Unit -4 Environment Protection

Environment Protection :
Policies and procedures aimed at conserving the natural resources, preserving the
current state of natural environment and, where possible, reversing its
degradation.
National Environment Policy 2006
It is a response to Indias national commitment to a clean environment, It is
recognized that the maintenance of the Healthy environment is not the
responsibility of the state alone. It is the responsibility of every Citizen and thus a
spirit of partnership is to be realized through the environment Management of
the country.
Key Environment Challenges
The key environmental challenges that India faces are related to the nexus of
environmental degradation with poverty in its many dimensions, and economic
growth. Challenges are intrinsically connected with the state of environmental
resources, such as land, water, air, and their flora and fauna.
Drivers of Degradation
Proximate drivers of environmental degradation are population growth,
inappropriate technology and consumption choices, and poverty, leading to
changes in relations between people and ecosystems, and development activities
such as intensive agriculture, polluting industry, and unplanned urbanization.
Impact on Health
Poor environmental quality has adversely affected human health. Environmental
factors are estimated as being responsible in some cases for nearly 20 percent of
the burden of disease in India, and a number of environment-health factors are
closely linked with dimensions of poverty (e.g. malnutrition, lack of access to
clean energy and water).

Objectives of the Policy

Conservation of Critical Environmental Resources
Intra-generational Equity: Livelihood Security for the Poor
Inter-generational Equity
 Integration of Environmental Concerns in Economic and Social Development
Efficiency in Environmental Resource Use
Environmental Governance
Enhancement of Resources for Environmental Conservation

Principles of National Environment Policy 2006

The Policy evolved from the recognition that only such development is
sustainable, which respects ecological constraints, and the imperatives of justice.
The Objectives stated above are to be realized through various strategic
interventions by different public authorities at Central, State, and Local
Government levels.
The principles followed in the policy are:
o Human Beings are at the Centre of Sustainable Development Concerns:
o Right to development must be fulfilled so as to equitably meet developmental
and environmental needs of present and future generations.
o In order to achieve sustainable development, environmental protection shall
constitute an integral part of the development process and cannot be
considered in isolation from it.
o Where there are credible threats of serious or irreversible damage to key
environmental resources, lack of full scientific certainty shall not be used as a
reason for postponing cost-effective measures to prevent environmental
degradation.
o In various public actions for environmental conservation, economic efficiency
would be sought to be realized

Legal Liabilities in the Policy

The environmental redressal mechanism based on doctrines of criminal liability,
have not proved sufficiently effective, and need to be supplemented. The policy
adopts the civil liability for environmental damage that would deter
environmentally harmful actions, and compensate the victims of environmental
damage.
 Strict liability imposes an obligation to compensate the victim for harm resulting
from actions or failure to take action, which may not necessarily constitute a
breach of any law or duty of care.

The Doctrine of Public Trust

As per this doctrine, the State is not an absolute owner, but a trustee of all
natural resources, which are by nature meant for public use and enjoyment,
subject to reasonable conditions, necessary to protect the legitimate interest of a
large number of people, or for matters of strategic national interest.

Legislative Reforms
A judicious mix of civil and criminal processes and sanctions will be employed in
the legal regime for enforcement, through a review of the existing legislation. The
policy calls for identification of the emerging areas for new legislation, due to
better scientific understanding, economic and social development, and
development of multilateral environmental regimes, in line with the National
Environment Policy. It also calls for review the body of existing legislation in order
to develop synergies among relevant statutes and regulations.

Environment Impact Assessment

The policy focuses on encouraging the regulatory authorities, Central and State,
to institutionalize regional and cumulative environmental impact assessments
(R/CEIAs) to ensure that environmental concerns are identified and addressed at
the planning stage itself.

ESZs
The Environmentally Sensitive Zones are the areas with identified environmental
resources having Incomparable Values which require special attention for their
conservation. In order to conserve and enhance these resources, without
impeding legitimate socio-economic development of these areas, the National
Environment policy aims to identify and give legal status to ESZs in the country
 ENVIRONMENTAL LEGISLATION
The awareness and consideration for environment covers several environmental
issues such as pollution of water, air and soil, land degradation, industrialization,
urbanization, depletion of natural resources etc.
Environmental Law plays a very crucial and important role in regulating the use of
natural resources and in protecting the environment. The success of
environmental legislations mainly depends on the way they are enforced.

