IMCOST BUSINESS LAW Presentation Report The Environment (Protection) Act, 1986
Prepared By:- Group 1(1st Year – Sem. I)
Sr. No. 1 2 3 4 5 6 7 8 9 10 11 NAME Dinesh Mali Vaibhav Lokhande Renuka Lakhwani Sandeep Surve Samata Behare Peter John Jayapaul Sachin Pawar Krutika Kondgekar Pradnya Sawant Pallavi Patil Hero Chandnani COURSE MFM MFM MFM MFM MFM MMM MMM MHRDM MHRDM MHRDM MHRDM ROLL NO. F1112028 F1112027 F1112026 F1112054 F1112004 M1112078 M1112077 H1112105 H1112114 H1112111 H1112100
Approved by…
____________________ Prof. Shaukat Ali
IMCOST, Thane
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THE ENVIRONMENT (PROTECTION) ACT, 1986
INTRODUCTION:-
An Act to provide for the protection and improvement of environment and formatters connected therewith. Whereas the decisions were taken at theUnited Nations Conference on the Human Environment held at Stockholm in June 1972, in which NDA participated, to take appropriate steps for the protection and improvement of human environment.
The Environment (Protection) Act, 1986 was enacted to provide for the protection and improvement of environment and for matters connected therewith and the prevention of hazards to human beings, other living creatures, plants and property (preamble). The Environment Act came into effect from 09.11.1986 and extend to whole if ndia (sec. 1). The Environment Act is enacted with three main objects:
1) Protection of Environment 2) Improvement of Environment 3) Prevents of Hazards to: i) ii) iii) iv) Human beings Other living creatures; Plants and Property
Central Government has given powers to take measures to protect and improve the environment. The provision of Environment Act are supplemented by The Environment (Protection) Rules, 1986 In 1980, the Department of Environment was established in India. Later on it became the Ministry of Environment and Forests in 1985. the environment (protection) act, 1986 came into force soon after the Bhopal Gas Tragedy.
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In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the constitution. The purpose of the Act is to act as an "umbrella" legislation designed to provide a frame work for Central government co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act. The potential scope of the Act is broad, with "environment" defined to include water, air and land and the inter-relationships which exist among water, air and land, and human beings and other living creatures, plants, micro-organisms and property. However the Delhi Pollution Control Committee has been vested with the powers under the provisions under Section 5 the Central Government may, in exercise of its powers and performance of its function under this act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions which includes (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service (The Central Government has delegated the powers vested in it under Section 5 of the Act to DPCC) to be verified. Under Section 6 : The Central Government may by notification in the official Gazette make rules to regulate environmental pollution. Under Section 7 : No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of prescribed standards. Under Section 8 : 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 (These are explained in detail under Hazardous waste management rules). Under Section 10 : Any person empowered by the Central Government in this behalf has a right to enter any premises all at reasonable times in order to carry out the purpose of this Act. Under Section 11 : The Central Government or any officer empowered by it on this behalf has power to take for the purpose of analysis, samples of air, water, soil or other substance from any factory,
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premises or other place in the prescribed names and analysis of such sample may be produced an evidence in case of a legal proceeding. Under Section 15 : Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to fire years with fine which may extend to one lakh rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first failure or contravention. ENVIRONMENT:- [Sec. 2(a)]
Environment includes water, air, land, human beings, other living creatures, plants, mircoorganisum and property. It also includes light, food, heat, breeze and all other forces of nature, forming essential necessities of life. All surrounding constitute environment. These are all life creating, developing and saving devices.
“Environment” It includes water, air, and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. “Environmental Pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment.
Environmental pollutant:- [Sec. 2(b)] means any solid, liquid or gaseous substances present in such concentration as may be or tend to be injurious to environment and human being. “Hazardous Substance” means any substance or preparation which, by reasons of its chemical or physico-chemical properties, is liable to cause harm to human beings or other living creatures. “Handling” In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc
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Environmental pollution:- [Sec. 2(c)] means imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner, that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health. “Occupier” It 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 substance. “Hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.
OBJECTIVES OF ENVIRONMENT (PROTECTION) ACT, 1986 :-
? To co-ordinate the activities of the various regulatory agencies already in existence. ? To appoint environment officers to check environmental pollution ? To improve the quality of life by protection of environment. ? Establishing environmental laboratories. ? To protect the forests and wildlife in the country.
ENVIRONMENTAL ISSUES IN INDIA & CONCERNED LAWS Types of Environmental Pollutions:
A country’s environmental problems vary with its stage of development, structure of its economy, production technologies in use and its environmental policies. While some
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problems may be associated with the lack of economic development (e.g. inadequate sanitation and clean drinking water), others are exacerbated by the growth of economic activity (e.g. air and water pollution). Poverty presents special problems for a densely populated country with limited resources. Some of the environmental issues relevant to India are: 1.
Land/Soil Degradation:
Most of the land areas in the country show evidence of degradation, thus affecting the productive resource base of the economy. Out of the total geographical areas of 329 million hectares, 175 million hectares are considered degraded (Table 11.1).
Erosion by water and wind is the most significant contributor to soil erosion with other factors like water logging, salination etc. adding to the in situ degradation. While soil erosion by rain and river in hill areas causes landslides and floods, deforestation, overgrazing, traditional agricultural practices, mining and incorrect siting of development projects in forest areas have resulted in opening up of these areas to heavy soil erosion. In the arid west, wind erosion causes expansion of desert, dust storms, whirlwinds and destruction of crops; while moving sand covers the land and makes it sterile. In the plains, riverine erosion due to floods and eutrophication due to agricultural run off are noticed. Increased dependence on intensive agriculture and irrigation also results in salination, alkalization and water logging in irrigated areas of the country. TABLE 11.1 Soil Erosion and Land Degradation (Million Hectares) 1. 2. Total Geographical Area Area Subject to Water and Wind Erosion 328.7 141.3
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Area Degraded through Special Problems 3. 4. 5. Water Logged Area Alkali Soil Acid Soil 8.5 3.6 4.5 5.5 4.0 4.9 2.7 33.7
6. Saline Soil including Coastal Sandy areas 7. Ravines & Gullies 8. Area subject to Shifting Cultivation 9. Riverine & Torrents Total 3 to 9
Source : State of Environment, 1995 MOEF
Controlling such land/soil degradation is a sine qua non to achieving and maintaining food security, sustainable forestry, agricultural and rural developments. The Government strategy towards preventing land degradation include treatment of catchments areas, comprehensive watershed development, emphasis on low cost vegetative measures, survey and investigation of problem areas through remote sensing techniques, bio-mass production in reclaimed land, micro level planning and transfer of technology.
