Ecology and Environmental Policy in Post-Colonial India | History Optional for UPSC (Notes) PDF Download

Independence to the Stockholm Conference (1947 – 1972): 

The period between 1947 and 1972 in India saw a gradual evolution of environmental concern, albeit without a cohesive environmental policy. Initially, the focus was on infrastructure development, with limited attention to environmental issues. Various concerns like sewage disposal, sanitation, and public health were managed by different government ministries. However, there were existing legislations to control activities like tree felling and water pollution. 

Early Legislative Framework:

• The Factories Act, 1948 : Mandated factories to arrange for effective waste disposal and treat liquid effluents, gases, and fumes to minimize adverse effects. 
• River Boards Act of 1956 : Established river boards to prevent water pollution in inter-state rivers. 
• Mines and Minerals (Regulation and Development) Act, 1957 : Regulated mining activities to prevent environmental degradation. 
• Prevention of Cruelty to Animals Act, 1960 : Aimed at preventing cruelty to animals. 

Shift in Focus:

• During the early years post-independence, environmental concerns were secondary to infrastructure development. 
• As issues like population growth, pollution, and resource depletion gained prominence, there was a gradual shift towards recognizing the importance of environmental protection. 

Stockholm Declaration and Policy Shift:

• The Stockholm Declaration of 1972 was a pivotal moment that broadened the Indian Government's perspective on environmental protection. 
• This led to a more unified and proactive approach in subsequent Five-Year Plans and legislations aimed at curbing and controlling environmental pollution. 

Post Stockholm Conference Period (After 1972): 

Stockholm Conference on Environment and Development had a significant impact on environmental policy making in India. 

• It led to an amendment of the Constitution, which paved the way for stronger environmental protections. 
• This was followed by important legislations such as the Water (Prevention and Control of Pollution) Act in 1974 and the Air (Prevention and Control of Pollution) Act in 1981.
• The conference also resulted in the creation of institutions like the Central and State Pollution Control Boards, which are responsible for implementing the provisions of these Acts. 

Environmental Laws Since 1972 

The Wildlife (Protection) Act, 1972:

• Aims to prevent the decline of wild animals and birds. 
• Prohibits poaching of certain animals, except for education or scientific research. 
• Allows state governments to declare areas as sanctuaries or national parks for ecological, faunal, floral, geomorphological, natural, or zoological protection. 

The Water (Prevention and Control of Pollution) Act, 1974:

• Led to the establishment of the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) for monitoring and controlling pollution. 

The Forest (Conservation) Act, 1980:

• Aims to check deforestation and the diversion of forest land for non-forestry purposes. 
• Promotes social forestry initiatives. 

The Air (Prevention and Control of Pollution) Act, 1981:

• Focuses on controlling air pollution through the establishment of pollution control boards. 

The Environment (Protection) Act, 1986:

• A significant legislation aimed at comprehensive environmental protection. 
• Focuses on pollution control with strict penalties for violations. 

The Public Liability Insurance Act, 1991:

• Requires mandatory insurance for immediate relief to individuals affected by accidents involving hazardous substances. 

The National Environment Tribunals Act, 1995:

• Established to expedite the disposal of environmental cases, addressing the delays seen in civil court litigations, like the Bhopal case. 
• Four tribunal benches set up in Delhi, Calcutta, Madras, and Bombay. 

The National Environment Appellate Authority Act, 1997:

• Establishes the National Environment Appellate Authority (NEAA) to hear appeals regarding restrictions on industrial activities under the Environment (Protection) Act, 1986. 

The Biological Diversity Act, 2002:

• Aims to involve local communities in protecting biodiversity. 
• Facilitates access to genetic materials while safeguarding associated traditional knowledge. 

Environmental Policy Since 1972: 

• In 1972, it was recognized that India needed a national body to improve coordination and coherence in environmental policies and to integrate environmental concerns into economic development plans. 
• As a result, the National Committee on Environmental Planning and Coordination (NCEPC) was established in February 1972 within the Department of Science and Technology. 
• The NCEPC became the top advisory body for environmental protection and improvement in India. 
• Initially, the NCEPC was supported by the Department of Science and Technology, and an Office of Environmental Planning and Coordination was set up to assist the committee. 
• While the committee was responsible for planning and coordinating environmental efforts, the actual execution of policies remained with various ministries and government agencies. 

Evolution of Environmental Institutions in India

Over time, the composition of the NCEPC changed significantly, becoming unwieldy and complicating decision-making. There was an increase in bureaucratization with the addition of more secretaries. 

• In 1972, the National Council for Environmental Planning and Policy was established, which later evolved into the Ministry of Environment and Forests in 1985. 
• The Fourth Five Year Plan (1969-74) was the first to emphasize the importance of preserving quality of life and promoting the environment alongside development. However, it was during the Fifth (1974-79) and Sixth (1980-85) Five Year Plans that these concerns were translated into concrete programmes. 
• The Fifth Five Year Plan stressed the need for close association with the NCEPC in industrial decisions to ensure environmental goals were considered. 
• The Sixth Five Year Plan included a chapter on ‘Environment and Development’, providing guidance on environmental concerns to administrators and resource managers. 
• The Seventh Five Year Plan (1985-90) emphasized sustainable development in harmony with the environment and recognized the need for environmental awareness. 
• The Eight (1992-97), Ninth (1997-2002), and Tenth (2002-2007 & further) Five Year Plans continued to integrate environmental considerations into the planning process. 
• The Tiwari Committee (1980) was set up to review existing environmental legislation and recommend measures for environmental protection. 
• The New Economic Policy in 1991 and subsequent constitutional amendments facilitated the decentralization of powers and resources to local bodies. 
• The National Environment Policy 2006 aimed to bring together various guiding principles for environmental protection and build upon earlier policies. 

