely, irrigation and
hydroelectric power. The integration of other purposes has not been a standard feature of
project planning.
Project-Affected Persons, with the assistance of NGOs, have become more conscious of
their rights both their fundamental rights as citizens and their traditional rights of use of
river waters, forest produce and other natural resources.
The Tipaimukh area is ecologically sensitive and topographically fragile.
Some of these negative effects cannot be remedied or even mitigated; and in some cases
efforts at the mitigation of or compensation for environmental impacts in turn will create
further problems.
:Conclusion:
The precautionary principle says that when an activity raises threats of harm to human
health or the environment, precautionary measures should be taken even if some cause
and effect relationships are not fully established scientifically. In this context the
proponent of an activity, rather than the public, should bear the burden of proof. The
process of applying the precautionary principle must be open, informed and democratic
and must include potentially affected parties. It must also involve an examination of the
full range of alternatives, including no action .
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The principle clearly states that the basic element includes the Anticipatory action to
prevent any harm which can be occurred due to the project. The assessments done in
regard of the project and the Right of people to know about the developments done in that
regard. The evaluation of full cost accounting related to the project including all the for
seen cost.
The degree of awareness concerning the public hearings among the local residents of the
region should be assessed. Public hearings are now a statutory requirement in respect of
such projects, but this is essentially in the context of an environmental clearance. The
hearings should also cover the displacement/rehabilitation aspects. A 'rehabilitation
clearance' similar to the environmental clearance should be made a statutory condition
before work on a major hydroelectric project can begin. The 'social costs' inflicted by
projects often fall on poor and disadvantaged sections, particularly tribal communities,
whereas the benefits accrue to others usually more prosperous people in the command
area. Thus, the project authorities should incur equal distributions systems.
Instead of asking the basic risk-assessment question -- "How much harm is allowable?
the precautionary approach asks, "How little harm is possible?"In conclusion, faced with
reasonable suspicion of harm, the precautionary approach urges a full evaluation of
available alternatives for the purpose of preventing or minimizing harm.
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