ENVIRONMENTAL POLICY IN INDIA

Main Environment Acts

• 1986 - The Environment (Protection) Act 

It authorizes the central government to protect and improve environmental

quality, control and reduce pollution from all sources, and prohibit or restrict
the setting and /or operation of any industrial facility on environmental
grounds.

• 2006 - National Environment Policy

It is a response to India’s national commitment to a clean environment,

mandated in the Constitution in Articles 48 A and 51 A (g), (DPSP)
strengthened by judicial interpretation of Article 21.
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.
 ENVIORNMENT
PROTECTION ACT
1986
 ENVIORNMENT PROTECTION ACT 1986
• The Constitution of India clearly states that it is the duty of the state to
‘protect and improve the environment and to safeguard the forests and
wildlife of the country’. The Department of Environment was established
in India in 1980.This later became the Ministry of Environment and
Forests in 1985

• 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, or example, Handling
and Management of Hazardous Waste Rules in 1989.
 History
• In 1972 a conference was held for the first time ever to discuss an issue
like environment pollution control under UNITED NATIONS.

• The conference was know as STOCKHOLMES CONFERENCE .

• 473 countries meet internationally to discuss environment pollution

problems.

• Lt. Mrs. Indira Gandhi represented India in this conference and voiced
strongly before and after conference

• The first legislation which specifically addressed

 History

• The environment problem was THE WATER (PREVENTATION AND

CONTROL OF POLLUTION ) ACT,1974. In short THE WATER ACT.

• The another act followed was THE AIR (PREVENTATION AND CONTROL
OF POLLUTION ) ACT,1981.In short THE AIR ACT.

• After both these acts came THE ENVIRONMENT PROTECTION ACT,1986

came into existence and it was known as EPA
BHOPAL GAS TRAGEDY
 ENVIORNMENT PROTECTION ACT 1986
• The concern over the state of environment has grown, the world over since the sixties. The
decline in environmental quality has been evidenced by increasing pollution, loss of vegetal
power and biological diversity, excessive concentration of harmful chemicals in the ambient
atmosphere and in food chains, growing risks of environmental accidents and threat to life
support systems.

• From time to time various legislations relating to protection of environment from specific
types of pollution have been passed by the Indian legislature. However, the Environment
(Protection) Act, 1986 is the most comprehensive act on the Indian statute book relating to
environment protection. It is a general legislation for the protection of environment. It was
enacted under Article 253 of the Constitution.

• The world community’s resolve to protect and enhance the environment quality found
expression in the decisions taken at the United Nations Conference on the Human
Environment held in Stockholm June, 1972. The Government of India participated in the
conference and strongly voiced the environmental concerns. While several measures had
been taken for environmental protection, both before and after the conference, the need
for general legislation further to implement the decision of the Conference had become
increasingly evident. Therefore the Environment (Protection) Act, 1986was passed.
 Objectives
• To implement the decisions made at the U.N. Conference on the Human Environment held
at Stockholm in June, 1972.

• To co-ordinate activities of the various regulatory agencies under the existing laws and
creation of an authority or authorities for environment protection.

• To provide for deterrent punishment to those who endanger human environment, safety and
health.

• To ensure sustainable development is also one of the goals of the EPA,1986. If the act is not
armed with the powers to ensure sustainable development, it will become a barren shell.

• To enact general law on environmental protection which could cover uncovered gaps in the
areas of major environmental hazards as the existing laws generally focused on specific
types of pollution or on specific categories of hazardous substances and some major areas
of environmental were not covered.

• In short, the EPA, 1986 aims at protecting and improving the environment and prevention
of hazards to human beings, other living creatures, plant and property
 POWERS PROVIDED BY THE ACT TO CENTRAL GOVERNMENT
• To make rules to regulate environmental pollution;

• To notify standards and maximum limits of pollutants of air, water, and

soil for various areas and purposes;

• Prohibition and restriction on the handling of hazardous substances, and

location of industries (Sections 3-6)

• Under Sec (3): may constitute authority or authorities for the purpose of
exercising of performing such of the powers and functions;

• Under Sec (4): may appoint a person for inspection;

• Under Sec (5): may issue directions in writing to any officers or any
authority to comply;
• Under Sec (6): it empower the government to make rules to achieve the
object of the Act.
 Prevention, Control, and Abatement of Environmental Pollution
• The Central Government has the power ta take all such measures as it deems
necessary for the purpose of protecting and improving the quality of environment
and preventing, controlling and abating environment pollution. Such measures may
include :

