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Cheat Sheet: Contemporary Issues and Emerging Trends
1. Climate Change and Environmental Law
1.1 International Framework
| Convention/Protocol | Key Features |
|---|---|
| UNFCCC, 1992 | Framework convention establishing principles for climate action; Rio Earth Summit outcome; entered into force 1994 |
| Kyoto Protocol, 1997 | Binding emission reduction targets for developed countries; flexibility mechanisms (CDM, JI, ET); first commitment period 2008-2012 |
| Paris Agreement, 2015 | Legally binding treaty; limit global warming to 2°C (preferably 1.5°C); NDCs mechanism; entered into force 2016 |
| Glasgow Climate Pact, 2021 | COP26 outcome; phase-down of coal power; enhanced NDCs; Loss and Damage discussions |
| Sharm el-Sheikh, 2022 | COP27 outcome; Loss and Damage Fund established; emphasis on adaptation finance |
1.2 Indian Legal Framework
- National Action Plan on Climate Change (NAPCC), 2008: Eight national missions including solar, energy efficiency, sustainable habitat, water, Himalayan ecosystem, forestry, agriculture, strategic knowledge
- State Action Plans on Climate Change (SAPCC): State-level implementation of climate strategies
- Energy Conservation Act, 2001: Amended 2010 to include PAT scheme; energy efficiency standards
- National Green Tribunal Act, 2010: Section 15 includes climate change within environmental questions
- Electricity Act, 2003: Section 86(1)(e) promotes renewable energy and co-generation
- Net-Zero Target by 2070: Announced at COP26, Glasgow
- Panchamrit Strategy: Five nectar elements of climate action - 500 GW non-fossil capacity by 2030, 50% energy from renewables, reduce emissions by 1 billion tonnes, reduce carbon intensity by 45%, net-zero by 2070
1.3 Key Principles
| Principle | Application |
|---|---|
| Common But Differentiated Responsibilities (CBDR) | Developed nations bear greater responsibility; historical emissions accountability; different obligations based on capacity |
| Intergenerational Equity | Present generation's obligation to preserve environment for future generations; climate justice component |
| Precautionary Principle | Action required despite scientific uncertainty; preventive measures for irreversible climate impacts |
| Polluter Pays Principle | Entities causing emissions bear costs of mitigation and adaptation |
1.4 Judicial Developments
- M.C. Mehta v. Union of India (1997): Right to clean environment under Article 21; precautionary and polluter pays principles
- Vellore Citizens Welfare Forum v. Union of India (1996): Sustainable development and precautionary principle applied
- Leghari v. Federation of Pakistan (2015): Pakistan Supreme Court recognized climate change as fundamental rights violation
- Urgenda Foundation v. State of Netherlands (2019): Court ordered emission reductions based on human rights obligations
- Indian Council for Enviro-Legal Action v. Union of India: Climate considerations in environmental clearances
2. Biodiversity Conservation and Access Benefit Sharing
2.1 International Legal Framework
| Convention/Protocol | Key Provisions |
|---|---|
| CBD, 1992 | Conservation of biodiversity, sustainable use, fair and equitable benefit sharing; 196 parties; entered into force 1993 |
| Nagoya Protocol, 2010 | ABS mechanism; Prior Informed Consent (PIC); Mutually Agreed Terms (MAT); entered into force 2014 |
| Cartagena Protocol, 2000 | Biosafety; regulation of living modified organisms (LMOs); precautionary approach to GMOs |
| Kunming-Montreal Framework, 2022 | 30x30 target: protect 30% land and oceans by 2030; 23 global targets; COP15 outcome |
2.2 Indian Legislation
| Act/Rule | Provisions |
|---|---|
| Biological Diversity Act, 2002 | Three-tier structure: NBA, SBBs, BMCs; regulates access to biological resources; ABS mechanism; PIC and MAT requirements |
| Biological Diversity Rules, 2004 | Operationalizes BD Act; procedures for access, benefit sharing; exemptions for collaborative research |