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Deforestation:
Forests are a renewable resource and contribute substantially to the economic development by providing goods and services to forest dwellers, people at large and forest based industries, besides generating substantial volume of employment. Forests also play a vital role in enhancing the quality of environment by influencing the ecological balance and life support system (checking soil erosion, maintaining soil fertility, conserving water,
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regulating water cycle and floods, balancing carbon dioxide and oxygen content in atmosphere etc.). The country has very diverse forest vegetation ranging from the moist evergreen forests in the North-East, along the West Coast and the Andaman & Nicobar Islands to the temperate and alpine vegetation in the Himalayas. However, this forest wealth is dwindling due to overgrazing, over exploitation, encroachments, unsustainable practices, forest fire and indiscriminate siting of development projects in the forest areas. Withdrawal of forest products, including fuel wood, timber etc. is much beyond the carrying capacity of our forests. The current annual withdrawal of fuel wood is estimated at 235 million cubic meters against a sustainable capacity of about 48 million cubic meters. The annual demand for industrial wood is about 28 million cubic meters against the production capacity of 12 million cubic meters. The area affected by forest fire range from 33 percent in West Bengal to 99 percent in Manipur. Presently, the recorded forest area is 76.52 million hectare which works out to 23.3 per cent of the total geographical area and actual forest cover is 63.3 million hectare, which constitutes only 19.3 per cent of the total land area, as against the National Forest Policy 1988 stipulation of a target of 33 per cent. Even within this recorded area, only 36.7 million hectare, or only 11.2 per cent of country’s total land area, comprises dense forest with a crown density of more than 40 per cent, thus reflecting a qualitative decline of forests in the country (Table 11.2). The total forest area diverted for non forestry purposes between 1950 and 1980 was 4.5 million hectare i.e. at an annual rate of 0.15 million hectare. To regulate unabated diversion of forest land for non forestry purposes, Forest (Conservation) Act, 1980 was enacted. It has resulted in reduction of diversion of forest area for non forestry purposes considerably and the present rate of diversion is 16,000 hectare annually. The forest area in the recent past has not changed much because its diversion for non forestry purposes has been more or less compensated by afforestation and natural regeneration programs of the Government. TABLE 11.2 Forest Cover Estimates 1981-95 % of Period 1981-83 1985-87 1987-89 1989-91 1991-93 area under
Total Forest Cover % of geographic Dense Forest Open Forest (Million hectare) area 64.08 63.88 63.94 63.94 63.89 19.5 19.4 19.5 19.5 19.4 59.1 60.2 60.2 60.2 40.2 39.1 39.1 39.0
Forest cover is the sum of dense forest plus open forest, plus mangroves forest (not shown) Source: State of Forest Reports, FSI, MOEF.
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Case Study: Deforestation in the Western Ghats:
Mr. Yellappa Reddy, Former secretary, Government of Karnataka, conducted the case study on ‘Deforestation in the Western Ghats’. The course of the Western Ghats in Karnataka is ecologically sensitive and is very rich in natural resources. It is also a water bank for both east and west flowing rivers. The forest vegetation plays an invaluable role in maintaining the subsurface aquatic regimes. These forests are more than just an economic product because it assists in global recycling of water, oxygen, carbon and nitrogen and saves topsoil, which has become very fragile. Due to the initiation of a large number of irrigation and hydro-power projects, the Western Ghats forests are severely fragmented – rehabilitation of landless people, liberal attitude towards encroachment etc,. The inhabitants here are solely dependent on the biomass and biodiversity of these forests. This case study discusses the scenario during the period between 1980 and 2000. The study also deals with the possible result of this trend if it continues for two more decades. These aspects are analysed by taking examples from several case studies undertaken by subject specialists on ‘industries contribution to the degradation’ and the ‘threat to biodiversity’. Each case study highlights the impact on social, ecological, hydrological and marine ecosystems. Finally, the need to take up a holistic management of the Western Ghats with a scientific approach rather than ad hoc developmental programmes, has been emphasized in this case study.
LAWS FOR PROTECTION OF FOREST & WILDLIFE:
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1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce’. 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them. 1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the forests.
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3.
Air Pollution:
Air pollution is widespread in the country and regular monitoring is being carried out under the National Ambient Air Quality monitoring System. A high level of Suspended Particulate Matter (SPM) is the most prevalent form of air pollution. High concentration of Sulphur Dioxide (SO2) and SPM occur in about 20 percent of the cities so monitored. High domestic use of coal or bio-mass fuel is still a serious problem in high human exposure to SO2, SPM and carcinogenic agents. The main factors contributing to urban air quality deterioration are growing industrialization and increasing vehicular pollution. It has been aggravated by developments that typically occur as countries industrialize: growing cities, increasing traffic, rapid economic development and industrial growth, all of which are closely associated with higher energy consumption. Industrial pollution is concentrated in industries like petroleum refineries, textiles, pulp and paper, industrial chemicals, iron and steel and non metallic mineral products. Small scale industries especially foundries, chemical manufacturing and brick making are also significant polluters. In the power sector, thermal power which constitutes bulk of the installed capacity for electricity generation is an important source of air pollution. Various environmental pollution control measures adopted by the Government are listed below.
Vehicular traffic is the most important source of pollution in all the mega cities. The number of vehicles in these cities has increased manifold. This increase has been characterized by a boom in private transport. Other reasons for high vehicular pollution are two stroke engines, aged vehicles, congested traffic, poor roads and outdated automotive technologies and traffic management system. It is estimated that two/three wheelers constitute about 75 percent of the total vehicles and cause more than 50 percent of the total vehicular pollution load. Studies by Central Pollution Control Board (CPCB), on the ambient noise levels show that noise levels in most of the big cities exceed the prescribed standards. The major sources of noise are vehicles, diesel generator sets, loud speakers, construction activities and bursting of fire crackers. An attempt is being made to control the noise pollution by notifying the standards and monitor their compliance through local authorities. The toxic nature of air pollutants and their high concentrations in many industrialized regions are posing serious concerns both in terms of human health and damage to man made structures and to country’s ecology in general.
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Case Study: Super Cyclone in Orissa:
The magnitude of the cyclone that lashed Orissa was unprecedented and the calamity and destruction would have been similar had the storm hit any other region even in the developed world. The cyclonic disaster was an unbelievable act it stunned the sleepy underdeveloped state of Orissa, on the 29th of October 1999. Disaster of ‘disaster management’. Poor preparedness and utter confusion are conditions under which the State administration found itself in the troubled waters of cyclonic inundation. The super cyclone, brought about the fall of the State Government it brought about a change of guards, appointment of a new Chief Minster, and a crisis of governmental resources, starving of funds. This case study is a need felt to study the aspects due to which the State suffered such heavy damage from the disaster.
LAWS FOR AIR POLLUTION CONTROL & PREVENTION:
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1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB . 1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them. 1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution. 1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported.
