June 1st 2022

Unit-IX People, Development and Environment

Chapter 8 : Environment Protection Policies

Environment Protection Provisions in India

Constitutional Provision

Environment and Wildlife protection is under Concurrent List of the Constitution.
With the help of Fundamental right (Part III), Directive Principles of State Policy (Part IV) and Fundamental Duties (IV A), most of the environmental regulations and enactments have been exercised.
Article 21, 14 and 19 of the Indian Constitution have been used to assure the citizens of India the right to a healthy environment. Supreme Court first time directed this in Dehradun Quarrying case of 1988.
Article 48A of the DPSP states that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Even Articles 47 (improving the public health and standard of living) and Article 48 (organisation of agriculture and animal husbandry) directs about the healthy environment in an implicit manner.
Under the Fundamental Duties, Clause (g) to Article 51Aof the Indian constitution clearly states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

Acts and Legislation

Wildlife Protection Act, 1972-Fundamentally to protect the wildlife of the country.
The Water (Prevention and Control of Pollution) Act of 1974 -Amendment in 1988. To prevent and control water pollution.
The Water (Prevention and Control of Pollution) Cess Act of 1977- To levy cess on industrial bodies for augmenting the central water board’s resources for curbing the water pollution.
Forest Conservation Act of 1980- First Forest Act was formulated in 1927. Deliberated by The Forest Advisory Committee under MoEF&CC.
The Air (Prevention and Control of Pollution) Act, 1981- Amended in 1987. This act is for prevention and abatement of air pollution with the help of State boards.
Environment Protection Act, 1986- After the Bhopal Gas tragedy, GoI enacted it as Umbrella legislation. It is formulated under article 253 of the constitution.
Coastal Regulation Zone (CRZ) Act in 1991- It governs the human and industrial activities close to the coastline areas. Framed under EPA 1986 and later modified in 2011 and 2018.
The National Environment Appellate Authorities (NEAA) Act, 1997-Provides for the establishment of an appellate authority for hearing the appeals regarding the restriction of industrial areas.
Recycled Plastics Manufacture and Usage Rules, 1999- Amended in 2003. Under the EPA 1986 to regulate the manufacture, sale and use and recycling of plastic bags.
The Ozone Depleting Substances (Regulation and Control) Rules, 2000- Amended in 2014. (under the jurisdiction of EPA, 1986), which is to regulate the emission of ozone-depleting substances in line with the Montreal Protocol.
The Environment (Siting for Industrial Projects) Rules, 1999- Provisions related to the precautionary measures for industrial projects’ site selection so as not to create any environmental hazard.
The Energy Conservation Act of 2001- Legislation intended to promote efficient use of energy in India.
Biological Diversity Act, 2002- To implement the provisions of CBD and to protect the genetic resources from unlawful uses.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006- It defines the rights of the tribes and forest dwellers in line with the 73rd amendment of the constitution which empowers the Gram Sabhas to govern community forests. The Critical Wildlife Habitats (CWH) has been envisaged under FRA. Ministry of Tribal Affairs is the nodal agency.
The Wild Life (Protection) Amendment Act, 2006- With this amendment, Wildlife Crime Control Bureau has been established for controlling the crime against endangered species.
The National Green Tribunal Act, 2010- To solve the cases of environmental damages.
Wetlands (Conservation and Management) Rules 2010- Prohibits a range of activities in wetland areas under the Ramsar Convention of 1972. Amended in 2017.
E-Waste (Management & Handling) Rules, 2011- Notified by the ministry of Environment Forests & Climate Change, these rules recognise the producers’ liability for recycling and reducing e-waste in the country.
The Noise Pollution (Regulation and Control) Rules, 2010- It enacts rule to limit and control the noise pollution by directing the standard levels to adhere.
Agricultural Biosecurity Bill, 2013- It aims to protect all aspects of plant, animal and marine flora and fauna under a statutory body.
National Policy on Biofuels 2018- For safer, a cleaner environment, GoI has initiated it in 2009 with the Ministry of New and Renewable Energy as the nodal agency to use bio-waste for fuel generation in a phase-wise manner.

