Institutional Framework for Environmental
Management in India
It is only during the 70s that
environmentalism emerged as an organized
movement in India. And the credit for this
goes to the Stockholm Conference of 1972.
The Government of India, while preparing for
India's participation in the Stockholm
Conference, set up a National Committee on
Environmental Planning and Co-ordination.
Consisting of 14 Members picked from diverse
fields of environment management, the
Committee's main function was to advise and
recommend to the Central Government the
improvement of environment. It was entrusted
with the task of planning and coordinating
national environmental policies. The Actual
implementation of these policies was left to
the Ministries and Government agencies. Then
in January 1980, the Central Government
appointed a Committee, known as Tiwari
Committee, to recommend legislative measures
and administrative machinery for ensuring
environmental protection. A direct result of
the recommendations of the Tiwari Committee
was the birth of Department of Environment
on 1st November 1980. The Department was to
Act, both as a coordinating as well as an
administrative body. It had not only to
co-ordinate national policies for
environmental protection and management but
also to shoulder administrative
responsibilities for regulating and
monitoring environmental pollution. In 1985,
the Ministry of Environment and Forests was
created, subsuming the Department of
Environment. Since then, the Ministry of
Environment and Forests is the apex body of
the Central Government responsible for the
planning, promotion and coordination of
environmental and forestry programme. At the
State level, environmental Boards were set
up at the behest of the National Committee
on Environmental Planning and Coordination.
These Boards were subsequently converted
into environmental Departments. Yet another
class of institutions for environmental
management is the Central and State
Pollution Control Boards. These Boards were
first established under The Water Act of
1974, to implement the provisions of the
Water Act, when they were known as the
Central/State Water Pollution Control
Board(s). With the enactment of the Air Act
in 1981, these Boards had also to monitor
air pollution along with water pollution.
They were, therefore, re-named as
Central/State Pollution Control Board(s).
The State Boards implement and enforce the
pollution control laws. They lay down
standards of pollution as well as make
consent orders for discharging sewage or
trade effluent into the water and air. They
enjoy the powers of closure and stoppage of
supply of electricity and water to the
offending industry. They can also initiate
litigation by filing a complaint in the
Court. But they cannot punish the violators
of environment.
Legal Framework for Environmental Protection
in India
Ancient Indians worshipped nature. Their
love and profound respect for environment
finds expression in ancient Indian
literature. The Vedas are replete with hymns
in praise of nature: "I worship the Lord of
Air and Water...I worship these again and
again". Few know that world's first recorded
conservation measures, especially for
wildlife, were enacted in India around 2300
years ago. Emperor Asoka's stone edicts on
protection of birds and animals survive even
to this day. Environmental statutes in
modern India date back to mid-nineteenth
century. Some of these laws deal with
natural resources such as the forests and
others cover water and air pollution.
Forest Laws
The Forest Acts of 1865 and 1878 were pieces
of colonial legislation. Both the Acts
restricted the access of the tribal
communities to forest resources and gave
exclusive ownership and control over the
forests to the colonial masters. In 1927,
The Forest Act was passed, repealing the
Forest Acts of 1865 and 1878. The Forest Act
of 1927 too vests the ownership and control
over forest resources in the Government and
not in the village communities. The Act
empowers the Government to notify any
forestland or wasteland as 'reserved
forests' and certain forests and trees as 'protected'. Further, the Government can
prohibit the breaking up of land for
cultivation, pasturing of cattle or clearing
of vegetation. Though the Act purported to
prevent deforestation, in reality it led to
further degradation of environment, as it
advanced the cause of forest-based
industries.
