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 costeffective 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

territories or legislative jurisdictions.
6. Thus environmental problems are
nature. Therefore, to prevent such
legislation is not needed only at the
the international level.

does not observe political

intrinsically global in
problems environmental
national level but also at

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
environmental pollutants

for

emission

or

discharge

of

(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. NonGovernmental 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

1.
2.

3.

4.
5.
6.

7.
8.

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:
To advice the Central Government, in any matter concerning
the prevention, control or abatement of air/water pollution.
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.
To collect information relating water/air pollution and to
encourage, conduct, participate in investigations and research
relating to problems of water pollutions.
To plan a comprehensive programme through mass media
for prevention, control or abatement of air /water pollution.
To inspect sewage or trade effluents, works and plants for
the treatment of sewage or trade effluent.
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.
To evolve economical and reliable methods of effluents of
sewage and trade effluents.
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.