UNIT-I
PGDEM-06
GLOBAL ENVIRONMENTAL ISSUES-I
Prof. C.P. Kaushik
STRUCTURE
1.0 OBJECTIVES
1.1 INTRODUCTION
1.2.1 GLOBAL ENVIRONMENTAL PROBLEMS
1.2.1.1 Resource acquisition and use
1.2.1.2 Population Growth
1.2.1.3 Soil Erosion and Topsoil loss
1.2.1.4 Desertification
1.2.1.5 Diminishing Water Supplies
1.2.1.6 Deforestation
1.2.1.7 Wet Land and Coral Reef Destruction
1.2.1.8 Loss of Biodiversity
1.2.1.9 Global Warming
1.2.1.10 Ozone Depletion
1.2.1.11 Acid Deposition
1.2.2 OZONE LAYER DEPLETION
1.2.2.1 Thinning of Ozone Layer
1.2.2.2 Mechanism of Ozone Depletion
1.2.2.3 Effects of Ozone Depletion
1.2.2.4 The Montreal Protocol
1.2.3 GREEN HOUSE EFFECT AND GLOBAL WARMING
1.2.3.1 Greenhouse Effect
1.2.3.2 Greenhouse Gases
1.2.3.2.1 Carbon dioxide
1.2.3.2.2 Chlorofluorocarbons (CFCs)
1.2.3.2.3 Methane (CH4)
1.2.3.2.4 Nitrous Oxide (N20)
1.2.3.3 Impacts of enhanced greenhouse effect
1.2.3.3.1 Global temperature increase
1.2.3.3.2 Climatic Changes
1.2.3.3.3 Rise in Sea Level
1.2.3.3.4 Effects on Human Health
1.2.3.3.5 Effects on Agriculture
1.2.3.4 Measures to check global warming
1.3 SUMMARY
1.4 KEY WORDS
1.5 SELF ASSESSMENT QUESTIONS
1.6 SUGGESTED READINGS
1
1.0
OBJECTIVES
After studying the unit, you should be able to :
•
Know about various environmental problems.
•
Know about the problems of soil, water, atmosphere, forests and
biodiversity.
•
Understand
the
importance
of
stratospheric
ozone
layer,
mechanism and effects of ozone depletion.
•
Know about the measures to check ozone depletion and global
warming.
1.1 INTRODUCTION
Unlike many other species which exist on this planet and are
inhabiting a limited region, humans can survive in a large part of the
biosphere. Humans have made the inhospitable environments also
conducive
for
survival
using
the
scientific
and
technological
innovations.
Expansion of the human activity, higher standards of living and
resource intensive form of agriculture and industry have resulted in
many environmental problems some of which have attained global
proportions. The major global environmental problems are being
discussed here in details.
1.2.1 GLOBAL ENVIRONMENTAL PROBLEMS
1.2.1.1 Resource acquisition and use
Agricultural revolution resulted in gradual shift from a subsistence
way of life to increasingly large scale farming. The second major shift
was the industrial revolution which started in Great Britain in the late
18th century. The resource acquisition methods employed in various
human activities often exert significant, even deleterious effects on
biotic and a biotic components of the environment.
2
1.2.1.2 Population Growth
Exponential growth of human population feared to touch 10 billion by
the year 2030 has resulted in a global rise in resource demand and
consequent pollution and destruction of the environment.
1.2.1.3 Soil Erosion and Topsoil loss
Soil erosion due to wind and rain in which fine particles are taken off
from the soil decreases the earth's carrying capacity, destroys the
habitats on which other species depend. Sediments from land-fills
streams and reservoirs have numerous adverse effects on aquatic
system.
1.2.1.4 Desertification
Semi-arid region with an annual rainfall of only 250 to 500 mm,
under severe environment of stress can be transformed into deserts.
The change can occur due to natural or human-induced climate
change, or by overgrazing by livestock in the fields with sparse
moisture and nutrients.
1.2.1.5 Diminishing Water Supplies
Water problem is being faced by many countries at present, due to
inefficient use of water, over-population or drought or combination of
these factors. Increasing human population, inefficient use of water in
homes, factories and in agriculture have resulted in waste of fresh
water.
1.2.1.6 Deforestation
Indiscriminate clear cutting may result in loss of plant and animal
species. This is due to loss of major habitats and erosion of billions of
acres of topsoil and protective forest cover. Deforestation may be
responsible for 30% of worldwide soil damage. Erosion in watershed
areas may cause silt deposition in adjacent water bodies, damage
3
aquatic
ecosystems
and
promote
floods,
raise
atmospheric
concentration of CO2 and also may result in shortage of wood for
cooking and heating in developing nations.
1.2.1.7 Wet Land and Coral Reef Destruction
Periodically or permanently flood areas (the wetlands) form an
important habitat for a variety of plants, fish, mammals etc. Wetlands
help to regulate the flow and reduce sedimentation in streams, absorb
pollutants and serve as a protective barrier against storms.
Coal reefs, a rich source of biodiversity exists in warm oceans.
Pollution from coastal cities particularly sedimentation resulting from
construction activities is the major source of damage to the reefs.
1.2.1.8 Loss of Biodiversity
Rain forests, wetlands and coral reefs constitute three of the world's
richest ecosystems. Recent estimates suggest that 40 to 100 species of
plants, animals and microorganisms, become extinct each day. In
addition 25000 plant species or about one out of every ten that have
been catalogued may be threatened with extinction and by one
estimate, three fourth of the world's bird species are declining in
number or threatened with extinction. More than two thirds of the
world's
approximately
ISO
species
of
primates
are
similarly
threatened. Reduced biodiversity has a direct bearing on human food
supplies e.g. extinction of fish species. Extinction of medicinally
valuable plant species and ancient plant species which could be used
for improvement of domesticated crops.
1.2.1.9 Global Warming
Increase in green house gases namely carbon dioxide, water vapours,
nitrous oxide, methane, chlorofluorocarbons are causing enhanced
greenhouse effect. At present rate of increase in greenhouse gases
4
global temperature could rise from 2°C to 5°C by 2040. Increase in
global temperature will change normal air circulation, rainwater
pattern, soil moisture, melting of glaciers, rise in sea level, flooding of
low lying areas, massive die-off of forests, destruction of habitat of
plant and animal species, increase in vector-borne diseases and plantpests.
1.2.1.10 Ozone Depletion
Ozone in the stratosphere acts as an umbrella which filters harmful
UV-radiations from the sun and prevents them from reaching the
earth. Large scale use of chlorofluorocarbons is causing thinning of
stratospheric ozone cover. This thinning is "ozone hole" which may
allow UV radiations to reach earth. It may result in increase in skin
cancer, cataract cases, immuno-suppression, killing of phytoplankton
and crops.
1.2.1.11 Acid Deposition
Atmospheric oxides of sulphur and nitrogen which for most part come
from fossil fuel combustion react with oxygen and water to form
sulphuric and nitric acid, respectively. These acids deposit on earth's
surface and are called acid deposition. Acidic deposition kills fish in
lakes with little or no buffering capacity. It affects amphibion
population, exerts deleterious effects of aluminium on egg-shell
deposition, damages trees and crops, causes release of mercury,
leaching of calcium, deteriorates paints and finishes of cars and other
surface coatings, causes release of lead in the water pipeline
contaminating drinking water.
1.2.2 OZONE LAYER DEPLETION
1.2.2.1 Thinning of Ozone Layer
For the last 450 million years the earth has had a natural sun-screen
5
in the stratosphere called the ozone layer. This layer filters out
harmful ultraviolet radiations tram the sunlight and thus protects
various life forms on the earth.
Ozone is a form of oxygen. The molecule of oxygen contains two atoms
(O2) whereas that of ozone contains three (O3). In the stratosphere
ozone is continuously being created by the absorption of short
wavelength ultraviolet (UV) radiations. Ultraviolet radiations less than
242 nanometers decompose molecular oxygen into atomic oxygen (0)
by photolytic decomposition.
O2 + hv ⎯⎯⎯⎯→ 0 + 0
The atomic oxygen rapidly reacts with molecular oxygen to form
ozone.
O + O2 + M ⎯⎯⎯⎯→ O3 + M
(M is a third body necessary to carry away the energy released in the
reaction).
Ozone thus formed distributes itself in the stratosphere and absorbs
harmful ultraviolet radiations (200 to 320 nm) and is continuously
being converted back to molecular oxygen.
O3 + hv ⎯⎯⎯⎯→ O2 + O
Absorption of UV radiations results in heating of the stratosphere.
The net result of the above reactions is an equilibrium concentration
of ozone. Ozone concentration in about 24 km of the stratosphere i.e.
from 16 km to 40 km away from earth is about 10 ppm (as compared
to 0.05 ppm concentration of harmful tropospheric ozone). This
equilibrium is disturbed by reactive atoms of chlorine, bromine etc.
which destroy ozone molecules and result is thinning of ozone layer
generally called ozone hole.
6
The
amount
of
atmospheric
ozone
is
measured
by
'Dobson
Spectrometer' and is expressed in Dobson units (DU). One DU is
equivalent to a 0.01 nun thickness of pure ozone at the density it
would possess if it were brought to ground level (l atm) pressure.
Normally over temperate latitude its concentration is about 350 DU,
over tropics it is 250 Du whereas at subpolar regions (except when
ozone thinning occurs) it is on an average 450 DU. It is because of the
stratospheric winds which transport ozone from tropical towards polar
regions.
The Antarctic ozone hole was discovered by Dr Joe C. Farman and his
colleagues in the British Antarctic Survey who had been recording
ozone levels over this region since 1957. During spring season of
south pole i.e. September to November each year ozone depletion is
observed. Steep decline has been observed since mid 1970s with a
record low concentration of 90 DU in early October of 1993.
Chlorofluorocarbons (CFC) are mainly responsible for ozone depletion
in the stratosphere. CFCs are a group of synthetic chemicals first
discovered by Thomas Midgley Jr. in 1930. CFC-11 and CFC-12 are
the CFCs most commonly used. CFCs are used as coolants in
refrigerators and air conditioners, as propellants, cleaning solvents,
sterilant and in Styrofoam etc. CFCs released in the troposphere reach
the stratosphere and remain there for 65-110 years destroying O3
molecules. In 1974 Rowland and Molina warned that CFC are lowering
the concentration of ozone in the stratosphere and predicted severe
consequences. I was however, in 1985 that scientists for the first time
discovered that 50% (98% in some areas) of upper stratospheric ozone
over Antarctica was destroyed during the Antarctic spring and early
summer (September-December). At Antarctic region the temperature
during winter drops 10- 90°C. The winds blowing in a circular pattern
over earth's poles create polar 'vortices. Water droplets in clouds when
7
enter these vortices form ice crystals. CFCs get collected on the
surfaces of these ice crystals and destroy ozone much faster. Similar
destruction of ozone over North Pole occurs during Arctic spring and
early summer (February-June). The depletion which is 10-25% is less
than that observed at south pole.
1.2.2.2 Mechanism of Ozone Depletion
Recently the role of chlorine and oxides of nitrogen has been proposed
to explain the ozone destruction. There has been a constant increase
in the atmospheric concentration of nitrous oxide (N20) mainly due to
large scale combustion of fossil fuel and use of nitrogenous fertilizers.
Oxides of nitrogen including nitrous oxide (N20) are also emitted by
supersonic aircrafts. In the stratosphere otherwise quite inert N20 is
photochemically converted into more reactive nitric oxide.
N2O + hv/Sunlight ⎯⎯⎯⎯⎯⎯⎯→NO + N
(Nitrous Oxide)
(Nitric Oxide)
Nitric oxide thus formed undergoes the following chain reaction:
NO + O3 ⎯⎯⎯⎯→ NO2 + O2
(Nitrogen dioxide)
O3 + hv ⎯⎯⎯⎯→ O2 + 0
NO2 + O ⎯⎯⎯⎯→ NO + O2
In the stratosphere chlorine is released from CFCs and reacts with
ozone to form chlorine monoxide (ClO) :
Cl + O3 ⎯⎯⎯⎯⎯⎯⎯⎯→ ClO + O2
(Chlorine monoxide)
Chlorine monoxide reacts with nitrogen dioxide to form chlorine
nitrate which is relatively inert molecule and is stored.
ClO + NO2 ⎯⎯⎯⎯⎯⎯⎯⎯→ ClO + NO2
8
In the Antarctic winter on the ice crystals that make up the polar
stratospheric clouds where chlorine nitrate reacts with water to form
hypochlorous acid (HOCl).
H2O + ClO NO2 ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯→ HOCl
+
Hypochlorous
HNO3
Nitric acid
Acid
In August as sun rises in Antarctic HOCl breaks up releasing chlorine
atom and hydroxyl radical which enter into chain reaction to destroy
ozone molecule. Each reactive chlorine atom released from CFCs in
the stratosphere destroys 100,000 ozone molecules.
1.2.2.3 Effects of Ozone Depletion
Ozone depletion in the stratosphere will result in more UV radiation
reaching the earth especially UV-B (290-320 nm). The UV-B radiations
affect DNA and the photosynthetic chemicals. Any change in DNA can
result in mutation and cancer. Cases of skin cancer (basal and
squamous cell carcinoma) which do not cause death but cause
disfigurement will increase.
Easy absorption of UV rays by the lens and cornea of eye will result in
increase in incidents of cataract.
Melanin producing cells of the epidermis (important for human
immune system) will be destroyed by UV-rays resulting in immunosuppression. Fair people (cann't produce enough melanin) will be at a
large risk of UV exposure.
Phytoplankton are sensitive to UV exposure. Ozone depletion will
result in decrease in their population thereby affecting the population
of zooplankton, fish, marine animals, in fact the whole aquatic
system. Yield of vital crops like corn, rice, soyabeans, cotton, beans,
9
peas, sorghum and wheat will decrease.
Degradation of paints, plastics and other polymer material will result
in economic loss due to effects of UV radiation resulting from ozone
depletion.
1.2.2.4 The Montreal Protocol
Having realised the danger of ozone depletion several representatives
of developed and developing countries met in Montreal (Canada) in
September 1987 to reach an agreement to limit the use of
chlorofluorocarbons. According to Montreal Protocol production of
ozone depleting substances be frozen at 1986 level. It called for 50%
reduction in 1989 production level by 1999. However, Montreal
Protocol was reviewed in 1990 at a meeting in London due to India's
stand followed by many countries signatory to the Protocol on certain
issues like financing the developing countries for switch over to
substitute of chlorofluorocarbons. The 1990 London amendments to
Montreal Protocol extended the period of phasing out of the CFCs.
Developed countries were allowed to completely phase out CFCs by
2000 and the developing countries by 2010.
Concern of various countries to discuss environmental issues at
international level is appreciable. It is important as environmental
issues know no boundaries and equally concern each individual or the
nation for survival.
1.2.3 GREEN HOUSE EFFECT AND GLOBAL WARMING
The term Green House Effect was coined by mathematician Jean
Fourier more than 100 years ago. The troposphere traps heat by
natural process due to the presence of some gases. This effect is called
10
Green House Effect as it is similar to the one observed in the
horticultural green house. The amount of heat trapped in the
atmosphere depends mostly on the concentrations of "heat trapping"
or "green house" gases and the length of time they stay in the
atmosphere. The major green house gases are carbon dioxide, ozone,
methane, nitrous oxide, chlorofluorocarbons and water vapours. The
average global temperature is 15°C. In the absence of green house
gases this temperature would have been –18°C. Therefore, Green
House Effect contributes to the tune of 33°C. Heat trapped by green
house gases in the atmosphere keeps the planet warm enough to
allow us and other species to exist. The predominant two green house
gases i.e. water vapours are controlled by hydrological cycle and
carbon dioxide controlled mostly by the global carbon cycle. While the
levels of water vapour in the troposphere have relatively remained
fairly constant, the levels of carbon dioxide have increased. Other
gases whose levels have increased due to human activities are
methane nitrous oxide and chlorofluorocarbons. Deforestation has
further resulted in elevated levels of carbon dioxide due to nonremoval of carbon dioxide by plants through photosynthesis.
In the past few years increase in land surface temperature has been
experienced. In the recorded history of land surface temperature of
110 years the 13 years period from 1980 to 1992 experienced hottest
years at least 8 of them with 1990 being the hottest of all. Warming or
cooling by more than 2°C over past few decades may prove to be
disastrous for earth eco-system and humans as it would alter
conditions faster than some species could adapt or migrate. Some
areas will become inhabitable because of drought or floods following a
rise in average sea level.
11
Fig. 1 Scheme of operation of the Green house effect in Earth's troposphere.
The phenomenon that worries environmental scientists is that
increasing the concentration of the trace gases in the air that absorb
thermal infra-red light results in the redirection of even more of the
out going thermal infra-red energy and thereby increases the average
surface temperature beyond 15°C. The phenomenon is referred to as
the enhanced green house effect to distinguish its effect from the one
that has been operating naturally for millennia.
The principal constituents of the atmosphere, N2, O2 and Ar are
incapable of absorbing infra-red light. The gases which can absorb the
infra-red light are called green house gases. When the frequency of an
internal motion (vibrations of the atoms relative to each other) within
a molecule matches the frequency of the infra-red light, the later is
absorbed most completely. Such gases present in the troposphere
result in the increase in the temperature of air and the earth. These
are:
1.2.3.1. Green House Gases
1.2.3.1.1 Carbon dioxide
It contributes about 55% to global warming from green house gases
produced by human activity. Industrial countries account for about
76% of annual emissions. The main sources are fossil fuel burning
(67%), deforestation and other forms of land clearing and burning
(33%), CO2 stays in the atmosphere for about 500 years. CO2
12
concentration was 355 ppm in 1990 in the atmosphere and is
increasing at the rate of 1.5 ppm every year.
1.2.3.1.2 Chlorofluorocarbons (CFCs)
These are believed to be responsible for 24% of the human
contribution of green house gases. They also deplete ozone in the
stratosphere. The main sources are leaking air conditioners and
refrigerators, evaporation of industrial solvents, production of plastic
foams, and aerosols and propellants. CFCs take 10-15 years to reach
the stratosphere and generally trap 1500 to 7000 times more heat. per
molecule as CO2 while they are in the troposphere. This heating effect
in the troposphere may be partially offset by the cooling caused when
CFCs deplete ozone during their 65 to 110 years stay in the
stratosphere. Atmospheric conc. of CFC is 0.00225 ppm and is
increasing at the rate of 0.5% annually.
1.2.3.1.3 Methane (CH4)
It accounts for 18% increase in green house gases. Methane is
produced when bacteria break down dead organic matter in moist
places that lack oxygen such as swamps, natural wetlands, rice
paddies, landfills and digestive tracts of cattle, sheep and termites.
Production and use of oil and natural gas an' incomplete burning of
organic material are also significant sources. CH4 stays in the
atmosphere for 7-10 years. Each methane molecule traps about 25
times as much heat as a CO2 molecule. Atmospheric concentration of
methane is 1.675 ppm and is increasing at the rate of 1 % annually.
1.2.3.1.4 Nitrous Oxide (N20)
It is responsible for 6% of the human input of green house gases.
Besides trapping heat in the troposphere it also depletes ozone in the
stratosphere. It is released from nylon products, from burning of
13
biomass and nitrogen rich fuels especially coal and from the break
down of nitrogen fertilizers in soil, livestock wastes and nitrate
contaminated ground water. Its life span in the troposphere is 140190 years and it traps about 230 times as much heat per molecule as
CO2. The atmospheric concentration of N2O is 0.3% ppm and is
increasing at the rate of 0.2 of annually.
These radiatively active gases absorb wavelengths longer than 4 µm
which try to leave the earth's surface. Water vapours strongly absorb
thermal radiations with wave lengths less than 8 µm and greater than
18 µm. CO2 shows strong absorption band centered at 15 µm and
extending from 13 to 18 µm as well as bands centered at 2.7 and 4.3
µm. Between 7 and 12 µm there is a relatively clear sky for outgoing
thermal radiation referred to as the atmospheric radiative window.
Radiations in these wave lengths easily pass through the atmosphere
except for a small by but important, absorption band between 9.5 and
10.6 µm associated with ozone (O3).
1.2.3.3 Impacts of enhanced greenhouse effect
The enhanced greenhouse effect will not only cause global warming
but will also affect various other climate and natural processes.
1.2.3.3.1 Global temperature increase
The global temperature has been observed to increase ever Since
systematic recording of this temperature has been initiated. The world
temperature has increased by 0.7° from 1860 to 1990 AD whereas the
temperature of tropical ocean has risen by 0.5°C for the last 30 to 50
years. It is estimated that the Earth's mean temperature will rise
between 1.5 to 5.50C by 2050 if input of greenhouse gases continue to
rise at the present rate. Even at the lower value, Earth would be
warmer than it has been for 10,000 years.
14
1.2.3.3.2 Climatic Changes
The global change in temperature will not be uniform everywhere and
will fluctuate in different regions. The places in higher latitudes will be
warmed up more during late autumn and winter than the place in
tropics. Poles may experience 2 to 3 time more warming than the
global average while warming in the tropics may be only 50 to 100% at
the average. The increased warming at poles will reduce the thermal
gradient between the equator and high latitude regions decreasing the
energy available to the heat engine that drives the global weather
machine. This will disturb the global pattern of winds and ocean
currents as well as the timing and distribution of rainfall. Shifting of
ocean currents may change the climate of Iceland and Britain and
may result in cooling at the time when rest of the world warms. By an
increase of 1.5 to 4.50 C the global hydrological cycle is expected to
intensify by 5 to 10%. Disturbed rainfall will result in some areas
becoming wetter and the others drier. Although rainfall may increase,
higher temperatures will result in more evapo-transpiration leading to
annual water deficit in crop fields.
1.2.3.3.3 Rise in Sea Level
With the increase in global temperature sea water will expand.
Heating will melt the polar ice sheets and glaciers resulting in further
rise in sea level. Current models indicate that an increase in the
average atmospheric temperature of 3°C would raise the average
global sea level by 0.2-1.5 meters over the next 50 - 100 years.
One meter rise in sea level will inundate low lying areas of cities like
Shanghai, Cairo, Bangkok, Sydney, Hamburg and Venice as well as
agricultural lowlands and deltas in Egypt, Bangladesh, India China
and will affect rice productivity. This will disturb commercially
important spawning grounds, and would probably increase the
frequency of storm damage to lagoons, estuaries and coral reefs.
15
In India, the Lakshadweep Islands with a maximum height of 4 meters
above sea level may be vulnerable. Some of the most beautiful cities
like Mumbai may be saved by heavy investment on embankment to
install inundation.
Life of millions of people will be affected, by the sea level rise who have
built homes in the deltas of the Ganges, the Nile, the Mekong, the
Yangtze and the Mississippi rivers.
1.2.3.3.4 Effects on Human Health
The global warming will result in change in temperature and rainfall
thereby changing the distribution of vector of disease like mosquitoes.
The diseases like malaria, filariasis, elephantiasis will increase.
Areas which are free from diseases like malaria, schistosomiasis may
become the breeding grounds of such diseases. Affected areas in this
way may be Ethiopia, Kenya and Indonesia.
More temperature and humidity will increase/aggravate respiratory
and skin diseases.
1.2.3.3.5 Effects on Agriculture
Views on effect of global warming on agriculture differ. It can show
positive or negative effects on various types of crops in different
regions of the world. Tropical and subtropical regions will be more
affected since the average temperature in these region is already on
the higher scale. Even a rise of 2°C may be quite harmful to crops.
Soil moisture will decrease. Evapo-transpiration will increase which
may drastically affect wheat and maize production.
Increase in temperature and humidity will increase pest growth like
the growth of vectors of disease. Pest will adopt to such changes better
than the crops.
16
To cope up with the changing situation drought resistant, heat
resistant and pest resistant varieties of crops have to be developed.
1.2.3.4 Measures to check global warming
To slow down global warming the following steps will be important.
1.
Cut current use of CFCs and fossil fuel.
2.
Use energy more efficiently.
3.
Shift to renewable energy resources.
4.
Increase of nuclear power plants for electricity production.
5.
Switch from coal to natural gas.
6.
Trapping and use of methane as a fuel.
7.
Reduce beef production.
8.
Adopt sustainable agriculture.
9.
Slow population growth.
10.
Efficient removal of CO2 from smoke stacks.
11.
Plant more trees.
12.
Removal of atmospheric CO2 by photosynthetic algae.
1.3
SUMMARY
Man has made the inhospitable environments also conducive for
survival. Large scale farming, industrial revolution and ever increasing
population have put pressure on biotic and abiotic components of the
environment.
Environmental
problems
include
soil
erosion,
desertification, diminishing water supplies, deforestation, destruction
of wet land and coral reefs, loss of biodiversity global warming, ozone
depletion acid rain etc.
17
The ozone layer present in the stratosphere protects life on this earth
by filtering harmful UV-radiations which are not allowed to reach the
earth. However, some human activities have accelerated ozone
depletion. The use of chlorofluoro-carbons (CFDs) cause depletion of
stratospheric ozone due to which UV-radiations reach the earth and
may cause DNA damage. This may result in increase in number of
skin cancer cases, cataract cases, suppression of immune system,
decrease in phytoplankton population and decrease in crop yield.
The amount of green house gases in increasing every year. The green
house gases increase global warming by redirecting the outgoing infrared radiations back to earth. The green house gases include
carbondioxide, chlorofluorocarbons, methane, nitrous oxide and water
vapours. The increase in global warming may result in rise in ocean
level which inundate coastal cities. Global warming will also increase
vector-borne diseases, and affect agriculture produce. Steps should be
taken to reduce global warming by all possible means.
1.4
KEY WORDS
Soil erosion
:
Removal of upper layer of soil due to wind
or water currents.
Deforestation
:
Cutting (removal) of forests.
Desertification
:
degradation of once fertile land into a
desert like land.
Wet land
:
Ecosystems
with
standing
water
and
having rooted vegetation.
Coral reefs
:
Massive colonies formed by billions of tiny
coral animals.
Biodiversity
:
Total variability among species of plants,
animals and microorganisms.
Ozone depletion
:
Thinning of ozone layer in stratosphere
due to ozone depleting substances.
18
UV-radiations
:
Ultra-violet radiations coming from sun
and harmful to living beings.
Global warming
:
Increase in global average temperature due
to green house effect.
Green house effect
:
Trapping of heat by earth’s atmosphere
due to green house gases like carbon
dioxide, methane, nitrous oxide, water
vapours and CFCs.
Acid rain
:
Rain resulting from dissolution of toxic
gases like SO2, Nox and forming sulfuric
and nitric acid.
1.5
SELF ASSESSMENT QUESTIONS
1.
Enumerate various environmental problems, anthropogenic in
nature which are being faced by humanity in the modern times.
2.
Discuss the role of stratospheric ozone. Highlight the effects
which UV radiations will cause due to ozone depletion.
3.
Give an account the mechanism of stratospheric ozone depletion.
4.
Give an account of green house gases.
5.
Discuss the effects which will be caused due to global warming.
6.
What measures you will suggest to check enhance in global
warming?
1.6
SUGGESTED READINGS
1.
A.
Kaushik
and
C.P.
Kaushik
(2005)
:
Perspectives
in
Environmental Studies. New Age International Publishers.
2.
Miller, G., Tyler : Living in the Environment. Brooks/Cole,
Thomas Learning, Inc. 12th edition, USA, 2002.
3.
Masters, Gilbert M (1994) Introduction to Environmental
Engineering and Science. Prentice-Hall of India- Private Ltd.,
New Delhi.
19
UNIT-I
PGDEM-06
GLOBAL ENVIRONMENTAL ISSUES-II
Prof. C.P. Kaushik
STRUCTURE
2.0
OBJECTIVES
2.1
INTRODUCTION
2.2.1 ACID RAIN
2.2.1.1 Formation of acid deposition
2.2.1.2 Effects of acid rain
2.2.1.3 Control of acid rain and its effects
2.2.2 DESERTIFICATION
2.2.2.1 Causes of Desertification
2.2.2.2 Magnitude of desertification
2.2.2.3 Preventing Desertification
2.2.3 CONCEPT OF SUSTAINABLE DEVELOPMENT
2.2.3.1 Definition and Process
2.2.3.2 Ecological Principles Underlying Sustainability
2.2.3.2.1 Carrying Capacity
2.2.3.2.2 Resistance and resilience
2.2.3.2.3 Quality of Life
2.2.3.3 Economic Benefits Vis-a-Vis Sustainable Development
2.2.3.4 Sustainable Growth In Indian Context
2.2.3.4.1 Government Efforts
2.2.3.4.2 Non-Government Efforts
2.3
SUMMARY
2.4
KEY WORDS
2.5
SELF-ASSESSMENT QUESTIONS
2.6
SUGGESTED READINGS
1
2.0
OBJECTIVES
After studying the unit, you should be able to know :
•
What is acid rain; How is the acid rain formed; What are the
effects and how can acid rain be controlled?
•
What is desertification? What are the causes and extent of
desertification and how can desertification be prevented?
•
What is sustainable development?
•
What is the meaning of carrying capacity; What is resistance and
resilience and quality of life?
•
What are the economic benefits of sustainable development?
•
What are the Governmental and Non-Governmental efforts in
India in the direction of sustainable development?
2.1
INTRODUCTION
Oxides of sulfur and nitrogen originating from industrial operations
and fossil fuel combustion are the major sources of acid forming
gases. Acid forming gases are oxidised over several days by which time
they travel several thousand kilometers. In the atmosphere these
gases are ultimately converted into sulfuric and nitric acids. Hydrogen
chloride emission forms hydrochloric acid. These acids cause acidic
rain. Acid rain is only one component of acidic deposition. Acidic
deposition is the total of wet acidic deposition (acid rain) and dry
deposition.
Desertification is a process whereby the productive potential of arid or
semi-arid lands fall by ten percent or more. Moderate desertification is
10-25% drop in productivity, severe desertification causes 25-50%
drop while very severe desertification results in more than 50% drop
in productivity and usually creates huge gullies and sand dunes.
Desertification leads to the conversion of rangelands or irrigated
2
croplands to desert like conditions in which agricultural productivity
falls. Desertification is characterized by the following features:
(i)
(ii)
(iii)
(iv)
Devegetation and loss of vegetal cover
Depletion of groundwater
Salinization
Severe soil erosion
Desertification is not the literal invasion of a desert into a non-desert
area.
It includes the impoverishment of the ecosystems within as well as
outside the natural deserts e.g. the Sonoran and Chihuahuan deserts
of South West which are about a million years old, yet they have
become more barren during the last 100 years. So, further
desertification has taken place within the desert.
For centuries together we have been exploiting the natural resources
for various purposes. We have been using trees for getting fuelwood,
fibre, fruits, medicines, rubber, gum and many other things. We have
been using river waters for washing, cooking, fishing, navigation,
bathing, and also the industrial growth industrial use as well as for
discharging wastes. We have been using the wild life for getting fire,
leather, hides, tusks etc. We have been using the fossil fuels like coal,
petroleum and natural gas for various developmental processes and
their consumption has been just proportionate to the growth of
human civilization. And, now the situation is, that we are left with
only limited reserves of these fossil fuels, which are not going to last
very long. We have also been using extensively various mineral
resources like copper, iron, aluminium, zinc, mica, gold, uranium etc.
for various purposes. But, these mineral resources are having finite
reserves and these are non-renewable resources. The rate at which we
are consuming them is so fast that very soon the reserves will be
exhausted.
3
We have got a right to develop. But whenever, there is development,
there is use of natural resources. With the fast pace of growth in the
last few decades, the consumption of natural resources has been just
tremendous. So much so, that our non-renewable resources like fossil
fuels and minerals are getting exhausted and even our renewable
resources like forests, wild-life, water resources etc are getting
destroyed beyond their regeneration capacity. Under such a situation
we have to see how long development can continue. Then, what is the
solution for this? Does it mean we would stop our development or that
we should not allow our natural resources to be used? Certainly not.
Development is absolutely essential for good quality life and when we
have already progressed ahead it is not possible to go back to initial
undeveloped stage. So, the only solution is to have development
keeping in view the principles of ecology, which emphasize on the
concepts of carrying capacity, sustainability, resilience and stability.
This is called as sustainable development.
2.2.1 ACID RAIN
2.2.1.1 Formation of acid deposition
Acidity is defined in terms of pH scale. pH is the negative
logarithm of the hydrogen ion [H+] concentration:
pH = -- log [H+]
Rain water is turned acidic when its pH falls below 5.6. In fact
clean or natural rain water has a pH of 5.6 at 20°C because of
formation of carbonic acid due to dissolution of CO2.
Fig.1 The pH scale of common substances. The Adirondack Lakes are
located in the state of New York and are considered to be receptors of
acidic deposition.
4
The strong acids like H2S04 and HN03 dissolved or formed in rainwater
dissociate or release hydrogen ions thereby increasing acidity in rain
drops.
Generally sulfuric acid forms a major fraction of acid rain, followed by
nitric acid and a very small fraction of other acids. However, in urban
areas calcium (Ca2+), Magnesium (Mg2+) and ammonium (MNO4+) ions
help to neutralize the rain drops shifting the overall H+ towards basic
scale. The overall pH of any raindrop is due to net effect of the
carbonic acid, sulfuric acid, nitric acid other acidic constituents and
any neutralizers such as ammonia.
In the absence of rain dry deposition occurs. Acid forming gases like
S02, NO2 and HNO3 and acid aerosols get deposited on the surface of
water bodies vegetation, soil and other materials. On moist surfaces or
in liquids these acid forming gases can dissolve and form acids similar
to that formed in acid rain, If the oxidizers are present in the liquid
surfaces S02 and N02 undergo oxidation to form acids. Fine particles
or acid droplets can act as nuclei for water to condense to form rain
droplets. By such process sulfuric acid is incorporated into the
droplets. In the clouds additional S02 and N02 contact the droplets
and get absorbed which can be oxidized by the dissolved H202 or other
oxidizers. In the droplets falling from the clouds additional acidic
gases and aerosol particles get incorporated, further affecting their
pH. A unit decrease in pH value causes 10 times increase in acidity. A
verage pH in rainfall over eastern United States from April 1979 to
March 1980 was less than 5.0. The lowest annual pH recorded was
3.78 at DeBilt, the Netherlands, in 1967 and the lowest individual
rainfall was 2.4 at Pitlochry, Scotland on April 10, 1974. In India pH
of rain recorded from various places are :
5
Kodaikanal
5.18
Minicoy
5.52
Mohanbari
5.50
Port Blair
5.65
Pune
5.65
Srinagar
6.15
Allahabad
6.35
In 1960s and 1970s coal burning power plants, ore smelters in
industries began to use smoke stacks upto 300 meters high to release
S02, NOx and suspended particles above the inversion layer. This
practice was adopted to comply with the government standards
without employing costly air solution control devices. However, these
pollutants returned to earth surface in the form of acidic rain, snow,
fog and in dry form as acidic particles (collectively called acid
deposition) thousand kilometers away from release point. Since these
acid forming pollutants remain in the atmosphere for a few days the
problem of acid deposition is regional rather than global.
2.2.1.2 Effects of acid rain
Acid rain causes a number of harmful effects below pH 5.1. The effects
are visible in the aquatic system even at pH less than 5.5.
-
It causes deterioration of buildings especially the marble rock
buildings like Taj Mahal. Crystals of calcium and magnesium
sulphate are formed as a result of corrosion caused by acid rain.
-
It damages the statues. Priceless stone statues in Greece and
Italy have been partially dissolved by acid rain.
-
It damages metals and car finishes.
-
If water bodies underlain by granitic or quartatic bedrock which
6
are already acidic, lack the ability to neutralize (unlike the ones
underlain by limestone) the additional acidity due to acid
precipitation. Aquatic life especially fish are badly affected by
lake acidification.
-
Aquatic animals suffer from toxicity of metals such as
aluminium, mercury, manganese, zinc and lead which leak from
the surrounding rocks due to acid rain.
-
Increased
acidity
in
lakes
converts
in
organic
mercury
compounds in lake bottom sediments into methyl mercury
which due to its more solubility bioaccumulates in fatty tissues.
-
It results in reproductive failure, and killing of fish.
-
Many lakes of Sweden, Norway, Canada have become fishless
due to acid ram.
-
It damages foliage and weakens trees. Conifers are especially
affected as they continuously bathe in acidic fog/clouds. It has
caused forest death and decline in North America, Canada and
Czechoslovakia.
-
It makes trees more susceptible to stresses like disease, cold
temperature, drought, insect and fungi that better tolerate
acidic conditions.
-
It affects uptake of calcium and magnesium.
-
It increases nitrogen level in soil, over-stimulating plant growth.
2.2.1.3 Control of acid rain and its effects
-
Emission of SO2 and NO2 from industries and power plants
should be reduced by using pollution control equipments.
-
Liming of lakes and soils to correct the adverse effects of acid
rain.
-
A coating of protective layer of inert polymer in the interiors of
water pipes for drinking water.
7
2.2.2 DESERTIFICATION
2.2.2.1 Causes of Desertification
Formation of deserts may take place due to natural phenomena like
climate change or may be due to abusive use of land. Even the climate
change is linked in many ways to human activities or anthropogenic
activities.
The
major
anthropogenic
activities
responsible
for
desertification are as follows:
(i)
Deforestation
Population explosion in humans and livestock led to enormous
increase in the requirement for more forest resources. Large forest
areas were cleared to create more agricultural lands for meeting the
food demands of increasing human population. Simultaneously, there
was more pressure on forest resources for fuel, wood and timber as
well. In order to feed our growing cattle population, there was
increasing pressure on our forests and grazing in forests led to their
devastation. The most accessible forest areas are heavily grazed. For
instance, there are nearly 1200 thousand sheep and goats in alpine
areas of D.P. which along with 25,000 migratory graziers heavily graze
in the forest area. Another major cause of deforestation has been the
construction of hill roads which have devastated the forests in
Himalayas covering a stretch of about 30,000 km. As a result of road
construction the stability of hill slopes has been affected and the
vegetation cover both above and below the roads is damaged resulting
in denudation of the area.
