envrionment policy in india

8/13/2019 Envrionment Policy in India

http://slidepdf.com/reader/full/envrionment-policy-in-india 1/23

Environmental Policy In Indiaand the Role of Judiciary in

Imparting EnvironmentalJustice

1



“What of thee I dig out, let that

quickly grow over, L et me nothit thy vitals, or thy hear t. ”

-Atharva Veda

2



The Under lying Causes of E nvironmentalDegradation in I ndia

Social Factors

Economic Factors

Institutional Factors

3



Social F actors

PopulationPovertyUrbanization

4



EconomicFactors

Non-existent or poorly functioning markets forenvironmental goods and services

Market distortions created by price controls and

subsidiesThe manufacturing technology adopted by most of the

industries which generally is based on intensive resourceand energy use.

Expansion of chemical based industryGrowing transport activities

Expansion of port and harbour activities.

5



EconomicFactors

6



I nstitutional F actors

Lack of awareness and infrastructure

makes implementation of most of the laws

relating to environment, extremely difficult

and ineffective.

7



Environmental Policy I n I ndiaAncient India

The Arthashastra by Kautilya, written as

early as between 321 and 300 BC,

contained provisions meant to regulate a

number of aspects related to the

environment.

The fifth pillar edict of Emperor Ashoka

also contains such regulations

8



Environmental Policy I n I ndiaDuring the British Reign in India:

Shore Nuisance (Bombay and Kolaba) Act, 1853The Indian Penal Code, 1860

The Indian Easements Act, 1882

The Fisheries Act, 1897

The Indian Forest Act, 1927The Factories Act, 1948 sec 12

The Bengal Smoke Nuisance Act, 1905

The Bombay Smoke Nuisance Act, 1912

The Elephant’s Preservation Act, 1879Wild Birds and Animals Protection Act, 1912

10

AIR

WATER

Wildlife protection act



Environmental Policy I n I ndiaModern India

National Council for Environmental Policy and

Planning was set up in 1972 which was later evolved

into Ministry of Environment and Forests (MoEF) in

1985.

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.

National Air Quality Monitoring Programme

http://www.cpcb.nic.in

11

UN conference on Human Environment



Environmental Policy I n I ndia

90’s

Dec 1993 MoEF completed its Environmental Action

Plan

Shift from concentration to load-based standards Cleaner technologies

water consumption standards

Technical assistance and limited grants to promote the setting

up of central effluent treatment plants

Industrial zones

12



Environmental Policy I n I ndiaThe Policy Statement for Abatement of Pollution and the

National Conservation Strategy and Policy Statement onEnvironment and Development were brought out by the

MoEF in 1992.

The EAP (Environmental Action Programme) was

formulated in 1993 with the objective of improving

environmental services and integrating environmental

considerations into development programmes.

13



Environmental Policy I n I ndiaNational Environment Policy, 2006

It the first initiative in strategy-formulation forenvironmental protection in a comprehensive

manner.

It undertakes a diagnosis of the causativefactors of land degradation with a view to

flagging the remedial measures required in this

direction.It recognizes that the relevant fiscal, tariffs and

sectoral policies need to take explicit account of

their unintentional impacts on land degradation.

14



Environmental Policy I n I ndia

National Environment Policy, 2006 (contd.)

The solutions offered to tackle the problem

comprise adoption of both, science-based and

traditional land-use practices, pilot-scale

demonstrations, large scale dissemination,

adoption of Multi-stakeholder partnerships,

promotion of agro-forestry, organic farming,

environmentally sustainable cropping patterns

and adoption of efficient irrigation techniques.

15



Constitutional F ramework

Article 21 - Fundamental RightsArticle 48A - Directive Principles of State Policy

Article 51A(g) - Fundamental Duties

16

Any person who disturbs the ecological balance or degrades, pollutes andtinkers with the gifts of nature such as air, water, river, sea and other elementsof the nature, he not only violates the fundamental right guaranteed under Art21 of the Constitution, but also breaches the fundamental duty to protect theenvironment under Art 51A (g).



L egislative F rameworkWater (Preventi on and Contr ol of Polluti on) Act, 1974

Water (Preventi on and Control of Polluti on) Cess Act, 1977 Ai r (Prevention and Control of Poll uti on) Act, 1981

Atomic Energy Act of 1982

M otor Vehi cles Act ,1988

The Wildli fe (Protection) Act, 1972

The F orest (Conservation) Act, 1980

Envir onment (Pr otection) Act, 1986 (EPA)

The National Environment Appellate Authori ty Act, 1997Publi c L iabili ty Insurance Act (PLI A), 1991

National Environment Tr ibunal Act, 1995

17

http://moef.nic.in/modules/rules-and-regulations/water-pollution/



Environment I mpact Assessment (EI A)

There are two types of EIA models - the statutory model

which makes the assessment of impact compulsory under

an enacted law, or a delegated legislation, and the

administrative model under which an administration

exercises its discretion to find out whether an impact study

is necessary. Till 1992, India was following the

administrative model of EIA.

18



Environment I mpact Assessment (EI A) (contd.)

On 27 th January, 1994 a notification was issued dealing with

mandatory EIA. The notification requires project proponent to

submit an EIA report, and environment management plan,

details of the public hearing and a project report to the impact

assessment agency for clearance, further review by a committee

of experts in certain cases. By the amendment in the year 1997,

public hearing was made compulsory before impact assessment

was finalized.

19



Role of Judiciary in I mpar tingEnvironmental Justice

The Judiciary has come up with the “judge -

driven implementation” of environmental

administration in India.

It has isolated specific environmental law

principles upon interpretation of Indian

Statutes and Constitution.

Public Interest Litigations (PILs) which is the

result of the relaxation of the locus standi rules

by the judiciary, is the characteristic feature of

the environmental litigation in India.

20



Role of Judiciary in I mpar tingEnvironmental Justice

Disputes relating to environment are treatedas cases related to violation of fundamental

rights, rather than claims under law of torts.

It has been held that the Supreme Court and

the High Courts can be directly approached

under Article 32 and Article 226 of theConstitution of India in case of matters relating

to environment.

21



Role of Judiciary in I mpar tingEnvironmental Justice (Contd.)

The orders of the Supreme Court and the High Courts cover a

wide range of areas including air, water, solid waste, hazardous

wastes, forests, mining activities, and architectural treasures.

Policy Statements of the government, which otherwise are not

enforceable in Courts, have been used as aids by the Judges for

interpreting environmental statutes and for spelling out

obligations of the Government.

22



THE MAN WHO SAYS THERIVER IS DIRTY. THEACTIVIST IS THE MANWHO CLEANS UP THE

RIVER~ROSS

PEROT

-Thank

23

http://envis.mse.ac.in/Early%20Environmental.asp

envrionment policy in india

Documents