•The Ministry of Environment & Forests is the nodal agency in the administrative structure of the Central Government, for the planning, promotion, co-ordination and overseeing the implementation of environmental and forestry programmes. MoEF oversees all environmental matters in the country and is a permanent member of the Executive Committee of the National Economic Council.
•The Ministry also plays a pivotal role as participant of United Nations Environment Programme (UNEP). The principal activities undertaken by Ministry of Environment & Forests consist of conservation of forests and wildlife, prevention & control of pollution, forestation & regeneration of degraded areas and protection of environment, in the frame work of legislations.
•The main tools utilized for this include surveys, impact assessment, control of pollution, regeneration programmes, support to organizations, research to solve solutions and training to augment the requisite manpower, collection and dissemination of environmental information and creation of environmental awareness among all sectors of the country's population
Functions of MoEF
•Management of environment and ecology.
•Matters relating to environment pollution control.
•Conservation of forests and development of forest resources (government and private), forest inventory, grading and quality control of forest products.
•Forestation and regeneration of forest extraction of forest produce.
•Plantation of exotic cinchona and rubber.
•Botanical gardens and botanical surveys.
•Tree plantation.
•Planning cell is responsible for preparation of schemes and coordination in respect of forest.
•Research and training in forestry.
•Mechanized forestry operations.
•Protection of wild birds and animals and establishment of sanctuaries.
•Matters relating to marketing of forest produce.
•Liaison with international organizations and matters relating to treaties and agreements with other countries and world bodies relating to subjects allotted to this Ministry.
Organisational Structure OF MoEF
It covers a number of Divisions, Directorates, Boards, Subordinate Offices, Autonomous Institutions & public sector undertakings.
Divisions of MoEF:
•Animal welfare.
•Conservation and survey.
•Control of pollution.
•Environment Education.
•Environment Research.
•Environmental Impact Assessment.
Subordinate offices:
•Botanical survey of India, Kolkata.
•Directorate of Forest Education, Dehradun.
•National Zoological Park, New Delhi.
•National Museum of Natural History, New Delhi.
Autonomous Institutions:
•Central Pollution Control Board, Delhi.
•Central Zoo Authority, New Delhi.
•GB Pant Institute of Himalayan Environment and Development, Almora.
•Indian Council of Forestry Research and Education, Dehradun.
Wednesday, February 13, 2008
MODULE 5 Environmental Impact Assessment
•In 1970, the United states of America became the first country to make EIA a legal requirement for major development projects .Since then the countries throughout the world are making laws suiting their own constitution ,economics ,social values etc.
What is EIA?
The process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals to the environment and human beings.
The purpose of the assessment is to ensure that decision-makers consider environmental impacts before deciding whether to proceed with new projects. Environmental impact assessment (EIA) is a tool that seeks to ensure sustainable development through the evaluation of those impacts arising from a major activity (policy, plan, program, or project) that are likely to have significant environmental effects. It is anticipatory, participatory, and systematic in nature and relies on multidisciplinary input
Aims of EIA
•Predict environmental impact of projects;
•Find ways and means to reduce adverse impacts;
•Shape the projects to suit local environment;
•Present the predictions and options to the decision-makers.
EIA in INDIA
•In India Environmental Impact Assessment (EIA) has been formally introduced and was made mandatory in 1994 under the environmental protection Act of 1986.The notification specifies 30 categories of projects with potential to degrade environment, including polluting industries.
•On 10 April 1997 the amendment in the EIA notification was made by introducing Environmental Public Hearing (EPH) in Environmental Clearance process. Before issuing NOC the State Pollution Control Board has to organize public hearing for the proposed project.
The EPH Committee hears the objection/suggestion regarding the project from public and hand over them to Ministry of Forest & Environment. Certain clauses are added to the EC of the project based on the objection/suggestion discussed in public hearing. It is an ideal system of public participation in environmental clearance process.
Environment Impact Assessment Notification Under MoEF
The Environment Impact Assessment Notification was issued in 1997 to put in place a mechanism by which certain kinds of development and industrial processes/activities would need environmental clearance from the MoEF. These projects listed in Schedule 1 of the Notification included mining, river valley projects, ports, harbours and airports, exploration of oil/gas, distilleries, urban construction, and so on. The Notification also makes it mandatory for a process of public hearing that would bring the project proposer and the affected people face to face, and allow for objections to be raised and clarifications sought.
List of Projects
•The entire list of projects in the schedule is required to go through the environmental clearance process . The draft categorizes these projects into A, B and A/B.
• Projects in Category A would require a clearance from the Centre, those in B from the State governments and that in A/B will be recategorized A or B based on a screening process by an Expert Appraisal Committee constituted by the Centre.