Apart from these Acts/legislations, various rules like Bio-Medical Waste (Management and Handling) Rules, 1998, The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, The Plastic Waste (Management and Handling) Rules, 2011, Solid waste management rules (2016) have been implemented.

Environmental Projects

Project Tiger- It was launched for the conservation of Indian Tiger under the National Tiger Conservation Authority (NTCA).

Project Elephant 1992- To provide technical (habitat-related) and financial support to 13 elephant inhabiting states in India.

Project One-Horned Rhino Vision 2020- With the help of Assam Forest Department and Bodo council for increasing rhino population to 3000 by 2020 and to distribute them over 7 protected areas for conservation. Supported by WWF.

Project Snow Leopard- Launched in 2009 to protect its habitat with the help of local communities and technical support because of the high-altitude ecosystem where it inhabits.

Project Sea turtle - Launched in 1999. With the help of the Ministry of Environment and UNDP and currently implemented by Wildlife Institute of India, this aims to protect the sites of Oliver Ridley Turtles in all coastal states of India, especially Odisha.

Project Crocodile- Started in 1975 with the help of FAO, UNDF and GoI for rearing and breeding of crocodiles. Crocodile conservation and breeding centre, Hyderabad is involved in this.

Project Hangal - State government with the support of IUCN and WWF are involved for the protection of this animal in J&K since 1970. Later the project was renamed as “Save Kashmir’s Red Deer Hanguls” in 2009.

Project Ganges River Dolphin- WWF-India has recognised this national aquatic animal as special concern. The project involves creating Dolphins’ population database, locating possible habitats and creating community awareness to protect it.

Environment Protection Acts

Due to rapid industrialization, urbanization, and increasing population, there has been a constant increase in the loss of biodiversity, depletion of resources and increase of pollution (air, water, waste etc.). To combat the deteriorating environmental conditions, various convention/ conferences are being conducted not only at national but also at the international level. These conventions and conference have helped a lot in mitigation of the deteriorating environmental conditions all over the world. Few of them are mentioned below:

1. Environment Protection Act (1986)

Environment Protection Act (1986) was enacted in 1989 to implement the decision of the United Nations Conference on Human Environment, held at Stockholm 1972.
The main objective of this act was to address the protection and improvement of the Environment. This act brings legislations like Water (Prevention and control of Pollution) Act, 1974 and Air (Prevention and control Pollution, 1981 under one umbrella to establish proper coordination between various state and central authorities.
According to the Article 48A and 51A of the Constitution of India, it is the duty of not only the state but also the duty of every citizen to protect and improve the environment, wildlife and forest.

2. National Action Plan on Climate Change

To combat climate change, India’s National Action Plan for Climate Change (NAPCC) was released on June 30^th 2008 to bring various existing plans on water, renewable energy, energy efficiency, agriculture and others to set it into eight missions.
It aims to achieve national growth objectives, along with enhancing ecological sustainability that leads to further mitigation of greenhouse emission.
NAPCC endeavours to deploy appropriate technologies, for both adaptation and mitigation of greenhouse gases and to promote sustainable development.
NAPCC also plans to extend international cooperation for research, development, sharing and transfer of technology by additional funding.

3. Montreal Protocol

Montreal Protocol, an international treaty, initially signed by 46 countries and now nearly 200 countries, to abate the problem of ozone depletion was adopted on Sept. 19, 1987.
The treaty aimed to address the reduction of the production and use of those chemicals that contribute to the depletion of the ozone layer that envelops earth atmosphere, to protect it from the harmful solar radiation. As per the research was done by Nobel Laureate Sherwood Rowland in 1970, compounds like Chlorofluorocarbons (CFCs) in the presence of solar radiation produces free chlorine radicals. This free radical then further reacts with the ozone layer, leading to its depletion.

