Module 8
Module 8
Module 8
Module- 9
India, a country with the seventh largest landmass in the world, is a land of ancient
traditions. With over a billion people and at least 17 major languages, the diversity of India
in terms of culture and biological wealth is enormous. In spite of rapidly changing lifestyles,
the traditions of living in harmony with nature and of environmentally sound practices
underpin the lives of most people. Man is only one of the millions of species existing on
earth. At the same time, man is exploiting nature to the extent that nobody will escape from
the harm caused out of the greedy grabbling. Human demands are never ending It is
against this backdrop that the country's EE strategy has been evolved. The Constitution of
India explicitly makes environmental conservation a duty. The Central Government and all
states within India now have a Ministry or Department of Environment. Education
departments recognize EE as an essential part of education.
The importance of environment and its link to development and the quality of human life
were first addressed on a global level at the Stockholm Conference on Human Environment
in 1972. It was the then Prime Minister, Mrs. Indira Gandhi, who focused attention of the
Conference on this link, stating that “environment cannot be improved in conditions of
poverty”. The environmental movement in is based on traditions that date back several
centuries. The movement blends concerns of development and environment, while
reflecting a broad spectrum of perspectives. In its innovativeness, it reflects the vibrancy of.
Both government and non-government organizations (NGOs) have taken significant
initiatives as active partners in this movement.
India is a highly diverse country in terms of its climate, geography, geology, ethnicity, flora
and fauna, society and economy. Therefore, environmental education in the country has to
be location-specific. Education in schools related to ‘environmental science/ studies’ aims
at improving the quality of environment and creating an awareness regarding
environmental problems and conservation. At the level of the university, environmental
education is looked after by the University Grants Commission. A high-powered committee
has been set up to suggest areas of environmental education to be taught at postgraduate
level. Ten universities currently teach courses in environmental areas.
Today, we are facing a major threat called Global Warming. The climate of various places
on the Earth is going through a major change. The heat level is rising with every passing
day. One of the major factors that contributed for this impending disaster is Pollution,
which is essential man-made. All the smoke from the factories and cars are raising the
pollution level. The wastes from factories which are being dumped in the rivers are slowly
depleting the life of our friends who thrive in water. One of the Eight Wonders of the World,
the Taj Mahal faces a major threat today because of pollution. Environmental Education is
being pushed so that people become aware of this harm they are causing to Mother Earth.
This is a desperate call for awareness and save our abode. The various resources on the
earth is also being depleted which needs to be checked as well. Something so precious as
water and food should never be wasted. Environmental Education is basically an
awareness program in which participation is compulsory for everyone for their own sake.
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Monitoring and enforcement of Environmental regulation:
A number of important environmental laws have been enacted in the form of Acts for
safeguarding the environmental but still we are not able to achieve the target of bringing
33% of land cover under forests and we are losing our wildlife.
The rivers have been turned into open sewers in many places and the air is badly polluted.
The status of environment shows that there are drawbacks in environmental legislations
and problems in their effective implementation. Some of the important drawbacks of our
acts are as Follows:
Drawbacks of Wildlife (Protection) Act, 1975: The Act is fall out of Stockholm
Conference held in 1972 and has locally not involved conservation measures.
o The ownership certificates for the skin of animals like tiger, leopard etc. are
permissible which very often serve as a tool for illegal trading.
o The wildlife traders in Jammu and Kashmir easily get illegal furs and skins
from other states which after making caps; belts etc. are sold or smuggled to
other countries. This is so happening because J & K has its own Wildlife Act
and it does not follow the Central Wild Life Act. Moreover hunting and
trading of several endangered species is prohibited in other states but is
allowed in J & K thereby opening avenues for illegal trading in such animals
and articles.
o The offender of the Act is not subject to very harsh penalties. It is just up to 3
years imprisonment or a fine of Rs. 25,000 or both.
Drawbacks of the Forest (Conservation) Act 1980: This Act has inherited the
exploitative and consumerist elements from the Forest laws of British period. It has
just transferred the powers from the state to centre to decide the conversation of
forest lands to non-forest areas.
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Thus the power has been centralized at the top. The Act has failed to attract public
support because it has infringed upon the human rights of the poor native people.
They argue that the law is concerned in protecting the trees, birds and animals, but
it is treating the poor people as marginal. Very poor community participation in the
Act remains one of the major drawbacks which affect proper execution of the Act.
The forest-dwelling tribal communities have a rich knowledge about the forest
resources, their importance and conservation but, their role and contribution is
neither acknowledged nor honored.