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Water Pollution:
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According to an analysis of water quality over 12 years (1986-97) by CPCB, the Biochemical Oxygen Demand (BOD) values, in a sample of 4500 observations, below 3mg/l were above 60 percent during 1986 to 1991, the values gradually declined down to 54 percent in 1994-95 but rose to 58 percent in 1997. This indicates that the water quality which had gone down during 1986-91, improved during 1991-95. Similarly, there was a gradual increase in number of observations having BOD more than 6mg/l from 7 percent in 1989 to 16 percent in 1997. However, there is no significant change in the number of observations belonging to BOD range between 3 and 6 mg/l. The water quality monitoring results indicate that organic and bacterial pollution continue to be predominant source of pollution in our aquatic resources. A large part of municipal sewage is allowed to flow in untreated form to nearby receiving water bodies, thereby reducing dissolved oxygen required for supporting aquatic life, increasing the pollution load in terms of BOD and exponential increase in number of coliform bacteria, an indicator of presence of disease causing organism in water. The ranges of water quality parameters with respect to organic and bacterial pollution as observed in 1997 indicate that out of 4531 observations taken on BOD, about 65 percent were having BOD less than 3mg/l, 21 percent 3-6 mg/l and 14 percent more than 6 mg/l. Among most of the observations taken on BOD having values less than 3mg/l, Kerala stands first and Maharashtra tops in BOD values exceeding 6mg/l. The maximum number of fecal coliform bacteria values were found in the states of Uttar Pradesh, Gujarat, Tamil Nadu and Assam. Gujarat tops in chemical pollution followed by Maharashtra, Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Punjab. The major sources of water pollution are discharge of domestic sewage and industrial effluents which contain organic pollutants, chemicals and heavy metals and run-off from land based activities such as agriculture and mining. The major water polluting industries include fertilizers, refineries, pulp & paper, leather, metal plating and other chemical
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industries. Besides, non-point sources such as fertilizers and pesticides run-offs in rural areas are emerging as major cause of concern. The rising industrial and domestic wastes have resulted in heavy stress of pollution of water bodies such as lakes, rivers, coastal areas and underground sources. A 1994 survey of groundwater quality at 138 sampling locations in 22 industrialized zones indicated that water was unfit for drinking due to high bacteriological and heavy metal contamination. As per data generated by CPCB, mean B.O.D values have shown a marginal increase in all the 28 major rivers during 1979-91. Minimum and maximum coliform values have shown many fold increase over the same period indicating severe pollution. Facilities to treat waste water are woefully inadequate. In class I cities, only 5 percent of the total wastewater is collected of which only 25 percent is treated. More than half of the cities have no sewage. Access to safe drinking water, thus remains an urgent need; 85 per cent of the population in the urban areas and 79 percent in rural areas have access to safe drinking water. The diseases commonly caused due to contaminated water are diarrhoea, trachoma, intestinal worms, hepatitis etc. Recent data show that about 21 per cent of all communicable diseases in India (11.5 percent of all diseases) are water borne diseases.
Case Study: India’s Ganges River: Religion, Poverty, and Health
This case study aims at studying the problems of water Pollution in the River Ganga. Daily, more than 1 million Hindus in India bathe, drink from, or carry out religious ceremonies in the highly polluted Ganges River. Hindu believe in cremating the dead to free the soul and throwing the ashes in the holy Ganges. River Ganga is one of the most sacred river and life line of the one of the heavily populated region of India. Kanpur, Allahabad and Varanasi cities are situated on the bank of this river and, in view of their large size and population, have been given priority under the ambitious Ganga Action Plan started by the Central Government.
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Ganga Action Plan(GAP):
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Based on CPCB’s Recommendations, Ganga Action Plan was launched in 1986 to restore the WQ of the Ganga by interception, diversion and treatment of wastewater from 27 cities/towns located along the river. Based on the experience gained during implementation of the Ganga Action Plan, Govt of India extends river cleaning programme to other rivers and lakes.
LAWS FOR WATER POLLUTION CONTROL & PREVENTION:
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1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies. The CPCB (Central Pollution Control Board) was constituted under this act. 1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill. 1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.
5. Noise Pollution:
Noise pollution refers to sounds in the environment that are caused by humans and that threaten the health or welfare of human or animal inhabitants. The most common source of noise pollution by far, the one that affects the most people on the planet, is motor vehicles. Aircraft and industrial machinery are also major sources. Additional noise pollution is contributed by office machines, sirens, power tools, and other equipment.
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Noise pollution is not easy to measure, because the very definition of noise depends on the context of the sound and the subjective effect it has on the people hearing it. One person's idea of exultant, joyful music might be another person's pure torment.
Noise Pollution (Regulation and Control) Rules, 2000.
Responsibility as to enforcement of noise pollution control measures.
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(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule. (2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
Restrictions on the use of loud speakers/public address s1stem.
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(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority. (2) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditorium, conference rooms, community halls and banquet halls.
Consequences of any violation in silence zone/area.
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Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act: (i) whoever, plays any music or uses any sound amplifiers, (ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or (iii) whoever, exhibits any mimetic, musical or other performances of a nature to 44raq crowds.
Complaints to be made to the authority. (1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority. (2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
THE UNDERLYING CAUSES OF ENVIRONMENTAL DEGRADATION
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Environmental degradation is a result of the dynamic interplay of socio-economic, institutional and technological activities. Environmental changes may be driven by many factors including economic growth, population growth, urbanization, intensification of agriculture, rising energy use and transportation. Poverty still remains a problem at the root of several environmental problems.
Social Factors :
Population :
Population is an important source of development, yet it is a major source of environmental degradation when it exceeds the threshold limits of the support systems. Unless the relationship between the multiplying population and the life support system can be stabilized, development programs, howsoever, innovative are not likely to yield desired results. Population impacts on the environment primarily through the use of natural resources and production of wastes and is associated with environmental stresses like loss of biodiversity, air and water pollution and increased pressure on arable land. India supports 17 per cent of the world population on just 2.4 per cent of world land area. It’s current rate of population growth at 1.85 per cent continues to pose a persistent population challenge. In view of the linkages between population and environment, a vigorous drive for population control need hardly be over emphasized.
Poverty :
Poverty is said to be both cause and effect of environmental degradation. The circular link between poverty and environment is an extremely complex phenomenon. Inequality may
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foster unsustainability because the poor, who rely on natural resources more than the rich, deplete natural resources faster as they have no real prospects of gaining access to other types of resources. Moreover, degraded environment can accelerate the process of impoverishment, again because the poor depend directly on natural assets. Although there has been a significant drop in the poverty ratio in the country from 55 percent in 1973 to 36 percent in 1993-94, the absolute number of poor have, however, remained constant at around 320 million over the years. Acceleration in poverty alleviation is imperative to break this link between poverty and the environment. Urbanization :
Lack of opportunities for gainful employment in villages and the ecological stresses is leading to an ever increasing movement of poor families to towns. Mega cities are emerging and urban slums are expanding. There has been an eightfold increase in urban population over 1901-1991. During the past two decades of 1971-91, India’s urban population has doubled from 109 million to 218 million and is estimated to reach 300 million by 2000 AD. Such rapid and unplanned expansion of cities has resulted in degradation of urban environment. It has widened the gap between demand and supply of infrastructural services such as energy, housing, transport, communication, education, water supply and sewerage and recreational amenities, thus depleting the precious environmental resource base of the cities. The result is the growing trend in deterioration of air and water quality, generation of wastes, the proliferation of slums and undesirable land use changes, all of which contribute to urban poverty.
