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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