| Wildlife Protection Act, 1972 | Six schedules of protected species; protected areas; prohibition on hunting; Project Tiger, Project Elephant |
| Forest Conservation Act, 1980 | Central approval for diversion of forest land; compensatory afforestation; amended 2023 |
| Protection of Plant Varieties and Farmers' Rights Act, 2001 | Plant breeders' rights; farmers' rights; benefit sharing for genetic material; Sui generis system |
2.3 National Biodiversity Authority
- Established under Section 8 of Biological Diversity Act, 2002
- Headquartered in Chennai
- Functions: regulate access to biological resources, approve ABS agreements, advise government, coordinate SBBs
- Powers: grant approvals, impose conditions, levy charges, ensure equitable benefit sharing
- State Biodiversity Boards (SBBs): state-level regulation and implementation
- Biodiversity Management Committees (BMCs): local body level; documentation through People's Biodiversity Registers
2.4 Emerging Issues
- Digital Sequence Information (DSI): genetic data sharing and benefit sharing challenges
- Synthetic Biology: regulation of artificially created organisms
- Marine Biodiversity: BBNJ Treaty (Beyond National Jurisdiction), 2023
- Bioprospecting: commercialization of traditional knowledge and genetic resources
- Traditional Knowledge Protection: documentation, sui generis systems, TKDL database
3. Pollution Control and Management
3.1 Air Pollution
3.1.1 Legislative Framework
| Law | Key Provisions |
|---|---|
| Air (Prevention and Control of Pollution) Act, 1981 | Central and State Pollution Control Boards; emission standards; declaration of air pollution control areas |
| Environment (Protection) Act, 1986 | Umbrella legislation; notified air quality standards; power to issue directions |
| National Clean Air Programme (NCAP), 2019 | 20-30% reduction in PM10 and PM2.5 by 2024; 132 non-attainment cities identified |
| BS-VI Norms | Emission standards for vehicles; implemented from April 2020 |
3.1.2 National Ambient Air Quality Standards (NAAQS), 2009
- 12 pollutants prescribed: PM10, PM2.5, NO2, SO2, CO, O3, NH3, Pb, Ni, As, Benzo(a)pyrene, benzene
- Four area categories: industrial, residential, rural, ecologically sensitive
- 24-hour and annual average standards specified
3.2 Water Pollution
| Legislation | Key Features |
|---|---|
| Water (Prevention and Control of Pollution) Act, 1974 | First comprehensive water law; CPCB and SPCBs; consent mechanism; discharge standards |
| Water (Prevention and Control of Pollution) Cess Act, 1977 | Levy and collection of cess on water consumption by industries; rebate for treatment |
| National Water Policy, 2012 | Water as economic good; polluter pays; community participation; integrated water resources management |
| National River Conservation Plan | Pollution abatement in rivers; Namami Gange programme for Ganga rejuvenation |
3.3 Solid and Hazardous Waste
| Rules | Provisions |
|---|---|
| Solid Waste Management Rules, 2016 | Source segregation mandatory; waste-to-energy promotion; EPR for brand owners; user fees |
| Plastic Waste Management Rules, 2016 | Extended Producer Responsibility; ban on certain plastics; collection and recycling targets; amended 2021 for SUP ban |
| E-Waste Management Rules, 2016 | EPR regime; collection targets; deposit refund scheme; channelizers; Producer Responsibility Organizations |
| Hazardous Waste Management Rules, 2016 | Classification of hazardous waste; manifest system; authorization requirements; disposal standards |
| Biomedical Waste Management Rules, 2016 | Four-color coded categories; pre-treatment; common biomedical waste treatment facilities; bar code system |
| Battery Waste Management Rules, 2022 | EPR framework; collection and recycling obligations; minimum recycled content requirements |
3.4 Recent Developments
- Single Use Plastic Ban, 2022: Prohibition on 19 SUP items with low utility and high littering potential
- Plastic Waste Management Amendment Rules, 2022: EPR targets from 2024; centralised EPR portal