Economic Factors:
To a large extent, environmental degradation is the result of market failure, that is, the non existent or poorly functioning markets for environmental goods and services. In this context, environmental degradation is a particular case of consumption or production externalities
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reflected by divergence between private and social costs (or benefits). Lack of well defined property rights may be one of the reasons for such market failure. On the other hand, Market distortions created by price controls and subsidies may aggravate the achievement of environmental objectives. The level and pattern of economic development also affect the nature of environmental problems. India’s development objectives have consistently emphasized the promotion of policies and programs for economic growth and social welfare. Between 1994-95 and 199798, the Indian economy has grown a little over 7 per cent per annum: the growth of industrial production and manufacturing averaging higher at 8.4 per cent and 8.9 percent respectively during these years. The manufacturing technology adopted by most of the industries has placed a heavy load on environment especially through intensive resource depletion (fossil fuel, minerals, and timber), water, air and land contamination, health hazards and degradation of natural eco-systems. With high proportion fossil fuel as the main source of industrial energy and major air polluting industries such as iron and steel, fertilizers and cement growing, industrial sources have contributed to a relatively high share in air pollution. Large quantities of industrial and hazardous wastes brought about by expansion of chemical based industry have compounded the wastes management problem with serious environmental health implications. Transport activities have a wide variety of effects on the environment such as air pollution, noise from road traffic and oil spills from marine shipping. Transport infrastructure in India has expanded considerably in terms of network and services. Thus, road transport accounts for a major share of air pollution load in cities such as Delhi. Port and harbor projects mainly impact on sensitive coastal eco systems. Their construction affects hydrology, surface water quality, fisheries, coral reefs and mangroves to varying degrees. Direct impacts of agricultural development on the environment arise from farming activities which contribute to soil erosion, land salination and loss of nutrients. The spread of green revolution has been accompanied by over exploitation of land and water resources, and use of fertilizers and pesticides have increased many fold. Shifting cultivation has also been an important cause of land degradation. Leaching from extensive use of pesticides and fertilizers is an important source of contamination of water bodies. Intensive agriculture and irrigation contribute to land degradation particularly salination, alkalization and water logging.
Institutional Factors:
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The Ministry of Environment & Forests (MOEF) in the Government is responsible for protection, conservation and development of environment. The Ministry works in close collaboration with other Ministries, State Governments, Pollution Control Boards and a number of scientific and technical institutions, universities, non-Governmental organizations etc. Environment (Protection) Act, 1986 is the key legislation governing environment management. Other important legislations in the area include the Forest (Conservation) Act, 1980 and the Wildlife (Protection) Act, 1972. The weakness of the existing system lies in the enforcement capabilities of environmental institutions, both at the center and the state. There is no effective coordination amongst various Ministries/Institutions regarding integration of environmental concerns at the inception/planning stage of the project. Current policies are also fragmented across several Government agencies with differing policy mandates. Lack of trained personnel and comprehensive database delay many projects. Most of the State Government institutions are relatively small suffering from inadequacy of technical staff and resources. Although overall quality of Environmental Impact Assessment (EIA) studies and the effective implementation of the EIA process have improved over the years, institutional strengthening measures such as training of key professionals and staffing with proper technical persons are needed to make the EIA procedure a more effective instrument for environment protection and sustainable development.
POWERS PROVIDED BY THE ACT (ENVIRONMENT (PROTECTION) ACT, 1986) TO CENTRAL GOVT.….
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To make rules to regulate environmental pollution; To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and restriction on the handling of hazardous substances, and location of industries (Sections 3-6). Under Sec (3): may constitute authority or authorities for the purpose of exercising of performing such of the powers and functions; Under Sec (4): may appoint a person for inspection; Under Sec (5): may issue directions in writing to any officers or any authority to comply; Under Sec (6): it empower the government to make rules to achieve the object of the Act. Under Sec (7): persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards; Under Sec (8): persons handling hazardous substances must comply with procedural safeguards.
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PENALTY:- (Sec. 15) Whoever fails to comply with or contravenes any of the provision of the Environment Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both. In case, the failure or contravention continues, with additional fine which may extend to five thousand
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rupees for every day during which such failure or contravention continues after the conviction for the first such failure in contravention. If the failure or contravention continues beyond a period of one year after the date of convection, the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years. OFFENCE BY COMPANIES:- (Sec. 16) Where an offence under the Environment Act has been committed by a company and it is proved that offence has been committed with the consent or conviance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be also deemed to be guilty of that offence and shall be liable to proceeded against and punished accordingly. Company means any Director, manager, secretary or other officer shall be also deemed to be guilty of that offence and shall be liable to proceeded against and punished accordingly. Company means any body corporate and includes a firm or other association of individuals. Director in relation to a firm, means a partner in the firm.
OFFENCE BY GOVERNMMENT DEPARTMEENT: (Sec. 17) Where an offence under the Environment Act has been committed by a Department of Government and 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, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that and shall be liable to be proceeded against and punished accordingly. MAJOR ENVIRONMENTAL POLLUTION CONTROL ACTIVITIES 6. Policy initiatives to improve environment like the National Conservation Strategy and Policy Statement for Environment & Development, 1992, Policy Statement for Abatement of Pollution, 1992 and National Forest Policy, 1988. 7. Notification and implementation of emission and effluent standards for air, water and noise levels. Standards are formulated by a multidisciplinary group keeping in view the international standards, existing technologies and impact on health and environment. 8. Identification and Action Plans for 17 categories of major polluting industries. 9. Identification of 24 critically polluted areas for pollution abatement and improving environment. 10. Use of beneficiated coal with an ash content not exceeding 34% irrespective of their distance from pit head. 11. Action Plans for 141 polluted river stretches to improve quality of river water.
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12. For controlling vehicular pollution, progressive emission norms at the manufacturing stage have been notified, cleaner fuels like unleaded petrol, low sulphur diesel and compressed natural gas (CNG) introduced. 13. Identification of clean technologies for technologies/processes for small scale industries. large industries and clean
14. Setting up of Common Effluent Treatment Plants (CETPs) for clusters of SSI units. 15. Implementation of an Eco-mark scheme to encourage production/consumption of environment - friendly products. 16. Preparation of a Zoning Atlas, indicating status of the environment at district levels to guide environmentally sound location/siting of industries. 17. Mandatory submission of annual Environmental Statement which could be extended into environmental audit. 18. Initiation of environmental epidemiological studies in seven critically polluted areas to study the impact of environment on health. 19. Setting up of authorities like the Environment Pollution (Prevention & Control) Authority for the National Capital Region for protecting and improving the quality of environment and preventing, controlling and abating environmental pollution.