The process of denuding and degrading a forested land initiates a
desert producing cycle that feeds on itself. Since there is no vegetation
to hold back the surface run-off, water drains off quickly before it can
soak into the soil to nourish plants or to replenish groundwater.
8
(ii)
Overgrazing
The regions most affected by desertification are the cattle producing
areas of the world. This is because the increasing cattle population
heavily graze in grasslands or forests and as a result denude the land
area. When the earth is denuded, the microclimate near the ground
becomes inhospitable to seed germination. The dry barren land
becomes loose and more prone to soil erosion.
The top fertile layer is also lost and thus plant growth is badly
hampered in such soils. The dry barren land reflects more of the sun's
heat, changing wind patterns, driving away moisture-laden clouds and
leading to further desertification.
(iii)
Mining and Quarrying
These activities are also responsible for loss of vegetal cover and
denudation of extensive land areas leading to desertification.
2.2.2.2 Magnitude of desertification
The estimates of the extent of desertification around the world vary
widely.
Mostly the arid lands are prone to highly erratic rainfall with long
periods of drought during which period, the natural vegetation
disappears. The land lies barren for months or even years together
making it rather difficult to distinguish between human caused
changes or climatic changes.
According to the International Soil Reference and Information Centre
in the Netherlands, nearly 75% of all the rangelands in the world show
signs of either degraded vegetation or soil erosion which are the alarm
signals for desertification. The highest percentage of such land
degradation is in Mexico and Central America.
9
As per the estimates of United Nations Environment Programme,
about half of Africa has become significantly drier over the past 50
years and that these arid (dry) and hyper-arid areas are highly
susceptible to desertification. It is also estimated that in the past half
century, about 50 million hectares of humid and semi-humid areas in
Africa have got converted into arid areas, thus making these lands
prone to desertification.
Desertification is found to occur in the arid and semi-arid areas of all
the continents as shown in Figure-3. During the last 50 years about
900 million hectares of land have undergone desertification over the
world. The ability of almost 0.5 billion of the world's population to
produce food has been reduced. This problem is especially severe in
Sahel region, just south of the Sahara in Africa. It is further estimated
that by 2010, desertification will affect land now occupied by 20% of
the human population, it continues at the present rate.
Fig. 3 Areas throughout the world that either have already been desertified or
are at risk of becoming desertified due to deforestation or severe overgrazing.
Amongst the most badly affected areas are the Sub-Saharan Africa
(between North Africa's barren Sahara and plant - rich land to its
South), the middle east, Western Asia, parts of Central and South
America, Australia and the Western half of United States.
10
It is estimated that in the last 50 years, human activities have been
responsible for desertification of land area equal to the size of Brazil.
The UNEP estimates further give the following statistics of threats of
desertification on world·-wide scale.
Type of Land Resources
Desertification ( % )
Rangelands
63
Rain-fed Croplands
60
Irrigated Croplands
30
These land areas, which are facing the threat of desertification would
add 60,000 km2 of new deserts every year.
2.2.2.3 Preventing Desertification
The most effective way to slow down the march of desertification is to
prevent denudation of land. Thus various measures to prevent
desertification are as follows:
(i)
Drastically reduce overgrazing
(ii)
Reduce deforestration and always supplement deforestation
with afforestation.
(iii)
Control population growth since the root-causes of deforestation
and overgrazing are directly linked to population explosion.
(iv)
Mining activities to always be followed by rehabilitation of the
degraded soil.
(v)
Faulty methods of irrigation leading to salinization to be
corrected.
(vi)
Soil conservation practices to be followed to protect the top
fertile layer.
(vii)
To reduce the threat of global warming.
The total cost of such prevention and rehabilitation would be about
140 billion dollars. This would be about 3.5 times the estimated loss
11
in agricultural production in desertified soils in a year. In a period of
3-4 years the cost of the restoration programme could be restored.
There is a serious need to restore desertifying land areas of the world.
2.2.3 CONCEPT OF SUSTAINABLE DEVELOPMENT
2.2.3.1 Definition and Process
The concept of sustainable development was first of all given in the
Brundlandt Conference (of United Nations World Commission in
1987). "Sustainable development means deriving socio-economic
benefits from biological resources today while providing enough for the
perpetuation of these resources for future generations".
Biological resources and the well being of our society and economy are
closely interconnected. In order to realize this concept, abundant
biological resources should be managed to allow sustainable use, over
a long period of time i.e. over generations.
Thus, "Sustainable development implies that development of a
region should be planned in such a manner that it should go on
for quite long time. It calls for planned and judicious utilization
of
our
available
limited
resources
with
least
possible
degradation of environment and at the same time maintaining
the quality of life."
The economists define sustainable development as "the development
where there is no depreciation of the world's natural capital." The
world's natural capital includes all the natural resources like soil,
rivers, ground water resources, forests, grasslands, wildlife etc. So
during development care should be taken on following lines:
(i)
The natural resources like rivers, lakes, ponds etc. should not
be degraded/polluted by our developmental activities.
12
(ii)
Renewable resources like forests and grasslands should not be
exploited (degraded) to an extent that the consumption far
exceeds their regenerating capacity.
(iii)
Natural processes like biogeochemical (nutrient) cycles, global
water cycle, global carbon cycle and climate, energy balance etc.
are not disrupted adversely.
(iv)
All the natural capital is used judiciously and passed on to the
next generations unimpaired.
The process of sustainability may be easily explained through Fig. 4
as follows:
Fig. 4 : The process of sustainability
Case A. When a society does not follow the principles of sustainable
development, it starts degrading till it reaches a point of no return, or
in other words, it undergoes an irreversible change. Even if we try to
improve the situation through financial or technical inputs, it will not
help. It is because the natural resources get degraded beyond their
reviving capability and the quality of environment gets so deteriorated
that it cannot be restored. Hence the society collapses and it forces its
population to migrate elsewhere.
13
Case-B. Here the society has taken timely action to follow the
principles of sustainable development. Although there is a decline in
natural resource capital, yet it has not reached the irreversible state.
So, with some restorative measures we are able to regain the natural
productivity.
Case-C. This is a society following the principles of sustainable
development. Here the use of natural resources capital is such, that
the level of natural productivity with time is regained, so that there is
still enough for a long time.
2.2.3.2 Ecological Principles Underlying Sustain ability
Sustainability of a system depends upon the following key ecological
principles/factors.
2.2.3.2.1 Carrying Capacity
Any system (e.g. a grassland) can sustain a limited number of
organisms (e.g. cattle) on a long-term basis. This number of
individuals of a species that could be sustained by a system is known
as the carrying capacity.
In case of human beings, the carrying capacity concept becomes all
the more complex. It is because human beings, unlike other animals,
not only need food to live, but need so many other things for his high
quality life style. Therefore, his impact on the system is much more
complicated.
Carrying
capacity
is
sometimes
further
subdivided
into
the
components:
a)
Supporting Capacity
It is the capacity of the natural resources for regeneration. Its
assessment involves the following:
14
(i)
Assessment of quantity and quality of natural resources and
their expected maximum utilization.
(ii)
Assessment of present and future levels of consumption vis-à-vis
requirements.
(iii)
Assessment of transformational aspects due to human activities
e.g. mining, extraction, landscape change etc.
(iv)
Assessment of infra-structural aspects - e.g. energy, water
supply, transportation and communication network.
(v)
Assessment of socio-cultural aspects like health- services,
educational facilities, recreational facilities etc.
All these aspects taken together give an assessment of the supporting
capacity of a system.
b)
Assimilative Capacity
The assimilative capacity of a system is the potential of a system for
tolerance or its diluting capability with regard to various toxic
pollutants or environmental factors. It gives an assessment of the
maximum amount of pollution load that can be discharged without
violating the basic components of the environment. In fact, the
assimilative capacity is dependent upon the homeostasis of the
system. Homeostasis is the inherent property of all living systems
(organisms, populations, communities or ecosystems) to resist change
or in other worlds, to tolerate stress and keep itself in equilibrium
with the environment. However, the degree to which it can tolerate
stress and resist change varies from system to system. There is a
range with upper and lower boundaries for the stress known as
homeostatic plateau within which the system can resist change and
show sustained activity. Beyond this homeostatic plateau, the system
undergoes rapid degradation leading to collapse of the system.
15
2.2.3.2.2 Resistance and resilience
The capacity of the system to resist any stress and its capacity to
recover after the stress is over are known as resistance and resilience
of the system, respectively. For sustainable development, it is very
important to assess the resistance and resilience of the natural
resources being used so that during the consumption of resources we
know about the extent up to which stress/disturbance/alteration
should be allowed so as to ensure regeneration of the system well in
time.
2.2.3.2.3 Quality of Life
Sustainable development has an important aspect in the form of good
quality of life. The main aim of development is to provide good quality
and standard of life. The following factors are generally taken for
determining the quality of life (NEERI, 1994) :
-
Income and employment
-
Fuel
-
Nutritious and uncontaminated food
-
Educational Facilities
-
Clothing
-
Human Rights
-
Sanitation
-
Transportation facilities
-
Health facilities
-
Communication facilities
-
Clean and unpolluted air
-
Recreational facilities
However, on a close scrutiny of the various parameters we will observe
that for getting some objective fulfilled we are nullifying the other. For
example, when we need fuel for development, we are definitely going to
pollute the air while burning it. Hence we lose the clean and
unpolluted air.
2.2.3.3 Economic Benefits Vis-a-Vis Sustainable Development
In fact, when we assess development, we usually do not take into
consideration the value of environment and the goods and services it
16
sustains. Yet, measuring these values is a formidable challenge as it
needs a good understanding of various benefits that natural/biological
resources provide to people, as well as knowledge of the complex
techniques required to measure their value. Information on economic
benefits is a useful tool for decision makers to achieve sustainable
development in the following ways:
(i)
Demonstrating how the loss of biological resources result in loss
of benefits to people and hence constitutes an economic and
social cost to communities.
(ii)
Developing economic incentives for those who maintain or
Increase biological resources and giving disincentives to those
who degrade important ecosystem.
(iii)
Addressing the need on green accounting and clean technology.
Economic development can be evaluated in terms of economic growth
rate. However, the value of environmental depreciation is usually
ignored. Of late, we have devised several methods to give monetary
valuation to environmental factors. We shall learn in detail about
these environmental valuation techniques in Unit-IV of this paper.
If during development, say a hydro-electric project, we lose a tropical
rain forest, the economic benefit is quite high in terms of power
generation, irrigation etc., but the loss caused due to loss of
biodiversity which had evolved over millions of years in the belt of
tropical forest is simply enormous. In such a case, every effort should
be made to preserve some part of the forest and make extra efforts to
have afforestation programmes to partly make up for the loss. Only
then, we can have development on a sustainable basis.
17
2.2.3.4 Sustainable Growth In Indian Context
India has still to go a long way in implementing the concepts of
sustainable development. We have more emphasis on increasing our
annual production, irrespective of the fact whether the regeneration
potential exists within their supporting capacity or not. We still lack a
well-formulated plan for deciding our developmental activities. In a
country like India with tremendous diversity and a huge population,
planning for sustainable growth is all the more complex. However,
efforts at Government as well as non-government level have been
initiated:
2.2.3.4.1 Government Efforts
A National Council of Environmental Planning and Coordination
(NEPC) was set up in 1972 followed by Tiwari Committee in 1980 on
whose behest the Department of Environment was set up in 1980 as
the focal agency is the administrative structure of the Central Govt.
for
planning,
promotion
and
coordination
of
environmental
programmes. Later on, the· Department of Environment became a part
of the new Ministry of Environment and Forests in 1985.
Now most of the states have also set up their own Departments of
Environment, Pollution Control Boards and related bodies.
The Ministry of Environment and Forests has now started formulating
guidelines or sitting industries ensuring optimal use of resources in a
sustainable
manner
with
minimal
depletion/degradation
of
environment.
Areas to be avoided
In siting industries, care should be taken to minimize the adverse
impact of the industries on the immediate neighborhood as well as at
18
distant places. Some of the natural life sustaining systems and some
specific land uses are sensitive to industrial impacts because of the
nature and extent of fragility. With a view to protect such systems,
industrial sites shall maintain the following distance from the areas
listed below;
(a)
Ecologically and/or otherwise sensitive areas; at least 25 km
depending on the geo-climatic conditions, the requisite distance
shall have to be increased by the appropriate agency.
(b)
Coastal Areas; at least 1/2 km from high tide line.
(c)
Flood plain of the Riverline Systems; at least 1/2 km from flood
plain or modified flood plain affected by dam in the upstream or
by flood control systems.
(d)
Transport/Communications System; at least 1/2 kIn from
highway and railway.
(e)
Major
settlements
(3,00,000
population);
distance
from
settlements is difficult to maintain because of urban sprawl. At
the time of siting of the industry if any major settlement's
notified limit is within 50 km, the spatial direction of growth of
the settlement for at least a decade must be assessed and the
industry shall be sited at least 25 km from the projected growth
boundary of the settlement.
Note
Ecological and/or otherwise sensitive areas include (i) Religious and
Historic Places; (ii) Archeological Monuments (e.g. Identified zone
around Taj Mahal); (iii) Scenic Areas; (iv) Hill Resorts; (v) Beach
Resorts; (vi) Health Resorts (vii) Coastal Areas rich in Corals,
Mangroves, Breeding Grounds of specific species (viii) Estuaries rich
19
in Mangroves, Breeding Grounds of specific species (ix) Gulf Areas; (x)
Biosphere Reserves; (xi) National Parks and Sanctuaries; (xii) Natural
Lakes, Swamps; (xiii) Seismic Zones; (xiv) Tribal Settlements; (xv)
Areas of Scientific and Geological interest; (xvi) Defence Installations,
specially those of security importance and sensitive to population;
(xvii) Border Areas (International) and (xviii) Air Ports.
Criteria/Factors to be recognized
-
No forest land shall be converted into non-forest activity for the
sustenance of the industry (Ref. ; Forest Conservation Act,
1980).
-
No prime agricultural land shall be converted into industrial
site.
-
Within the acquired site the industry must locate itself at the
lowest location to remain obscured from general sight.
-
Land acquired shall sufficiently be large to provide space for
appropriate treatment of waste water still left for treatment after
maximum possible reuse and recycle. Reclaimed (treated) .waste
water shall be used to raise green belt and to create water body
for aesthetics, recreation and if possible for aquaculture.
-
The green belt shall be 1/2 km wide around the battery limit of
the industry. For industry having odour problem it shall be a
kilometer wide. The green belt between two adjoining large scale
industries shall be one kilometer.
-
Enough space should be provided for storage of solid wastes so
that these could be available for possible reuse.
-
Layout and form of the industry that may come up in the area,
must conform to the landscape of the area without affecting the
scenic features of that place.
20
-
Associated township of the industry must be created at a space
having physiographic barrier between the industry and the
township.
-
Each industry is required to maintain three ambient air quality
measuring stations within 120 degree angle between stations.
Strategy for Sustainable Industrial Development
About 80% of the total industries in our country are located only in 12
big cities. The industrial pollution affects not only the lives of 162
million city dwellers but also the forests and trees growing in the
vicinity of the cities.
To control the adverse impact of industrialization on environment,
regulation of land-use measures must be implemented. Besides this,
Satellite Cities should be created around cities have more than a
million population.
In areas of water scarcity only such industries that have low water
requirement (e.g. electronic industries) must be allowed. Through
technological changes, we should also try to enhance the current and
future potential of resources to meet human needs.
Also, the Central Pollution Control Board (CPCB) has recently taken
up an exercise of preparing Zoning Atlas for grading industrial sites
based on environmental fragility. Through these zoning atlas, it is
possible to identify the suitable areas for planned industrial
development on state-wise and district-wise basis.
2.2.3.4.2 Non-Government Efforts
The directory of environmental NGO's brought out by World Wide
Fund for Nature (WWF), a list of about 1000 Non-Govt. Organisations
(NGOs) in India are seen working actively in the field. The NGO's have
21
been
playing
an
important
role
in
afforestation,
waste
land
development, rehabilitation of tribals and several other areas related
to sustainable development.
Thus, the ultimate goal of development should be environmentally
sound and sustainable growth for all the earth citizens.
2.3
SUMMARY
Acid rain :
Oxides of sulfur and nitrogen are converted in the
atmosphere into sulfuric and nitric acid respectively. To some extent
hydrochloric acid is also formed from hydrogen chloride. Acid rain and
dry acidic fall out form acidic deposition. When the pH of rain falls
below 5.6 it is called acid rain. pH is the negative logarithm of the
hydrogen ion concentration. A unit decrease in pH value causes 10
times increase in acidity. Acid rain can deteriorate buildings especially
marble rock buildings like Taj Mahal, metal and car finishes. It also
affects the aquatic life, damages foliage of trees especially conifers. It
causes leakage of metals from the rocks. Leaked metals reach the
water bodies and affect aquatic life. It affects calcium and magnesium
uptake by plants and over stimulates plant growth by increasing
nitrogen level. To avoid acid rain and its effects, emission of SO2 and
NO2 should be reduced, liming of lakes should be done.
Desertification : It is a process by which the productive potential of
arid and semi-arid lands falls substantially. Desertification is
characterized by loss of vegetal cover, depletion of ground water,
salinisation and soil erosion. Deforestation, overgrazing, mining and
quarrying are the major causes of desertification. About 63% of range
land, and 30-60% of croplands are affected by desertification.
Sustainable development : It is a concept emphasizing judicious
utilization of our available resources while drawing maximum
22
benefits. Sustainability of a system depends upon carrying capacity,
which depends upon its capacity of regeneration (supporting capacity)
and its potential of tolerance (assimilative capacity). A balance has to
be achieved between economic growth, development and ecological
sustainability.
2.4
KEY WORDS :
Acid rain
:
Atmospheric SO2 and NO2 dissolve in
rain water to form sulfuric acid and
nitric acid which falls as acid rain.
pH
:
Negative logarithm of the hydrogen ion
[H+] concentration.
Desertification
:
Degradation of once fertile land into a
desert like land.
Sustainable development :
Development is such a way that there
is judicious utilization of available
resources with maximum benefits and
minimum degradation of environment.
Resistance
:
Capacity of a system to resist any
stress.
Resilience
:
Capacity of a system to recover after
the stress is over.
2.5
SELF ASSESSMENT QUESTIONS
1.
What is acid rain? How is it formed?
2.
Given an account of the effects of acid rain.
3.
What is desertification? Discuss the causes of desertification.
23
4.
What measures should be adopted to stop desertification?
5.
Define
sustainable
development.
Discuss
strategies
for
sustainable industrial growth in Indian context.
Discuss
6.
the
important
parameters
that
determine
sustainable.
7.
What are the ecological principles underlying sustainability?
8.
Discuss various efforts at govt. and non-govt. level to achieve
sustainable development in our country.
2.6
SUGGESTED READINGS
1.
A.
Kaushik
and
C.P.
Kaushik
(2005)
:
Perspectives
in
Environmental Studies. New Age International Publishers.
2.
Miller, G., Tyler : Living in the Environment. Brooks/Cole,
Thomas Learning, Inc. 12th edition, USA, 2002.
3.
Masters, Gilbert M (1994) Introduction to Environmental
Engineering and Science. Prentice-Hall of India- Private Ltd.,
New Delhi.
24
UNIT-II
PGDEM-06
ENVIRONMENTAL CONVENTIONS AND TREATIES
Narsi Ram Bishnoi
STRUCTURE
1.0.
OBJECTIVES
1.1.
STOCKHOLM CONFERENCE
1.1.1. Introduction
1.1.2. Conference Agenda
1.1.3. Principles adopted for environment protection
1.2.
THE RIO EARTH SUMMIT, 1992
1.2.1. Conference Agenda
1.2.2. The Rio Declaration
1.2.3.
CONVENTION ON CLIMATE CHANGE
1.2.4.
BIODIVERSITY
1.2.4.1. The Convention Goals
1.2.4.2. The salient features of the convention
1.2.5.
FOREST PRINCIPLES
1.2.5.1 The statement on forest principles recognizes
1.2.6.
AGENDA 21
1.2.7.
MONTREAL PROTOCOL
1.2.8.
KYOTO SUMMIT, 1997
1.2.9.
SUMMARY
1.2.10. KEY WORDS
1.2.11. SELF ASSESSMENT QUESTIONS
1.2.12. SUGGESTED READINGS
1.0.
OBJECTIVES
After studying this unit, you should be able to :
•
Understand the main agenda for Stockhom conference, 1972 and
Rio Earth Summit, 1992.
•
Biodiversity Convention, 1992 for the conservation of biological
diversity and sustainable use of its components.
•
Know about Montreal Protocol to phase out the ozone depleting
substances and the Kyoto protocol for a reduction in overall
emission of Green house gases particularly carbon dioxide.
•
Understand the agenda 21 a blue print for action in all areas relating
to sustainable development of our planet into the 21st century.
1.1
STOCKHOLM CONFERENCE
1.1.1 Introduction
The United Nations conference on Human Environment was held from
5 to 16 June, 1972 at Stockholm.
The conference marked watershed in
international relations and placed the issue of the protection of the biosphere
on the official agenda of international policy and law. Participating States
resolved that environment protection was an essential element of social and
economic development. The conference was remarkable accomplishment as
114 attending nations agreed generally in a declaration of principles and an
action plan.
1.1.2 Conference Agenda
The conference Agenda has six main areas such as :
1.
Planning and Management of Human Settlements for Environmental
Quality;
2.
Environmental Aspects of Natural Resource Management;
3.
Identification and Control of Pollutants and Nuisances of Broad
International Significance;
4.
Educational, Information, Social and Cultural Aspects of Environmental
Issues;
5.
Development and Environment; and
6.
International Organizational Implications of Action Proposals.
The conference projected the fact that the precondition for putting
global environment in order is international co-operation and not confrontation.
This recognition led the Stockholm Conference to adopt declaration containing
fundamental environment protection principles.
1.1.3. Principles adopted for environment protection
•
Man has the fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality that permits a life of
dignity and well-being, and he bears a solemn responsibility to protect
and improve the environment for present and future generation. In this
respect,
policies
promoting
or
perpetuating
apartheid,
racial
segregation, discrimination, colonial and other forms of oppression and
foreign domination stand condemned and must be eliminated.
•
The natural resources of the earth including the air, water, land, flora
and
fauna
and
especially
representative
samples
of
natural
ecosystems must be safeguarded for the benefit of present and future
generations through careful planning or management, as appropriate.
•
The capacity of the earth to produce vital renewable resources must be
maintained and, wherever practicable, restored or improved.
•
Man has a special responsibility to safeguard and wisely manage the
heritage of wildlife and its habitats which are now gravely imperilled by
a combination of adverse factors.
Nature conservation including
wildlife must therefore receive importance in planning for economic
development.
•
The non-renewable resources of the earth must be employed in such a
way as to guard against the danger of their future exhaustion and to
ensure that benefits from such employment are shared by all mankind.
•
The discharge of toxic substances or of other substances and the
release of heat, in such quantities or concentrations as to exceed the
capacity of the environment to render them harmless, must be halted in
order to ensure that serious or irreversible damage is not inflicted upon
ecosystems. The just struggle of the peoples of all countries against
pollution should be supported.
•
States shall take all possible steps to prevent pollution of the sea by
substances that are liable to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere
with other legitimate uses of the sea.
•
Economic and social development is essential for ensuring a
favourable living and working environment for man and for creating
conditions on earth that are necessary for the improvement of the
quality of life.
•
Environmental
deficiencies
generated
by
the
conditions
of
underdevelopment and natural disasters pose grave problems and can
best be remedied by accelerated development through the transfer of
substantial quantities of financial and technological assistance as a
supplement to the domestic effort of the developing countries and such
timely assistance as may be required.
•
For the developing countries, stability of prices and adequate earnings
for
primary
commodities
and
raw
material
are
essential
to
environmental management since economic factors as well as
ecological processes must be taken into account.
•
The environmental policies of all States should enhance and not
adversely affect the present or future development potential of
developing countries, nor should they hamper the attainment of better
living conditions for all, and appropriate steps should be taken by
States and international organizations with a view to reaching
agreement on meeting the possible national and international economic
consequences
resulting
from
the
application
of
environmental
measures.
•
Resources should be made available to preserve and improve the
environment, taking into account the circumstances and particular
requirements of developing countries and any costs which may
emanate from their incorporating environmental safeguards into their
development planning and the need for making available to them, upon
their request, additional international technical and financial assistance
for this purpose.
•
In order to achieve a more rational management of resources and thus
to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that
development is compatible with the need to protect and improve the
human environment for the benefit of their population.
•
Rational planning constitutes an essential tool for reconciling any
conflict between the needs of development and the need to protect and
improve the environment.
•
Planning must be applied to human settlements and urbanization with a
view to avoiding adverse effects on the environment and obtaining
maximum social, economic and environmental benefits for all. In this
respect projects which designed for colonialist and racist domination
must be abandoned.
•
Demographic policies, which are without prejudice to basic human
rights and which are deemed appropriate by Governments concerned,
should be applied in those regions where the rate of population growth
or excessive population concentrations are likely to have adverse
effects on the environment or development, or where low population
density may prevent improvement of the human environment and
impede development.
•
Appropriate national institutions must be entrusted with the task of
planning, managing or controlling the environmental resources of
States with the view to enhancing environmental quality.
•
Science and technology, as part of their contribution to economic and
social development, must be applied to the identification, avoidance
and control of environmental risks and the solution of environmental
problems and for the common good of mankind.
•
Education in environmental matters, for the younger generation as well
as adults, giving due consideration to the underprivileged, is essential
in order to broaden the basis for an enlightened opinion and
responsible conduct by individuals, enterprises and communities in
protecting and improving the environment in its full human dimension.
It is also essential that mass media of communications avoid
contributing to the deterioration of the environment, but on the contrary,
disseminate information of an educational nature, on the need to
protect and improve the environment in order to enable man to develop
in every respect.
•
Scientific research and development in the context of environmental
problems, both national and multinational, must be promoted in all
countries, especially the developing countries. In this connection, the
free flow of up-to-date scientific information and transfer of experience
must
be supported and assisted, to facilitate the solution of
environmental problems ; environmental technologies should be made
available to developing countries on terms which would encourage their
wide dissemination without constituting an economic burden on the
developing countries.
•
States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their
own resources pursuant to their own environmental policies, and the
responsibility to ensure the activities within their jurisdiction or control
do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction.
•
States shall co-operate to develop further the international law
regarding liability and compensation for the victims of pollution and
other environmental damage caused by activities within the jurisdiction
or control of such States to areas beyond their jurisdiction.
•
Without prejudice to such criteria as may be agreed upon by the
international community, or to standards which will have to be
determined nationally, it will be essential in all cases to consider the
systems of values prevailing in each country, and the extent of the
applicability of standards which are valid for the most advanced
countries but which may be inappropriate and of unwarranted social
cost for the developing countries.
•
International matters concerning the protection and improvement of the
environment should be handled in a co-operative spirit by all countries,
big or small, on and equal footing. Co-operation through multilateral or
bilateral arrangements or other appropriate means is essential to
effectively
control,
prevent,
reduce
and
eliminate
adverse
environmental effects resulting from activities conducted in all spheres,
in such a way that due account is taken of the sovereignty and interests
of all States.
•
States shall ensure that international organizations play a co-ordinated
efficient and dynamic role for the protection and improvement of the
environment.
•
Man and his environment must be spared from the effects of nuclear
weapons and all other means of mass destruction. States must strive
to reach prompt agreement, in the relevant international organs, on the
elimination and complete destruction of such weapons.
1.2.
THE RIO EARTH SUMMIT, 1992
The United Nations conference on Environment and Development
( UNCED ) was held in Rio de Janeiro, Brazil from June, 3-24, 1992.
1.2.1 Confernece Agenda
•
Protection of atmosphere ;
•
Protection of land resources ;
•
Conservation of biological diversity ;
•
Protection of fresh water resources ;
•
Protection of marine life ;
•
Environmentally sound management to avoid hazards of toxic
chemicals like MIC in Bhopal disaster of 1984 ; and
•
Improvement of the quality of life of the man.
The key outcomes of the Conference are incorporated into five
documents signed by Heads of States : Rio Declaration, Convention on
Climate Change, Convention on Biodivesity, Forest Principles, and
Agenda 21.
1.2.2 The Rio Declaration
This declaration is a general statement of broad principles to guide
national conduct on environment protection and development, i.e. it is
obligation on the countries to control their own natural resources and not to
damage the environment of other countries.
Amongst other things it
recommends (i) the precautionary principles, (ii) internationalization of
environmental costs, (iii) use of environmental impact statements, and (iv) the
polluter pays principle. The draft declaration, that included key elements of
both developed and developing countries is a consensus document
comprising 27 principles :
1.
Human beings are at the center of concerns for sustainable
development.
They are entitled to a healthy and productive life in
harmony with nature.
2.
States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their
own resources pursuant to their own environmental and developmental
policies, and the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other
States or of areas beyond the limits of national jurisdiction.
3.
The right to development must be fulfilled so as to equitably meet
developmental and environmental needs of present and future
generations.
4.
In
order
to
achieve
sustainable
development
development,
environmental protection shall constitute an integral part of the
development process and cannot be considered in isolation from it.
5.
All States and all people shall cooperate in the essential task of
eradicating poverty as an indispensable requirement for sustainable
development, in order to decrease the disparities in standards of living
and better meet the needs of the majority of the people of the world.
6.
The special situation and needs of developing countries, particularly
the least developed and those most environmentally vulnerable, shall
be given special priority.
International actions in the field of
environment and development should also address the interests and
needs of all countries.
7.
States shall cooperate in a spirit of global partnership to conserve,
protect and restore the health and integrity of the Earth’s ecosystem.
In view of the different contributions to global environmental
degradation. States have common but differentiated responsibilities.
The developed countries acknowledge the responsibility that they bear
in the international pursuit of sustainable development in view of the
pressures their societies place on the global environment and of the
technologies and financial resources they command.
8.
To achieve sustainable development and a higher quality of life for all
people. States should reduce and eliminate unsustainable patterns of
production and consumption and promote appropriate demographic
policies.
9.
States should cooperate to strengthen endogenous capacity building
for sustainable development by improving scientific understanding
through exchanges of scientific and technological knowledge, and by
enhancing the development, adaptation, diffusion and transfer of
technologies including new and innovative technologies.
10.
Environmental issues are best handled with the participation of all
concerned citizens at the relevant level. At the national level, each
individual shall have appropriate access to information concerning the
environment that is held by public authorities, including information on
hazardous materials and activities in their communities, and the
opportunity to participate in decision-making processes. States shall
facilitate and encourage public awareness and participation by making
information widely available.
Effective access to judicial and
administrative proceedings, including redress and remedy, shall be
provided.
11.
States shall enact effective environmental legislation. Environmental
standards, management objectives and priorities should reflect he
environmental and developmental context to which they apply.
Standards applied by some countries may be inappropriate and of
unwarranted economic and social cost to other countries, in particular
developing countries.
12.
States should cooperate to promote a supportive and open
international economic system that would lead to economic growth and
sustainable development in all countries, to better address the
problems of environmental degradation.
Trade policy measures for
environmental purposes should not constitute a means of arbitrary to
unjustifiable discrimination or a disguised restriction on international
trade. Unilateral actions to deal with environmental challenges outside
the
jurisdiction
Environmental
of
the
importing
measures
country
addressing
should
be
transboundary
avoided.
or
global
environmental problems should, as far as possible, be based on an
international consensus.
13.
States shall develop national law regarding liability and compensation
for the victims of pollution and other environmental damage. States
shall also cooperate in an expeditious and more determined manner to
develop further international law regarding liability and compensation
for adverse effects of environmental damage caused by activities within
their jurisdiction or control to areas beyond their jurisdiction.
14.
States should effectively cooperate to discourage or prevent the
relocation and transfer to other States of any activities that cause
severe environmental degradation or are found to be harmful to human
health.
15.
In order to protect the environment the precautionary approach shall be
widely applied by states according to their capabilities. Where there
are threats of serious or irreversible damage, lack of full scientific
certainty shall not be used as a reason for postponing cost-effective
measures to prevent environmental degradation.
16.
National
authorities
should
endeavour
to
promote
the
internationalization of environmental costs and the use of economic
instruments, taking into account the approach that the polluter should,
in principle, bear the cost of pollution, with due regard to the public
interest and without distorting international trade.
17.
Environmental impact assessment, as a national instrument, shall be
undertaken for proposed activities that are likely to have a significant
adverse impact on the environment and are subject to a decision of a
competent national authority.
18.
States shall immediately notify other States of any natural disasters or
other emergencies that are likely to produce sudden harmful effects on
the environment of those States. Every effort shall be made by the
international community to help States so afflicted.
19.
States shall provide prior and timely notification and relevant
information to potentially affected States on activities that may have a
significant adverse transboundary environmental effect and shall
consult with those States at an early stage and in good faith.
20.
Women
have
vital
role
in
environmental
management
and
development. Their full participation is therefore essential to achieve
sustainable development.
21.
The creativity, ideals and courage of the youth of the world should be
mobilized to forge a global partnership in order to achieve sustainable
development and ensure a better future for all.
22.
Indigenous people and their communities, and other local communities,
have a vital role in environmental management and development
because of their knowledge and traditional practices. States should
recognize and duly support their identity culture and interests and
enable their effective participation in the achievement of sustainable
development.
23.
The environment and natural resources of people under oppression,
domination and occupation shall be protected.
24.
Warfare is inherently destructive of sustainable development. States
shall therefore respect international law providing protection for the
environment in times of armed conflict and cooperate in its further
development as necessary.
25.
Peace, development and environmental protection are interdependent
and indivisible.
26.
States shall resolve all their environmental disputes peacefully and by
appropriate means in accordance with the Charter of the United
Nations.
27.
States and people shall cooperate in good faith and in a spirit of
partnership in the fulfilment of the principles embodied in this
Declaration and in the further development of international law in the
field of sustainable development.
1.2.3 CONVENTION ON CLIMATE CHANGE
This document was signed representatives from 156 States.
Brazil
was the first amongst them to sign the convention. The convention calls on
countries to commit themselves to stabilize emissions of greenhouse gases
by the year 2000. The main objective of the convention on climate change is
to achieve stabilization of greenhouse gases concentration in the atmosphere
at a level that would prevent dangerous anthropogenic interference with the
climate system. The convention describes change of climate that alters the
composition of the global atmosphere and is attributed directly or indirectly to
human activities.
The convention further states that the climate system
means the totality of the atmosphere, hydrosphere, biosphere and geosphere
and their interactions.
The convention on climate change is a compromise document and sets
a voluntary goal for returning to 1990 levels by the year 2000. All OECD
countries (with the exception of united states, the biggest emitter of (GHGs),
have set for themselves target dates for stabilization of GHGs.
The convention on climate change requires :
(i)
Developed countries to take all practical steps to promote, facilitate,
and finance the transfer or access to environmentally sound technology
and know-how to offer, Parties, particularly developing countries.
(ii)
The developed countries to provide new and additional financial
resources needed by the developing countries to meet the agreed full
incremental costs of implementing their commitments, and also to
assist developing country Parties that are particularly vulnerable to the
adverse effects of climate change.
The convention provides financial mechanism for the provision of
financial resources.
1.2.4. BIODIVERSITY CONVENTION
Biodiversity Convention took place on June 5, 1992 during Earth
Summit held at Rio de Janeiro, Brazil. The Convention was signed by 157
nations including Brazil and India. Though, initially the U.S. refused to sign,
but later on, it signed the convention. The Convention entered into force in
December 1993.
The basic of the convention on biodiversity is the recognition of the fact
that the animal and plant life on the earth is endangered by the overexploitation, and excessive emission of toxic gases by the industries in the
developed world.
The Convention seeks to evolve a principle of “global
participation” and makes it obligatory on the participating countries to take
corrective steps for the conservation of plant and animal life.
1.2.4.1
The convention goals
(i)
The conservation of biological diversity ;
(ii)
The sustainable use of its components ; and
(iii)
The fair and equitable sharing of the benefits arising out of the
utilization of genetic resources, including by appropriate access to
genetic resources and by appropriate transfer of relevant technologies,
taking into account all rights over those resources and to technologies,
and by appropriate funding.
1.2.4.2 The Salient features of the Convention
•
The authority to determine access to genetic resources rests with
national governments and is subject to national legislation ;
•
The commercial benefits arising out of the use of biological resources
of a country will be shared with that country on an equitable and fair
basis.
•
The access to the transfer of technology to developing countries will be
provided under fair and most favourable terms mutually arrived at. In
case of technology subject to patents, access and transfer shall be
provided on terms which recognize and are consistent with the
adequate protection of intellectual property rights :
•
The developed countries will provide “new and additional” financial
resources to enable developing countries to meet the agreed full
incremental costs to them of implementing measures which fulfill the
obligation of the convention ; and
•
The extent to which developing country parties will effectively
implement their commitments under the convention will depend on the
effective implementation by developed country parties of their
commitments under the convention related to financial resources and
transfer of technology.
The level of implementation by developing
countries will also take into consideration the fact that economic
development and poverty eradication are their primary and overriding
priorities.
It may be mentioned that India has made it clear that biodiversity and
sharing of biotechnology were inseparable issues.
India has told the
developed countries that if access to biotechnology or its products is going to
be denied to the developing countries on grounds of protection of intellectual
property rights, then such countries providing the genetic material would have
little enthusiasm for conserving biodiversity.
1.2.5 FOREST PRINCIPLES
The forest principles document as a non-legally binding authoritative
statement of principles for a global consensus on the management,
conservation and sustainable development of all type of forests and to provide
for their multiple and complementary function and uses. The preamble notes
that the document represents the first global consensus on forests. The
preamble further mention that these principles should apply to all types of
forests, both natural and planted, in all geographic regions and climatic zones,
including boreal, substemperate, temperate, subtropical and topical. Forests
are essential to economic development and the maintenance of all forms of
life.