Limitations of EIA in India
1.Poor governance.
2.Undue delays.
3.Rapid economic reforms.
4.Lack of awareness (public hearing).
5.Favors to small-scale units.
6.Poor quality EIA reports.
Environmental management system (EMS)
ISO 9000
International Organization for Standardization (ISO) is a world wide federation of national standards bodies, having its headquarter at Geneva in Switzerland. The objective of ISO is to promote the development of standardization with a view to facilitating international exchange of goods and services and to develop cooperation in the sphere of intellectual, scientific, technological and economic activity.
India is the founding member of ISO and participating through BIS as active member.
What is ISO 9000
ISO 9000 is a series of 5 international standards for ‘ Quality Management and Quality Assurance Systems’ which can be adopted by all types of organisations producing goods, services or softwares.
It defines the basic disciplines and specifies the procedures and criteria to ensure that the product or service of the organisation consistently meets the customer’s requirements.
The series consists of ISO 9000, 9001, 9002, 9003, 9004.
Salient Features
What is EIA?
The process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals to the environment and human beings.
The purpose of the assessment is to ensure that decision-makers consider environmental impacts before deciding whether to proceed with new projects. Environmental impact assessment (EIA) is a tool that seeks to ensure sustainable development through the evaluation of those impacts arising from a major activity (policy, plan, program, or project) that are likely to have significant environmental effects. It is anticipatory, participatory, and systematic in nature and relies on multidisciplinary input
Aims of EIA
•Predict environmental impact of projects;
•Find ways and means to reduce adverse impacts;
•Shape the projects to suit local environment;
•Present the predictions and options to the decision-makers.
EIA in INDIA
•In India Environmental Impact Assessment (EIA) has been formally introduced and was made mandatory in 1994 under the environmental protection Act of 1986.The notification specifies 30 categories of projects with potential to degrade environment, including polluting industries.
•On 10 April 1997 the amendment in the EIA notification was made by introducing Environmental Public Hearing (EPH) in Environmental Clearance process. Before issuing NOC the State Pollution Control Board has to organize public hearing for the proposed project.
The EPH Committee hears the objection/suggestion regarding the project from public and hand over them to Ministry of Forest & Environment. Certain clauses are added to the EC of the project based on the objection/suggestion discussed in public hearing. It is an ideal system of public participation in environmental clearance process.
Environment Impact Assessment Notification Under MoEF
The Environment Impact Assessment Notification was issued in 1997 to put in place a mechanism by which certain kinds of development and industrial processes/activities would need environmental clearance from the MoEF. These projects listed in Schedule 1 of the Notification included mining, river valley projects, ports, harbours and airports, exploration of oil/gas, distilleries, urban construction, and so on. The Notification also makes it mandatory for a process of public hearing that would bring the project proposer and the affected people face to face, and allow for objections to be raised and clarifications sought.
List of Projects
•The entire list of projects in the schedule is required to go through the environmental clearance process . The draft categorizes these projects into A, B and A/B.
• Projects in Category A would require a clearance from the Centre, those in B from the State governments and that in A/B will be recategorized A or B based on a screening process by an Expert Appraisal Committee constituted by the Centre.
Limitations of EIA in India
1.Poor governance.
2.Undue delays.
3.Rapid economic reforms.
4.Lack of awareness (public hearing).
5.Favors to small-scale units.
6.Poor quality EIA reports.
Environmental management system (EMS)
ISO 9000
International Organization for Standardization (ISO) is a world wide federation of national standards bodies, having its headquarter at Geneva in Switzerland. The objective of ISO is to promote the development of standardization with a view to facilitating international exchange of goods and services and to develop cooperation in the sphere of intellectual, scientific, technological and economic activity.
India is the founding member of ISO and participating through BIS as active member.
What is ISO 9000
ISO 9000 is a series of 5 international standards for ‘ Quality Management and Quality Assurance Systems’ which can be adopted by all types of organisations producing goods, services or softwares.
It defines the basic disciplines and specifies the procedures and criteria to ensure that the product or service of the organisation consistently meets the customer’s requirements.
The series consists of ISO 9000, 9001, 9002, 9003, 9004.
Salient Features
- It is obligatory to identify non- conformities.
- Systematic prevention of non- conformities.
- Requires a formally documented procedure for each and every activity.
- Requires faithful implementation of procedures and their revision.
- Confines to standard formulation, implementation is left to individual nations.
Benefits of ISO 900
- Customer satisfaction.
- Recognition.
- Legal aspects.
- Confidence creation.
- Consistency in quality.
- Documented.
ISO 14000
The ISO 14000 family addresses "environmental management". This means what the organization does to:
- Minimize harmful effects on the environment caused by its activities
- To achieve continual improvement of its environmental performance.