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BIBLIOGRAPHY:
The sources of data used for this presentation & repot is as follows:
1. Environmental policy-making in India – The process and its pressure, TERI report. 2. Indian Environmental Legislations, list from the MOEF web site. 3. Strengthening Environmental Legislations in India, document by Centre for Environmental Law, WWF. 4. Report of State of Environment, 1995 MOEF 5. State of Forest Reports, FSI, MOEF
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doc_488335087.doc
Prepared By:- Group 1(1st Year – Sem. I)
Sr. No. 1 2 3 4 5 6 7 8 9 10 11 NAME Dinesh Mali Vaibhav Lokhande Renuka Lakhwani Sandeep Surve Samata Behare Peter John Jayapaul Sachin Pawar Krutika Kondgekar Pradnya Sawant Pallavi Patil Hero Chandnani COURSE MFM MFM MFM MFM MFM MMM MMM MHRDM MHRDM MHRDM MHRDM ROLL NO. F1112028 F1112027 F1112026 F1112054 F1112004 M1112078 M1112077 H1112105 H1112114 H1112111 H1112100
Approved by…
____________________ Prof. Shaukat Ali
IMCOST, Thane
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THE ENVIRONMENT (PROTECTION) ACT, 1986
INTRODUCTION:-
An Act to provide for the protection and improvement of environment and formatters connected therewith. Whereas the decisions were taken at theUnited Nations Conference on the Human Environment held at Stockholm in June 1972, in which NDA participated, to take appropriate steps for the protection and improvement of human environment.
The Environment (Protection) Act, 1986 was enacted to provide for the protection and improvement of environment and for matters connected therewith and the prevention of hazards to human beings, other living creatures, plants and property (preamble). The Environment Act came into effect from 09.11.1986 and extend to whole if ndia (sec. 1). The Environment Act is enacted with three main objects:
1) Protection of Environment 2) Improvement of Environment 3) Prevents of Hazards to: i) ii) iii) iv) Human beings Other living creatures; Plants and Property
Central Government has given powers to take measures to protect and improve the environment. The provision of Environment Act are supplemented by The Environment (Protection) Rules, 1986 In 1980, the Department of Environment was established in India. Later on it became the Ministry of Environment and Forests in 1985. the environment (protection) act, 1986 came into force soon after the Bhopal Gas Tragedy.
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In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the constitution. The purpose of the Act is to act as an "umbrella" legislation designed to provide a frame work for Central government co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act. The potential scope of the Act is broad, with "environment" defined to include water, air and land and the inter-relationships which exist among water, air and land, and human beings and other living creatures, plants, micro-organisms and property. However the Delhi Pollution Control Committee has been vested with the powers under the provisions under Section 5 the Central Government may, in exercise of its powers and performance of its function under this act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions which includes (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service (The Central Government has delegated the powers vested in it under Section 5 of the Act to DPCC) to be verified. Under Section 6 : The Central Government may by notification in the official Gazette make rules to regulate environmental pollution. Under Section 7 : No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of prescribed standards. Under Section 8 : 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 (These are explained in detail under Hazardous waste management rules). Under Section 10 : Any person empowered by the Central Government in this behalf has a right to enter any premises all at reasonable times in order to carry out the purpose of this Act. Under Section 11 : The Central Government or any officer empowered by it on this behalf has power to take for the purpose of analysis, samples of air, water, soil or other substance from any factory,
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premises or other place in the prescribed names and analysis of such sample may be produced an evidence in case of a legal proceeding. Under Section 15 : Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to fire years with fine which may extend to one lakh rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first failure or contravention. ENVIRONMENT:- [Sec. 2(a)]
Environment includes water, air, land, human beings, other living creatures, plants, mircoorganisum and property. It also includes light, food, heat, breeze and all other forces of nature, forming essential necessities of life. All surrounding constitute environment. These are all life creating, developing and saving devices.
“Environment” It includes water, air, and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. “Environmental Pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment.
Environmental pollutant:- [Sec. 2(b)] means any solid, liquid or gaseous substances present in such concentration as may be or tend to be injurious to environment and human being. “Hazardous Substance” means any substance or preparation which, by reasons of its chemical or physico-chemical properties, is liable to cause harm to human beings or other living creatures. “Handling” In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc
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Environmental pollution:- [Sec. 2(c)] means imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner, that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health. “Occupier” It 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 substance. “Hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.
OBJECTIVES OF ENVIRONMENT (PROTECTION) ACT, 1986 :-
? To co-ordinate the activities of the various regulatory agencies already in existence. ? To appoint environment officers to check environmental pollution ? To improve the quality of life by protection of environment. ? Establishing environmental laboratories. ? To protect the forests and wildlife in the country.
ENVIRONMENTAL ISSUES IN INDIA & CONCERNED LAWS Types of Environmental Pollutions:
A country’s environmental problems vary with its stage of development, structure of its economy, production technologies in use and its environmental policies. While some
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problems may be associated with the lack of economic development (e.g. inadequate sanitation and clean drinking water), others are exacerbated by the growth of economic activity (e.g. air and water pollution). Poverty presents special problems for a densely populated country with limited resources. Some of the environmental issues relevant to India are: 1.
Land/Soil Degradation:
Most of the land areas in the country show evidence of degradation, thus affecting the productive resource base of the economy. Out of the total geographical areas of 329 million hectares, 175 million hectares are considered degraded (Table 11.1).
Erosion by water and wind is the most significant contributor to soil erosion with other factors like water logging, salination etc. adding to the in situ degradation. While soil erosion by rain and river in hill areas causes landslides and floods, deforestation, overgrazing, traditional agricultural practices, mining and incorrect siting of development projects in forest areas have resulted in opening up of these areas to heavy soil erosion. In the arid west, wind erosion causes expansion of desert, dust storms, whirlwinds and destruction of crops; while moving sand covers the land and makes it sterile. In the plains, riverine erosion due to floods and eutrophication due to agricultural run off are noticed. Increased dependence on intensive agriculture and irrigation also results in salination, alkalization and water logging in irrigated areas of the country. TABLE 11.1 Soil Erosion and Land Degradation (Million Hectares) 1. 2. Total Geographical Area Area Subject to Water and Wind Erosion 328.7 141.3
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Area Degraded through Special Problems 3. 4. 5. Water Logged Area Alkali Soil Acid Soil 8.5 3.6 4.5 5.5 4.0 4.9 2.7 33.7
6. Saline Soil including Coastal Sandy areas 7. Ravines & Gullies 8. Area subject to Shifting Cultivation 9. Riverine & Torrents Total 3 to 9
Source : State of Environment, 1995 MOEF
Controlling such land/soil degradation is a sine qua non to achieving and maintaining food security, sustainable forestry, agricultural and rural developments. The Government strategy towards preventing land degradation include treatment of catchments areas, comprehensive watershed development, emphasis on low cost vegetative measures, survey and investigation of problem areas through remote sensing techniques, bio-mass production in reclaimed land, micro level planning and transfer of technology.
2.