1.2.5.1. The statement on forest principles recognizes
(i)
The sovereign rights of states to exploit their on resources pursuant to
their own environmental policies, but they should own the responsibility
not to cause damage to the environment of other States ;
(ii)
The sovereign and inalienable right of states to utilize, manage and
develop their forests in accordance with their developmental needs and
level of socio-economic development ; and
(iii)
The vital role of forests in maintaining ecological and socio-economic
processes.
The statement also emphasizes the full participation of
women in all aspects of forest conservation and management.
1.2.6 AGENDA 21
It is a comprehensive global action plan designed to turn the theory
into practice.
It is a monumental centerpiece agreement adopted by 175
States at the Earth Summit. It is a blue print for action in all areas relating to
sustainable development of our planet into the 21st century.
changes in the activity of people.
It calls for
It includes, concrete measures and
incentives to reduce the environmental impacts of industrialized nations,
revitalize development in the developing nation, eliminate poverty worldwide
and stabilize human population.
Agenda 21 proposes on array of actions which are intended to be
implemented by every person on earth. The actions are specific and concrete
proposals. These are meant to address :
(i)
The sustainable development and efficient use of natural resources ;
(ii)
The effective management of pollution and waste products of
development ; and
(iii)
The achievement of a basic standard of living for all humanity.
The main objective of Agenda 21 is to halt and reverse the
environmental damage caused to our earth and to promote environmentally
sound and sustainable development at global level.
Agenda 21 is over 500 pages long document which contains 40
chapters, each of which focuses on a specific theme setting out goals,
activities and provisions on funding and implementation. The estimated cost
of Agenda-21 is nearly $ 6,00,000 million. The main programme areas of
Agenda 21 are grouped into the 7 central themes :
(i.)
the quality of life on earth
(ii.)
efficient use of earth’s natural resources
(iii.)
the protection of the global commons
(iv.)
the management of human settlements
(v.)
chemicals and the management of waste
(vi.)
sustainable economic growth
(vii.)
implementation of Agenda 21
All nations should prepare action plans for the implementation of
Agenda 21 so that both environment and development concerns are afforded
the highest priority.
1.2.7 MONTREAL PROTOCOL
The Montreal Protocol on substances that deplete ozone layer was
signed by 24 countries in Montreal, Canada on 16 September 1987. The
international treaty came into force on January 1, 1989. The protocol sets out
a schedule to freeze consumption and production of the five most severe
CFCs : CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane),
CFC-113 (trichlorotrifluoroethane ), CFC-114 (dichlorotetrafluoroethane ) and
CFC-115 (chloropentafluoroethane) ; and three Halons : Halon 1211
(bromochlorodifluoromethane), Halon 1301 (bromotrifluoromethane ) and
Halon 2402 (dibromotetrafluorethane).
The short term reduction schedule set out in the protocol is as follows :
(a)
(b)
A freeze in consumption and production at 1986 level for
(i)
the CFCs starting on July 1, 1989, and
(ii)
the Halons starting on January 1, 1992.
Reduction in consumption and production of CFCs with
(i)
starting on July 1, 1993 and
(ii)
starting on July 1, 1998.
The Montreal Protocol is an international treaty to globally reduce the
emission of substances known to harm the ozone layer. It contains clear
measures which impose obligation on state Parties :
(i)
to reduce consumption and production of ozone depleting substances,
(ii)
to cooperate in developing alternative substances, and
(iii)
to prohibit to restrict trade in these substances between Parties and
non-Parties.
According Montreal Protocol, developing countries are allowed to delay
implementation of the phase-down schedule by 10 years, provided that their
consumption is less than 0.3 kg per capita.
To aid developing countries,
Parties of the protocol have agreed to facilitate access to environmentally safe
alternative substances and technology. There is also commitment of facilitate
the provision of subsidies, aid and credits for their use.
As of August 1989, 44 countries and the EEC have ratified the
Montreal Protocol.
The Protocol provides a mechanism to review the efficacy of control
measures with regard to :
(i)
the ozone depletion rates for each substance,
(ii)
the consumption and production rates for the parties, and
(iii)
the addition to, or deletion from the list of controlled substances in the
Annex to the Protocol.
The Protocol generally requires the Parties to meet periodically and
either adopt or amend the adjusted variables.
The adjustments or
amendments to the Protocol should be made on the basis of available
scientific, environmental, technical and economic information which is
presented to the Parties by a panel of experts appointed for the purpose. The
first meeting of the Parties to the Montreal Protocol was held in Helsinky in
May 1989. In a policy statement called, Helsinky Declaration the attending
nations agreed to phase out the production and consumption of CFCs upto
year 2000. They also agreed to phase out the halons and control and reduce
ozone depleting substances and to accelerate the development of
environmentally acceptable chemicals, products and technologies.
The adequacy of the Montreal Protocol came under question with the
release of a report of the International Ozone Trends Panel in March, 1988
and to the fact that concentrations of stratospheric ozone over regions of
northern hemisphere were dropping more rapidly than had been forecast
previously.
These findings indicated that Protocol control measures were
inadequate to restore the ozone layer. In addition, the developing countries
posed a special problem as they demanded that the technology of substitutes
as well as financial assistance be given to them for change over to non-ODS
substances. The growing sense of alarm prompted a series of international
conferences, which in turn led to 2nd meeting in London in June 1990 to revise
the protocol. The meeting was attended by 54 Parties as well as 42 non-Party
countries.
It was agreed to completely phase out the production and
consumption of CFCs, halons, and carbon tetrachloride by the year 2000, and
methyl chloroform by the year 2005.
The HCFCs which will be use as
substitutes for CFCs and which have a less damaging effect on the ozone
layer, will be phased out no later than 2040. Developing countries (also called
as Article 5 countries) are allowed a ten year grace period in the phase out
schedule to meet basic domestic needs.
The adjustment is also to be
facilitated by financial assistance (from a multilateral fund to be administered
by the World Bank) and by offering these countries the best available,
environmentally safe substitute chemicals and related technologies under fair
and favourable conditions.
In 1991, more alarming reports came up to show the depletion of ozone
is continuing in all altitudes excepting over the tropics. It was recognized that
it is not enough to control CFCs and halons but other ozone depleting
substances like HCFCs and methyl bromide. The Parties therefore met in
Copenhagen in November 1992 to further revise the protocol. They agreed to
advance the phase out limit for CFCs to January 1, 1996 and halons to
January 1, 1994 ; HCFCs will be gradually phased out by the year 2030.
These were the dates fixed for developed countries who were the largest
consumers of these ozone depleting substances.
Agreement was not
reached, however, on a phase out schedule for methyl bromide, which is
widely used in fumigation.
1.2.8 KYOTO SUMMIT, 1997
The summit on the climate change was held on Dec., 1997, at Kyoto
and an agreement to curb green house gas emissions was signed by 150
nations.
The protocol calls for a reduction in overall emission of GHGs,
particularly carbon dioxide by at least 5 per cent below 1990 levels in the
commitment period 2008-2012. This international treaty would be binding for
developed nations. However, it does not set any limit or deadline for the
developing countries including India and China which at present emit only a
fraction of the carbon dioxide released into the atmosphere by the
industrialized nations of the West.
It is now well recognized that unrestricted burning of fossil fuels like
coal and oil since the industrial revolution and indiscriminate deforestation in
recent decades have led to a sharp increase in the level of carbon dioxide in
the atmosphere leading to a general warming of the world’s climate due to
greenhouse effect.
It is also predicted that consequences of this global
warming could be disastrous, with drastic changes in weather patterns across
the globe leading to droughts and floods and crop failures, and submergence
of coastal areas due to rise in sea level. The Kyoto summit is primarily aimed
at stalling any such eventuality.
With the US and Russia together accounting for 53.3 percent of the
GHGs, ratification of the protocol by these two countries is imperative for
action to return emissions to the 1990 levels. The US alone accounts for over
a third of the world’s GHGs emission, while Russia accounts for 17.4 percent
of CO2 emission among industrialized countries.
However, in the present form it is doubtful if the protocol would be able
to achieve anything substantial. It lays stress only on the commitment of a
few industrialized nations who in any case have the resources to develop
alternative strategies, whereas by leaving out any commitment on part of the
more populous third world countries who can ill afford to invest in cleaner
technologies, the situation may not change much a decade hence as
envisaged in the protocol. Moreover, there being no penalty clause in the
protocol, the developed countries can always go back on their word. Given
the large climatic, economic, and socio-political diversity that exists in today’s
world, the reluctance of some to abide by the protocol may not be surprising.
Already fear is being expressed as to the impact on industrial growth due to
cut backs in carbon emission. But any dithering now may prove to be too
costly in the long run. For global warming, if unchecked, would not spare any
nation. So it would be in the interest of all to read the writing on the wall and
act now.
1.2.9. SUMMARY
The various conference and summit, which were organized by united
Nations to protect the environment and sustainable development are covered.
Stockholm Summit, 1972, Rio Declaration, 1992, Convention on Climate
Changes, Conventions on Biodiversity, Forest principles and Agenda 21 are
organized by United Nations for protection of environment and sustainable
development. The Montreal protocol for depletion of ozone layer, Kyoto
summit, 1992 to curb green house gasses emissions are also organized
under the banner of United Nations.
1.2.10. KEY WORDS
Sustainable development
An improvement in human well-being that allows us to meet the needs
of the present without compromising the ability of future generations to meet
their own needs.
Biodiversity
Number of different species of organisms found in an area.
Conservation
Careful use and management of resources, so as to maximize the
benefit from them now and in the future.
Green house gases (GHS)
A gas in the atmosphere, which like the glass in a greenhouse, traps
part of the earth's heat and produces a warming effect. (CO2 produces 50%,,
CFC's 25%).
Chlorofluorocarbons (CFCs)
There are the compounds of carbon and halogens. There are several
CFCs, being used mainly as propellants in aerosol cans and as refrigerants in
refrigerators, deep freezers, air conditioners and also used in plastic foams.
There compounds are dissociated under ultra-violet radiation to release free
atoms of chlorine that can cause the depletion of ozone.
Climate change
Means a change of climate which is attributed directly or indirectly to
human activity that alters the composition of the global atmosphere.
1.2.11. SELF ASSESSMENT QUESTIONS
(1)
What are the main agenda of Stockholm Conference ?
(2)
Write down the key outcome of the RIO Earth Summit.
(3)
When and where the Biodiversity Convention was held and what
are its main objectives and targets ?
(4)
Describe the salient features of Biodiversity Convention.
(5)
What do you mean by Agenda 21 ? What are its objectives and
themes ?
(6)
How many countries signed to the convention “On Climate
Change” and what are its main objectives ?
(7)
What is Helsinky Declaration ?
(8)
Elaborate the major resolution adopted during Stockholm
Conference.
(9)
What are the Montreal Protocol ? When they are formed ?
(10)
Explain the salient features of Kyoto Summit.
1.2.12. SUGGESTED READINGS
1.
Bahuguna Sunderlal (1992) Chipko The People's movement with a
Hope for the survival of Humankind. In Environmental crisis and
sustainable development (Eds., Sunderlal Bahuguna, Vandana Shiva
and M.N. Buch), Natraj Publishers, Dehra Dun, India.
2.
Bishnoi, R.S. (1992). A Blue Print for Environment- A Surya
Publication, Dehra Dun, India.
3.
Dwivedi, O.P. (2001). Satyagraha for conservation Awakening the spirit
of Hinduism. In Environmental Ethics (Ed., L.P. Pqjman), Wadworth,
California, USA.
4.
Ignacimuthu, S. J. (1999). Environmental Ethics: In Environmental
Awareness and Protection. Phoenix Publication Pvt. Ltd., New Delhi.
5.
Bishnoi, K.R. and Bishnoi, N.R. (2002). Religion and environment Vol
II, GJU Publication, Hisar.
6.
Trivedy, R.K. (2004). Handbook of Environmental Law. Narosa, New
Delhi.
UNIT-II
PGDEM-06
MOVEMENTS & PUBLIC INTEREST LITIGATIONS FOR
ENVIRONMENTAL PROTECTION
Narshi Ram Bishnoi
STRUCTURE
2.0
OBJECTIVES
2.1
INTRODUCTION
2.2
BISHNOIS AND THEIR LOVE FOR TREE PRESERVATION
2.3
THE CHIPKO MOVEMENT
2.4
THE APIKO MOVEMENT
2.5
NARMADA BACHAO ANDOLAN
2.5.1 Environmental Consideration
2.5.2 Safety Consideration
2.5.3 Economic Viability
2.5.4 Rehabilitation Consideration
2.6
PUBLIC INTEREST LITIGATIONS
2.6.1
Illustrative cases of public interest litigation in respect to
environment protection and pollution control in India
2.6.1.1
Individual as Sufferer
2.6.1.2
Cases Filed By Voluntary Organisations
2.7
SUMMARY
2.8
KEYWRODS
2.9
SELF ASSESSMENT QUESTIONS
2.10
SUGGESTED READING
2.0
OBJECTIVES
After studying this unit, you will be able to:
•
Understand the role of various voluntary organizations and religions for
environmental protection.
•
Understand the role of judiciary to protect the environment.
2.1
INTRODUCTION
William Wordsworth said
"Then dearest Maiden, move along the shades
In gentleness of heart, with gentle hand
Touch for there is a spirit in the woods
These words were apparently said to his sister Dorothy but are meant
for the whole world in general. God is a great artist who has revealed His
craftsmanship through nature. We are part and parcel of nature. Contact with
nature is good both for our physical and mental health. Since we are nature's
children, the more we get nature's light and air, the more we keep in touch
with our mother earth. Those who live amidst natural surroundings are
healthier than those living in cities and slums, because nature provides them
everything needed for good health.
Economic, spiritual, medicinal and cultural benefits are provided by
forests to the health of our environment. Entire ecosystems are sustained in
the unique canopy environment of old forests. The many levels of a forest
ecosystem, with varying light and moisture, allow multitude of habitats to coexist in a small area and promote biodiversity. Trees help in cleaning the air,
supplying and purifying freshwater Trees improve soil; reduce erosion, flood
waters and mud slides. They work as natural barriers to wind, snow, rain and
intense sun in local areas. They also help to prevent droughts by maintaining
steady stream flow into drier seasons. Studies show that people in hospital
rooms affording a view of trees recover more quickly than those in rooms
without a tree view.
Trees are alive and have same power of feelings pleasure and pain as
we human beings have. They are our life and soul. The "woods" are an infinite
source of spiritual renewal and tranquil restoration. Forests with large trees
bring out deeper thoughts and wonderment that for some are the stuff of
religious experience. In India, as early as in the time of Rigveda, tree worship
was quite popular and universal. The tree symbolized the various attributes of
God to the Rigvedic seers. During the period of the great epics and Puranas,
the Hindus respect for flora expanded further. It is still popularly believed that
every tree has Vriksadevata, or tree deity, who is worshipped with prayers
and offering of water, flowers, sweets and encircled by sacred threads. Lord
Buddha described the tree as a “peculiar organism of unlimited kindness and
benevolence that makes no demand for its sustenance and extends
protection to all beings offering shade even to the man who destroys it".
Ahimsa Paramo Dhama ‘meaning’ non-violence is the highest religion',
is one of the central principles of Indian philosophy. Hence it was regarded as
a sacred duty to protect forests and all forms of life. This tradition was kept
alive by our great teachers and saints who preached these basic elements of
Indian culture in common languages. It is due to their teachings that Indian
history has witnessed the emergence of various movements to save natural
resources. Common men have come forward to lay down even their lives to
safeguard and protect trees. The Bishnois and the followers of Chipko and
Apiko movements have shown the world that trees are great assets on the
earth.
2.2.
BISHNOIS AND THEIR LOVE FOR TREE PRESERVATION
When one talks of North-West Rajasthan, the image of a treeless
waste of sand emerges before one's eyes. It is a continuous march of desert;
rainfall is very scanty, the soil is not fertile and the sand waves sweep across
the land farming sand hills. The only growing things are thorny shrubs, short
rough grass and an occasional shrubs, short rough grasses and an
occasional ber or babul tree. But surprisingly, even in this desert, if you come
across an old village with groves of well known 'Khejan trees’ undoubtedly you
are near a "Bishnoi village". 'Ein Nagari Bishnoi Vasai Rookhan Tani Niwas”,
meaning that where there live Bishnois, there live trees. It is a fact that
Bishnois followers of Guru Jambheshwar, known for their eco-friendly nature
have managed to preserve the ecology. Perhaps because of their eco-friendly
life, the Bishnois are more prosperous than other communities living in the
desert. It is due to their love for trees that they are eco-friendly even in their
death rites. Although they are strict Hindus, yet they do not burn their dead.
The dead bodies are buried to save precious wood and trees. Nature
conservation is not an easy job, yet life appears insignificant to a Bishnoi in
comparison to the protection of a tree. There is a saying that goes, "Sir
Saanthe rookh rahe to bhi sasto jaan'(if a tree is save from felling at the cost
of one's head, it should be considered a good bargain).
It is because of the protection provided by the Bishnois that their village
appears like oasis in the desert. Guru Jambheshwar said, "Hari Kankeri
Mandap Meri, Jahen. Hemara Basa”, which means, “I lived under the canopy
of green trees”, that is why Bishnois have stood shoulder to shoulder in the
protection of green-trees to such an extent never reached by other so far.
Their supreme sacrifices for trees are known as ‘Khadanna’. The first sacrifice
took place about 1650 of Vikrami Samvat, corresponding to 1593 AD at
village Tilvasani Tehsil Bilara in distt. Jodhpur, in which three Bishnois i.e.
Smt. Khiwani Khokhar, Smt. Netu Nain and Sh. Motaji Khokkar laid down their
lives to protect trees.
Secondly incident pertains to Ramdas of Nagaur who sacrificed his life
to save trees. It is narrated by Nanigdas in his saakhi, (Page 689, Volume-IIJambhoji, Bishnoi Sampradaya and Sahitya by Dr. Hira Lal Maheshwari).
Third sacrifice took place on Saturday, the second day of the dark
fortnight of the lunar month Jyestha in the year Samvat, 1661 of the Vikrami
Era, corresponding to the year 1604 AD at Ramasari now in District Jodhpur
in which Mrs. Karma and Mrs. Goran happily made supreme sacrificed their
lives and stopped tree felling.
The fourth sacrifice happened on the third day of the dark fortnight of
the lunar month of Chaitra of the year Samvat 1700 of Vikrami Era
corresponding to the year 1643 A.D. at village Polawas of Tehsil Merta Distt.
Nagaur where Buchaji Aichra laid down his life to save trees.
The most famous hair-raising sacrifice is of Khejarli, also known as
‘Khejarli ka khadanna’ which occurred at village Khejarli about 20km. South of
Jodhpur. It lasted about a week and ended o the 10th day of bright fortnight of
the lunar month of Bhado of the. Year Samvat 1787 of Vikrami Era,
corresponding to the year 1730 A.D., in which 363 Bishnois including old and
young men, women, newly married couple and children have made supreme
sacrifice of their lives to save green tree of Khejari. Maharaja Abhey Singh
was the contemporary ruler of Jodhpur. He wanted to construct a beautiful
palace ‘Phool Mehal’ of the famous red sand stones of Jodhpur for himself. It
required a lot of fuel. Limestone is quite abundant in this area, but it had to be
burnt before use which needed a lot of lime. Fuel was also not difficult to find
as Bishnois were living in many villages near Jodhpur and they had nursed
thousands of Khejari trees around their villages. Maharaja Abhey Singh’s
Dewan Girdar Dass Bhandari, took upon himself the task of arranging the
fuel. But his workers found that Bishnois would not let them touch the trees as
the cutting of green trees was violation of their religious creed. As per Saakhi
of "Khejarli ka khadanna" composed by Swami Gokal ji Beniyal, an eye
witness of the incident, the raged Dewan personally accompanied the workers
on horseback to Khejarli village and ordered the cutting of trees. The villagers
begged and pleaded for the protection of the trees which their ancestors had
nurtured over generations but the Dewan did not yield to their request. He
was determined to cut the fuel but more determined were the Bishnois to
safeguard the trees. The initiative was taken by the most determined Smt.
Amrita Devi the incarnation of Durga. She was the wife of Sh. Ramoji Khod &
mother of three' valiant daughters- AshuBai, Ratna Bai & Bhagu Bai. She
hugged the tree and offered her self to be cut first. The axe fell and her body
was cut into pieces. Her three daughters followed the footsteps of their mother
and gave up their lives. More and more Bishnois came forward to hug the
trees and offered themselves to be cut down with them. The news of this
massacre spread rapidly and thousands of Bishnois from near and villages
assembled to continue the struggle. A young Bishnoi of village Dhawa was
passing through village Khejarli along with his wife to his home for the first
time after marriage. Both of them laid down their lives. The hallowed places
where the young husband and wife sacrificed their lives are now marked by
two stones about three meters apart. It was not an act of instant zeal but a
movement which continued for over a week. It frightened Girdhar Dass and
his men. They returned to Jodhpur to report the happenings to Maharaja
Abhey Singh, who was shocked to hear such a huge sacrifice. He instantly
ordered to stop tree felling. Until now, 363 Bishnois-including old and young
men women, newly married couples and children had made supreme sacrifice
of their lives. The ruler assured Bishnois that their religious principles would
be respected in future and presented them a copper plate inscribed with these
orders.
"Cutting of green trees and hunting of animals within the revenue
boundaries of Bishnoi villages was strictly prohibited, any person found
violating this rule would be punished with a fine of rupees one hundred, any
violation of these order would be considered as an offence against the State”.
The royal decree has been honoured till after our independence, after
which it has been reinforced by other legislations under the forest
preservation and wild life conservation laws.
The record of the persons who gave away their lives at Khejarli is as
follows:
a)
Number of villages, residents of which made the
supreme sacrifice
49
b)
i) Number of males who made the supreme sacrifice
294
ii) Number of females who made the supreme sacrifice
69
Total
C)
363
Number of families from which
i)
Two members made the supreme sacrifice
56 i.e. 112 heads
ii)
Three members made the supreme sacrifice
19 i.e. 57 heads
iii)
Four members made the supreme sacrifice
6 i.e. 24 heads
iv)
Five members made the supreme sacrifice
6 i.e. 30 heads
v)
One member made the supreme sacrifice
140 i.e. 140 heads
(or case of incomplete information)
Total
d)
Number of husband and wife pairs, who made the
supreme sacrifice
363
36 i.e. 72 heads
e)
In one case, members of three-generation viz. a grandmother, their three
daughters, their one son and his wife and three grandsons (i.e. sons of the
son) made the supreme sacrifice five from the grand parent’s (excluding the
son) & five from the son’s family.
2.3. THE CHIPKO MOVEMENT
The chipko movement which was started in 1973, in the town of
Gopeswar in Chamoli, district (Uttaranchal, India), villagers formed a human
chain and hugged the earmarked trees to keep them from being felled for a
nearby factory producing sports equipments. The same situation later
occurred in another village, when forest contractors wanted to cut trees under
License from the Government Department of Forests. Again in 1974, women
from the village of Reni, near Joshimath in Himalayas, confronted the loggers
by hugging trees and forced contractors to leave Since then, the Chipko
Andolan" led by Dasholi Gram Swarajya Mandal. (DGSM) workers has grown
as a grassroots eco-development movement. Their slogan was
"Embrace the trees, save them from being felled,
the property of our hills, save them from being looted".
The genesis of the chipko movement is not only in the ecological or
economic background but in religious belief. Villagers have noted how
industrial and commercial, demands have denuded their forests; and how
floods continuously play havoc with their small agricultural communities.
Villagers, once self-sufficient in food, were forced to import food as a
result of declining forest food productivity. The soil fertility in the forests
decreased and water sources began to dry up. The unusual floods destroyed
many human lives.
The religious basis of the movement is evident in the fact that it is
inspired and guided by women. Women have not only seen how their men
would not mind destroying nature in order to get money while they have to
walk miles in search of firewood, fodder and other grazing materials, but being
more religious, they also are more sensitive to injunctions such as ahimsa.
The chipko movement is a kind of feminist movement to protect nature from
the greed of men. In the Himalayan areas, the pivot of the family is the
woman. It is the woman who worries most about nature and its conservation
in order that its resources are available for her family's sustenance. On the
other hand, men go away to distant places in 'search of jobs, leaving women
and old people behind. These women also believed that each tree has a
"Virksadewata” (tree god) and that the deity “Van devi” (the Goddess of
forests) will protect their family welfare. They also believe that each green tree
is an abode of the Almighty God "Hari".
2.4
THE APIKO MOVEMENT
The Apiko movement began in September 1983, in Karnataka state;
when 163 men, women and children hugged the trees and forced the
lumberjacks to leave. That movement has created an awareness regarding
the ecological destruction throughout the Western Ghats.
These people were against the kind of commercial felling of trees
which clears vegetation. They were against indiscriminate cutting of trees
cleaning and would to see a cumulative process established so that local
people are able to participated in timber management.
Similarly Kerala Sastra Shitya Parishad (KSSP) had launched a
campaign against Silent valley hydro-electric project in the early 1980s in
Kerala. It successfully saved a genetically rich and one of the last remaining
rain forests in Kerala from being submerged.
2.5
NARMADA BACHAO ANDOLAN
This movement was launched to oppose the Sardar Sarovar Project on
Narmada in the State of Gujarat India. The environmentalists and activists
have raised their objections time and again against the project on following
major lines viz (i) environmental consideration (ii) safety issues (iii) economic
viability and rehabilitation consideration.
2.5.1 Environmental Consideration:
The environmental groups, activists, and voluntary social organizations
are of the opinion that the Sardar Sarovar Project will cause more
environmental
degradation
and
ecological
imbalance,
because
of
submergence of hundreds of square kilometers of natural ecosystem.
According to them, the following environmental problems will arise from the
project.
About 42,061 hectares of forest land in Gujarat; Madhya Pradesh and
Maharashtra will be lost due to submergence by reservoir water. Thus the rich
natural forest and many plant species will disappear.
b)
Submergence of forest land will cause ecological disaster because the
region will loss several native species of wild life. Infact the destruction
of natural habitats native animal species, because of submergence
would cause species extinction.
c)
The water logging resulting from canal irrigation in the coastal district of
Gujarat would cause the problem of salinization.
d)
The stagnant water of reservoirs and water logging due to canal
irrigation would spread water borne diseases (e.g. malaria) in the
surrounding areas.
2.5.2 Safety Consideration
There is every likelihood that hydrostatic pressure of enormous volume
of water of the reservoirs would destabilize the rocks below and thus would
cause severe earthquake which may inflict severe damage to the dam
resulting into structure failure because the region is already seismic prone.
2.5.3 Economic Viability
Economically the projects are not viable because environmental losses
mainly due to submergence of larger areas of forest covers amounting to
Rs.40,000 crores ( i.e. Rs.33,000 crores, from Narmada Sagar Sarovar
project and Rs.7,000 crores from Sardar Sarovar Project ) would prove
uneconomic if the benefits are compared with cost and losses. Besides this,
the rapid rate of siltation of reservoirs would be substantially reduced the
utility of the project.
2.5.4 Rehabilitation Consideration
Creation of large Sardar Sarovar and consequent submergence would
cause displacement of a large number of tribal populations. The tribals when
rehabited in other areas of totally different environmental and ecological
conditions will lose their age old rich cultural heritage.
The Environmentalists and critics are averse to big dams. The "doubt
the usefulness of technology for the construction of high dams such as Sardar
Sarovar and Tehri dams mainly in the areas of high seismicity. They thus,
plead for the abandonment of the existing Narmada Valley Project including
both projects viz. Narmada Sagar Project [NSP] and Sardar Sarovar project
[SSP]
2.6
PUBLIC INTEREST LITIGATIONS
Public Interest Litigation (PIL) means a legal action initiated in a Court
of Law for the enforcement of public interest or general interest in which the
public or a class of the community has pecuniary interest or some interest by
which its legal rights or liabilities are affected. The PIL under the present
Indian conditions is a strategic arm of the legal aid movement and it is
intended to bring justice within the reach of the poor masses. In P.V. Kapoor.
V. Union of India-(1992,Cr.L.J.128) the Delhi High Court observed:
“Public Interest Litigation is a new brand of litigation which is not meant
to be adversial in nature. It is intended to vindicate public interest where
fundamental and other rights of people 'who are poor, ignorant or are in a
socially or economically disadvantageous position, go unredressed. PIL is
meant to be a co-operative and collaborative of effort of the parties and the
court to secure justice for the poor and the weaker sections of the
community”.
Supreme Court of India framed certain guidelines for entertaining
letters/ petitions as PIL. These guidelines are followed by the high Courts. As
per guidelines, letters/petitions falling under 10 different categories as
described by P. Bhaskara Mohan (AIR 1993 Journal 17) will ordinarily be
entertained as PIL. This includes the petitions pertaining to environmental
pollution, disturbance of ecological balance, drugs, food adulteration,
maintenance of heritage and culture, antiques, forest and wildlife and other
matters of public importance.
2.6.1
Illustrative cases of public interest litigation in respect to
environmental protection and pollution control in India
2.6.1.1 Individual as Sufferer
Municipal Council, Ratlam v. Vardhichand: In the instant case, Shri
Vardhichand (respondent) resident of Ratlam filed a complaint under Section,
133 of Cr. P.C. alleging that the municipality failed to prevent the discharge
from the nearby alcohol plant into the public street (Nala) and to provide
sanitation facilities on the road. The Supreme Court held that discharge of
effluents by big factories is harmful to the poor people health, sections is a
challenge to the social justice component of the rule of law. A responsible
municipal council constituted for precise purpose of preserving public health
cannot run away from its principal duty by pleading financial inability. The
Supreme Court affirmed the Magistrate's order giving directions to the
Municipality of Ratlam to draft a plan within six months for removing nuisance.
In this case, Justice Krishna Iyer observed that:
"Social justice is due to the people, and therefore, the people must be
able to trigger off the jurisdiction vested for their benefit to any public
functioning.”
He recognized PIL as a Constitutional obligation of the courts. This was
remarkable decision of the Supreme Court which gave a new life to Section
133 of the Cr. P.C. and transformed it into potent weapon in fighting
environmental pollution.
The Magistrate's responsibility under Section 133 of Cr.P.C. is to order
removal of such nuisance within a time to be fixed in the order. Failure to
comply with the direction will have to face the punishment, contemplated by
Section 188 of I.P.C. Therefore, the Municipal Commissioner or other
executive authority bound by the order under Section 133 of Cr. P.C. shall
obey the directions because disobedience, if it causes disturbance or
annoyance or injury to any person, shall be punished with simple
imprisonment or fine as prescribed in the section. The offence is aggravated if
the disobedience tends to cause danger to human health or safety. The
imperative tone of Section 133 of Cr. P.C. read with the punitive tone of
Section 188 of I.P.C makes the prohibitory act a mandatory duty.
T. Damobdhar Rao v. S.O. Municipal Corporation, Hyderabad. (AIR
1986 GUJ. 49): A resident of the Hyderabad City filed a writ petition in the
Andhra Pradesh, High Court against the Municipal Corporation as he was an
affected party. If the recreational park is scrapped and houses are built on the
land, it would cause ecological imbalance. It therefore, becomes the legitimate
duty of the court as the enforcing organ of constitutional objectives to forbid all
action of the state and the citizens from, upsetting the ecological balance. The
object of reserving certain area as a recreational, zone would be utterly
defeated if private owners of that land in that area are permitted to build
residential houses. It must, therefore, be held that the attempt of the Life
Insurance Corporation of India and the Income tax Department to build
houses in area reserved under the master plan for parks is contrary to law
and contrary to Article 21 of the Constitution which enshrines the 'right to life'
as a fundamental right. The Court held that
"The enjoyment of life and its attainment and fulfillment guaranteed by
Article 21 of the Constitution embraces the protection and preservation of
nature's gifts without which life cannot be enjoyed. The slow poisoning caused
by environmental pollution and spoilation should also be regarded as violation
of article 21”.
Accordingly, Justice P.A. Choudhary allowed this writ petition and
directed a mandamus to be issued forbidding the L.I.C. of India and Income
tax Department, Hyderabad from raising any structures or making any
constructions or otherwise using the land referred to above for residential
purposes.
M.C. Mehta v. Union of India (AIR 1987 SC 965): A writ petition was
filed in the Supreme Court by Advocate M.C. Mehta against the oleum gas
leakage from one of the units of Shriram Food and Fertilizers Industries
belonging to Delhi Cloth Mills Ltd. The incident took place at about 10 a.m. on
December 4, 1985 resulting into the death of an advocate practicing in Tis
Hazari Court and illness of several other persons. The petitioner, who was not
sufferer but a public-minded individual, alleged the infringement of right to life
of several thousand people due to severe pollution and hazardous activity of
Shriram Food & Fertilizers, manufacturing oleum and chlorine, situated in the
heart of the city of Delhi. He approached the Court by way of a writ.
Petition under Article 32 of the Constitution, the Air Act 1981 and Water
Act 1974 did not contain any provision for compensation to those affected by
pollution. The offences under the Acts are punishable as crimes but did not
cost civil liability in case of damages or losses caused to the environment and
to people and life, health and property. The Supreme Court took up the case
on priority basis and ordered for the closure of the unit.
In the instant case, Supreme Court declared the law of strict and
absolute liability and held that an enterprise which was engaged in any
hazardous or inherent dangerous industry which could pose a threat to public
health and safety of the person in or outside the factory or residing in the
neighbourhood owned an absolute and nondelegatable duty to the community
to ensure that no harm resulted to any one should conduct its hazardous and
inherently dangerous activity with highest standard of safety. If any harm
would be caused, the enterprise would be absolutely liability compensate for
it. The enterprise would not be able to plead that it took all reasonable care
and that harm occurred without any negligence on its parts.
The Court directed the industry to deposit Rs.20 lacs by way of
payment compensation for the claims to be made by the affected persons.
Certain restrictions were imposed by the Court for safeguarding that the
incident may not happen in future, and even if it happens, responsibility could
be fixed on a particular person who may be found negligent in his act, and to
see that all possible safety devices measures are undertaken.
Another PIL (AIR 1996 SC 1997) Mr. M.C. Mehta approached the
Court seeking directions to the Haryana Pollution Control Board to control the
pollution caused by the stone crushers, pulverises and mine operators in the
Faridabad, Balabgarh area to preserve environment and control pollution
within the radius of 5 km from the tourist resorts of Badkal lake and
Surajkund.
In the instant case the court held that in order to preserve environment
control pollution within the vicinity of the two tourist resorts it is necessary to
stop mining in the area. The court directed:
•
That there shall be no mining activity within the 2 km. radius tourist
resorts of Badkal and Surajkund. All the mines which fall within the said
radius shall not be reopened.
•
That the Forest Department of the State shall undertake to develop
green belts as recommended by NEERI with immediate effect that all
the mine operators shall be given notices to implement the
recommendation of NEERI failing to comply with the recommendations
may result the closure of the mining operations.
•
That no construction of any type shall be permitted now onwards within
5 km. radius of the Badkal lake and Surajkund. All open areas shall be
converted into green belts.
•
That the mining leases within the area from 2-5 km. radius shall not be
renewed without obtaining prior "no objection" certificate from the State
Pollution Control Board.
In PIL, AIR 1997, SC 734, AIR 1999 SC 3192 to protect Taj Mahal
of
Agra from deterioration and damage caused due to atmospheric and
environmental pollution. Mr. Mehta approached the Court under Article 32 of
the constitution. In the instant case, Court under constitutional provisions of
Articles 21, 48A, 51A(g) and 47 issued directions to 292 coke/coal using
industries located in Taj trapezium to change over to natural gas as industrial
fuel within fixed time schedule or stop functioning or be relocated to some
other suitable areas. Rights and benefits of workmen, employed in industries
to be closed/relocated are to be protected under the provisions of Industrial
Disputes Act 1947.
"The precautionary Principle and the Polluter Pays principle as
accepted in Vellore Citizens Welfare Forum v. Union of India" shall be
applicable in the above said case”.
Kinkari Devi State of Himachal Pradesh (AIR 1988 HP 4): In the instant
case, Himachal Pradesh High Court on the initiative of a resident of the area
declared that the court can issue suitable writ, order or direction including
direction as to closure of the mine to protect natural wealth and environment
from hazardous effects of indiscriminate mining operations in furtherance of
constitutional goal as enshrined in Article 5 1 -A(g) and 48-A.
This was the first case of its own kind in the State involving issues
relating to the environmental protection and ecological balance. The petition
was filed in the High Court on the basis of an article published in a newspaper
on the problem of quarrying in paonta Sahib in Sirmaur district of Himachal
Pradesh, which resulted in the Court's order to stop the destruction of the hills.
Rajiv Ranjan Singh alias Lallan Singh v. State of Bihar (AIR 1999
Patna 86) M/s Shiv Shanker Chemical Industries Pvt. Ltd. situated within
Jagdishpur block at a distance of about 15 km from Bhagalpur town, is
engaged in the production of ethyl alcohol. It had been discharging wastes
and sewage. In the PIL under Article 226, by a social worker, it was Alleged
that the discharge, in addition to the obnoxious fumes and odours emanating
from the distillery, was contaminating the water resources and polluting the
environment and thereby seriously affecting not only crops and cattle but also
the health and well being of the inhabitants of the area. It was said that such
toxic discharge from the chemical factory was in complete contravention of
the statutory provisions of Water (Prevention and Control of Pollution) Act,
1974 (Sec. 16, 17), Air (Prevention and Control of Pollution) Act, 1981
(Sec.22) and Environment (Protection) Act, 1986, (Sec.3, 5).
In this case, the High Court on the basis of expert committee’s report
permitted the said distillery to restart its manufacturing process with adequate
safeguards in terms of a scheme framed by it. The Court, further directed that
in case of ailment caused to any person due to effluent discharged; the
company shall have to bear all expenses of his treatment and the question of
awarding suitable compensation to the victim may also be considered.