• Co-ordination of actions by the State Government officers and other authorities under this act or
under any law.
• Planning and execution of nation-wide programmes for the prevention, control and abatement of
environmental pollution.
• Laying down standards for the equality of environment in the various aspects.
• Laying down standards for the emission or discharge of environmental pollutants.
• Restriction of areas in which any industry, operation or process shall be carried out.
• Laying down procedures and safeguards for handling of hazardous substances.
• Carrying out and sponsoring investigations and research relating to problems of environmental
pollution.
• Establishment and recognition of environmental laboratories.
• Such other matters as the Central Government may deem necessary of the purposes of securing
effective implementation of this Act.
• Under section 3(3), the Central Government may constitute an “authority” or “authorities” to
exercise powers and perform functions as mentioned above.
 Important legislations:
• The Water (prevention and control of pollution) Act, 1974

• The Air (prevention and control of pollution) Act, 1981

• The Environment (Protection) Act,1986

• The National Environment Appellate Authority Act,1997

• The National Environment Tribunal Act, 1995

Air Quality Standards
Water Quality Standards
Noise quality standards
 PENALTIES
• Sec 15 of the EPA provides that any person who fails to comply or contravenes any
of the provisions of the Act, or the rules made or orders or directions issued under
the act or rules, then for such failure or contravention, he shall be punishable :-
• With imprisonment for a term which may extend up-to 5 years,
• With fine which may extend up-to one lakh rupees,
• With both.

• In case the failure or contravention continues after the conviction for first failure or
contravention an additional fine which may extend to five thousand for everyday
can be imposed for a period during which failure or contravention continues.
• If the failure or contravention continues beyond a period of one year after
conviction, the offender shall be punishable with imprisonment for a term which
may extend to seven years.
 OFFENCES
• Sec 16 of EPA incorporates the principal of “vicarious liability” of the person in
charge, Director, Manager, Secretary or other officer, for the offence if committed
by the company.

• When any offence is committed by the company then the company as well as the
person directly incharge of and responsible for the conduct of business of the
company shall be deemed to be liable to punishment.

• However, the person incharge of responsible for the conduct of the business of the
company is no held liable if he proves:
• That the offence was committed without his knowledge,
• That he exercised all due diligence/care to prevent the commission of such
offence.
Recent Cases registered Statistics
State wise Environment Crimes Reported
Act Violations
Compliance verifications of Standard of the GPI and Status of
action taken
 NATIONAL
ENVIRONMENT
POLICY 2006
 National Environment Policy, 2006

 It the first initiative in strategy-formulation for environmental protection in a

comprehensive manner.

It undertakes a diagnosis of the causative factors of land degradation with a view
to flagging the remedial measures required in this direction.

 It recognizes that the relevant fiscal, tariffs and sectorial policies need to take
explicit account of their unintentional impacts on land degradation.

The solutions offered to overcome the problem comprise adoption of both, science
based and traditional land-use practices, pilot-scale demonstrations, large scale
dissemination, adoption of Multi-stakeholder partnerships, promotion of agro-forestry,
organic farming, environmentally sustainable cropping patterns and adoption of
efficient irrigation techniques.
Underlying Principles of NEP
 The document goes on to highlight the principles underlying the policy that
emphasis the
 Important role of human beings in the sustainable development processes
  The non negotiability and incomparable value of environmental resources
 Right to development for all
 Equity in the use of environmental resources and
 The need for the decentralized and multi-sectoral approach in dealing with
environmental issues.
 Objectives of the NEP 2006
• 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

Aim of strategies(NEP)

 Conservation of existing environmental resources through regulatory reforms

 Emphasis on education, information, research, capacity building and
technological innovations
 Inter-sectoral collaboration and periodic evaluations of the existing policies.
 Policy formation Framework
.
 Role of Judiciary in Imparting Environmental Justice

• The Judiciary has come up with the “judge-driven implementation” of

environmental administration in India.

• It has isolated specific environmental law principles upon interpretation of Indian

Statutes and Constitution.

• Public Interest Litigations (PILs) which is the result of the relaxation of the locus
standi rules by the judiciary, is the characteristic feature of the environmental
litigation in India

• Disputes relating to environment are treated as cases related to violation of

fundamental rights, rather than claims under law of torts.

