CHAPTER 6

Environment (Protection) Act, 1986 - Background

• Th e Environm ent (Protection) Act was passed in 1986 with th e primary

goal of protecting and improving the environment, as well as matters
related to it.
• Th e original Indian Con stitution had no provision for th e protection of the
natural environment.
• Th e 42nd Amendment to the Constitution, on the other han d, included the
conservation of the environment, including forests, lakes, rivers, and
animals, as a duty of th e people of th e country.
• Th is amendment also in clu ded addition al Directive Prin ciples of State
Policy, on e of wh ich was Article 48A, wh ich required the State to m aintain
and develop th e environment, as well as to protect forests and animals.
• These changes were the consequence of the 1972 United Nations
Conference on the Human Environment in Stockholm.
• In comparison to all prior environmental legislation, the Environment
(Protection) Act of 1986 is a more effective and aggressive approach to
combat pollution.
• Th e Act allows th e Central Governm ent to take all required steps to
prevent and regulate pollution, as well as to bu ild effective m ach inery for
the purpose of protecting, improving, and regulating environmental
pollution.

Environment (Protection) Act, 1986 - Objectives

• To put into action the m ajor decision s m ade on environm ental safety and
protection at th e United Nations Conferen ceon th e Human Environm ent
in Stockholm in June 1972.
• To establish new authorities for the aim of protecting and developin g the
environment, as well as to coordinate the actions of already established
agencies established under earlier laws.
• To impose severe and deterrent punishment on those who damage the
natural environment's safety and health.
• To promote the development of subordinateand delegated laws on
environmentally sensitive themes and environmental protection.
 • To en couragesustain able developm ent, that is, to strike a balance between
overall development and environmental conservation.

Need for an Environmental Protection Act

• India previou sly h ad som e environmental legislation, but there was a need
for comprehensive legislation that covered the gaps in th e current laws.
• As a result, it was passed to bring broad law in environmental
protection and cover other significant areas of previously revealed
environmental concerns.
• Th e Stockholm Conference, which brought to international attention the
im pact of human activities on the environm ent was also on e of th e reasons
for this act.
• Development and the environment were at a crossroads, and the conferen ce
highlighted the im portance of recon ciling them for th e good of people and
t h e earth as a whole.
• Th e Bh opal Gas Tragedy was another reason. It was about an oleum gas
leak from an industry that proved disastrous to the people and the
environment.
• Th is instan ce highlighted th e significance of regulating enterprises so that
they may not simply escape penalty for inflicting environmental harm.
• Furthermore, the need was recognised because, while India had various
environm ental laws, such as th e Air Act an d Water Act, there was no
overall legislation that integrated and coordinated their activities and
duties.

Environment (Protection) Act, 1986 - Salient Features

• The Environmental (Protection) Act, 1986 has its origins in the Indian
Constitution's Article 48A (Directive Principles of State Policy)
and Article 51A (g) (Fundamental Duties).
• The Act empowers the Central Government to take all appropriate
measu res to prevent and control pollution, as well as to establish effective
machinery for the purpose of protecting, improving, and controlling
environmental pollution.
• Th e Act specifies a special procedu re for handling hazardous substances,
and th e person in question is required to follow the Act's procedure.
• Th e En vironm ent (Protection) Act of 1986 relaxed th e rule of "Locus
Standi," and as a result, even a common citizen can approach the Court if
 he gives a sixty-day notice of th e alleged offence and his intention to file a
complaint with the Central Government or any other competent authority.
• The Environment (Protection) Act of 1986 provides immunity to
governm ent officers for any act performed under the provisions of this Act
or under the powers vested in them or functions assign ed to them by this
Act.
• Th e Act prohibits Civil Courts from h earing any suit or proceeding based
on an action, direction, or order issued by the Central Government or
another statutory authority under this Act.
• Th e provisions of this Act, as well as any ru les or orders issued under it,
take precedence over anything inconsistent in any other enactment.

AIR AND POLLUTION ACT 1981

What is th e Air Act, 1981?

Th e Air Act 1981, also known as Prevention and Pollution Control Act, 1981 is
a law passed by th e parliam ent of India in the 32n d Year of the Republic of India.
Th is law i.e th e Air Act was passed to control and prevent th e harm ful effects
cau sed by air pollution. Th e objective of this act is to prevent, control, an d abate
air pollution.

What is th e objective of The Air Act, 1981?

This is “An Act to provide for th e prevention, control, and abatement of air
pollution, for the establishment, with a view of carrying out the aforesaid
purposes, of Boards, for conferring on and assignin g to such Boards powers and
functions relating thereto and for matters connected therewith”.

Why was th e Act Passed?

Th e decisions were to be taken at the Un ited Nations Conference in Stockholm

in June 1972, on the Human Environment, where India participated to take
appropriate steps for th e preservation of th e natural resources of th e earth which
also include the control of air pollution and preservation of th e quality of air.

What are th e causes of th e pollution in Air?

Artificial Causes:
Pollution wh ich is caused by m an -made causes or because of th e intervention of
humans. This type of pollution is called artificial pollution or pollution by
artificial causes. The main reasons for artificial pollution are:

• Population growth
• Industrialization

Examples:

• Food Pollution,
• Radio-active pollution
• Soil Pollution/ Land Pollution,
• Sound Pollution/ Noise Pollution,
• Water Pollution, etc.