Deforestation:
Forests are a renewable resource and contribute substantially to the economic development by providing goods and services to forest dwellers, people at large and forest based industries, besides generating substantial volume of employment. Forests also play a vital role in enhancing the quality of environment by influencing the ecological balance and life support system (checking soil erosion, maintaining soil fertility, conserving water,
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regulating water cycle and floods, balancing carbon dioxide and oxygen content in atmosphere etc.). The country has very diverse forest vegetation ranging from the moist evergreen forests in the North-East, along the West Coast and the Andaman & Nicobar Islands to the temperate and alpine vegetation in the Himalayas. However, this forest wealth is dwindling due to overgrazing, over exploitation, encroachments, unsustainable practices, forest fire and indiscriminate siting of development projects in the forest areas. Withdrawal of forest products, including fuel wood, timber etc. is much beyond the carrying capacity of our forests. The current annual withdrawal of fuel wood is estimated at 235 million cubic meters against a sustainable capacity of about 48 million cubic meters. The annual demand for industrial wood is about 28 million cubic meters against the production capacity of 12 million cubic meters. The area affected by forest fire range from 33 percent in West Bengal to 99 percent in Manipur. Presently, the recorded forest area is 76.52 million hectare which works out to 23.3 per cent of the total geographical area and actual forest cover is 63.3 million hectare, which constitutes only 19.3 per cent of the total land area, as against the National Forest Policy 1988 stipulation of a target of 33 per cent. Even within this recorded area, only 36.7 million hectare, or only 11.2 per cent of country’s total land area, comprises dense forest with a crown density of more than 40 per cent, thus reflecting a qualitative decline of forests in the country (Table 11.2). The total forest area diverted for non forestry purposes between 1950 and 1980 was 4.5 million hectare i.e. at an annual rate of 0.15 million hectare. To regulate unabated diversion of forest land for non forestry purposes, Forest (Conservation) Act, 1980 was enacted. It has resulted in reduction of diversion of forest area for non forestry purposes considerably and the present rate of diversion is 16,000 hectare annually. The forest area in the recent past has not changed much because its diversion for non forestry purposes has been more or less compensated by afforestation and natural regeneration programs of the Government. TABLE 11.2 Forest Cover Estimates 1981-95 % of Period 1981-83 1985-87 1987-89 1989-91 1991-93 area under
Total Forest Cover % of geographic Dense Forest Open Forest (Million hectare) area 64.08 63.88 63.94 63.94 63.89 19.5 19.4 19.5 19.5 19.4 59.1 60.2 60.2 60.2 40.2 39.1 39.1 39.0
Forest cover is the sum of dense forest plus open forest, plus mangroves forest (not shown) Source: State of Forest Reports, FSI, MOEF.
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Case Study: Deforestation in the Western Ghats:
Mr. Yellappa Reddy, Former secretary, Government of Karnataka, conducted the case study on ‘Deforestation in the Western Ghats’. The course of the Western Ghats in Karnataka is ecologically sensitive and is very rich in natural resources. It is also a water bank for both east and west flowing rivers. The forest vegetation plays an invaluable role in maintaining the subsurface aquatic regimes. These forests are more than just an economic product because it assists in global recycling of water, oxygen, carbon and nitrogen and saves topsoil, which has become very fragile. Due to the initiation of a large number of irrigation and hydro-power projects, the Western Ghats forests are severely fragmented – rehabilitation of landless people, liberal attitude towards encroachment etc,. The inhabitants here are solely dependent on the biomass and biodiversity of these forests. This case study discusses the scenario during the period between 1980 and 2000. The study also deals with the possible result of this trend if it continues for two more decades. These aspects are analysed by taking examples from several case studies undertaken by subject specialists on ‘industries contribution to the degradation’ and the ‘threat to biodiversity’. Each case study highlights the impact on social, ecological, hydrological and marine ecosystems. Finally, the need to take up a holistic management of the Western Ghats with a scientific approach rather than ad hoc developmental programmes, has been emphasized in this case study.
LAWS FOR PROTECTION OF FOREST & WILDLIFE:
• • •
1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce’. 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them. 1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the forests.
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3.
Air Pollution:
Air pollution is widespread in the country and regular monitoring is being carried out under the National Ambient Air Quality monitoring System. A high level of Suspended Particulate Matter (SPM) is the most prevalent form of air pollution. High concentration of Sulphur Dioxide (SO2) and SPM occur in about 20 percent of the cities so monitored. High domestic use of coal or bio-mass fuel is still a serious problem in high human exposure to SO2, SPM and carcinogenic agents. The main factors contributing to urban air quality deterioration are growing industrialization and increasing vehicular pollution. It has been aggravated by developments that typically occur as countries industrialize: growing cities, increasing traffic, rapid economic development and industrial growth, all of which are closely associated with higher energy consumption. Industrial pollution is concentrated in industries like petroleum refineries, textiles, pulp and paper, industrial chemicals, iron and steel and non metallic mineral products. Small scale industries especially foundries, chemical manufacturing and brick making are also significant polluters. In the power sector, thermal power which constitutes bulk of the installed capacity for electricity generation is an important source of air pollution. Various environmental pollution control measures adopted by the Government are listed below.
Vehicular traffic is the most important source of pollution in all the mega cities. The number of vehicles in these cities has increased manifold. This increase has been characterized by a boom in private transport. Other reasons for high vehicular pollution are two stroke engines, aged vehicles, congested traffic, poor roads and outdated automotive technologies and traffic management system. It is estimated that two/three wheelers constitute about 75 percent of the total vehicles and cause more than 50 percent of the total vehicular pollution load. Studies by Central Pollution Control Board (CPCB), on the ambient noise levels show that noise levels in most of the big cities exceed the prescribed standards. The major sources of noise are vehicles, diesel generator sets, loud speakers, construction activities and bursting of fire crackers. An attempt is being made to control the noise pollution by notifying the standards and monitor their compliance through local authorities. The toxic nature of air pollutants and their high concentrations in many industrialized regions are posing serious concerns both in terms of human health and damage to man made structures and to country’s ecology in general.
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Case Study: Super Cyclone in Orissa:
The magnitude of the cyclone that lashed Orissa was unprecedented and the calamity and destruction would have been similar had the storm hit any other region even in the developed world. The cyclonic disaster was an unbelievable act it stunned the sleepy underdeveloped state of Orissa, on the 29th of October 1999. Disaster of ‘disaster management’. Poor preparedness and utter confusion are conditions under which the State administration found itself in the troubled waters of cyclonic inundation. The super cyclone, brought about the fall of the State Government it brought about a change of guards, appointment of a new Chief Minster, and a crisis of governmental resources, starving of funds. This case study is a need felt to study the aspects due to which the State suffered such heavy damage from the disaster.
LAWS FOR AIR POLLUTION CONTROL & PREVENTION:
• • • •
1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB . 1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them. 1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution. 1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported.
4.
