Environmental protection - legislative measures in India | Geology Optional Notes for UPSC PDF Download

The Legal and Regulatory Framework for Environmental Protection

• Environmental Consciousness and Perception Shift
  • Previously seen as a trade-off, the relationship between environmental quality and economic growth is now viewed as complementary.
  • Historically, environmental considerations have been deeply rooted in Indian culture, with expressions of conservation and sustainable resource use dating back thousands of years.
• Pre-Independence Legislation and Post-UN Conference Developments
  • Prior to 1947, India had some environmental laws, but significant progress occurred after the 1972 UN Conference on the Human Environment in Stockholm.
  • The establishment of the Ministry of Environment and Forests (MoEF) in 1985 marked a pivotal moment in environmental administration in India.
  • The 42nd Amendment post-Stockholm Conference integrated environmental concerns into India's constitutional framework.
• Evolution of Environmental Legislation
  • Since the 1970s, India has developed an extensive network of environmental laws, with the MoEF and pollution control boards playing key regulatory roles.
  • Complementary policy frameworks like the Policy Statement for Abatement of Pollution and the National Conservation Strategy have been introduced to enhance environmental protection efforts.
• Environmental Action Programme and Sector-Specific Policies
  • The Environmental Action Programme (EAP) initiated in 1993 aims to enhance environmental services and integrate environmental considerations into development projects.
  • Various sector-specific policies have been implemented to safeguard and conserve the environment, with detailed discussions available in specific chapters.

Legislation for Environmental Protection in India

• Water Quality Standards
  • Regulation: Water quality standards, particularly for drinking water, are established by the Indian Council of Medical Research, closely resembling WHO standards.
  • Industrial Effluents: Discharge of industrial effluents is controlled by Indian Standard Codes. Specific standards are set for industries like iron and steel, aluminium, pulp and paper, oil refineries, petrochemicals, and thermal power plants.
  • Coastal Water: Recent standards have been specified for coastal water marine outfalls.
• Water (Prevention and Control of Pollution) Act, 1974
  • This Act was India's initial comprehensive effort to address environmental concerns.
  • It prohibits the discharge of pollutants into water bodies beyond specified limits and imposes penalties for violations.
  • CPCB: The Central Pollution Control Board (CPCB) was established under this Act to set pollution control standards.
  • SPCBs: State Pollution Control Boards operate under the CPCB's guidance and state government's direction.
• Water (Prevention and Control of Pollution) Cess Act, 1977
  • This Act involves a levy and collection of a cess on water usage by industries and local authorities.
  • Purpose: It aims to enhance resources for central and state boards in curbing water pollution.
  • Cess Rules: The Water (Prevention and Control of Pollution) Cess Rules were framed in 1978 to specify standards and requirements for water consumers.

Air (Prevention and Control of Pollution) Act, 1981

• The 1981 Act was established to address issues related to air pollution by setting ambient air quality standards.
• It focuses on controlling and reducing air pollution by prohibiting the use of polluting fuels and substances.
• Industrial plants in pollution control areas require consent from state boards to operate.
• The Act mandates testing of air quality, inspection of pollution control equipment, and monitoring manufacturing processes.

National Ambient Air Quality Standards (NAAQS)

• CPCB notified NAAQS for major pollutants in 1994 to protect public health, vegetation, and property.
• Specific standards are set for industrial, residential, rural, and sensitive areas.
• Industry-specific emission standards have been developed for various sectors like iron and steel, cement, and oil refineries.

Air (Prevention and Control of Pollution) Amendment Act, 1987

• Enacted to empower pollution boards to deal with emergencies and recover expenses from offenders.
• Boards can take immediate measures during emergencies and cancel consent for non-compliance.

Air (Prevention and Control of Pollution) Rules, 1982

• Define procedures for board meetings, powers of presiding officers, decision-making, and quorum.
• Prescribe methods for seeking specialist assistance and the fees involved.

Related Acts

• Atomic Energy Act of 1982: Deals with radioactive waste management.
• Motor Vehicles Act of 1988: Regulates vehicular traffic and hazardous waste transportation.
• Environmental Protection Act (EPA) of 1986: Addresses various aspects of vehicular pollution.
• Mass Emission Standards: Notified in 1990 and revised to enforce stricter norms over time.