- Commission for Air Quality Management Act, 2021: Statutory body for NCR and adjoining areas; overriding powers
- Graded Response Action Plan (GRAP): Stage-wise measures for Delhi-NCR based on AQI levels
4. Environmental Impact Assessment
4.1 Legal Framework
| Provision | Details |
|---|---|
| EIA Notification, 2006 | Legal basis under EPA, 1986; mandates environmental clearance for specified projects; categorization into A and B |
| Draft EIA Notification, 2020 | Proposed amendments: post facto approvals, reduced public consultation, exemptions; pending finalization |
4.2 Project Categories
| Category | Approval Authority |
|---|---|
| Category A | Central government (MoEFCC); projects of national importance or major environmental impact; mandatory public hearing |
| Category B1 | State/UT government (SEIAA); mandatory public consultation |
| Category B2 | State/UT government (SEIAA); no public consultation required |
4.3 EIA Process Stages
- Screening: determination of Category A or B; scoping requirements
- Scoping: identification of key issues; Terms of Reference (ToR) preparation
- Impact Assessment: preparation of EIA report; baseline data collection; impact prediction
- Public Consultation: public hearing; written responses; minimum 30 days for comments
- Appraisal: Expert Appraisal Committee (EAC) or State Expert Appraisal Committee (SEAC) review
- Decision: grant, rejection, or conditional approval; validity period specified
- Monitoring: compliance reports; periodic monitoring by regulatory authorities
4.4 Exemptions and Special Provisions
- Strategic considerations: defence and security projects with Cabinet Committee approval
- Disaster management projects
- Building construction projects below threshold limits
- Modernization projects with pollution control improvements
- Violation cases: penalty plus EC application; penalty up to Rs. 1 crore
4.5 Institutional Mechanism
- Expert Appraisal Committees (EACs): sector-specific committees under MoEFCC
- State Expert Appraisal Committees (SEACs): state-level appraisal bodies
- State Environment Impact Assessment Authorities (SEIAAs): final decision-making for Category B
- District Environment Impact Assessment Authorities (DEIAAs): proposed in Draft EIA 2020
4.6 Judicial Pronouncements
- T.N. Godavarman Thirumulpad v. Union of India: Ongoing forest conservation case; EIA compliance in forest areas
- Alembic Pharmaceuticals v. Rohit Prajapati (2020): Post facto clearances invalid; violation cases
- Common Cause v. Union of India (2017): Public consultation mandatory component
- Goa Foundation v. Union of India: Mining lease renewals require fresh environmental clearance
5. Environmental Jurisprudence and Green Tribunals
5.1 National Green Tribunal Act, 2010
| Aspect | Details |
|---|---|
| Establishment | Section 3: NGT established; Principal Bench in Delhi; 5 zones - Central, North, South, East, West |
| Composition | Chairperson (retired Supreme Court/Chief Justice); Judicial and Expert Members; minimum 10, maximum 20 members |
| Jurisdiction | Section 14: civil cases on environmental questions; seven scheduled Acts including EPA, Water Act, Air Act, Forest Act, Biodiversity Act, Public Liability Insurance Act |
| Powers | Section 15: power to grant relief, compensation, restitution; Section 16: power to provide interim relief |
| Limitation | Section 14(3): 5 years from date cause of action arose; extendable up to 60 days |
| Appeal | Section 22: appeal to Supreme Court within 90 days |
5.2 Principles Applied by NGT
| Principle | Application |
|---|---|
| Sustainable Development | Balance between development and environment; intra and intergenerational equity |
| Precautionary Principle | Burden of proof on project proponent; preventive action despite scientific uncertainty |
| Polluter Pays Principle | Environmental compensation; restoration costs; economic instruments |
| Public Trust Doctrine | State as trustee of natural resources; resources held for public benefit |
5.3 Key NGT Judgments