Water Pollution:
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According to an analysis of water quality over 12 years (1986-97) by CPCB, the Biochemical Oxygen Demand (BOD) values, in a sample of 4500 observations, below 3mg/l were above 60 percent during 1986 to 1991, the values gradually declined down to 54 percent in 1994-95 but rose to 58 percent in 1997. This indicates that the water quality which had gone down during 1986-91, improved during 1991-95. Similarly, there was a gradual increase in number of observations having BOD more than 6mg/l from 7 percent in 1989 to 16 percent in 1997. However, there is no significant change in the number of observations belonging to BOD range between 3 and 6 mg/l. The water quality monitoring results indicate that organic and bacterial pollution continue to be predominant source of pollution in our aquatic resources. A large part of municipal sewage is allowed to flow in untreated form to nearby receiving water bodies, thereby reducing dissolved oxygen required for supporting aquatic life, increasing the pollution load in terms of BOD and exponential increase in number of coliform bacteria, an indicator of presence of disease causing organism in water. The ranges of water quality parameters with respect to organic and bacterial pollution as observed in 1997 indicate that out of 4531 observations taken on BOD, about 65 percent were having BOD less than 3mg/l, 21 percent 3-6 mg/l and 14 percent more than 6 mg/l. Among most of the observations taken on BOD having values less than 3mg/l, Kerala stands first and Maharashtra tops in BOD values exceeding 6mg/l. The maximum number of fecal coliform bacteria values were found in the states of Uttar Pradesh, Gujarat, Tamil Nadu and Assam. Gujarat tops in chemical pollution followed by Maharashtra, Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Punjab. The major sources of water pollution are discharge of domestic sewage and industrial effluents which contain organic pollutants, chemicals and heavy metals and run-off from land based activities such as agriculture and mining. The major water polluting industries include fertilizers, refineries, pulp & paper, leather, metal plating and other chemical
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industries. Besides, non-point sources such as fertilizers and pesticides run-offs in rural areas are emerging as major cause of concern. The rising industrial and domestic wastes have resulted in heavy stress of pollution of water bodies such as lakes, rivers, coastal areas and underground sources. A 1994 survey of groundwater quality at 138 sampling locations in 22 industrialized zones indicated that water was unfit for drinking due to high bacteriological and heavy metal contamination. As per data generated by CPCB, mean B.O.D values have shown a marginal increase in all the 28 major rivers during 1979-91. Minimum and maximum coliform values have shown many fold increase over the same period indicating severe pollution. Facilities to treat waste water are woefully inadequate. In class I cities, only 5 percent of the total wastewater is collected of which only 25 percent is treated. More than half of the cities have no sewage. Access to safe drinking water, thus remains an urgent need; 85 per cent of the population in the urban areas and 79 percent in rural areas have access to safe drinking water. The diseases commonly caused due to contaminated water are diarrhoea, trachoma, intestinal worms, hepatitis etc. Recent data show that about 21 per cent of all communicable diseases in India (11.5 percent of all diseases) are water borne diseases.
Case Study: India’s Ganges River: Religion, Poverty, and Health
This case study aims at studying the problems of water Pollution in the River Ganga. Daily, more than 1 million Hindus in India bathe, drink from, or carry out religious ceremonies in the highly polluted Ganges River. Hindu believe in cremating the dead to free the soul and throwing the ashes in the holy Ganges. River Ganga is one of the most sacred river and life line of the one of the heavily populated region of India. Kanpur, Allahabad and Varanasi cities are situated on the bank of this river and, in view of their large size and population, have been given priority under the ambitious Ganga Action Plan started by the Central Government.
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Ganga Action Plan(GAP):
• •
Based on CPCB’s Recommendations, Ganga Action Plan was launched in 1986 to restore the WQ of the Ganga by interception, diversion and treatment of wastewater from 27 cities/towns located along the river. Based on the experience gained during implementation of the Ganga Action Plan, Govt of India extends river cleaning programme to other rivers and lakes.
LAWS FOR WATER POLLUTION CONTROL & PREVENTION:
•
• •
1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies. The CPCB (Central Pollution Control Board) was constituted under this act. 1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill. 1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.
5. Noise Pollution:
Noise pollution refers to sounds in the environment that are caused by humans and that threaten the health or welfare of human or animal inhabitants. The most common source of noise pollution by far, the one that affects the most people on the planet, is motor vehicles. Aircraft and industrial machinery are also major sources. Additional noise pollution is contributed by office machines, sirens, power tools, and other equipment.
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Noise pollution is not easy to measure, because the very definition of noise depends on the context of the sound and the subjective effect it has on the people hearing it. One person's idea of exultant, joyful music might be another person's pure torment.
Noise Pollution (Regulation and Control) Rules, 2000.
Responsibility as to enforcement of noise pollution control measures.
• •
(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule. (2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
Restrictions on the use of loud speakers/public address s1stem.
• •
(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority. (2) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditorium, conference rooms, community halls and banquet halls.
Consequences of any violation in silence zone/area.
• • • • • •
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act: (i) whoever, plays any music or uses any sound amplifiers, (ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or (iii) whoever, exhibits any mimetic, musical or other performances of a nature to 44raq crowds.
Complaints to be made to the authority. (1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority. (2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
THE UNDERLYING CAUSES OF ENVIRONMENTAL DEGRADATION
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Environmental degradation is a result of the dynamic interplay of socio-economic, institutional and technological activities. Environmental changes may be driven by many factors including economic growth, population growth, urbanization, intensification of agriculture, rising energy use and transportation. Poverty still remains a problem at the root of several environmental problems.
Social Factors :
Population :
Population is an important source of development, yet it is a major source of environmental degradation when it exceeds the threshold limits of the support systems. Unless the relationship between the multiplying population and the life support system can be stabilized, development programs, howsoever, innovative are not likely to yield desired results. Population impacts on the environment primarily through the use of natural resources and production of wastes and is associated with environmental stresses like loss of biodiversity, air and water pollution and increased pressure on arable land. India supports 17 per cent of the world population on just 2.4 per cent of world land area. It’s current rate of population growth at 1.85 per cent continues to pose a persistent population challenge. In view of the linkages between population and environment, a vigorous drive for population control need hardly be over emphasized.
Poverty :
Poverty is said to be both cause and effect of environmental degradation. The circular link between poverty and environment is an extremely complex phenomenon. Inequality may
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foster unsustainability because the poor, who rely on natural resources more than the rich, deplete natural resources faster as they have no real prospects of gaining access to other types of resources. Moreover, degraded environment can accelerate the process of impoverishment, again because the poor depend directly on natural assets. Although there has been a significant drop in the poverty ratio in the country from 55 percent in 1973 to 36 percent in 1993-94, the absolute number of poor have, however, remained constant at around 320 million over the years. Acceleration in poverty alleviation is imperative to break this link between poverty and the environment. Urbanization :
Lack of opportunities for gainful employment in villages and the ecological stresses is leading to an ever increasing movement of poor families to towns. Mega cities are emerging and urban slums are expanding. There has been an eightfold increase in urban population over 1901-1991. During the past two decades of 1971-91, India’s urban population has doubled from 109 million to 218 million and is estimated to reach 300 million by 2000 AD. Such rapid and unplanned expansion of cities has resulted in degradation of urban environment. It has widened the gap between demand and supply of infrastructural services such as energy, housing, transport, communication, education, water supply and sewerage and recreational amenities, thus depleting the precious environmental resource base of the cities. The result is the growing trend in deterioration of air and water quality, generation of wastes, the proliferation of slums and undesirable land use changes, all of which contribute to urban poverty.