2.6.1.2 Cases Filed By Voluntary Organisations
Rural Litigation and Entitlement Kendra v. State of U.P. This is the first case
of its own kind in the country involving issues relating to environment and
ecological balance. The catchment area of Yamuna river, is spread over the
Mussoorie Hills otherwise known the Doon Valley. The Doon Valley used to
receive sumptuous rains during the season while tree roots helped the water
to be stored the lime stone mines operated as aquifers. The stored water
released in an continuous process and the streams even, without the support
of melting snow, provided perennial supply to Yamuna. Assured of such
supply, the twin cities off Mussoorie and Dehradun grew up lower down,
hundreds of villages and small towns had also sprung up.
The case was initiated through a letter which was addressed by Rural
Litigation and Entitlement Kendra (R.L.E.K.), a voluntary organization of
Dehradun to the Supreme Court. The Court treated this letter as a writ petition
and issued notices to the States of U.P. The D.M. of Mussoorie and the
Superintendent of Police were directed to stop the quarrying operations in
Mussoorie hill 'area. In as many as four reported judgments/orders, the
highest court has highlighted the gravity of the problem and the necessity of
regulatory measures being undertaken so as to bring about a proper balance
between the conservation of natural resources and the protection of the
environment and the ecology on the One hand, and the need for development
and of the industrial growth of the country on the other. The problems which
ordinarily arise on account of the erratic, irrational and uncontrolled mining
operations of limestone were highlighted in the said case.
In fact, the unscientific and uncontrolled limestone quarrying operations
spread over the entire 40 km belt on the Mussoorie slopes, endangered the
delicate ecological balance resulting in ugly scars, excessive debris flow,
drying up of water streams and perennial streams and rivulets and
deforestation.
Justice Ranganath Mishra, who delivered the judgment on behalf of the
bench, observed:
“Preservation of the environment and keeping the ecological balance
unaffected is a task which not only Governments, but also: every citizen must
undertake. It is a social obligation and let us remind every India citizen that it
is his fundamental duty as enshrined in Article 51 -A (g) of the Constitution”
Thus, in the, instant case, the right to access to justice of the voluntary
organizations as put on a firm footing. Also, it was declared to be fundamental
duty created by the Constitution under Article 51A(g) to bring such cases
before the court (71) of law. The Court in appreciation of the services of the
R.L.E.K., Dehradun directed the State of U.P. to pay a sum of Rs. 10,000 as
cost of the proceedings (AIR 1987 SC 359).
Vellore Citizens Welfare Forum v. Union of India (AIR 1996, SC 27 15)
This PIL has been filed by Vellore Citizens Welfare Forum against the
pollution caused by enormous discharge of untreated effluent by the tanneries
and other industries in the State of Tamil Nadu. It is stated that the tanneries
are discharging untreated effluent into agricultural fields, Roadsides,
waterways and open lands. The untreated effluent is finally discharged in river
Palar which is the main source of water supply to the residents of the area.
According the petitioner, the entire surface and subsoil water of river Palar
has been polluted resulting in non-availability of potable water to the residents
of the area. It has been further stated in the petition that the tanneries use
about 170 types of chemicals in the chrome tanning processes. Nearly 35
litres of water is used for processing one kg of finished leather, resulting in
dangerously quantities of toxic effluents bring let out in the open by the
tanning industry. These effluents have spoiled the physio-chemical properties
of the soil and have contaminated ground water by percolation.
In the instant case Supreme Court issued comprehensive direction for
maintaining standards stipulated by pollution control board. Further Supreme
Court directed the High Court of the State to constitute special bench "Green
Bench" to deal with the case and other environmental matters. The directions
issued by the Court are as
•
The
Central Government shall constitute an authority under Section
3(3) of the Environmental (Protection) Act, 1986 and shall confer on the
said authority all the powers necessary to deal with the situation
created by the tanneries and other polluting industries in the State' of
Tamil Nadu.
•
The authority so constituted by the Central Government shall
implement the “precautionary principle" and the “polluter pays
principle". The authority shall, with the help of expert opinion assess
the loss to the ecology/environment in the affected areas and shall
identify the individuals/families who have suffered because of the
Pollution.
•
Compensation shall be computed under two heads, namely, for
reversing the ecology and for payment to sufferers.
•
The authority shall direct the closure of the industry by a polluter in
case he evades or refuse to pay the compensation awarded against
him.
Court further imposed pollution fine of Rs.10,000/- each on all the tanneries of
the area and directed state of Tamil Nadu to pay Rs.50,000/- towards legal
fee and other out of pocket expenses to Mr. M.C. Mehta, who has assisted
the Court.
2.7 SUMMARY
Mahatma Gandhi said "Earth provides enough to satisfy everyman's need but
not everyman's greed." So we have to consider not only our own well-being
but also the well being of future generations. We ought to setup goals for
sustainable development which can satisfy the needs and values, attitudes,
behaviours and life-styles and where necessary to alter them to ensure our
survival. The hope ultimately is with the strength and power of people's
movements and the role of judiciary, which will translate into national and
international polices. So we have to establish harmonious relationship with
nature. If all of us join hands with the Bishnois and the followers of Chipko and
Apiko movements in their conservation efforts, it is certain that we can recloth
the earth with green cover. Really, planting a tree expresses faith that there
will be a tomorrow. We must share this hope with our children. Ruskin Bond
has rightly said
“Grandmother often said:
'Blessed is the House upon whose walls,
the shade of an old tree softy falls.
We have no tree near our cottage,
So I planted one last spring
It is Six months old now,
And growing fast,
In six years’ time there will be blessing”.
2.8
KEY WORDS
Public Interest Litigation
A legal action initiated in a court of Law of the enforcement of public
interest or general interest in which the Public or a class of a community have
pecuniary interest or some interest by which their Legal rights or liabilities are
affected.
Environmental Justice
Combines civil rights with environmental protection to demand a safe,
healthy, life-giving environment for everyone.
2.9
SELF ASSESSMENT QUESTIONS
1.
Why, when and where Chipko movement started?
2.
Why, when and where Khejarli ka Khadanna episode occurred?
3.
Who had started the Apiko movement and why?
4.
Describe the sacrifice made by Bishnoi community to save the trees.
5.
What is the role of Judiciary to protect the environment.
2.10
SUGGESTED READING
1.
Bahuguna Sunderlal (1992) Chipko The People's movement with a
Hope for the survival of Humankind. In Environmental crisis and
sustainable development (Eds., Sunderlal Bahuguna, Vandana Shiva
and M.N. Buch), Natraj Publishers, Dehra Dun, India.
2.
Bishnoi, R.S. (1992). A Blue Print for Environment- A Surya
Publication, Dehra Dun, India.
3.
Dwivedi, O.P. (2001). Satyagraha for conservation Awakening the spirit
of Hinduism. In Environmental Ethics (Ed., L.P. Pqjman), Wadworth,
California, USA.
4.
Ignacimuthu, S. J. (1999). Environmental Ethics: In Environmental
Awareness and Protection. Phoenix Publication Pvt. Ltd., New Delhi.
5.
Bishnoi, K.R. and Bishnoi, N.R. (2002). Religion and environment Vol
II, GJU Publication, Hisar.
6.
Trivedy, R.K. (2004). Handbook of Environmental Law. Narosa, New
Delhi.
PGDEM-06
UNIT - III. ETHICS AND ENVIRONMENTAL CRISIS
Narsi Ram Bishnoi
STRUCTURE
1.0. OBJECTIVES
1.1. INTRODUCTION
1.2. DEVELOPMENT AND ENVIRONMENT
1.3. THE BASIS OF ENVIRONMENTAL ETHIC
1.3.1. The Ethics of population control
1.3.2. Life boat ethics
1.3.3. Biocentric Ethics : Human Centred Ethics
1.3.4. Eco centrism: The Land Ethic
1.3.5. Deep ecology
1.4. WESTERN VERSUS EASTERN VIEW ON ENVIRONMENTAL ETHICS
1.5. DEVELOPING OF NEW ETHICS
1.5.1. Green thinking and action
1.5.2. Change in life styles and attitudes
1.5.3. Change in directions
1.5.4. Don’t lose Hope, Be Optimistic
1.5.6. Environmental education
1.5.7. Some Moral and Practical suggestions
1.6. CONCLUSION
1.7. SUMMARY
1.8. KEY WORDS
1.9. SELF ASSESSMENT QUESTIONS
1.10. SUGGESTED READINGS
1.0. OBJECTIVES
•
To develop new environmental ethics which concerns
to the
humanity's relationship to the environment, its understanding and
responsibility to nature.
•
Understand Western versus Eastern view of environmental ethics.
2
•
Understand the basic changes in human thoughts with development
of new technologies and industrial growth
1.1. INTRODUCTION
Human beings have lived on earth for about one lakh years, a very short time in
relation to the age of universe (15 billion years) or even to the life of our planet (4.6
billion years). Civilization developed only ten thousand years ago. Yet in a very short
time, say less than two hundred years, humans constituting merely 0.000002% of
earth’s life, have become capable of seriously altering the entire biosphere. In some
respects, we have already altered it more profoundly than that has changed in past
billion years (Pojman, 2001).
Now environmental concerns are global issues. The automobile kills lots of
people throughout world every year. It produces air pollution that contaminates the
atmosphere, causing global warming. The chlorofluorocarbon (CFCs) which we use in
refrigerators and air conditioners, breaks down the ozone layer and affects everyone in
the world. Nuclear power could provide safe, inexpensive energy to the world, but
instead it has been used to exterminate cities and threaten a global holocaust. A nuclear
disaster can cause radiation fall, that spread thousands of miles from its source. It is
estimated that at least fifty thousand species go extinct each year, and three fourths of
the world’s bird and a quarter of the world’s mammalian species face extinction (Flavin,
1997). Still worse, this rate of extinction could be accelerated by rapid climate change.
This climate change is being accelerated by increasing carbon dioxide levels in the
atmosphere, an increase which humankind has significantly contributed to, especially by
the industrial scale burning of both fossil fuels and tropical rainforest (Davies 1998).
We need to understand each other, if for no other reason than enlightened selfinterest. But a nobler motive is the quest for an international environment ethic, which
concerns itself with these global concerns: the humanity’s relationship to the
environment, its understanding and responsibility to nature and its obligation to leave
some of the nature’s resources to future generations. Environmental ethics have to sharp
the judgment of a person not to jeopardize the health and security of other fellow beings
for the sake of material and political gains.
1.2. DEVELOPMENT AND ENVIRONMENT
3
The 20th century may rightly be called as the era of development, because during
this period, the world economy has expanded from $ 4 trillion in output in 1950 to more
than $ 20 trillion in 1995. In just the 10 years from 1985 to 1995 ; it grew by $ 4 trillion
more than from the beginning of civilization until 1950.
Industrial development
brought two basic changes in human thought : (i) nature is a commodity over which
human beings have birth right of exploitation ; and (2) Society is only for human
beings. This became the basis of development with economic growth. When the
objective of development became affluence and prosperity man became the butcher of
nature.
He misused the power of science and technology and caused maximum
exploitation of the resources of the earth. We become the rich children of a poor
mother.
The process of development has brought with it dust, smoke and noise. Carbondioxide and other foul gases have spread in the atmosphere. Oxides of nitrogen and
sulphur have caused, acid rains. Forests have been disappearing and the lakes have
become dead. Water from rivers is not even fit to bathe in, not to speak of drinking it.
The sight of an open and clean sky has become a dream. Consequent upon this large
scale environmental degradation voice to protect the environment was raised.
Consequently the United Nations organized the first conference on Environment in
Stockholm in June, 1972.
The other aspects of environmental pollution is the depletion of resources at an
alarming rate. There has been a miraculous rise in the foodgrain production between
1950 and 1990. It almost trebled from 631 million tonnes in 1950 to 1780 million
tonnes in 1990. The production of meat went up to 2.6 times and that of fish five times.
The Green Revolution is mainly based on chemical fertilizers and hybrids seeds whose
water needs are very high. In order to meet their needs ground water is being drawn on
a big scale. In Ludhiana district of Punjab, the heaven of the Green Revolution – the
water table in tubewells is going down at the rate of 0.80 metres a year. In Maharashtra
– sugarcane has drained all the ground water. Canal irrigation has brought the salts on
the surface and water-logged area has increased. In India 34 percent of irrigated land is
the victim of salinity and waterlogging. Two million hectares of saline land has already
gone out of production. Besides this, soil erosion is eating up the fertility of the soil.
4
Centuries old natural forests are disappearing fast. The loss of biodiversity is an
irreparable loss to the whole planet. Food production has been directly affected by
deforestation because forests are the mothers of rivers. We have been trapped in a
vicious circle of floods and drought. To solve these problems big dams of more than 15
metres height all over the world was 5,000 in 1950, but now it is over 38,000. Since
dams were regarded as the only solution to the problems of drinking water and
irrigation.
The poorer countries not only spend their hard-earned money in dam
construction but also take loans from rich countries for these projects. Dams are a
temporary solution to the permanent problems of energy and water.
One of the main cause of deforestation has been mining. The forests of Goa,
M.P., Rajasthan, Bihar and Orissa have been destroyed by the mining of metals and
minerals.
Domestic use of water goes up along with urbanization. The urban-dwellers
uses ten times more water than an ordinary villager. Thus cities drink more water and
polluted it too. Not a single river in India flows with pure water worth drinking. Ganga
which is regarded as the most sacred river and whose water is famous for miraculous
qualities has turned into a dirty nullah. Yamuna too has become absolutely dirty.
Industries are responsible for killing the rivers ; industrial effluents all flow
down to the rivers. Some years ago, the Ganga caught fire in Barauni due to the spills
of oil in it. All the effluent of leather factories in Kanpur flow into the Ganga. Not only
rivers but the ground water has also been polluted by the chemical industries,
distilleries, dye factories etc. Inorganic agriculture which necessarily uses chemical
fertilizers and pesticides contributed to this form of pollution. The Earth is a victim of
the onslaughts of the materialistic civilization, the oceans too have been invaded. The
oceans have become the dumping grounds of pollution and even of radio-active nuclear
waste. Sewage from cities freely flows into the sea.
Development with economic growth widens the gap between the rich and the
poor. At the end of the first decade of development in 1960, the ratio between the
income of 20 percent of the richest was 1 : 30, but after three decades in 1991 it
becomes 1 : 61. But this is the poor and rich countries so far as individuals are
concerned it is 1 : 50.
5
We have seen that due to the exploitative production system, not only are the
deposit of non-renewable resources being depleted fast ; but the renewable resources of
water, forests and land are also on the decline due to over-exploitation. We are eating
the capital which cannot be re-created. Glaciers the permanent store-houses of water
are receding at an alarming pace. The rate of recession of Gangotri glacier during last
century was 7.331 metres a year. During the recent years it has gone up to 200 metres a
year.
The ground water level is lowering ; erosion, salinity, water logging and the
expansion of deserts, the degradation of land is visible. Thus this existing pace of
development cannot continue and this is not sustainable development.
Only 20 percent people of the world enjoy the luxurious life style due to this
development, whereas the same number of people have no proper habitats, nutritional
food is a far off dream for them. They have even no access to the safe drinking water.
Many species of flora and fauna are becoming extinct fast, 40 percent terrestrial
resources of the planet are being used by only one species, the Homo sapiens. Since
there is inter-dependence between all forms of life, so even the human being will not be
spared from the adverse effects of the extinction of species under these circumstances, it
is important to redefine development or present a clear picture of real development.
1.3. THE BASIS OF ENVIRONMENTAL ETHIC
Environmental ethics is a branch of philosophy concerned with the moral
relation between human and the natural world. We must embrace a new philosophy and
a
new ethic that we must learn to live more closely in harmony with natural
environment and that our activities must foster that harmony. It is implicitly assumed
that values of human health and environmental protection have more importance than
our social values.
Environmental deterioration, ecological disasters and decay of the spirit are
inevitable, if we let scientific technology continue on its present course. Many societies
in the past have committed themselves to a course that eventually led to their
destruction (like Roman civilization). Similarly, ours will experience catastrophe if it
remains obsessed as it is today with the production of more power and more things.
What is needed today is to remind ourselves that nature cannot be destroyed without
mankind, ultimately being destroyed itself. With nuclear weapons representing the
6
ultimate pollutant, threatening to convert this beautiful planet of ours into a scorched
cinder unable to support even the most primitive life-forms, mankind is finally forced to
face dilemma.
The emergence of the environmental crisis promoted the rise of the green
movement. The rise of the green movement was accompanied by the development of
new environmental ethics, such as the ethics of population control, Bio-centric ethics,
Eco-centric ethics and Deep ecology.
1.3.1. The Ethics of population control
Ehrlich warned that the exponentially increasing population of the world would
cause an increase in poverty, hunger and environmental deterioration, as billions of
people devastated the remaining resources. He argued that it was impossible for
agricultural production to sustain growing populations indefinitely. As he reasoned “A
cancer is an uncontrolled multiplication of cells, the population explosion is an
uncontrolled multiplication of people. Treating only the symptoms of cancer may make
the victim more comfortable at first, but eventually he dies- often horribly. A similar
fate awaits a world with a population explosion if only the symptoms are treated”.
As possible solutions, Ehrlich suggested a change in tax laws, so that taxes
would increase instead of decrease with additional children, as well as a national policy
encouraging contraception, laws permitting abortion and distribution of information and
birth control devices. He opposed the short of recommending compulsory birth control,
but acknowledged that many of his colleagues felt that it might be necessary. Ehrlich
recognized that an official government programme for birth control would interfere with
the people’s supposed right to have as many children as they want. He saw the need for
an ethic that recognized the dangers of over population and that held that humans had a
moral duty to limit themselves.
Meadows et al 1992 examined the relationship between population, capital,
production and pollution in the light of the planet’s capacities to remain habitable. The
model suggested that the exponential growth of population generated an exponential
demand for food, but supply of food depends on land, water, fertilizer and agricultural
machinery, which depend in turn on capital growth and nonrenewable resources, of
which there is a finite stock. The study concluded that the factors of growth are
7
interrelated such that exponential growth as a whole becomes a threat to the planet’s
survival.
With the advent of science and technology era, the theory of Malthus that food
only increases in mathematical progression, gets defeated. But if it is looked with the
angle of the population growth vs depletion of natural resources, then what Malthus has
predicted might come true in near future.
India accommodates about 16% of the world’s population on just 2.4% of the
world’s land area with mere 1.5% of the world’s income. Even this present status is
further getting deteriorated by still over-increasing population. With present growth rate
of 2.11%, we are adding 1.80 crores individuals every year and almost 35 individuals
per minute (Dwivedi, 1997).
1.3.2. Life boat ethics
Hardin (1974) in his famous “Life boat ethics” refers to ethics that would be
adopted when lifeboat space was insufficient to accommodate all passengers from a
sinking ship a situation such as occurred when the Titanic sank in the North Atlantic.
The rich nations of the world may be thought of as life boats with moderate
numbers of rich persons on board, while the poor countries are much more crowded
lifeboats. The poor ,says Hardin, continuously fall out of their lifeboats, swim for a
while in the water outside and hoping to be admitted to a rich lifeboats. The ethical
dilemma is that what should the passengers on a rich lifeboat do? Whether the
passengers on the less crowded boat should help the swimmer or allow for admission to
boat; like the Land of every nation, each lifeboat has only a limited carrying capacity. If
one follows Christian or Marxist ethics, we are bound to admit everyone to the boat
since the needs of those inside and outside the boat are the same. Doing so, the boat is
swamped and everyone drowns “complete justice complete catastrophe”.
Hardin’s proposed solution is to protect the survival of those on board, preserve
the “safety factor” and admits no more people to the rich boats. He justifies this
solution by explaining that if rich nations gave resources to poor ones or admitted many
of their people through generous immigration policies, then disaster would eventually
strike the countries. The prolific passengers would swamp the life boat.
Hardin claims, if poor countries are “bailed out” whenever there is an
emergency, they will not learn from their experience. As Hardin explains, if their
8
emergencies are not met by outside help, their populations will drop back to the
carrying capacity of the land. Relief from the outside ultimately hurts poor nations
because it escalates population. The input of food thus acts, he says, the pawl of a
ratchet “preventing the population from retracting”.
Hardin’s words sound cold and inhuman, for they show no pity and recommend
no help to the starving million at our door. But in the view that it is more ethical to save
a small population for a long time more in humane than the attempt to help everyone,
only to have total disaster shortly thereafter.
1.3.3. Biocentric Ethics : Human Centred Ethics
Biocentric ethics means life-centered ethics, Schweitzer (1923) describes the
theory of “Reverence for life” that all of life is sacred and that we must live accordingly
, treating each living being as an inherently valuable “will to live”. Every living thing
(every will to live) in nature is endowed with something sacred or intrinsically valuable
and should be respected as such !
Although Reverence for life bears a resemblance to older Eastern views about
the sanctity of all of life, especially in Hinduism and Buddhism, the chief proponents of
that view usually tie their doctrines to reincarnation, and the transmigration of souls.
Taylor (1981) develops Schweitzer’s life-centered system of environment ethics.
He argues that each living individual has a “technological center of life” which pursues
its own good in its own way and possesses equal inherent worth. Human beings are no
more intrinsically valuable than any other living thing but should see themselves as
equal members of Earth’s community. For Taylor, all living beings from amoebias to
humans are of equal inherent value. Each living individual has a goal, and to have a goal
implies a will or desire to attain it. One’s goal is one’s good, so all living things are
inherently good. Kants notion “End-in itself, which he applied only to rational beings,
is radically expanded by Taylor to cover all living things”.
1.3.4. Eco centrism: The Land Ethic
In “Land Ethic” Leopold (1949) argued that we must begin to realize our
symbiotic relationship to Earth, so that we value “The Land” or biotic community for its
own sake. We must come to see ourselves, not as conquerors of the land but rather, as
plain members and citizens of the biotic community. It implies aspect for his fellow-
9
members and also respect for the community as such. Aldo Leopold (1949) made the
observation that the scope of one’s ethics is determined by the inclusiveness of the
community with which one identifies oneself. Leopold parallels the mistreatment of the
earth to the mistreatment of slaves that were handled as property. The slave owners
were not ethically obliged to the slave because they consider them outside rather than
part of their community. Just as the realm of community grew to include the ex-slave, it
must once again expand to incorporate the whole land community. The incorporation of
environmentalism into every day ethics, therefore, does not require a redefinition of
one’s ethics, but rather; a redefinition of one’s community. It was pointed out that range
of recipients of our moral attention has grown slowly but steadily, from members of
other tribes or language groups; to prisoners of war, to people with different colored
skins, and even to women. Nothing but habit, Leopold implied, would prevent us from
making the evolutionary move toward incorporating in our ethics the land and animal
and plants that live on it.
Leopold urged a new standard for ethics. In judging the very meaning of “right”
and “wrong”, he said, we should put the living land at the center “A thing is right when
it tends to preserve the integrity, stability and health of biotic community. It is wrong
when it tends otherwise”. In this regard, Leopold offers a holistic biocentric ethic, in
contrast to the mainly atomistic, anthropocentric, ethics familiar in all the western
traditions. It is extremely important to develop an alternative view point because
exclusive attention to what seems to be good for humans in the short term has proven
ruinous and promises to inflict even worse environment damage in the future. To lead
us out of this anthropocentric morass, it might seem that a land ethics of holistic
biocentrism could be an important guide.
1.3.5. Deep ecology
Deep ecology movement pioneered by Norweign philosopher Arne Naess in
1973 in his article “The Shallow and the Deep, Long Range Ecology Movement” and
elaborated by Bill Devall and George Sessions in 1984. The movement advocates a
“biocentric equality” that is- the notion that human are part of nature, and as such, have
no more right to exploit other species as those other species have to exploit humans.. In
this respect, deep ecology is similar to Asian traditions of thought such as Buddhism,
Hinduism and Taoism whose fundamental teaching is that humans are part of nature,
10
not above it: humans have no right to kill other creatures, except as it become necessary
to feed themselves. Naess was attempting to describe the deeper, more spiritual
approach to Nature exemplified in the writing of Aldo Leopolds. Ecology holds that all
of us-humans, nonhumans, and biotic communities are intrinsically related to one
another. Naess contrasts his deep ecology movement with the dominant world view of
technocratic-industrial society which regard humans as isolated and fundamentally
separate from the rest of Nature, as superior to, and in-charge of, the rest of creation.
But the view of humans as separate and the superior to the rest of Nature is only part of
larger cultural patterns. For thousand of years, Western culture has become increasing
obsessed with the idea of dominance : with dominance of humans over non-human
Nature, masculine over the feminine, wealthy and powerful over the poor. Deep
ecological consciousness allows us to see through these erroneous and dangerous
illusions.
Warwick Fox, an Australian philosopher has succinctly expressed the central
intuition of deep ecology. It is idea that we can make no firm ontological divide in the
field of existence that there is no bifurcation in reality between human and non-human
realm to the extent that we perceive boundaries, we fall short of deep ecological
consciousness. Aldo Leopold expressed this intuition when he said humans are “Plain
citizens” of the biotic community, not lord and master over all other species. The
practical implication of this norm suggests that we should live with minimum rather
than maximum impact on other species and on the earth in general.
In April 1984, George Sessions and Arne Naess summarized the principle of
deep ecology as given below:
1.
The well-being and flourishing of human and non-human life on earth have
value in themselves. These values are independent of the usefulness of the
nonhuman world for human purposes.
2.
Richness and diversity of life forms contribute to the realization of these values
and are also values in themselves.
3.
Humans have no right to reduce this richness and diversity except to satisfy vital
needs.
11
4.
The flourishing of human life and cultures is compatible with a substantial
decrease of the human population. The flourishing of non-human life requires
such a decrease.
5.
Present human interference with the non-human world is excessive, and the
situation is rapidly worsening.
6.
Policies must, therefore, be changed. These policies affect basic economic,
technological, and ideological structures. The resulting state of affairs will be
deeply different from the present.
7.
The ideological change is mainly that of appreciating life quality rather than
adhering to an increasing higher standard of living. There will be a profound
awareness of the difference between big and great.
8.
Those who subscribe to the forgoing points have an obligation directly or
indirectly to try to implement the necessary changes.
Thus, deep ecology call for the promotion and greater protection of biodiversity
and a reduction of human population. We must also learn to live more simply. It’s motto
is “Simple in Means, Rich in ends”, signifying an antimaterialist perspective.
1.4. WESTERN VERSUS EASTERN VIEW ON ENVIRONMENTAL ETHICS
The environmental ethics which states pollution and population should be
controlled and that resources should be nurtured, not exploited. The human values are
most important. The spirit, peace, love would prevail all the time, while the
achievements in material life are temporary and transitory. Human ecology is deeply
conditioned by the beliefs about nature, especially religion. White (1967) emphasizes
that the root cause of our ecological crisis lie in our Judeo-Christian idea that humanity
is to dominate nature. By seeing nature as alien, as a mere resource to be exploited, we
have wrecked havoc on earth and are reaping the consequences.
In the Pagan world view, animals, trees, and streams are seen as endowed with
the sacred, so it is evil to harm them without good cause and after going through proper
rituals. However, White states ; which is very right thing, that Christians follow the
medieval monk St. Francis of Assisi (1181-1226), love nature and was in tune with
ecological equilibriums. Mc Harg’s (1992) also criticized the Christianity that the
source of the most generally accepted description of man’s role and powers, not only
12
fails to correspond to reality as we observe it, but its insistence upon dominion, and
subjugation of nature encourages the most exploitative and destructive instincts in man.
Indeed, if one seeks license for those who would increase radioactivity, creative canals
and harbors with atomic bombs, employ poisons without constraint or give consent to
the bulldozer mentality, there could be no better injunction than this text. Moncrief
(1970) argues that White’s analysis misses the essential point that human beings have
been altering the environment from their beginning. He asks “If our environmental
crisis is a religious problem” why are other parts of the world experiencing the same
environmental problems that we are so well acquainted with in the Western World? A
more plausible account of the cause of our crisis complex and has to do with the nature
of capitalism, technology, democratization, urbanization and individualism.
The changing relationship between man and nature is not merely an ecological
phenomena. It has profound economic, social and cultural consequence. The sacred
quality of nature must be given back to it. Today, there is a crisis of perception
everywhere. We live today in a globally connected world. To describe the world
properly, we need new ecological perspective, a new paradigm, a new vision, a
fundamental change in the thoughts and perception and values. Any action for future
demands an ecological attitude, assuming evolutionary change and continuous creative
activity on the part of man.
Eastern religions and mystics believe in treating the nature and man on equal
grounds as the creations of the one. It is a mystically experienced truth that all beings
are creations of God. The ancient Eastern cultures were the sources of respect for and
religious veneration of the natural world. The Indian Philosophy of Jainism, for
example, proposed that humans not kill or harm any living creature. Early Buddhists and
Hindus professed a feeling of compassion and a code of ethical conduct for all that was
alive. Similarly in linking God and the wilderness instead of contrasting them as did the
western faiths, Shintoism and Taoism fostered love of wilderness rather than hatred (Nash,
1967)
Man has forgotten the path of mystics, seers and saints, who had blessed the world
by their mystical tradition of humanity. The harmony and beauty of nature is preserved due
to the enlightenment that God gives through these saints. The harmony of man and nature is
destroyed because of destruction of harmony between Man and God. All saints in India
13
have found spiritual significance in every things. The spiritual sympathy with nature needs
to be developed. Nature should not be judged according to human needs. There should be
new ethos created. We will have brotherhood with nature, the trees and wild life.
The human-centered view has helped people to survive the force of nature until
now. Now we need a nature-centered view in order to help nature survive human forces.
Unless this change in value system and new environmental ethics is founded as basis of our
life, the environmental crisis will not be reverted. In order to have peace among men, we
must have peace and harmony with nature, we must try to be in harmony with the creator.
To appreciate that there is only one man-nature relationship, that there is only one earth and
only one humanity, there must be one God and one religion, the only path way to God. All
the Hindu, Muslim etc. are only surface methods. The real religion, which tells of one God
is the one which has environmental ethics a part and parcel of it.
1.5. DEVELOPING OF NEW ETHICS
1.5.1. Green thinking and action
Our individual life, institutional activities formal and informal education all need to
be more environmental based and environmental oriented. We have to evolve a more
balanced way of thinking, feeling and acting towards the environment. Accepting “green
life style” has become necessity.
1.5.2. Change in life styles and attitudes
Essentially, environmental problems are human made. Hence, human beings
naturally have the solution to most of them. With his or her unique technologies and
capabilities he or she can increase or decrease human miseries. Which one we should
select depends on our attitudes and life styles. In fact, our attitudes and life-styles are
directly related to the value of systems of the contemporary society. Historically, the
value systems have not always been in the best interest of preserving a quality
environment. Exploitation of nature was considered inevitable for human survival. This
led to the present day environmental crisis. Hence, human-beings are obliged to reexamine their values, attitudes, behaviour and life-styles and where necessary to alter
them to ensure their survival.
1.5.3. Change in directions
14
There is an old saying “if you do not like where you are going, change the
direction”. This is true about environment. We now know that human ecosystem is
grossly out of balance and the earth is at stake. Simultaneously , however, we have the
basic understanding and know how to restore balances. We need only to change
directions. However, this does not mean abandoning modern technology and returning
to primitive conditions. In fact, continuous technological development and restoration of
ecological balances are not incompatible. We only need to put greater emphasis on a
more sustainable development, redesigning of life styles, change in attitudes and
behaviour and a more cautious and judicious utilization of natural resources.
1.5.4. Don’t lose Hope, Be Optimistic
The media reports on environmental tragedies such as Manometer, Three Mile
Islands, Bhopal and Chernobyl make many feel pessimistic about our abilities to change
the course in time. But, there are positive developments and ray of hope here and there.
Evidently an environmental revolution is in making in all parts of the world. The signs
are :
i.
Numerous environmental laws have been passed since 1960s.
ii. Independent ministries, departments and agencies to deal with environmental
issues have been formed by all governments.
iii. Thousands of voluntary organizations have been founded to work towards
ecological solution.
iv. Judiciary is taking strict action on environmental concerned issue.
As a result of these efforts:
i.
Ecological considerations are now given priority by individuals, families and
even governments in decision making.
ii. Installation of treatment of waste water plant made compulsory in the toxic
waste producing industries.
iii. Many species threatened with extinction are being protected.
iv. Pollution in many streams and river have been significantly reduced.
v.
Ban on old vehicles in metro cities.
vi. Ban on diesel vehicles and introduction of CNG vehicles.
15
1.5.6. Environmental education
With the commitment to improve the environmental education has a very
distinctive and important role to play in making people aware and concerned about the
environment, the basis of the environmental education should have curiosity, creativity,
competence and compassion. There can be no science without curiosity, no technology
without creativity and no production without competence. But without compassion, they
may be used to destroy the environment and life on earth.
There is a famous Chinese proverb, to educate the people about environment,
which says:
If you are thinking one year a head, plant rice
If you are thinking ten year ahead, plant tree but
If you are thinking 100 years ahead, educate people.
The philosophy behind this proverb, when taken in its totality, is
environmentally very comprehensive and holistic. It takes care of many of needs: (such
as food, fodder, fuel, fertilizers, medicine, etc.) and above all, helps to remove
ignorance and irrationally.
Environment is common heritage of the people of the world, its protection
through future and restoration of past damage is indeed an enormous task. This can be
accomplished only when each citizen develops a stake and becomes its protector. It has
to be environment of the people, by the people and for the people, not in mere word but
in actual deed.
1.5.7. Some Moral and Practical suggestions
The moral concept of not taking more than one needs from nature is an effect on
the part of our traditional communities, “to keep a reasonable balance among the
various resources constituting the ecosystem”. This traditional moral wisdom has been
employed for the “proper management” of our natural resources, and is what I have
called the ethics of care.
The ethics of nature relatedness asserts that our natural resources do not need
man for their existence and functions. As a matter of fact, if these natural resources had
any rational capacity they would wonder what kinds of beings human are. The fact of
the matter is that human beings cannot do without the natural resources at their disposal.
By destroying our natural resources in the name of development we are invariably
16
endangering our own existence. So the ethics of nature-relatedness can be succinctly
stated as an ethics that leads human beings to seek to co-exist peacefully with nature
and treat it with some reasonable concern for its worth, survival and sustainability. It is
an ethics that calls for an alternative approach to our present reckless use of nature.
The majority of Indians uses fuel wood and engages in bush burning. Our
industries pollute air and water resources, which in effect endangers our health. If we
have some environmental ethics, we can reduce the danger of these human activities by
the use of solar energy which would have enormous advantages to India with large areas
of perennially clear and cloudless skies, the possibilities are great indeed. If adequate
energy resources are provided for our industrial and domestic consumptions at a
reasonable cost, our over dependence on fuel wood, coal, kerosene, gas and petrol
would be reduced. No doubt, solar energy could be our safety valve in this direction.
Further plans need to be developed to reduce the amount of industrial and
agricultural wastes and proper disposal of them, so that both our industrial and
commercial centers and our rural areas are safe from air and water pollution. In
addressing these problems, we would not only be saving ourselves from dangerous
pollutants, but would be saving our ecosystem for generations to come. Our
governments, industrialists, scientists, ethicists and environmentalists have more roles
to play in keeping our environment safe.
1.6. CONCLUSION
The ecological reconstruction of a faith requires the recovery of forgotten
environmental values and also new visions and practices adequate to the challenges of
the contemporary global situation. Ecological reconstruction seek to integrate religious
and moral vision with contemporary biology, ecology, and physics and the new
scientific understanding of cosmogenesis. Equally important is the endeavor of each
faith to find its own unique pathway to a shared global ethic of peace, justice and
sustainable living. Religious traditions commonly nurture faith and moral action with
methods of spiritual growth, some of which may be of benefit to environmental
conservation. All of the major world religions emphasize that one primary objective of
spiritual practice is to overcoming of self-centredness and the expansion of an
individual’s sense of community with and caring for others. Method of spiritual
17
transformation that extend care and compassion to future generations and to animals and
other living beings can inspire environmental protection.
For many people an environmental crisis of this complexity and scope is not
only the result of certain economic, political and social factors, it is also a moral and
spiritual crisis which, in order to be addressed, will require broader philosophical and
religious understanding of ourselves as creatures of nature, embedded in life cycles and
dependent on ecosystems. Religion, thus, need to be reexamined in light of the current
environmental crisis. This is because religions help to shape our attitude toward nature
in both conscious and unconscious ways. Religions provide basic interpretive stories of
who we are, what nature is, where we have come from, and where we are going. This
comprises a worldview of a society. Religions also suggest how we should treat other
humans and how we should relate to nature. These values make up the ethical
orientation of a society. Religions thus generate worldviews and ethics, which underlie
fundamental attitudes and values of different cultures and societies. White (1967)
observed, “What people do to their ecology depends on what they think about
themselves in relation to things around them. Human ecology is deeply conditioned by
belief about our nature and destiny- that is, by religion”.
An important component of the current environmental crisis is spiritual and
ethical. It is here that the religions of the world may have a role to play in cooperation
with other individuals, institutions and initiatives that have been engaged with
environmental issues for a considerable period of time. Despite their lateness in
addressing the crisis, religions are beginning to respond in remarkably creative ways.
They are not only rethinking their theologies but are also reorienting their sustainable
practices and long-term environmental commitments. In so doing, the very nature of
religion and of ethics is being challenged and changed. This is true because the
reexamination of other world views created by religious beliefs and practices may be
critical to our recovery of sufficiently comprehensive cosmologies, broad conceptual
frameworks, and effective environmental ethics for the twenty-first century.