- M.C. Mehta v. Union of India (OA 200/2015): Rs. 25,000 - Rs. 200,000 environmental compensation for non-BS IV vehicles in Delhi-NCR
- Paryavaran Suraksha Samiti v. Union of India (2017): Ban on pet coke and furnace oil in Delhi-NCR for environmental reasons
- News Item published in "The Hindu" v. State of Tamil Nadu (Sterlite case): Closure of Sterlite copper plant for pollution violations
- Vardhaman Kaushik v. Union of India: Yamuna river pollution; directions for sewage treatment
- OA 200/2014: Prohibition on diesel vehicles over 10 years in Delhi-NCR
- Compliance orders for defaulting industrial units with environmental compensation calculations
5.4 Constitutional Provisions
| Provision | Content |
|---|---|
| Article 21 | Right to life includes right to clean environment, clean water, clean air; foundation for environmental rights |
| Article 48A (DPSP) | State duty to protect and improve environment, safeguard forests and wildlife |
| Article 51A(g) (FD) | Fundamental duty to protect and improve natural environment including forests, lakes, rivers, wildlife |
5.5 Landmark Supreme Court Cases
- M.C. Mehta v. Union of India (Oleum Gas Leak, 1987): Absolute liability; right to pollution-free environment under Article 21
- Vellore Citizens Welfare Forum v. Union of India (1996): Sustainable development, precautionary and polluter pays principles part of law
- M.C. Mehta v. Kamal Nath (1997): Public trust doctrine; Span Motels case; restoration of Beas River
- A.P. Pollution Control Board v. M.V. Nayudu (1999): Precautionary principle and burden of proof
- Indian Council for Enviro-Legal Action v. Union of India (1996): Bichhri village pollution case; polluter pays principle
- T.N. Godavarman Thirumulpad v. Union of India (1997-ongoing): Comprehensive forest conservation; broad definition of forest
- Centre for Public Interest Litigation v. Union of India (2012): Coal block allocation; environmental clearance violations
6. Sustainable Development and Green Economy
6.1 Conceptual Framework
| Concept | Definition/Features |
|---|---|
| Sustainable Development | Development meeting present needs without compromising future generations; Brundtland Report, 1987 |
| Green Economy | Low carbon, resource efficient, socially inclusive; UNEP definition; emphasis on natural capital |
| Circular Economy | Eliminate waste, circulate products and materials, regenerate nature; cradle-to-cradle approach |
| Blue Economy | Sustainable use of ocean resources; marine conservation with economic development |
6.2 International Instruments
- Agenda 21 (1992): Action plan for sustainable development; Rio Earth Summit outcome
- Millennium Development Goals (MDGs), 2000-2015: Environmental sustainability as Goal 7
- Sustainable Development Goals (SDGs), 2015-2030: 17 goals; multiple environmental targets (SDG 6-Water, 7-Energy, 11-Cities, 12-Consumption, 13-Climate, 14-Marine, 15-Terrestrial)
- 2030 Agenda for Sustainable Development: Integrated framework for economic, social, environmental dimensions
6.3 Indian Policy Framework
- India's Intended Nationally Determined Contributions (INDCs): 33-35% reduction in emissions intensity of GDP by 2030; 40% installed electric capacity from non-fossil fuels
- National Mission for Sustainable Agriculture: Climate change adaptation; soil health management
- National Mission for Sustainable Habitat: Energy efficiency in buildings; sustainable urban transport; waste management
- National Water Mission: 20% improvement in water use efficiency; augmentation of water supply
- Perform, Achieve and Trade (PAT) Scheme: Market-based mechanism for energy efficiency; Energy Saving Certificates trading
- UJALA Scheme: LED bulb distribution; energy conservation
- National Solar Mission: 100 GW solar capacity by 2022 target
6.4 Green Financing Mechanisms
| Mechanism | Features |
|---|---|
| Green Bonds | Fixed-income instruments for climate and environmental projects; SEBI guidelines, 2017 |
| Carbon Credits | Tradable certificates representing emission reduction; Clean Development Mechanism; voluntary carbon markets |