ISO 14000 is derived from ISO quality standards 9000 but is broader in scope because environmental issues are larger issues affecting the nation’s and world’s resources and living conditions. It requires organisations to be concerned with everything from raw materials to end products. ISO 14000 enables the organisation’s EMS to :
•Formulate and define policy and objectives in this regard.
•Formulate a plan to implement the policy and objective.
•Develop support system to achieve the implementation of policy.
•Monitor and evaluate environmental performance.
•Review the EMS for continued improvement.
•ISO 14000 is a series of international standards on environmental management. It provides a framework for the development of an environmental management system and the supporting audit programme.
•The main thrust for its development came as a result of the Rio Summit on the Environment held in 1992.
EMSEnvironmental management system means that part of the overall management system, which includes the organisational structure, responsibilities, practices and resources for determining and implementing the environmental policy. It is a system that enables any organisation irrespective of its size, type & setting tomanage environmental impacts arising out of its
activities, product & services
1.Ensures compliance to regulations
2.Brings continual improvements
3.Demonstrate high environmental performance to others by conforming to policy, objectives & targets
Role Of Information Technology in Environment
Information technology is a powerful tool for meeting environmental objectives and promoting sustainable development.It is used to facilitate comunication, development, analysis and practice of environmental objectives etc. The computer age has turned the world around due to the incredible rapidity with which IT spreads knowledge.
Environmental Management and Technology.
Geographical Information Systems (GIS) :
- It is a tool to map landuse patterns by studying digitized toposheets .
- GIS can be used for design and development of Environmental projects:
- Environmental Auditing.
- Environmental Impact Assessment.
- Detailed Project Reports.
- Waste Water Treatment Systems.
- Environmental Planning and Infrastructure Master Plans.
Use of GIS for Architecture and Engineering:
•Landscape and Environmental Planning.
•Disaster Assessment & Management System.
•Human Settlements Planning & Development.
The internet with its thousands of websites has made it very simple to get the appropriate environmental information for any study or environmental management planning. It is a powerful tool to increase public awareness about environmental issues.
MODULE 6 INTERNATIONAL AGREEMENTS ON ENVIRONMENTAL MANAGEMENT
ØVIENNA CONVENTION (1985) : outlines states' responsibilities for protecting human health and the environment against the adverse effects of ozone depletion, established the framework under which the Montreal Protocol was negotiated.
ØMONTREAL PROTOCOL (1987): is a landmark international agreement designed to protect the stratospheric ozone layer. The treaty was originally signed in 1987 and substantially amended in 1990 and 1992. The Montreal Protocol stipulates that the production and consumption of compounds that deplete ozone in the stratosphere--chlorofluorocarbons (CFCs),carbon tetrachloride, and methyl chloroform--are to be phased out by 2000 (2005 for methyl chloroform).
ØBASEL CONVENTION (1989):The Basel Convention on the( Control of Transboundary Movements of Hazardous Wastes and Their Disposal) is an international treaty in which 170 parties participated, was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries .The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation.
ØRIO DECLARATION (1992):The United Nations Conference on Environment and Development, having met at Rio de Janeiro from 3 to 14June1992,reaffirming the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June1972,and seeking to build up it, with the goal of establishing a new and equitable global partnership through the creation of new levels of cooperation among States.
ØCONVENTIONS ON CLIMATE CHANGE & ON BIOLOGICAL DIVERSITY: (1994):
The world community at Rio Conference showed unanimity to prevent global climate change and eradication of biologically diverse species. This conventions were signed by more than 150 nations. The convention on climate change requires the States to take steps to reduce their emissions of gases contributing to global warming. The other convention on biodiversity requires the States to take steps for protection of the world’s diverse plant and animal species.
ØGLOBAL ENVIRONMENT FACILITY (1992): was established as a cooperative venture of the World Bank, UNEP and UNDP,an independent financial organization, that provides grants to developing countries for projects that benefit the global environment . GEF grants support projects related to biodiversity, climate change, international waters, land degradation, the ozone layer, and persistent organic pollutants. It was set up during the 1992 Earth Summit with 27 members initially. At the Fourth GEF Assembly in 2006, an additional $3.13 billion was committed
ØMONTREAL PROTOCOL (1987): is a landmark international agreement designed to protect the stratospheric ozone layer. The treaty was originally signed in 1987 and substantially amended in 1990 and 1992. The Montreal Protocol stipulates that the production and consumption of compounds that deplete ozone in the stratosphere--chlorofluorocarbons (CFCs),carbon tetrachloride, and methyl chloroform--are to be phased out by 2000 (2005 for methyl chloroform).
