V{tÑàxÜ@F Environmental Protection

in India: A Regulatory Framework.

 

CHAPTER 3

ENVIRONMENTAL PROTECTION IN INDIA: A REGULATORY FRAMEWORK

The environmental problems in India are growing rapidly. The

increasing economic development and a rapidly growing population that has

taken the country from 300 million people in 1947 to more than one billion

people today is putting a strain on the environment, infrastructure, and the

country’s natural resources. Industrial pollution, soil erosion, deforestation,

rapid industrialization, urbanization, and land degradation are all worsening

problems. Overexploitation of the country's resources of land or water and

the industrialization process has resulted environmental degradation of

resources. Environmental pollution is one of the most serious problems

facing humanity and other life forms on our planet today.

According to the study of http://www.gits4u.com, India's per capita

carbon dioxide emissions were roughly 3,000 pounds (1,360 kilograms) in

2007. That's small compared to China and the U.S., with 10,500 pounds (4,763

kilograms) and 42,500 pounds (19,278 kilograms) respectively that year. The

study found that the European Union and Russia also have more emissions

than India. India has been ranked as seventh most environmentally

hazardous country in the world by a new ranking released recently. The

study is based on evaluation of “absolute” environment impact of 179

countries, whose data was available and has been done by researchers in

 

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Harvard, Princeton, Adelaide University and University of Singapore 0n

January 12, 2011.

Brazil was found to be worst on environmental indicators whereas

Singapore was the best. United States was rated second worst and China was

ranked third. Simultaneously industrial activities are responsible for

environmental pollution and degradation. Earlier environment pollution

totally ignored by the corporate. And no regulatory measures were in vogue.

When environmental pollution water, air, noise, and soil became so grim that

human life along with other faunal and floral life came to stake,

environmental consciousness emerged. Various legislations were enacted of

international national and regional levels all over the globe. It is the

developing (third world) countries that are more sufferers while the major

culprits for environmental pollution have been so called developed countries.

Mahatma Gandhi has aptly said that nature has given everything for

man’s need but not for his greed. The unstained use of natural resources has

created a chaos like situation before human survival on this earth. Global

warming, acid rain, climate change, ozone layer depletion, floods, cyclones,

drought, radiation, contamination of groundwater, air pollution, coastal water

pollution etc. are a long list of natural disasters which all life on the earth is

facing.

In the present investigation my objective is to assess to the

Environmental Accounting and Reporting in Public and private sector Indian

companies since liberalization, it is pertinent to have an overview of

 

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environment and Regulatory framework for its protection and conservation in

special reference to India.

Environment

In common parlance by environment we mean the surroundings of an

object. The rapid growing population and economic development are leading

to the environmental degradation in India because of the uncontrolled growth

of urbanization and industrialization, expansion and massive intensification

of agriculture, and the destruction of forests.

In simple terms, ‘Our Environment’ is our surrounding. This includes

living and nonliving things around us. The non-living components of

environment are land, water and air. The living components are germs,

plants, animals and people.

All plants and animals adjust to the environment in which they are

born and live. A change in any component of the environment may cause

discomfort and affect normal life. Any unfavorable change or degeneration in

the environment is known as ‘Environmental Pollution. We need to protect

our environment to live happily.2

Obviously, the “Environment” comprises all entities, living and non-

living, natural or manmade, external to oneself, and their interrelationships,

which provide value, now or perhaps in the future, to humankind.

Environmental concerns relate to their degradation through actions of

humans.

 

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Implications of Environment Pollution

Pollution has been found to be present widely in the environment.

There are a number of effects of this:

i. Biomagnifications describes situations where toxins (such as heavy

metals) may pass through trophic levels, becoming exponentially more

concentrated in the process.

ii. Carbon dioxide emissions cause ocean acidification, the ongoing

decrease in the pH of the Earth’s oceans as CO2 becomes dissolved.

iii. The emission of greenhouse gases leads to global warming which

affects ecosystems in many ways.

iv. Invasive species can out compete native species and reduce

biodiversity. Invasive plants can contribute debris and bimolecular

(allelopathy) that can alter soil and chemical compositions of an

environment, often reducing native species competitiveness.

v. Nitrogen oxides are removed from the air by rain and fertilize land

which can change the species composition of ecosystems.

vi. Smog and haze can reduce the amount of sunlight received by plants to

carry out photosynthesis and leads to the production of tropospheric

ozone which damages plants.

vii. Soil can become infertile and unsuitable for plants. This will affect

other organisms in the food web.

viii. Sulphur dioxide and nitrogen oxides can cause acid rain which lowers

the pH value of soil.

 

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We the human species and all our activities are also an integral part of

the dynamic environment. Our biological survival is totally dependent upon

the stability of our surroundings which is nothing but a complex set of

processes in dynamic equilibrium. Hence automatically all our developmental

activities if they are to be beneficial and sustainable must be anchored on the

environmental and ecological precepts. On the other hand, if our

interventions are destabilizing and disturbing the dynamic equilibrium, we as

a species will fail and will vanish.

Currently our developmental activities are becoming more and more

environmentally disruptive. With each step in our current development we

are creating a more and more fragile top-heavy system sensitive to all shocks

including those triggered by us. Simultaneously we are also irreparably

undermining our ecological foundations, i.e., the processes that sustain the

primary productivity through green plants which is at the base of our

biological energy source. It is the stability of the environmental processes that

has been sustaining the availability of food, water and a healthy environment

we have been accustomed to so far.

Major environmental issues are Forest and Agricultural land

degradation, Resource depletion (water, mineral, forest, sand, rocks etc.,),

Environmental degradation, Public Health, Loss of Biodiversity, Loss of

resilience in ecosystems, Livelihood Security for the Poor.3

 

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It is estimated that the country’s population will increase to about

1.26 billion by the year 2016. The projected population indicates that India

will be the first most populous country in the world and China will be

ranking second in the year 2050.4

India having 18% of the world’s population on 2.4% of world’s total

area has greatly increased the pressure on its natural resources. Water

shortages, soil exhaustion and erosion, deforestation, air and water pollution

afflicts many areas. India’s water supply and sanitation issues are related to

many environmental issues. Environmental degradation seriously threatens

economic and social progress even at the global level. Increasing craze for

mega cities and high tower buildings without considering the width of the

roads and parking areas have been causing further congestion and damages

to the environment thereby degrading the environment much faster than

economic growth. Environment and economic growth are complimentary for

developing countries and competitive for developed countries. Hence

environmental protection has become a continuous crisis of the nation. The

complex growth of environmental pressures due to the rapid population

growth, mush rooming growth of industrialization and the unprecedented

rate of urbanization insists upon the urgent need to pursue economic

development at any cost. As sustainable development is the need of the hour,

which is possible only by promoting awareness about the need to protect

environment the Government has taken several initiatives.

 

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The burning issues:

A variety of environmental problems now affect our entire world. As

globalization continues and the earth’s natural processes transform local

problems into international issues, few societies are being left untouched by

major environmental problems. Some of the largest problems now affecting

the world are Acid Rain, Air Pollution, Global Warming, Hazardous Waste,

Ozone Depletion, Smog, Water Pollution, Overpopulation, and Destruction.

The term acid rain refers to what scientists call acid deposition. It is caused by

airborne acidic pollutants and has highly destructive results. Scientists first

discovered acid rain in 1852, when the English chemist Robert Agnus

invented the term. From then until now, acid rain has been an issue of intense

debate among scientists and policy makers. Acid rain, one of the most

important environmental problems of all, cannot be seen. The invisible gases

that cause acid rain usually come from automobiles or coal-burning power

plants. Acid rain moves easily, affecting locations far beyond those that let out

the pollution.

As a result, this global pollution issue causes great debates between

countries that fight over polluting each other’s environments. For years,

science studied the true causes of acid rain. Some scientists concluded that

human production was primarily responsible, while others cited natural

causes as well. Recently, more intensive research has been done so that

countries have the information they need to prevent acid rain and its

 

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dangerous effects. The levels of acid rain vary from region to region. In Third

World nations without pollution restrictions, acid rain tends to be very high.