Natural Causes:
Air pollution can also be caused by the events of nature such as Cyclones,
Earthquakes, Floods. This type of pollution is called Natural pollution or
pollution by Natural causes.

Examples:

• Acid rains,
• Cyclones,
• Earthquakes
• Floods,
• Ozone depletion, etc.

Effect of Air pollution on Humans:

Air pollution has an adverse effect on human health in both the short term and
lon g term. It causes respiratory diseases such as respiratory infections, and affects
th e people wh o are already having an y type of health infection. Not only hum ans,
it also affects animals to a large extent.

Salient features of th e Act:

The salient features of this act are:

• Section-3: Only The Central Pollution Control Boards and State Pollution
Control Boards can exercise the powers without prejudice.
• Section 4: In t h e states where there is a Water Pollution Control Board
already established, the same board will be given the joint responsibility of
 controlling and monitoring air pollution, and will be called the State
Pollution Control Board.
• Section 5: In the states where no Water Pollution Control Board is
established, a new Pollution Control Board will be set up for the
responsibility of controlling and monitoring air pollution.
• Section 16: It describes th e functions of th e Central Pollution Control
Board, which are:
o Set th e standards in India for Air Quality.
o Research about air pollution.
o Plan and organize the personnel training.
o Spread awareness and information about air and air pollution.
o Support and advise the State Boards in carrying out their functions.
o Support and advise the Central government on matters related to air
pollution.
• Section 17: It describes the functions of th e State Pollution Control, which
are:
o Advise t h e State Government about t he feasibility of conducting
industrial activity concerning air pollution.
o Carry out inspections at necessary intervals.
o Plan and organize th e personnel training in collaboration with the
Central Board.
o Support and advise the State Government on matters about air and
air pollution.

How do we control Air pollution?

These are few among the best ways to control air pollution:

• Minimize the use of chemicals.

• Use only public transport whenever possible.
• Reduce the use of appliances that cause emissions.
• Use reusable and recyclable products.
• Avoid usage of smoke-emitting substances.
• Avoid burning wastage.
• Reduce forest fires.
• Stop deforestation.

WILDLIFE PROTECTION ACT 1972

Th is Act provides for the protection of the country’s wild an im als, birds, and plant
species, in order to ensure environm ental and ecological security. Amon g other
things, the Act lays down restrictions on hunting many animal species. The Act
was last amended in th e year 2006. An Amendment bill was introduced in the
Rajya Sabha in 2013 an d referred to a Standing Com m ittee, but it was withdrawn
in 2015.
Constitutional Provisions for the Wildlife Act
Article 48A of th e Con stitution of India directs the State to protect and im prove
th e environm ent and safeguard wildlife an d forests. This article was added to the
Constitution by the 42nd Amendmentin 1976.
Article 51A im poses certain fundam ental duties for the people of India. One of
them is to protect and improve the natural en vironment in clu din g forests, lakes,
rivers, and wildlife and to have compassion for living creatures.
History of wildlife protection legislation in India

• The first such law was passed by the British Indian Government in 1887
called th e Wild Birds Protection Act, 1887. Th e law sought to proh ibit the
possession and sale of specified wild birds that were either killed or
captured during a breeding session.
• A second law was enacted in 1912 called the Wild Birds and Animals
Protection Act. This was amended in 1935 when the Wild Birds and
Animals Protection (Amendment) Act 1935 was passed.
• Du ring the British Raj, wildlife protection was not accorded a priority. It
was only in 1960 that the issue of protection of wildlife and the prevention
of certain species from becoming extinct came into the fore.

Need for the Wildlife Protection Act

Wildlife is a part of ‘forests’ and this was a state subject until the Parliament
passed this law in 1972. Now it is Concu rrent List. Reason s for a nation wide law
in th e domain of environment particularly wildlife include the following:

1. India is a treasure-trove of varied flora and fauna. Many species were

seeing a rapid decline in numbers. For instance, it was mentioned by
Edward Pritchard Gee (A naturalist), that at th e turn of th e 20th century,
India was home to close to 40000 tigers. But, a censu s in 1972 showed this
number drastically reduced to about 1827.
2. A drastic decrease in the flora an d fauna can cause ecological im balance,
which affects many aspects of climate and the ecosystem.
3. Th e m ost recent Act passed during th e British era in this regard was the
Wild Birds and An im als Protection, 1935. Th is needed to be upgraded as
th e punishments awarded to poach ers and traders of wildlife products were
disproportionate to the huge financial benefits that accrue to them.
4. Th ere were on ly five national parks in India prior to th e enactment of this
Act.
Salient Features of Wildlife Protection Act
This Act provides for the protection of a listed species of animals, birds, and
plants, and also for the establishment of a network of ecologically-important
protected areas in the country.