Economic Factors:
To a large extent, environmental degradation is the result of market failure, that is, the non existent or poorly functioning markets for environmental goods and services. In this context, environmental degradation is a particular case of consumption or production externalities
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reflected by divergence between private and social costs (or benefits). Lack of well defined property rights may be one of the reasons for such market failure. On the other hand, Market distortions created by price controls and subsidies may aggravate the achievement of environmental objectives. The level and pattern of economic development also affect the nature of environmental problems. India’s development objectives have consistently emphasized the promotion of policies and programs for economic growth and social welfare. Between 1994-95 and 199798, the Indian economy has grown a little over 7 per cent per annum: the growth of industrial production and manufacturing averaging higher at 8.4 per cent and 8.9 percent respectively during these years. The manufacturing technology adopted by most of the industries has placed a heavy load on environment especially through intensive resource depletion (fossil fuel, minerals, and timber), water, air and land contamination, health hazards and degradation of natural eco-systems. With high proportion fossil fuel as the main source of industrial energy and major air polluting industries such as iron and steel, fertilizers and cement growing, industrial sources have contributed to a relatively high share in air pollution. Large quantities of industrial and hazardous wastes brought about by expansion of chemical based industry have compounded the wastes management problem with serious environmental health implications. Transport activities have a wide variety of effects on the environment such as air pollution, noise from road traffic and oil spills from marine shipping. Transport infrastructure in India has expanded considerably in terms of network and services. Thus, road transport accounts for a major share of air pollution load in cities such as Delhi. Port and harbor projects mainly impact on sensitive coastal eco systems. Their construction affects hydrology, surface water quality, fisheries, coral reefs and mangroves to varying degrees. Direct impacts of agricultural development on the environment arise from farming activities which contribute to soil erosion, land salination and loss of nutrients. The spread of green revolution has been accompanied by over exploitation of land and water resources, and use of fertilizers and pesticides have increased many fold. Shifting cultivation has also been an important cause of land degradation. Leaching from extensive use of pesticides and fertilizers is an important source of contamination of water bodies. Intensive agriculture and irrigation contribute to land degradation particularly salination, alkalization and water logging.
Institutional Factors:
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The Ministry of Environment & Forests (MOEF) in the Government is responsible for protection, conservation and development of environment. The Ministry works in close collaboration with other Ministries, State Governments, Pollution Control Boards and a number of scientific and technical institutions, universities, non-Governmental organizations etc. Environment (Protection) Act, 1986 is the key legislation governing environment management. Other important legislations in the area include the Forest (Conservation) Act, 1980 and the Wildlife (Protection) Act, 1972. The weakness of the existing system lies in the enforcement capabilities of environmental institutions, both at the center and the state. There is no effective coordination amongst various Ministries/Institutions regarding integration of environmental concerns at the inception/planning stage of the project. Current policies are also fragmented across several Government agencies with differing policy mandates. Lack of trained personnel and comprehensive database delay many projects. Most of the State Government institutions are relatively small suffering from inadequacy of technical staff and resources. Although overall quality of Environmental Impact Assessment (EIA) studies and the effective implementation of the EIA process have improved over the years, institutional strengthening measures such as training of key professionals and staffing with proper technical persons are needed to make the EIA procedure a more effective instrument for environment protection and sustainable development.
POWERS PROVIDED BY THE ACT (ENVIRONMENT (PROTECTION) ACT, 1986) TO CENTRAL GOVT.….
• •
To make rules to regulate environmental pollution; To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and restriction on the handling of hazardous substances, and location of industries (Sections 3-6). Under Sec (3): may constitute authority or authorities for the purpose of exercising of performing such of the powers and functions; Under Sec (4): may appoint a person for inspection; Under Sec (5): may issue directions in writing to any officers or any authority to comply; Under Sec (6): it empower the government to make rules to achieve the object of the Act. Under Sec (7): persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards; Under Sec (8): persons handling hazardous substances must comply with procedural safeguards.
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PENALTY:- (Sec. 15) Whoever fails to comply with or contravenes any of the provision of the Environment Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both. In case, the failure or contravention continues, with additional fine which may extend to five thousand
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rupees for every day during which such failure or contravention continues after the conviction for the first such failure in contravention. If the failure or contravention continues beyond a period of one year after the date of convection, the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years. OFFENCE BY COMPANIES:- (Sec. 16) Where an offence under the Environment Act has been committed by a company and it is proved that offence has been committed with the consent or conviance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be also deemed to be guilty of that offence and shall be liable to proceeded against and punished accordingly. Company means any Director, manager, secretary or other officer shall be also deemed to be guilty of that offence and shall be liable to proceeded against and punished accordingly. Company means any body corporate and includes a firm or other association of individuals. Director in relation to a firm, means a partner in the firm.
OFFENCE BY GOVERNMMENT DEPARTMEENT: (Sec. 17) Where an offence under the Environment Act has been committed by a Department of Government and 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, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that and shall be liable to be proceeded against and punished accordingly. MAJOR ENVIRONMENTAL POLLUTION CONTROL ACTIVITIES 6. Policy initiatives to improve environment like the National Conservation Strategy and Policy Statement for Environment & Development, 1992, Policy Statement for Abatement of Pollution, 1992 and National Forest Policy, 1988. 7. Notification and implementation of emission and effluent standards for air, water and noise levels. Standards are formulated by a multidisciplinary group keeping in view the international standards, existing technologies and impact on health and environment. 8. Identification and Action Plans for 17 categories of major polluting industries. 9. Identification of 24 critically polluted areas for pollution abatement and improving environment. 10. Use of beneficiated coal with an ash content not exceeding 34% irrespective of their distance from pit head. 11. Action Plans for 141 polluted river stretches to improve quality of river water.
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12. For controlling vehicular pollution, progressive emission norms at the manufacturing stage have been notified, cleaner fuels like unleaded petrol, low sulphur diesel and compressed natural gas (CNG) introduced. 13. Identification of clean technologies for technologies/processes for small scale industries. large industries and clean
14. Setting up of Common Effluent Treatment Plants (CETPs) for clusters of SSI units. 15. Implementation of an Eco-mark scheme to encourage production/consumption of environment - friendly products. 16. Preparation of a Zoning Atlas, indicating status of the environment at district levels to guide environmentally sound location/siting of industries. 17. Mandatory submission of annual Environmental Statement which could be extended into environmental audit. 18. Initiation of environmental epidemiological studies in seven critically polluted areas to study the impact of environment on health. 19. Setting up of authorities like the Environment Pollution (Prevention & Control) Authority for the National Capital Region for protecting and improving the quality of environment and preventing, controlling and abating environmental pollution.
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BIBLIOGRAPHY:
The sources of data used for this presentation & repot is as follows:
1. Environmental policy-making in India – The process and its pressure, TERI report. 2. Indian Environmental Legislations, list from the MOEF web site. 3. Strengthening Environmental Legislations in India, document by Centre for Environmental Law, WWF. 4. Report of State of Environment, 1995 MOEF 5. State of Forest Reports, FSI, MOEF
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