The genesis of various legislations in the country lies in the environmental

problems. There should be effective legislations to protect the environment or
else the need for resources by the growing population will create havoc on the
environment. The other important aspect is enforcement of these laws. To
safeguard our environment from further degradation and pollution these must be
enforce laws forcefully and effectively.

Need for legislation

1. In the recent past, numerous environmental problems have become
threatening for human welfare.
2. An important aspect of environmental problems is that their impact is not
confined to the source area but spills over far and wide area.
3. Effective legislation is needed in order to prevent misuse and degradation of
the environment.
4. To curb the destructive practices of unscrupulous people, forest mafia groups,
poachers, polluters and over exploitation of environmental resources,
effective legislation is necessary.
5. Pollution is an important factor and it does not observe political territories or
legislative jurisdictions.
6. Thus environmental problems are intrinsically global in nature. Therefore, to
prevent such problems environmental legislation is not needed only at the
national level but also at the international level.
 NATIONAL LEGISLATION
At national level serious efforts have been made for the improvement and
protection of environment by incorporating changes the constitution of India. Our
constitution, originally, did not contain any direct provision regarding the
protection of natural environment.

Indian constitution was amended to include protection of the environment as a

constitutional mandate.
It shall to be duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wild life and have compassion for
living creatures.
The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.

POLLUTION RELATED ACTS

Among all the components of the environment air and water are necessary to
fulfill the basic survival needs of all organisms. So, to protect them from
degradation the following acts have been passed.
Water Acts
Air Acts
Environment Act

The Environment Act is the most important Act in the context of environmental
management and was passed by the parliament in the year 1986. This Act draws
its inspiration from the International Conference on Human Environment held at
Stockholm (Sweden) in 1972. It was started in the year 1986 in Bhopal.

It extends to the whole of India. It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint and
different dates may be appointed for different provisions of this Act and for
different areas.
Power of central government to take measures to protect and improve
environment:
1. Subject to the provisions of this Act, the Central Government shall have the
power to take all such measures as it deems necessary or expedient for the
purpose of protecting and improving the quality of the environment and
preventing controlling and abating environmental pollution.
2. In particular, and without prejudice to the generality of the provisions of sub-
section (1), such measures may include measures with respect to all or any of the
following matters, namely:
(i) Co-ordination of actions by the State Governments, officers and other
authorities:
a. Under this Act, or the rules made there-under, or
b. Under any other law for the time being in force which is relatable to the objects
of this Act;
(ii) Planning and execution of a nation-wide programme for the prevention,
control and abatement of environmental pollution;
(iii) Laying down standards for the quality of environment in its various aspects;
(iv) Laying down standards for emission or discharge of environmental pollutants
(v) Restriction of areas in which any industries, operations or processes or class of
industries, operations or processes shall not be carried out or shall be carried out
subject to certain safeguards;
(vi) Laying down procedures and safeguards for the prevention of accidents which
may cause environmental pollution and remedial measures for such accidents;
(vii) Laying down procedures and safeguards for the handling of hazardous
substances;
(viii) Examination of such manufacturing processes, materials and substances as
are likely to cause environmental pollution;
(x) Inspection of any premises, plant, equipment, machinery, manufacturing or
other processes, materials or substances and giving, by order, of such directions
to such authorities, officers or persons as it may consider necessary to take steps
for the prevention, control and abatement of environmental pollution;
(xi) Establishment or recognition of environmental laboratories and institutes to
carry out the functions entrusted to such environmental laboratories and
institutes under this Act;
(xii) Collection and dissemination of information in respect of matters relating to
environmental pollution;
(xiii) Preparation of manuals, codes or guides relating to the prevention, control
and abatement of environmental pollution;
(xiv) Such other matters as the Central Government deems necessary or
expedient for the purpose of securing the effective implementation of the
provisions of this Act.