• It has been held that the Supreme Court and the High Courts can be directly
approached under Article 32 and Article 226 of the Constitution of India in case of
matters relating to environment.
 Major Environmental Issues
• Forest and Agricultural Land Degradation- An estimated

• Resource Depletion (water,mineral,forests,land,rocks)

• Environmental Degradation

• Public Health

• Loss of Biodiversity

• Loss of resilience in ecosystems

• Poor water supply and sanitation issues

 Land Degradation
.
 Land Degradation Cont’d…
Consequences of Land Degradation:

• The major outcomes of land degradations are as follows: Decline in the productive
capacity of the land (temporary or permanent)
• Decline in the lands “usefulness”.
• Loss of biodiversity
• Increased vulnerability of the environment or people to destruction or crisis
• Accelerated soil erosion by wind and water
• Soil acidification and the formation of acid sulphate soil resulting in barren soil
• Soil alkalinisation owing to irrigation with water containing sodium bicarbonate
leading to poor soil structure and reduced crop yields
• Soil salination in irrigated land requiring soil salinity control to reclaim the land
• Soil water logging in irrigated land which calls for some form of subsurface land
drainage to remediate the negative effects.
• Destruction of soil structure including loss of organic matter.
 Land Degradation: What needs to be done according to
NEP, 2006

• Encourage adoption of science-based, and traditional sustainable land use

practices.

• Promote reclamation of wasteland and degraded forestland, through formulation

and adoption of multi-stakeholder partnerships, involving the land owning agency,
local communities, and investors.

• Prepare and implement action plans for watershed management strategies, for
arresting and reversing desertification, and expanding green cover.

• Promote sustainable alternatives to shifting cultivation.

• Encourage agro-forestry, organic farming, environmentally sustainable cropping

patterns, and adoption of efficient irrigation techniques.
 Desert Ecosystems
.
 What needs to be done according to NEP, 2006

• Intensive water and moisture conservation through practices based on traditional

and science based knowledge, and relying on traditional infrastructure.

• Enhancing and expanding green cover based on local species.

• Reviewing the agronomic practices in these areas, and promoting agricultural

practices and varieties, which are well adapted to the desert ecosystem.
 Forests
.
 What needs to be done according to NEP, 2006

• Formulate an innovative strategy for increase of forest and tree cover from the
2003 level of 23.69 percent of the country's land area, to 33 percent in 2012,
through afforestation of degraded forest land, wastelands, and tree cover on
private or revenue lands.

• Formulate an appropriate methodology for reckoning and restoring the

environmental values of forests, which are unavoidably diverted to other uses.

• Formulate and implement a “Code of Best Management Practices” for dense

natural forests, to realize the Objectives and Principles of National Environment
Policy.

• Promote plantation of only such species as are conducive to the conservation and
sustainability of given ecosystems.
 Wildlife
. Total Tiger Population
2500
2226

2000
1706

1500 1411

1000

500

0
2006 2010 2014

Total Elephant Population

31000
30051
30000
29000
28000 27694

27000 26413
26000
25000
24000
2002 2007 2012
 What needs to be done according to NEP, 2006

• Expand the Protected Area (PA) network of the country, including Conservation and
Community Reserves, to give fair representation to all bio-geographic zones of the
country.

• Revisit the norms, criteria and needs of data for placing particular species in
different schedules of the Wildlife Protection Act.

• Formulate and implement programs for conservation of endangered species outside

protected areas, while reducing the scope for man-animal conflict.
River Systems
 What needs to be done according to NEP, 2006

• Promote research in glaciology to evaluate the impacts of climate change on

glaciers and river flows.

• Promote integrated approaches to management of river basins by the concerned

river authorities.

• Consider and mitigate the impacts on river and estuarine flora and fauna, and the
resulting change in the resource base for livelihoods, of multipurpose river valley
projects, power plants, and industries.

• Consider mandating the installation of water saving closets and taps in the building
bye-laws of urban centres, and other available regulatory mechanisms.

• Integrate conservation and wise use of wetlands into river basin management.

• Incorporate a special component in afforestation programmes for afforestation on

the banks and catchments of rivers and reservoirs to prevent soil erosion and
improve green cover.
Groundwater
Groundwater
 What needs to be done according to NEP, 2006

• Promote efficient water use techniques, such as sprinkler or drip irrigation, among
farmers.

• Ensure availability of ground water potential maps through a designated

institution.

• Support practices of rain water harvesting and artificial recharge and revival of
traditional methods for enhancing groundwater recharge.

• Mandate water harvesting and artificial recharge in all new constructions in

relevant urban areas, as well as design techniques for road surfaces and
infrastructure to enhance groundwater recharge.

• Prepare and implement a comprehensive strategy for regulating use of ground

water by large industrial and commercial establishments on the basis of a careful
evaluation of aquifer capacity and annual recharge.
 Air Pollution
.
 What needs to be done according to NEP, 2006

• Take an integrated approach to energy conservation and adoption of renewable

energy technologies, including hydropower.