4. Rio Summit

In 1992, the Earth Summit was held at Rio de Janeiro, Brazil where 150 countries agreed and participated to confront the problem of greenhouse gases.
It was the biggest conference ever held that addressed a global environmental problem. During the Summit, major treaties were signed on biodiversity, climate change and forest protection and management.
In this summit, the participating countries agreed to commit to sustainable development. The systematic scrutiny of toxic component production, promotion of the use of non-renewable resources by limiting the use of fossil fuels, improvisation of public transport to reduce vehicular emission and the growing scarcity of water, were the major issues that were disused in Earth Summit. In Earth Summit, it was concluded that to have long-term economic progress, we have to link it with environmental protection.

5. Convention on Biodiversity

Convention on Biodiversity came into force in December 1993 and its foundation was laid in June 1992 at Earth Summit in Rio de Janeiro.
The Secretariat office of Convention on Biodiversity is located in Montreal, Canada. The main objective of this treaty was to attain sustainable development by achieving conservation and sustainable use of the biodiversity, its resources and equitable sharing of benefits.
The convention addressed to take effective and urgent steps to abate the loss of biodiversity to facilitate resilient ecosystem to secure various forms of life and human welfare by eradication of poverty. This could be achieved by addressing the basic underlying causes of biodiversity loss and sustainable use of these resources. This would also enhance the benefit to all forms of the ecosystem by proper planning and management.

6. Kyoto Protocol

Kyoto protocol was adopted in December 1997 in Kyoto, Japan, which was signed by 150 countries.
The main target of the protocol was to reduce the Green House Gas emission. As per the protocol, 37 industrialized nations along with the European Union agreed to cut down their greenhouse gas emission and developing nations were asked to cooperate voluntarily to achieve the target. Reduction of greenhouses gases like Carbon dioxide, methane, nitrous oxide, hydrofluorocarbon, perfluorocarbon and sulfur hexafluoride were focused primarily. To achieve objectives, the protocol proposed international emission trading, allowing participating countries to trade emission reduction credits by investing in emission reduction in other countries. Besides that, it also proposed a clean development mechanism and joint implementation to successfully achieve its proposed objectives.

7. Paris Agreement

Paris agreement was commenced in December 2015 at Paris, France. With this agreement, all the countries of the world joined their hands together to combat global climate change and adapting to its effect.
Assistance to enhance support to developing nation in achieving its goal was also proposed during this agreement. Paris agreement aims to save climate change by limiting global warming to 1.5 or below 2 degree Celsius. During this agreement, participating countries were invited to enhance their effort in lowering down emission responsible for global climate change, and to build resilience and adaptability to the adverse effect caused by climate change.

8. International Solar Alliance

Initiative for International Solar Alliance was launched by India and France during Climate Conference in Paris in December 2015.
Its first summit was held at New Delhi on March 11, 2018.
The Main objectives of the alliance were to reduce the cost of solar energy to meet energy demand in developing countries, in order to keep a check on greenhouse gases that are held responsible for global climate change.
ISA is the first International body to have its secretariat office in India. India, being founder and host for the alliance has committed to producing 175GW of electricity from renewable resources, out of which 100 GW would be from solar energy by 2022.

What is NGT?

It is established under the National Green Tribunal Act, 2010.
It is a statutory and quasi-judicial body.
Its aim is to protection and conservation of the environment.

It hears cases related to environment conservation and protection.
It is not bounded by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872, it is guided by the principles of natural justice.
With the establishment of the NGT, India became the third country in the world to set up a specialized environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
The principal bench of NGT is at New Delhi, while the branches of NGT are in Bhopal, Pune, Chennai and Kolkata.

Structure of NGT

It consists of a chairperson who should be the judge of the supreme court of India or chief justice of High court.
Judicial members
Experts

What are the powers of NGT?

