Environmental protection laws and policies in India
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Environmental protection laws and policies in India

byRavi KishanPosted at

 Contents

  1. Introduction
  2. The water (prevention and control of pollution) act 1974 
  3. The Air (Prevention and Control of Pollution) Act 1981
  4. Pollution Control Boards
  5. The Bhopal gas disaster
  6. The Environment (Protection) Act (1986)
  7. Environment Impact Assessment

Introduction

India's constitution mandates the preservation and improvement of the environment. It represents a nation's adherence to welfare state ideals. In the Directive Principles of the State Policy and Fundamental Duties chapters of the Indian Constitution, there are particular provisions for environmental protection. To ensure that the environment's quality is maintained, several laws have been passed. India participated in the United Nations Conference on the Human Environment in Stockholm in June 1972, where decisions were made regarding the need to take appropriate action in order to protect the planet's natural resources, including the preservation of the quality of the air and water and the reduction of pollution. The rules that govern environmental protection in India will be briefly discussed.

The water (prevention and control of pollution) act 1974 

Our world is entirely made up of water. Water is a transparent, flavourless, and colourless liquid material. When water is contaminated and polluted, these properties are lost. It consequently loses its suitability for utilisation. In other words, although while water is a necessity for human life, it is only helpful when it is clean and does not harm human, animal, or aquatic life.

By establishing Central and State Pollution Control Boards to oversee and implement the rules, the Water (Prevention and Control of Pollution) Act of 1974 attempts to prevent and control water pollution and to maintain/restore the wholesomeness of water. This Act was created by the government in 1974 to guard against the contamination of our water sources by industrial, agricultural, and home wastes. The purpose of the Act is to identify pollution levels and penalise polluters. Serious health risks are posed by polluted waste water that enters wetlands, rivers, lakes, wells, and the ocean. One method of preventing pollution by punishing the polluter is to control the point sources by keeping an eye on the concentrations of various contaminants. When residents see a potential source of pollution, it is also their duty to report it to the appropriate authority.

Using biodegradable chemicals for household purposes, reducing the use of pesticides in gardens, and identifying polluting sources at work and in industrial settings where oil or other petroleum products and heavy metals are used are just a few ways individuals can take action to reduce water pollution. Our water can be contaminated by excessive organic matter, silt, and infectious organisms from hospital waste. As a result, residents must create environmental watchdog groups that alert authorities and urge them to take proper action against various forms of water pollution. A polluter is accountable for their acts. But preventing pollution is preferable to treating the issues it has caused or penalising offenders.

The Air (Prevention and Control of Pollution) Act 1981

Any solid, liquid, or gaseous substance that is present in the atmosphere at a concentration that has the potential to harm people, other living things, plants, property, or the environment is considered an air pollutant. This includes noise. This Act was passed by the government in 1981 in an effort to reduce pollution and improve air quality. This Act's goal is to make provisions for the prevention, control, and mitigation of air pollution. There is a limit on how much lead, carbon monoxide, sulphur dioxide, nitrogen oxide, volatile organic compounds (VOCs), particulate matter, and other harmful substances can be released by sources of air pollution like industry, automobiles, power plants, etc. Pollution Control Boards (PCBs) test the air to determine the amount of pollution present in the environment and at specific sources. This is expressed as milligrammes, micrograms, or parts per million per cubic metre. Air sampling equipment is used to measure the gases and particulate matter that are released by industry, as well as by automobiles, buses, and two-wheelers.

However, the most important factor in pollution prevention is for people to understand the risks associated with it and lessen their own capacity to be polluters by making sure that their own vehicles or the industry they work in do not release more pollution than is allowed. In heavily industrialised, urbanised, and densely populated places, air pollution is more severe. The Pollution Control Boards established in each State keep an eye out for the existence of pollution above a specific threshold caused by various pollutants released by industrial emissions.