Drawbacks of Pollution Related Acts: The power and authority has been given to
Central government with little delegation of power to State Government. Excessive
centralization very often hinders efficient execution of the provisions of the Acts in
the states.
Illegal mining is taking place in forest areas. In Rajasthan alone, about 14,000 cases
of illegal mining have been reported. It becomes more difficult to check such
activities at the central level.
1. The provision of the penalties in the Act is very insignificant as compared to the
damage caused by the big industries due to pollution. The penalty is much less than
the cost of the treatment \ pollution control equipment.
2. The Act has not included the "right to information" for the citizens. This greatly
restricts the involvement or participation of general public.
4. Under section 19, a person cannot directly file a petition in the court on a question
of environment and has to give a notice of minimum 60 days to the central
government. In case no action is taken by the latter, then alone the person can file a
petition which certainly delays the remedial action.
6. The State Boards very often lack adequate funds and expertise to pursue their
objectives.
7. A tendency to seek to exercise gentle pressure on the polluter and out of the court
settlements usually hinders the implementation of legal measures.
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8. For small units it is very expensive to install Effluent Treatment Plant (ETP) or Air
Pollution Control devises and sometimes they have no other option but to close the
unit. The Act should make some provision for providing subsidies for installing
treatment plants or common effluent treatment plants for several small units.
9. The pollution control laws are not backed by sound policy pronouncements or
guiding principles.
10. The position of chairman of the boards is usually occupied by political appointee.
Hence it is difficult to keep political interference at bay.
11. The policy statement of the Ministry of Environment and Forests (1992) involving
public in decision making and facilitating public monitoring of environmental issues
has mostly remained on paper.
There is also a need for environmental law education and capacity building in
environmental issues for managers.
Environmental Acts:
In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and
improve the environment and to safeguard the forests and wildlife of the country’. It
imposes a duty on every citizen ‘to protect and improve the natural environment including
forests, lakes, rivers, and wildlife’. Reference to the environment has also been made in the
Directive Principles of State Policy as well as the Fundamental Rights. The Department of
Environment was established in India in 1980 to ensure a healthy environment for the
country. This later became the Ministry of Environment and Forests in 1985.
The constitutional provisions are backed by a number of laws – acts, rules, and
notifications. The EPA (Environment Protection Act), 1986 came into force soon after the
Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the
existing laws. Thereafter a large number of laws came into existence as the problems began
arising.
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Air pollution is increasing day by day; due to this the amount of greenhouse gases in
atmosphere is increasing. Therefore the escaping solar radiation which gets obstructed by
these greenhouse gases obstructs the radiation more than the normal. As a result, earth
becomes warmer and leads to Global Warming. So to avoid such dangerous situations some
acts were introduced by the governments of several countries. In India, to restrict the
amount of air pollution, Air Act was enacted by the parliament.
An Act to provide for the prevention, control and abatement of air pollution, for the
establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring
on and assigning to such Boards powers and functions relating thereto and for matters
connected therewith.
Whereas decisions were taken at the United Nations Conference on the Hum an
Environment held in Stockholm in June, 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of the earth which, among
other things, include the preservation of the quality of air and control of air pollution; and
whereas it is considered necessary to implement the decisions aforesaid in so far as they
relate to the preservation of the quality of air and control of air pollution.
1. According to this Air Act 1981 (Prevention and Control of Air pollution) 'Air
pollution' refers to any solid, liquid or gaseous substance present in the atmosphere
in a concentration that might pose a threat to humans, plants or other organisms.
2. The Act was enacted by the parliament in the 32nd year of the republic of India with
the aim to prevent, control and mitigates air pollution. The main objective of this Act
is to establish central and State Boards and empower them to monitor air quality
and control pollution.
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8. Organize mass awareness programmes through mass media to disseminate and
educate the public regarding pollution prevention, control and abatement.
9. Collect, compile and publish technical and statistical data regarding environmental
pollutants and workout various activities for prevention, control and abatement of
pollutants.
10. Prepare manuals, codes and guidelines regarding treatment and disposal of sewage.
11. Lay down standards for quality of air or water in consultation with the respective
state government.
12. Set up research laboratories.
13. The CPCB is empowered to issue consent to industry, local bodies and other
authority for violation of rules regarding general emission, effluent standards,
hazardous chemicals and waste, bio-medical waste, industrial solid waste, municipal
solid waste under the Environment Protection Act, 1986
The Environment (Protection) Act, 1986:
The genesis of the Environmental (Protection) Act, 1986, thus, is in Article 48A (Directive
Principles of State Policy) and Article 51A (g) (Fundamental Duties) of the Indian
Constitution.