In Eastern Europe, China, and the Russia, acid rain levels have also risen

greatly. However, because acid rain can move about so easily, the problem is

definitely a global one.

Global worming: Global warming, also known as the greenhouse

effect, immediately received international attention. Scientists,

environmentalists, and governments around the world took an interest

in the subject. Global warming is called the greenhouse effect because

the gases that are gathering above the earth make the planet

comparable to a greenhouse. By trapping heat near the surface of the

earth, the greenhouse effect is warming the planet and threatening the

environment. Many scientists criticized Mr. Hansen’s report, and the

debate over global warming continues today. Current fears stem

largely from the fact that global warming is occurring at such a rapid

pace. Models are predicting that over the next century, the global

temperature will rise by several degrees. Some scientists still do not

think that the effects of global warming are as severe as some people

say. They think that droughts, hurricanes, and floods often blamed on

global warming might actually have other causes.

Hazardous waste: One major difficulty in studying global warming is

the fact that weather data only exists for the last century and a half. As

a result, understanding the present and predicting the future are very

 

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difficult. In addition to releasing gases and particles into the

atmosphere, humans produce waste that is dumped on the

environment. Often, this waste is hazardous and dangerous to both

nature and human life. The levels of dangerous wastes continue to

grow. Industries and individuals continue to be largely unaware of

this major environmental problem. As a result, many people and

industries are failing to prevent the creation of hazardous waste or to

limit the negative effects it produces. Individuals often throw out

goods without realizing that they are headed for a landfill and could be

dangerous for the environment. No matter where people put these

hazardous waste materials, there is always a chance that they could

find their way into the ground, and eventually into our bodies.

Corporations usually want to avoid the costs associated with having to

limit creation of hazardous waste. Consequently, they build landfills

on site and fill them with waste, or sometimes pay to have their waste

removed. Often, hazardous materials are transported to areas that

accept money to take the waste. It may prove very difficult to reduce

hazardous waste in the future. Unlike many other environmental

problems, waste creation is something people do not often think about.

In the future, people may have to reduce not only their generation of

hazardous waste, but also their consumption of many products that

end up in landfills.

 

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Ozone Depletion: The ozone layer protects the Earth from the

ultraviolet rays sent down by the sun. If the ozone layer is depleted by

human action, the effects on the planet could be catastrophic. Ozone is

present in the stratosphere. The stratosphere reaches 30 miles above

the Earth, and at the very top it contains ozone. The sun rays are

absorbed by the ozone in the stratosphere and thus do not reach the

Earth. Ozone is a bluish gas that is formed by three atoms of oxygen.

The form of oxygen that humans breathe in consists of two oxygen

atoms, O2. When found on the surface of the planet, ozone is

considered a dangerous pollutant and is one substance responsible for

producing the greenhouse effect. The highest regions of the

stratosphere contain about 90% of all ozone. In recent years, the ozone

layer has been the subject of much discussion and rightly so, because

the ozone layer protects both plant and animal life on the planet. The

fact that the ozone layer was being depleted was discovered in the

mid-1980s. The main cause of this is the release of CFCs,

chlorofluorocarbons. Antarctica was an early victim of ozone

destruction. A massive hole in the ozone layer right above Antarctica

now threatens not only that continent, but many others that could be

the victims of Antarctica’s melting icecaps. In the future, the ozone

problem will have to be solved so that the protective layer.

Smog: In many areas around the word, smog has reached

extraordinary levels. Some governments have quickly reacted with

 

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severe measures in response to the problem. The word smog is a

combination of the words smoke and fog. The term was invented by a

Glasgow public health official, Des Voeux.

Smog causes a smoky dark atmosphere to arise over cities. It decreases

visibility, and creates a haze throughout the area. Numerous studies

have monitored smog throughout the world. Some of the world’s

dirtiest cities have millions of inhabitants, all of whom are threatened

by the smog. Modern Los Angeles suffers severely from smog, as

London did in the 19th century. These two areas released certain

chemicals into the air and created a foggy atmosphere. In London,

where fog levels have now fallen far below those of years ago, people

were often unable to see their hands and sometimes could not walk

around. It took a long time for governments to act to control smog.

The Clean Air Act of 1970 in the United States limited legal smog

levels. The Environmental Protection Agency now measures levels of

smog and regulates smog producers. Despite government action to

reduce them, smog levels remain very high in many cities. Even those

areas that do successfully reduce smog may be the victims of smog

blown in from other locations. In India many places, especially metros

and other industrial centers facing the problem of smog.

Air Pollution: Air pollution every day, the average person inhales

about 20,000 liters of air. Every time we breathe, we risk inhaling

dangerous chemicals that have found their way into the air. Air

 

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pollution includes all contaminants found in the atmosphere. These

dangerous substances can be either in the form of gases or particles.

Increased vehicular fleet, industrial expansion, and increase in use of

diesel generator sets have contributed towards increase in air pollution

levels in almost all Indian cities. While ambient air pollution is a

concern in most of the urban centers of the country; the problem of

indoor air pollution plagues the rural areas of the country.

Air pollution can be found both outdoors and indoors. Pollutants can

be trapped inside buildings, causing indoor pollution that lasts for a

long time. The sources of air pollution are both natural and human-

based. As one might expect, humans have been producing increasing

amounts of pollution as time has progressed, and they now account for

the majority of pollutants released into the air. Air pollution has been a

problem throughout history. Even in Ancient Rome people

complained about smoke put into the atmosphere. The effects of air

pollution are diverse and numerous. Air pollution can have serious

consequences for the health of human beings, and also severely affects

natural ecosystems. Because it is located in the atmosphere, air

pollution is able to travel easily. As a result, air pollution is a global

problem and has been the subject of global cooperation and conflict.

Some areas now suffer more than others from air pollution. Cities with

large numbers of automobiles or those that use great quantities of coal

often suffer most severely from problems of air pollution.

 

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Vehicle emissions are responsible for 70% of the country’s air pollution.

The major problem with government efforts to safeguard the

environment has been enforcement at the local level, not with a lack of

laws. Air pollution from vehicle exhaust and industry is a worsening

problem for India. Exhaust from vehicles has increased eight-fold over

levels of twenty years ago; industrial pollution has risen four times

over the same period. The economy has grown two and a half times

over the past two decades but pollution control and civil services have

not kept pace. Air quality is worst in big cities like Kolkata, Delhi,

Mumbai, Chennai, etc. According to the Society of Indian Automobile

Manufacturers, India’s auto production has doubled from 7 million

units in fiscal year 2004 to over 14 million units in fiscal year 2010

largely on the back of a buoyant domestic market. Bangalore holds

the title of being the asthma capital of the country. Studies estimate

that 10 per cent of Bangalore’s 60 lakh population and over 50 per cent

of its children below 18 years suffer from air pollution- related

ailments.

Chennai: Exhaust from vehicles, dust from construction debris,

industrial waste, burning of municipal and garden waste are all on the

rise in the city. So are respiratory diseases, including asthma. At least

six of the 10 top causes of death are related to respiratory disease, says

Dr D Ranganathan, director (in-charge), Institute of Thoracic Medicine.

 

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Mumbai: Not only are levels of Suspended Particulate Matter above

permissible limits in Mumbai, but the worst pollutant after vehicular

emissions has grown at an alarming rate. The levels of Respirable

Suspended Particulate Matter (RSPM), or dust, in Mumbai’s air have

continued to increase over the past three years. The air pollution in

Mumbai is so high that Mumbai authorities have purchased 42,000

liters of perfume to spray on the city’s enormous waste dumps at

Deonar and Mulund landfill sites after people living near the landfill

sites complained of the stench. The Deonar landfill site, one of India’s

largest, was first used by the British in 1927. Today, the festering pile

covers more than 120 hectares and is eight stories high. Bhopal gas

tragedy was the greatest industrial disaster in the world that took place

at a Union Carbide pesticide plant in the Indian city of Bhopal,

Madhya Pradesh. On 3 December 1984, the plant accidentally released

methyl isocyanate (MIC) gas, exposing more than 500,000 people to

MIC and other chemicals. The first official immediate death toll was

2,259. 25,000 have since died from gas-related diseases, making it the

deadliest man-made environmental disaster in history. On July 14,

2010 Chlorine gas leaked from the Sewri industrial area on land owned

by the Mumbai Port Trust and nearly 76 people were treated in

hospital.