The rapid drift towards deforestation during
the Second World War and the post-
independence developmental Activities
further aggravated environmental
degradation. So, in 1952, the national
policy laid down that one third of the total
geographical area in India should be brought
under tree cover. Pursuant to the Stockholm
Conference in 1972, which adopted that
natural resources, including forests, should
be safeguarded, the subject of forests was
deleted from the State list and included in
the Concurrent List by the Constitutional
(42nd Amendment) Act of 1976. To arrest
ecological imbalance and to provide for the
conservation of forests by checking
indiscriminate diversion of forestlands for
non-forest purposes, The Forest
(Conservation) Act of 1980 was passed by
Indian Parliament, increasing the control of
the Central Government over the forest
resources. This Act makes it necessary for
the State Governments to seek prior approval
of the Central Government for de-reserving
forests, using forestlands for non-forest
purposes or leasing of forestlands. In 1988,
pursuant to IX World Forestry Conference,
the Indian Government amended the Forest
(Conservation) Act of 1980 and also
formulated a 22 Vedas literally means
'knowledge'. They are the first records of
the ancient Indians on history, law,
economics, religion, philosophy, ethics,
environment, aesthetics and other subjects.
There are yet other laws that deal with
wildlife protection such as The Elephants'
Preservation Act of 1879; and The Wild Birds
and Animals Protection Act of 1912.
The objective of the new Forest Policy is to
preserve forests as a national resource and
to put them to their best use. It envisages
social forestry with the help of
forest-dwellers and local communities.
Laws preventing water pollution
In pre-independent India, several statutes
were enacted to solve the problem of water
pollution. The earliest statute addressing
water pollution was The Shore Nuisance
(Bombay and Kolaba) Act, 1853. This was
followed by The Orient Gas Company Act 1857,
The Serais Act of 1867, The Indian Penal
Code 1872, The Northern Indian Canal and
Drainage Act 1873, The Obstruction in
Fairways Act 1881, The Indian Ports Act 1908
and The Indian Steam Vessels Act. After
independence in 1947, laws such as The River
Boards Act 1956 and The Merchant Shipping
Act 1958 were enacted. These laws were found
practically ineffective in preventing water
pollution because they merely touched one or
the other aspect of water pollution. After
the Stockholm Conference, Indian Parliament
passed The Water (Prevention and Control of
Pollution) Act, 1974, to prevent and control
water pollution and to maintain and restore
the wholesomeness of water. As Stated
earlier, 'water' being a State subject, the
State legislatures could have enacted their
own laws. But the Water Act is a Central
Law. It is a classical example of voluntary
surrender of legislative power to Central
Government by the State Governments. The Act
is a typical command-and-control
legislation, comprising a set of "dos" and
"don'ts" that are backed by fines and
imprisonment. The Act prohibits the
discharge of pollutants into water bodies
beyond a given standard, and lays down
penalties for non-compliances. The
responsibility for the enforcement of the
Act lies primarily with the State Pollution
Control Boards. The Central Pollution
Control Board, on the other hand has the
mandate to advise the Central Government,
co-ordinate the Activities of the State
Pollution Control Boards, and to provide
them with technical assistance. The Central
Pollution Control Board therefore has no
real regulatory powers. In other words,
while emission/effluent standards are set at
the national level, the responsibility for
monitoring and enforcement rests with the
State Governments. But, from the view point
of environmental federalism, the 1988
amendment of the Water Act is quite
significant in the sense that it increases
the power of the Central Board vis a vis the
State Boards. After the amendment the
Central Government is empowered to decide
that a State Board has failed to comply with
the directions of the Central Board and that
the functions and powers of the State Board
to be taken over by the Central Board. The
Water Act does not provide for the funding
of the Pollution Control Boards despite the
innumerable functions they have to
discharge. Hence, The Water (Prevention and
Control of Pollution) Cess Act of 1977 was
enacted to enable the Boards to meet their
expenses.
Laws preventing air pollution
The earliest State enactments controlling
air pollution by smoke are The Bengal Smoke
Nuisance Act 1905, The Bombay Smoke Nuisance
Act 1912 and The Gujarat Smoke Nuisance Act
1963. These State enactments were enacted to
abate the nuisance arising from excessive
smoke from furnaces in cities. The Indian
Boiler Act 1923 and The Factories Act 1948
contain some provisions regulating air
pollution within the factory. Then in 1981,
closely following on the heels of the Water
Act, came The Air (Prevention and Control of
Pollution) Act. In 1987, the Air Act was
amended to bring its provisions on par with
The Environment (Protection) Act of 1986.