Soon after the United Nations Conference on the Human Environment held at Stockholm in
1972, the Water (Prevention and Control of Pollution) Act, 1974 came on the statute book.
The Air (Prevention and Control of Pollution) Act came in 1981 and finally came the
Environment (Protection) Act, 1986.
The Environment (Protection) Act, 1986 has 26 Sections and it has been divided into four
chapters relating to i) Preliminary, ii) General Powers of the Central Government, iii)
Prevention, Control, and Abatement of Environmental Pollution, iv) Miscellaneous.
The Act consists of and deals with more stringent penal provisions. The minimum
penalty for contravention or violation of any provision of the law is an
imprisonment for a term which may extend to five years or fine up to one lakh
rupees, or both. The Act also provides for the further penalty if the failure or
contravention continues after the date of conviction. It is Rs. 5000/- per day. If the
failure of contravention continues beyond the period of one year, then the offender
is punished with imprisonment for a term which may extend to seven years.
The Act empowers the Central Government to take all appropriate measures to
prevent and control pollution and to establish effective machinery for the purpose
of protecting and improving the quality of the environment and protecting
controlling and abating environmental pollution.
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The Central Government or any other person duly authorized is empowered to
collect the samples of air, water, soil or other substances as evidence of the offences
under the Environment (Protection) Act, 1986.
The Act prescribes a special procedure for handling hazardous substances and the
concerned person has to handle the hazardous substances according to the
procedure of the Act.
The Environment (Protection) Act, 1986 has relaxed the rule of “Locus Standi” and
because of such relaxation even a common citizen can approach the Court provided
he has given a notice of sixty days of the alleged offence and his intention to make a
complaint to the Central Government or any other competent authority.
In the commission of the offence under this Act by Government Department, the Act
holds the Head of the Department as guilty of the offence unless the head of the
Department proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such offence.
This Act also empowers and authorizes the Central Government to issue directions
for the operation or process, prohibition, closure, or regulation of any industry. The
Central Government is also authorized to stop, regulate the supply of electricity or
water or any other service directly without obtaining the order of the Court in this
regard.
The Environment (Protection) Act, 1986 grants immunity to the officers of the
Government for any act done under the provisions of this Act or under the powers
vested in them or functions assigned to them under this Act.
The Central Government is also empowered to enter and inspect any place through
any person or through any agency authorized by Central Government.
The Act debars the Civil Courts from having any jurisdiction to entertain any suit or
proceeding in respect of an action, direction, order issued by Central Government or
other statutory authority under this Act.
Under the Act, there will be supremacy of provision. In other words, the provisions
of this Act and the rules or orders made under this Act shall have effect and
supremacy over anything inconsistent contained in any enactment other than this
Act.
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Wildlife Protection Act, 1972:
An Act to provide for the protection of Wild animals, birds and plants and for matters
connected therewith or ancillary or incidental thereto. The Wildlife Protection Act, 1972 is
an Act of the Parliament of India enacted for protection of plants and animal species. Before
1972, India only had five designated national parks. Among other reforms, the Act
established schedules of protected plant and animal species; hunting or harvesting these
species was largely outlawed.
Introduction:
The Wildlife Protection Act, 1972, provides for protection to listed species of flora and
fauna and establishes a network of ecologically-important protected areas. The Wildlife
Protection Act, 1972 empowers the central and state governments to declare any area a
wildlife sanctuary, national park or closed area. There is a blanket ban on carrying out any
industrial activity inside these protected areas. It provides for authorities to administer and
implement the Act; regulate the hunting of wild animals; protect specified plants,
sanctuaries, national parks and closed areas; restrict trade or commerce in wild animals or
animal articles; and miscellaneous matters. The Act prohibits hunting of animals except
with permission of authorized officer when an animal has become dangerous to human life
or property or as disabled or diseased as to be beyond recovery.
In 1973, a centrally sponsored scheme Project Tiger was launched to ensure the
maintenance of the population of tigers in India. In 1991-92, The Project Elephant was
launched aiming at ensuring long term survival of identified viable population of Elephants
and tackling the problematic decrease of the elephant population. This is the
comprehensive description on the evolution and development of wildlife protection in
India.
The major provisions of the Wildlife (Protection) Act, 1972 are as following.
Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states
except Jammu and Kashmir. This is the first comprehensive legislation relating to
protection of wild life was passed by the Parliament and it was assented by the
President on 9th September, 1972 and came to be known as The Wild Life
(Protection) Act, 1972 (53 of 1972).
Driving any wild animal for any of purposes specified in sub clause; injuring or
destroying or taking any part of the body of any such animal, or in the case of wild
birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs
or nests of such birds or reptiles.