The effects of air pollution are obvious, price crop yields in southern

India are falling as brown clouds block out more and more sunlight.

 

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And the brilliant white of the famous Taj Mahal is slowly fading to a

sickly yellow. In the “Tajmahal Case” a very strong step was taken by

Supreme Court to save the Tajmahal being polluted by fumes and

more than 200 factories were closed down.

Studies conducted by the high altitude zoology field station of the

Zoological Survey of India (ZSI) based in Solan town of Himachal

Pradesh have recorded a drastic fall in butterfly numbers in the

western Himalayas, famous for their biodiversity.

The population of 50 percent of the 288 species recorded in the western

Himalayas, comprising areas of Himachal Pradesh and Jammu and

Kashmir, have declined more than half in just 10 years,' Avtar Kaur

Sidhu, a scientist with the field station, told IANS on World

Environment Day 2010. We noticed a large number of dead butterflies

on the Khardung La (the world's highest motorable road in Ladakh)

during one of our visits. It was primarily due to a rise in vehicular

traffic by the tourists,' she said.

Ambient air quality: The Central Pollution Control Board (CPCB),

which was constituted as the statutory organization in 1974, has

established the National Air Quality Monitoring Program (NAMP) to

determine the air quality status and trends in various cities of the

country. At present, three criteria air pollutants – sulphur dioxide

(SO2), nitrogen dioxide (NO2), and fine particulate matter (PM 10) –

are regularly monitored at 411 stations across 167 cities in the country.

 

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Apart from these pollutants, limited monitoring of other pollutants

such as PM 2.5, ammonia, ozone, hydrocarbons (benzene, toluene,

xylene), poly-aromatic hydrocarbons (PAHs), and heavy metals (e.g.

lead), is carried out at select locations in some cities.

Aircraft pollutants: According to a study published in the journal

Environmental Science and Technology (EST) in the first week of

October 2010, almost 8,000 people will die due to aircraft pollutants

this year, and 3,500 of them would be from India and China. A recent

report by Massachussets Institute of Technology (MIT) researchers says

that the harmful pollutants emitted by an aircraft at an altitude of

35,000ft are fatal for people. The report says that nitrogen and sulphur

oxides emitted by aircraft at approximately 35,000ft combine with

other gases in the atmosphere to create noxious particulate matter.

Water pollution: Attention for water pollution exploded in the 1980s.

The oil spill of the Exxon Valdez showed many around the world just

how horrible the effects of water pollution could be. However, even the

Exxon Valdez spill barely touched the surface of the problem of water

pollution. The ship spilt only 5% of the oil spilt that year, and oil is just

one of many pollutants that people dump into the water every year.

Every year, 14 billion pounds of sewage, sludge, and garbage are

dumped into the world’s oceans. 19 trillion gallons of waste also enter

the water annually. The problem of ocean pollution affects every

nation around the world. This is especially true because water is able

 

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to transport pollution from one location to another. For many years,

chemicals were dumped into bodies of water without concern. While

many countries have now banned such behavior, it continues to go on

today. As the world has industrialized and its population has grown,

the problem of water pollution has intensified. The simple fact that

millions of people live along coastlines and near rivers means that

these bodies of water are likely candidates for heavy and destructive

pollution. It is hard to know now what our oceans will look like in the

future. Just how damaged they will be by pollution is uncertain.

Rain Forest Destruction: The atmosphere and oceans are not the only

parts of the environment being damaged. Rain forests are being

quickly destroyed as well, and their survival is questionable. E.O.

Wilson, a biologist at Harvard, called the depletion of rain forest areas

“the greatest extinction since the end of the age of dinosaurs.” Unlike

some environmental issues, rain forest depletion has fortunately

received significant public and media attention. Despite the opposition

to the cutting down of rain forests, the problem continues. Every year,

Brazil chops down an area of forest the size of the state of Nebraska. In

addition to the Amazon’s rain forests, many other forests are being cut

down as well. In Indonesia, Zaire, Papua-New Guinea, Malaysia,

Burma, the Philippines, Peru, Colombia, Bolivia, and Venezuela, rain

forests that were once great have been lost. According to some

estimates, 50 million acres of rain forest are cut down every year. The

 

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United Nations says the figure is closer to 17 million acres. The World

Wildlife Fund says that every minute, 25 to 50 acres are cut or burned

to the ground. The world’s growing population has been a primary

cause of rain forest destruction. More people need land to live on and

wood products to consume. Limiting population growth may be the

first in a series of steps that would limit the destruction of the rain

forests.

The World Health Organization estimates that about two million

people die prematurely every year as a result of air pollution, while many

more suffer from breathing ailments, heart disease, lung infections and even

cancer. Fine particles or microscopic dust from coal or wood fires and

unfiltered diesel engines are rated as one of the most lethal forms or air

pollution caused by industry, transport, household heating, cooking and

ageing coal or oil-fired power stations. There are four reasons of air pollution

are - emissions from vehicles, thermal power plants, industries and refineries.

The problem of indoor air pollution in rural areas and urban slums has

increased.

India’s environmental problems are exacerbated by its heavy reliance

on coal for power generation. "More than 80 per cent of energy is produced

from coal, a fuel that emits a high amount of carbon and greenhouse gases."

said Bikash Sinha professor of the department of atomic energy, on October 6,

2010. According to him, coal pollution kills more than 300,000 people every

year.

 

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India's expanding steel production will be largely driven by sponge

iron. But its manufacturing process, based on coal, is highly polluting. The

repercussions are already visible near sponge iron factories which have

mushroomed in iron ore- and coal-rich areas. People are protesting loudly,

and in some cases even violently. CENC director R C Sinha pointed out that

as many as eight lakh people in Asia were dying every year due to air

pollution. Unprecedented increase in the number of motor vehicles with

inferior technology, poor maintenance and inferior quality of fuel have

aggravated the problem of air pollution,

REGULATORY FRAMEWORKS: KEY INITIATIVES

A number of important initiatives were launched or given renewed

impetus. Some salient initiatives are described below.

1Climate Change

Announced India’s intent to reduce the emissions intensity of its

GDP by 20%–25% between 2005 and 2020, thus making a major

contribution to mitigating climate change.

Expert Group on Low Carbon Strategy for Inclusive Growth

established/set-up under the Planning Commission to develop a

roadmap for low-carbon development.

2. Compensatory Afforestation Management (CAMPA)

The Supreme Court directed creation of a Compensatory Afforestation

Fund, in which all funds received from user agencies towards compensatory

afforestation were to be deposited. However for seven years between 2002

 

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and 2009 the fund could not be accessed by any of the states because of a

disagreement on the manner of its disbursement:

To resolve the deadlock the MoEF moved the Supreme Court to

give effect to an adhoc CAMPA authority that would in the interim

period monitor discharge and monitor the use of funds. It was

agreed that ultimately this body would give over control to the

state CAMPAs.

By the end of January 2010, following national level sessions on the

disbursement and use of CAMPA, 22 states/UTs have

operationalised their accounts.

Out of the received amounts of approximately 13,000 crore in the ad

hoc CAMPA, the state CAMPAs have so far been allocated

approximately Rs 1000 crore.

3. Coastal Regulation Zone

The MoEF has drafted comprehensive amendments to the Coastal

Regulation Zone Notification of 1991. These amendments seek to improve the

present provisions for protection and regulation for the use of the land within

500m of the coast and 100m along the tidal influenced water bodies.

The Minister E&F chaired national level consultations across

various coastal states to hear the concerns of the all affected

stakeholders. A committee was also constituted under the

chairmanship of Dr. MS Swaminathan to address the shortcomings

in the 1991 Notification.