ØBASEL CONVENTION (1989):The Basel Convention on the( Control of Transboundary Movements of Hazardous Wastes and Their Disposal) is an international treaty in which 170 parties participated, was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries .The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation.
ØRIO DECLARATION (1992):The United Nations Conference on Environment and Development, having met at Rio de Janeiro from 3 to 14June1992,reaffirming the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June1972,and seeking to build up it, with the goal of establishing a new and equitable global partnership through the creation of new levels of cooperation among States.
ØCONVENTIONS ON CLIMATE CHANGE & ON BIOLOGICAL DIVERSITY: (1994):
The world community at Rio Conference showed unanimity to prevent global climate change and eradication of biologically diverse species. This conventions were signed by more than 150 nations. The convention on climate change requires the States to take steps to reduce their emissions of gases contributing to global warming. The other convention on biodiversity requires the States to take steps for protection of the world’s diverse plant and animal species.
ØGLOBAL ENVIRONMENT FACILITY (1992): was established as a cooperative venture of the World Bank, UNEP and UNDP,an independent financial organization, that provides grants to developing countries for projects that benefit the global environment . GEF grants support projects related to biodiversity, climate change, international waters, land degradation, the ozone layer, and persistent organic pollutants. It was set up during the 1992 Earth Summit with 27 members initially. At the Fourth GEF Assembly in 2006, an additional $3.13 billion was committed
Tuesday, February 12, 2008
Stockholm Conference 1972
DECLARATION OF THE UNITED NATIONS CONFERENCE ON THE HUMAN ENVIRONMENT (1972)
The United Nations Conference on the Human Environment, Having met at Stockholm from 5 to 16 June 1972, Having considered the need for a common outlook and for common principles to inspire and guide the peoples of the world in the preservation and enhancement of the human environment
SOME PRINCIPLES OF THE CONFERENCE
•The protection and improvement of the human environment is a major issue which affects the well-being of peoples and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all Governments.
• Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.
•The natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate. The capacity of the earth to produce vital renewable resources must be maintained and, wherever practicable, restored or improved.
•Economic and social development is essential for ensuring a favorable living and working environment for man and for creating conditions on earth that are necessary for the improvement of the quality of life.
• In the developing countries most of the environmental problems are caused by under-development. Millions continue to live far below the minimum levels required for a decent human existence, deprived of adequate food and clothing, shelter and education, health and sanitation. Therefore, the developing countries must direct their efforts to development, bearing in mind their priorities and the need to safeguard and improve the environment. For the same purpose, the industrialized countries should make efforts to reduce the gap themselves and the developing countries. In the industrialized countries, environmental problems are generally related to industrialization and technological development.
•The important outcome of the meet was realization that environmental problems are essentially by-products linked to intense industrialization and the use of the technology by society and , therefore, a scientific technical approach alone would be able to solve them. Following this conference The United Nations Environment Program (UNEP) was set up
Tuesday, February 5, 2008
MODULE 6 Indian Penal Code and Environment Protection
Indian Penal Code 1860, makes various acts affecting environment as offences. IPC can be used to prevent pollution of atmosphere. Thus no trade, business or manufacturing process can be carried out in residential area which produces noxious and offensive smell.
Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public health, safety, convenience, decency and morals. Its object is to safeguard the public health, safety and convenience by causing those acts punishable which make environment polluted or threaten the life of the people.
Section 268 & 290 of IPC defines public nuisance and provides for punishment of fine upto Rs. 200 for public nuisance respectively. Under these provisions any act or omissions of a person which caused injury to another by polluting the environment can be controlled.
Public Nuisance: a person is guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger to the people in general who dwell or occupy the property in the vicinity or cause injury, danger , obstruction to persons who use any public right.
Section 269 & 270 of IPC provides, whoever negligently or malignantly does any act which spreads the infection of disease dangerous to life, can be controlled by punishing the person responsible for such act with imprisonment upto six months to six years or with fine or both respectively.
Section 277 provides, whoever voluntarily fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for three months or with fine of five hundred rupees or with both.
Section 278 provides, whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons dwelling or carrying on business in the neighbourhood or passing along the public way, shall be punished with fine upto Rs.500.
Section 284 provides, whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, shall be punished with imprisonment for a term of 6 months or with fine upto Rs.1000 or with both.
Section 285 provides, whoever does, with the fire or any combustible matter, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.
Section 286 provides, whoever does, with any explosive substance, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.
Under sections 426,430,432 of IPC general pollution caused by mischief can be controlled and the same is punishable.
Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public health, safety, convenience, decency and morals. Its object is to safeguard the public health, safety and convenience by causing those acts punishable which make environment polluted or threaten the life of the people.
Section 268 & 290 of IPC defines public nuisance and provides for punishment of fine upto Rs. 200 for public nuisance respectively. Under these provisions any act or omissions of a person which caused injury to another by polluting the environment can be controlled.