This Act prohibits hunting of any wild animal and any person who hunts any wild
animal shall be punishable with imprisonment for a term which may extend to 3
years or with fine which may extend to Rs. 25000/- or with both. However if any
person commits the offence in the sanctuary or national park, with respect any
animal shall be punishable with imprisonment which shall not be less than 1 year
but may extend to 6 years and also with fine which shall not be less than 5000/-.
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Any animal has become dangerous to human life or is as disabled or diseased as to
be beyond recovery permit any person to hunt such animal or cause animal to be
hunted
Animal has become dangerous to human life or to property (including standing
crops on any land) or is as disabled or diseased as to be beyond recovery permit any
person to hunt such animal or cause such animal to be hunted
The killing or wounding in good faith of any wild animal in defense of oneself or of
any other person shall not be an offence
Any wild animal killed or wounded in defense of any person shall be Government
property.
Grant of permission for hunting for special purposes and any wild animal specified in such
permit, for the purpose of
Education
Scientific research
Scientific management; means and includes
o translocation of any wild animal to an alternative suitable habitat
o Population management of wildlife, without killing or poisoning or destroying any
wild animals.
Collection of specimens
o for recognized zoos subject to the permission
o for museums and similar institutions
Derivation, collection or preparation of snake-venom for the manufacture of life saving
drugs
An Act to provide for the conservation of forests and for matters connected therewith or
ancillary or incidental thereto. It extends to the whole of India except the State of Jammu
and Kashmir. It shall be deemed to have come into force on the 25th day of October, 1980.
Restriction on the de-reservation of forests or use of forest land for non-forest purpose:
Notwithstanding anything contained in any other law for the time being in force in a state,
no State Government or other authority shall make, except with the prior approval of the
Central Government.
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3. Cultivation of fruit-bearing trees or oil-bearing plants or medicinal plants would
also require prior approval of the Central Government except when.
a. The species to be planted are indigenous to the area in a question
b. Such planting activity is part over all Afforestation programme for the forest
area in question.
4. Cultivation of tea, coffee, spices, rubber and palm is a non- forestry activity,
attracting the provisions of the Act.
5. Tusser cultivation in forest areas by the tribal as a means of their livelihood without
undertaking monoculture Asan or Arjun plantation shall be treated as a forestry
activity. Therefore, no prior approval of the Central Government under the Act is
necessary.
6. Plantation of mulberry for silkworm rearing is a non- forestry activity the
provisions of the Act.
7. Mining including underground mining is a non- forestry activity. Therefore, prior
approval of the Central Government is essential before a mining lease in respect of
any forest area. The Act would apply not only to the surface area which is used in
the mining but also to the entire underground mining area beneath the forest. A
renewal of an existing mining lease in a forest area also requires the prior approval
of the Central Government. Continuation or resumption of mining operation on the
expiry of a mining lease without prior approval would amount to contravention of
the Act.
8. Boulders, bajri, stone, etc., in the riverbeds located within forest areas would
constitute a part of the forest land and their removal would require prior approval
of the Central Government.
The Act defined terms like pollution, sewage effluent, trade effluent, stream and boards.
The salient features and provisions of the Act are summed up as follows:
i. The Act provides for maintenance and restoration of quality of all types of surface
and ground water.
ii. It provides for the establishment of Central and State Boards for pollution control.
iii. The Act assigns powers and functions to these Boards to control pollution.
iv. The Central and State Pollution Control Boards are given comprehensive powers to
advise, coordinate and provide technical assistance for prevention and control of
water pollution.
v. The Act has provisions for funds, budgets, accounts and audit of the Central and
State Pollution Control Boards.
vi. The Act prohibits disposal of any poisonous, noxious or polluting matter to the flow
of water in a stream. However, dumping of any material into a stream for the
purpose of reclamation of land is not considered an offence.
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vii. The Act provides for severe and deterrent punishments for violation of the Act
which includes fine and imprisonment.
The main regulatory bodies are the Pollution Control Boards, which have been conferred
the following functions and powers.
Functions of Central Pollution Control Board (CPCB):
CPCB advises the Central government in matters related to prevention and control
of water pollution.
Coordinates activities of State Pollution Control Boards and provides them technical
assistance and guidance.
Organizes comprehensive programmes on pollution related issues through mass
media.
Lays down standards for water quality parameters.
Collects, compiles and publishes technical and statistical data related to pollution.
Prepares manuals for treatment and disposal of sewage and trade effluents.
Establishes laboratories for analysis of water, sewage or trade effluent samples.
Functions of State Pollution Control Board (SPCB):
The SPCB has similar functions to be executed at state level and are governed by the
directions of CPCB.