 

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The MoEF has thereafter prepared a comprehensive set of

amendments to strengthen the CRZ Notification, 1991. Special

protection status has been given to Navi Mumbai and Greater

Mumbai, Kerala, Sunderbans and Goa.

The Draft Notification is currently on the Ministry’s website,

available in various languages, to elicit comments and views from

the general public.

At the same time a major programme—Integrated Coastal Zone

Management Project—is being launched with the support of the

World Bank. This envisages spending Rs 1155 crore over a period of

five years for mapping the national coastal hazard line, and setting

up of a Centre for Sustainable Coastal Zone Management in

Chennai. The Project will also undertake pilot projects in coastal

zone management in Gujarat, West Bengal and Orissa.

6. Pollution Control

The MoEF developed a Comprehensive Environmental Pollution

Index (CEPI), for environmental assessment of 88 industrial clusters

in the country, as part of a study by the Central Pollution Control

Board (CPCB). CEPI, which combines effects of air, water and soil

pollution, is intended to be used as early warning tool for

categorizing industrial clusters/areas in terms of severity of overall

pollution levels. Based on this assessment, 43 industrial clusters

have been identified as critically polluted. Preparation of action

 

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plans for remediation of these critically polluted clusters is in

progress.

Revised National Ambient Air Quality Standards 2009 were

released by the Ministry. As per these norms, the residential and

industrial areas will have the same standards. The new standards

include limits for benzene, ozone, benzo(a) pyrene, arsenic, nickel

and ammonia which were not covered in 1994 standards.

8. Renewed Impetus to Science

The MoEF was envisaged as a science-based Ministry. Over the years, its

scientific focus has been eroded. This is now being renewed. A number of

initiatives have been put in place this year.

A Global Advisory Network Group on Environmental Sciences

(GANGES), a new forum, comprising the world’s leading

environmental scientists of Indian origin, established to advise the

Government of India on the country’s environmental sciences

agenda.

A National Environmental Sciences Fellows Programme, to provide

our most promising young scientists the opportunity to do cutting

edge research on critical environmental issues in collaboration with

leading institutes and scientists in India and the world. This will

help create a cadre of top class Indian nvironmental scientists for

the future.

 

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An Expert Committee to Enhance the Scientific Capacity of MoEF,

to take a fresh look at the scientific manpower and infrastructure in

the Ministry so that they remain cutting edge.

An Action Plan to enhance Forestry Sciences, following a special

meeting of the Minister with over 100 Indian Forest Service Officers

with PhDs. A number of decisions related to upgrading the

scientific capabilities of India’s forestry establishment were taken.

9. Western Ghats

Given the environmental sensitivity and ecological significance of

the Western Ghats region and the complex interstate nature of its

geography, as well as the possible impacts of climate change on this

region, the Ministry has constituted the Western Ghats Ecology

Expert Panel under the chairmanship of Prof. Madhav Gadgil. The

Panel will assess the current status of ecology of the Western Ghats

region, demarcate areas which need to be notified as ecologically

sensitive zones, and recommend the modalities for the

establishment of the Western Ghats Ecology Authority under the

Environment (Protection) Act, 1986 which will be a professional

body to manage the ecology of the region and to ensure its

sustainable development with the support of all concerned states.

Convened a meeting of MPs from the Western Ghats on 4 March

2010 and agreed to set up a Parliamentary Forum in the Western

Ghats.

 

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10. Himalayas

Launched Phase II of the Himalayan Snow and Glacier Monitoring

Programme, through the Space Application Centre, Ahmedabad, to

continue the monitoring of seasonal snow cover for the entire

Himalayas and monitoring the retreat /advance of the glaciers in

representative basins.

Released the Report titled ‘Governance for Sustaining Himalayan

Ecosystem (G-SHE): Guidelines and Best Practices’, putting

together key guidelines related to the overnance and management

of the Himalayan ecosystem, along with case studies. A meeting of

Chief Ministers of Himalayan states was also held.

Released a Discussion Paper titled ‘Himalayan Glaciers: A State-of-

Art Review of Glacial Studies, Glacial Retreat and Climate Change’

which summarizes the state of knowledge on Himalayan glaciers.

11. Sundarbans

The Sundarbans would be a key component of the proposed

Integrated Coastal Zone Management Project, with an allocation of

Rs 191.20 crore for various initiatives in the region. These include

allocations for ecotourism, coastal erosion protection, livelihood

improvement of village communities, and construction of cyclone

shelters.

Indo-Bangladesh Forum on the Sundarbans is being established to

jointly address issues of the region, recognizing that the entire

 

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Sundarbans region is one ecosystem — 40 per cent of which is in

India and the remaining 60 per cent in Bangladesh.

12. Transparency in environmental and forestry clearances

There has been a determined effort to bring greater transparency

and professionalism in the granting of environmental and forestry

clearances. The status of all pending cases is now available with

relevant details on the MoEF website. Environmental appraisal

committees have been reconstituted to ensure that there is no

conflict of interest. Regular monitoring of pending cases in crucial

sectors is taking place with the ministries concerned. This is already

having impact.

Fourteen strategic defence roads have been given final forest

approval, another 11 have been given first-stage approval and a

further 10 have been cleared by the Standing Committee of the

National Board for Wildlife.

Coal mining projects will get environmental approval based on the

ultimate production capacity thereby obviating the need for

repeated clearances when expansion takes place.

A system of mandatory accreditation of EIA/EMP consultants has

been introduced by the MoEF to improve the quality of impact

assessment reports submitted by project proponents.

 

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14. Wildlife

Tripartite MoUs with all tiger states, to ensure reciprocal

commitments to address ecological and administrative issues have

been signed, with the Central and State Governments and Field

Directors as signatories with clear responsibilities.

Guidelines for the Special Tiger Protection Force have been revised

to include role for local communities in protection and conservation

of tiger reserves.

In principle approval for four new Project Tiger Reserves has been

granted – Ratapani (MP), Sunabeda (Orissa), Pilibhit (UP) and

Sahyadiri (Maharashtra).

Special crack-teams have been sent for improving the status of tiger

reserves affected by left wing extremism.

Tiger Net, a website for real time monitoring of tiger- related crime

has been launched and all such information is being put in the

public domain.

Several steps taken to strengthen the Wildlife Crime Control Bureau

(WCCB) and increased resources have been provided for the

organization.

Environmental health information

The Toxicology and Environmental Health Information Program

(TEHIP) at the United States National Library of Medicine (NLM) maintains a

comprehensive toxicology and environmental health web site that includes

 

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access to resources produced by TEHIP and by other government agencies

and organizations. This web site includes links to databases, bibliographies,

tutorials, and other scientific and consumer-oriented resources. TEHIP also is

responsible for the Toxicology Data Network an integrated system of

toxicology and environmental health databases that are available free of

charge on the web.

Regulation and monitoring

To protect the environment from the adverse effects of pollution, many

nations worldwide have enacted legislation to regulate various types of

pollution as well as to mitigate the adverse effects of pollution.

Towards Pollution Control

Pollution control is a term used in environmental management. It means

the control of emissions and effluents into air, water or soil. Without pollution

control, the waste products from consumption, heating, agriculture, mining,

manufacturing, transportation and other human activities, whether they

accumulate or disperse, will degrade the environment. In the hierarchy of

controls, pollution prevention and waste minimization are more desirable

than pollution control.

Greenhouse gases and global warming: - Carbon dioxide, while vital

for photosynthesis, is sometimes referred to as pollution, because raised levels

of the gas in the atmosphere are affecting the Earth’s climate. Disruption of

the environment can also highlight the connection between areas of pollution

that would normally be classified separately, such as those of water and air.

 

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Recent studies have investigated the potential for long-term rising levels of

atmospheric carbon dioxide to cause slight but critical increases in the acidity

of ocean waters, and the possible effects of this on marine ecosystems.

It is worth mentioning that a number of legislations are enacted so far

for protecting environment.