All over the world, every one is beginning to realize that people cannot exist
without nature and that nature cannot exist without people. To argue which is more
important is pointless. Solution of environmental problems must rise above mere
“environmentalism” and encompass all of the social and economic issue with which the
18
environmental problems are inter-wined. We cannot solve environmental problem in
isolation. Solutions to environmental problems must be dealt with as part of an over all
package of solutions for the world’s social and economic, spiritual as well as
environmental problems. The respect and affection of all living being is possible by
environmental ethics.
1.7. REFERENCES
1.
Berry, T. (1996). Ethics and Ecology. A paper delivered to the Harvard Seminar on
Environmental Values. Harvard University.
2.
Davies, S.J. 1998. Tropical Ecosystem, Environmental Impacts : In Biodiversity
Conservation in ASEAN : Emerging Issues Regional Needs. (Eds. Ismail G. and
Mohamed, M.), ASEAN Academic Press, London.
3.
Devall B. and Sessions, G. (1984). Deep Ecology: Living as if Nature Mattered. Salt
Lake City, Peregrine Smith Books.
4.
Dwivedi, O.P. (1997). India’s Environmental Policies, Programmes and Stewardship.
Macmillan Press, London, UK.
5.
Flavin, C. (1997). “The Legacy of Rio” in state of the world. A World Watch Institute
Report on progress toward a sustainable society, edited by Linda Starke, Norton &
Company, New York.
6.
Fox, W. (1984). Deep Ecology. A new philosophy of our time. The Ecologist 14.
7.
Gajendra Gadkar, S.K. (1992). Environmental Ethics. Journal IAEM 19: 54-57.
8.
Hardin, G. (1974). Living on a life boat. Bioscience 24 : 561-568.
9.
Hargrove, E. (1989). Foundations of Environmental Ethics, Englewood Cliffs, N.J;
Prentice Hall, New York.
10. Ignacimuthu, S.J. (1999). Environmental Ethics. In. Environmental Awareness
Protection. Phoenix Publication, New Delhi. pp 319-336.
11. Leopold A. (1949). A Sandy County Almanac, Oxford University Press, New York.
12. Moncrief, L. (1970). The cultural basis of our environmental crisis. Science : 170: 508512.
13. Naess Arne (1973). The shallow and the deep, long- range Ecological Movement:
Inquiry 16: 95-100.
14. Pojman, L. P. (2001). Environmental ethics, Wadsworth Thomson Learning, California.
19
15. Schweitzer A. (1923). Reverence for life. In. Civilization and Ethics. Trans. A. Naish
(London)
16. Taylor, P. (1986). Respect for Nature, Princeton, NJ : Princeton University Press.
17. White L. (1967). The historical roots of our ecological crisis. Science 115: 1203-1207.
1.8. REVISED QUESTIONS
1.
2.
3.
4.
5.
Define environmental ethics and enumerate the ecocentrism and biocentric ethics.
Write down the Western vrs. Eastern view on environmental ethics.
Comments on the effect of development on environment.
Write down the steps to be taken to educate the people about environmental protection.
Write down the possible reasons for present day environmental crisis.
PGDEM-06
UNIT – III. RELIGIONS’ ATTITUDE TOWARDS NATURE
Narsi Ram Bishnoi
2.1. INTRODUCTION
2.2. DECLARATION ON NATURE
2.2.1. The Hindu Perspective
2.2.2. The Bishnois’ Perspective
2.2.3. The Buddhist Perspective
2.2.4. The Islamic Perspective
2.2.5. The Taoist Perspective
2.2.6. The Judeo-Christian Perspective
2.2.7. The Tribal Perspective
2.3. ENVIRONMENTAL ORGANIZATIONS AND MOVEMENTS
2.4. LOSS OF RESPECT FOR NATURE
2.5. CONCLUSION
2.6. REFERENCES
2.7. REVISED QUESTIONS
2.1. INTRODUCTION
Throughout history, religion has profoundly influenced people’s attitude
and behaviour towards nature. Our cultural and spiritual heritage can reinforce
our economic interests and survival imperatives. But, the role of our cultural and
spiritual heritages in environmental protection and sustainable development
was ignored by international bodies, national government, policy planners and
even environmentalists. Many fear that bringing religion into the environmental
movement will threaten objectivity, scientific investigation, professionalism or
democratic values. The spiritual dimension introduced in the process of
environmental policy planning, administration, education and law, could help to
create a self-consciously, moral society which would put conservation and
respect for God’s creation first and relegate individualism , materialism and our
2
modern desire to dominate nature in a subordinate place. Thus in our opinion,
religion will play definite role in conservation and environmental protection.
From the perspective of many world religions, the abuse and exploitation
of nature for immediate gain is unjust, immoral and unethical. For example, in
the ancient past, Hindus and Buddhists were careful to observe moral teachings
regarding the treatment of nature. The religion can evoke a kind of awareness
in persons that is different from scientific or technological reasoning. Religion
helps make human beings that there are limits to their control over the animate
and inanimate world and that their arrogance and manipulative power over
nature can backfire. Religion instills the recognition that human life cannot be
measured by material possessions and that the end of life goes beyond
conspicuous consumption.
As a matter of fact, religion can provide at least three fundamental
mainstays to help human beings cope with a technological society. First, it
defends the individual’s existence against the depersonalizing effects of the
techno-industrial process. Second, it forces the individual to recognize human
fallibility and to combine realism with idealism. Third, while technology gives the
individual the physical power to create or to destroy the world, religion gives the
moral strength to grow in virtue by nurturing, restraining, humility and liberation
from self-centeredness. Directly and indirectly religion can be a powerful source
for environmental conservation and protection. Thus, we need a strategy for
conservation that does not ignore the powerful influence of religions. World
religions, each in their own way, offer a unique set of moral values and rules to
guide human beings in their relationship with the environment. Although it is
true that, in the recent past, religions have not been in the forefront of protecting
the environment from human greed and exploitation, many are now willing to
take up the challenge and help to protect and conserve the environment . But
their offer to help will remain purely rhetorical unless secular institutions,
national governments and international organizations are willing to acknowledge
the role of religion in environmental study and education. The environmental
education will remain incomplete until it includes cultural values and religious
imperatives. While these are metaphysical, ethical, anthropological and social
3
disagreements among world religions, a synthesis of the key concepts and
precepts from each of them pertaining to conservation could become a
foundation for a global environmental ethic. The world needs such an ethic.
2.2. DECLARATION ON NATURE
2.2.1. The Hindu Perspective
Nature is accepted as divine in Hinduism. The Hindu tradition has usually
perceived the earth as sacred mother and all the living beings as co-existing
beings. As many other major religions, Hinduism too urges people to treat
nature as a God-given gift. In Hindu Scriptures- Vedas, Upanishadas, Puranas
and the Great epics of Mahabhartha and Gita have all emphasized on
protection and preservation of environment. They, in one form or the other,
have advocated that God, the supreme power had created this world with five
basic components- space, water, air, fire & earth. Man (Purusha) is an integral
part of nature itself and linked to the rest of the creation of indissoluble spiritual
and psychological bonds. He is to live in harmony with other plant and animal
species and not to dominate over them. In consonance, he worshipped the sun,
rivers, plants (Tulsi, Peepal, Khejari & Barghad etc.) and animals (Cow, Ox,
Snake & Elephant, etc.).
The intimate association of natural flora and fauna with human beings is
most beautifully depicted in epics like Meghdoot, Abhigyan Shakuntalam,
Mahabharata and Ramayana. Almost all these scriptures place strong
emphasis on the notion that God’s grace can be received by not killing the
creatures or harming His creation : “God Kesava is pleased with a person who
does not harm or destroy other non-speaking creatures or animals”
(Visnupurana 3.8.15). Not to eat meat in Hinduism is considered both an
appropriate conduct and a duty. Yajnavalkaya Smriti warns of hell fire (Ghora
Narka) to those who are killers of domesticated and protected animals. “The
wicked person who kills animals which are protected has to live in hell fire for
the days equal to the numbers of hairs on the body of that animal’
(Yajnavalkaya Smriti Acaradhyayals V.180). The vivid description of trees,
4
creepers, animals, and birds conversing with people and sharing their joys and
sorrows reaffirm the faith of the people that there must be a harmony between
man & nature.
The creation of sacred groves was a common practice in our olden
times. These were regarded as the holy abodes of our gods and goddesses and
hence protected. Cutting of trees was prohibited in these areas.
Kautilya’s
Arthasastra prescribed various punishments for destroying trees and plants:
For cutting off the tender sprouts of fruit trees or shady trees in the
park near a city, a fine of six panas shall be imposed. For cutting off
the minor branches of the same trees, twelve panas and for cutting
off big branches, twenty four panas shall be levied. Cutting off the
trunk of the same, shall be punished with the first amercement and
felling shall be punished with the middle most amercement (Kautilya
Arthasastra III 19 : 177).
Hindu ancestors considered it their duty to save trees and in order to do
that they attached to every tree a religious sanctity. But, no doubt, a whole
forest area was conserved in this way along with its variety of flora & fauna,
much like the present day concept of creation of “Biosphere Reserve”. The
western Ghats of our country have about 250 sacred groves covering an area of
about 3500 hectares and in this way, the rich biodiversity in these forest zones
has been preserved.
Hindu culture believed in the partnership and stewardship ethics which
stands for holding of the land (including its trees, rivers, mountains and
minerals) in trust for God and the general benefit of mankind.
Man is the
trustee of the universe and he is authorized to use natural resources, but has no
divine power of control and dominion over nature and its elements. Hence from
the perspective of the Hindu culture, abuse and exploitation of the nature for
immediate gain is unjust and irreligious.
The principle of the sanctity of life is clearly ingrained in the Hindu
religion. Only God has absolute sovereignty over all creatures, thus, human
beings have no dominion over their own lives or non-human life. The ideas of
5
the Divine Being as the one underlying power of unity is beautifully expressed in
the Yajurveda.
The loving sage beholds that Being, hidden in mystery, wherein the
universe comes to have one home, There in unites and there from emanates
the whole. The omni present one pervades souls and matter like warp and woof
in created beings (Yajurveda 32.8). The sacredness of God’s creation means
no damage may be inflicted on other species without adequate justification.
Therefore, all lives, human and nonhuman, are of equal value and all have the
same right to existence. This view as later developed by the great Jain
Tirthankara, Lord Mahivira, who regenerated the ancient Jain faith that lives
down to the present day. For the Jains ahimsa or non-violence is the greatest
good, and on no account should life be taken. This philosophy was reemphasized by Mahatma Gandhi, who always spoke of the importance of
ahimsa and looked upon the cow as a symbol of benign element in animal life.
All this strengthens the attitude of revenge of all life including animals and
insects. According to the Atharvaveda, the earth is not for human beings alone,
but for other creatures as well.
“Born on thee, on thee move moral creates: Thou bearest them - the
biped and the quadruped. Thine, O earth, are the five races of men,
from whom Surya (Sun) as he rises spreads with the rays the light
that is immortal (Atharvaveda 12.1-15)”.
All the Hindu scriptures attest to the belief that the creation, maintenance
and annihilation of the cosmos is completely dependent on the supreme well. In
the Gita, lord Krishna says to Arjuna
“Of all that is material and all that is spiritual in this world, know for
certain that I am both its origin and dissolution (Gita 7.6).
And the lord says: again,
“The whole cosmic order is under me. By my will it is manifested again
and again and by my will, it is annihilated at the end (Gita 9.8).
Thus for ancient Hindu, both God and Nature was to be one and the
same. While the Prajapati (as mentioned in Rigveda) is the creator of sky, the
earth, oceans and all other species, He is all their protector and eventual
6
destroyer. He is only lord of creation. Human beings have no special privilege or
authority over other creatures, on the other hand, they have more obligations
and duties.
Hindu scriptures revealed a clear conception of the ecosystem. On this
basis a discipline of environmental ethics developed which formulated codes of
conduct (dharma) and defined humanity’s relationship to nature. An important
part of that conduct is maintaining proper sanitation. In the past, this was
considered to be the duty of everyone and any default was a punishable
offence. Hindu society did not even consider it proper to throw dirt on a public
path, Kautilya wrote :
The punishment of one-eighth of a pana should be awarded to those
who throw dirt on the roads. For muddy water one-fourth pana, if
both are thrown the punishment should be doubled. If latrine is
thrown or caused near a temple, well, or pond, sacred place or
government building, then the punishment should be increased
gradually by one pana in each case. For urine the punishment should
be only half (Kautilya’s Arthasastra II- 36 : 145).
Hindus considered cremation of dead bodies and maintaining the
sanitation of the human habitat as essential acts, when in about 200 BC, Carak
wrote about Vikrti (Pollution) and disease, he mentioned air pollution specially
as a cause of many diseases.
The polluted air is mixed with bad elements. The air is
uncharacteristic of the season, full of moisture, storms, hard to
breathe, icy, cool, hot and dry, harmful, roaring coming at the same
time from all directions, bad smelling, oily, full of dirt, sand steam,
creating diseases in the body and is considered polluted (Caraka
Samhita, Vimanastnam III 6: 1).
Similarly, about water pollution, Caraka Samhita says :
Water is considered polluted when it is excessively smelly, unnatural
in color, tastes and touch, slimy not frequented by aquatic birds,
aquatic-life is reduced and the appearance is unpleasing (Caraka
Samhita, Vimanastanam III 6.2).
7
Water is considered by Hindus as a powerful media of purification and
also as a source of energy. Sometimes, just by the sprinkling of pure water in
religious ceremonies, it is believed purity is achieved. That is why in Rigveda,
prayer is offered to the deity of water:
“The water of sky, the water of rivers and water in well whose source
is the ocean, may all these sacred waters protect me” (Rigveda 7.4
9.2).
The healing property and medicinal value of water has been universally
accepted, provided it is pure and free from all pollution, when polluted water and
pure water were the topic of discussion for many ancient Indian thinkers, they
were aware of the reasons for the polluted water. Therefore, Manu advised:
“One should not cause urine, stool, cough in the water. Anything which
is mixed with these unpious objects, blood and poison, should not be
thrown into water” (Manusmrti IV: 56).
Still today, many rivers are considered sacred. Among these, the river
Ganga is considered by Hindus as the most sacred and respectable. Disposal
of human waste or other pollutants has been prohibited since time immemorial.
One should not perform these 14 acts near the holy water the river Ganga
“Remove excrement, brushing and gargling, removing cerumen from
body, throwing hairs, dry garlands, playing in water, taking donations,
performing sex, attachment with other sacred places, praising other
holy places, washing clothes, throwing dirty clothes, thumping water
and swimming” (Pravascitta Tatva 1. 535).
Persons doing such unsocial activities and engaging in acts polluting the
environment were cursed :
“A person, who is engaged in killing creatures, polluting wells, ponds
and
tanks
and
destroying
gardens,
certainly
goes
to
hell”
(Padmapurana, Bhoomikhanda 96 : 7-8).
2.2.2. The Bishnois’ Perspective
The basic philosophy of the Bishnoi religion is that all living beings
(including animals) have a right to survive and share all resources. For the
8
Bishnois, the crusaders of conservation, the protection of flora and fauna is not
mere idle talk, but a scared duty performed by generation after generation. They
believe that cutting a tree or killing an animal or bird is blasphemy. They are so
dedicated to this noble cause that hunters and poachers do not sneak into their
domain. Their villages constitute a heaven for innocent animals and birds, who
lead a joyful life in a fearless atmosphere.
Much before the green peace movement in the west, even before
country’s own 20th century “chipko movement”, the Bishnoi were there in desert
interior, on the fringes of Rajasthan bordering Haryana, Punjab, Gujarat,
Madhya Pardesh and Uttar Pradesh living in harmony with nature.
The Bishnois are followers of Guru Jambheshwarji Maharaj popularly
known as Jambhoji, who was born in the year 1451 AD in the village of
Peepasar presently in Nagore district of Rajasthan. When he was 25 years old,
he witnessed, how, during a severe drought, people cut down trees to feed
animals, but the drought continued for 10 long years, nothing was left to feed
the animals so they died.
At the age of 34, he had a vision. He saw man quarrelling with nature,
revenging the earth that sustained him. He saw man intoxicated with his own
power, destroying the world around him. Jambhoji thought that if trees are
protected, animal life would be sustained, and his community would survive.
Jambhoji launched the Bishnoi sect in the year 1485 AD and prescribed 29
commandments and principal among them being a ban on the cutting of any
green tree and killing of any animal or bird.
A historical test for the Bishnois has taken place on the tenth day ( a
Tuesday) of the bright fortnight of the month of Bhardrapad of the lunar
calendar of the year Samvat 1787 of Vikrami era, corresponding to the year
1730 AD when Maharaja Abhaj Singh, ruler of Marwar (Jodhpur) state wanted
to construct a new royal mansion namely Phool Mahal for which lime was
required. Lime stone was available, but it needed to be burnt before use, for
which fuel was required. He sent his soldiers to the Bishnoi area where trees
were in abundance. Villagers protested and when soldiers would not pay any
attention to the protest, the Bishnois led by a woman “Amrita Devi” hugged the
9
trees to protect them with their bodies. Amrita Devi spoke these words “Sar
Santhey roonkh rahey to bhi sasto jaan” (if a tree is saved from felling at the
cost of one’s head, it should be considered as a cheap bargaining) saying these
words she offered her head. As soldiers kept on killing villagers, more and more
of the Bishnois came forward to honour the religious injunction of their Guru
Jambheshwarji. The Massacre continued until 363 persons were killed
defending trees. When the king heard about this human sacrifice, he stopped
the operation, and apologized for the mistake committed by his official and gave
the Bishnois state protection for their belief.
Today, the Bishnoi community continues to protect trees and animals
with the same fervour and their sacrifices became the inspiration of the chipko
movement of 1973.
2.2.3. The Buddhist Perspective
Buddhism is concerned primarily with seeking an end to human suffering
and does not directly address issues in environmental ethics. Because,
environmental pollution is a problem of the modern age, unheard of and
unsuspected during the time of Buddha. Buddhists advocate gentle and nonaggressive attitude towards nature. Buddhism believes that though change is a
factor inherent in nature, man’s moral deterioration accelerates the process of
changes and brings about changes which are adverse to human well being and
happiness.
Several Sutras from the Pali Canon show that early Buddhism believes
there to be a close relationship between human morality and the natural
environment. This idea has been systematized in the theory of the five natural
laws. They are physical, biological, psychological, moral and causal laws, while
the first four laws operate within their respective spheres, the last mentioned
laws of casualty operates within each of them as well as among them. These
five laws demonstrate that man and nature are bound together in a reciprocal
causal relationship so that changes in one necessarily bring about changes in
the other.
10
According to Buddhism, man is entrusted with the sole responsibility of
promoting environmental ethics. When mankind is demoralized through greed,
famine is the natural outcome, when moral degeneration is due to ignorance,
epidemic is the inevitable result, when hatred is the demoralizing force,
widespread violence is the ultimate outcome. If immorality grips society, man
and nature deteriorate, if morality reigns, the quality of human life and nature
improves, while greed hatred and delusion produce pollution, generosity,
compassion and wisdom produce purity. Thus man and nature, according to the
ideas expressed in early Buddhism, are interdependent.
The resources of the world are not unlimited, whereas man’s greed
knows neither limit nor discretion but his unbridled voracious greed for pleasure
and acquisition of wealth has exploited nature to the point of near
impoverishment. Buddhism teaches that mind is the forerunner of all things,
mind is supreme. If one acts with an impure mind i.e., a mind sullied with greed,
hatred and delusion, suffering is the inevitable result. If one acts with a pure
mind, i.e. with the opposite qualities of contentment, compassion and wisdom,
happiness will follow like a shadow. Man has to understand that pollution in the
environment has been caused, because there has been psychological pollution
within himself. If he wants a clean environment he has to adopt a life style that
springs from a moral and spiritual dimension.
Buddhism offers man a simple moderate lifestyle eschewing both
extremes of self-deprivation and self indulgence. Satisfaction of basic human
necessities, reduction of wants to the minimum, frugality and contentment are
its important characteristics. Each man has to order his life on moral principles,
exercise self-control in the enjoyment of the senses, discharge his duties in his
various social roles and conduct himself with wisdom and self-awareness in all
activities. It is only when each man adopts a simple moderate lifestyle that
mankind as a whole will stop polluting the environment. This seems to be the
only way of overcoming the present eco-crisis and the problem of alienation.
When man will adopt a non-exploitative, non-aggressive, gentle attitude towards
nature, he can then live in harmony with nature, utilizing its resources for the
satisfaction of his basic needs. The Buddhist admonition is to utilize nature in
11
the same way as bee collects pollen from the flower, neither polluting its beauty
nor-depleting its fragrance, just as the bee manufactures honey out of pollen, so
man should be able to find happiness and fulfilment in life without harming the
natural world in which he lives.
2.2.4. The Islamic Perspective
Islamic environmental ethics, like all other forms of ethics in Islam is
based on clear-cut legal foundations which Muslims hold to be formulated by
God. Thus, as acceptance of what is ethical has not involved the same process
as in cultures which base their laws on humanistic philosophies.
The conservation of the environment in Islamic faith is based on the
principle that all the aspects of natural world were created by God with different
functions that were determined by God. Islamic values are considered
unalterable and accurate. Muslims are obliged to obey what God has ordered.
The legal and ethical reasons for protecting the environment can be
summed up as follows.
i)
The environment is God’s creation and to protect it is to preserve its value
as a sign of the creator.
ii) The component parts of nature are entities in continuous praise of their
creator.
As the Qur’an describes:
The seven heavens and the earth and all that is therein praise Him,
and there is not such a thing but hymens his praise, but ye
understand not their praise. Lo! He is ever Clement, Forgiving (Surah
17:44)
iii) All the laws of nature are laws made by the Creator and based on the
concept of the absolute continuity of existence. As the Qur’an states:
Hast thou not seen that unto Allah payeth adoration. Whosoever is in
the heavens and whosoever is in the earth, and the sun, and the
moon, and the stars, and the hills, and the trees and the beasts and
many of mankind (Surah 22: 18).
12
(iv) The Quran acknowledges that human-kind is not the only community to live
in this world –
“There is not an animal in the earth, nor a flying creature flying on
two wings, but they are people like unto you” (Surah 6: 38).
(v) Islamic environmental ethics is based on the concept that all human
relationships are established on justice and equity.
“Lo! Allah enjoineth justice and kindness” (Surah 16 : 90)
(vi) The balance of the universe created by God must also be preserved. For
“Everything with Him is measure” (Surah 13: 8). Also, There is not a thing
but with us are the stores thereof and we send it not down save in
appointed measure (Surah 15:21).
(vii) The environment is not in the service of the present generation alone.
Rather, it is the gift of God to all ages, past, present and future.
He it is who created for you all that is in the earth (Surah 2: 29).
The role of humans, however, is not only to enjoy, use and benefit from
their surroundings. They are expected to preserve, protect and promote their
creatures.
Environmental policy of the world has been influenced by Islam and this
influence has remained the same throughout the history of the Islamic faith. The
concept of “Hima” (protection of certain zones) has existed since the time of
Prophet Mohammad. Hima involved the ruler or government’s protection of
specific unused areas. No one may build on them or develop them in any way.
The concept of Hima can still be seen in many Muslim countries, such as Saudi
Arabia, where it is practiced by the government to protect wild life.
The Harim is another ancient institution. It is also an inviolable zone
which may not be used or developed; The Harim is usually found in association
with wells, natural springs, underground water channels, rivers and trees
planted on barren lands or mawat.
The Islamic faith has great impact on environmental issues throughout
the Arab and Muslim world. The ecological crisis faced by the world can be
effectively dealt with by an Islamic ethics or environmental preservation. The
Islamic World view considers man as an instrument of God’s will to whom
13
everything belongs. Man is constantly reminded by God that this world is only a
temporary abode for him and that he must work on this earth in such a way as
to be rewarded in the world to come.
2.2.5. The Taoist Perspective
Taoism is a Chinese philosophical concept. To understand the Taoist
conceptions of nature one must start with the notion of Tao. Using a mystical
and poetical language Lao Tzu in Tao Te Ching gives a rich but at times
amorphous representation of how nature works.
The Tao is nameless, intangible, empty, simple, all pervasive, eternal, life
sustaining and nourishing. Tao stands for the ultimate reality of nature. It is not
anything like creator God. Rather it is depersonalized concept of nature. Tao by
virtue of its infinity rejects all names.
Tao nourishes, sustains and transforms beings. Man, being a
member of beings, is without exception internally linked to Tao as
well as to everything else. Tao “being all embracing, is impartial”
Acknowledging the fact that man-nature is an inherently connected whole
and other beings, animated or otherwise, are ontologically as well axiologically
equal, the question of how man should behave or act towards his natural
surrounding is readily answerable. Things simply work in accordance with laws
of nature. Anyone who tries to do things in violation of the laws of nature is
doomed to failure. The moral to be drawn from this doctrine is to act in
accordance with nature.
Taoism is compatible with signs and thus capable of providing a
minimally coherent ethics. First, it is not anti-scientific, despite all its mystical
overtones; Taoism is , in fact, a version of naturalism. Second, ecology as a
science teaches us the inter-dependence of all life forms and non living things.
It takes man as only part of the interdependent whole. Ecologically, each
member depends on all others for survival, sustenance and fulfillment.
2.2.6. The Judeo-Christian Perspective
Judaism and Christianity have strongly influenced the philosophical
perspective in contemporary western society, even among those who are not
14
religious adherents. It is difficult if not impossible to evaluate western values
and behaviours without assessing the historical contributions of these pervasive
and powerful traditions.
There are two problems in using Judeo-Christian sources as a foundation for developing an environmental ethic. One general problem in using any
ethic based on religion is that its appeal may be limited to the community of
believers. Secondly, Judaism and Christianity are considered by some to be the
sources of many of the negative attitudes toward nature held in western society.
Yet, there is a rich variety of perspectives about God's relationship to nature
represented in the Judeo-Christian tradition. Creation is blessed by God and it
praises God.
Judeo Christian perspective provides at least three ideas as a base for
the environmental ethic. One notion is that the world is God's creation; second,
God is pleased with the results of this creative handiwork. Finally, God values
all of creation — the individual members of creation as well as the underlying
processes and relations among them. These three ideas support the view that
each part of nature is something precious to God. It follows readily that to
honour God, one must honour the creation which God loves. There had been
great saints and mystics like Francis of Assissi, St. Ignatius and so on who were
great nature lovers.
Lynn White (1967) wrote that western world’s attitude towards nature
was shaped by the Judeo-christian tradition. This tradition involved that the
concept of a world created solely for the benefit of man “God planned all
explicitly for man’s benefit and rule”. But in general, he proposed that
Christianity and western civilization as a whole, held a view that separates
humans from the rest of the natural world and encouraged exploitation of it for
our own end.
2.2.7. The Tribal Perspective
The tribal perspective can provide elements for a contemporary
ecological model of living in harmony with the natural world. It recognizes the
importance of all life, including the life of all the organisms on the Earth. As
15
radical activists and philosophers begin to articulate and implement their ideas
for a truly ecological world, they find themselves drawn, again and again, to the
beliefs and traditions of the tribal communities around the globe. They are often
portrayed as model ecological citizens, holding values and beliefs that
industrialised humans have long since sacrificed in the pursuit of progress and
comfort.
Their relationship with the natural world tend to preserve biological
integrity within natural communities. These are engaged in relationships of
mutual respect, reciprocity and caring with an urge and fellow beings as alive
and self-conscious as human-beings. Such relationships were reflected and
perpetuated by cultural elements including religious belief and ceremonial ritual.
In the songs and legends of different tribal cultures, it is apparent that
land and her creatures are perceived as truly beautiful things. There is a sense
of great wonder and something which sparks a deep sensation of joyful
celebration. But newly arrived Europeans considered the land to be a
wilderness, barren and desolate, whereas for the tribals it was a bountiful
community of living beings of whom the humans were only a part.
A very central belief which seems consistent across many tribal cultures
is that the earth is a living conscious being that must be treated with respect
and loving care. The earth is considered as Mother by them and they see
themselves as part of the land as well as land to be part of them.
The tribals rarely distinguish between their religious and secular life.
Everything from hunting to enjoyment is a recognition and affirmation of the
sacredness of life. Both action and contemplation are interrelated to them; and
every action may be an opportunity for meditation and reflection, an opportunity
to search for new truths and meanings.
2.3. ENVIRONMENTAL ORGANIZATIONS AND MOVEMENTS
Throughout the world there are an increasing number of organizations
and movements that link religion and environmental activism. For example, the
Hindu faith is a major force in the Chipko-movements and Appiko movement in
India which has fought successfully to protect Himalayan forests and Western
16
Ghats forests, respectively. The World Wide Fund for Nature has formed an
international Network on Conservation and Religion. The National Religious
Partnership for the Environment in the United States has brought together
leaders from the Roman Catholic, Orthodox and evangelical churches, as well
as from the major Jewish religious communities to cooperate in establishing
programs of environmental education and protection that will involve millions of
citizens. If the environmental movement is to effect a lasting transformation of
the way people live and do business it will need support from the vision and
inspiration of a new shared social faith that is religious in quality, nurtured by
artists, poets, educators and religious leaders as well as scientists and political
leaders.
2.4. LOSS OF RESPECT FOR NATURE
As we have seen, our ethical beliefs and religious values, influence our
behaviour towards others, including our relationship with all creatures and plant
life. If for some reason, these noble values become displaced by other beliefs
which are either thrust upon the society or transplanted from another culture
through invasion, then the faith of the masses in the earlier cultural tradition is
shaken. As in our country, 200 years of foreign cultural domination, the ancient
educational system which taught respect for nature and reasons for its
preservation was no longer available. The foreign culture, language and system
of administration slowly took root and penetrates all levels of society and
masses became more inward looking and self-centered. Under such
circumstances, religious values which acted as sanctions against environmental
destruction do not retain a high priority, because people have to worry about
their very survival and freedom, hence, respect for nature gets displaced by
economic factors.
2.5. CONCLUSION
In the present eco-crisis, man has to look for radical solution. Pollution
cannot be dealt with, in the long term on a remedial or cosmetic basis or by
tackling symptoms: all measures should deal with basic causes. These are
17
determined largely by our values, priority, and choices. Man must reappraise his
value system. Man has to understand that pollution in the environment has
been caused because there has been psychological pollution within himself. If
he wants to clean environment, he has to adopt a life style that springs from a
moral and spiritual dimension.
Mahatma Gandhi has suggested a solution of present eco-crisis that
“voluntary and progressive reduction of needs”. He was a great believer in
drawing upon the rich variety of spiritual and cultural heritages of India. His
Satyagraha movements were the perfect example of how one could confer an
unjust and uncaring though extremely superior power.
Hayden said that people should respect the environment because we
depend on it for our survival. “If you depend on the environment, how can the
environment be disposable?” Hayden presented religion as a tool to combat
environmental destruction. Religion, at its best, can call you to account what
you are doing and what is your justification. All things are possible because
spirituality is based on the belief of making things happen. Religion had an
impact on environmental issues in the political arena.
All of the major world religions emphasize that one primary objective of
spiritual practice is the overcoming of self-centeredness and the expansion of
an individual’s sense of community with and caring for others. Methods of
spiritual transformation that extend care and compassion to future generations
and to animals and other living beings can inspire environmental protection.
Each man has to order his life on moral principles, exercise self-control in
the enjoyment of the senses, discharge his duties in his various social roles and
conduct himself with wisdom and self awareness in all activities. It is only when
each man adopts a simple moderate lifestyle that mankind as a whole will stop
polluting the environment. This seems to be the only way of over coming the
present eco-crisis and the problem of alienation. With such a life-style, man will
adopt a non-exploitative, non-aggressive, gentle, attitude towards nature. He
can then live in harmony with nature, utilizing its resources for the satisfaction of
his basic needs.
18
Centuries of rapacious exploitation of the environment has finally caught
up with us, and a radically changed attitude towards nature is now not a
question of spiritual merit or condescension, but of sheer survival. This earth, so
touchingly looked upon in the Hindu view as the Universal mother, has nurtured
mankind up from the slime of the primeval ocean for billions of years. Let us
declare our determination to halt the present slide towards destruction, to
rediscover the ancient tradition of reverence for all life and, even at this late
hour, to reverse the suicidal course upon which we embarked. Let us recall the
ancient Hindu dictum “The earth is our mother, we are all her children”.
2.6. REFERENCES
1. Bishnoi, Vandana and Bishnoi, N.R. (2000). Bishnoism : An eco-friendly
Religion. In Religion and Environment, Vol-I (Eds. Bishnoi, K.R. and
Bishnoi N.R.), Commonwealth Publication, New Delhi.
2. Deen, Y.M. 1990. Islamic Environmental Ethics, Law and Society : In Ethics
of Environment and Development, (Eds. Engel R and Engel J.G.),
Bellhaven Press, London.
3. Dwivedi, O.P. (2001). Satyagraha for conservation. Awakening the spirit of
Hinduism. In Environmental Ethics (Ed. Pojman, L. P., Wadsworth), USA.
4. Dwivedi, O.P. and Tiwari, B.N. (1987). Environmental crisis and Hindu
Religion. Gitanjali Publishing House, New Delhi.
5. Hargrove, E. (1985). Religion and Environmental crisis, University of
Georgia Press, Athens, 1985.
6. Noss, J. (1980) Man’s Religion. 7th ed. MacMillan, New York
7. Smart N. (1969). The Religion experiences of mankind, Scribners, New
York.
8. White, L. (1967). The historical roots of our ecological crisis. Science 155 :
1203-1207.
2.7. REVISED QUESTIONS
1. Describe the Islamic perspective towards the environment protection.
19
2. Bishnoism is an ecofriendly religion. Comment.
3. Explain in brief the role of religion in saving environmental crisis.
4. Describe the attitude of Hinduism towards the nature.
5. Why the respect for nature is lost in Indians?
6. Enumerate the role of Taoist and Judo-Christian Religions in environmental
awareness.
UNIT-IV
PGDEM-06
CONSTITUTIONAL GUARANTEES TO ENVIRONMENTAL
PROTECTION IN INDIA
Narsi Ram Bishnoi
STRUCTURE
1.0. OBJECTIVES
1.1. INTRODUCTION
1.2. ENVIRONMENT AND CONSTITUTION OF INDIA
1.2.1. List I (Union List)
1.2.2. List II (State List)
1.2.3. List III (Common or Concurrent List)
1.3. CONSTITUTIONAL DIRECTIVES
1.3.1 Article 21
1.4. DIRECTIVE PRINCIPLES OF STATE POLICY
1.4.1. Article 47
1.4.2. Article 48-A and 51 -A (g)
1.4.3. Dehradun Quarries Case (AIR 1988 SC 2187)
1.4.4. Eleventh Schedule (Art, 243-G)
1.5 FOREST CONSERVATION ACT, 1980
1.5.1. Salient Features of the Act
1.5.2. Guidelines for diversion of forest land under the Forest
(Conservation) Act, 1980
1.6. THE NATIONAL FOREST POLICY, 1988
1.7. WILDLIFE (PROTECTION) ACT, 1972
1.7.1. The Scheme of the Act
1.7.2. Weaknesses of the Act and suggestions
1.8. SUMMARY
1.9. KEY WORDS
1.10. SELF ASSESSMENT QUESTIONS
1.11. SUGGESTD READINGS
2
1.0. OBJECTIVES
After studying this unit, you should be able to
•
Know about the salient feature of National Forest Policy 1988, Wild
life Act, 1973, Forest Conservation Act, 1980.
•
The guidelines for the diversion of forest land for non-forestry
purposes under the Forest Act, 1980.
•
Understand the constitutional directives and principles of state
policy for environment protection.
1.1.
INTRODUCTION
Environmental pollution is a global problem and is common to both
developed as well as developing countries.
The decline in environmental
quality as a consequence of pollution is evidenced by loss of vegetable cover
and biological diversity, excessive concentration of harmful chemicals in the
ambient atmosphere and in food grains, growing risks of environmental
accidents and threats to life support system.
Detergents, pesticides and insecticides, chlorofluorocarbons, plastics
and plasticizers, solvents, fuel, paints, dyes, medicines, food additives, etc.,
are some example of the multiplicity of chemical products made and
disseminated for the benefit of man. All these have the inherent capacity to
disturb the life support system.
Bhopal MIC gas tragedy of Dec.3, 1984, Chernobyl nuclear reactor
accident of April 25, 1986, the crude oil spill in 1988 on to the Alaska coast
line and gulf war, 1990 are some of the man-made catastrophes that remind
us to take stringent measures to control environmental pollution to save
humanity from being put into jeopardy. An adequate preventive legislation
has, therefore, become quite essential to control pollution, more particularly
industrial pollution which is posing a great danger not only for the workers but
also for the people in the vicinity. Unfortunately the Indian law dealing with
environmental protection, is largely statutory and not a living law.
scattered and is contained in about 200 various enactments.
It is
3
In addition, there are some more provisions for protection of the
environment under Indian Penal Code (I.P.C.) 1860, Sections 268, 269, 270,
277, 278 and 284-290 and Sections 425, 426 and 430 under Criminal
Procedure Code (Cr.P.C.) 1973, Sections 133 and 144 under Police Act, 1861
(5 of 1861) (Prevention of noise Sec.30, 32 ; cruelty of animals, Sec.34) ; and
under various Municipal Acts, viz. Sections 220 and 222 of Rajasthan
Municpal Act, 1959 ; Sections 190, 200, 278, 301 and 303 of
Kerala
Municipal Corporation Act, 1961 ; Sections 241, 242, 250, 350, 354 and 357
of Delhi Municipal Corporation Act, 1957 ; and Gujarat Municipalities Act,
1963.
1.2.
ENVIRONMENT AND CONSTITUTION OF INDIA
These Constitutional directions coupled with the Government’s
obligation under Stockholm declaration paved the way for enactment of
various environmental protection laws.
In our Constitution, the division of
legislative power between the Union and the States has been spelt out in the
following three Lists of the Seventh Schedule (Art.246) :
1.2.1. List I (Union List )
Entries
52-
Industries.
