Environmental Regulation In India- Immediate Challenges & Future Perspective

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India has a rich and long history of environmental laws dating back to the 1970s, it still ranks very low on air and water pollution levels compared to the rest of the world resulting in. higher rates of infant mortality and lower life expectancy rates. Poor sanitation conditions and sewage problems compound the problem affecting the health of ordinary citizens in India. The reasons for this disconnect between enlightened environmental laws and high levels of pollution could be traced to lax enforcement of existing environmental laws, discrepancies in the environmental guidelines for businesses to follow between the central government and at the state levels, and the existence of a large number of SMEs who neither have the resources nor the technical skills to adhere to the existing environmental laws.

 

Laws in India pertaining to Environment.

  • Water (Prevention and Control of Pollution) Act 1974 (Water Act), which also initially identified the powers, functions and hierarchy of the environmental agencies, the CPCB and the SPCBs.
  • Air (Prevention and Control of Pollution) Act 1981 (Air Act) –  It makes provisions, inter alia, for Central and State Boards, power to declare pollution control areas, restrictions on certain industrial units, authority of the Boards to limit emission of air pollutants, power of entry, inspection, taking samples and analysis, penalties, offences by companies and Government and cognizance of offences etc..
  • Environment (Protection) Act 1986 (EP Act).

This umbrella law enables the central government to take measures it deems necessary to protect and improve the environment, and to prevent, control and abate environmental pollution. A wide range of rules and notifications have been adopted under it, such as the:

  • E-Waste (Management) Rules 2016, as amended in 2018 (E-Waste Rules);
    • Bio-Medical Waste Management Rules 2016;
    • Plastic Waste Management Rules 2016;
    • Solid Waste Management Rules, 2016;
    • Construction and Demolition Waste Management Rules 2016;
    • Hazardous and Other Waste (Management and Trans-boundary Movement) Rules 2016, as amended in 2019 (HW Rules);
    • Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 (MSIHC Rules);
    • Coastal Regulation Zone Notification 2019; and
    • Environment Impact Assessment Notification 2006.
  • Wild Life (Protection) Act 1972.-  The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. It extends to the whole of India, except the State of Jammu and Kashmir .
  • Forest (Conservation) Act 1980.- The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented under the British. The most famous one was the Indian Forest Act of 1878. Both the 1878 act and the 1927 act sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate movement and transit of forest produce, and duty livable on timber and other forest produce. It also defines the procedure to be followed for declaring an area to be a Reserved Forest, a Protected Forest or a Village Forest.
  • Public Liability Insurance Act 1991- This act was mainly brought up as a result of the fatal Bhopal Tragedy that killed over 3000 people and injured many others. The 1991 act was framed with provisions that required factory owners to insure against potential personal injury and property damage in the surrounding communities, the purpose of this law is to provide immediate relief to persons (other than workmen) affected by  accidents occurring while handling hazardous substances  and for matters connected therewith or incidental thereto, through the insurance amount paid by the owner of the hazardous substance.
  • Biological Diversity Act 2002 – this act is for preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge
  • National Green Tribunal Act 2010 –  enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from the India’s constitutional provision of Article 21, which assures the citizens of India the right to a healthy environment.

ENVIRONMENTAL ISSUES FACING BY INDIA

* Air pollution from industrial effluents and vehicle emissions;

* Energy-related environmental problems such as, chemical & oil pollution and Greenhouse Gas (GHG) emissions;

* Water pollution from raw sewage, the lack of adequate sanitation, and non potable water throughout the country;

Municipal solid waste management (MSWM) remains a challenge for India due to the rising population and the resultant infrastructural needs;

* Over-population and its strain on natural resources; and

* Agricultural factors such as, runoff of agricultural pesticides, overgrazing, short cultivation cycles, slash and burn practices, destructive logging practices, and deforestation of timber reserves for fuel, all contribute conjointly to the decimation of the subcontinent’s environmental system.

In particular, municipal solid waste (MSW) collection and disposal is a major urban environmental problem facing India. India is not the only country with this problem, it appears many of the developing countries and a few of the developed countries are also confronted with MSW as an environmental concern. But, in India the critical concern is in the way MSW is disposed. The waste that is collected by municipalities in India is simply dumped on the outskirts of the urban centers . In addition, the MSW release methane and carbon dioxide that increase the effects of greenhouse gases. On environmental issues and concerns, India carries a heavier burden because it is generally accepted that pollutant concentrations are exceedingly high in many developing countries imposing substantial health costs and shortened lives .

ENVIRONMENTAL CONCERNS AS A GLOBAL ISSUE

 India is not the only country facing environmental issues. Definitely air and water pollution and climate change are more global issues that require a concerted effort by all nations to solve. A report by the Intergovernmental Panel on Climate Change (IPCC) in “Climate Change Science Compendium “, suggests that the world will be experiencing more of ocean acidification, ice-sheet melting, sea-level rise, and so-called tipping points in climate affects much sooner than ever thought off. Although environmental issues are global in nature, each country is in control of its own environment with jurisdiction over its territory and, hence, should be controlling, monitoring, and enacting regulations in safeguarding its environment.