It is worth mentioning that Indian constitution is one of the first in the

world to recognize the importance of environmental conservation. The

Constitution directs the “State to take measures to protect and improve the

environment and to safeguard the environmental quality”. It also makes it a

fundamental duty of every citizen to protect and improve the natural

environment including forests, lakes, rivers and wildlife.

Legislation for Environmental Protection in India

Over the years, together with a spreading of environmental

consciousness, there has been a change in the traditionally-held perception

that there is a trade-off between environmental quality and economic growth

as people have come to believe that the two are necessarily complementary.

The current focus on environment is not new—environmental considerations

have been an integral part of the Indian culture. The need for conservation

and sustainable use of natural resources has been expressed in Indian

scriptures, more than three thousand years old and is reflected in the

constitutional, legislative and policy framework as also in the international

commitments of the country. Even before India’s independence in 1947,

several environmental legislation existed but the real impetus for bringing

 

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about a well-developed framework came only after the UN Conference on the

Human Environment (Stockholm, 1972). Under the influence of this

declaration, the National Council for Environmental Policy and Planning

within the Department of Science and Technology was set up in 1972. This

Council later evolved into a full-fledged Ministry of Environment and Forests

(MoEF) in 1985 which today is the apex administrative body in the country

for regulating and ensuring environmental protection. After the Stockholm

Conference, in 1976, constitutional sanction was given to environmental

concerns through the 42nd Amendment, which incorporated them into the

Directive Principles of State Policy and Fundamental Rights and Duties. Since

the 1970s an extensive network of environmental legislation has grown in the

country. The 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. A policy

framework has also been developed to complement the legislative provisions.

The Policy Statement for Abatement of Pollution and the National

Conservation Strategy and Policy Statement on Environment and

Development were brought out by the MoEF in 1992, to develop and promote

initiatives for the protection and improvement of the environment. The EAP

(Environmental Action Programme) was formulated in 1993 with the

objective of improving environmental services and integrating environmental

considerations in to development programmes.Therefore in order to protect

 

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and preserve environment, the following sector-specific policies have been

evolved by the Govt. of India.

Water: Water quality standards especially those for drinking water are

set by the Indian Council of Medical Research. These bear close resemblance

to WHO standards. The discharge of industrial effluents is regulated by the

Indian Standard Codes and recently, water quality standards for coastal water

marine outfalls have also been specified. In addition to the general standards,

certain specific standards have been developed for effluent discharges from

industries such as, iron and steel, aluminium, pulp and paper, oil refineries,

petrochemicals and thermal power plants. Legislation to control water

pollution is listed below. Water (Prevention and Control of Pollution) Act,

1974 This Act represented India’s first attempts to comprehensively deal with

environmental issues. The Act prohibits the discharge of pollutants into water

bodies beyond a given standard, and lays down penalties for non-compliance.

The Act was amended in 1988 to conform closely to the provisions of the EPA,

1986. It set up the CPCB (Central Pollution Control Board) which lays down

standards for the prevention and control of water pollution. At the State level,

the SPCBs (State Pollution Control Board) function under the direction of the

CPCB and the state government. Water (Prevention and Control of Pollution)

Cess Act, 1977 This Act provides for a levy and collection of a cess on water

consumed by industries and local authorities. It aims at augmenting the

resources of the central and state boards for prevention and control of water

pollution. Following this Act, The Water (Prevention and Control of Pollution)

 

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Cess Rules were formulated in 1978 for defining standards and indications for

the kind of and location of meters that every consumer of water is required to

install.

Air: Air (Prevention and Control of Pollution) Act, 1981 to counter the

problems associated with air pollution, ambient air quality standards were

established, under the 1981 Act. The Act provides means for the control and

abatement of air pollution. The Act seeks to combat air pollution by

prohibiting the use of polluting fuels and substances, as well as by regulating

appliances that give rise to air pollution. Under the Act establishing or

operating of any industrial plant in the pollution control area requires consent

from state boards. The boards are also expected to test the air in air pollution

control areas, inspect pollution control equipment, and manufacturing

processes. National Ambient Air Quality Standards (NAAQS) for major

pollutants were notified by the CPCB in April 1994. These are deemed to be

levels of air quality necessary with an adequate margin of safety, to protect

public health, vegetation and property (CPCB 1995 cited in Gupta, 1999). The

NAAQS prescribe specific standards for industrial, residential, rural and

other sensitive areas. Industry-specific emission standards have also been

developed for iron and steel plants, cement plants, fertilizer plants, oil

refineries and the aluminium industry. The ambient quality standards

prescribed in India are similar to those prevailing in many developed and

developing countries.

 

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To empower the central and state pollution boards to meet grave

emergencies, the Air (Prevention and Control of Pollution) Amendment Act, 1987,

was enacted. The boards were authorized to take immediate measures to

tackle such emergencies and recover the expenses incurred from the

offenders. The power to cancel consent for non-fulfillment of the conditions

prescribed has also been emphasized in the Air Act Amendment.

The Air (Prevention and Control of Pollution) Rules formulated in 1982,

defined the procedures for conducting meetings of the boards, the powers of

the presiding officers, decision-making, the quorum; manner in which the

records of the meeting were to be set etc. They also prescribed the manner

and the purpose of seeking assistance from specialists and the fee to be paid

to them. Complementing the above Acts is the Atomic Energy Act of 1982,

which was introduced to deal with radioactive waste. In 1988, the Motor

Vehicles Act was enacted to regulate vehicular traffic, besides ensuring proper

packaging, labeling and transportation of the hazardous wastes. Various

aspects of vehicular pollution have also been notified under the EPA of 1986.

Mass emission standards were notified in 1990, which were made more

stringent in 1996. In 2000 these standards were revised yet again and for the

first time separate obligations for vehicle owners, manufacturers and

enforcing agencies were stipulated. In addition, fairly stringent Euro I and II

emission norms were notified by the Supreme Court on April 29, 1999 for the

city of Delhi. The notification made it mandatory for car manufacturers to

 

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conform to the Euro I and Euro II norms by May 1999 and April 2000,

respectively, for new noncommercial vehicle sold in Delhi.

Forests and wildlife: The Wildlife (Protection) Act, 1972, Amendment

1991 The WPA (Wildlife Protection Act), 1972, provides for protection to

listed species of flora and fauna and establishes a network of ecologically-

important protected areas. The WPA empowers the central and state

governments to declare any area a wildlife sanctuary, national park or closed

area. There is a blanket ban on carrying out any industrial activity inside these

protected areas. It provides for authorities to administer and implement the

Act; regulate the hunting of wild animals; protect specified plants,

sanctuaries, national parks and closed areas; restrict trade or commerce in

wild animals or animal articles; and miscellaneous matters. The Act prohibits

hunting of animals except with permission of authorized officer when an

animal has become dangerous to human life or property or as disabled or

diseased as to be beyond recovery (WWF-India, 1999). The near-total

prohibition on hunting was made more effective by the Amendment Act of

1991.

The Forest (Conservation) Act, 1980: This Act was adopted to protect and

conserve forests. The Act restricts the powers of the state in respect of de-

reservation of forests and use of forestland for non-forest purposes (the term

‘non-forest purpose’ includes clearing any forestland for cultivation of cash

crops, plantation crops, horticulture or any purpose other than re-

afforestation).

 

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General Environment (Protection) Act, 1986 (EPA): This Act is an

umbrella legislation designed to provide a framework for the coordination of

central and state authorities established under the Water (Prevention and

Control) Act, 1974 and Air (Prevention and Control) Act, 1981.Under this Act,

the central government is empowered to take measures necessary to protect

and improve the quality of the environment by setting standards for

emissions and discharges; regulating the location of industries; management

of hazardous wastes, and protection of public health and welfare. From time

to time the central government issues notifications under the EPA for the

protection of ecologically-sensitive areas or issues guidelines for matters

under the EPA.

There are following notifications issued under this Act:

Doon Valley Notification (1989), which prohibits the setting up of an

industry in which the daily consumption of coal/fuel is more than 24 MT

(million tonnes) per day in the Doon Valley.