• The Act provides for t h e formation of wildlife advisory boards, wildlife

wardens, specifies their powers and duties, etc.
• It helped India become a party to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
o CITES is a multilateral treaty with t h e objective of protecting
endangered animals and plants.
o It is also known as th e Washington Convention and was adopted
as a result of a meeting of IUCN members.
• For th e first time, a comprehensive list of th e endangered wildlife of the
country was prepared.
• The Act prohibited the hunting of endangered species.
• Scheduled animals are prohibited from being traded as per t h e Act’s
provisions.
• The Act provides for licenses for the sale, transfer, and possession of some
wildlife species.
• It provides for the establishm ent of wildlife sanctuaries, national parks, etc.
• Its provisions paved the way for the formation of the Central Zoo
Authority. Th is is the central body responsible for the oversight of zoos in
India. It was established in 1992.
• Th e Act created six schedules wh ich gave varying degrees of protection to
classes of flora and fauna.
o Schedule I and Schedule II (Part II) get absolute protection, and
offences under these schedules attract the maximum penalties.
o The schedules also include species that may be hunted.
• Th e National Board for Wildlife was constituted as a statutory
organization under the provisions of this Act.
o This is an advisory board that offers advice to t h e central
government on issues of wildlife conservation in India.
o It is also th e apex body to review and approve all matters related to
wildlife, projects of national parks, sanctuaries, etc.
o The chief function of the Board is to promote the conservation and
development of wildlife and forests.
o It is chaired by th e Prime Minister.
 • The Act also provided for the establishment of the National Tiger
Conservation Authority.
o It is a statutory body of th e Min istry of En vironment, Forest and
Clim ate Chan ge with an overall supervisory and coordination part,
performing capacities as given in the Act.
o Its mandate is to strengthen tiger conservation in India.
o It gives statutory authority to Project Tiger which was launched in
1973 and has put the endangered tiger on a guaranteed path of
revival by protecting it from extinction.

Protected Areas under the Wildlife Protection Act

There are five types of protected areas as provided under the Act. They are
described below.
1. Sanctuaries: “Sanctuary is a place of refu ge where inju red, abandoned, and
abu sed wildlife is allowed to live in peace in their n atural environm ent without
any human intervention.”

1. They are naturally-occurrin g areas where endangered species are protected

from poaching, hunting, and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the sanctuaries.
5. A wildlife sanctuary is declared by the State government by a Notification.
Boundaries can be altered by a Resolution of th e State Legislature.
6. Human activities such as timber harvesting, collecting minor forest
products, and private own ersh ip rights are perm itted as lon g as they do not
interfere with the animals’ well-being. Limited human activity is
permitted.
7. Th ey are open to the gen eral public. But people are not allowed unescorted.
Th ere are restrictions as to who can enter and/or reside within the lim its of
th e sanctuary. On ly public servants (and his/her family), persons wh o own
im movable property inside, etc. are allowed. People using th e high ways
which pass through sanctuaries are also allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are perm itted in side so that they can study the
area and its inhabitants.
10.Th e Chief Wildlife Warden (who is the authority to control, manage
and maintain all sanctuaries) m ay grant perm ission to persons for entry
or residence in the sanctuary for th e study of wildlife, scientific research,
photography, the transaction of any lawfu l bu sin ess with person s residing
inside, and tourism.
 11.Sanctuaries can be upgraded to the status of a ‘National Park’.
12.Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat);
Vedanthangal Bird Sanctuary in Tamil Nadu (oldest bird sanctuary in
India); Dandeli Wildlife Sanctuary (Karnataka).

2. National Parks: “National Parks are th e areas that are set by th e government
to conserve the natural environment.”

1.
1.
1. A national park has more restrictions as compared to a
wildlife sanctuary.
2. National parks can be declared by th e State government by
Notification. No alteration of the boundaries of a n ational park
shall be made except on a resolution passed by the State
Legislature.
3. Th e m ain objective of a national park is to protect the natural
environment of th e area and biodiversity conservation.
4. Th e landscape, fauna, an d flora are present in their natural
state in national parks.
5. Their boundaries are fixed and defined.
6. Here, no human activity is allowed.
7. Grazing of livestock and private tenurial rights are not
permitted here.
8. Species m entioned in th e Schedu les of th e Wildlife Act are
not allowed to be hunted or captured.
9. No person shall destroy, rem ove, or exploit any wildlife from
a National Park or destroy or damage the habitat of any wild
animal or deprive any wild animal of its habitat within a
national park.
10.Th ey cannot be downgraded to the status of a ‘san ctuary’.
11.Examples: Bandipur National Park in Karnataka; Hemis
National Park in Jammu & Kashm ir; Kaziranga National Park
in Assam. See more on List of National Parks in India.
3. Conservation Reserves: The State governm ent m ay declare an area
(particularly those adjacent to sanctuaries or parks) as conservation reserves after
consulting with local communities.
4. Community Reserves: Th e State governm ent may declare any private or
community land as a community reserve after consultation with the local
community or an individual who has volunteered to conserve the wildlife.
5. Tiger Reserves: These areas are reserved for th e protection and conservation
of tigers in India. They are declared on the recomm endations of the National Tiger
Conservation Authority.
The amended Wildlife Act doesn’t allow any commercial exploitation of
forest produce in both wildlife sanctuaries and national parks, and local
communities are allowed to collect forest produce only for their bona fide
requirements.

Schedules of the Wildlife Protection Act

There are six schedules provided in the Wildlife Protection Act. They are
discussed in the table below.