| Environmental Cess | Levies on polluting activities; Coal Cess; Plastic Cess; revenue for environmental purposes |
| Green Tax | Additional tax on older vehicles; pollution-causing activities; revenue for pollution control |
6.5 Corporate Environmental Responsibility
- Companies Act, 2013: Section 135 - 2% CSR spending; environmental sustainability as specified activity
- Business Responsibility and Sustainability Report (BRSR): Mandatory ESG disclosure for top 1000 listed companies from FY 2022-23
- Extended Producer Responsibility (EPR): Plastic, e-waste, battery waste management rules; producer obligations for collection and recycling
- Environmental Audit: Mandatory for hazardous and polluting industries; periodic compliance assessment
7. Renewable Energy and Energy Transition
7.1 Legal Framework
| Legislation | Key Provisions |
|---|---|
| Electricity Act, 2003 | Section 86(1)(e): Renewable Purchase Obligations (RPO); preferential tariffs; grid connectivity for renewables |
| Energy Conservation Act, 2001 | Bureau of Energy Efficiency (BEE); energy efficiency standards; designated consumers; amended 2022 for carbon trading |
| National Tariff Policy, 2016 | RPO targets: 10.5% solar, 10.5% non-solar by 2022; renewable energy certificates (RECs); net metering |
7.2 Policy Initiatives
- National Solar Mission (Jawaharlal Nehru National Solar Mission): 100 GW solar capacity target by 2022; grid-connected, off-grid, solar thermal
- National Wind-Solar Hybrid Policy, 2018: Optimal resource utilization; grid stability; reduced costs
- National Offshore Wind Energy Policy, 2015: Development of offshore wind farms; exclusive economic zone utilization
- PM-KUSUM Scheme: Solar pumps for farmers; grid-connected solar power plants on barren land; solarization of grid-connected pumps
- Green Hydrogen Mission, 2023: Production of 5 MMT green hydrogen by 2030; export hub development
- Production Linked Incentive (PLI) Scheme: Manufacturing incentives for solar modules; advanced chemistry cells; green hydrogen electrolysers
7.3 Renewable Energy Certificates and Targets
- REC Mechanism: Tradable certificates for renewable energy generation; compliance with RPO obligations
- Solar Park Scheme: 50 solar parks across states; ultra-mega solar power projects
- Renewable Purchase Obligation (RPO): State-wise targets for distribution companies; penalties for non-compliance
- 450 GW Target by 2030: 280 GW solar, 140 GW wind, 10 GW biomass, 5 GW small hydro
7.4 Grid Integration and Storage
- Green Energy Corridors: Transmission infrastructure for renewable energy evacuation; intra-state and inter-state
- Smart Grid Mission: Advanced metering infrastructure; distribution automation; demand response
- Battery Energy Storage Systems: Grid balancing; peak demand management; viability gap funding
- Pumped Storage Projects: Long-duration energy storage; policy guidelines 2021
7.5 Just Transition
- Coal phase-down commitments: Renewable capacity addition; reduced coal dependency
- Employment and livelihood concerns: Reskilling programs; alternative employment in coal regions
- Energy access and affordability: Universal electrification; Saubhagya Scheme; subsidies for vulnerable groups
8. Disaster Management and Environmental Risks
8.1 Legislative Framework
| Act | Provisions |
|---|---|
| Disaster Management Act, 2005 | National Disaster Management Authority (NDMA) as apex body; State and District DMAs; National Disaster Response Force (NDRF); State Disaster Response Force (SDRF) |
| National Policy on Disaster Management, 2009 | Holistic, proactive, technology-driven approach; prevention, mitigation, preparedness, response, recovery, reconstruction |
8.2 Institutional Mechanism
| Body | Function |
|---|---|
| NDMA | Policy formulation; guidelines for ministries; coordination at national level; chaired by Prime Minister |
| SDMA | State-level planning; implementation of national policies; chaired by Chief Minister |
| DDMA | District-level preparedness; local disaster response; chaired by District Collector/Magistrate |