Coastal Regulation Zone Notification (1991), which regulates activities

along coastal stretches. As per this notification, dumping ash or any other

waste in the CRZ is prohibited. The thermal power plants (only foreshore

facilities for transport of raw materials, facilities for intake of cooling water

and outfall for discharge of treated waste water/cooling water) require

clearance from the MoEF.

Dhanu Taluka Notification (1991), under which the district of Dhanu

Taluka has been declared an ecologically fragile region and setting up power

 

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plants in its vicinity is prohibited. Revdanda Creek Notification (1989), which

prohibits setting up industries in the belt around the Revdanda Creek as per

the rules laid down in the notification.

The Environmental Impact Assessment of Development Projects Notification,

(1994 and as amended in 1997). As per this notification:

All projects listed under Schedule I require environmental clearance

from the MoEF.

Projects under the delicenced category of the New Industrial Policy

also require clearance from the MoEF.

All developmental projects whether or not under the Schedule I, if

located in fragile regions must obtain MoEF clearance.

Industrial projects with investments above Rs 500 million must obtain

MoEF clearance and are further required to obtain a LOI (Letter Of Intent)

from the Ministry of Industry, and an NOC (No Objection Certificate) from

the SPCB and the State Forest Department if the location involves forestland.

Once the NOC is obtained, the LOI is converted into an industrial license by

the state authority.

The notification also stipulated procedural requirements for the

establishment and operation of new power plants. As per this notification,

two-stage clearance for site-specific projects such as pithead thermal power

plants and valley projects is required. Site clearance is given in the first stage

and final environmental clearance in the second. A public hearing has been

 

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made mandatory for projects covered by this notification. This is an important

step in providing transparency and a greater role to local communities.

Ash Content Notification (1997), required the use of beneficiated coal

with ash content not exceeding 34% with effect from June 2001, (the date later

was extended to June 2002). This applies to all thermal plants located beyond

one thousand kilometres from the pithead and any thermal plant located in

an urban area or, sensitive area irrespective of the distance from the pithead

except any pithead power plant.

Taj Trapezium Notification (1998), provided that no power plant could

be set up within the geographical limit of the Taj Trapezium assigned by the

Taj Trapezium Zone Pollution (Prevention and Control) Authority.

Disposal of Fly Ash Notification (1999) the main objective of which is to

conserve the topsoil, protect the environment and prevent the dumping and

disposal of fly ash discharged from lignite-based power plants. The salient

feature of this notification is that no person within a radius of 50 km from a

coal-or lignite-based power plant shall manufacture clay bricks or tiles

without mixing at least 25% of ash with soil on a weight-to-weight basis. For

the thermal power plants the utilization of the fly ash would be as follows:

Every coal-or lignite-based power plant shall make available ash for at

least ten years from the date of publication of the above notification without

any payment or any other consideration, for the purpose of manufacturing

ash based products such as cement, concrete blocks, bricks, panels or any

 

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other material or for construction of roads, embankments, dams, dykes or for

any other construction activity.

Every coal or lignite based thermal power plant commissioned subject

to environmental clearance conditions stipulating the submission of an action

plan for full utilization of fly ash shall, within a period of nine years from the

publication of this notification, phase out the dumping and disposal of fly ash

on land in accordance with the plan.

Rules for the Manufacture, Use, Import, Export and Storage of

Hazardous Microorganisms/

Genetically Engineered Organisms or Cell was introduced in 1989 with the

view to protect the environment, nature and health in connection with gene

technology and micro-organisms, under the Environmental Protection Act,

1986. The government in 1991 further decided to institute a national label

scheme for environmentally-friendly products called the ‘ECOMARK’. The

scheme attempts to provide incentives to manufactures and importers to

reduce adverse environmental impacts, reward genuine initiatives by

companies, and improve the quality of the environment and sustainability of

available resources. Besides the above attempts, notifications pertaining to

Recycled Plastics Manufacture and Usage Rules, 1999 were also incorporated

under the Environment (Protection) Act of 1986. The Environment

(Protection) Rules, 1986

These rules lay down the procedures for setting standards of emission

or discharge of environmental pollutants. The Rules prescribe the parameters

 

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for the Central Government, under which it can issue orders of prohibition

and restrictions on the location and operation of industries in different areas.

The Rules lay down the procedure for taking samples, serving notice,

submitting samples for analysis and laboratory reports. The functions of the

laboratories are also described under the Rules along with the qualifications

of the concerned analysts. The National Environment Appellate Authority

Act, 1997 This Act provided for the establishment of a National Environment

Appellate Authority to hear appeals with respect to restriction of areas in

which any industry operation or process or class of industries, operations or

processes could not carry out or would be allowed to carry out subject to

certain safeguards under the Environment (Protection) Act, 1986. In addition

to these, various Acts specific to the coal sector have been enacted. The first

attempts in this direction can be traced back to the Mines Act, 1952, which

promoted health and safety standards in coal mines. Later the Coal Mines

(Conservation and Development) Act (1974) came up for conservation of coal

during mining operations. For conservation and development of oil and

natural gas resources a similar legislation was enacted in 1959.

Hazardous wastes: There is several legislation that directly or indirectly

deal with hazardous waste. The relevant legislation is the Factories Act, 1948,

the Public Liability Insurance Act, 1991, the National Environment Tribunal

Act, 1995 and some notifications under the Environmental Protection Act of

1986. A brief description of each of these is given below. Under the EPA 1986,

 

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the MoEF has issued several notifications to tackle the problem of hazardous

waste management. These include:

Hazardous Wastes (Management and Handling) Rules, 1989, which

brought out a guide for manufacture, storage and import of hazardous

chemicals and for management of hazardous wastes.

Biomedical Waste (Management and Handling) Rules, 1998, were

formulated along parallel lines, for proper disposal, segregation, transport etc.

of infectious wastes.

Municipal Wastes (Management and Handling) Rules, 2000, whose aim to

enable municipalities to dispose municipal solid waste in a scientific manner.

Hazardous Wastes (Management and Handling) Amendment Rules, 2000, a

recent notification issued with the view to providing guidelines for the import

and export of hazardous waste in the country.

Factories Act, 1948 and its Amendment in 1987:-The Factories Act, 1948

was a post-independence statute that explicitly showed concern for the

environment. The primary aim of the 1948 Act has been to ensure the welfare

of workers not only in their working conditions in the factories but also their

employment benefits. While ensuring the safety and health of the workers,

the Act contributes to environmental protection. The Act contains a

comprehensive list of 29 categories of industries involving hazardous

processes, which are defined as a process or activity where unless special care

is taken, raw materials used therein or the intermediate or the finished

products, by-products, wastes or effluents would cause material impairment

 

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to health of the persons engaged Result in the pollution of the general

environment

Public Liability Insurance Act (PLIA), 1991: The Act covers accidents

involving hazardous substances and insurance coverage for these. Where

death or injury results from an accident, this Act makes the owner liable to

provide relief as is specified in the Schedule of the Act. The PLIA was

amended in 1992, and the Central Government was authorized to establish

the Environmental Relief Fund, for making relief payments. National

Environment Tribunal Act, 1995 The Act provided strict liability for damages

arising out of any accident occurring while handling any hazardous substance

and for the establishment of a National Environment Tribunal for effective

and expeditious disposal of cases arising from such accident, with a view to

give relief and compensation for damages to persons, property and the

environment and for the matters connected therewith or incidental thereto.

The Gazette of India on 19 July 2000 notified rules for regulation of

ODS phase-out called the Ozone Depleting Substances (Regulation and Control)

Rules, 2000. They were notified under the Environment (Protection) Act, 1986.

These rules were drafted by the MoEF following consultations with industries

and related government departments.

Basel Convention on Transboundary Movement of Hazardous Wastes, 1989

Basel Convention, which entered into force in 1992, has three key objectives:

To reduce transboundary movements of hazardous wastes;

To minimize the creation of such wastes; and

 

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To prohibit their shipment to countries lacking the capacity of

dispose hazardous wastes in an environmentally sound manner.