Public Nuisance: a person is guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger to the people in general who dwell or occupy the property in the vicinity or cause injury, danger , obstruction to persons who use any public right.
Section 269 & 270 of IPC provides, whoever negligently or malignantly does any act which spreads the infection of disease dangerous to life, can be controlled by punishing the person responsible for such act with imprisonment upto six months to six years or with fine or both respectively.
Section 277 provides, whoever voluntarily fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for three months or with fine of five hundred rupees or with both.
Section 278 provides, whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons dwelling or carrying on business in the neighbourhood or passing along the public way, shall be punished with fine upto Rs.500.
Section 284 provides, whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, shall be punished with imprisonment for a term of 6 months or with fine upto Rs.1000 or with both.
Section 285 provides, whoever does, with the fire or any combustible matter, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.
Section 286 provides, whoever does, with any explosive substance, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.
Under sections 426,430,432 of IPC general pollution caused by mischief can be controlled and the same is punishable.
CONSTITUTIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION
PREAMBLE
The preamble of the Constitution of India provides that our country is based on “Socialistic” pattern of society. The basic aim of socialism is to provide “ decent standard of life to all”, which is possible only in pollution free environment. Pollution is a social problem and the State is required to pay more attention to it.
DIRECTIVE PRINCIPLES OF STATE POLICY
Article 47 of the Constitution is one of the Directive principles of the State policy and it provides that the State shall regard raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The improvement of public health includes the protection and improvement of environment without which public health cannot be assured.
The Environmental protection and improvement were explicitly incorporated into the Constitution of India by the 42 Amendment Act(1976), which added Article 48A to the Directive principles of State policy and declares that,
“ the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life for the country.”
FUNDAMENTAL DUTIES
Article 51A(g) on “Fundamental Duties” imposed a similar responsibility on every citizen to protect and improve environment. It states, “It should be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.”
Thus, Indian Constitution became one of the rare constitutions of the world where specific provisions were incorporated in putting obligations on the “State” as well as “citizens” to “protect and improve” the environment.
Constitutional Provisions provides for local management of resources and are implemented through environmental protection laws of the country.
Case studies for Role of Judiciary
Constitutional Provisions
•KINKRI DEVI V. STATE :
A public interest litigation was filed in which it was alleged that the unscientific and uncontrolled quarrying of the limestone has caused damage to the Shivalik hills and was imposing danger to the ecology, environment and inhabitants of the area.
The H.P high court relying on previous judgement provided that if a just balance is not struck between development and environment by proper tapping of resources, there will be violation of Articles 14, 21,48A and 51 A(g) of the constitution. The court observed that natural resources have got to be tapped for the purpose of social development but the tapping has to be done with care so that ecology and environment may not be effected . The resources re permanent asset of mankind and are not intended to be exhausted in one generation. Thus the court issued a direction to the state government to set up a committee to examine the issue of proper granting of mining lease keeping in view the protection of environment.
AMBUGA PETROCHEMICALS V. A.. P. POLLUTION CONTROL BOARD.
The effluent treatment plant of the said industry was not in operation thereby causing water pollution resulting in danger of public life. The State Pollution control Board ordered the industry to close.
ØHereunder case was filed by Ambuga Petrochemicals as they considered the order as in-appropriate and severe.
ØIt was held by the court that the order of the board was neither dis-appropriate nor severe.
M.C MEHTA V. UNION OF INDIA (TAJ MAHAL CASE)
A Public Interest Litigation was filed alleging that due to environmental pollution there is degradation of Taj Mahal. According to the opinion of the expert committees, the use of coal by industries situated within the Taj Trapezium Zone (TTZ) were emitting pollution and causing damage to the Taj as also to the people living in the area.
The court held that Taj apart , apart from being a cultural heritage is also an industry. The court followed the path of sustainable development and applied “ precautionary principle”.
Directions issued by the court :
All industries operating in TTZ must use natural gas as a substitute for coal, as an industrial fuel. The industries which are not in a position to use natural gas, must stop functioning in TTZ and they may relocate themselves in new industrial areas and the incentives were to be given for relocation.
The preamble of the Constitution of India provides that our country is based on “Socialistic” pattern of society. The basic aim of socialism is to provide “ decent standard of life to all”, which is possible only in pollution free environment. Pollution is a social problem and the State is required to pay more attention to it.
DIRECTIVE PRINCIPLES OF STATE POLICY
Article 47 of the Constitution is one of the Directive principles of the State policy and it provides that the State shall regard raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The improvement of public health includes the protection and improvement of environment without which public health cannot be assured.