| NDRF | 12 battalions; specialized response force; search and rescue operations |
8.3 Climate-Induced Disasters
- Floods: increased frequency and intensity; cloud bursts; urban flooding; early warning systems
- Droughts: water scarcity; agricultural impacts; National Drought Management Authority
- Cyclones: coastal vulnerability; INCOIS cyclone warnings; evacuation protocols
- Landslides: Himalayan region; Western Ghats; hazard zonation mapping
- Heat Waves: public health impacts; National Action Plan on Heat Related Illnesses; cool roof programs
- Glacial Lake Outburst Floods (GLOFs): Himalayan region; monitoring systems
8.4 Risk Reduction and Adaptation
- Sendai Framework, 2015-2030: Seven global targets; four priorities for action; disaster risk reduction
- National Cyclone Risk Mitigation Project: Coastal shelters; early warning dissemination; cyclone-resistant infrastructure
- Coastal Regulation Zone Notification, 2019: Development restrictions in coastal areas; CRZ-I to CRZ-IV categories
- Wetland Conservation Rules, 2017: Wetland authorities; wise use principles; prohibition on activities
- Island Protection Zone Notification, 2019: Andaman, Nicobar, Lakshadweep protection; zoning for activities
8.5 Early Warning Systems
- India Meteorological Department (IMD): Weather forecasting; cyclone, heat wave, cold wave warnings
- Central Water Commission (CWC): Flood forecasting; reservoir monitoring
- Indian National Centre for Ocean Information Services (INCOIS): Tsunami, storm surge warnings; ocean state forecasts
- National Disaster Warning System: Multi-hazard platform; Common Alerting Protocol
9. Urban Environmental Challenges
9.1 Air Quality Management
- Commission for Air Quality Management in NCR and Adjoining Areas Act, 2021: Statutory body with overriding powers; enforcement and coordination
- Graded Response Action Plan (GRAP): Four stages based on AQI - Stage I (Poor), Stage II (Very Poor), Stage III (Severe), Stage IV (Severe Plus); restrictions on construction, vehicles, industries
- Odd-Even Vehicle Scheme: Traffic rationing in Delhi; temporary measure during high pollution
- Vehicle Scrappage Policy, 2021: Retirement of old polluting vehicles; incentives for scrapping; fitness certificate requirements
- Stubble Burning: Agricultural residue management; bio-decomposers; in-situ management technologies; mechanization support
9.2 Waste Management
| Issue | Legal Framework/Solution |
|---|---|
| Municipal Solid Waste | SWM Rules, 2016; source segregation; processing facilities; sanitary landfills; waste-to-energy plants |
| Plastic Waste | PWM Rules, 2016 as amended; SUP ban 2022; EPR obligations; alternative materials promotion |
| Construction Debris | C&D Waste Management Rules, 2016; recycling plants; reuse in road construction and building |
| Electronic Waste | E-Waste Rules, 2016; collection targets; authorized recyclers; dismantling and refurbishing standards |
9.3 Water Supply and Sanitation
- Jal Jeevan Mission, 2019: Functional household tap connection to every rural household by 2024; 55 liters per capita per day
- Swachh Bharat Mission 2.0: ODF Plus status; grey and black water management; plastic waste management; source sustainability of water
- AMRUT (Atal Mission for Rejuvenation and Urban Transformation): Water supply, sewerage, septage management, storm water drains in 500 cities
- Namami Gange Programme: Rs. 20,000 crore project; sewage treatment plants; riverfront development; afforestation; industrial effluent monitoring
- 24x7 Water Supply: Continuous water supply in urban areas; pressure-based systems; reduced non-revenue water
9.4 Sustainable Urban Transport
- National Urban Transport Policy, 2014: Public transport priority; non-motorized transport infrastructure; integrated land use and transport planning
- Metro Rail Policy, 2017: Standardized approach; PPP models; transit-oriented development
- FAME Scheme (Faster Adoption and Manufacturing of Electric Vehicles): Demand incentives; charging infrastructure; technology development
