Environment Policy and Law: Pre & Post Independence Period | Environmental Law - CLAT PG PDF Download

Environmental Policy

• India, with its large population and developing economy, faces the challenge of balancing environmental conservation with socio-economic growth. The country’s environmental policy is influenced by international actors, trade conditions, and moral obligations established in global summits.
• Key international milestones, such as the UN Conference on Human Environment(1972), the Montreal Protocol(1987), the Rio Earth Summit(1992), the Kyoto Protocol(1997), and the Bali Roadmap(2007), have shaped global environmental policy.
• Domestic awareness of the need for a green policy has been heightened by environmental disasters like the Bhopal Gas Leak(1984), the Chernobyl nuclear accident(1986), the Exxon Valdez oil spill(1989), and the Deepwater Horizon oil spill(2010).

Forest Policy in Colonial India

During early colonial rule, forests were viewed as state-owned assets with commercial potential, primarily for timber and other forest produce. The colonial administration focused on exploiting forests to meet the expanding needs of the railways and telegraph.
The Forest Policy of 1894, inspired by Dr. Voelcker's work on improving Indian agriculture, aimed to maximize revenue from commercial forests. It established a framework for forest administration prioritizing state benefits.

• Preservation forests were set aside for environmental purposes.
• Commercial forests were designated for timber and other products.
• Pasture lands were allocated to meet local communities' needs for fuel wood, small timber, and fodder.

The Indian Forest Act of 1927 replaced the 1878 Act, shifting forest administration under the nominal control of elected legislatures in provinces. The Act emphasized the revenue-yielding aspect of forests and consolidated laws related to the transit of forest produce and duties on timber and other products.

Forest Policy in Colonial India (1947-72)

• The Vana Mahotsava(Tree Festival) program, initiated in 1948, encouraged the establishment of tree lands for fast-growing plantations to meet local fuel needs.
• The policy emphasized the importance of preserving the rights and interests of future generations.
• Indiscriminate agricultural expansion and the resulting destruction of forests were criticized for depriving local populations of essential resources and weakening natural defenses against erosion.

During this period, nation-building through investment in industrialization,agriculture, and infrastructure was prioritized, while environmental conservation through forest preservation received less attention.

Environmental Policy (1972-1980)

The United Nations Conference on Human Environment in 1972 was a pivotal moment for environmental policy-making in India. Prime Minister Indira Gandhi was notably the only head of government to address the conference, emphasizing the importance of environmental issues.

• The conference highlighted that under-development in developing countries contributed to environmental problems and proposed 26 principles for governments and peoples to work together for environmental preservation and improvement.
• India embraced these principles and revamped its environmental policy through various legislative and administrative measures.

The Wildlife (Protection) Act, passed in September 1972, was the first significant legislation in this new wave of environmental policy. Notably, Parliament exercised its constitutional powers to legislate on a subject typically assigned to the States.

• The Act aimed at wildlife conservation and prohibited the hunting or destruction of species listed in its Schedule.
• It established a licensing procedure for hunting permitted species and outlined the process for declaring sanctuaries and National Parks to protect wildlife.
• The first tiger census in 1972 revealed a critically low tiger population of 1,827 individuals, leading to the tiger being designated as a protected species under the Act.

Following the Wildlife Act, the Water (Prevention and Control of Pollution) Act was enacted in 1974 to address water pollution by regulating the discharge of untreated industrial effluents into water bodies.

• The Act covered various water bodies, including rivers, streams, seas, tidal waters, wells, and inland water bodies, whether natural or artificial.
• The legislation led to the establishment of the Central Pollution Control Board and State Boards to oversee permissions and enforcement related to water pollution.

Movements for Protection of Environment in India

• According to the International Encyclopedia of Sociology, a social movement is an organized effort by a group of people united by a common belief to bring about or resist changes in the existing social order through non-institutional means. The ultimate goal of a social movement, as perceived by its members, is the betterment of society.
• Over the past century, the State in India has progressively encroached upon the rights and privileges of people regarding forest resources. In response, people have resisted this encroachment through various means, particularly the Gandhian method of protest known as "Forest Satyagraha." In the forest areas of the Garhwal Himalaya, this form of protest was revived in independent India as the "Chipko" or "Embrace-the-Tree" movement, aimed at protecting trees marked for felling. Although Chipko originated in the Garhwal Himalaya, it has since spread to various parts of the country, especially in hilly regions.