This is true for India too. The Copenhagen Accord makes it clear that it is up to individual countries to devise and enforce the regulations necessary to achieve their national commitments to combat global warming by reducing greenhouse gas emissions. Because of the country specific role of controlling and monitoring the environment, it is difficult to enforce environmental standards on countries from a global perspective, each country should be willing to consider environmental issues as a probable contributor to the overall global degradation of the environment and participate in controlling it through its laws and participation by its industrial sector. In addition, each country could be part of a worldwide association/organization that uses the global network, technological know-how, and resources to be a contributing partner to this group in helping the environment (like the Kyoto Protocol of 1997 and Copenhagen Accord of 2009 on climate change). When international organizations and non-governmental organizations (NGOs) try to help individual countries on environmental issues, in some instances it creates problems. In a research paper funded and supported by the World Bank, researchers found that in India, the role of international institutions and NGO’s often have difficulty matching their interest with that of the state, especially, when it comes to human rights standards.

Judicial contribution

The right of a person to pollution free environment is a part of basic jurisprudence of the land. Article 21 of the Constitution of India guarantees a fundamental right to life and personal liberty. The Supreme Court has interpreted the right to life and personal liberty to include the right to wholesome environment.13 The Court through its various judgements14 has held that the mandate of right to life includes right to clean environment, drinking-water and pollution-free atmosphere.

Taj Mahal Case

In Taj Mahal’s case, the Supreme Court issued directions that coal and coke based industries in Taj Trapezium (TTZ) which were damaging Taj should either change over to natural gas or to be relocated outside TTZ. Again the Supreme Court directed to protect the plants planted around Taj by the Forest Department.

The Divisional Forest Officer, Agra is directed to take immediate steps for seeing that water is supplied to the plants… The Union Government is directed to release the funds immediately without waiting for receipt of the proposal from the U.P. Government on the basis of the copy of the report. Funding may be subsequently settled with the U.P. Government, but in any set of circumstances for want of funds the officer is directed to see that plants do not wither away.

Dehradun Valley Case

In that case, carrying haphazard and dangerous limestone quarrying in the Mussorie Hill range of the Himalaya, mines blasting out the hills with dynamite, extracting limestone from thousands of acres had upset the hydrological system of the valley. The Supreme Court ordered the closing of limestone quarrying in the hills and observed: This would undoubtedly cause hardship to them, but it is a price that has to be paid for protecting and safeguarding the right of the people to live in healthy environment with minimal disturbance of ecological balance.

Pollution in Delhi

 In Almitra H.Patel v. Union of India,

the Supreme Court reiterated the observations made in Wadehra’s case-Historic city of Delhi, the Capital of India, is one of the most polluted cities in the world. The authorities, responsible for pollution control and environment protection have not been able to provide clean and healthy environment to the residents of Delhi. The ambient air is so much polluted that it is difficult to breathe. More and more Delhites are suffering from respiratory diseases and throat infections. River Yamuna- the main source of drinking water supply- is the free dumping place for untreated sewerage and industrial waste. Apart from air and water pollution, the city is virtually an open dustbin. Garbage strewn all over Delhi is a common sight. The Court directed the authorities to take immediate necessary steps to control pollution and protect the environment.

 Subba Rao v. State of Himachal Pradesh,

the Supreme Court ordered the closure of a bone factory which was polluting the environment by its pungent smell and making the life of the people miserable. No one can do business at the cost of public health. With a view to preserve the environment and control pollution within the vicinity of tourist resorts of Badkhal and Suraj Kund, the Supreme Count directed the stoppage of mining activity within two Kilometers radius of these two tourist resorts.

In Municipal Council, Ratlam v. Vardhichand & Others, the Supreme Court held that the grievous failure of local authorities to provide the basic amenity of public conveniences drives the miserable slum-dwellers to ease in the streets, on the sly for a time, and openly thereafter, because under nature’s pressure, bashfulness becomes a luxury and dignity a difficult art. A responsible Municipal Council constituted for the purpose of preserving public health cannot run away from its duty by pleading financial inability.

Future Perspective

  • We have more than 200 Central and State legislations which deal with environmental issues. More legislation means more difficulties in enforcement. There is a need to have a comprehensive and an integrated law on environmental protection for meaningful enforcement.
  • It is not enough to enact the legislations. A positive attitude on the part of everyone in society is essential for effective and efficient enforcement of these legislations.
  • There is a multiplicity of environment pollution control standards for the same type of industries. However, under the Environment (Protection) Act, 1986 now the power has been conferred upon the Central Government for laying down the standards for the quality of air, water and soil. It is hoped that this will ensure uniformity of standards throughout the country.
  • In order to enforce the environmental laws stringently, mere mis-description and technical flaws should be disregarded by the Courts. The creative role of judiciary has been significant and laudable. The jurisdiction of the Courts has been expanded by way of Public Interest Litigation. The Supreme Court of India has played a vital role in giving directions from time to time to the administrative authorities to take necessary steps for improving the environment.
  • What we need is social awareness from below, not laws from the above. No law works out smoothly unless the interaction is voluntary. In order to educate people about the environmental issues, there should be exhibition of slides in the regional languages at cinema houses and television free of cost.

(By: Amit Nagar, The views expressed are writer’s personal. INBA owes no responsibility of any kind for the views expressed.)