World Trade Organization (WTO) in Dealing with Environment

The WTO came into existence in 1995 and the Committee on Trade and
Environment was established as per a decision adopted during the Uruguay
Round. Its main aim was to identify the relationship between trade and
environment to promote sustainable development. The agenda was an extension
of the General Agreement on Tariffs and Trade (GATT) 1991.
Its preamble includes:
(a) The Agreement on Technical Barriers to Trade (TBS) and the application of
sanitary and Phytosanitary (SPS) Measures;
(b) it also recognised the importance of furnishing technical assistance to
developing country members; and
(c) Transfer of Technology.
(1) Technical Barriers to Trade ():
A technical regulation is defined in the TBT Agreement as Document which lays
down product characteristics or their related processes and production methods.
It may also include or deal exclusively with terminology, symbols, packaging,
marking or labelling requirements as they apply to a product, and its process.
Technical regulation includes green marketing, eco-labelling and general
principles of environmental management and auditing systems. These approaches
will help the multinational corporations in maintaining environmental quality in
developed and developing countries.
(2) Agreement on Sanitary and Phytosanitary Measures (SPS):
Sanitary or phyto-sanitary measures include all relevant laws, decrees,
regulations, requirements and procedures including, inter alia, end product
criteria; processes and production methods, testing, inspection, certification,
relevant requirements associated with the transport of animals or plants,
methods of risk assessment packaging and labelling requirements directly related
to food safety.
In case importable goods are deemed to be using environmentally damaging
inputs to plant, animal or human health or, are not adequately certified as
ecologically safe, countries are well within their rights to invoke unilateral trade
restrictions.
(3) General Agreement on Trade in Services (GATS):
According to WTO Committee on Trade and Environment (CTE), GATS contains a
commitment to progressive liberalisation and to increasing the participation of
developing countries. It will improve the environmental protection in these
countries. The environmental services include sewerage services, refuse disposal
services and sanitation services. Further sub-classification includes cleaning of
exhaust gases, noise abatement services, and landscape protection services.
(4) The Doha Development Agenda:
a new round of multilateral trade negotiations was initiated at the WTOs Fourth
Ministerial Conference in Doha, Qatar in November 2001.
According to the Doha Development Agenda, the aims of upholding and
safeguarding an open and non-discriminatory multilateral trading system, and
acting for the protection of the environment and the promotion of sustainable
development can and must be mutually supportive.
The Doha Development Agenda has created a new debate in the WTO. It has
created new opportunities for environmental community to influence the trading
system. It stresses on to implement a programme on eco-labelling.

The Doha Development Agenda removes this illusion by stating, The sustainable
development community should agree on a strong upgrading of efforts to develop
and apply a mutually compatible set of environmental standards, to favour
standards that are non-discriminatory and support sustainable development and
to build capacity for developing countries to participate in the standard setting
process.
The Agenda stresses to enhance the mutual supportiveness of trade, environment
and development with a view to achieving sustainable development through
actions at all levels.
(a) Establish and strengthen existing trade and cooperation agreements,
consistent with the multilateral trading system with a view to achieving
sustainable development.
(b) Support voluntary WTO compatible market based initiative for the creation
and expansion of domestic and international markets for environmentally friendly
goods and services including organic products which maximize environmental and
developmental benefits through, interalia, capacity-building and technical
assistance to developing countries.

Role of (NGO) in Environment Protection!

Today we come across various non-governmental organizations whose concerns
are focused on various areas such as social issues, health issues, and
environmental issues. Non-Governmental Organization is a broad term, which
includes charity organizations, advisory committees and various other
professional organizations. NGOs in India are spread across the country and they
have close contacts with communities.

They are involved in the whole spectrum of developmental activities from

creating environmental awareness to undertaking watershed development: from
disaster management to sustainable livelihoods; from joint forest management to
giving inputs to policies. They range from clubs, which encourage nature camping
to agencies, which undertake research and monitoring.