53-
Regulation and development of oil fields and mineral oil resources.
54-
Regulation of mines and mineral development.
56-
Regulation and development of inter-State rivers and river valleys.
57-
Fishing and fisheries beyond territorial waters.
1.2.2. List II (State List)
Entries
6-
Public health and sanitation.
14-
Agriculture, protection against pest and prevention of plant diseases.
18-
Land, colonization etc.
21-
Fisheries.
23-
Regulation of mines and mineral development subject to the provisions
of List-I.
4
24-
Industries subject to the provisions of List-I.
1.2.3. List III (Common or Concurrent List)
Entries.
17-A- Forests.
17-B- Protection of wild animals and birds.
20-
Economic and social planning.
20-A- Population control and family planning.
As conferred by Article 246 (I), the Union is supreme to make any law
over the subjects enumerated in the List I, the states similarly under Article
246 (3) enjoy competence to legislate on the entries contained in List II, and
both the Union and the States under Article 246 (2) have concurrent
jurisdiction on entries contained in List III. In the event of clash, the Union
enjoys a primacy over States in that, its legislation, in the Union and the
Concurrent List prevails over State legislations.
The growing need of the time is to protect and improve the
environment. Certainly, legislation is one of the very important and effective
instruments for proper management of the environment. To be acceptable to
the society, each and every legislation so enacted, should reflect a well
thought out environment policy and conditioned by rational needs,
developmental perspectives, and social values.
1.3.
CONSTITUTIONAL DIRECTIVES
The Constitution of India of 1950 does not have any specific provision
to deal with the problems of environmental pollution.
However, under
Directive Principles of State Policy of the Constitution it holds the State
responsible for the protection of environment. Recently, the Court held that
protection of environment and public health is a constitutional obligation. The
higher judiciary as guardian of citizens fundamental rights has to ensure
stricture enforcement of environmental protection and pollution control laws.
Further, in M.S. Mehta v. Union of India (1997 [1] SCC 388 ), the State was
declared bound to protect all natural resources of public, as their trustee. The
Court by way of expending the scope of various Articles of part III & IV of the
5
constitution gave remarkable judgements in favour of the protection of
environment.
1.3.1. Article 21
The “right to life” is the most fundamental right as enshrined in Article
21 of the Constitution. It says : “No person shall be deprived of his life or
personal liberty except according to procedure established by law”. It assures
every person right to life and personal liberty.
Such rights includes all
attributes of life including environmentally meaningful life.
In Chhetriya Pradushan Mukti Sanghrsh Samiti v. State of U.P. ( AIR
1990 SC 2060 ) and Subhash Kumar v. State of Bihar (AIR 1991, SC420) the
Court held that enjoyment of pollution free atmosphere was included in the
right to life under Article 21. The Court observed that “Right to life is a
fundamental right under Article 21 of the constituion includes the right of
enjoyment of pollution free water and air for full enjoyment of life. If anything
endangers or impairs that quality of life in derogation of laws, a citizen has
right to have recourse to Article 32 of the constitution for removing the
pollution of water or air which may be detrimental to the quality of life”.
However, such a right is not an absolute right and is obviously subject
to reasonable restrictions. It has to be kept in mind that rapid growth of the
economy and the industrialization is also the need of the mankind and
attribute of and requirement of the decent, respectful and dignified life. While
protecting the environment, the industrial development cannot be completely
ignored. In M.C. Mehta’s case 1992 (3) SCC 256 (Supra) ; It was observed
that “We are conscious that environmental changes are the inevitable
consequence of industrial development of our country, but at the same time
the quality of environment cannot be permitted to be damaged by polluting the
air, water and land to such an extend that it becomes a health hazard for the
residents of the area”.
1.4.
DIRECTIVE PRINCIPLES OF STATE POLICY :
1.4.1 Article 47
The Article 47 reads : “the State shall regard the raising of the level of
nutrition and standards of living of the people and improvement of public
6
health as among its primary duties…….”. The Article 47, thus provides for the
improvement of public health as among the primary duties of the State and in
particular, the state shall bring about prohibition of the consumption except for
medical purposes of intoxicating drinks and of drugs which are injurious to
health.
1.4.2. Article 48-A and 51-A(g) :
For the improvement of public health, it is necessary that the State
should be able to provide pollution free environment. In this regard, a clearcut provision could find a place in the Constitution only in the year 1976
through the 42nd Amendment by inserting Article 48-A, a new Directive
principle of the State Policy, and creating a fundamental duty of every citizen
under Article 51-A(g). In this respect, India was the first country to impose a
constitutional obligaion on the state and citizens to protect and improve the
environment as one of the prime duties.
The Article 48-A reads : “the state shall endeavour to protect and
improve the environment and to safeguard the forests and wildlife of the
country.” Under this Article, the state may not only adopt the protectionist
policy but also provide for the improvement of polluted environment. In the
first case, the state may impose restrictions on the use of the factors
adversely affecting the environment, while in the latter case, the state may
adopt means to improve the environment. Before the 42nd Amendment, the
state could not easily implement the directive principles. Now the state, while
implementing the directive principles as in Article 48-A, shall be immune from
the conditions imposed under Articles 14, 19 and 31. Article 48-A further
provides for the safeguard of forest and wildlife. It may be suggested that as
the protection and the preservation are the basic necessities, the State must
give serious thought to the environmental problems and, if necessary, make
effective endeavours to protect and improve the environment.
The Environment (Protection) Act, 1986 and the wild life (Protection)
Act, 1972, as amended in 1986 are among the steps taken under this Article.
The Article 51-A (g) reads : “It shall be the duty of every citizen of India
to protect and improve the natural environment including forests, lakes, rivers
7
and wildlife and to have compassion for living creatures.”
The Article
specifically deals with the fundamental duty of the citizens with respect to
environment. This also provides for the protection and improvement of the
environment as it specifically puts stress on the water pollution by including
matters like lakes, rivers, etc.
1.4.3. Dehradun Quarries Case ( AIR 1988 SC 2187 )
In the instant case, the Supreme Court closed down illegally operating
limestone quarries, which were destroying the ecology of the hills and
disturbing the environment, holding that “Preservation of the environment and
keeping the ecological balance unaffected is a task which not only
governments but also every citizen must undertake. It is a social obligation
and every citizen is reminded that it is his fundamental duty as enshrined in
Article 51-A (g) of the Constitution.”
The 42nd Amendment also made certain changes in the Seventh
Schedule of the Constitution. In the Concurrent List after entry 17, 17-A was
inserted which provided for ‘forests’. Originally ‘forest’ was a subject included
in List II as entry 19. Since, there was no uniform policy followed by the state
in respect of the protection of forests, this subject was transferred to
Concurrent List. Now on this subject, the parliament and the state legislature
both may make laws. The subject of protection of wild animals and birds has
also been transferred from List II entry 20 and inserted in List III as entry 17-B.
Further, the 42nd Amendment Act, for the first time, introduced a new entry 20A in List III. This deals with the population control and family planning. In
fact, high population growth is mainly responsible for environmental pollution.
The Constitution 73rd Amendment Act, 1992 on Panchayats adds a
new Schedule, the Eleventh Schedule, to the Constitution. This Schedule has
8 entries
( viz. 2, 3, 6, 7, 11, 12, 15 & 29) which are linked to environmental
protection and conservation :
1.4.4 Eleventh Schedule (Art, 243-G)
Entries.
8
2-
Land improvement, implementation of land reforms, land consolidation
and soil conservation.
3-
Minor irrigation, water management and watershed development.
6-
Social forestry and farm forestry.
7-
Minor forest produce.
11-
Drinking water.
12-
Fuel and fodder.
15-
Non-conventional energy resources.
29-
Maintenance of community assets.
The functions assigned under 73rd Amendment Act, thus include soil
conservation, water management, watershed development, social and farm
forestry, drinking water, fuel and fodder, non-conventional energy sources and
maintenance of community assets which are considered to be significant
items from the environmental management point of view. Further, entry No.8
of the Twelfth Schedule (Article 243) added to the Constitution by the 74th
Amendment Act, 1992 for constitution of Urban Local bodies, assigns the
function of ‘Protection of environment and promotion of ecological aspects to
them.
The enactment of the Environment (Protection) Act, 1986 with a view to
covering some major areas of environmental hazards which were not taken
into account so far, by the existing Acts, particularly with regards to providing
adequate power to deal strictly the offenders of the environmental laws, is one
step ahead in this regard. Finally, the enactment of the Motor Vehicle Act in
1988 and the Environment Tribunal Act, 1995, the framing and amendment of
Environment (Protection) Rules in 1987, 1988, 1989, 1990, 1991 and 1992,
and making of the Hazardous Wastes (Management and Handling )Rules,
1989 (amended in 1992), the Manufacture, Use, Import, Export and Storage
of Hazardous Microorganisms and Genetically Engineered Organisms or
Cess Rules, 1989 are some significant steps taken by the Government of
India to control environmental pollution effectively.
1.5.
FOREST CONSERVATION ACT, 1980
9
The Forest Conservation Act was passed in 1980 to provide for the
conservation of forests and for matters connected therewith. It came into
force on 25th December, 1980. The Act extends to whole of India except the
State of Jammu & Kashmir and is in force from October 25, 1980. The Act
which was subsequently amended in 1988 (69 of 1988) has the following five
sections :
1.
Extent and commencement
2.
Restriction on the dereservation of forests or use of forest land for nonforest purpose
3.
Constitution of advisory committee
4.
Power to make rules
5.
Repeal and saving
Sections 3-A and 3-B were further added through 1988 amendments
which deal with penalty for contravention of the provisions of the Act and
offences by authorities and Government Department, respectively.
1.5.1 Silent Features of the Act :
The Forest Conservation Act was enacted with a view to check further
deforestation which ultimately results in ecological imbalances. Accordingly
the provisions made therein for the conservation of forests and for matters
connected therewith, must apply to all forests irrespective of the nature of
ownership for classification thereof. The word “forest” covers all statutorily
recognized forests, whether designated as reserved, protected or otherwise
for the Section 2(i) of the Act.
The term “forest land” includes any area
recorded as forest in the Government record irrespective of the ownership.
The salient features of the Act are as follows :
1.
The act places restrictions on the power of the State Government
concerning preservation of forests or use of forest land for non-forest
purposes. Section 2 of the Act provides that the State Government
shall not make, except with the prior approval of the Central
Government, any order directing :
10
(i)
that any reserved forest or any portion thereof, shall cease to be
reserved ;
(ii)
that any forest land or any portion thereof may be used for any
non-forest purpose
(iii)
that any forest land or portion thereof may be assigned by way
of lease or otherwise to any private person or non-Government
body, and
(iv)
that any forest land or any portion thereof may be cleared of
trees which have grown naturally in that land for the purpose of
using it for reafforestation.
2.
The Act provides for the constitution of advisory committee to advise
the Government with regard to the grant of approval by the Central
Government (Sec.2), or any other matter connected with conservation
of forests which may be referred to it by the Central Government
(Sec.3).
3.
As per Section 2 of the Act, all ongoing non-forest activity within any
forest, in any State throughout the country, without prior approval of the
center, must cease forthwith.
4.
On violation of the provision of Section 2 shall be punishable with
imprisonment for a period extending to 15 days (Sec.3-A). Any
government department or any authority shall be liable to be proceeded
against and punished accordingly (Sec.3-B).
5.
The 1988 amendment shattering all the expectations of tribal
communities and many voluntary agencies placed all the forest land
under the jurisdiction of the forest department.
For the purpose of Section 2 of the Act, non-forest purpose means the
breaking up or clearing of any forest land or portion thereof for :
(a)
the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants,
horticultural crops or medicinal plants ;
(b)
any purpose other than reafforestation ; but does not include any work
relating or ancillary to conservation, development and management of
forest and wildlife, namely, the establishment of check-posts, firelines,
11
wireless communications and construction of fencing, bridges and
culverts, dams, waterholes, trench marks, boundary marks, pipelines or
other like purposes.
In the end it can be said that forest should not be looked upon as a
source of revenue.
Forests are renewable natural source.
They are a
national asset to be protected and enhanced for well being of the people and
the Nation.
1.5.2 Guidelines for diversion of Forest Land Under The Forest
( Conservation) Act, 1980
Some of the important points of consolidated guidelines for diversion of
forest land for non-forestry purposes under the Forest (Conservation) Act,
1980 as revived in 1992 are as follows :
•
Investigations and surveys carried out in connection with development
projects such as transmission lines, hydroelectric projects, seismic
surveys, exploration of oil drilling etc., will not attract the provisions of
the Act as long these surveys do not involve any clearing of forest or
cutting of trees. However, if clearing of forest area or felling of trees is
involved, prior permission of Central Government is mandatory.
•
No survey/investigation/exploration shall be carried out in wildlife
sanctuaries, national parks and other reserved areas without obtaining
the prior approval of the Central Government, whether or not felling of
trees is involved.
•
Cultivation of tea, coffee, spices, rubber and palm is a non-forestry
activity, attracting the provisions of the Act.
•
Cultivation of fruit-bearing trees, or oil-bearing plants or medicinal
plants would also require prior approval of the Central Government
except when
(i)
the species to be planted or indigenous to the area in question,
and
(ii)
such planting activity is part of an overall afforestation
programme for the forest area in question.
12
•
Tusser cultivation in forest areas by the tribals as a means of their
liverlihood without undertaking monocultural Asan or Arjun plantations
shall be treated as a forestry activity. However, tusser cultivation that
involve specific plantation of Asan or Arjun trees for providing host
trees to the silk cocoons shall be treated as forestry activity.
•
Plantation of mulberry for Silkworm rearing is a non-forestry activity,
attracting the provisions of the Act.
•
Mining including underground mining is a non-forestry activity and
hence prior approval of the Central Government is mandatory ; lease
granted by authorities subject to grant of approval of Central
Government is illegal.
It is worthwhile to mention here that the
Supreme Court in the case of T.N. Godavarman Thirumulkpad v. Union
of India (1997) SCC 267, AIR 1997, SC 1228) inter alia issued general
direction to the effect that “Prior approval of the Central Government is
required for any non-forest activity within the area of any forest. In
accordance with Section 2 of the Act, all on-going activity wthin any
forest in any state throughout the country, without the prior approval of
the central Government must cease forthwith.”
•
The Supreme Court in the following decisions, namely Ambica Quarry
Works v. State of Gujarat (1987 SCC 213, AIR 1987 SC 1073), Rural
Litigation and Entitlement Kendra v State of U.P.(AIR 1988 SC 2187)
state of Madhya Pradesh v. Krishnadas Tikaram (1995 Supp (1) SCC
587) has held that prior approval of the Central Government is a
condition precedent for the grant of lease under Section 2(ii) of the Act.
Recently in various cases namely, K.V. Shanmugam v. State of Tamil
Nadu (AIR 1997 Mad 338), M/s Goldan Grantes v. K.V. Shanmugam
(AIR 1998 Mad 150 ), State of Bihar v. M/s R.M.C. Dill (AIR 1998 Pat
20) and Co.(P), and National Mineral Development Corporation Ltd. v.
State (AIR 1997 Kant 331) court held the same decision.
•
Removal of boulders, bajri, stone etc. from the riverbeds located within
forest areas is a non-forest activity.
•
A cost-benefit analysis should accompany the proposals sent to the
Central Government for dereservation or diversion of forest land for
13
non-forest use to account for the ecological and socio-economic losses
caused to the people to be effected.
1.6.
THE NATIONAL FOREST POLICY, 1988
The National Forest Policy of 1952 was revised in 1988. The revised
National Forest Policy of 1988 primarily has a goal of maintaining
environmental balance and the ecological restoration of disturbed areas. Its
basic objectives that should govern the National Forest Policy are :
•
Maintenance of environmental stability through preservation and
restoration of ecological balance.
•
Conservation of the natural heritage of the country by preserving the
remaining natural forests and protecting the vast genetic resources for
the benefit of posterity.
•
Checking the extension of sand-dunes in the desert areas of Rajasthan
and along the coastal tracts.
•
Increasing substantially the forest/tree cover in the country through
massive afforestation and social forestry programmes, especially on all
denuded, degraded and unproductive lands.
•
Increasing the productivity of forests to meet essential rational needs.
•
Encouraging efficient utilization of forest produce and maximizing
substitution of wood.
•
Meeting the basic needs of people, particularly the need for fuelwood,
fodder, minor forest produce and small timber of the rural and tribal
populations.
•
Maintaining the intrinsic relationship between forests and the tribal and
other poor people living in and around forests by protecting their
customary rights and concessions on the forests.
•
Creating a massive people’s movement with the involvement of
women, for achieving these objectives and to minimize pressure on
existing forests.
The approach of the policy is outlined as follows :
14
•
Existing forest land and forests will be fully protected.
Their
productivity will be improved. Emphasis will be given to enhance forest
cover on hill slopes and catchment areas of rivers in the interest of soil
and water conservation and for mitigating floods and draughts.
•
In order to conserve biological diversity, a network of sanctuaries,
national parks, biosphere reserves and other protected areas will be
strengthened and extended adequately.
•
The people will be actively involved in programmes of protection,
conservation and management of forests.
The Policy emphasizes boosting scientific forestry research towards the
attainment of the policy goals.
Some priority areas of forestry research
indicated in the policy are :
•
Increasing forest productivity
•
Revegetation and restoration of barren, marginal, waste and mined
lands and watersheds.
•
Conservation and management of existing forest resources (mainly
natural forest ecosystems)
•
Social forestry in natural and tribal development
•
Efficient utilization of forest produce and finding substitutes for wood.
•
Research related to wildlife management of national parks and
sanctuaries.
1.7.
WILDLIFE (PROTECTION) ACT, 1972
Based on recommendation of the IBWI, the Indian Wildlife (Protection)
Act was passed by Parliament on 9th of September, 1972. The passing of the
Act constitutes an important landmark in the history of wildlife legislation in our
country. As ‘Forest’ including wildlife was then a State subject, Parliament
had no power to make law on the same except as provided in Articles 249,
250 and 252 of the constitution. In 1976, by 22nd constitutional Amendment
entries related to wildlife along with forest were transferred from State List to
Concurrent List to empower Central Government to enact legislation on these
issues.
15
The Act is adopted by all the States except that of Jammu and
Kashmir, which has its own Act for the purpose of wildlife protection. The
operation of the Act is mandatory in the Union territories. Hence, the Wildlife
(Protection) Act of 1972 is made applicable throughout the country. The first
comprehensive listing of endangered wildlife species was complied in the Act
which provides protection of threatened faunal species from indiscriminate
hunting. The Act has the seven chapters and Schedules I to V rating the
animals according to the risk of their survival. Schedule I of the Act identifies
rare or endangered animal species which are totally protected throughout
India. Section 9 of the Act prohibits hunting of wildlife specified in Schedules I
to V except in certain cases (Sec.11-12). The Act also prohibits trade in rare
and endangered species. A new schedule, i.e. Schedule VI has been inserted
by 1991 amendment (Act No.44 of 1991 ), to include specified plant species.
The Act empowers individuals and NGOs to institute wildlife court cases.
Section 55 ( c ) of the Act allows cognizance of offences by a court on a
complaint from any person who has given notice of not less than sixty days, in
the manner prescribed, of the alleged offence and of his intention to make a
complaint, to the Central Government, or the State government or the Officer
authorized as aforesaid.
There is a central body for wildlife preservation headed by the Director,
Wildlife Preservation, Government of India.
To assist the Director in
implementation of the Wildlife (Protection) Act, 1972 there are four Regional
Deputy Directors, one each at New Delhi, Bombay, Calcutta and Madras.
They are also responsible for implementation of CITES and also assist the
local officers in wildlife protection and enforcement of regulations.
The Wildlife (Protection) Act, 1972 has been amended in 1982 (23 of
1982), 1986 (28 of 1986) and 1991 (44 of 1991 ). Through these amendment
powers of the State Government have withdrawn almost totally. Now the
State government is not empowered to declare any wild animal a vermin.
Further, by addition of a provision, immunization of livestock within a radius of
five km from a national park or sanctuary, has been made compulsory.
16
For implementation of the provisions of the act for conservation and
management of wildlife of the country the Central Government would provide
financial assistance to State for :
•
Strengthening management and protection of infrastructures of
National Parks and Sanctuaries
•
Protection of wildlife and control of poaching and illegal trade in wildlife
products.
•
Captive breeding programmes for endangered species of wildlife
•
Development of selected zoos
•
Wildlife Education
1.7.1 The Scheme of the Act
The Wildlife (Protection) Act, 1972 as subsequently amended in 1982,
1986 and 1991 has seven chapters (I-VII) and six schedules (I-VI). Chapters
IIIA and IVA were inserted vide amendment act of 1991 (44 of 1991), and the
Chapter VA was inserted vide amendment act of 1986 ( 28 of 1986 ).
1.
Preliminary [ Chapter I (Sec.1-2)] : This chapter deals with the extent
and commencement (Sec.1) and defines some technical terms (Sec.2)
as animal, animal article, captive animal, closed area, habitat, hunting,
National park, sanctuary, taxidermy, trophy, vermin, wild life etc.
2.
Authorities to be appointed/constituted [Chapter II (Sec.3-8)] : This
chapter is related to the appointment of Director (Sec.3), and wildlife
Warden, etc. (Sec.4), delegation of power (Sec.5), constitution of
wildlife advisory board (Sec.6), procedure to be followed by the board
(Sec.7), and duties of the Wildlife Advisory Board (Sec.8).
3.
Hunting of wild animals [Chapter III-A (Sec.9-13)]: This chapter deals
with the prohibition of hunting (Sec.9), hunting of animals to be
permitted
(Sec.11),
grant
of
permit
suspension/cancellation of licence (Sec.13).
(Sec.12)
and
17
4.
Protection of Specified Plants [ Chapter III-A (Sec.17A to 17H)] :
This chapter was inserted by Amendment Act of 1991 (44 of 1991) to
protect the specified plants as mentioned in schedule VI, viz.
Beddomes cycad, Blue vanda, Kuth, Ladies slipper orchid, Pitcher
plant, and Red vanda.
5.
Sanctuaries, National Park and Closed Areas [Chapter IV (Sec.1838)] : This chapter deals with declaration of sanctuaries (Sec.18-26)
restriction on entry in sanctuary (Sec.27-28), prohibition of destruction
(Sec.29), fire (Sec.30), entering with weapons (Sec.31), ban on use of
injurious substances (Sec.32) and controlling, management and
maintenance of sanctuaries (Sec.33), immunization of livestock against
communicable
diseases
(Sec.33A),
registration
of
persons
in
possession of arms (Sec.34), declaration of National park and closed
areas (Sec.35-38).
6.
Constitution of Central zoo authority [ Chapter IVA (Sec.38A-38J)] :
This chapter deals with the constitution of central zoo authority
(Sec.38A), term of office and service conditions of chairperson and
members (Sec.38B), functions of the authority (Sec.38C) procedure to
be regulated by the authority (Sec.38D), Grants and Loans (Sec.38E),
annual and audit reports (Sec.38F-38G), recognition of zoos
(Sec.38H), acquisition of animals by a zoo (Sec.381), and prohibition of
teasing zoo animals (Sec.381).
7.
Trade or Commerce in wild animals [ Chapter V (Sec.39-49)]: This
chapter is related to possession, sell and transfer of wild animals,
(Sec.39-40), inquiry and preparation of inventories (Sec.41), certificate
of ownership (Sec.42), regulation of transfer of animal etc. (Sec.43),
dealing
in
trophy,
suspension/cancellation
animal
of
licence
articles,
etc.
(Sec.44),
(Sec.45),
appeal
(Sec.46),
maintenance of records of dealing by license (Sec.47), purchase of
18
animals by licensee (Sec.48) and by persons other than a licensee
(Sec.49).
8.
Prohibition of trade or commerce in trophies, animal articles, etc.
(Chapter VA (Sec.49A-49C)]: This chapter was inserted by amendment
act of 1986 (28 of 1986) to prohibit trade/commerce in trophies. The
chapter deals with the definitions of certain terms, such as schedules
animal, scheduled animal article etc. (Sec.49A), prohibition of dealing
in trophies, animal articles, etc (Sec.49B), and declaration of stock with
regard to scheduled animal articles, trophies, captive animal, ivory
imported in the country (Sec.49C).
9.
Procedure and detection of offences [Chapter VI (Sec.50-58)]: This
chapter is related to power of entry, search, arrest and detention of
offender (Sec.50), penalties (Sec.51), punishment for wrongful seizure
of property (Sec.53), power to compound offences (Sec.54),
cognizance of offence (Sec.55), operation of other laws (Sec.56),
presumption in prosecution for offence (Sec.57) and offences by
companies (Sec.58).
10.
Miscellaneous [ Chapter VII (Sec.59-66)] : This chapter deals with the
nature of service of officers (Sec.59), action taken in good faith
(Sec.60) power to alter in schedules (Sec.61), declaration by Central
Government any wild animal other than specified in schedule I and part
II of schedule II to be vermin (Sec.62), power of Central Government
(Sec.63) and State Government (Sect.64) to make rules, protection of
hunting rights conferred on Scheduled Tribes (Sec.65) and repeal and
savings (Sec.66)
1.7.2. Weaknesses of the Act and suggestions
1.
Ownership certificate : Often ownership certificates have been used
by traders to launder recently acquired animal articles, viz. tiger and
leopard skins.
The situation becomes more serious when courts
decide to return the sealed stocks to traders and allow them to keep
19
under personal ownership certificates. This calls for tightening up the
entire issue of ownership certificate by amending the act so that these
certificates do not become an instrument of illegal trade.
2.
Foreign endangered wildlife : The Act does not cover foreign
endangered wildlife species. Indian Wildlife Authorities are powerless
except to ask customs authorities to intervene which is not practicable
at all. To discharge obligations to CITES to which India is the party, the
Act should be amended to cover the foreign endangered species.
3.
Rectification of Schedules : The schedules covering endangered
species are for from comprehensive as claimed by authorities. All this
needs to be rectified on priority basis to check thoughtless and wanton
exploitation of useful plants.
4.
Pitiable conditions of wild animals in travelling zoos : Vide wildlife
amendment act, 1991, chapter IVA was introduced for creation of
Central Zoo Authority to enhance the role of zoos in conservation of
species. However, the role of travelling zoos is highly disgracing in
respect that they keep wild animals in pitiable conditions and also carry
on an illegal trade in live wild animals. Most of the travelling zoos have
been violating the provisions of the Act in some or the other way.
5.
Illegal trade in wildlife in Jammu & Kashmir : The state of Jammu &
Kashmir did not adopt the Central Wildlife (Protection) Act of 1972.
Instead, it has it own Act called the J & K Wildlife (Protection ) Act of
1972.
Differences between the two make it possible for traders in
wildlife to legally do their business in J & K in animal articles made
from a number of species which are not even found in the state. Many
wildlife traders in J & K receive illegal furs and skins from other States
of the country. These are used in manufacturing garments, caps, belts
etc., and are sold to tourists or smuggled to Nepal and other countries.
The 1986 and 1991 amendments in the Central Wildlife Act did not see
similar amendments to the J & K Act. Another significant difference
between the two Acts is that J & K allows hunting and trade in a
number of endangered species included in its schedules II, III and IV
20
while the Central Act does not allow hunting and trade at all. This
encourages the illegal trading in such animals and animal articles.
6.
Mild penalty provisions : Offender of the provision of Wildlife Act shall
be punishable with imprisonment for a term extending to three years or
with fine extending to Rs.25,000 or both.
This penalty provision is
nothing as compared to very high value of animal or animal article.
Further that professional wildlife traders get bail and continue to
decimate the country’s wildlife.
This is due to untrained wildlife
officials, poor remuneration to public prosecutors, lengthy court
proceedings, etc. All this needs amendment to provide more stringent
penalties for violation of the provision of the Act.
The purpose of
amendment is to bring these offences in the first classification of
Section 511 of Cr.P.C., which will make offence cognizable, nonbailable and triable by a session court. Further, enhancing penalties
for second and subsequent offences and taxidermy will certainly prove
to be an effective detriment to professional traders and poachers.
7.
Protection of wild genetic resources of plants and microbes : The
Act does not ensure protection of wild genetic resources of plants and
microbes at the same level as that of animals, particularly game
animals. The needs modification of the Act accordingly.
Inspite of all these shortcomings as aforesaid, the Wildlife (Protection)
Act of 1972 with its various Amendments ( 1982, 1986 and 1991) provides the
necessary tool to protect the wildlife illegal and wanton exploitation.
It is worthwhile to refer some of the leading court cases to justify the
efficacy of the provisions of the Wildlife (Protection) Act, 1972 (amended
subsequently in 1986 and 1991) in preservation of wildlife. In Nagar Palika
Parishad Mussorie v. State(AIR 1998 All 232) case, Court held that inclusion
of any property in declaration of area as sanctuary cannot be challenged by
owner of the property provided that it satisfied the test of Section 18 (1) of the
Act. Section 18 of the Act empowers the State Government to declare any
area to be a sanctuary if it is considered that such area is of adequate
ecological, faunal, floral, geomorphological, natural or zoological significance,
21
for the purpose of protecting propagating or developing wildlife or its
environment.
Court further held that management of property included in
declaration as claimed by owner of property is not permissible. In M/s Ivory
Traders & Manufacturing Association v. Union of India(AIR 1997 Delhi 267),
Court held that ban imposed by the Act under Sections 49A( c ) (iii), 49 B(1)
(a) (ia) and 49 C(7) on trade of imported ivory and articles made therefrom
was not unreasonable, arbitrary, unfair or excessive and violative of Article 19
(1) (g) of the Constitution. In Rajendra Kumar v. Union of India(AIR 1998
Raj.165), Court held, that the word “ivory imported” into India in accordance
with the Section 49 B (i) (a) would definitely include the Mammoth Ivory and
therefore plea that no restriction can be imposed on trade in relation to
mammoth ivory is not tenable. In G.R. Simon v. Union of India(AIR 1997
Delhi 301) case, it was held that protection and preservation of wildlife was in
public interest and therefore, provisions of Chapter V A are valid and ultra
vires.
1.8. SUMMARY
The decline in environmental quality as a result of pollution is
evidenced by loss of vegetation cover, biological diversity and excessive
concentration of harmful chemicals in the atmosphere. In our constitution , for
the protection of environment, these are certain laws and rules to maintain
balance in nature. The right to life is the most fundamental right as enriched
in articles 21 of constitution. Article 47 of constitution emphasizes mainly on
the raising the quality of nutrition and living standard. Article 48A is concerned
with improvement of the environment and to protect the forest and wildlife of
country. National Forest Policy of 1988 was revised in 1988 to maintaining
environmental balance and the ecological restoration of disturbed area. Wild
Life Act, 1972 was passed to protect the wildlife.
1.9. KEY WORDS
Wild life
22
Plants, animals, and microbes that live independently of humans; plant
and microbes, that are not domesticated.
Wild life sanctuary
Similar to a National Park, it is dedicated to protect the wild life , but it
considers the conservation of species only and also its boundary is not limited
by state legislation.
Protect forest
A legal form for an area subject to limited degree of protection under
the provisions of the Indian Forest Acts.
Forest
A type of biome in which the dominant plants are trees.
Fauna
All of the animals present in a given region.
Flora
All of the plants present in a given region.
Endangered species
Those species that are present in such small numbers that they are in
immediate jeopardy of becoming extinct.
Conservation
Careful use and management of resources; so as to maximize the
benefits from them now and in the future.
Desert
A home that receives lesser than 25 cm of precipitation per year,
evaporation exceeds precipitation with consequent lack of vegetation
Biodiversity :
Number of different species of organisms found in an area.
1.10. SELF ASSESSMSNT QUESTIONS
(1)
What are the objectives of National Forest Policy, 1988 ?
(2)
Discuss the amendments of Wild Life Act, 1972.
(3)
What are the weaknesses of Wild Life Act, 1972 ? Explain.
(4)
Write down the salient features of Forest Conservation Act, 1980.
23
(5)
Discuss the guidelines for the diversion of forest land for non-forestry
purposes under the Forest Act, 1980.
(6)
What are the constitutional directive for environmental protection
(7)
Write down the principle of State Policy for Environment Protection.
(8)
What is the Eleventh Schedule of 73rd Amendment Act 1992 ?
1.11. SUGGESTED READINGS
1.
Shyam Diwan (2001). Environmental Law and Policy in India.
2.
R. K. Trivedy (2004). Handbook of Environmental Law, Narosa, New
Delhi.
3.
Pal Chandra (1999). Environmental Pollution and Development.
4.
Pollution control acts, rules and notification by Central Pollution Control
Board, New Delhi. (2001)
UNIT-IV
PGDEM-06
ENVIRONMENT (PROTECTION) ACT, 1986
Narsi Ram Bishnoi
STRUCTURE
2.0
OBJECTIVES
2.1
INTRODUCTION
2.2
THE SCHEME OF THE ACT
2.3
PRELIMINARY
2.4
GENERAL POWERS OF THE CENTRAL GOVERNMENT
2.5
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL
POLLUTION
2.6
MISCELLANEOUS
2.7
MERITS AND WEAKNESSES OF THE ACT
2.7.1 Merits of the Act
2.7.2 Weaknesses of the Act
2.8
SUMMARY
2.9.
KEY WORDS
2.10
SELF ASSESSMENT QUESTIONS
2.11
SUGGESTED READINGS
2.0.
OBJECTIVES
After studying this unit, you should be able to
•
Know the environmental Act, 1986 and various amendments in
environmental Act, 1986 for effective prevention and control of
environmental pollution.
•
Understand the merit and weakness of the Act.
•
Understand the procedure for prevention, control and abetment of
environmental pollution.
2.1.
INTRODUCTION
The Environment (Protection) Act, 1986 was presented by our late Prime
Minister Rajiv Gandhi which received the President’s assent on May 23, 1986
and published in the Gazette of India. The Act refers to the Stockholm
Conference of 1972 and is based on Article 253 of the constitution. Since the
Bhopal gas tragedy, eleven bills had been introduced in the US Congress
seeking to amend legislation on environmental and occupational hazards,
Indian Government took the first step by enacting the Environment (Protection)
Act, 1986. The Act became effective on November 19, 1986, the birthday
anniversary of Mrs. Indira Gandhi who was a pioneer and inspirer on
environmental issues. The amendment of the Environment (Protection) Rules,
1986 vide G.S.R. 1063 (E.), December 26, 1989 needs special mention as
through it a new schedule for ambient air quality standards in respect of noise
was inserted.
2.2.
THE SCHEME OF THE ACT
The Act has 4 Chapters containing 26 Sections in all, and extends to the
whole of India.
Section 2 of the Act has defined, various terms including
“Environment”, “Environmental Pollutants” and “environmental Pollution”
comprehensively. The Act seeks to supplement the existing laws on prevention
and control of pollution and to fill up gaps in regulation of major environmental
hazards.
However, it is mainly concerned with the overall protection and
improvement of the environment and matters connected therewith.
The
Scheme of this Act is as follows :
2.3.
PRELIMINARY [ Chapter 1 (Sec.1, 2) ]
This Act extends to whole of India [Sec. 1 (2) ]. It came into force on
November 19, 1986.
In this act, various terms related to environment have been described.
•
Environment includes water, air and the inter-relationship which exists
among and between water, air and land, and human beings, other living
creatures, plants, micro-organism and property (Sec.2a).
•
Environmental Pollutant means any solid, liquid or gaseous substance
present in such concentration as may be or tend to be injurious to
environment (Sec.2b)
•
Hazardous Substance means any substance or preparation which, by
reason of its chemical or physico-chemical properties or handling, it
liable to cause harm to human beings, other living creatures, plants,
micro-organisms, property or the environment (Sec.-2e).
•
Occupier in relation to any factory or premises, means a person who
has control over the affairs of the factory or the premises and includes,
in relation to any substance, the person in possession of the substances
(Sec.2f).
2.4.
GENERAL POWERS OF THE CENTRAL GOVERNMENT [CHAPTER
II (SEC.3-6) ]
This chapter of the Act deals with the general powers of the Central
government in matters relating to protection and improvement of environment.
Section 3 (2) of the Act empowers the Central Government to take the following
necessary measures :
•
Planning and execution of a nation-wide programme for the prevention,
control and abatement of environmental pollution ;
•
Laying down standards for the quality of environment ;
•
Laying down standards for emission or discharge of environmental
pollutants ;
•
Restriction of areas in which any industries, operations, or processes
shall not be carried out or shall be carried out subject to certain
safeguards ;
•
Laying down procedures and safeguards for the prevention of accidents
which may cause environmental pollution and remedial measures for
such accidents;
•
Laying down procedures and safeguards for the handling of hazardous
substances ;
•
Examination
of
such
manufacturing
processes,
materials
and
substances which are likely to cause environmental pollution ;
•
Carrying out and sponsoring investigations and research relating to
problems of environmental pollution ;
•
Inspection of any premises, plant, equipment, machinery, manufacturing
or other process, materials or substances ;
•
Establishment
or
recognition
of
environmental
laboratories
and
institutes;
•
Collection and dissemination of information in respect of matters relating
to environmental pollution ; and
•
Preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution.
The Section 4 is concerned with the appointment of officers and their
powers and functions. Power to give directions to any person, officer or any
authority is dealt with under Section 5 of the fact. Such directions include the
power to direct :
•
The closure, prohibition or regulation of any industry, operation or
process ; or
•
Stoppage or regulation of the supply of electricity or water or any other
service.
The Central Government may, by publication of requisite notification in
the official Gazette, make rules for the regulation of environmental pollution.
Such rules may be related to the standards of quality of air, water or soil,
maximum allowable limits of pollutants, handling of hazardous substances,
location of industries and prevention of accidents (Sec.6).
2.5.
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL
POLLUTION [ CHAPTER III (SEC.7-17) ]
This Chapter relates to the prevention, control and abatement of
environmental pollution. The salient aspects of this chapter are as follows :
•
Persons carrying on industry, operation, etc. are not allowed to emit or
discharge environmental pollutants in excess of the standards (Sec.7).