The Environmental protection and improvement were explicitly incorporated into the Constitution of India by the 42 Amendment Act(1976), which added Article 48A to the Directive principles of State policy and declares that,
“ the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life for the country.”
FUNDAMENTAL DUTIES
Article 51A(g) on “Fundamental Duties” imposed a similar responsibility on every citizen to protect and improve environment. It states, “It should be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.”
Thus, Indian Constitution became one of the rare constitutions of the world where specific provisions were incorporated in putting obligations on the “State” as well as “citizens” to “protect and improve” the environment.
Constitutional Provisions provides for local management of resources and are implemented through environmental protection laws of the country.
Case studies for Role of Judiciary
Constitutional Provisions
•KINKRI DEVI V. STATE :
A public interest litigation was filed in which it was alleged that the unscientific and uncontrolled quarrying of the limestone has caused damage to the Shivalik hills and was imposing danger to the ecology, environment and inhabitants of the area.
The H.P high court relying on previous judgement provided that if a just balance is not struck between development and environment by proper tapping of resources, there will be violation of Articles 14, 21,48A and 51 A(g) of the constitution. The court observed that natural resources have got to be tapped for the purpose of social development but the tapping has to be done with care so that ecology and environment may not be effected . The resources re permanent asset of mankind and are not intended to be exhausted in one generation. Thus the court issued a direction to the state government to set up a committee to examine the issue of proper granting of mining lease keeping in view the protection of environment.
AMBUGA PETROCHEMICALS V. A.. P. POLLUTION CONTROL BOARD.
The effluent treatment plant of the said industry was not in operation thereby causing water pollution resulting in danger of public life. The State Pollution control Board ordered the industry to close.
ØHereunder case was filed by Ambuga Petrochemicals as they considered the order as in-appropriate and severe.
ØIt was held by the court that the order of the board was neither dis-appropriate nor severe.
M.C MEHTA V. UNION OF INDIA (TAJ MAHAL CASE)
A Public Interest Litigation was filed alleging that due to environmental pollution there is degradation of Taj Mahal. According to the opinion of the expert committees, the use of coal by industries situated within the Taj Trapezium Zone (TTZ) were emitting pollution and causing damage to the Taj as also to the people living in the area.
The court held that Taj apart , apart from being a cultural heritage is also an industry. The court followed the path of sustainable development and applied “ precautionary principle”.
Directions issued by the court :
All industries operating in TTZ must use natural gas as a substitute for coal, as an industrial fuel. The industries which are not in a position to use natural gas, must stop functioning in TTZ and they may relocate themselves in new industrial areas and the incentives were to be given for relocation.
Emergence of Environmental issues, Agenda 21 ,Kyoto Protocol,CTE
•It was the Industrial Revolution that gave rise to modern environmental pollution as it is generally understood today. The emergence of great factories and consumption of immense quantities of coal and other fossil fuels gave rise to unprecedented air pollution and the large volume of industrial chemical discharges added to the growing load of untreated human waste .Environmentalism grew out of the amenity movement, which was a reaction to industrialization, the growth of cities, and worsening air and water pollution.
•In the 20th century environmental ideas continued to grow in popularity and recognition. Efforts were starting to be made to save some wildlife, particularly the American Bison. The endangerment of the American Bison helped to focus the minds of conservationists and popularize their concerns. Notably in 1916 the National Park Service was founded by President Woodrow Wilson.
•In the 1970s the Chipko movement was formed in India; influenced by Mahatma Gandhi, they set up peaceful resistance to deforestation by literally hugging trees (leading to the term "tree huggers"). Their peaceful methods of protest and slogan "ecology is permanent economy" were very influential.
•By the mid 1970s many felt that people were on the edge of environmental catastrophe. The Back-to-the-land movement started to form and ideas of environmental ethics joined with anti-Vietnam War sentiments and other political issues. These individuals lived outside normal society and started to take on some of the more radical environmental theories such as deep ecology. Around this time more mainstream environmentalism was starting to show force with the signing of the Endangered Species Act in 1973 and the formation of CITES in 1975.
•On an international level, concern for the environment was the subject of a UN conference in Stockholm in 1972, attended by 114 nations. Out of this meeting developed UNEP (United Nations Environment Programme) and the follow-up United Nations Conference on Environment and Development in 1992. Other international organizations in support of environmental policies development include the Commission for Environmental Cooperation (NAFTA), the European Environment Agency (EEA), and the Intergovernmental Panel on Climate Change (IPCC).