India ratified the Basel Convention in 1992, shortly after it came into force.

The Indian Hazardous Wastes Management Rules Act 1989 encompasses

some of the Basel provisions related to the notification of import and export of

hazardous waste, illegal traffic, and liability.

Activities Undertaken by NGO’s:

NGO plays a vital role in Environment protection. There are following

activities undertaken by NGOs (Chitra)

Solid waste management

This includes both municipal solid waste and bio-medical wastes. Civic

Exnoras play a major role in assisting the Municipal Corporation in the

collection of garbage from individual households and the deposition of the

same in secondary collection points by appointing street beautifiers in the

concerned areas. With its experience over the years, Exnoras has realized that

this was merely a relocation of waste rather than management of solid wastes.

Zero waste management

NGO’s have now started focusing its efforts on the concept of Zero

Waste Management, by which practically all wastes can be converted into

wealth through recycling. Exnora is also addressing the problem of handling

and disposal of bio- medical wastes, and is trying to find a solution beneficial

to all concerned.

 

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Citizens' Waterways Monitoring Programme (WAMP)

This programme was started with the sole purpose of developing clean

and pollution free waterways in cities and for creating a healthy living

environment for all city dwellers. WAMP was formed in 1991, as a joint

programme with several NGOs and individuals dedicated to the cause of

developing clean waterways in the city. The WAMP objectives are:

1. To stop pollution of waterways

2. To maintain the waterways of the city cleanly

A series of meetings were conducted with various governmental agencies,

which has resulted in the drafting of a detailed action plan. If the Government

and the public implements plan properly, this will result in achievement of

clean waterways.

Community Sanitation Improvement Projects

Inadequate sanitation facilities are a major problem to human health,

especially so in the neglected low- income areas and slum settlements. NGO’s

concept of self- help is best displayed by the community sanitation

improvement projects in these areas. Two of the most successful projects have

been at the at Narikkurava (Gypsy) Colony in Indira Nagar, Chennai and at

Giriappa Road in T. Nagar, Chennai.

Student Environment Programme (STEP)

This program has a dual role - of creating environmental awareness

amongst the student community and to develop each child's mind resources

through various personality development programs. A teachers' manual and

 

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an activity book that have been brought out as a part of this program are

designed in the `do-and learn' format and provide an easy understanding of

the problems faced by us and at the same time kindles the mind to find

remedial measures.

Tree Planting

The Civic Exnoras in the city have been instrumental in planting trees

for the purpose of beautification of roads, parks, playgrounds, burial grounds,

etc., with the larger perspective of environmental protection.

Vegetable Roof Gardening

With agricultural land shrinking rapidly and deforestation rates

rocketing, urban agriculture is the need of the hour. Exnora has been

propagating and training youth in setting up and maintaining vegetable roof

gardens in households of Tamil Nadu. The organisation is closely working

with the Tamil Nadu Horticulture and Agriculture Departments on this

project.

Rain Harvesting

NGO’s have propagated the system of rain harvesting in several

residential areas in the city with the aim of exploiting one or another

important water source, viz., and rainwater. Many cities suffer from perennial

water problems every summer and therefore it is important that all avenues

of water source be tapped. By using simple and inexpensive techniques the

NGO (Exnora) has arrived at a method to conserve a large part of the 110 cms

 

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of rain that we receive annually. A Water Conservation Committee

constituted in Chennai by Metro Water Supply and Sewerage Board Exnora is

a core member.

AIDS Awareness

NGOs are working diligently to educate the public about the

prevention of AIDS and provide support and counseling for HIV- infected

persons. The additional dangers of placing value judgments on how

individuals became HIV-positive is one of the toughest issues facing NGOs

that work with people who are HIV positive. One key in the prevention of

AIDS is to eliminate negative images of HIV-infected persons as projected by

the media. NGOs should work toward educating the public to respect the

dignity of all persons living with HIV, regardless of how they became

infected.

Pollution Control

The task of pollution control in India is complex due to the large

number of heavy, large and small-scale industries involved. Further, the rise

in the number of vehicles coupled with poverty and the large population puts

tremendous pollution pressure on air, water and land. A comprehensive

approach to pollution control is being undertaken based on the following

principles:

1. Prevent pollution at source.

2. Encourage, develop and apply the best available practicable technical

solution

 

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3. Ensure that polluter pays for pollution and control arrangements.

4. Focus on protection of heavily polluted areas and river stretches.

5. Involve the NGO’s in educating the public about pollution control

measures to be taken.

Noise Pollution

Noise pollution has become a major problem in the metropolitan cities

and in other urban areas. With a view to regulate and control noise producing

and generating sources, the Ministry of Environment and Forests has notified

the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment

(Protection) Act 1986, for prevention and control of noise pollution in the

country.

Air Pollution

The sources of Air Pollution are industries like thermal power plants,

sugar mills, distilleries, paper mills etc. Vehicular emissions are another

source of air pollution. The Environment (Protection) Act, 1986 has classified

the industries as red, orange and green depending on the degree of pollution

caused by them. It further specifies the various pollution control measures to

be adopted by these industries.

Water Pollution

The rivers of India are part of its cultural heritage. Over the years, the

quality of the water has deteriorated due to the uncontrolled release of

effluents by industries into the rivers. A National River Conservation Plan

(NRCP), which includes second phase of GAP also, has been formulated

 

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which aims to control the pollution of grossly polluted rivers of the country.

A National River Conservation Authority has been setup to review the

implementation of the programmes related to cleaning of rivers. The NRCP

covers 141 towns located along 22 interstate rivers in 14 states. The total cost

of the scheme is Rs.2013 crores. A National Lake Conservation Plan

envisaging the conservation of lakes by prevention of pollution by catchments

area treatment, desalting, weed control, based on the integrated water shed

development approach is under implementation.

NGO’s Role in Pollution Control

The success of India’s environmental programmes depends greatly on

the awareness and consciousness of the people. A National Environmental

Awareness Campaign has been launched to sensitize people to the

environmental problems through audio –visual programmes, seminars,

symposia, training programmes etc. Paryavaran Vahinis have been

constituted in 184 districts involving the local people to play an active role in

preventing poaching, deforestation and environmental pollution. 4000 NGOs

have been given financial assistance for creating environmental awareness.

An Environmental Information System (ENVIS) network has been setup to

disseminate information on environmental issues. India has a large network

of NGO’s, which are involved in spreading the message of sustainable

development to the public.

 

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Institutions Involved in Environmental Activities

Environmental Training Institute

An integrated effort is required in environmental planning

management and action. Interdisciplinary understanding, cooperation and

coordination and increased public participation and support are important

components in the process towards sustainable development. To move

towards Sustainable Development, DANIDA has prepared a project

document for establishing "Environmental Training Institute" in Tamil Nadu.

A side letter was signed between Government of India, Ministry of Finance

and the Kingdom of Denmark with a Danish grant of DKR 9.961 million.

Government of Tamil Nadu has also given concurrence for setting up the

Environmental Training Institute in Tamil Nadu with DANIDA assistance.

Accordingly, the Environmental Training Institute was established in the year

1994. ETI is a common platform that offers training to pollution control board

staff, industries, the urban sector as well as NGOs. Over the years the institute

has conducted 124 Technical programmes, involving over 1965 participants

and 36 special Environmental awareness programmes have been conducted

for NGOs, Govt. Officials, Professionals, Universities and Educational

Institutions. There are many similar Environmental Training Institutes that

have been established by the government in various states.

Tata Research Institute

The Tata Energy Research Institute (TERI) has launched a major

project, the first phase of which is nearing completion. This project called

 

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"Growth with Resource Enhancement of Environment and Nature (GREEN

India 2047)" has rigorously estimated the reduction in India's key natural

resources during the period 1947-97, and has computed economic values of

consequent losses, which in some cases are alarmingly high. On the basis of

past experience and a careful analysis of the cost behind the degradation that

has taken place in the past, strategies for the future have been developed,

whereby a fresh and creative approach can be taken in the next 50 years. In

the case of indoor air pollution, the major reason lies in the fact that the

poorest sections of society are still dependent on low-grade biomass energy

resources. As a result, women and children in particular are exposed to long

hours of harmful emissions, which lead to a number of health problems

including heart disease, pregnancy related problems and various upper

respiratory diseases. The solution to such a problem will be larger production

of biomass for increasing the availability of good quality fuel wood, and the

development and use of superior technologies in its conversion and end- use.