•
Persons handling hazardous substances are required to comply with
procedural safeguards (Sec.8).
•
Where any industry discharges excess environmental pollutant, then it is
the duty of the person having control over the affairs of the industry to
furnish information to authorities (Sec.9).
•
Subject to the provision of the Act, any person may be empowered by
the Central Government to enter into any premises for the purpose of
performing any of the functions of the Central Government entrusted to
him or for the purpose of examining and testing any equipment, plant,
record, etc. (Sec.10).
•
The authority competent under the Act is empowered to take sample in
a prescribed manner (Sec.11) and then such sample is sent to the
environmental laboratories established for analysis (Sec.12) by the
analyst who is appointed by the Central Government (Sec.13).
The
report of the analyst may be used as evidence of the facts in any
proceeding under this Act (Sec.14).
•
Whoever fails to comply with or contravenes any of the provisions of this
Act, is liable to be punished with imprisonment which may extend to 5
years or with a fine which may extend to Rs.1,00,000/- or with both. In
case of continuing offences, it provides for an additional fine which may
extend to Rs.5,000/- for every day during which such contravention
continues after the conviction for the first such failure [Sec.15 (I) ]. If
such failure or contravention continues beyond a period of one year after
the date of conviction, the offender shall be punishable with
imprisonment for a term extending to seven years [Sec.15 (2) ].
•
Where any offence under this Act has been committed by a company,
every person, who, at the time of the commission of the offence, was
incharge of that company, as well as the company itself is deemed to be
guilty of the offence and liable to be proceeded against and punished
accordingly.
However, if a person proves that the offence was
committed without his knowledge or that he exercised all due diligence
to obviate its commission then he is not liable to any punishment
(Sec.16).
•
Where an offence under this Act has been committed by any
Government Department, the Head of the department concerned is
liable to be proceeded against and punished accordingly.
But, here
also, if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such
offence, then he is not liable (Sec.17).
2.6
MISCELLANEOUS [ CHAPTER IV (SEC.18-26) ]
This Chapter of the Act deals with the miscellaneous provisions, which are as
follows :
•
No suit, prosecution or other legal proceeding would lie against the
authority in respect of anything which is done in good faith in pursuance
of this Act or the rules made or orders or directions issued thereunder
(Sec.18).
•
The court is not empowered to take cognizance of any offence under
this act except on a complaint made by the competent authority
(Sec.19).
•
The Central Government is empowered to obtain any information,
reports or returns, etc. from any competent authority (Sec.20).
•
All members, officers and employees appointed under this Act are
deemed to be public servants within the meaning of Section 21 of the
Indian Panel Code, 1860.
•
No Civil court is empowered to entertain any suit in respect of anything
done under this Act (Sec.22).
•
The Central Government is empowered to delegate its powers to the
competent authority (Sec.23).
•
The provisions of this Act and the rules or order made thereunder, are
effective notwithstanding anything inconsistent therewith contained in
any enactment other than this Act.
But, where any act or omission
constitutes an offence under this Act and also under any other Act, then
the offender is liable to be punished under the other Act as well
(Sec.24).
•
The Central Government is empowered to make rules for carrying out
the purposes of this Act (Sec.25). Such rules are required to be laid
before the Parliament for approval (Sec.26).
2.7.
MERITS AND WEAKNESS OF THE ACT
The merits and weaknesses of some of the important Sections of the Act
are critically discussed as follows :
2.7.1. Merits of the Act
1.
The Act speaks on hazardous industries and environmental disasters. A
hazardous substance is defined in Section 2 (e) of the Act as “any
substance or preparation, which by reason of its chemical or physicochemical properties, or handling, is liable to cause harm to human
beings, other living creatures, plants, microorganisms, property or the
environment” while an environment pollutant is defined in Section 2( b)
of the Act as “any solid, liquid or gaseous substance present in such
concentration as may be or tend to be, injurious to environment.”
Thus by implication, there is now a provision for differentiating several
degrees of pollution – for instance the difference between the incident
like the Bhopal MIC gas tragedy, and the relatively less toxic SO2
emitted from a chemical factory in Delhi.
2.
Unlike the earlier acts, the definition of pollution is not restricted to air
and water pollution only. There is provision to tackle diverse kinds of
pollutants in this new Act. The Section 6 (2) (b) of the Act empowers the
Central Government to make rules for the maximum allowable limits of
concentration of various environmental pollutants (including noise ) for
different areas.
3.
Stringent measures have been provided to check hazardous pollution.
Section 8 of the Act states clearly that “no person shall handle or cause
to be handled any hazardous substance except in accordance with such
procedure and after complying with such safeguards as may be
prescribed”.
Section 6 (2) (f) empowers the Central Government to
make rules for the procedures and safeguards for the prevention of
accidents which may cause environmental pollution and for providing
remedial measures for such accidents.
Moreover, as provided in
Section 9, it is mandatory for a person responsible for the discharge of
any hazardous substance in excess of the prescribed norms to
immediately inform the
concerned authorities and to render all possible assistance.
Earlier
there was no such responsibility enjoined upon him.
4.
Section 5 of the act empowers the Central Government to issue
directions for (a) the closure, prohibition or regulation of any industry,
operation or process; or (b) the stoppage or regulation of the supply of
electricity or water or any other service. The earlier acts were extremely
feeble because they contained no provisions empowering the concerned
authorities to order the closure of a grossly polluting/hazardous unit.
Along with this a private citizen has now been given the right to file a
complaint in court against a polluting unit or polluters in his individual
capacity. The earlier Water Act, 1974 and Air Act, 1981 allowed only
Pollution Control Boards to lodge complaints in the courts.
5.
Section 19 (b) of the Act refers to a complaint to be made in court by
“any persons who has given notice of not less than 60 days in the
manner prescribed of the alleged offence and of his intention to make a
complaint to the Central Government or the authority or officer
authorized,” contrary to the Anglo-Saxon jurisprudence, and in the
interest of the environment, the Act holds a person to be guilty until
provided otherwise. Earlier it was left to the discretion of the pollution
control board whether to file a case against a unit or not ; a private
citizen could only request it to do so. Although the new Act requires a
person alleging offence under it to serve a 60 days notice to the
government before filing case, it does not dilute the person’s right to sue.
This provision is particularly welcome in the context of citizens becoming
increasingly aware of their rights and their need for a clean environment.
The laxity shown by pollution control boards in taking legal action
against polluting units can now be checked by vigilant citizens armed
with this provision.
6.
The Act has made India the first country in the world to make the head of
a Government department criminally liable if he failed to implement it.
Section 3 (3) of the Act provides for creation of an authority to issue
directions and to coordinate the execution of some 35 major
environment Acts that are currently in force. The implementing authority
will have wings for developing standards, monitoring and enforcement.
These wings will be manned by scientific, administrative and legal
personnel.
The standards will be laid down for the quality of
environment for different areas by constituting expert groups. These
standards will, as for as possible, be compatible with the international
ones.
7.
The penalties for defaulters in the Act are also more stringent. The
Water Act, 1974 provided for a maximum imprisonment of six years and
/ or a fine up to a total of Rs.10,000/- and in the Air Act, 1981 the limits
were a maximum imprisonment up to three months and/or fine upto a
total of Rs.10,000/-. In the new Act these limits have been raised. In
Section 15, it provides for prescribed punishment extending to, five
years of imprisonment or fine up to Rs.1,00,000/- or both and in case the
contravention continues, with additional fine which may extend to
Rs.5000/- for each day during which such failure continues after the
conviction for the first such failure. If the failure continues beyond a
period of one year after the date of conviction, the offender shall be
punishable with imprisonment for a term which may extend to seven
years.
The Act has special provision to fix the liability for the offences
committed by the companies and Government Departments. Section 16 of the
Act provides that the person who is directly in-charge shall be deemed to be
guilty of the offence punishable under this act. Even the Director, Manager,
Secretary and other officer may also be held guilty if it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of such persons. Similarly, Head of a
Government department and other officer may be held responsible under
Section 17 of the Act.
2.7.2. Weaknesses of the Act
While the act is fairly comprehensive in nature, but, there are some drawbacks
in it :
1.
All power and authority is vested in the hands of Central Government
which is not conducive to protection of environment. There is no free
delegation of powers to the State Governments. Even the authority or
authorities constituted to implement the Act are subject to the
supervision and control of the Central Government.
Excessive
centralization could become a major hurdle for the efficient execution of
the provisions of the Act. For instance, under Section 3 (2) of the Act, all
kinds of non-forest activities in forest areas is banned.
State
Government has been deprived of the power to grant permission for
such activities. The Centre had kept power to itself, giving top priority to
forest conservation. But despite ban, encroachment of forest lands and
illegal mining in forest continued unchecked. In Rajasthan alone, 17,000
mining lessees are operating in forest areas, whereas the Centre had
given permission in only 3,000 cases. Similarly, about 9,000 cases of
encroachments on forests lands have come to light in the State of
Rajasthan.
2.
No doubt, the penalties under Section 15 of the Act are quite stringent,
but in cases of large companies, these fines, large as they may appear,
are senseless if compared to the cost of compliance of environmental
standards which is often much more. In this context, it is suggested that
a penalty equivalent to the amount saved in not installing the treatment
equipment should be imposed. Similarly in case of large companies the
provisions as to the imprisonment are totally meaningless. For while the
directors are made responsible for violations of the provisions of the Act,
they escape punishment if they prove that they exercised all due
diligence to prevent the commission of such offence.
Most large
industrial concerns which are mainly responsible for violations are run by
large corporate bodies and it is a Herculean task to pinpoint the
individual one responsible for the lapse.
3.
In Section 7 of the Act, though there is a general mandate not to
discharge or emit any environmental pollutant in excess of the standards
prescribed by the act, the only remedy that is provided for it by way of
penalties and imprisonment which are hardly deterrent in nature.
4.
Boards alone can prosecute for violations of the provisions of the Act,
which are rarely pursued.
5.
The Act nowhere recognizes the right to information of citizens. Citizens
have neither an access to information with regard to polluting industries
nor with regard to action taken by the Governments against offenders.
Thus the right of individual to prosecute offender under the Act cannot
be exercised effectively without access to information.
6.
A person cannot directly file a petition in court on question of
environment. Under Section 19 he is required to give a notice of not
less than 60 days to the Central Government of his intention to make a
complaint. He can only go to the court if the Government does not act
on the notice of this period. This requirement of notice makes senseless
the provision of immediate remedial action.
Further that if the
Government itself files a complaint against the industry or communicates
to the individual its decision not to file a complaint, the individual cannot
proceed with the complaint.
7.
The Act bars the jurisdiction of Civil Courts in all matters of
environmental
pollution.
This
bar
coupled
with
the
ineffective
implementation of the fact leads to a situation where public is left
helpless to find any remedial action against environmental pollution.
Most of the industries, thus, escape from punishment with the
knowledge that they cannot be prosecuted by individuals in civil or
criminal courts and also that Boards on their part seldom initiate action.
8.
Section 24 (2) of the Act reads as follows : “where any Act or omission
constitutes an offence punishable under this Act and also under any
other Act, then the offender found guilty of such offence shall be liable to
be punished under the other Act and not under this Act”. This is an
anomaly as most of the offences committed under the new Act would
also be punishable under the Water and Air Acts, and the penalties
provided for in these Acts are less stringent than those permitted by the
new one. Since, the offenders under shelter of Section 24 (2) of the new
act would have to be punished according to the earlier Acts, they would
therefore, would get away with a lighter punishment. It appears to be
rather superfluous to have different Acts with common and overlapping
areas of jurisdiction. This lacuna in the Act needs to be removed at
once to demarcate clearly different areas of jurisdiction and the effective
enforcement of the new Act.
9.
There is lacking specific mandatory provision for the industry to prepare
and submit to the concerned authorities a suitable Environment Impact
Assessment (EIA) report before the location chosen is approved. The
EIA gives the environmental consequences and alternatives including
cost benefit analysis. Perhaps Bhopal disaster might not have occurred
if there had been a detailed prior study of environment impact before
Union Carbide was permitted to start its factory in a crowded city like
Bhopal.
The degradation of the environment due to development
projects like highway and mining will be sought to be minimized through
EIA. In the US, the National Environmental Policy Act (NEPA), 1969,
statutorily requires that EIA be prepared prior to any federally financed
project. In India, at present, prior to being set up, all that a government
financed industrial unit needs is a simple “no objection certificate” from
the concerned pollution control board. It is high time to introduce this
system in India as it has already been in existence in various countries
like the U.S.A., Canada, Russia, etc.
10.
There is no mention of current issues such as deforestation and
ecological imbalances caused by massive development projects, and
the destructive potential of the thermal power plants, river valley
projects, mine projects, etc. which are detrimental to the environment.
11.
Problems of the nuclear power plants have not been incorporated in the
new Act. The Chernobyl Nuclear Reactor Breakdown of 1986 and Three
Mile Island Accident of 1979 and the recent Tokaimura Accident of 1999
underscore the need to have specific provisions for dealing with the
dangers of nuclear energy.
A specific section of the prohibitions,
restrictions and procedures to be adopted in the use of nuclear power
plants and potential nuclear accidents could have been added.
12.
There is no regulation prohibiting the import and marketing of chemicals
which have been banned in other countries.
2.8.
SUMMARY
Certainly, the enactment of Environment (Protection) Act, 1986 is a bold
step taken up by our late Prime Minister, Rajiv Gandhi. Wide in scope, it sets
the tone for the planning and execution of a nation-wide programme for the
abatement and control of environmental pollution. The major difficulty in its
execution is that alleged offenders invariably obtain stay orders from the courts.
Let us hope that the authority constituted to implement it, succeeds in this
Herculean task.
We hope with the setting up of separate environmental courts and
further individuals may be allowed to take action against the erring industrial
units and notice may be relaxed in case of immediate and emergent situations.
The subject of Environment Protection may be made compulsory at school
level too. The press, media and T.V. should play constructive role to propagate
evil effects of the noise pollution and its remedy.
2.9. KEY WORDS
Abetment
Reduction of pollution through reuse or waste treatment.
Pollutant
Some thing that pollutes the environment.
Environment
Environment is difficult to define. Its normal meaning relates to
"surrounding" or the conditions under which a person or a thing exists and
develops his or its character. The physical environment comprises the land,
water and air, while biological environment includes the plants, animals and
other organisms. The physical and chemical environment interact with one
another.
Toxic waste
Substances that are poisonous and cause death or serious injury to
humans and animals when released into the environment.
Waste
Any solid, liquid, or gaseous emission as a result of human activity, for
which no use can be found by the organism or the system that produce it and
for which a method of disposal must be devised.
2.10
SELF ASSESSMENT QUESTIONS
(1)
What are the salient features of the Environment (Protection) Act,
1986 ?
(2)
What are the powers of Central government under Environmental
Act, 1986 for the prevention of environmental pollution ?
2.11
(3)
What are the merits of Environmental Act, 1986 ?
(4)
Describe the weaknesses of Environment Act, 1986 ?
SUGGESTED READINGS
1.
Shyam Diwan (2001). Environmental Law and Policy in India.
2.
R. K. Trivedy (2004). Handbook of Environmental Law.
3.
Pal Chandra (1999). Environmental Pollution and Development.
4.
Pollution control acts, rules and notification by Central Pollution
Control Board, New Delhi. (2001)
UNIT-IV
PGDEM-06
THE WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1974
Narsi Ram Bishnoi
STRUCTURE
3.0. OBJECTIVES
3.1. INTRODUCTION
3.2. THE SALIENT FEATURES OF THE WATER ACT
3.2.1 Preliminary (Chapter I)
3.2.2 Constitution of Central and State Boards (Chapter II)
3.2.3 Joint Boards (Chapter III)
3.2.4 Functions of Central Board (Chapter IV)
3.2.5 Functions of State Board (Chapter IV)
3.2.6 Prevention and Control of Water Pollution (Chapter V)
3.2.7 Funds, Accounts and Audit (Chapter VI)
3.2.8 Penalties and Procedure (Chapter VII)
3.2.9 Miscellaneous (Chapter VIII)
3.3. WEAKNESSES OF THE ACT
3.4. CONCLUSION AND SUGGESTIONS
3.5. SUMMARY
3.6. KEY WORDS
3.7. SELF ASSESSMENT QUESTIONS
3.8. SUGGESTED READINGS
3.0. OBJECTIVES
After studying this unit, you will be able
•
To get appraised about the silent features of water act, 1974.
•
To know about the prevention and control of water pollution and
maintaining of wholesomeness of water (In the stream or well or
sewer or land).
•
To establish central and state Boards for the prevention and
control of water pollution.
2
•
For assigning the powers and functions relating there to and for
matters connected therewith.
3.1.
INTRODUCTION
The Water (Prevention and Control of Pollution) Act, 1974 was passed
by Parliament in 1974, under Article 252 of the constitution. The Act came into
force on March 13, 1974. Thereafter, the Act was amended in 1978 and 1988.
The Act was passed with the following objectives :
•
To provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water (in the stream or
well or sewer or land )
•
To establish Central and State Boards for the prevention and control of
water pollution, and
•
For conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.
The Water (Prevention and Control) Act, 1974 has the following eight chapters :
•
Preliminary (Sec.12)
•
Constitution of the Central and State Boards (Sec.3-12).
•
Constitution of Joint Boards (Sec.13-15)
•
Powers and Functions of Boards (Sec.16-18)
•
Prevention and Control of Water Pollution (Sec.19-33)
•
Funds, Accounts and Audit (Sec.34-40)
•
Penalties and Procedure (Sec.41-50)
•
Miscellaneous (Sec.51-64)
3.2.
THE SALIENT FEATURES OF THE WATER ACT
The salient features of the Act are as follows :
3.2.1 Preliminary (Chapter I)
The Act applies to the State of Assam, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
3
Rajasthan, Tripura and West Bengal as well as to the Union Territories and
other States which adopt this Act under Article 252(I) of the constitution.
3.2.2. Constitution of Central and State Boards (Chapter II)
This Chapter deals with the constitution of Central and State Boards,
terms and conditions of service of members, disqualification, meeting of Board,
constitution of committees, etc.
3.2.3. Joint Boards (Chapter III)
Joint Boards are constituted by an agreement between the Central and
State Governments or between two States (Sec.13).
their composition is
directed under Sec.14 of the Act.
3.2.4 Functions of Central Board (Chapter IV)
The Functions of the Central Board are to :
•
Promote cleanliness of streams and wells ;
•
Advice the Central Government on any matter concerning the prevention
and control of water pollution ;
•
Co-ordinate the activities of the State Board and resolve disputes among
them ;
•
Provide technical assistance and guidance to the State Board, carry out
and sponsor investigations and research relating to problems of water
pollution and prevention, control or abatement of water pollution ;
•
Plan and organize the training of persons engaged or to be engaged in
programmes for the prevention, control or abatement of water pollution
on such terms and conditions as the Central Board may specify ;
•
Organise through mass media a comprehensive programme regarding
the prevention and control of water pollution ;
•
Collect, compile and publish technical and statistical data relating to
water pollution and the measures devised for its effective prevention and
control and prepare manuals, codes or guides relating to treatment and
4
disposal of sewage and trade effluents and disseminate information
connected therewith.
•
Lay down (the standards for a stream or well) in consultation with the
State Government concerned,;
•
Plan and cause to be executed a nation-wide programme for the
prevention, control or abatement of water pollution ;
•
The Central Board may establish or recognize a laboratory or
laboratories to enable the analysis of samples of water from any stream
or well or of samples of any sewage or trade effluents.
3.2.5 Functions of State Board (Chapter IV)
The Functions of a State Board include :
•
To plan a comprehensive programme for the prevention, control or
abatement of pollution of streams and wells in the State and to secure
the execution thereof ;
•
To advise the State Government on any matter concerning the
prevention, control or abatement of water pollution ;
•
To collect and disseminate information relating to water pollution and the
prevention, control or abatement thereof ;
•
To encourage, conduct and participate in investigations and research
relating to problems of water pollution and prevention, control or
abatement of water pollution ;
•
To collaborate with the Central Board in organizing the training of
persons engaged or to be engaged in programmes relating to
prevention, control or abatement of water pollution and to organize mass
education programmes relating thereto ;
•
To inspect sewage or trade effluents, works and plans for the treatment
of sewage and trade effluents and to review plans, specifications, or
other data relating to plants set up for the treatment of water, works for
the purification thereof and the system for the disposal of sewage or
trade effluents or in connection with the grant of any consent as required
by this Act ;
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•
To lay down, modify or annual effluent standards for the sewage and
trade effluents and for the quality of receiving waters (not being water in
an inter-State stream) resulting from the discharge of effluents and to
classify waters of the State ;
•
To evolve economical and reliable methods of treatment of sewage and
trade effluents, having regard to the peculiar conditions of soils, climate
and water resources of different regions and more especially the
prevailing flow characteristics of water in streams and wells which render
fit impossible to attain even the minimum degree of dilution ;
•
To evolve methods of utilization of sewage and suitable trade effluents in
agriculture ;
•
To evolve efficient methods of disposal of sewage and trade effluents on
land, as are necessary on account of the predominant conditions of
scant stream flows that do not provide for major part of the year of the
minimum degree of dilution ;
•
To lay down standards of treatment of sewage and trade effluents to be
discharged into any particular stream taking into account the minimum
fair weather dilution available in that stream and the tolerance limits of
pollution permissible in the water of the stream, after the discharge of
such effluents ;
•
To make, vary or revoke any order – (i) For the prevention, control or
abatement of discharges of waste into streams or wells ; and (ii)
Requiring any person concerned to construct new systems for the
disposal of sewage and trade effluents or to modify, after or extend any
such existing system or to adopt such remedial measures as are
necessary to prevent, control or abate water pollution.
•
To lay-down effluent standards to be complied with any persons while
causing discharge of sewage or sludge or both and to lay down, modify
or annual effluent standards for the sewage and trade effluents
•
To advice the State Government with respect to the location of any
industry the carrying on of which is likely to pollute a stream or well ;
6
•
To perform such other functions as may be prescribed or as may, from
time to time, be entrusted to it by the Central Board or the State
Government ;
•
The State Board may establish or recognize a laboratory or laboratories
to enable the analysis of sample of water from any stream or well or of
samples of any sewage or trade effluents.
3.2.6. Prevention and Control of Water Pollution (Chapter V)
The Act has the following provisions for the prevention and control of
water pollution :
•
Power of State Government to restrict the application of the Act to
certain areas (Sec.19)
•
Power to obtain information (Sec. 20) ;
•
Power to take samples of effluents and procedure to be followed in
connection therewith (Sec.21) ;
•
Reports of the results of analysis of samples taken (Sec.22) ;
•
Power of entry and inspection (Sec.23) ;
•
Prohibition and use of stream or well for disposal of polluting matter etc
(Sec.24) ;
•
Restrictions on new outlets and new discharges (Sec.25) ;
•
Provisions regarding existing discharge of sewage or trade effluent
(Sec.26) ;
•
Refusal or withdrawal of consent by State Board (Sec.27) ;
•
Power to entertain application (Sec.28) and revision of order (Sec.29);
•
Power of State Board to carry out certain works (Sec.30) ;
•
Furnishing information to State Board and other agencies in certain
cases (Sec.31) ;
•
Emergency measures in case of pollution of stream or well (Sec.32) and
•
Power of Board to make application to courts for restraining
apprehended pollution of water or streams or wells (Sec.33) ;
Under this chapter, the State Government is competent to restrict the
application of this Act to certain areas.
Each such water pollution,
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prevention and control area may be declared either by reference to a
map or by reference to the line of any watershed or the boundary of any
district. Here the State Government may alter any such area whether by
way of extension or reduction (Sec.19).
Under the Act, State Board or any officer empowered by it is competent
to obtain information (Sec.20) and to take samples of effluent which is passing
from any plant or vessel or from or over any place into stream or well (Sec.21).
Such sample is sent to analyst and after analysis, result of such analysis
is submitted to Central or State Board, as the case may be (Sec.22).
Any person, who is empowered by a State Board in this behalf shall
have a right at any time to enter, with such assistance as he considers
necessary, any place for the purpose of examining any plant, records, etc.,
when he has a belief that an offence was committed under this Act (Sec.23).
The State Board is also competent to put restrictions upon the use of any
stream or well for the disposal of polluting matters etc. (Sec.24) as also upon
the use of new outlets and new discharge point of sewage or trade effluent
(Sec.25). The provisions of section 25 (which is related to the restriction on
new outlets and new discharge) may be applied in relation to any person
discharging any sewage or trade effluent into a stream or well or sewer or on
land, immediately before the commencement of the Act, subject to the
modification that the application for consent to be made under section 25 (2).
This sub-section contains particulars regarding the proposed construction,
installation or operation of the industrial or commercial establishment or of any
treatment and disposal system or of any extension or addition thereto and such
other particulars as may be prescribed. Under the Act, the State Board shall not
accord its consent to the bringing into use of a new or altered outlet unless the
outlet is so constructed as to comply with the provisions of the Act (Sec.27).
Any person aggrieved by an order made by the State Board under
section 25, 26 or 27 may, within a period of thirty days from the date on which
the order was communicated to him, prefer an appeal to such authority as the
State Government may think fit to constitute.
The Appellate authority may
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entertain the appeal even after the expiry of 30 days if such authority is
satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time (Sec.28). Where an order has been made by the State Board
under section 25, 26 or 27, the State Government may at any time either of its
own motion or on an application made to it in this behalf call for the records of
any case for the purpose of satisfying itself as to the legality or otherwise of
such order and may pass such order in relation thereto as it may think fit after
the revision of a case (Sec.29).
There are various other works which are to be carried out by the State
Board. Such works include service of a notice to a person, who violates the
provisions of the act (Sec.30) to receive information which is given by any
industry or trade (Sec.31) to take emergency measure in case of pollution
(Sec.32) to make application to courts for restraining pollution (Sec.33).
Amendment Act of 1988 empowers the State Boards to issue directions,
including orders to close, prohibit or regulate any industry, operation or process
and to stop or regulate the supply of water, electricity or any other service
(Sec.33A). In M/s Ambuga Petrochemicals Ltd. v. A.P. Pollution Control Board
(AIR 1997 A.P.43) case the Court held order by authorities directing closure of
industry valid under Section 33A of the Act.
In the instant case, effluents
treatment plant of the industry was not in operation. Partially treated effluents
discharged in a nearby tank thereby causing water pollution in the tank
resulting in danger to public life.
3.2.7. Funds, Accounts and Audit (Chapter VI)
The various provisions related to funds, accounts, budgets and audit of
the Central and State Boards are dealt with in this chapter (Sec.34-40).
3.2.8. Penalties and Procedure (Chapter VII)
Chapter Seventh of the Act deals with the various penalties and related
procedure. The important provisions of the chapter are as follows :
•
For failure to comply with directions under Section 20 (2) or (3), the
guilty person shall be punishable with imprisonment which may extend
9
to three months or with fine, which may extend to Rs.10,000/- or with
both and in case of failure continues in additional fine extending to
Rs.5,000 for every day during which such failure continues after the
conviction for the first such failure [Sec.41 (1) ]. Failure to comply with
any order issued under Section 32 (e) (1) or any direction issued by a
court under Section 33(2) or direction issued under Section 33-A, the
guilty shall be punishable with imprisonment not less than one year and
six months extending to six years and with fine.
In case of failure
continues, the offender is punishable with an additional fine extending to
Rs.5,000 for every day during which such failure continues after the
conviction for the first such failure [Sec.41 (2)]. If the failure referred to
in Section 41 (2) continues beyond a period of one year after the date of
conviction, the offender shall be punishable with imprisonment for a term
not less than two years extending to seven years and with fine [Sec.41
(3) ].
•
A person who destroys matter put up by the Board, or obstructs any
person acting under the directions of Board, or damages any property
belonging to Board etc. shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to
Rs.10,000, or with both [Sec.42 (1) ].
•
For contravention of the provisions of Section 24 of the Act, the guilty
person shall be punishable with imprisonment for a term which may
extend to six years and with fine.
The minimum sentence of
imprisonment for this offence is one year and six months (Sec.43).
•
A person guilty of contravention of the provisions of section 25 or 26 of
the Act shall be punishable with imprisonment, which shall not be less
than one year and six months but which may extend to 6 years and with
fine (Sec.44).
•
Any person convicted for contravention of the provisions of section 24,
25 or 26 of the Act shall be punishable with imprisonment for a term
which shall not be less than two years but which may extend to 7 years
and with fine (Sec.45).
10
•
A person guilty of contravention of any provisions of the Act or fails to
comply any order or direction given under this Act, for which no penalty
has been given elsewhere in this Act, shall be punishable with
imprisonment extending to three months or with fine extending to
Rs.10,000 or with both. In case failure continues he shall be punished
with an additional fine extending to Rs.5,000 for every day during which
such failure continues after the first such failure.
•
Offender’s name and place or residence, the offence and penalty
imposed shall be published at the offender’s expense in newspapers or
in such manner as the court may direct (Sec.46).
•
Where an offence under this Act has been committed by a company,
then every person who at that time was in-charge of that company, shall
be deemed to be guilty of the offence. However, such person shall not
be liable to any punishment, if the offence was committed without his
knowledge or if he exercised all due diligence to prevent the commission
of such offence (Sec.47).
•
Where an offence is committed by Government department, the Head of
the Department concerned shall be deemed to be guilty of the offence.
But the Head of the Department shall not be liable to any punishment if
he establishes that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such
offence (Sec.48).
•
No court shall take cognizance of any offence under the Act except on a
complaint made to it. No court inferior to that of the Magistrate first class
shall try any offence punishable under the Act (Sec.49).
•
All members, officers and servants of the Board shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal
Code, 1860 (Sec.50).
3.2.9. Miscellaneous ( Chapter VIII)
The various provisions related to establish or specify Central and State
Water Laboratories, appoint analysts for the purpose of analysis of water
11
samples, role of local authorities, power of Central and State
Governments, etc. are dealt herewith in this chapter.
3.3.
WEAKNESSES OF THE ACT
The Water (Prevention and Control of Pollution) Act, 1974 though
amended in 1978(44 of 1978) and 1988(53 of 1988), can no longer be
considered a comprehensive measure.
It has certain inherent
weaknesses which hinder the effective implementation of the provisions
of the Act. There are as follows :
1.
The definition of stream does not include an estuary. It is not certain
whether this may come under the term river or sea or tidal waters.
2.
The authorities under the Act are essentially government officials. There
is no involvement of people or environmental groups or activists in any
of the authorities constituted under Sections 3 and 4 of the Act.
3.
In Section 24, there is use of a word, polluting matter, which includes
sewage or trade effluent also. When sewage and trade effluents are to
be governed by Section 25 and 26 exclusively, what left for Section 24
will not be substantial. It may also be noted that under Section 24 the
offence occurs only when a person has violated the standards laid down
by the Boards. The Boards may not lay down standards for various
kinds of pollutants other than trade or sewage effluent. In such a case
person may not be guilty of any offence under the Act.
4.
Using the words ‘directly’ or ‘indirectly,’ Section 24 may create another
problem. Will the word ‘indirect’ cover the case of prevention of water
from land not flowing in a definite channel ? Will it cover the discharge
of trade effluent into the sewers maintained by a municipality ? Can a
person be prosecuted in a case where he is putting trade effluent into
sewers maintained by the municipality by its permissions, and the
municipality does not take care of the effluent while sending it into a
stream through the sewers ?
5.
Laying down standards involves various technical and policy issues.
The State Board may not be fully familiar with these technical and policy
12
issues, yet the Act does not impose any obligation on the State Board to
give a hearing to the affected parties to put forth their point of view.
6.
Installing the treatment plants may not be very difficult for a big unit but
for a small unit the owner may have the only alternative of closing down
his factory.
7.
There is no provision for acquisition of land by or for a person as
required for installation of treatment plants or to carry out other works to
treat the effluent before discharging into the stream. He may himself
have to take recourse to the Land Acquisition Act for the purpose and
this is a time consuming process.
8.
Under the Act, there is a provision for appeal to an Appellate Authority
by the aggrieved party when in his opinion, the State Board has imposed
unreasonable conditions in respect of his application for Consent under
Sections 25, 26 & 27 of the Act.
The ‘Appellate Authority’, while
adjudicating, has only a limited jurisdiction under the Act and has been
assigned the task of determining the reasonableness or otherwise of the
conditions only imposed by the Board.
Neither the Board nor the
‘Appellate Authority’ has an authority to impose fines on an erring
industrialist.
9.
The Board, under Sections 25 and 26 of the Act, is empowered to
regulate and control pollution through the instrumentality of Consent
Application. The problem arises when pollution takes place in spite of
the strict compliance of the provisions of the consent order and thereby
some damage is caused to the life or property of some other person.
The responsibility of the polluter is over because he has obtained
approval of the Board. Further, the Board itself is not responsible by
virtue of Section 50 of the Act when read with Section 20 of I.P.C. The
only remedy left with the aggrieved parties that of resorting to agitation
to draw the attention of the authorities to their grievance.
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3.4.
CONCLUSION AND SUGGESTIONS
Effective pollution control demands a devoted and genuine commitment
on the part of the Government to clean the water and this desire should
manifest itself in a workable regulatory scheme. This was not perceptible until
the publication of the Water Act, 1974. Pollution was regarded earlier as a
mere public health problem, but now it is perceived as a socio-economic
problem of affecting industrialists, farmers and consumers.
Unless the
government is serious in containing pollution, and, there is a determined effort
on its part, industrialists realize that they have no right to jeopardize the lives of
the people by indiscriminately discharging trade effluents into water courses,
and an awareness is developed among the public about the nature and the
consequences of the pollution problem, the provisions of the Act will have no
significance. Every effort should be made to meet the situation in effective
manner without hindering the country’s industrial progress. The anti-pollution
devices have to be adopted and made mandatory. Municipal facilities for the
treatment of domestic and industrial waste should be provided.
Ample
scientific and technical expertise should be made available to keep the potable
water clean and free from any contamination. The organic wastes and tradeeffluents should be properly treated and processed. Some suggestions offered
to make the pollution problem a practical success are as
i.
follows :
Involvement of subject experts: As the success largely depends upon
the proper functioning of the Boards, the Government should attract best
environmentalists as members of the Boards.
ii.
Levying cess on industries : The government should ensure that the
work of the Boards is not handicapped for lack of financial resources.
Some form of cess may be levied on industries or authorities which
consume water and utilize the same to establish well equipped
laboratories, monitoring instrument and sophisticated equipments to
control pollution. Though the provision of levying cess is provided under
Water Cess Act, 1977, but the rates of cess are poor.
iii.
Imposition of service charges : Municipality or the Government may
impose service charge for handling the problem of pollution.
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iv.
Grant and renewal of licences : the grant and renewal of licences to the
industries should be made conditional on satisfying the required standards
in the matter of pollution control.
v.
Localisation of industries : Undue concentration of pollution prone
industries in the same region should be avoided.
vi.
Tax incentives : The Government by way of tax incentives, grants or
loans to the industries for the installation of the treatment plants can solve
the problem of water pollution. These incentives can be given for the
purchase of machines, tools and chemicals, towards payment of general
taxes, income tax, sales tax and excise duty.
vii. Provision of percentage of capital investment : When new pollutionprone industries spring up, an appropriate percentage of their capital
investment be earmarked for pollution control measures.
viii. Third party’s right to seek remedy : It should be explored whether the
facility of initiating prosecution under Section 25 and 26 of the Act be
made available to third parties, who are exposed to suffer from pollution
health hazards.
ix.
Right to veto : The Director of Public Health be given the right to veto in
cases where industrial operations in his opinion are likely to affect
adversely public health and welfare.
x.
Judicial power to appellate authority : It would be judicious, if the
Appellate Authority under the Indian Act is converted into a permanent
tribunal and is conferred upon with a wider jurisdiction and with a statutory
duty to publish its reasoned decisions.
xi.
Power to impose penalty : In certain areas the Board should be given
powers to impose pecuniary penalties.
xii. Power to closure industry : The Board should be empowered to order
closure of a defiant industry for a fixed period to make the industry more
responsive to the Board’s directions and to take steps so as not to invite
the wrath of the Board.
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3.5. SUMMARY
The water (prevention and control of pollution ) act, 1974 was passed for
prevention and control of water pollution. This unit covers the constitution of
central and state boards as well as joint boards and their functions and powers
for prevention and control of water pollution. The procedures for accounts, audit
and penalties for violation of water acts as well as weakness of the act are also
discussed.
3.6. KEY WORDS
Wastewater
Water containing dissolved and suspended solids from municipal or
industrial sources.
Water pollutant
A water pollutant can be defined as a physical, chemical or biological
factor causing aesthetic or detrimental effect on aquatic life and on those who
consume water.
Water pollution
Change in physical, chemical or biological properties of water that can
adversely affect the health and other activities of human and other living
organisms.
Wastewater treatment
Physical, chemical or biological processes employed to remove
dissolved and suspendal solids from wastewater.
Standard
Standard applies to any definite principal or measure establishment by
an authority by limiting concentration of constituents in water which ensure the
safe use of water and safeguard the environment.
3.7.
SELF ASSESSMENT QUESTIONS
(1)
Discuss the salient features of Water Act, 1974 as amended from
time to time.
16
(2)
What are the powers vested the State Government for prevention
and control of water pollution under Water Act 1974 ?
(3)
Write down the function of Central and State Board.
(4)
What are the weaknesses of Water Act, 1974 ? Explain.
3.8. SUGGESTED READINGS
1.
Shyam Diwan (2001). Environmental Law and Policy in India.
2.
R. K. Trivedy (2004). Handbook of Environmental Law.
3.
Pal Chandra (1999). Environmental Pollution and Development.
4.