Schedule I Schedule II

• Th is Schedu le covers endangered • Animals under this list are also

species. accorded high protection.
• These species need rigorous protection • Their trade is prohibited.
and therefore, the harshest penalties for • They cannot be hunted except
violation of the law are under this under threat to human life.
Schedule.
• Examples: Kohinoor (insect),
• Species under this Schedule are Assamese Macaque, Bengal
prohibited to be hunted throu ghout India, Hanuman langur, Large Indian
except under threat to human life. Civet, Indian Fox, Larger
• Absolute protection is accorded to species Kashmir Flying Squirrel,
on this list. Kashmir Fox, etc.
• The Trade of these animals is prohibited.
• Examples: tiger, blackbuck, Himalayan
Brown Bear, Brow-Antlered Deer, Blue
whale, Common Dolphin, Cheetah,
Clouded Leopard, hornbills, Indian
Gazelle, etc.

Schedule III & IV Schedule V

• This list is for species that are not • This schedule contains animals
endangered. that can be hunted.
• This includes protected species but the • Examples: mice, rat, common
penalty for any violation is less com pared crow, fruit bats, etc.
to th e first two schedules.
 • Examples: hyena, Himalayan rat,
porcupine, flying fox, Malabar tree toad,
etc.

Schedule VI

• This list contains plants that are forbidden from cultivation.

• Examples: pitcher plant, blue vanda, red vanda, kuth, etc.

Forest Conservation Act 1980

What is the main purpose of the Forest Conservation Act 1980?

Th e purpose of this Act is to foster recogn ition of the forest as a com mon h eritage
and promote sustainable forest development in order to meet the economic,
environmental and social needs of present and future generations .

INTRODUCTION
Forest Conservation Act 1980 is a unique piece of legislation and regulatory
mechanism that reflects the collective will of th e nation to protect its rich forests,
biodiversity and natural heritage and resources. The act permits only the
inevitable use of forest land for different purposes of produ ction. It em bodies the
strong comm itm ent of the Governm ent and the Departm ent to align the protection
of forests with the sustain able development needs of a community that contributes
to a healthier clim ate, h ealth and econom y. Th e Forest Protection Act, 1980, is
an act passed by the Parliament of India to protect forests and regulate forest
deforestation in India.

HISTORY OF THE FOREST CONSERVATION ACT OF 1980

Th e Indian Forest Act of 1865 was th e first legal draft on th is subject. Du ring the
colonial era, it was later replaced by the Indian Forest Act of 1927. When a law
is passed, th e expectation is that it wou ld resolve the social problem that it was
enacted to address. Wh en the Indian Forest Act of 1927 was passed, th e sam e
hope was expressed, but it was limited to British interests only.
Th e n eed to conserve forests became m ore urgent after In dia’s independence, and
th e President of India enacted the Forest (Conservation ) Ordinance, 1980. Section
5 of th e Forest (Conservation) Act of 1980, wh ich went into effect on October
25, 1980, repealed th e ordinance. It was passed to protect the country’s forests
and m atters related to them . The act was introduced in th e parliam ent on the
25 th of October,1980. Th is act, unlike the previous one, prevented the conversion
of a forested area into a non-forested one.

IMPORTANCE OF THE ACT

The importance of forests cannot be underestimated in our lives. We rely on
forests for our su rvival from the air we breathe to the wood we use. In addition to
providing protection for livestock and human livelihoods, forests protect
watersheds, prevent soil erosion and fight climate change.

The main importance of the forest conservation act of 1980 is to protect and
preserve th e forests of th e country and prevent deforestation which leads to land
erosion and degradation of the land. It aims to protect the flora and fauna and
other diverse ecological components. It prevents the con version of forested areas
into n on forested areas like agricultu re lands, residential units an d others and also
prevents the loss of forest biodiversity.

The State government and other authorities are no longer permitted to make
decisions in certain areas without first obtaining approval from the federal
governm ent. The central government has full authority to carry out th e laws of
this Act. Infringement of this Act’s provisions would also be punishable.

Features of the Forest Conservation Act 1980

The Forest Conservation Act of 1980 come with the following features:

1. The Act restricts t h e state government and other authorities to take

decisions first without permission from the central government.
2. The Forest Conservation Act gives complete authority to t h e Central
government to carry out the objectives of th e act.
3. The Act levies penalties in case of violations of th e provisions of FCA.
4. The Forest Conservation Act will have an advisory committee which will
help th e Central government with regard to forest conservation.
SOLID WASTE MANAGEMENT RULES

• Th e Rules are now applicable beyond Municipal areas and extend to urban
agglomerations, censu s town s, notified indu strial town ships, areas under
th e control of Indian Railways, airports, airbase, Port and harbou r, defence
establishments, special economic zones, State and Central government
organization s, places of pilgrim s, religiou s & historical importance.
• Th e sou rce segregation of waste has been m andated to channelize the waste
to wealth by recovery, reuse and recycle.
• Responsibilities of Gen erators have been introduced to segregate waste in
to three streams, Wet (Biodegradable), Dry (Plastic, Paper, m etal, wood,
etc.) an d domestic hazardou s wastes (diapers, napkin s, em pty containers of
cleaning agents, mosquito repellents, etc.) and h andover segregated wastes
to authorized rag-pickers or waste collectors or local bodies.
• Integration of waste pickers/ rag pickers and waste dealers/ Kabadiwalas
in th e form al system should be don e by State Governm ents, and Self Help
Group, or any other group to be formed.
• No person shou ld throw, burn, or bury the solid waste generated by h im,
on streets, open public spaces outside his premises, or in the drain, or water
bodies.

