Evolution of Environmental Governance Geetanjoy Sahu ...
Transcript of Evolution of Environmental Governance Geetanjoy Sahu ...
Evolution of Environmental Governance
Geetanjoy SahuSchool of Habitat Studies
Tata Institute of Social Sciences (TISS), Mumbai
Email id:[email protected]
What do we mean by Environmental Governance?
How and who participates in the decision making process to distribute environmental goods and burdens?
Who is in and out?
Ownership, Access, Use and Distribution of Resource
Conservation, Protection and Regeneration
Process of Environmental Governance
Driven by the principles:
* Extraction
* Exclusion
* Centralisation
Historical Perspective
PreColonial Period
Local Community ownership over resources before colonial rule
Traditional Norms and customary rights
Colonial Period
A different framework after India’s encounter with colonial rule
Transformation of resources (land) into commodities
Commercialisation of agriculture in 1777 (Indigo plantation, opium, tea & coffee, cotton crop)
Extraction of Resource
• Land Acquisition Act of 1894
• Indian Forest Act of 1927
• Malguzari Tank System
Resistance to Resource Appropriation
Indigo Movement
Deccan Movement
Movement in Bombay and Madras Presidency
Tribal Movements
Evolution of Laws
Forceful Indigo Plantation was stopped in 1860
Deccan Agriculturists Relief Act 1879
Bengal Tenancy Act 1885
Chotanagpur Tenancy Act 1908
PostIndependence Period
Extraction of Resource Continues...
National Forest Policy of 1952
Centralisaton of Resource Management
Reinforced state’s exclusive power over resources
First Wave of Environmentalism (Late 19th Centurytill 1973)
Objective
• To challenge the indiscriminate diversion of resource
• Ban Commercialisation of agricultural activities
• Social appropriation of resource management
Three Important Factors
Emergence of environmental movements in 1970s
Research and intellectual engagement
Increasing concern for environment at the policy level
Movement to protect sacred trees and animals in Rajasthan
by the Bishnois
Movement to ban Shahtoosh Shawls in Kashmir
Environmental Movements
Save Silent Valley Movement (1973) to AntiPOSCO Movement (ongoing)
Different methods (Public activism to knowledge based activism)
Who should own and distribute the natural resources and also for what purpose? (State, Community (Any kind of community) or Market)
Different Environmental Values by Different Communities
Environment
CasteClass
Gender
Religion
Political Economic
Culture
Environmental concern at the policy level
• Since 1970s: More than 200 laws
• Wildlife Protection Act (1972) to National Green Tribunal Act (2010)
• Objectives: Generating revenue, meeting the livelihood needs of people, balancing growth and environment.
How to understand different forms of Law/Policy?
Constitutional ProvisionsStatutory ActAmendmentRulesOrdinanceNotificationOrderMemorandumGuidelinesPolicyPlans, Programmes & Schemes
Constitutional Provisions
42nd Amendment Act of 1976
Article 48(A) “The state shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country”.
Article 51A(g) “ 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”.
Subject Lists: Union, State, Concurrent
Statutory Acts (More than 200)
Wildlife Protection Act, 1972
Water Prevention and Control of Pollution Act, 1974
Forest Conservation Act, 1980 (Indian Forest Act, 1927)
Air Pollution Prevention Act, 1981
Environmental Protection Act, 1986
Public Liability Insurance Act, 1991
National Environmental Tribunal Act, 1995 (Repealed in 2010)
National Environmental Appellate Authority Act, 1997
Biological Diversity Act, 2002
Forest Rights Act, 2006
National Green Tribunal Act, 2010
Environmental Rules/Notifications….
Hazardous Substances Management, 1989
Coastal Regulation Zone, 1991
Eco-Sensitive Zones, Since 1991….
Environmental Impact Assessment Notification, 1994
Noise Pollution, 2000
Solid Waste Management, 2000
Policy Documents
National Forest Policy of 1952
National Forest Policy of 1988
Policy Statement for Abatement of Pollution of 1992
National Water Policy of 2002
National Environmental Policy of 2006
National Biodiversity Action Plan of 2008
Common Laws (Judiciary-driven Law)
Common law refers to law developed by judges through decisions of courts and similar tribunals
Also, known as judicial precedents
For example: (Right to healthy Environment is part of fundamental right to life)
Legal Framework for Environmental Protection in India: An Overview
Eminent Domain Approach (LAA 1894 & 2013)
Command and Control Approach (Rules and Regulations)
Market Based Approach (Incentives)
Eminent Domain Theory
Exclusive power to state
Power to acquire
Without the owner's consent
For the public purpose
Command & Control Approach
Three Instruments
1. Consent to establish producing units
2. Consent to operate
3. Standards for air and water pollution
Command and Control Approach: 1970s
• Wildlife Protection Act 1972
• Water Pollution (Prevention & Control) Act 1974
• 42nd Amendment Act of 1976 (Article 48(A) and Article 51A(g)
• Project Tiger was launched
• Notification of Protected Areas
• Pollution Control Board was set up in 1974
Major Developments in 1970s
Stockholm Conference (1972)
Indira Gandhi's Environmental Concerns
Indira Gandhi's Letter to CMs of all nine coastal states
Indira Gandhi's Statement at the Stockholm Conference (1972): Poverty is the biggest Polluter
Environmental Law and Policy: 1980s
Forest Conservation Act, 1980 (Indian Forest Act, 1927)
Air Pollution (Prevention & Control) Act, 1981
Environmental Protection Act, 1986
Institutionalization of environment protection
Environmental Ministry was formed
Major Developments in 1980s
Bhopal Gas Tragedy
Rajiv Gandhi and T N Seshen's leadership
Environment Report of CSE
Judicial Activism for environmental protection
Demand for decentralisation of resource management
Environmental Law & Policy: 1990-2017
Public Liability Insurance Act, 1991
National Environmental Tribunal Act, 1995 (Repealed in 2010)
PESA 1996
Contd...
EIA Notification: 1994, National Environmental Appellate Authority Act, 1997
Biological Diversity Act, 2002
Forest Rights Act, 2006
National Green Tribunal Act, 2010
Major Developments
• Rio Conference (1992), Johannesburg Conference (2002), Durban (2012)
• Greening of International Institutions (World Bank, IMF)
• Demand for more regulation in an era of deregulation
• Environmental Leadership at all levels
• Rio Conference (1992), Johannesburg Conference (2002), Durban (2012)
• Greening of International Institutions (World Bank, IMF)
• Demand for more regulation in an era of deregulation
• Environmental Leadership at all levels