Agenda 21
Development of Agenda 21
•It is a programme run by the United Nations (UN) related to sustainable development. It is a comprehensive blueprint of action to be taken globally, nationally and locally by organisations of the UN, governments, and major groups in every area in which humans impact on the environment. The number 21 refers to the 21st century
•The full text of Agenda 21 was revealed at the 1992 United Nations Conference on Environment and Development (Earth Summit), held in Rio de Janeiro on June 14th where 179 governments voted to adopt the programme. The final text was the result of drafting, consultation and negotiation, beginning in 1989 and culminating at the two-week conference
Structure and Contents- Agenda 21There are 40 chapters in Agenda 21, divided into four sections. All told the document was over 900 pages:
Section I: Social and Economic Dimensions
•including combating poverty, changing consumption patterns, population and demographic dynamics, promoting health, promoting sustainable settlement patterns and integrating environment and development into decision-making.
Section II: Conservation and Management of Resources for Development
•including atmospheric protection, combating deforestation, protecting fragile environments, conservation of biological diversity (biodiversity), and control of pollution.
Section III: Strengthening the Role of Major Groups
•including the roles of children and youth, women, NGOs, local authorities, business and workers.
Section IV: Means of Implementation
•including science, technology transfer, education, international institutions and mechanisms and financial mechanisms.
•In the 20th century environmental ideas continued to grow in popularity and recognition. Efforts were starting to be made to save some wildlife, particularly the American Bison. The endangerment of the American Bison helped to focus the minds of conservationists and popularize their concerns. Notably in 1916 the National Park Service was founded by President Woodrow Wilson.
•In the 1970s the Chipko movement was formed in India; influenced by Mahatma Gandhi, they set up peaceful resistance to deforestation by literally hugging trees (leading to the term "tree huggers"). Their peaceful methods of protest and slogan "ecology is permanent economy" were very influential.
•By the mid 1970s many felt that people were on the edge of environmental catastrophe. The Back-to-the-land movement started to form and ideas of environmental ethics joined with anti-Vietnam War sentiments and other political issues. These individuals lived outside normal society and started to take on some of the more radical environmental theories such as deep ecology. Around this time more mainstream environmentalism was starting to show force with the signing of the Endangered Species Act in 1973 and the formation of CITES in 1975.
•On an international level, concern for the environment was the subject of a UN conference in Stockholm in 1972, attended by 114 nations. Out of this meeting developed UNEP (United Nations Environment Programme) and the follow-up United Nations Conference on Environment and Development in 1992. Other international organizations in support of environmental policies development include the Commission for Environmental Cooperation (NAFTA), the European Environment Agency (EEA), and the Intergovernmental Panel on Climate Change (IPCC).
Agenda 21
Development of Agenda 21
•It is a programme run by the United Nations (UN) related to sustainable development. It is a comprehensive blueprint of action to be taken globally, nationally and locally by organisations of the UN, governments, and major groups in every area in which humans impact on the environment. The number 21 refers to the 21st century
•The full text of Agenda 21 was revealed at the 1992 United Nations Conference on Environment and Development (Earth Summit), held in Rio de Janeiro on June 14th where 179 governments voted to adopt the programme. The final text was the result of drafting, consultation and negotiation, beginning in 1989 and culminating at the two-week conference
Structure and Contents- Agenda 21There are 40 chapters in Agenda 21, divided into four sections. All told the document was over 900 pages:
Section I: Social and Economic Dimensions
•including combating poverty, changing consumption patterns, population and demographic dynamics, promoting health, promoting sustainable settlement patterns and integrating environment and development into decision-making.
Section II: Conservation and Management of Resources for Development
•including atmospheric protection, combating deforestation, protecting fragile environments, conservation of biological diversity (biodiversity), and control of pollution.
Section III: Strengthening the Role of Major Groups
•including the roles of children and youth, women, NGOs, local authorities, business and workers.
Section IV: Means of Implementation
•including science, technology transfer, education, international institutions and mechanisms and financial mechanisms.
Agenda 21: Preamble
•Agenda 21 addresses the pressing problems of today and also aims at preparing the world for the challenges of the next century. It reflects a global consensus and political commitment at the highest level on development and environment cooperation. Its successful implementation is first and foremost the responsibility of Governments. National strategies, plans, policies and processes are crucial in achieving this. International cooperation should support and supplement such national efforts. In this context, the United Nations system has a key role to play. Other international, regional and sub regional organizations are also called upon to contribute to this effort. The broadest public participation and the active involvement of the non-governmental organizations and other groups should also be encouraged.
• The developmental and environmental objectives of Agenda 21 will require a substantial flow of new and additional financial resources to developing countries, in order to cover the incremental costs for the actions they have to undertake to deal with global environmental problems and to accelerate sustainable development. Financial resources are also required for strengthening the capacity of international institutions for the implementation of Agenda 21. An indicative order-of-magnitude assessment of costs is included in each of the programme areas. This assessment will need to be examined and refined by the relevant implementing agencies and organizations.