OTHER RULES ARE

• Generator will have to pay ‘User Fee’ to waste collector and for ‘Spot Fine’
for Littering and Non-segregation.
• Used san itary waste like diapers, san itary pads should be wrapped secu rely
in pouches provided by manufacturers or brand owners of these products
or in a su itable wrapping m aterial and sh all place the sam e in the bin m eant
for dry waste / non- bio-degradable waste.
• Th e concept of partnersh ip in Swachh Bh arat has been introduced. Bu lk
and institutional generators, market associations, event organizers and
hotels and restaurants have been made directly responsible for segregation
and sorting the waste and manage in partnership with local bodies.
• All hotels and restau rants shou ld segregate biodegradable waste and set up
a system of collection or follow the system of collection set up by local
body to ensure that such food waste is utilized for composting /bio-
methanation.
• All Resident Welfare and m arket Associations, Gated communities an d
institution with an area >5,000 sq. m shou ld segregate waste at sou rce- in
to valuable dry waste like plastic, tin, glass, paper, etc. and handover
 recyclable m aterial to either the authorized waste pickers or the authorized
recyclers, or to th e urban local body.
• Th e bio-degradable waste shou ld be processed, treated an d disposed of
through composting or bio-methanation within the premises as far as
possible. Th e residu al waste shall be given to the waste collectors or agency
as directed by t h e local authority.
• Th e bio-degradable waste shou ld be processed, treated an d disposed of
through composting or bio-methanation within the premises as far as
possible. Th e residu al waste shall be given to the waste collectors or agency
as directed by t h e local authority.
• New town ships and Group Housing Societies h ave been made responsible
to develop in-h ouse waste han dling, and processin g arrangem ents for bio-
degradable waste.
• Every street vendor should keep suitable containers for storage of waste
generated du ring the cou rse of his activity such as food waste, disposable
plates, cups, cans, wrappers, coconut shells, leftover food, vegetables,
fru its etc. and deposit su ch waste at waste storage depot or container or
vehicle as notified by th e local authority.
• Th e developers of Special Econom ic Zon e, indu strial estate, industrial park
to earm ark at least 5% of th e total area of th e plot or m inimum 5 plots/
sheds for recovery and recycling facility.
• All manufacturers of disposable products such as tin, glass, plastics
packagin g etc. or brand owners who introduce such products in the m arket
shall provide necessary financial assistance to local authorities for the
establishment of waste management system.
• All such brand own ers who sale or m arket their products in such packagin g
material which are non-biodegradable should put in place a system to
collect back th e packaging waste generated due to their production.
• Manufacturers or Brand Owners or marketing companies of sanitary
napkin s an d diapers sh ould explore the possibility of u sing all recyclable
materials in their products or they shall provide a pouch or wrapper for
disposal of each napkin or diapers along with the packet of their sanitary
products.
• All such manufacturers, brand owners or marketing companies should
educate the masses for wrapping and disposal of their products.
• All indu strial units u sin g fuel and located within 100 km from a solid waste
based RDF plant shall m ake arran gements within six m onths from the date
of n otification of these rules to replace at least 5 % of their fuel requirement
by RDF so produced.
• Non-recyclable waste having calorific value of 1500 K/cal/kg or m ore shall
not be disposed of on landfills and shall only be utilized for generating
energy either or throu gh refu se derived fuel or by giving away as feed stock
for preparing refuse derived fuel.
 • High calorific wastes shall be used for co -processing in cement or thermal
power plants.
• Construction and demolition waste shou ld be stored, separately disposed
off, as per the Construction and Demolition Waste Management Rules,
2016
• Horticulture waste and garden waste generated from his premises should
be disposed as per th e directions of local authority.
• An event, or gathering organiser of more than 100 persons at any licen sed/
unlicensed place, should ensu re segregation of waste at source and h anding
over of segregated waste to waste collector or agency, as specified by local
authority.
• Special provision for management of solid waste in hilly areas:-
Construction of landfill on th e hill shall be avoided. A transfer station at a
suitable en closed location shall be setup to collect residual waste from the
processin g facility an d inert waste. Su itable lan d shall be identified in the
plain areas, down the hill, within 25 kilometers for setting up sanitary
lan dfill. The residu al waste from the transfer station shall be disposed off
at this sanitary landfill.
• In case of non-availability of such land, efforts shall be made to set up
regional sanitary landfill for th e inert and residual waste.