It campaigns to:
1. Stop Climate Change:
The extensive use of oil, gas, fuel, and other energy resources leads to climatic
changes, which results in global warming. In order to stop climate change,
Greenpeace is campaigning on various fronts. It has been researching to stop
climate change and to promote clean energy solutions.
2. Protect Ancient Forests:
Many forests of the world are in crisis. The plants and animals are facing the
threat of extinction. People living in forests and depending on them for their
livelihood are also under threat. Greenpeace takes up the responsibility to save
the forests and provides solutions for the same.
3. Save the Oceans:
Greenpeaces save the oceans campaign currently focuses on four major threats
to the worlds oceans: overfishing, pirate fishing, whaling, and intensive shrimp
aquaculture.
4. Stop Whaling:
Commercial Whaling has resulted in the decline of the worlds whale population.
In order to stop commercial whaling, Greenpeace is working on many fronts.
Through political work public outreach and by adopting nonviolent direct, action
against the whalers at sea. Greenpeace is fighting against commercial whaling.
5. Say No to Genetic Engineering:
Genetic engineering enables creation of plants, animals and micro-organisms
through the manipulation of genes. The organisms, which are produced through
genetic engineering when interbred with the natural organisms lead to new
environments, which are uncontrolled.
6. Stop the Nuclear Threat:
Greenpeace campaigns against the use of nuclear power as its use has never been
peaceful. It leads to accidents, deaths, and disasters. Radiation released into the
environment through the nuclear tests has led to the contamination of soil, air,
rivers, and oceans, causing cancer and other diseases in people.
7. Eliminate Toxic Chemicals:
Greenpeace also campaigns against toxic chemicals, as they prove to be a global
threat to the health and environment.
8. Encourage Sustainable Trade:
Greenpeace opposes the current form of globalization that is increasing corporate
power. It demands that the World Trade Organization (WTO) adopt a policy of
trade, which works for all and that preserves and restores the environment.
 Greenpeace a famous NGO has played an important role in preserving the
environment, which is proved by its successful achievements:
1. A ban on toxic waste exports to less developed countries.
2. A moratorium on commercial whaling.
3. A United Nations convention providing for better management of world
fisheries.
4. A Southern Ocean Whale Sanctuary.
5. A 50-year moratorium on mineral exploitation in Antarctica.
6. Ban on the dumping at sea of radioactive and industrial waste and disused oil
installations.
7. An end to high-sea, large-scale driftnet fishing.
8. A ban on all nuclear weapons testing their first ever campaign.

State Pollution Control Board

In relation to a state the Water Act 1974 is in force and the State Govt., has
constituted for that state, a state pollution control board under section-4 of the
Act. In case of Air Pollution Act 1981 and Water Pollution Act 1974 the main
function of the states are as follows:
Functions of the State Pollution Control Board:
1. To advice the Central Government, in any matter concerning the prevention,
control or abatement of air/water pollution.
2. To advice the State Government, on any matter to plan and cause to be executed
a nationwide programme for the prevention, control or abatement of air/water
pollution.
3. To collect information relating water/air pollution and to encourage, conduct,
participate in investigations and research relating to problems of water pollutions.
4. To plan a comprehensive programme through mass media for prevention, control
or abatement of air /water pollution.
5. To inspect sewage or trade effluents, works and plants for the treatment of
sewage or trade effluent.
6. To lie down, modify or annual Effluent standards for the sewage and trade
effluents and for the quality or receiving waters resulting from the discharge of
 effluents and to classify water resulting from the discharge for effluents and
classify waters of the state.
7. To evolve economical and reliable methods of effluents of sewage and trade
effluents.
8. To evolve methods of utilization of sewage and suitable trade effluents in
agriculture.
9. To evolve efficient methods of disposal of sewage and trade effluents on land
10.To lay down standards of treatment of sewage and trade effluents, to be
discharged into any particular stream.
11.For prevention, control, abatement of discharged of wastes into stream or wells.
Functions of the Central Pollution Control Board:
1. The main functions of the Central Board shall be to promote the cleanliness and
improve the quality of the air/water in streams and wells and to prevent control
for abate air pollution/ water pollution in the country.
2. Advice the Central Government, on any matter concerning the improvement of
the quality of air and prevention control or abatement of air pollution/water
pollution.
3. Plan and cause to be execute a nation-wide programme through mass media for
the provision, control or abatement of air/water pollution.
4. Provide technical assistance and guidance to the state boards carry out and
sponsor investigations and research relating to problems of air pollution/water
pollution and its control and abatement.
5. Plan organize the training of persons engaged or to be engaged in programmes
for prevention, control and abatement of air pollution on such terms and
conditions as the central board may specify.
6. Organize through mass media a comprehensive programme towards prevention,
control and abatement of air pollution or water pollution.
7. Collect, compile and publish technical and statistical data relating to air
pollution/water pollution and the measures devised for its effective prevention,
control and abatement and prepared manuals.
8. Collect and disseminate information in respect of matters relating to air/water
pollution.