Kyoto Protocol
What is Kyoto Protocol?
•The Kyoto Protocol is a protocol to the international Framework Convention on Climate Change with the objective of reducing Greenhouse gases that cause climate change. It was agreed on 11 December 1997 at the 3rd Conference of the Parties to the treaty when they met in Kyoto, and entered into force on 16 February 2005.
•It is an agreement made under the United Nations Framework Convention on Climate Change (UNFCCC). Countries that ratify this protocol commit to reduce their emissions of carbon dioxide and five other greenhouse gases, or engage in emissions trading if they maintain or increase emissions of these gases.
Aim of Kyoto Protocol
Aim to reduce collective emission of green house gases and prevent global warming
•The Kyoto Protocol is an agreement under which industrialized countries will aim to reduce their collective emissions of greenhouse gases by 5.2% compared to the year 1990 (but note that, compared to the emissions levels that would be expected by 2010 without the Protocol, this limitation represents a 29% cut). The goal is to lower overall emissions of six greenhouse gases - carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, and perfluorocarbons - averaged over the period of 2008-2012. National limitations range from 8% reductions for the European Union and some others to 7% for the US, 6% for Japan, 0% for Russia, and permitted increases of 8% for Australia and 10% for Iceland.
•The Clean Development Mechanism (CDM) is an arrangement under the Kyoto Protocol allowing industrialised countries with a greenhouse gas reduction commitment countries) to invest in projects that reduce emissions in developing countries as an alternative to more expensive emission reductions in their own countries. The most important factor of a carbon project is that it establishes that it would not have occurred without the additional incentive provided by emission reductions credits.
•Joint implementation (JI) is an arrangement under the Kyoto Protocol allowing industrialised countries with a greenhouse gas reduction commitment (so-called Annex 1 countries) to invest in emission reducing projects in another industrialised country as an alternative to emission reductions in their own countries. Countries with relatively high costs for emission reductions can reduce the costs of complying with their Kyoto targets by using credits from JI projects, as costs of emission reductions are significantly lower in some countries.
WTO & ENVIROMENT PROTECTION
•The WTO has no specific agreement dealing with the environment. However, the WTO agreements confirm governments’ right to protect the environment, provided certain conditions are met, and a number of them include provisions dealing with environmental concerns. The objectives of sustainable development and environmental protection are important enough to be stated in the preamble to the Agreement Establishing the WTO.
• The standing forum dedicated to dialogue between governments on the impact of trade policies on the environment, and of environment policies on trade.
•Under the Doha Development Agenda, the regular committee is also looking at the effects of environmental measures on market access, the intellectual property agreement and biodiversity, and labeling for environmental purposes
•Moreover, the institutional machinery working under WTO for investigating the trade and environment interface, and making positive suggestions towards the objective of sustainable development, is the committee on Trade and Environment (CTE).
The Committee On Trade and Environment
•The 1994 Ministerial Decision on Trade and Environment created the WTO’s Committee on Trade and Environment (CTE), which is open to the entire WTO membership, with some international organizations as observers. The committee’s mandate is broad, and it has contributed to identifying and understanding the relationship between trade and the environment in order to promote sustainable development
•CTE`s work programme
The work programme covers a range of relevant issues, from trade and the environment in general, liberalization and trade barriers, and taxes, to individual sectors such as services and intellectual property, and relations with environmental organizations.
•The Doha mandateThe 2001 Doha Declaration has a section dealing with the committee’s regular work. The focus is on effects of environmental measures on market access, the relevant provisions of the intellectual property agreement, labeling requirements for environmental purposes, technical assistance, sharing expertise for national environmental reviews and environmental aspects of the Doha negotiations.
Issues Sorted By CTE
Sustainable development
Trade is a powerful ally of sustainable development. The WTO’s founding agreement recognizes sustainable development as a central principle, and it is an objective running through all subjects in current Doha negotiations The purpose of trade liberalization and the WTO’s key principle of non-discrimination is a more efficient allocation of resources, which should be positive for the environment
Environmental requirements and market access
The effect of environmental measures on market access is particularly important to the work of the Trade and Environment Committee because it holds the key to ensure that sound trade and environmental policies work together.So, a balance is needed, between safeguarding market access and protecting the environment. WTO member governments agree that they have to examine how environmental measures could be designed
Labeling
Labeling is one of the subjects assigned to the Committee on Trade and Environment (CTE). It is part of an item (3b) on the committee’s work programme in which the committee is assigned to consider the relationship between the provisions of the WTO’s agreements and the requirements governments make for products in order to protect the environment The use of eco-labels (i.e. labeling products according to environmental criteria) by governments, industry and non-governmental organizations (NGOs) is increasing
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