The NGT is mandated to dispose of all the cases within six months of filling.
An order or decision of the tribunal is executable as a decree of a civil court.
The appeal against the order of NGT can be filled within 90 days.
Any order of NGT is executable as a decree of a civil court.
NGT also has the power to impose a penalty for not complying with its decision.

Jurisdiction of NGT

NGT deals with civil cases under the laws related to:

The water (prevention and control of pollution) Act, 1974
The water (prevention and control of pollution) Cess Act, 1974.
The forest (conservation) Act, 1980.
The Air (prevention and control of pollution) Act, 1981.
The environment (protection) Act, 1986.
The Public Liability Insurance Act, 1991.
The Biological Diversity Act, 2002.

Important Judgements of NGT

NGT suspended the project of POSCO, a steelmaker company, in Odisha. It was considered an important judgement for the protection of local communities and forests. This was done in the year 2012.
NGT in its judgement in 2012, Almitra H. Patel vs. Union of India, ordered the complete prohibition of open burning of waste on lands, including landfills.
In Uttrakhand floods, 2013, NGT ordered the Alaknanda Hydro Power Co. Ltd to compensate the petitioner. NGT used the principle of 'polluter pays.
NGT in 2015 banned diesel vehicle which is more than ten years old in Delhi-NCR.
NGT imposed the penalty of 5 crores on the Art of Living Festival because it was found violating the environmental norms on Yamuna Flood Plain.
The NGT, in 2017, imposed an interim ban on plastic bags of less than 50-micron thickness in Delhi because “they were causing animal deaths, clogging sewers and harming the environment”.

National Action Plan on Climate Change (NAPCC)

Introduction

The Indian Government defined the national policy on water, sustainable energy, vitality effectiveness farming, and others with a set of eight missions under the National Action Plan on Climate Change. The Action Plan was issued on 30th June 2008 to address future strategies and projects for atmosphere moderation and adjustment.

The list of the eight missions is mentioned below, which is launched by the Government of India. It is part of the National Action Plan On Climate Change in a particular area where the consequence of climate change is more, which needs and action to address it.

National Solar Mission
National Mission for Enhanced Energy Efficiency
National Mission on Sustainable Habitat
National Water Mission
National Mission for Sustaining the Himalayan Ecosystem
National Mission for A Green India
National Mission for Sustainable Agriculture
National Mission on Strategic Knowledge for Climate Change

The aim of the National Action Plan on Climate Chane is to create awareness among the agencies of the Indian Government, the Public, Scientists, the Industrial Sector, and the intimidation of societies.

Details About All Eight Plans with Their Specific Objectives:

In the following points, you will get to know about the main reason for implementing these eight missions in the National Action Plan on Climate Change with the aim of evolution and alleviation-

National Solar Mission- It is also named as The Jawaharlal Nehru National Solar Mission. It is governed by the Ministry of New and Renewable Energy. It was originated in 2010 with the fundamental point of accomplishing flame broil similitude by 2022 and with coal-based thermal power by 2030.

The main intent of this mission is to increase the use of solar thermal technologies in urban areas, various industries, and commercial areas.
The purpose is to produce the photovoltaic and deploy solar thermal power generation by 20000MW/ year by the end of the third phase (2020).
To increase the establishment of a solar research centre, an expansion in the technological advancement with the help of international collaboration, to give the domestic manufacturer the strength, to help with increasing the funds of the Government, etc.
The installation of a solar water heater should be mandatory in residential buildings to encourage solar heating systems.
The main goal of NAPCC to develop solar thermal power in India, capable of delivering solar energy competitively again the fossil fuel options.

National Mission for Enhanced Energy Efficiency- It is governed by the Ministry of Power, which comes under the Energy Conservation Act, 2001.