Pollution Control Boards

Pollution Control Boards have been established by the federal and state governments to keep an eye on pollution. The PCBs now have the authority they require to address the nation's issues with air and water pollution. For violations of the Acts' provisions, penalties are advised. To help the Boards determine the level of water contamination and compliance with established standards, central and state water testing facilities have been established. These techniques provide accountability and aid in the detection of defaulters. With regard to anything involving the prevention and management of water pollution, the Central Board has the authority to provide advice to the Central Government. The Board arbitrates conflicts and plans the State Boards' actions. The Central Board arranges training for those involved in the process and can offer State Boards technical help and instructions for conducting inquiries and research into water contamination. The Board publishes information on water contamination as well as coordinates a thorough media campaign to raise awareness of the issue. In collaboration with the State Boards, the Board establishes or adjusts the requirements for waste disposal.

In India, the Department of Environment was founded in 1980. In 1985, this was renamed the Ministry of Environment and Forests, and as of right now, its name is the Ministry of Environment, Forests and Climate Change. Governmental goals were admirable. However, one of the worst disasters, a man-made calamity that occurred in central India, exposed the inadequateness of pollution control legislation and accompanying infrastructure.

The Bhopal gas disaster

Union Carbide Corporation (UCC) constructed a plant in Bhopal, Madhya Pradesh, in the 1970s to produce the herbicide Sevin. Hazardous chemicals needed to be stored on the company's property due to the manufacturing process. Due to declining profitability, the firm chose to close the plant in 1984. The facility carried on using procedures and safety equipment that did not fulfil the minimum requirements during this time. A plant operator discovered a minor methyl isocyanate (MIC) gas leak and rising pressure within a storage tank on December 2, 1984, at 11:00 PM, while the majority of Bhopal's one million population were asleep. On December 3, at roughly 1:00 AM, a safety valve malfunctioned and released a plume of MIC gas into the nighttime hours. Within a short period of time, human corpses, as well as the remains of buffalo, cows, dogs, and birds, were all over the streets of Bhopal. 3,800 people are thought to have perished instantly, the most of them in the slum community next to the UCC facility. Medical facilities lacked the resources and capabilities to handle a catastrophe of this magnitude. According to official estimates, 500,000 persons were exposed to the gas. Thousands of people succumbed to various ailments and early deaths in the following few years as a result of exposure. Babies are born with physical and mental impairments. It earned a reputation as one of the worst chemical accidents in history.

Union Carbide made an effort to escape liability for the harm. To fairly compensate the victims, the laws and policies of the day were essentially ineffectual. The government was also widely blamed for failing to enact regulations that effectively prevented pollution and held polluters accountable. Heavy metals and other harmful compounds kept seeping from the factory and into the nearby aquifers. Numerous thousand victims were never fairly paid since the firm was able to escape its obligations.

The Environment (Protection) Act (1986)

Following the events of December 3, 1984, India saw a huge rise in environmental movement and awareness. The Environment Protection Act, which was passed in 1986, is regarded as a general piece of legislation because it aims to close various legal loopholes in the laws already in place covering air, water, forests, etc. The MoEF was granted overall control for the new act's administration and enforcement of environmental rules and regulations. It emphasised the significance of including environmental protection measures in all national industrial growth plans. Although the government has made more of an effort to safeguard the public's health, forests, and wildlife, in the last 20 years economic development plans have trumped environmental protection.

The Environment Protection Act is a significant piece of legislation that
  • Coordination of multiple regulatory authorities' actions,
  • Creation of authorities with sufficient authority to safeguard the environment,
  • Regulation of hazardous material handling, environmental pollution discharge, etc.
The Act also offered a chance to give non-forest environments (sometimes known as "Ecologically Sensitive Areas") legal protection, including grasslands, marshes, and coastal areas. The Act's main goals are to protect the environment and make it better. Article 48A of the EPA states that the State must safeguard the nation's woods and wildlife as well as maintain and promote the environment. Every citizen is required to conserve the environment by section 51(A). Every part of India, including J&K, is covered by the EPA.

Terminology used in the Act

The term "environment" refers to the interrelationships between humans, other living things, plants, microorganisms, and property as well as the water, air, and land components of the environment.