International Conventions on Environment:

Ramsar Convention on Wetland

The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is an
intergovernmental treaty which provides the framework for national action and
international cooperation for th e con servation and wise u se of wetlands and their
resources. Th ere are presently 158 Contracting Parties to th e Convention, with
1758 wetland sites, totaling 161 m illion hectares, designated for inclusion in the
Ram sar List of Wetlan ds of Intern ational Importance. Ram sar Convention is the
only global environment treaty dealing with a particular ecosystem.
The Ramsar Convention on Wetlands was developed as a means to call
international attention to the rate at which wetland h abitats were disappearing, in
part due to a lack of understanding of their im portant function s, valu es, goods and
services. Governm ents that join the Convention are expressing their willingness
to m ake a comm itment to h elping to reverse that history of wetlan d loss and
degradation.
In addition, m any wetlan ds are intern ational system s lying across the boundaries
of two or more countries, or are part of river basin s that include m ore than on e
country. The health of these and other wetlands is dependent upon the quality and
quantity of the transboundary water supply from rivers, streams, lakes, or
underground aquifers.

The Montreal Protocol

The Montreal Protocol on Substances that Deplete the Ozone Layer is an

im portant Mu ltilateral Agreem ent regu lating th e produ ction, consum ption, and
emissions of ozone-depleting substances (ODSs). It is an important part of
internationalenvironmental conventions and protocols.

1. It phases down the use of ODSs in a stepwise, time-bound manner.

2. It gives different timetables for developin g and developed countries.
3. All m em ber parties have specific responsibilities related to the phasing out
of various groups of ozone-depleting substances, controllin g ODS trade,
reporting of data annually, controlling export and import of ODs, etc.
4. Developing and developed countries have equal but differentiated
responsibilities.
5. However, both groups of nations have time-bound, binding, and
measurable commitments under the protocol, making it effective.
6. Un der the protocol, there is a provision for it to be am ended and adju sted
according to the n ew scientific, econom ic, and technological advancem ents
made.
7. The Protocol has undergone nine amendments or revisions.
8. The governance body for the protocol is the Meeting of the Parties.
Technical su pport is given by th e Open -ended Working Group. Both m eet
once every year.
9. The Parties are aided by the Ozone Secretariat, which is based at the
headquarters of th e UN Environment Programm e (UNEP) at Nairobi.
10.It has been ratified by 197 Parties (196 member states of th e UN plus the
EU) making it the first Un ited Nations treaty to be ratified by every country
in t h e world.
11.The Montreal Protocol’s provisions relate to the followin g:
o Article 2: Control measures
o Article 3: Calculation of control levels
o Article 4: Control of trade with non-Parties
o Article 5: Special situation of developing countries
o Article 7: Reporting of data
o Article 8: Non-compliance
 o Article 10: Technical assistance

12. Multilateral Fund: The Mu ltilateral Fund for th e Implem entation of the
Montreal Protocol was set up in 1991 to help developing countries to com ply with
th e provision of th e Protocol. This is under Article 10 mentioned above.

o It provides financial and technical assistance to developing member

countries whose yearly per capita consumption and production of
ODSs is less than 0.3 kg.
o The activities of th e Fund are implemented by four bodies:
▪ UNEP
▪ UN Developm ent Programme (UNDP)
▪ UN Industrial Development Organisation (UNIDO)
▪ World Bank

The Paris Agreement

Clim ate change is a global em ergency that goes beyond national borders. It is an issue
that requires international cooperation and coordinated solutions at all levels.

To tackle clim ate ch ange an d its negative im pacts, world leaders at the UN Clim ate
Change Conference (COP21) in Paris reached a breakthrough on 12 December 2015:
t h e historic Paris Agreement.

The Agreementsets long-term goals to guide all nations:

• substantially reduce global greenhouse gas em ission s to lim it th e global

temperature increase in this century to 2 degrees Celsius while pursuing
efforts to limit the increase even further to 1.5 degrees;
• review countries’ commitments every five years;
• provide financing to developing countries to mitigate climate change,
strengthen resilience and enhance abilities to adapt to climate impacts.

Th e Agreem ent is a legally bin din g international treaty. It entered into force on 4
November 2016. Today, 193Parties (192 countries plus the European Union) have
joined the Paris Agreement.

Th e Agreem ent includes comm itm ents from all countries to reduce their em issions
and work together to adapt to the im pacts of clim ate ch ange, and calls on countries
to strengthen their com mitm ents over time. The Agreement provides a path way for
developed nations to assist developing nations in their climate mitigation and
adaptation efforts while creating a fram ework for th e transparent mon itorin g and
reporting of countries’ climate goals.

Th e Paris Agreem ent provides a du rable fram ework gu iding the global effort for
decades to com e. It marks the beginnin g of a shift towards a n et-zero em issions
world. Implem entation of the Agreement is also essential for the achievement of the
Sustainable Development Goals.

How does it work?

Th e Paris Agreem ent works on a five- year cycle of in creasingly am bitious clim ate
action carried out by countries. Every five years, each country is expected to subm it
an updated national climate action plan - known as Nationally Determined
Contribution, or NDC.

In their NDCs, countries communicate actions they will take to reduce their
greenhouse gas emissions in order to reach the goals of the Paris Agreement.
Countries also communicate in the NDCs actions they will take to bu ild resilience to
adapt to the impacts of rising temperatures.

To better fram e the efforts towards the lon g-term goal, the Paris Agreem ent invites
countries to formulate and subm it long-term strategies. Un like ND Cs, they are n ot
mandatory.