Pollution control acts, rules and notification by Central Pollution
Control Board, New Delhi. (2001)
UNIT-IV
PGDEM-06
AIR POLLUTION (PREVENTION AND CONTROL ) ACT, 1981
Narsi Ram Bishnoi
STRUCTURE
4.0.
OBJECTIVES
4.1.
INTRODUCTION
4.1.
INTRODUCTION
4.2.1. Preliminary (Sec.1-2)
4.2.2. Central and State Boards for Prevention and Control of Pollution
(Sec.3-15)
4.2.3. Power and functions of Boards ( Sec.16-18)
4.2.4. Prevention and Control of Air Pollution (Sec.19-31)
4.2.5. Fund, Accounts and Audit (Sec.32-36)
4.2.6. Penalties and Procedure (Sec.37-41)
4.2.7. Miscellaneous (Sec.47-54)
4.3.
THE SCHEDULE
4.4.
COMMENTS
4.5.
SUMMARY
4.6.
KEY WORDS
4.7.
SELF ASSESSMENT QUESTIONS
4.8.
SUGGESTED READINGS
4.0.
OBJECTIVES
After studying this unit, you should be able to :
•
Understand the steps taken for prevention, control and abatement
of air pollution.
•
Know the powers and functions of central and state boards.
•
Understand the procedure for a maintenance of account, audit and
penalties for violation of Air pollution Act.
4.1.
INTRODUCTION
India being a signatory to the U.N. Conference on Human Environment
held in Stockholm (Sweden) in June 1972, where the participants decided to
take appropriate steps for the prevention and control of pollution. Accordingly,
2
the Parliament of India enacted the Air (Prevention and Control of Pollution)
Act, 1981 for prevention, control and abatement of air pollution.
4.2.
THE SCHEME OF THE ACT
The Air (Prevention and Control of Pollution ) Act of 1981,
subsequently amended in 1987, has the following seven chapters (Sec.1-54) :
•
Preliminary (Sec.1-2)
•
Central and State Boards (Sec.3-15)
•
Powers and Functions of Boards (Sec.16-18)
•
Prevention and Control of Pollution (Sec.19-31)
•
Fund, Accounts and Audit (Sec.32-36)
•
Penalties and Procedure (Sec.37-46)
•
Power of State Government to supersede State Board (Sec.47-54)
The scheme of the Act is as follows :
4.2.1. Preliminary (Sec.1-2) :
The Air (Prevention and Control of Pollution) Act, 1981 extends to the whole
of India. It came into force on 16th May, 1981. In Section 2 of the Act various
terms including air pollutant and air pollution have been defined.
•
Air Pollutant means any solid, liquid or gaseous substance (including
noise) present in the atmosphere in such concentration as may be or
tend to be injurious to human beings or other living creatures or plants
or property or environment (Sec.2a)
•
Air Pollution means the presence in the atmosphere of any air pollutant
(Sec.2b)
4.2.2. Central and State Boards for Prevention and Control of Pollution
(Sec.3-15) :
Chapter Second of the Act deals with the provisions related to Central
and State Boards for Prevention and Control of Pollution. The Central Board
for the Prevention of Water Pollution constituted under Section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 will also perform the functions
of the Central Board for the Prevention and Control of air Pollution (Sec.3).
3
Similarly, the State Boards constituted under the said Act will also perform the
functions of State Boards in respect of prevention, control and abatement of
air pollution (Sec.4), No State Board shall be constituted for Union territory.
The Central Board will exercise the power and perform the functions of a
State Board under the Act for Union territories (Sec.6). The State Board to be
constituted under the Act (Sec.5) shall consist of the following members,
namely
•
A Chairman, having special knowledge or practical experience in
environmental protection, to be nominated by State government [Sec.5
(2) (a)] ;
•
Official members not exceeding five, to be nominated by State
Government [Sec.5(2) (b)] ;
•
Members of the local authorities, not exceeding five, to be nominated
by State government [Sec.5(2) ( c )] ;
•
Non-official members not exceeding three, to be nominated by the
State Government to represent the interests of agriculture, fishery or
industry or trade or labour or any other interest [Sec.5 (2) (d)] ;
•
Two persons from the Companies or Corporation, to be nominated by
the State Government {Sec.5(2) (e)] ; and
•
A
full-time
Member
Secretary
having
practical
experience
in
environmental matters, to be appointed by the state Government
[Sec.5 (2) (f)].
This chapter also deals with the terms and conditions of service ( of
members of the State Board), disqualifications for appointment as member of
the Board, filling-in of vacancy, meetings of Board, constitution of committees
by the Board, temporary association of persons with Board, employees of
State Board and delegation of powers, etc. (Sec.7-15).
4.2.3. Power and functions of Boards ( Sec.16-18)
The Chapter Third of the Act deals with the powers and functions
Boards under Section 16 and 17 of the Act Central and State Boards have to
perform the following functions :
4
•
To advice, plan and execute nation wide programmes, provide
technical assistance and guidance, carry out investigation and
research, plan and organize the training of persons, organize through
mass media comprehensive programmes, collect, compile, and publish
technical and statistical data, prepare manuals, codes or guides,
regarding prevention, control and abatement of pollution ;
•
Lay down standards for quality of air ; and
•
To establish or recognize laboratories for the aforesaid purposes.
The Chapter further deals with the power of the Central Government
and Central Board to give directions (Sec.18).
4.2.4. Prevention and Control of Air Pollution (Sec.19-31)
The Chapter Fourth of the Act deals with the Prevention and Control of
air Pollution.
Air pollution may be prevented and controlled by the State
Government, by declaring any areas within the State as air pollution control
area or areas for the purpose of this Act (Sec.19). The State Government is
also empowered to give instructions to the concerned authority for ensuring
standards for emission of air pollutants from automobiles (Sec.20), and put
restrictions upon the use of certain industrial plants in an air pollution control
area (Sec.21). If a person is operating any industrial plant in any air pollution
control area, then such industrial unit must not discharge, air pollutant in
excess of the standards, which are laid down by the State Board (Sec.22).
Board may make an application to a court for restraining persons from
causing air pollution in any air pollution control area (Sec.22-A). Here it is the
duty of the person concerned to furnish information to the State Board and
other agencies, if excess of air pollutant is discharged in the atmosphere from
the units, situated in pollution control area (Sec.23).
Subject to the provisions of this Act, the State Board is empowered to
confer upon any person a right to enter into any place for the purpose of
performing any of the functions of the State Board entrusted to him (Sec.24).
Further the State Board is also empowered to obtain information (Sec.25) and
to take samples of air or emission (Sec.26) etc. Such samples are then sent
5
to the State Air Laboratory, for analysis and the report of the Analyst may be
used as evidence (Sec.27-30). Any person aggrieved by an order made by
the State Board under this Act, may prefer an appeal to the Appellate
Authority within a period of 30 days from the date of such order (Sec.31).
4.2.5. Fund, Accounts and Audit (Sec.32-36)
The Chapter Fifth of the Act contains provisions relating to the fund,
accounts and audit of the accounts of the Board.
4.2.6. Penalties and Procedure (Sec.37-41)
The Chapter Sixth of the Act deals with the provisions of penalties and
procedure. If a person fails to comply with the provisions of Section 21 or
Section 22 or with orders or directions issued under Section 31-A, then such
persons is liable to punishment with imprisonment for a term not less than one
year and six months which may extend to six years and with fine. In case
such failure continues, the punishment of an additional fine may be imposed
which may extend to Rs.5000/- for everyday, during the period such failure
continues after conviction for the first such failure [Sec.37 (I)]. If such failure
continues beyond a period of one year after the date of the conviction, then
the offender is to be punished with imprisonment for a term not less than two
years which may extend to 7 years and with fine [Sec.37 (2)]. On the other
hand, if a person destroys any notice or obstructs any person acting in
accordance with the orders of the Board or damages any property belonging
to Board, he is to be punished with imprisonment for a term which may extend
to three months or with fine which may extend to Rs.10,000/- or with both
(Sec.38). Here it is interesting to note that if a person contravenes any of the
provisions of this Act, for which no penalty has been provided in this Act, then
such person is to be punished with imprisonment for a term which may extend
to 3 months or with a fine which may extend to Rs.10,000 or with both and in
the case of continuing contravention, with an additional fine which may extend
to Rs.5,000 for everyday during which such contravention continues after
conviction for the first such failure (Sec.39).
Under this Act, if offence is
committed by a company then every person who is incharge of the company
6
at the relevant time and the company itself, is deemed to be guilty of the
offence and liable to be proceeded against and punished accordingly
(Sec.40). Similarly, if offence is committed by a government Department then
the Head of that Department is liable for punishment (Sec.41).
If any act is done or intended to be done in good faith under this Act
then no suit, prosecution or other legal proceeding shall lie against authorities
(Sec.42). The court is not competent to take cognizance of any offence under
the Act, except on a complaint make by or with the previous sanction in writing
of the State Board Under the Act, members, officers and employees of the
Board are treated public servants within the meaning of Section 21 of the
Indian Penal Code, 1860 (Sec.44). It is the duty of Central and State Boards
to furnish reports and returns to the Central and the State Governments
respectively (Sec.45).
This Act bars the jurisdiction of the civil courts, in
respect of any matter for which the appellate authority empowered to
determine any dispute, is constituted under the Act (Sec.46).
4.2.7. Miscellaneous (Sec.47-54)
The Chapter Seventh contains the miscellaneous provisions, which
relate to (i) power of State Government to supersede State Board (Sec.47), (ii)
special provisions in the case of suppression of the Central Board or the State
Board (Sec.48), and (iii) dissolution of State Boards (Sec.49), (iv)
maintenance of register (Sec.51), (v) effect of other laws (Sec.52), and (vi)
power of Central and State Governments to make rules (Sec.53, 54).
The industries covered under Air (Prevention and Control of Pollution)
Act, 1981 are specified in the following schedule :
4.3.
THE SCHEDULE
( See Sections 21, 22, 24, and 50 )
1.
Asbestos and asbestos products industries
2.
Cement and cement products industries.
3.
Ceramic and ceramic products industries.
4.
Chemical and allied industries.
5. Coal and lignite based chemical industries.
7
6.
Engineering industries.
7.
Ferrous metallurgical industries.
8.
Fertilizers industries.
9.
Foundries.
10.
Food and agricultural products industries.
11.
Mining industry
12.
Nonferrous metallurgical industries.
13.
Ores/mineral processing industries.
14.
Power (coal, petroleum and their products) generating plants and boiler
plants.
15.
Paper and pulp (including paper products) industries.
16.
Textile processing industries (made wholly or in part of cotton).
17.
Petroleum refineries.
18.
Petroleum products and disposal of wastes.
19.
Plants for recovery from petrochemical industries.
20.
Incinerators.
4.4.
COMMENTS
1.
Section 2 (a) of the act defines Air Pollution which confined only to any
solid, liquid or gaseous substances (including noise) present in the air.
It is submitted that the definition should also cover radiant energy.
2.
Under the Air Act, 1981 and the Water act, 1974 there is a common
provision for constituting a Central Board for the prevention and control
of pollution. Under Section 5 of the Air Act, the State Government,
shall appoint and constitute State Boards for the prevention and control
of air pollution. But, under Sections 47 & 48 of the Act, the State
government is empowered to supersede the Board at any time. Also, it
can reconstitute the Board by a fresh notification or appointment. In
this context, it is to submit that these Boards should be autonomous
and beyond the grip of politicians who may be tools in the hands of
owners of the industries.
8
3.
Section 20 of the Air Act is an assurance for ensuring standards for
emission from automobiles.
Accordingly, the State Government is
empowered to give such instructions as may be deemed necessary to
the concerned authority in charge of registration of motor vehicles
under the Motor Vehicles fact, 1939, and such authority shall be bound
to comply with such instructions.
4.
Section 21 (I) of the act says that no person shall, without the previous
consent of the State Board, establish or operate any industrial plant
specified in the Schedule in an air pollution control area. In this context
it is suggested that there should be some provisions under this section
of the act to prescribe the height of chimneys, and permissible
measurement of grit, dust and fumes emitted from furnaces of each
type of industry.
5.
The Board is empowered under the Act to inspect (Sec.24), take
(Sec.26) and analyse (Sec.26-29) the samples, and also to award the
penalties (Sec.37-39). Any person aggrieved by an order made by the
State Board may appeal (Sec.31), within 30 days from the date on
which order is communicated to him, to such authority as the State
Government may think fit to constitute.
The Board is thus over
burdened with performing executive as well as judicial functions. It is,
therefore, suggested that the Board should confine its activities to
executive functions only ; judicial functions should be assigned to some
other independent body.
6.
Section 43 states that no court shall take cognizance of any offence
under this Act except on a complaint made by or with previous sanction
in writing of the State Board and no court inferior to that of a
metropolitan Magistrate or Judicial Magistrate of the first class shall try
any offence punishable under this Act. In this respect, it is suggested
that the offence under the Act should be made cognizable under
Criminal Law, and also that right of filing complaint should be extended
to individuals or NGOs under social action litigation policy.
9
4.5. SUMMARY
The main aim of this unit is to appraisal about the appropriate steps for
the prevention, control and abatement of air pollution. The Air (prevention and
control of pollution) Act came into force on 16th May, 1981 and subsequently
amended in 1987. Thus act has seven chapters which deals with the provision
related to powers and function of central and state boards, funds, accounts
and auditing procedure. This act also has provision of the penalties for the
violation of air pollution act. The list of the industries which covered under this
Air Act 1981 also mentioned.
4.6. KEY WORDS
Air pollution
It means any solid, liquid or gaseous substance present in the
atmosphere in such concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or environment.
Air pollution
Gaseous or aerosol material in the air not considered to be a normal
constituent or excess of a normal minor constituent such as sulphur dioxide,
carbon dioxide, nitrogen oxide, dust etc.
Aerosol
Dispersion of solid or liquid particles of microscopic size in gaseous
media. Haze and the clouds are the commonest atmospheric aerosol.
Acid rain
A condition in which natural precipitation become acidic after reacting
chemically with pollutants in the air.
Ambient air
The air that surrounds us.
Plume
Chimney effluent composed of gases alone or gases and particulates.
10
4.7. SELF ASSESSMENT QUESTIONS
(1)
What are powers vested with the State Government for
prevention and control of air pollution ?
(2)
Discuss the salient features of Air Act, 1981.
(3)
What are the penalties and procedure for violation of Air
Pollution Act, 1981 ?
(4)
What are role of Central and State Boards for prevention and
control of pollution ?
4.8. SUGGESTED READINGS
1. Shyam Diwan (2001). Environmental Law and Policy in India.
2. R. K. Trivedy (2004). Handbook of Environmental Law.
3. Pal Chandra (1999). Environmental Pollution and Development.
4. Pollution control acts, rules and notification by Central Pollution Control
Board, New Delhi. (2001)
UNIT-IV
PGDEM-06
ENVIRONMENTAL IMPACT ASSESSMENT
Prof. Anubha Kaushik
STRUCTURE
5.1.
INTRODUCTION
5.2.1 SIGNIFICANCE OF EIA
5.2.2 METHODOLOGY
5.2.2.1 Base Line Data
5.2.2.2 Impact Identification
5.2.2.3 Impact Prediction
5.2.2.4 Impact Evaluation
5.2.2.4.1 Cost Benefit Analysis
5.2.2.4.1 Environmental Valuation Techniques
5.2.2.4.1 Multi Criteria Method
5.2.2.5 Mitigation
5.2.2.6 Decision Analysis
5.2.2.7 Environmental Impact Statement
5.2.2.8 Environmental Audit
5.3
SUMMARY
5.4
KEY WORDS
5.5
SELF ASSESSMENT QUESTIONS
5.6
SUGGESTED READINGS
5.0
OBJECTIVES
After going through this chapter you will be able to understand :
•
What is meant by Environmental Impact Assessment (EIA) and
what is its significance.
•
What is the systematic procedure of conducting EIA.
•
What is environmental auditing.
1
5.1
INTRODUCTION
For a nation to progress socially and economically, development in
different fields is essential. While development helps in raising the
standards of life, it also has some side effects which are mainly
responsible for environmental deterioration.
In post-independence period, India under the leadership of our first
Prime Minister Lt. Pandit Jawaharlal Nehru went ahead with several
developmental projects and industrial growth. However, we did not
pay much heed to the pollution problem. In 1957, Pt. Nehru said, "we
have many large scale river valley projects which have been carefully
worked out by our engineers. I wonder, however, how much thought is
given before the project is launched, to having an ecological survey of
the area and to find out the effect to the drainage system or to the
flora 'and fauna of the area. It would be desirable to have such an
ecological survey of these areas before the project is launched and
thus avoid an imbalance of nature". The total insensitivity on these
aspects on the part of our government and policy makers until
recently has put a huge backlog of negative environmental impacts
which have to be set right.
It is very important, therefore, to know the environmental impacts of
various types of developmental activities. The cause and effect
relationships of the projects and their impact analysis has to be done
systematically.
Environmental impact Assessment (EIA) is a procedure to plan some
developmental activity with well-defined environmental goals so that
damage due to the activity both during developmental stage and
production stage do not have a serious impact on the natural system
and the population in the area.
2
The National Environmental Protection Agency (NEPA) U.S.A. in 1969
first of all provided the guideline through Council for Environmental
Quality (CEQ). These guidelines were implemented in 1970, which had
the following components :
(i)
Environmental Inventory
Consisting of a checklist of all physical, biological and cultural
environment in the area, which give us a holistic picture of the area
where the development project is planned.
(ii)
Environmental Assessment
Dealing with the prediction of anticipated change in an environmental
descriptor, determining the magnitude of change and finding the
importance
factor
of
the
change.
The
assessment
should
be
interdisciplinary, systematic and must have reproducible results.
(iii) Environmental Impact Statement (EIS)
EIS is written in a format specified by NEP A or any specific agency
like Ministry of Environment and Forests (MOEF) in India.
The EIS is usually in two forms :a)
Draft Statement
: Prepared by the agency proposing an action.
b)
Final Statement
: Prepared after review by govt. or private
interest groups.
5.2.1 SIGNIFICANCE OF EIA
The goals for EIA can be summed-up as follows :(i)
Fulfill the responsibilities towards the coming generations as
trustees of environment.
(ii)
Assure safe, healthy, productive and aesthetically as well as
culturally pleasing surroundings.
3
(iii)
Provide widest range of beneficial uses of environment without
degradation or risk to health.
(iv)
Preservation of historical, cultural and natural heritage.
(v)
Achieve a balance between population and resource use for a
good standard of living.
(vi)
Ensure sustainable development with minimal environmental
degradation.
The EIS should have the 5 basic themes along which the statement is
to be prepared:
(i)
The environmental impact of the proposed action
(ii)
The adverse impact that cannot be avoided if the developmental
activity is to occur.
(iii)
Alternatives suggested to the proposed action.
(iv)
Relationship between the local short-term benefits to the human
population of the area and the impacts and maintenance cost of
long-term production.
(v)
Irreversible changes in the resources.
The following points are usually incorporated while preparing the EIS :
•
Effect on land including land degradation and subsistence.
•
Deforestation and compensatory afforestation.
•
Air pollution and dispersion along with possible health effects.
•
Water pollution including surface water and ground water
pollution.
•
Noise pollution
•
Loss of flora and fauna
•
Socio-economic impacts including human displacement, cultural
•
loss and health aspect
•
Risk analysis and disaster management
•
Recycling and reduction of water
•
Efficient use of inputs.
4
In our country, MOEF (1985) has set the following aims for EIA
EIA is to be done with an aim to select the best alternative through
which adverse impact on the environment can be nullified or
minimized without compromising with the economic and social
benefits of the developmental project.
The alternatives can be in three ways :(i)
Alternative technology - options for technology with maximum
energy efficiency and minimal wastage.
(ii)
Alternative mitigating or controlling mechanisms through which
recycling of by products or reduction of emissions can take
place.
(iii)
Alternate phasing - to work out if phasing of the project is
possible instead of one stroke development to avoid drastic
impact.
However, besides these alternatives, the most important alternative
taken into consideration in EIA is the alternative sites i.e. whether site
I or II or III located in different natural area would have the least
impact of the development project.
Thus, the main purpose of EIA is precisely to estimate the type and
level of damage caused to natural environment in a well-defined time
scale so that remedial measures can be initiated on those aspects
requiring action at the right time.
5.2.2 METHODOLOGY
The general plan used in an EIA for any developmental project can be
represented as shown in Figure :-
5
Fig. 1 : Generalised EIA plan for any project
Various steps in the EIA methodology are as follows :1.
Base-line data
2.
Impact identification, prediction & assessment
3.
Mitigation
4.
Selection of proposed action or decision making
5.
Preparation of Environmental Impact Statement (EIS)
The pre-requisites for an EIA study are :(i)
Knowledge about the pertinent agency guidelines
(ii)
Knowledge of the project, its construction, operation and related
effects.
(iii)
Inter-disciplinary team for the study
(iv)
Systematic approach and reproducibility of results.
Now let us take up the systematic methodology to be adopted in steps.
6
5.2.2.1 Base line data
Significance
The baseline data forms the basis for assessment of the environmental
impacts of the proposed project, as it gives us a holistic picture of the
overall environmental setting of the project location on which the
project is going to have its effects.
•
The base line data is very important because it helps us to
identify any significant environmental items prior to initiation of
the action.
•
It also points out at any potentially critical environmental
changes.
•
It also provides sufficient information about the site to the
decision makers and reviewers, who might be unfamiliar with
the general location of the project area.
Approaches to be adopted
•
Out of all the parameters, the important parameters are to be
included while insignificant parameters are to be deleted.
•
There should be general knowledge regarding the anticipated
impacts and the assessment guidelines.
•
The important factors and impacts may be taken from other EIS
of similar projects.
Important Parameters
The following environmental parameters are usually considered while
preparing the base-line data:
7
(a)
Site location and topography
(b)
Regional demography - population distribution within 10 miles
and 50 miles radius; land-use, water-use pattern.
(c)
Regional landmarks - e.g. historical, cultural heritage in the
area. For this archeological or state register can be checked.
(d)
Geology - soil type, seismic areas, if any, are studied.
(e)
Hydrology - Groundwater and surface water resources are
quantified; water quality, pollution sources etc are studied.
(f)
Meteorology - Temperature extremes, wind speed and direction,
dew point, atmospheric stability, rainfall, storms etc are
recorded.
(g)
Ecology - the flora, fauna, endangered species, successional
stage etc are enlisted.
Out of all these parameters, for a particular project, some of the
parameters may be important while for others, some other parameters
could be important.
5.2.2.2 Impact Identification
It includes the details of project characterization and base-line
environmental characteristics to ensure the identification of full range
of environmental impacts.
During identification process, the positive and negative, direct and
indirect, significant and insignificant impacts are considered. Various
methods employed for impact identification are as follows :
8
(a)
Checklists
These are based on enlisting of specific environmental, social,
biological and economic factors affecting the environment, checklists
can be simple, descriptive, questionnaire-based or threshold of
concern checklists. In these checklists, we can simply jot down the list
of changes occurring or provide some descriptive data, or it involves
some yes/no questions related to the parameters. In threshold of
concern checklist, some threshold value is taken for each parameter.
A change beyond this value is supposed to be a cause of concern.
(b)
Matrices
This is most common type of impact identification method. Here . the
impacts are arranged in rows and columns i.e. like a matrix.
•
These
Simple Matrix
are
2-dimensional
in
nature.
We
have
environmental
component on one axis and developmental actions on the other axis.
•
Time Dependent Matrix: It shows time-scale of impacts.
•
Magnitude Matrix
The magnitude of impact is also denoted in the matrix by
putting symbols.
•
Leopold Matrix
It was developed by US Geological Survey (1971). It is a wellknown matrix which consists of a horizontal list of 100 project
actions and a vertical list of 88 environmental components.
Thus, theoretically 8,800 possible interactions exist. However,
in practice, about 25-30 interactions occur for each project.
Magnitude of the impact and importance of the impact are
shown on a scale varying from 1 to 10 (Fig 2).
9
Fig. 2 Leopold interaction matrix
The two most prevalent matrix methods which are used for Impact
identification and evaluation for environmental impact assessment are
the Leopold Matrix and Battelle Evaluation System.
We determine the impact of the proposed project for each parameter
and the degree of impact ranges from 0 (for very adverse) to 1 (for very
good). It is referred to as environmental quality.
10
•
Battelle System
This is usually employed for River Valley Projects 78 environmental
parameters are considered which are grouped into 4 categories :
ecology, environmental pollution, aesthetics and human interest. Each
parameter
is
assigned
a
specific
value,
known
as
parameter
importance unit (PIU) and sum total of all these is equal to 1000.
(Fig 3).
Fig. 3 Battelle environmental evaluation system
11
•
Weighted Matrix
One particular parameter can be more important for a particular
project. So it is better to give some importance weighting to the
environmental components. For example in case of a Sewage
Treatment Plant we assign more weight to water quality parameters
than others. So out of a total weight of 100, we may give weights as
follows :Parameter
Weight
Air Quality
21
Water Quality
42
Noise
09
Ecosystem
28
Total
100
In case of a dam, perhaps ecosystem would be given maximum
weighting. For an aerodrome project, air and noise pollution would get
more weighting.
•
Quantitative Method
It compares the relative importance of all impacts by weighting,
standardizing and aggregating the impacts. The best known method
here is EES - Environmental Evaluation System which consists of 74
Environmental, Social and Economic parameters.
Here numerical values are given to the parameters to study the
changes by comparing the value with the standard values e.g. a water
body with Dissolved Oxygen (D.O) exceeding 10 ppm is of High Quality
(Score 1) while a stream with less than 4 ppm D.O. has a low quality (
Say Score 0.35 ).
12
5.2.2.3 Impact Prediction
Here the magnitude and other dimensions of changes associated with
the project are identified in comparison with a situation without the
project. In other words, prediction involves identification of potential
change in the indicators of various environmental factors. Dol (1991)
called these environmental factors as receptor and described them as
follows :(a) Physical Receptors:
(i)
Air
-
Quality
(ii)
Water resources
-
Quality and quantity
(iii)
Soils / geology
-
Classification, risks, erosion etc.
(iv)
Flora & fauna
-
Economically important, indigenous,
endangered species.
(v)
Landscape
-
Quality
(vi)
Climate
-
Rainfall, temperature, wind
(vii)
Energy
-
Light, noise.
(b) Socio-economic Receptors:
(i)
Economic base
:
employment,
labour
market
labour
supply & demand.
(ii)
Demography
:
Population structure, migration.
(iii)
Infra-structure facilities: Housing, Wealth-facilities, Education,
Security, Roadways.
(iv)
Socio-cultural
:
Life-style, social problems, standards
of life, slum development.
Methods & Models for Prediction
(a)
Mathematical Model: The cause and effect relationships are
expressed in the form of a flow chart or mathematical function.
13
(b)
Mass Balance Model : This is usually adopted where physical
changes are involved e.g. concentration of a pollutant as a
function of stream flow and the distance downstream. Here all
inputs are balanced by the outputs.
5.2.2.4 Evaluation
After prediction of the impacts, their relative significance is assessed
by evaluation. The methods of evaluation can be qualitative or
quantitative. The methods of evaluation can be qualitative or
quantitative. The following are the aspects considered for evaluating
impacts
a)
Magnitude of the impact
b)
Temporal and spatial extent of the impact
c)
Recovery (resilience) of the affected environment
d)
The value of the affected environment
e)
Political repercussions.
One of the most important methods used to evaluate impact of a
project is cost benefit analysis.
5.2.2.4.1 Cost Benefit Analysis
This method takes into consideration a long view of these project and
also the side-effects. Net social benefit is considered including all costs
as well as benefits. This method was very effectively used for the
public sector projects in U.K., the first being used for the London
Airport. This method takes into account all tangible annual benefits
and costs in monetary terms. However, it is very difficult to identify
the intangibles. The intangible category includes loss of rare species,
urbanization of a beautiful natural landscape, loss of human health
etc.
Lately, some techniques for monetary valuation of environmental
factors have also been evolved.
14
5.2.2.4.2 Environmental Valuation Techniques
Direct Household Production Function
i)
Here it is estimated that how much would be the expenditure on
commodities
which
can
act
as
substitutes
for
a
particular
environmental change.
a) Avertive Expenditure : The estimate of value of peace and quietness
can be obtained by observing the expenditure on noise insulation.
b) Travel Cost Method: The cost of travelling and time spent for visit to
a site of recreation can be taken as an estimate of the value of the
scenic beauty of a natural site.
(ii)
Direct Hedonic Price Method
In this method, the real markets where these attributes are traded are
examined e.g. By comparing the house price in different localities i.e.
in a quiet place with clean air and a polluted and noisy place, we can
get an estimate of clean and quiet environment.
(iii)
Direct Experimental Market
In this method, survey is done to find individual values for nonmarket goods. e.g. experimental markets are created to discover how
people would value certain environmental changes.
Thus we can have 2 types of methods :a)
Contingent Valuation Method-
In this method people are asked what they are willing to pay (WTP) for
keeping some desirable factor (like a good piece of landscape, a
historic building etc.) or for preventing some loss.
Also, what they are willing to accept (WTA) for losing some factor
(native vegetation) or tolerating some factor (foul smell).
15
b)
Contingent Ranking Method
People are asked to rank their preferences for vanous environmental
goods.
iv)
Indirect Market Price Approach
If a stone bridge is eroded by pollution, then the cost of replacement
or restoration of the bridge is taken as the cost of pollution.
5.2.2.4.3 Multi-Criteria Method
This method involving scoring and weighting overcomes the drawback
of cost-benefit analysis. Quantitative scales are used according to the
availability of the information about the environmental impact.
Relative importance of the factor (parameter) is taken on a scale of 10
and given a weighting.
For example, we can use this method for impact evaluation of a
project in two alternative situations A & B.
Impact Type Weight
(W)
Alternative A
Score(b)
Alternative B.
Impact(aw) Score(b)
Impact (bw)
Noise
3
5
15
1
3
Loss of flora
4
1
4
3
12
Air Pollution
3
2
6
2
6
Total
10
25
21
Based on the above evaluation of impacts we can say that alternative
A is going to cause more severe impact (25) as compared to that of B
(21) So, we should prefer alternative B as compared to A.
5.2.2.5 Mitigation
After assessing the possible impacts of the proposed project,
16
mitigation measures are to be suggested in order to avoid, reduce and
if possible, remedy the significant adverse change. Various mitigation
measures could be as follows :a)
Avoidance of Impacts
This could be achieved by control of solid / liquid wastes by recycling
them or by removing them from the site for treatment elsewhere. This
could also be done by establishment of buffer zones in between the
site of project and local habitation.
b)
Reduction of adverse effects
This is done by using sensitive building designs, using colour
matching with the local environment to reduce visual impact of the
project. Using silt-traps and planting of crop-covers.
c)
Repair or restoration
The
agricultural
land
used
for
storage
of
materials
during
construction may be fully rehabilitated. Land used for gravel
extraction may be restored for agricultural use. Any diversion in
stream flow during construction by a road project must be reestablished.
d)
Compensation for adverse effect
If there is loss of a public recreational space or wildlife habitat, then
provision must be made for creation of a spot with afforestation or
plantation of the type of native plants. If there is lot of noise produced
during the project operation, sound insulation must be done.
5.2.2.6 Decision Analysis
After going through the various steps of impact identification,
17
prediction and evaluation, decision making is done. Individual
decision or group response are used for arriving at a decision. In order
to have minimum bias, group response IS usually taken. The most
commonly used approach is the Delphi approach.
Delphi Method
1.
The questionnaire is given to a respondent group consisting of 3
or more experts. The respondent has to give answer along with an
explanation according to one's perception.
2.
The monitor team reviews the agreements / disagreements of the
responding groups.
3.
The final understanding is conveyed to tile group as a feedback
and responses are taken again in the second questionnaire.
4.
The final evaluation is done using a ranking and weighting scale
varying from 0-5.
Nominal Group Technique
1.
Individual group members make observations in the presence of a
group.
Individual
judgments
are
presented
without
any
discussion.
2.
A group leader initiates a discussion, without bias, prevents
dominance of any member and provides clarification on relevant
issues.
3.
The individual members re-evaluate their ratings after the
discussion.
4.
Mathematical aggregation of final judgment is made.
For decision analysis, the ranking and rating of the attributes after
final evaluation is done for which several methods are available like
Goal Achievement Matrix, Concordance Analysis, Simple MultiAttribute Rating Technique etc, which gives the maximum utility value
of the project under a particular site location.
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5.2.2.7 Environmental Impact Statement
The Environmental Impact Statement (EIS) should include the
following five major aspects:
i)
The environmental impact of the proposed action
ii)
The adverse impact that cannot be avoided if the development
occurs.
iii)
Alternatives to the proposed action
iv)
Relation
between
the
local
short-term
use
of
human
environment and maintenance of long-term production.
v)
Irreversible changes in resources.
EIS is to be written in the format provided by the MOEF or CEQ as per
their guidelines.
5.2.2.8 Environmental Audit
EIA
must
be
followed
by
a
suitable
environmental
audit
or
environmental management system (EMS). Environmental impact
auditing involves comparison of the impacts predicted in the EIS with
those actually occurring after implementation to assess whether the
impact prediction performs satisfactorily. In order to maximize optimal
utilization
of
natural
resources
and
minimization
of
emission/discharge of pollutants/waste products in environment and
reuse/recycling
measures,
environmental
auditing
has
been
introduced by Ministry of Environment & Forests and the Pollution
Control Boards. An annual statement is required to be submitted by
Project Authorities to the Pollution Control Board reflecting their
achievements made during the year on above mentioned aspects. In
the industries like chemical industries, raw materials are used in
excess quite often due to operational deficiencies. The excess usage of
raw materials is to be checked. If these excess materials are not
19
recycled or recovered, they find their way to environment causing
pollution. Environmental auditing thus helps to safeguard the
environment and assists in complying with local, regional and
national laws and regulations, with the company's policy and with the
environmental standards.
Various projects in the following sectors are being assessed for
environmental impact by the Ministry.
Under
Industry and mining
Irrigation and power
Transport & communication.
the
Environmental
protection
Act
(1986)
the
following
ecologically sensitive (fragile) areas cannot be used for developmental
projects:
a)
b)
c)
Doon Valley & Arawali ranges
Some coastal areas as per coastal regulation zone notification.
Wild life sanctuaries, Biosphere reserves, national parks and
wetlands.
Thus EIA is a methodology through which efforts are being made to
provide suitable site from the point of view of environment for locating
a project through formulation of guidelines and rules. However, in
India till now the exact procedure of EIA for selecting the best site
among 3-4 alternatives is not followed. Environmental Clearance from
the MOEF, Govt. of India is, however, mandatory for certain
projects/industries under certain conditions. The implementation of
these conditions is monitored at field level by regional offices of
Ministry of Environment and Forests. Some industries which do not
fall within the ambit of MOEF have to approach State Pollution
Control Board for seeking no objection certificate and permission to
commission the project on the basis of assessment of quantity and
quality of pollutants and control measures adopted by the investor to
meet the prescribed standards.
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5.3.
SUMMARY
Development and growth always have some environmental impacts
alongwith socio-economic benefits. It is very important to plan our
development activities in such a way that there is benefit to the
society with minimum or no harm to the environment. Ministry of
Environment and Forests (MoEF) has laid the guidelines for
systematic
Environment
Impact
Assessment
(EIA)
before
any
development activity is planned. The best possible alternative is
selected for the project which has minimum impacts on environment.
For EIA first the projects and screened and baseline data is collected
for various alternate sites. Then identification and prediction of
impacts is done selecting appropriate method of checklist, matrix or
network
analysis.
Different
models
are
available
for
making
predictions. Impact evaluation is done by cost benefit analysis. It is
equally
important
to
have
monetary
evaluation
of
various
environmental parameters by adopting suitable techniques like
hedonic price approach, contingent evaluation, experimental market
system etc. After assessing the probable impacts of the proposed
action, mitigation measure are suggested to avoid, reduce, nullify or
remedy the probable impacts. This is followed by decision making
process undertaken by the reviewers. An environmental impact
statement is prepared and after the project is cleared monitoring of
the project impacts and environmental auditing is done. EIA is a very
important tool for achieving the goals of sustainable development.
5.4
KEY WORDS
EIA (Environmental Impact Assessment) : A procedure to plan
development
activities
with
maximum
benefits
and
minimum
environmental impacts.
21
Baseline data
:
Environmental
data
of
ambient
conditions during pre-project time.
Impact Identification
:
Method for identifying the probable
impacts of the project.
Cost benefit analysis
:
Evaluation of total costs and benefits in
monetary terms for the project.
Mitigation
:
Corrective methods to avoid, reduce or
remedy the significant adverse impact.
Environmental audit
:
Comparison of impacts predicted in the
EIS with those actually occurring after
implementation of the project.
5.5.
SELF ASSESSMENT QUESTIONS
(I)
Write true or false:
(1)
EIA helps in determining as to which alternative site
would be showing less impact of the development project.
(2)
Draft EIS is prepared after the implementation of project.
(3)
Impact identification must precede the base-line data
collection.
(4)
All the parameters of environment must be included in the
actual impact evaluation programme, whether significant
or non-significant.
(II)
Fill in the blanks:
(1)
In India __________ provides the guidelines for EIA.
(2)
Contingent valuation method is an approach to give monetary
__________ valuation of factors.
(3)
In
Multi-criteria
significance
of
method
the
of
impact
environmental
evaluation,
parameter
is
relative
given
a
__________ and the magnitude of the impact is assigned a
__________ .
(4)
The questionnaire method of decision analysis is better known
as method.
22
(III)
Answer the following :
1.
What is the significance of EIA ?
2.
Why is base-line data important? Which parameters are usually
taken in base-line inventory?
3.
Discuss various methods of impact identification and prediction.
4.
What is meant by cost-benefit analysis?
5.
What are the methods of environmental monetary valuation?
6.
What do you understand by mitigation?
23