Conflicts over Forest Resources and the Evolution of the Chipko Movement

• The Chipko Movement emerged from conflicts and tensions related to forest management and utilization in India, particularly due to changes introduced during the colonial period.
• Historically, forests were managed as common resources with social mechanisms for controlling exploitation to ensure sustained productivity. Colonial impact disrupted these strategies.
• The introduction of the zamindari system during the colonial period transformed common village resources into private property, leading to their destruction and increased pressure on natural forests.
• Large-scale felling in natural forests for non-local commercial needs, such as shipbuilding for the British Royal Navy and railroad ties, contributed to forest destruction.
• After a period of unchecked exploitation, the need for control became apparent. The formation of a forest bureaucracy and the reservation of forest areas were colonial responses aimed at ensuring control over commercial forest exploitation.
• Forest conservancy focused on maintaining revenues rather than the health of forest ecosystems. This approach led to conflicts at both utilization and conservation levels.
• At the utilization level, the new management system catered only to commercial demands, ignoring local basic needs and traditional rights.
• At the conservation level, ecologically unsound silviculture practices were introduced, undermining forest productivity and transforming renewable resources into non-renewable ones.
• The Forest Act of 1927 intensified conflicts, leading to widespread Forest Satyagrahas in the 1930s as a mode of non-violent resistance against the new forest laws and policies.

Satyagraha as a Non-Violent Mode of Conflict Resolution

• Satyagraha, according to Gandhi, is a method of nonviolent resistance used as a political tool instead of armed force. Unlike other political philosophies, it is not strictly materialist but is often seen as based on subjective, idealist, or moral forces.
• Gandhi viewed satyagraha as a continuation of an ancient Indian tradition of passive resistance. It was employed against systems of material exploitation that were crucial for British profit-making and the material underdevelopment of Indian masses.
• Satyagrahas were used in various instances, such as Champaran to protect peasants from compulsory indigo cultivation, against the exploitative Salt Law, and to safeguard the interests of Indian weavers against European competition.
• In the context of forest movements, satyagraha was used to resist the denial of traditional rights. Despite being seen as non-material and spiritual transformations, these movements were rooted in material contradictions.
• The perception of Gandhian satyagrahas as unrelated to material contradictions is incorrect. The deeper contradictions in society stem from the conflict between sustainable development and capitalist production for profit.
• Gandhi focused on the material contradictions impacting the marginalized majority, politicizing resource demands of the capitalist system introduced by the British.
• The First Chipko Movement occurred in 1970 and continued for five years in the Uttarakhand Himalaya. It was driven by decentralized and locally autonomous initiatives, primarily led by village women aiming to protect their means of subsistence and communities.

Legacy of Forest Movements in Garhwal Himalayan Region

• Forest resources are vital for the delicate Himalayan ecosystem, crucial for maintaining water and soil stability, especially under heavy seasonal rainfall.
• These forests provide essential inputs for sustainable agriculture and animal husbandry, forming the material basis for the entire agro-pastoral economy of hill villages.
• During the 19th century, the forests of Garhwal faced significant exploitation pressures. In 1850, Mr. Wilson obtained a lease to exploit all the forests of the Kingdom of Tehri-Garhwal, leading to the destruction of valuable Deodar and Chir forests.
• Inspired by Wilson's success, the British rulers took similar actions in the northwestern provinces, leading to large-scale felling of oak forests.
• In 1895, the Tehri State recognized the economic importance of forests and took over their management, leading to the reservation of forest areas and restrictions on village use between 1897 and 1899.
• These restrictions were met with resistance from villagers and led to organized opposition against authority.
• In 1905, the Tehri King modified these restrictions in response to resistance, but conflicts persisted. The contradictions between villagers' basic needs and the State's revenue requirements intensified.
• The non-cooperation movement in 1930, primarily focused on forest resources, marked a significant phase of resistance in Garhwal.
• The Chipko Movement, historically and philosophically linked to Gandhian Satyagraha, gained prominence in post-Independence India.
• Gandhian figures like Sri Dev Suman,Mira Behn, and Sarala Behn played crucial roles in shaping the movement's ethos.
• The contemporary Chipko Movement has evolved into a national campaign, addressing multifaceted conflicts over forest resources at scientific, technical, economic, and ecological levels.
• It emphasizes the ecological context of forests, advocating for soil and water conservation as primary goals, rather than immediate commercial benefits.
• The movement seeks to address the social and ecological costs of growth-oriented forest management, positioning itself as a broader critique of resource exploitation.
• The First Chipko Movement, rooted in decentralized and local initiatives, highlights the role of village women in protecting their communities and subsistence.

Sunderlal Bahuguna

The movement achieved significant milestones, including:

• A fifteen-year ban on commercial green felling in Uttar Pradesh.
• Halting clear-felling in the Western Ghats and the Vindhyas.
• Advocating for a national forest policy that balances people's needs with ecological requirements.

However, the Chipko Movement has often been misrepresented as a conflict between "development" and "ecological concern." This misrepresentation oversimplifies the issue, suggesting that development is purely material while ecology is about subjective factors like scenic beauty.
The real conflict lies between ecologically sound development and unsustainable, destructive economic growth.