Wildlife Protection Act, 1972

• The Wildlife Protection Act (WPA), 1972, was amended in 1991 to provide protection to specific species of plants and animals.
• The Act establishes protected areas like wildlife sanctuaries, national parks, and closed areas to conserve ecologically significant habitats.
• Industrial activities are strictly prohibited within these protected areas to safeguard the wildlife and their habitats.
• Authorities at both central and state levels are empowered to enforce the Act, regulate hunting, protect plants and animals, and control trade in wildlife.
• The Act bans hunting of animals, except with permission in exceptional circumstances such as threats to human life or property or when an animal is beyond recovery.
• The Amendment Act of 1991 strengthened the prohibition on hunting, making it nearly absolute.

The Forest (Conservation) Act, 1980

• This legislation, established in 1980, aims to safeguard and preserve forests by limiting state authority concerning the de-reservation of forests and the utilization of forestland for non-forest purposes.
• Non-forest purposes encompass activities such as clearing forest areas for cultivating cash crops, plantation crops, horticulture, or any other activities not related to re-afforestation.

Environment (Protection) Act, 1986 (EPA)

• The EPA, enacted in 1986, serves as a comprehensive law facilitating the coordination of central and state bodies formed under the Water (Prevention and Control) Act, 1974, and the Air (Prevention and Control) Act, 1981.
• Under this statute, the central government is authorized to implement measures vital for enhancing and safeguarding environmental quality. These measures include setting emission and discharge standards, regulating industrial site locations, managing hazardous wastes, and ensuring public health and safety.
• Periodically, the central government releases notifications under the EPA to safeguard ecologically sensitive regions and provide guidance on EPA-related matters.

Notifications Issued under the EPA

• Doon Valley Notification (1989): This notification prohibits the establishment of industries in the Doon Valley that consume more than 24 million tonnes of coal or fuel daily.

By restricting state powers and setting environmental standards, these acts play crucial roles in preserving forests and safeguarding the environment. The EPA's notifications, such as the Doon Valley Notification, demonstrate specific measures taken to protect ecologically vulnerable areas from industrial activities that could harm the environment.

• Coastal Regulation Zone Notification (1991)
  • Regulates activities along coastal stretches.
  • Prohibits dumping ash or any waste in CRZ.
  • Thermal power plants need clearance from MoEF for specific facilities.
• Dhanu Taluka Notification (1991)
  • Declares Dhanu Taluka as ecologically fragile, banning power plant setups.
• Revdanda Creek Notification (1989)
  • Prohibits industrial setups around Revdanda Creek.
• Environmental Impact Assessment of Development Projects Notification
  • Projects in Schedule I mandate MoEF clearance.
  • Delicensed category projects require MoEF clearance.
  • All projects in fragile regions need MoEF clearance.
• Industrial Projects above Rs 500 million
  • Require MoEF clearance.
  • Need LOI from Ministry of Industry and NOC from SPCB and State Forest Department for forestland locations.
  • LOI transforms into an industrial license upon NOC acquisition.
• Procedural Requirements for New Power Plants
  • Two-stage clearance for site-specific projects like thermal power plants.
  • First stage: Site clearance; Second stage: Final environmental clearance.
  • Public hearing mandatory for transparency and community involvement.
• Ash Content Notification (1997)
  • Stipulated the requirement of using beneficiated coal with ash content not exceeding 34% starting from June 2001 (later extended to June 2002).
  • Applies to thermal plants situated over a thousand kilometers from the pithead, as well as those in urban or sensitive areas, except pithead power plants.
• Taj Trapezium Notification (1998)
  • Prohibited the establishment of power plants within the geographic boundaries of the Taj Trapezium designated by the Taj Trapezium Zone Pollution (Prevention and Control) Authority.
• Disposal of Fly Ash Notification (1999)
  • Objective: To safeguard topsoil, preserve the environment, and prevent the dumping of fly ash from lignite-based power plants.
  • Within a 50 km radius of a coal or lignite-based power plant, it is mandated that clay bricks or tiles must contain at least 25% ash mixed with soil on a weight-to-weight basis.
  • Utilization of fly ash by thermal power plants:
    • Power plants must provide ash free of charge for ten years after the notification for creating ash-based products or construction activities.
    • Thermal power plants commissioned under environmental clearance conditions, requiring an action plan for full fly ash utilization, must phase out ash dumping on land within nine years of the notification.