Objectives of the National Environment Policy, 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 

Constitutional Provisions

• The Constitution of India includes Directive Principles of State Policy. 
• Before 1976, environmental protection was not mentioned in the Constitution. 
• In 1976, the 42nd amendment introduced environmental provisions. 
• Article 48 A was added, stating the duty of the state to protect and improve the natural environment, forests, and wildlife. 
• Article 51 A (g) of Fundamental Duties was also introduced, making it the duty of every citizen to protect and improve the natural environment. 
• This amendment led to 'Forests' and 'Wildlife' being moved from the State list to the Concurrent (Centre) list. 

Environmental movements in independent India 

• Environmental movements in India have significantly increased since the 1970s. 
• These movements originated as local responses to specific issues in different areas and times. 
• Key reasons for the emergence of these movements include: 
• Control over natural resources
• Misguided developmental policies
• Socioeconomic factors
• Environmental degradation
• Increased environmental awareness and media
• These movements span from the Himalayan regions of Uttar Pradesh to the tropical forests of Kerala, and from Gujarat to Tripura. 

Major movement

Bishnoi Movement (1730):

• Led by Amrita Devi, this movement saw around 363 people sacrificing their lives to protect forests. 
• It was the first movement to spontaneously develop the strategy of hugging trees for their protection. 

The Chipko Movement:

• Originating in Uttarakhand in the 1970s, the Chipko movement aimed to prevent tree cutting by hugging trees. 
• The term "Chipko," meaning "hugging," reflects the actions of local women who physically blocked loggers by embracing trees. 
• This ecological movement focused on preserving forests and maintaining the traditional ecological balance in the sub-Himalayan region. 
• It was one of the first significant environmental movements in India, inspiring similar efforts in other regions. 
• The movement highlighted environmental issues in the Alaknanda catchment area and demanded that forest benefits, particularly fodder rights, be allocated to local people. 
• Activists, both men and women, played crucial roles, including figures like Gaura Devi, Sudesha Devi, Chandi Prasad Bhatt, and Sundarlal Bahuguna. 
• Women, in particular, led the resistance against the timber mafia, recognizing the direct impact of environmental degradation on their livelihoods. 
• The movement culminated in a 15-year ban on tree felling in the region by the then Prime Minister. 
• Women’s leadership and decision-making roles in the movement challenged the patriarchal norms of society. 

Narmada Bachao Andolan:

• This movement opposes the Narmada River Valley Project, with Medha Patkar as a key figure. 
• The movement addresses various issues, including displacement risks, environmental impact, financial implications, and civil liberties violations. 

Appiko Movement:

• Taking place in the Uttara Kannada district of Karnataka, this movement focuses on forest conservation. 
• It aims to protect existing forest cover, regenerate trees in degraded areas, and utilize forest resources sustainably. 
• The movement raised awareness about the ecological threats posed by commercial interests to forest resources. 

Silent Valley Movement:

• The Silent Valley protests aimed to protect the tropical rain forest and maintain ecological balance against a hydroelectric project. 
• The movement opposed ecologically unsustainable development and sought to preserve ecological balance. 
• Activists employed campaigns and petitions as non-violent strategies, aligning with Gandhian principles. 

Tehri Dam Conflict:

• The Tehri Dam, standing 260.5 meters high on the Bhagirathi River in the Garhwal-Himalayas, faced opposition from local communities. 

Nature of Environmental movement: 

Environmental Movement in India:

• Environmental movements in India have been characterized by peaceful protests and mass-based actions against environmental degradation. 
• These movements are rooted in the need for livelihood and survival, rather than luxury, reflecting a fundamental difference from Western countries. 
• Leaders from outside the local context, such as Medha Patkar, have sometimes played a role in these movements. 
• Constitutional means, such as petitions to the court, have been used by groups like the Narmada Bachao Andolan and the Silent Valley movement. 
• Local voluntary organizations and non-governmental organizations (NGOs) are significantly involved in these environmental movements. For instance, the Kerala Sastra Sahitya Parishad (KSSP) has been active for decades in Kerala, promoting environmental awareness and opposing harmful development projects. 
• These movements express the socio-ecological impacts of development approaches that are narrowly focused on short-term exploitation. 
• Women have actively participated in environmental movements, with movements like Chipko highlighting the connection between environmental issues and women’s concerns. Women’s dependence on trees for firewood, fodder, and water has driven their involvement in these movements. 
• Trees play a crucial role in meeting women’s needs for fuel, fodder, and food, as well as in maintaining clean water sources by preventing soil erosion and silting of rivers, ponds, and lakes. 
• While these movements are localized and stem from immediate grievances, they have national significance and have raised awareness about sustainable development. 
• These movements have led to the enactment of major legislations such as the Environment Protection Act (1986), Wild Life Protection Act (1972), Forest Conservation Act (1980), and various pollution control acts. 
• The Central Pollution Control Board and its state counterparts were established in 1974 as part of these efforts. 
• India is a signatory to several international protocols, including the Cartagena, Nagoya, Montreal, and Kigali protocols. 
• The Constitution of India mandates the protection and improvement of the environment under Article 48, and the right to a safe environment is considered part of the right to life under Article 21. 
• Initiatives like the Clean India campaign have marked significant government efforts towards environmental protection.