SPCB advises the State government with respect to the location of any industry that
might pollute a stream or river.
It lays down standards for effluents entering the water bodies.
The State Board has powers to obtain information, to take samples of effluents from
any industry, to sanction or refuse consent of the industry, to make survey of any
area and gauge and keep record of the volume and other characteristics of any
stream or well.
Every industry has to obtain consent from the Board (granted for a fixed duration)
by applying on a prescribed proforma providing all technical details along with a
prescribed fee following which analysis of the effluent is carried out.
A person empowered by the Board has the right to enter, inspect and examine any
plant, record, register, document or any other material object, or for conducting a
search of any place where he has reason to believe that no offence of water pollution
is committed.
The Board has powers to restructure the outlets for dumping pollutants. The Board
suggests efficient methods for utilization, treatment and disposal of trade effluents.
While development is necessary for the progress of a nation but it is most important to
prevent pollution, which can jeopardize the existence of man. Installation and proper
functioning of effluent treatment plants in all polluting industries is a must for checking
pollution of water and land. Despite certain limitations in the Act, the Water Act has ample
provisions for controlling water pollution through legal measures.
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Objectives:
Protection of livelihoods of traditional fisher folk communities
Preservation of coastal ecology
Promotion of economic activity that have necessarily to be located in coastal
regions.
The CRZ Notification 1991 has been amended for more than 25 times up till now and
among the new features, it includes Goa, Kerala, Greater Mumbai and critically vulnerable
coastal areas (CVCAs) like Sunderban Mangrove Area, Chilka and Bhitarkanika (Orissa),
Gulf of Khambat and Gulf of Kutch (Gujarat), Malwan (Maharashtra), Karwar and Kundapur
(Karnataka), Vembanad (Kerala), Coringa, East Godavari and Krishna Delta (Andhra
Pardesh), Gulf of Mannar (Tamil Nadu). Area now includes the water area up to 12 nautical
miles in the sea and the entire water area of a tidal water body such as creek, river, estuary,
etc.
Category - I (CRZ I)
Areas those are ecologically sensitive and important such as national parks, marine parks,
sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to
breeding and spawning grounds of fish and other marine life, areas of outstanding natural
beauty. historically important and heritage areas, area rich in genetic diversity, areas likely
to be inundated due to rise in sea level consequent upon global warming and such other
areas as notified by government from time to time .
Category - II (CRZ I I)
It is the area that has already been developed up to or close to the shoreline. For this
purpose ,developed area is referred to as area within the municipal limits or other legally
designated urban areas which is already substantially build up ad which has been provided
with drainage and approach roads and other infrastructure facilities such as water supply
and sewerage lines.
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Category - III (CRZ III)
Area that are relatively undisturbed and those which do not belong to either I or II . These
will include coastal zone in the rural areas developed or undeveloped and also areas within
municipal limits or in other legally designated urban areas which are not substantially built
up.
The final controlling authority in most of the issues related to environmental management
is the government itself. For example, most of the forest areas are owned by the
government, only the government can build dams, roads, railways, etc. industrial or any
other related activity cannot start without the approval of the government.
Similarly, government is directly or indirectly responsible for meeting the costs of floods,
droughts, epidemics, and other environmental disasters. Therefore, the government has to
apply various checks and controls so that the environment is managed properly.
However, the management of environment cannot be successful until and unless everybody
takes interest in it. It is difficult for the government to directly involve the masses in
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general. Here the role of non-governmental agencies becomes vital. They do not have to
follow the formalities, which a government department has to do.
Environmental Governance:
Environmental governance is a concept in political ecology and environmental policy that
advocates sustainability (sustainable development) as the supreme consideration for
managing all human activities—political, social and economic. Governance includes
government, business and civil society, and emphasizes whole system management. To
capture this diverse range of elements, environmental governance often employs
alternative systems of governance, for example watershed-based management.
It views natural resources and the environment as global public goods, belonging to the
category of goods that are not diminished when they are shared. This means that everyone
benefits from for example, a breathable atmosphere, stable climate and stable biodiversity.
Public goods are non-rivalrous—a natural resource enjoyed by one person can still be
enjoyed by others - and non-excludable - it is impossible to prevent someone consuming
the good (breathing). Nevertheless, public goods are recognized as beneficial and therefore
have value. The notion of a global public good thus emerges, with a slight distinction: it
covers necessities that must not be destroyed by one person or state.
The non- rivalrous character of such goods calls for a management approach that restricts
public and private actors from damaging them. One approach is to attribute an economic
value to the resource. Water is possibly the best example of this type of good.
*****
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