• Accelerate the national programmes of dissemination of improved fuelwood stoves,

and solar cookers, suited to local cooking practices and biomass resources.

• Strengthen the monitoring and enforcement of emission standards for both point
and non-point sources.

• Prepare and implement action plans for major cities for addressing air pollution for
both point and non-point sources.

• Formulate a national strategy for urban transport to ensure adequate investment,

public and private, in low pollution mass transport systems.

• Strengthen efforts for partial substitution of fossil fuels by bio-fuels.

 Water Pollution
.
 What needs to be done according to NEP, 2006

• Develop and implement, initially on a pilot scale, public-private partnership

models for setting up and operating effluent and sewage treatment plants.

• Prepare and implement action plans for major cities for addressing water pollution.

• Take measures to prevent pollution of water bodies from other sources, especially
waste disposal on lands.

• Facilitate setting up of common effluent treatment plants, to be operated on cost

recovery basis.

• Promote R&D in development of low cost technologies for sewage treatment at

different scales.

• Take explicit account of groundwater pollution in pricing policies of agricultural

inputs, especially pesticides, and dissemination of agronomy practices. Encourage
Integrated Pest Management (IPM) and use of biodegradable pesticides.
Soil Pollution
 What needs to be done according to NEP, 2006

• Setting up and operating secure landfills, incinerators, and other appropriate

techniques for the treatment and disposal of toxic and hazardous waste.

• Survey and develop a national inventory of toxic and hazardous waste dumps, and
an online monitoring system for movement of hazardous wastes.

• Strengthen the capacities of local bodies for segregation, recycling, and reuse of
municipal solid wastes.

• Promote organic farming of traditional crop varieties.

• Promote biodegradable and recyclable substitutes for non-biodegradable materials.

• Develop and enforce regulations and guidelines for management of e-waste, as part
of the hazardous waste regime.

• Promote, through incentives, removal of barriers, and regulation, the beneficial

utilisation of generally nonhazardous waste streams such as fly ash, bottom ash,
red mud, and slag, including in cement and brick making.
Coastal Pollution
Coastal Regulation Zone Notification

 Aim: To preserve and protect coastal zone from activities that may cause
degradation of quality or loss of coastal land
 The CRZ Notification was introduced with three main principles:
• It is necessary to arrive at a balance between development needs and
protection of natural resources.
• Certain activities are harmful for both coastal communities and their
environment, and these should be prohibited or regulated.
• If coastal ecosystems are sustainably managed, then the livelihoods of millions
will be protected and their survival guaranteed.
Threats to Coastal Zone and Related
Ecosystems
 Rapidly increasing populations and associated urbanization
 Commercialization and monetization
 Technological improvement
 Detrimental fishing methods
 Logging of forests and mangroves
 Pollution
 Changing agricultural practices and coastal developments or conversions
Purpose of coastal zone management

 Maximize the benefits provided by the coastal zone

 Minimize conflicts and harmful effects of activities upon each other,
resources and the environment
 To dissipate tidal and wave energy & reduce risk from disasters
 To stabilise the adjoining land
 Promote linkages between sectoral activities
 Guide coastal area development in an ecologically sustainable fashion
OTHER ACTS
 Other Acts
1989 - The objective of Hazardous Waste (Management and Handling) Rules is to
control the generation, collection, treatment, import, storage, and handling of
hazardous waste.

1995 - The National Environmental Tribunal Act has been created to award

compensation for damages to persons, property, and the environment arising from
any activity involving hazardous substances.

1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on
the health care institutions to streamline the process of proper handling of hospital
waste such as segregation, disposal, collection, and treatment.

2000 - The Ozone Depleting Substances (Regulation and Control) Rules have been
laid down for the regulation of production and consumption of ozone depleting
substances.
 Other Acts

2001 - The Batteries (Management and Handling) Rules, 2001 rules shall apply to
every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer,
consumer, and bulk consumer involved in the manufacture, processing, sale,
purchase, and use of batteries or components so as to regulate and ensure the
environmentally safe disposal of used batteries.

2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down
such terms and conditions as are necessary to reduce noise pollution, permit use of
loud speakers or public address systems during night hours (between 10:00 p.m. to
12:00 midnight) on or during any cultural or religious festive occasion

2002 - The Biological Diversity Act is an act to provide for the conservation of
biological diversity, sustainable use of its components, and fair and equitable sharing
of the benefits arising out of the use of biological resources and knowledge
associated with it