Environmental Protection Laws in India

• Rules for the Manufacture, Use, Import, Export, and Storage of Hazardous Micro-organisms/Genetically Engineered Organisms or Cells (1989):
  • Introduced to safeguard the environment, nature, and health related to gene technology and micro-organisms under the Environmental Protection Act, 1986.
  • In 1991, the government established the ECOMARK national label scheme to promote environmentally-friendly products.
  • The scheme incentivizes manufacturers and importers to reduce environmental impacts, encourage eco-friendly initiatives, and enhance environmental quality and resource sustainability.
  • Incorporated notifications regarding Recycled Plastics Manufacture and Usage Rules, 1999, under the Environment (Protection) Act of 1986.
• Environment (Protection) Rules, 1986:
  • Specify procedures for setting emission or discharge standards for environmental pollutants.
  • Empower the Central Government to issue orders prohibiting or restricting industrial operations in specific areas.
  • Detail the process for sampling, notice serving, sample submission for analysis, and laboratory reports.
  • Define laboratory functions and qualifications of analysts.
• National Environment Appellate Authority Act, 1997:
  • Established the National Environment Appellate Authority to handle appeals concerning restrictions on industrial operations under the Environment (Protection) Act, 1986.
• Legislation Specific to the Coal Sector:
  • Mines Act, 1952, aimed at improving health and safety standards in coal mines.
  • Coal Mines (Conservation and Development) Act (1974) focused on coal conservation during mining activities.
  • Legislation in 1959 aimed at conserving and developing oil and natural gas resources.

Hazardous Waste Management Legislation Overview

• The management of hazardous wastes is governed by various legislative acts which include:
• Factories Act, 1948: This act plays a crucial role in regulating hazardous waste within industrial settings.
• Public Liability Insurance Act, 1991: This act is designed to provide compensation for any damages caused due to handling hazardous substances.
• National Environment Tribunal Act, 1995: This act focuses on addressing environmental disputes and enforcing environmental laws.
• Environmental Protection Act of 1986: This act serves as a fundamental legislation concerning environmental protection in India.

Notifications under Environmental Protection Act of 1986

• Under the Environmental Protection Act of 1986, the Ministry of Environment and Forests (MoEF) has issued several notifications to address hazardous waste management. These notifications include:
• Hazardous Wastes (Management and Handling) Rules, 1989: These rules provide guidance on the manufacturing, storage, and import of hazardous chemicals, as well as the management of hazardous wastes.
• Biomedical Waste (Management and Handling) Rules, 1998: Formulated to ensure proper disposal, segregation, and transportation of infectious wastes.
• Municipal Wastes (Management and Handling) Rules, 2000: Aimed at enabling municipalities to dispose of municipal solid waste in a scientific manner.
• Hazardous Wastes (Management and Handling) Amendment Rules, 2000: A recent notification providing guidelines for the import and export of hazardous waste in the country.

Factories Act, 1948

• The Factories Act, 1948 was established after India gained independence with a primary focus on worker welfare and environmental concerns.
• This Act aims to safeguard workers not just in their workplace conditions but also in terms of employment benefits.
• It emphasizes worker safety, health, and environmental protection in factories.
• The Act categorizes 29 industries with hazardous processes, defining them as activities that can cause harm to worker health or lead to environmental pollution.
• Examples of hazardous processes include those where raw materials, products, by-products, wastes, or effluents can lead to health issues for workers or environmental pollution.

Public Liability Insurance Act (PLIA), 1991

• The Public Liability Insurance Act (PLIA), 1991, deals with accidents involving hazardous substances and the insurance coverage necessary for such incidents.
• Under this Act, if an accident results in death or injury, the owner is held responsible for providing relief as outlined in the Act's Schedule.
• In 1992, amendments were made to the PLIA, empowering the Central Government to establish the Environmental Relief Fund for providing relief payments.

National Environment Tribunal Act, 1995

• The National Environment Tribunal Act of 1995 introduced strict liability for damages resulting from accidents involving hazardous substances.
• It established the National Environment Tribunal to efficiently handle cases arising from such accidents, aiming to provide relief and compensation for damages to individuals, property, and the environment.