Basel Convention
Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal is a comprehensive treaty that was adopted in 1989 by
th e Conferen ce of Plenipotentiaries. It aims to protect th e human environm ent
from the adverse effects of hazardous waste that is generated, managed and
disposed of in th e world community. India’s Ministry of Con sumer Affairs Food
and Public Distribution has announced a blanket ban on all types of single-use
plastic products in all its PSUs in clu din g Food Corporation in India in Septem ber
2019. It is one of th e important international environment conventions.

What is th e aim of Basel Convention?

Th e Basel Convention aim s to protect the environment by bringing m easu res to
control and regulate hazardou s and other waste disposals. The negotiation s for
th e convention were started in th e late 1980s under th e auspices of th e United
Nations Environment Programm e (UNEP).
Salient Points of Basel Convention:

1. It came into force in 1992.

2. The Basel Convention secretariat is situated in Geneva, Switzerland.
3. It applies Prior Consent Approval procedure to regulate the
transboundary movement of th e hazardous and other wastes.
4. Non-parties cannot transport hazardous waste to and from each other
unless specially agreed. Basel Convention states such transportation,
illegal.
5. The member nations to the convention are required to have domestic
legislation for both prevention an d the punishment of the illegal trafficking
of such hazardous wastes.
6. It ensu res that th e member nations control the generation, storage,
transportation, treatment, reuse, recycling, recovery and fin al disposal of
hazardous wastes.
7. Conference of Parties (COP) is a primary organ of the Basel Convention
and is responsible to make decisions about the operations of the
convention. It meets biennially.
8. Official site – http://www.basel.int/

What is waste under the Basel Convention?

Basel Convention defines waste as som ething that needs to be disposed of by the
provision s of the national law. Ann exes I defines hazardous waste wh ile Annex
II defines t h e other waste.

Important Facts about the Basel Convention for UPSC

1. Ban Amendment to the Convention – It was adopted in 1995 wh ich

added a new annex VII, and it entered into force on 5th December 2019.
2. COP CONFERENCE ON PARTIES 14 – The COP 14 to Basel
Convention has been th e latest m eeting wh ich took place in April-May
2019. It brought new entries into the con vention, wh ich will be effective
from 1st January 2021 onward.
3. COP 15 to Basel Convention will take place in July 202 at Geneva.
4. Basel Protocol on Liability and Compensation for Damage Resulting
from Transboundary Movements of Hazardous Wastes and their
Disposal – It has been adopted in 1999 and is yet to com e into force. India
has yet not signed this protocol.
 5. Radioactive Wastes & Wastes derived from normal operations of the
ships are excluded from the list of hazardous wastes of Basel Convention.
6. Milestones of Basel Convention:
1. Basel Protocol on Liability and Compensation for Damage
Resulting from Transboundary Movements of Hazardous Wastes
and their Disposal was adopted by COP 5 in 1999.
2. Strategic Plan for the implementation of the Basel Convention for
th e period 2002 to 2010 was adopted in 2006.
3. Bali Declaration on Waste Management for Human Health and
Livelihood was adopted by COP 9.

Members of Basel Convention

There are 188 members of th e Basel Convention.
Is India member of Basel Convention
Yes, India is a member of the Basel Convention. It ratified the convention in June
1992 and brought it into force on 22nd September 1992.
India’s Domestic Legislation for Waste Management
1. The Ministry of Environment, Forest & Climate Change (MOEF&CC)
introduced Hazardous and Other Wastes (Management and Transboundary
Movement) Rules of 2016. Recently in 2019, these rules were amended. The
amendments were:

• Prohibition of the import of the solid plastic waste including in the

special economic zone (SEZ) and export-oriented units (EOU).
• Exemption to Silk Waste Exporters – They will no longer need
permission from the Ministry.
• Defective electrical and electronic assemblies and components can be
im ported back with in one year of export without obtainin g perm ission from
t h e ministry.
• Exemption of Industries from Hazardous an d Other Wastes
(Management and Transboundary Movement) Rules of 2016 – Those
industries that are already exempted from requiring consent under Water
(Prevention and Control of Pollution) Act 1974 and Air (Prevention and
Control of Pollution) Act 1981 are now exempted for the same from
Hazardou s and Other Wastes Rules too.
 The Convention on Biological Diversity

Th e Convention on Biological Diversity (CBD) is the international legal in strum ent

for "the conservation of biological diversity, the sustain able use of its com ponents
and th e fair and equitable sharing of th e benefits arising out of th e utilization of
genetic resources" that has been ratified by 196 nations.

Its overall objective is to encourage actions, which will lead to a sustainable future.

The conservation of biodiversity is a common concern of humankind. The

Convention on Biological Diversity covers biodiversity at all levels: ecosystems,
species and genetic resources. It also covers biotechnology, in clu din g through the
Cartagena Protocol on Biosafety. In fact, it covers all possible domains that are
directly or indirectly related to biodiversity and its role in developm ent, ranging from
science, politics and education to agriculture, business, culture and much more.

Th e CBD’s govern ing body is the Conferen ce of the Parties (COP). This ultim ate
authority of all governments (or Parties) that have ratified the treaty m eets every two
years to review progress, set priorities and commit to work plans.