Appiko Movement

The Appiko Movement, akin to the Chipko Movement, was initiated in September 1983 by the Yuvak Mandali representatives to protect the Western Ghats in Southwest India. The movement arose from observations of excessive tree felling in easily accessible areas and damage to surrounding trees during such operations.

The Appiko Movement has three main objectives:

• Protecting existing forest cover
• Regenerating trees in degraded lands
• Utilizing forest resources with a focus on conservation

These objectives are pursued through the establishment of Parisara Samrakshna Kendras. The movement gained momentum due to the Forest Department's promotion of monoculture plantations after clear-felling existing mixed semi-evergreen forests.

• In August 1983, villagers in Sirsi Taluk of Uttara Kannada appealed to the Forest Department to halt felling operations in the Bilegal forest under the Hulekal range. The villagers experienced severe soil erosion and the depletion of perennial water resources due to the Department's actions. In Salkani village, residents were deprived of the last remaining forest patch for essential biomass resources such as fuelwood, fodder, and honey.
• The Appiko Movement persisted within the forest for thirty-eight days, eventually leading to the withdrawal of felling orders by the government. Activists also secured a promise from loggers not to destroy trees in the forest.

Chilika Bachao Andolan

• The Chilika Bachao Andolan is a prominent environmental movement in India that began as a grassroots initiative and later evolved into a mass movement. Initially aimed at preventing large business entities like the Tatas from entering the commercial aquaculture of prawns, the movement continues with broader environmental and ecological goals.
• Chilika, located in the Puri, Khurda, and Ganjam districts of Orissa, is the largest brackish water lake in India, home to a diverse range of fish and plants thriving in brackish water. The lake is separated from the Bay of Bengal by a sandy ridge and has a natural opening near Arakhkuda that allows water flow and fish migration between the sea and the lake, maintaining a sweet-saline ecosystem throughout the year.
• In response to the Integrated Shrimp Farm Project, primarily involving fishermen from Chilika, the Chilika Bachao Andolan was launched. Non-fishermen farmers, students (especially from Utkal University), intellectuals, and human rights activists supported the fishermen in their struggle. The Orissa Krushak Mahasangha (OKM) also joined to protect the livelihood rights of the fisher folk.
• The villages surrounding the lake have experienced serious law and order issues due to increasing rivalries among these villages over the capture of aquatic resources in Chilika Lake. Traditional fishing communities have been agitating against the environmental degradation of the lake's ecology. Conflicts between fisher folk and non-fisher folk have escalated into violent outbursts. These conflicts stem from factors such as modernization, economic competition among socially differentiated segments of society, social inequality, and other related causes.
• The resistance movement initiated by traditional fishermen in Chilika has emerged as a response to these issues. When the Tata project began intensive shrimp culture in the lake, in collaboration with the government of Orissa, it overlooked the interests and needs of the marginalized traditional fishermen community. As their livelihoods were threatened by the leasing of areas to entities other than those who traditionally held rights over the natural resources, protests and resistance manifested in the form of the Chilika Bachao Andolan.
• This powerful people's movement aims to protect the lake's economy and its people from commercial exploitation by big businesses and to restore the community's right to manage the lake.

Narmada Bachao Andolan (NBA)

• The Narmada Basin, spanning approximately 94,500 square kilometers between the Vindhya and Satpura ranges in Central India, is the site of the Narmada Valley Development Project (NVDP). This ambitious project aims to harness the Narmada River, which flows through Madhya Pradesh, Maharashtra, and Gujarat.
• The Narmada Bachao Andolan (NBA) has successfully brought to public attention the previously closed discourse surrounding mega development projects. It has opened new avenues for environmental movements by highlighting the ecological implications of such large-scale endeavors and pointing out the deficiencies in institutional frameworks governing these projects.
• Medha Patkar has been a central figure in the Narmada Bachao Andolan, a movement aimed at halting the construction of a series of dams planned for the Narmada River. The Sardar Sarovar Dam, financed by the World Bank, is a key component of this project, which is one of the largest river development initiatives globally. The dam and its associated canal system are expected to displace around 320,000 villagers, primarily from tribal communities whose livelihoods depend on the river's natural resources.
• The Narmada Bachao Andolan began as a response to the Sardar Sarovar Project (SSP). The region affected by the SSP and other projects on the Narmada has a long history of tribal and non-tribal protests, with stories of resistance deeply ingrained in the local culture. The social movement in the Narmada valley illustrates how India's developmental trajectory has often favored dominant groups at the expense of the marginalized, highlighting the need for societal justice, participatory democracy, and environmental sustainability.