The use of modern biotechnology techniques, for instance, provides the only

means to enhance production of biomass under soil and climatic conditions

that have traditionally not been conducive to high growth. Concurrently,

efforts to produce methane or other gases from organic matter, such that they

can lead to clean combustion for cooking purposes poses not only a major

scientific opportunity, but also a challenge in a managerial and organizational

sense The highest level of scientific expertise should be directed to the

solution of this problem. Of course, the benefits of innovative solutions in this

 

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area would be confined not to India only, but would be of direct relevance to

several other developing countries where inferior biomass fuels are used on a

significant scale.

Corporate Social Responsibility

In addition to complying with regulatory standards and norms,

industries have to adopt clean technologies and bring about implementation

in management practices. This measure has been agreed upon on the

understanding that a bank guarantee would be furnished by the concerned

units indicating the commitment to the action plan. However, this is without

any prejudice to the stipulations made in the existing standards and action

already taken/initiated for non-compliance and area-specific requirements

warranting stringent actions. The industrial units which are not complying

with the national standards notified under the Environment (Protection)

Act, 1986, will submit an action plan to meet the standards and bank

guarantee to the respective State Pollution Control Board within 3 months (by

Dec 2003).

International agreements on environmental Issues

India is signatory to a number of multilateral environment agreements

(MEA) and inventions. An overview of some of the major MEAs and India’s

obligations under these is presented below. Convention on International Trade

in Endangered Species of wild fauna and flora (CITES), 1973 the aim of CITES is to

control or prevent international commercial trade in endangered species or

products derived from them. CITES does not seek to directly protect

 

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endangered species or curtail development practices that destroy their

habitats. Rather, it seeks to reduce the economic incentive to poach

endangered species and destroy their habitat by closing off the international

market. India became a party to the CITES in 1976. International trade in all

wild flora and fauna in general and species covered under CITES is regulated

jointly through the provisions of The Wildlife (Protection) Act 1972, the

Import/Export policy of Government of India and the Customs Act 1962

(Bajaj,1996).

UN Framework Convention on Climate Change (UNFCCC), 1992

The primary goals of the UNFCCC were to stabilize greenhouse gas

emissions at levels that would prevent dangerous anthropogenic interference

with the global climate. The convention embraced the principle of common

but differentiated responsibilities which has guided the adoption of a

regulatory structure.

India signed the agreement in June 1992, which was ratified in

November 1993. As per the convention the reduction/limitation requirements

apply only to developed countries. The only reporting obligation for

developing countries relates to the construction of a GHG inventory. India

has initiated the preparation of its First National Communication (base year

1994) that includes an inventory of GHG sources and sinks, potential

vulnerability to climate change, adaptation measures and other steps being

taken in the country to address climate change. The further details on UNFCC

and the Kyoto Protocol are provided in Atmosphere and climate chapter.

 

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Convention on Biological Diversity, 1992

The Convention on Biological Diversity (CBD) is a legally binding,

framework treaty that has been ratified until now by 180 countries. The CBD

has three main thrust areas: conservation of biodiversity, sustainable use of

biological resources and equitable sharing of benefits arising from their

sustainable use. The Convention on Biological Diversity came into force in

1993. Many biodiversity issues are addressed in the convention, including

habitat preservation, intellectual property rights, biosafety, and indigenous

peoples’ rights. India’s initiatives under the Convention are detailed in the

chapter on Biodiversity. These include the promulgation of the Wildlife

(Protection) Act of 1972, amended in 1991; and participation in several

international conventions such as CITES.

UN Convention on Desertification, 1994

Delegates to the 1992 UN Conference on Environment and

Development (UNCED) recommended establishment of an

intergovernmental negotiating committee for the elaboration of an

international convention to combat desertification in countries experiencing

serious drought and/or desertification.

The UN General Assembly established such a committee in 1992 that

later helped formulation of Convention on Desertification in 1994. The

convention is distinctive as it endorses and employs a bottom-up approach to

international environmental cooperation. Under the terms of the convention,

activities related to the control and alleviation of desertification and its effects

 

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are to be closely linked to the needs and participation of local land users and

non-governmental organizations. Seven countries in the South Asian region

are signatories to the Convention, which aims at tackling desertification

through national, regional and sub-regional action programmes. The Regional

Action Programme has six Thematic Programme Networks (TPN’s) for the

Asian region, each headed by a country task manager. India hosts the

network on agro forestry and soil conservation.

The ITTO established by the International Tropical Timber Agreement

(ITTA), 1983, came into force in 1985 and became operational in 1987a. The

ITTO facilitates discussion, consultation and international cooperation on

issues relating to the international trade and utilization of tropical timber and

the sustainable management of its resource base. The successor agreement to

the ITTA (1983) was negotiated in 1994, and came into force on 1 January

1997. The organization has 57 member countries. India ratified the ITTA in

1996.

The extent of the environmental legislation network is evident from the

above discussion but the enforcement of the laws has been a matter of

concern. One commonly cited reason is the prevailing command and control

nature of the environmental regime. Coupled with this is the prevalence of

the all-or–nothing approach of the law; they do not consider the extent of

violation. Fines are levied on a flat basis and in addition, there are no

incentives to lower the discharges below prescribed levels. a For details refer

to the web site: www.itto.or.jp/Index.html

 

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Some initiatives have addressed these issues in the recent past. The

Government of India came out with a Policy Statement for Abatement of

Pollution in 1992, before the Rio conference, which declared that market-

based approaches would be considered in controlling pollution. It stated that

economic instruments will be investigated to encourage the shift from

curative to preventive measures, internalize the costs of pollution and

conserve resources, particularly water. In 1995, the Ministry of Environment

and Forest (MoEF) constituted a task force to evaluate market-based

instruments, which strongly advocated their use for the abatement of

industrial pollution. Various economic incentives have been used to

supplement the command-and-control policies. Depreciation allowances,

exemptions from excise or customs duty payment, and arrangement of soft

loans for the adoption of clean technologies are instances of such incentives.

Another aspect that is evident is the shift in the focus from end-of-pipe

treatment of pollution to treatment at source. The role of remote sensing and

geographical information systems in natural resource management and

environmental protection has also gained importance over time.

An important recent development is the rise of judicial activism in the

enforcement of environmental legislation. This is reflected in the growth of

environment-related public litigation cases that have led the courts to take

major steps such as ordering the shut-down of polluting factories. Agenda 21

highlights the need for integration of environmental concerns at all stages of

policy, planning and decision-making processes including the use of an

 

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effective legal and regulatory framework, economic instruments and other

incentives. These very principles were fundamental to guiding environmental

protection in the country well before Rio and will be reinforced, drawing on

India’s own experiences and those of other countries.

 

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REFERENCES

Bajaj R. 1996

CITES and the wildlife trade in India

New Delhi: Centre for Environmental Law, WWF-India. 182 pp. Divan S and

Rosencranz ,2001

Environmental law and policy in India, cases, materials and statutes,

2nd edition New York: Oxford University Press. 837 pp. Gupta S.1999

Country environment review, policy measures for sustainable Development

Discussion paper, October 1999 prepared for Asian Development Bank,

Programs Department (West) New Delhi: Delhi School of Economics. 127 pp.

International Tropical Timber Organization, www.itto.or.jp/Index.html

Accessed in November 2001 MoEF http://envfor.nic.in Ministry of

Environment & Forests, Government of India Accessed on 24-9-2001 WWF-

India. 1999.

Strengthening Environmental Legislation in India

Prepared for Asian Development Bank, Manila and Ministry of Environment

and Forests, Government of India, Centre for Environmental Law, WWF-

India