Any solid, liquid, or gaseous substance that is present in sufficient quantity and has the potential to harm the environment or humans is referred to as a "environmental pollutant."

Any material or preparation that poses a risk to humans or other living things due to its chemical or physico-chemical qualities is referred to as a "hazardous substance."

Unbalance in the ecosystem is referred to as "environmental pollution." When materials or substances are mixed with air, water, or land, their qualities change in such a way that using any of the air, water, or land for human beings or other living things becomes fatal and unhealthy.

The Act vests the Central Government with certain powers:
  • To make rules to regulate environmental pollution; 
  • To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes.
Hazardous Wastes (Management and Handling) Rules (1989), created by the Central Government under the Environment (Protection) Rules (1986), ensure that wastes are managed and disposed of appropriately without causing any harm. A special court called the National Green Tribunal (NGT) was established to handle environmental issues.

Environment Impact Assessment

Environment Impact Assessment, also known as EIA, is the process of determining how proposed projects and activities would affect the environment. EIA is a tool for making decisions that examines several project alternatives in order to find the one that best balances the costs and benefits on the economic and environmental fronts.

Under the Environmental (Protection) Act of 1986, the Union Ministry of Environment and Forests (MEF), Government of India, published an EIA notification on January 27, 1994, requiring environmental clearance (EC) before expanding or modernising any activity or initiating new projects that may pose a risk. Twelve changes have been made to the 1994 EIA notification since then. In September 2006, the MoEF just notified EIA legislation. In accordance with the notification, environmental approval is now required for a number of projects, including those involving mining, thermal power plants, river valleys, infrastructure (roads, highways, ports, harbours, and airports), and industries like very small electroplating or foundry units. The state government is now responsible for approving projects, based on the size and capacity of the project, unlike the EIA Notification of 1994.

What EIA does

Both the positive and negative effects of the project are methodically examined by the EIA, which makes sure that these effects are taken into account throughout project design. It aids in identifying potential environmental effects of the project under consideration, suggests ways to lessen negative effects, and forecasts whether there will be major negative environmental effects even after mitigation measures are put in place.

Environmental assessment offers various advantages, including protecting the environment, maximising resource utilisation, and reducing project time and expense by taking into account the environmental effects of the project and their mitigation early on in the project planning cycle. A By encouraging community involvement, educating decision-makers, and assisting in the establishment of environmentally healthy projects, an EIA that has been properly completed also lowers conflicts. Construction, operations, decommissioning, and beyond-site closure are just a few of the stages of a project where integrating EIA has been proven to be beneficial. The EIA process often starts with screening to make sure that time and resources are focused on the proposals that matter to the environment and ends with some kind of follow-up on the implementation of the choices and actions taken as a result of an EIA report.

Below is a summary of the eight steps of the EIA process:
    1. Screening:The screening phase of an EIA establishes if the project under consideration needs an EIA and, if so, what level of assessment is necessary.
    2. Scoping: This phase identifies the main concerns and effects that need more research. Additionally, the scope and duration of the study are established at this step.
    3. Impact analysis: This EIA stage identifies, forecasts, and evaluates the significance of the proposed project's anticipated environmental and social impacts.
    4. Mitigation: This step makes recommendations for how to lessen and steer clear of any unfavourable environmental effects that could result from development activities.
    5. Reporting: This stage informs the decision-making body and other interested parties of the EIA's findings in the form of a report.
    6. Review of EIA: It assesses the suitability and efficacy of the EIA report and offers the data required for making decisions.
    7. Making decisions: It chooses whether to accept, reject, or modify the project further.
    8. Post-monitoring: After the project is commissioned, this phase is activated. It verifies that the project's effects don't go above the legal limits and that the mitigation measures are put in place in the way that the EIA report specifies.
    Numerous projects have been designated by the Ministry of Environment and Forests (MoEF) as requiring environmental approval. What effect it might have on water, soil, and air must be specified in the EIA. Additionally, it calls for the documentation of a list of the region's identified flora and fauna as well as a mention of any endangered species whose habitat or way of life may be negatively impacted. The majority of development initiatives, including businesses, roads, railroads, and dams, may have an impact on local residents' life. The EIA needs to address this. The MoEF lists 30 different industries that need authorization before they can be established. Each sort of industry has different effects, and the suggested sites' vulnerability to those effects varies as well. Certain regions are more delicate than others. Some have distinctive ecologies. Others serve as wildlife habitats, and some may house critically endangered plant or animal species. Prior to the approval of a development project or an industrial site, each of these factors must be evaluated.