The provisions of The Air Act are similar to
The Water Act. The functions and the
enforcement powers of the State Pollution
Control Boards are also similar to those
under the Water Act. Under this Act all
industries, new as well as old, have to
obtain consent orders from the State Boards
to operate within air pollution control
areas, delineated by the Boards. In
practice, all States in India have declared
themselves entirely as air pollution control
areas. Thus, the whole country is de facto a
pollution control area.
The Environment (Protection) Act, 1986
The Water and the Air Acts are piecemeal
legislations. Their approach to environment
is sectoral, as they focus on only one
specific type of pollution. Though they were
consistent with the limited objectives of
their times, they failed to regard
environment as a whole. The need for a
general legislation for environmental
protection, therefore, led to the enactment
of The Environment (Protection) Act, 1986.
While this Act provides the Central
Government with greater powers to set
environmental as well as effluent and
emission standards, the enforcement powers
have been delegated entirely to the States.
Rule 3(2) of The Environment (Protection)
Rules tilts the balance firmly towards the
centre. It clearly specifies that the States
can have more but not less stringent
standards than the centre.
The Public Liability Insurance Act, 1991
As a response to the Bhopal gas tragedy, the
worst industrial disaster in the world,
Indian Parliament enacted The Public
Liability Insurance Act, 1991. This Act
makes mandatory for all hazardous chemical
industries to ensure themselves so as to
provide immediate relief to persons, when
affected by accidents occurring while
handling hazardous substances exceeding the
quantity specified in the Act. It also
provides for the establishment of an
environment relief fund.
The National Environmental Tribunal Act,
1995
Pursuant to The Rio Summit of 1992, Indian
Parliament passed The National Environmental
Tribunal Act, 1995. This Act provides for
strict liability for damages arising out of
accidents occurring while handling hazardous
substances exceeding the quantity specified
under The Public Liability Insurance Act,
1991. It prescribes stringent penal
provisions (fines and imprisonment) for
abuse of environment. It also provides for
the establishment of a national environment
tribunal for expeditious and effective
disposal of cases arising from such
accidents.
International Framework for Environmental
Regulation
Environment is immune to political
boundaries. This is because of the inherent
global nature of environment itself. Our
planet is one. Our globe is one. All nations
are just components of it. Often environment
problems, with essentially local impact,
have global implications as to qualify for
international concern. Thus, although social
and economic development is essentially a
national issue, its advancement can be a
global concern. Further, environmental
disasters are not local in their
consequences. The sulphur emissions from the
American steel mills come down in the form
of acid rains destroying the Canadian
forests. The toxic industrial effluents
discharged into the Rhine by the chemical
units in Switzerland poison the drinking
water in Holland. The radioactive waste in
the Ukraine contaminates the vegetables in
Sweden. Power stations in England and
Germany pollute the Norwegian lakes and
trees. Tree felling in Nepal leads to
flooding in Bangladesh. The Chernobyl blast
made undrinkable the milk of the cows in
Scotland. And the CFC emissions in the north
cause skin cancer in the southern
hemisphere. International concern for
environment dates back to the 19th century.
In the 20th century, after the Second World
War, environmental concerns appeared on the
agenda of a wide variety of international
organizations. There were landmark
international efforts to protect birds,
fish, wildlife and wetlands; to prevent
pollution of sea by oil; to ban testing of
all kinds of weaponry; dumping of nuclear
waste in Antarctic etc. These categories
reflect a broadening of the environmental
agenda from purely national issues, where
single State jurisdiction was apparent, to
concerns for the wilderness and wildlife,
high seas and nuclear pollution, which are
outside the ambit of national jurisdiction
and which affect the mother earth as a
whole. The future of the earth depends on
adopting a model of sustainable development
and this was enunciated in Agenda 21 of the
Earth Summit in 1992. Protection of ecology,
on which depends the survival of mankind, is
therefore a common task...