- EV Policy: State-level policies; purchase subsidies; GST reductions; scrapping incentives
- Cycle sharing schemes; pedestrianization; dedicated bus lanes; parking restrictions
9.5 Green Buildings and Urban Planning
- Green Building Codes: Energy Conservation Building Code (ECBC); star rating system; GRIHA and LEED certifications
- Smart Cities Mission: 100 smart cities; area-based development; pan-city solutions; technology integration
- Model Building Bye-Laws, 2016: Rainwater harvesting; solar water heaters; waste segregation provisions; green cover
- Urban Greening: 33% green cover mandate; tree authority permissions; compensatory plantation; urban forests
10. International Environmental Law Developments
10.1 Recent Treaties and Agreements
| Treaty | Key Provisions |
|---|---|
| Kigali Amendment, 2016 | Amendment to Montreal Protocol; phase-down of HFCs; India ratified 2021; reduction schedule 2032-2047 |
| Minamata Convention, 2013 | Mercury reduction and control; India ratified 2018; emissions control; waste management; artisanal mining regulation |
| BBNJ Treaty, 2023 | Conservation and sustainable use of marine biodiversity beyond national jurisdiction; high seas protection |
| Basel Convention Ban Amendment | Prohibition on hazardous waste export from developed to developing countries; e-waste provisions |
| Rotterdam Convention | Prior Informed Consent for hazardous chemicals and pesticides; India party since 2005 |
| Stockholm Convention | Persistent Organic Pollutants (POPs); elimination or restriction; India party since 2006; 12 initial POPs |
10.2 Transboundary Environmental Issues
- Trail Smelter Principle: State responsibility for transboundary harm; obligation to prevent damage; no harm principle
- Indus Waters Treaty, 1960: India-Pakistan water sharing; Permanent Indus Commission; three eastern rivers (Ravi, Beas, Sutlej) to India
- Mahakali Treaty, 1996: India-Nepal; Pancheshwar Multipurpose Project; Tanakpur Barrage; equitable distribution
- Teesta Water Dispute: India-Bangladesh negotiations; West Bengal concerns; water sharing agreement pending
- Air Pollution: Transboundary haze; South Asian cooperation; Long-Range Transboundary Air Pollution issues
10.3 Global Environmental Governance
| Institution | Role |
|---|---|
| UNEP (United Nations Environment Programme) | Nairobi headquarters; environmental assessment; policy development; convening multilateral agreements |
| IPCC (Intergovernmental Panel on Climate Change) | Climate science assessment; periodic reports (AR6 released 2021-2023); policy-relevant information |
| GEF (Global Environment Facility) | Financial mechanism for environmental conventions; grants and concessional funding; India major recipient |
| Green Climate Fund | Climate finance for developing countries; adaptation and mitigation projects; $100 billion annual target |
10.4 Emerging Concepts
- Rights of Nature: Legal personhood for rivers, forests, ecosystems; Ecuador Constitution 2008; New Zealand - Te Awa Tupua Act 2017 (Whanganui River); India - Uttarakhand HC orders on Ganga, Yamuna (later stayed by SC)
- Ecocide: Proposal for international crime; ICC jurisdiction expansion; liability for mass environmental destruction
- Climate Refugees: Persons displaced by climate change; no international legal status; UNHCR guidelines; climate-induced migration
- Loss and Damage: Compensation for climate impacts beyond adaptation; COP27 Fund established; operationalization pending
- Planetary Boundaries: Framework for Earth system processes; safe operating space; nine boundaries including climate, biodiversity
10.5 Trade and Environment Interface
- WTO Agreements: General Exceptions (GATT Article XX) for environmental measures; TBT and SPS agreements
- Border Carbon Adjustments: EU Carbon Border Adjustment Mechanism (CBAM); impact on Indian exports; WTO compatibility concerns
- Environmental Standards: ISO 14001; eco-labeling; green procurement; carbon footprint declarations