    There may be brand-new projects or planned expansions for already-existing ones. When no development has been done, new projects are referred to as "green field projects." Existing projects that need to be expanded must also apply for clearance. They are referred to as "brown field projects." Projects can be grouped into those that will have a little, moderate, or major impact. Some might have short-term, significant effects, as during the construction process, which might later become less harmful or be lessened by a number of strategies. Other times, the effects could last longer or even get worse, such as when toxic solid waste is continuously produced. While some initiatives may result in short-term, repairable harm, others may have long-term, permanent effects. The project's proposer is anticipated to submit an application to the State Pollution Control Board in order to obtain an environmental clearance. The PCB verifies and declares that the EIA can start. The Agency that conducts the assessment provides the proposer with a Report. It might take a while.

    A Report of the Environmental Statement is sent to the MoEF, which is in charge of conducting impact assessments. The MoEF has required local governments to hold public hearings since 1997. The hearing will be advertised by the Pollution Control Board in the neighbourhood press. The public may also read an Environmental Impact Statement, which is an Executive Summary of the EIA. It is announced where and when the public hearing will take place. The MoEF is handed the meeting minutes once the hearing has concluded and both pro and con arguments have been made. Despite this, it is clear from many instances that the voices of those affected by the initiative are not being heard. NGOs and other charitable organisations have occasionally taken up the cause of the local populace. Our education system must include environmental education. Public hearings will continue to be ineffective ways for the community to participate in decision-making until it becomes a regular component of public debate. There is evidence that many EIAs are prejudiced and poorly researched since the project's proposer pays for them. While the majority of EIAs are sufficient for studies on the potential for soil, water, and air pollution, they typically deal insufficiently with concerns like biodiversity preservation and the socioeconomic problems that may result from future environmental consequences. Concerns about biodiversity are frequently only superficially addressed and typically take the form of a list of species without population estimates, a census of the wildlife, or an analysis of the ecosystem as a whole.

    Whole communities of living things are impacted by modifications to land use patterns. Due to the difficulty of quantifying such difficulties, this is rarely taken into consideration. Additionally, concerns about the equity of resources, which are inexorably changed by projects related to development, are not properly addressed. Environmental assessments need to take these issues more seriously, and the general public needs to be aware of and understand these shortcomings. The quality and integrity of the EIA are more important than just stating that one has been completed.

    Not all forms of development are meant to be halted by an EIA. The location of an industry can be carefully chosen, and if it is likely to harm a delicate area, an other, less sensitive area must be chosen. In some instances, it can be necessary to completely abandon initiatives if the effects are likely to be particularly severe. In other instances, it is required for the project to mitigate the negative effects on the environment in order to balance out its effects. This entails covering the cost of the project by afforestation or the establishment of a Protected Area in the neighbourhood to make up for the environmental harm.

    After the project is operational, wildlife management plans are created to ensure its control and protection. A major concern is the rehabilitation and resettlement of project-affected individuals, which requires enough funding and should only be carried out with the explicit permission of the local populace. In many cases, it may be best to completely forgo resettlement. The cost of compensatory afforestation and other preventive measures must be factored into project expenses if an area's vegetation is being harmed.

    The extensive approach taken to the issue and the resources developed to ensure environmental protection have earned India's environmental legislation recognition. However, due to competing interests in environmental preservation and economic development, their implementation has run into numerous issues.
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