In the below points, we have mentioned the initiatives of the mission-

Performa Achieve and Trade (PAT) enhance competence in the country's energy exhaustive sectors.
Energy Efficiency Financing Platform (EEFP)- Presenting a platform for potential intensification of stakeholders associated with the Energy Efficiency Financing.
It is a stimulating transformation towards energy-efficient devices through Market Transformation for Energy Efficiency (MTEE).
Framework for Energy Efficient Economic Development (FEEED)- Improvement of monetary instruments to advance vitality effectiveness

The objective of the Nations Mission for Enhanced Energy Efficiency is mentioned in the following points-

To Spread awareness about the productiveness and efficiency of energy effective products and create demand.
This mission is about to ensure the supply of energy-saving products, goods, and services by forming an organization of energy professionals.
To enhance the energy-efficiency includes creating the financial platform, which creates the contract for the financial derivatives of representation and funds to guarantee the risk.
In the condition of the market collapse, it helps people to overcome through regulatory and policy measures generated by the Government.
The main area to work on to fulfil the objective of this mission is Environment, Efficiency, Energy, and Equity.

National Mission on Sustainable Habitat- The Ministry of Urban Development governs it. The man purpose of this mission is to make the urban areas climate-friendly by recycling the waste, strengthening the implementation of automotive fuel marketplace patterns, and handling pricing measures to support the purchase of suitable vehicles, etc.

We have mentioned some significant objectives of the National Mission on Sustainable Habitat in the following points-

By adoption of the strategy for solid and liquid waste management by recycling, reusing, and composting it.
Creating the conversion of solid waste into energy and evaporated the liquid waste coming from the houses at least.
Green rating based on the establishment of financial incentives.
Promotion of natural gases and renewable fuels.
By supporting the substitute transport system and fuel productivity measures to reduce the consumption of fuel per vehicle.

National Water Mission- It is Governed by the Ministry of Water Resources, River Development, and Ganga Rejuvenation. The Indian Government developed the core of 20% improvement of the National Water Mission.

The main objectives of the National Water Mission are mention in the below points-

Focus on the overexploited area, such as- the urban areas, slum areas, etc.
The water using in the industry, agriculture, residential area, etc. will be check and researched based on the National Water Mission Policy.
To make Research and Report on the interface of hydrochloric, automatic climate, and automated rain scale location.
Management of water resources includes- groundwater, waste maintenance, less wastage, equally distributed by determining the more reliable plan on the Water Mission.

National Mission for Sustainable the Himalayan Ecosystem- It is Governed by the Department of Science and Technology, which is created to protect the Himalayan Ecosystem. Nurture and shield the Himalayan glaciers, mountain biological systems, biodiversity, and wildlife preservation and protection.

NMSHE covers a total of twelve (12) states, go through the following points to know the aim of the National Mission for Sustainable the Himalayan Ecosystem-

It is must appoint someone who has knowledge capacities to utilize and applies to vulnerability and variations in the region.
With the help of self-learning, it is easy to balance among the forces of nature and activities of humanity through strong linkages with a society based on organizations.
To establish more Glaciology modern centres, standardization to secure the data for assuring the interoperability and mapping of natural sources in the area.
Evidence-based policy building and governance- creating a platform for Himalayan states and the Centre to interact with various bodies.

The evidence with the project for Himalayan states and the centre to interact with several figures is the policy of building and governance.

National Mission on Green India- It is Governed by the Ministry of Environment, Forest, and Climate Change. The main purpose of this mission is to focus on increasing forest protection & density and preserving biodiversity. In the following points, we have mentioned the detailed goal of the National Mission on Green India-

The campaign named the prime minister's Green India runs to cover the national target by increasing 23% to 33% of the land area under forest and the afforestation of six million hectares.
The Joint Forest Management Committees, which come under the State Dept. of Forests, will complete the degradation of the forest land by encouraging direct action by societies.
To increase of removing the Green House Gas from Indian Forests.

National Mission for Sustainable Agriculture- The Ministry of Agricultural governs it. It works for new and modern technologies and identifies a variety of crops.

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