- Subsidies: Fisheries subsidies agreement; fossil fuel subsidy reform; renewable energy support measures
11. Forest and Wildlife Conservation
11.1 Legal Framework
| Legislation | Key Provisions |
|---|---|
| Forest Conservation Act, 1980 | Central approval for forest diversion; compensatory afforestation; net present value; amended 2023 to expand scope |
| Forest Conservation Rules, 2022 | Operationalization of FCA amendment; definitions; procedures; exemptions |
| Wildlife Protection Act, 1972 | Six Schedules; Schedule I - highest protection; protected areas (NP, WLS, CR, CWS); hunting prohibition; WCCB |
| Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 | Individual and community forest rights; recognition of traditional rights; settlement before diversion |
11.2 Protected Area Network
- National Parks: 106 (2023); no human activity except research; highest legal protection; central government approval for boundary changes
- Wildlife Sanctuaries: 567 (2023); limited human activity allowed; state government jurisdiction
- Conservation Reserves: Buffer areas; community participation; lesser restrictions
- Community Reserves: Private/community lands; voluntary conservation; minimal legal restrictions
- Tiger Reserves: 53 (2023); core and buffer zones; relocation provisions; Project Tiger since 1973
- Biosphere Reserves: 18 (2023); UNESCO MAB Programme; core, buffer, transition zones; India has 12 in World Network
11.3 Forest Conservation Amendment Act, 2023
- Expanded definition of forest: Includes areas recorded in government records post-1980 cutoff date
- Exemptions: Security and strategic projects; infrastructure along international borders (100 km); land acquired before FCA 1980; survey operations for strategic projects
- Assigned forest lands: Brought under FCA purview; regularization provisions
- Zoos and safaris: Exemption from prior approval for diversion within zoo premises
- Deemed approval: If no decision within specified time, deemed approval granted
11.4 Compensatory Afforestation
- Compensatory Afforestation Fund Act, 2016: National and State CAMPA Funds; utilization for afforestation, regeneration, wildlife protection
- Compensatory Afforestation: Equivalent non-forest area; twice the diverted area if degraded forest
- Net Present Value (NPV): Payment for forest ecosystem services lost; rates vary by state and forest type
- Penal Compensatory Afforestation: Additional afforestation for unauthorized diversions
11.5 Species-Specific Programs
- Project Tiger: 1973; National Tiger Conservation Authority; site-specific management plans; relocation protocol
- Project Elephant: 1992; 33 elephant reserves; human-elephant conflict mitigation; habitat conservation
- Project Leopard: Integrated approach; conflict management; corridor conservation
- Crocodile Conservation Project: Gharial and saltwater crocodile breeding programs
- Vulture Conservation: Breeding centers; diclofenac ban; vulture-safe zones
- Recovery programs: Great Indian Bustard, Snow Leopard, Red Panda, Nilgiri Tahr, Hangul
11.6 Human-Wildlife Conflict
- Ex-gratia payments: State-specific compensation schemes for crop damage, property loss, injury, death
- Mitigation measures: Solar fencing; early warning systems; insurance schemes; bio-fencing
- Corridor conservation: Wildlife movement passages; road underpasses/overpasses; habitat connectivity
- Problem animal management: Capture and translocation protocols; conflict-prone area identification
11.7 International Commitments
- CITES (Convention on International Trade in Endangered Species): Appendix I, II, III listing; trade restrictions; India party since 1976
- Ramsar Convention: Wetlands of International Importance; India has 75 Ramsar Sites (2023); wise use principle
- World Heritage Convention: Natural heritage sites; India has 7 natural sites including Kaziranga, Manas, Sundarbans
- Bonn Convention (CMS): Conservation of Migratory Species; India signatory to raptors, dugongs, marine turtles MOUs
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