The Secretariat of the Convention on Biological Diversity (SCBD) is based in

Montreal, Canada. Its m ain function is to assist governments in the im plem entation
of th e CBD an d its programm es of work, to organ ize m eetings, draft docum ents, and
coordinate with other international organizations and collect and spread inform ation.
The Executive Secretary is the head of the Secretariat.

NATURE RESERVE

nature reserve, area set aside for the purpose of preserving certain animals,
plants, or both. A n ature reserve differs from a national park usually in being
smaller and having as its sole purpose the protection of nature.

En dan gered species are often kept in reserves, away from th e hunters who
brought them close to extinction. In the United States, numerous wildlife refuges
have served this purpose, especially with respect to birds. Nature reserves are also
numerous in Europe, India, Indonesia, and some African countries.
▪

o Human-wildlife conflict (HWC)

o It refers to struggles that arise when t h e presence or
behaviour of wildlife poses actual or perceived
 direct, recurring threats to human interests or
needs, often leading to disagreements between groups of
people and negative impacts on people and/or wildlife.
▪ Causes of Human-wildlife Conflict:
o Lack of Protected Area: Marin e and terrestrial protected
areas on ly cover 9.67% globally. About 40% of the
African lion range and 70% of the African and Asian
elephant ranges fall outside protected areas.
• In In dia, 35% tiger ranges currently lie outside
protected areas.
o Wildlife-borne Infections: Covid-19 pandemic –
sparked by a zoonotic disease is driven by the
close association of people, their livestock, and
wildlife and by th e unregulated con sumption of wild
animals.
• With closer and more frequent and diverse
contact between animals and people, the
probability of animal microbes being
transferred to people increases.
o Other Reasons:
• Urbanization: In modern tim es rapid
urbanization and industrialisation have led to
the diversion of forest land to non-forest
purposes, as a result, the wildlife habitat is
shrinking.
• Transport Network: Th e expansion of road
and rail network through forest ranges has
resulted in animals getting killed or injured in
accidents on roads or railway tracks.
• Increasing Human Population: Many human
settlements coming up near the peripheries of
protected areas and encroachment in the forest
lands by local people for cultivation and
collection of food and fodder etc.
therefore increasing pressure on limited
natural resources in th e forests.
▪ Impacts:
 o Impact on Wildlife And Ecosystems: HWC can h ave
detrimental and permanent impacts on ecosystems and
biodiversity. People m ight kill anim als in self-defen ce, or
as pre-emptive or retaliatory killings, which can drive
species involved in conflict to extinction.
o Impact on Local Communities: The m ost evident and
direct negative im pacts to people from wildlife are inju ries
and the loss of lives and of livestock, crops, or other
property.
o Impact on Equity: The economic an d psychological costs
of living with wildlife disproportionately fall to those who
live near that wildlife, while the benefits of a species’
survival are distributed to other communities as well.
o Impact on Social Dynamics: When a HW C event affects
a farmer, that farmer may blame the government for
protecting the perpetrator that damages crops, while a
conservation practitioner may blame industry and farmers
for clearing wild habitats and creating the HWC in the first
place.
o Impact on Sustainable Development: HWC is the them e
in con servation that is strongly linked to th e SDGs as
biodiversity is primary to sustain the developments, even
though it is not explicitly mentioned as one.

Indian Scenario
▪ India faces an increasing challenge of human wildlife conflict, wh ich
is driven by development pressures and an increasing population,
high demand for land and natural resources, resulting in loss,
fragmentation, and degradation of wildlife habitats.
o These pressures intensify the interactions between people
and wildlife because they often share livin g space without
a clear demarcation of boundaries.
▪ In India, data from the Min istry of En vironment, Forests an d Clim ate
Ch ange shows that over 500 elephants were killed between 2014-
15 and 2018-19, most related to human-elephant conflict.
▪ During the same period, 2,361 people were killed as a result of
conflict with elephants.
▪ Some Initiatives:
o Advisory for Management of HW C: Th is has been
issued by th e Standing Comm ittee of National Board of
Wildlife (SC-NBWL).
• Empower Gram Panchayats: Th e advisory
envisages empowering gram panchayats in
dealing with the problematic wild animals as
per th e WildLife (Protection) Act, 1972.
• Provide Insurance: Utilising add-on coverage
under th e Pradhan Mantri Fasal Bima
Yojna for crop com pen sation against crop
damage due to HWC.

• Take Proactive Measures: Prescribes inter-

departmental committees at local/state level,
adoption of early warning systems, creation
of barriers, dedicated circle wise Control
Rooms with toll free hotline num bers,
Identification of hotspots etc.
• Provide Instant Relief: Payment of a portion
of ex-gratia as interim relief within 24 hours of
th e incident to the victim/fam ily.
o State-Specific:
• In 2018, the Uttar Pradesh government had
given its in-prin ciple approval to bring man-
animal conflict under listed disasters in the
State Disaster Response Fund
• The Uttarakhand government (2019) carried
out bio-fencing by growing various species of
plants in the areas.
• Th e Suprem e Cou rt (2020) affirmed th e right
of passage of the Elephants an d the closure of
resorts in th e Nilgiris elephant corridor.
• Odisha’s Athagarh Forest Division has started
casting seed balls (or bombs) inside different
reserve forest areas to enrich food stock for wild
elephants to prevent man-elephant conflict.