International Agreements on Environmental Issues

• India is a party to various multilateral environmental agreements (MEAs) and conventions focusing on environmental concerns.
• One significant agreement is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) established in 1973.
• CITES aims to regulate and prevent international commercial trade involving endangered species or products derived from them.
• Instead of directly safeguarding endangered species or habitats, CITES aims to diminish economic incentives for poaching and habitat destruction by restricting international markets.
• India joined CITES in 1976 and regulates international trade of wild flora and fauna, including CITES-listed species, through laws such as The Wildlife (Protection) Act 1972 and governmental policies.

Montreal Protocol on Substances that Deplete the Ozone Layer (to the Vienna Convention for the Protection of the Ozone Layer), 1987

• The Montreal Protocol, an extension of the Vienna Convention, became effective in 1989, aiming to reduce the use and production of ozone-depleting substances (ODS).
• Recognizing varying levels of responsibility among nations, the Protocol tailored its targets based on a nation's contribution to ozone depletion, considering their technological and financial capacities.
• India joined the Montreal Protocol in 1992, committing to phasing out ODS production by 2010 through the establishment of dedicated committees.
• To fulfill its obligations, India exempted goods required for ODS phase-out projects from duties, even extending this benefit to investments using non-ODS technologies.
• Additionally, commercial banks are barred from financing projects involving ODS technologies, aligning with the Protocol's objectives.
• The Ozone Depleting Substances (Regulation and Control) Rules, 2000, were introduced in India to regulate ODS phase-out, developed in consultation with relevant stakeholders.

Basel Convention on Transboundary Movement of Hazardous Wastes, 1989

• The Basel Convention, operational since 1992, focuses on curtailing hazardous waste transfers across borders, minimizing waste generation, and preventing shipments to inadequately equipped countries.
• India ratified the Basel Convention in 1992, swiftly incorporating its principles into the Hazardous Wastes Management Rules Act of 1989, which covers aspects like waste import/export notification and illegal waste trafficking.

Key International Environmental Conventions

• UN Framework Convention on Climate Change (UNFCCC), 1992

  • The UNFCCC, established in 1992, aims to stabilize greenhouse gas emissions to prevent harmful interference with global climate.
  • It follows the principle of common but differentiated responsibilities, focusing on regulatory structures.
  • India became a signatory in June 1992 and ratified the agreement in November 1993.
  • Developed countries are primarily responsible for reducing emissions, while developing countries like India focus on constructing greenhouse gas inventories.
  • India's First National Communication, starting from the base year 1994, includes GHG source inventory, vulnerability assessment, adaptation strategies, and climate change mitigation efforts.

• Convention on Biological Diversity, 1992

  • The CBD, effective since 1993, is a binding treaty ratified by 180 countries, emphasizing biodiversity conservation, sustainable resource use, and fair benefit-sharing.
  • It covers diverse topics such as habitat preservation, intellectual property rights, biosafety, and indigenous rights.
  • India's efforts under the CBD include laws like the Wildlife (Protection) Act of 1972 and participation in international agreements like CITES.

• UN Convention on Desertification, 1994

  • Established following the 1992 UN Conference on Environment and Development, this convention focuses on combating desertification in drought-affected regions.
  • It emphasizes a bottom-up approach, involving local communities and NGOs in environmental efforts.
  • Seven South Asian countries, including India, are signatories, with a focus on national and regional action plans.
  • India leads the network on agroforestry and soil conservation under the Regional Action Programme.

International Tropical Timber Agreement and ITTO

• The International Tropical Timber Organization (ITTO) was established by the International Tropical Timber Agreement (ITTA) in 1983.
• ITTO facilitates international cooperation on issues related to the trade and sustainable management of tropical timber.
• The successor agreement to ITTA was negotiated in 1994 and came into force in 1997.
• India ratified the ITTA in 1996.

Environmental Legislation Framework in India

• India has a comprehensive legal framework for environmental protection.
• Enforcement of environmental laws has been a concern due to a command and control approach.
• Government initiatives like the Policy Statement for Abatement of Pollution in 1992 aimed to shift towards preventive measures using economic instruments.
• Market-based approaches and incentives have been introduced to encourage compliance with environmental regulations.

Judicial Activism and Environmental Protection

• Judicial activism has played a significant role in enforcing environmental laws in India.
• Courts have taken steps such as ordering the closure of polluting factories to ensure environmental compliance.

Integration of Environmental Concerns

• Agenda 21 emphasizes the need to integrate environmental concerns into policy, planning, and decision-making processes.
• This integration includes the use of effective legal frameworks, economic instruments, and other incentives for sustainable development.