CONSERVATION, ENVIRONMENTAL POLLUTION AND DEGRADATION, ENVIRONMENTAL IMPACT

ASSESSMENT

Article 48A of the constitution says "The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country".
Article 51-A"It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."
India’s Environment Policy
National environment policy of india was published in 2006.
● Objectives:
○ Conservation of Critical Environmental Resources
○ Intra-generational Equity: Livelihood Security for the Poor
○ Inter-generational Equity
○ Integration of Environmental Concerns in Economic and Social Development
○ Efficiency in Environmental Resource Use
○ Environmental Governance
○ Enhancement of Resources for Environmental Conservation
● Principles
○ Human Beings are at the Centre of Sustainable Development Concerns
○ Polluter Pays
○ Legal Liability:Civil liability,instead of criminal liability is to be adopted.Means a polluter is
held accountable even if there is no criminal fault caused.
○ Decentralization
Laws against pollution in India
● The Water (Prevention and Control of Pollution) Act, 1974
○ Establishment of Central pollution control board and State pollution control boards
○ Facilitates establishments of joint boards by multiple states,centre or UTs
○ provides that the State Govt in consultation with State Board can declare any area
within the jurisdiction of the concerned State as “Water Pollution Prevention and Control
Area”.
○ Prohibits under section 24 of the act( with punishments under section 43),discharge of
any poisonous or polluting matter into streams and wells.
○ Made mandatory prior permission necessary for establishing a industry which may lead
to discharge of effluents into water,or for establishing new discharge outlets.
○ Violation of directions of state board may lead to imprisonment of upto 7 years or fines or
both.
○ Establishment of central water control board.

● The Water (Prevention and Control Of Pollution) CESS Act, 1977 provided for collection of
Cess from industries like metallurgy, textiles, paper, coal, ceramic, cement, mining and ore
processing etc to augment the revenue of centre and state PCBs

● Air (Prevention and Control of Pollution) Act 1981

 ○ provides that the State Govt in consultation with State Board can declare any area
within the jurisdiction of the concerned State as “Air Pollution Control Area”.
○ Makes mandatory prior permission necessary for industries in control areas.
○ Violation of directions,excessive pollution or not taking permission can lead to 6 years in
prison or fines.

● Environment protection act,1986

○ A more comprehensive law regarding protection of environment.
○ The Act empowers the GOI to take all appropriate measures to prevent and control
pollution and to establish effective machinery for the purpose of protecting and improving
the quality of the environment,controlling and abating environmental pollution.
○ The Central Government or any other person duly authorised is empowered to collect
the samples of air, water, soil or other substances as evidence of the offences under the
Environment (Protection) Act, 1986.
○ The Act prescribes a special procedure for handling hazardous substances and the
concerned person has to handle the hazardous substances according to the procedure
of the Act.
○ Debars civil courts from having jurisdiction in proceedings under this act.
○ GOI can close down,regulate or prohibit any process in any industry without court
permission
○ Heads of dept will be responsible in case of violation by departments unless proven they
had no knowledge.
○ Protects officers from suits due to proceedings undertaken under this act.
○ Even common citizen can approach courts under this act,provided sufficient notice is
given.ie it modified the locus standi

● Bio-Medical Waste (Management & Handling) Rules,1998

○ To be replaced by a new act soon
○ Colour coding of bags for disposal of biomed wastes prescribed.
Category Waste disposal

1 Human Anatomical Waste incineration/deep burial*

2 Animal Waste(animal tissues, organs, body parts carcasses, bleeding incineration/deep burial*
parts, fluid,blood and experimental animals used in research, waste
generated,by veterinary hospitals colleges, discharge from hospitals,
animal
houses)

3 Microbiology & Biotechnology Waste local autoclaving/micro-waving

(waste from labs,specimens of vaccines etc)

4 Waste sharps(needles,surgical instruments etc) disinfection

5 Discarded Medicines and Cytotoxic drugs incineration

 6 Solid Waste (contaminated with blood) incineration

7 Solid Waste disinfection by chemical treatment

8 Liquid Waste disinfection by chemical treatment

9 Incineration Ash disposal in municipal landfill

10 Chemical Waste chemical treatment

●Hazardous waste (management handling and transboundary movement) rules 2008

○ Superceded Hazardous Wastes (Management and Handling) Rules, 1989 (amended
2000,2002) and is part of obliging the basel convention.
○ Puts responsibility on occupier of handling and recycling hazardous wastes generated in
his establishment.He should also prevent accidents and provide training to personnel
handling the waste.
○ SPCBs responsible for inventorisation,penalisation,authorisation etc under the act.
○ Registration & licensing of facilities producing,handling ,recycling etc of haz wastes.It
also provides for standards to be followed in packaging,labeling and transportation of
such wastes.
○ Bans import of haz wastes for disposal in india,but permits (with permission) for
recycling recovery or reuse.
Other important laws
No Law Features

1 Manufacture, storage and Provides procedures for transport,isolated storage and

import of hazardous chemical steps incase of accidents for hazardous chemicals.
rules, 1989
2 Battery (management and Concerns mainly safe handling and disposal of lead acid
handling) rules 2000 batteries

3 The Noise Pollution (Regulation
and Control) Rules, 2000
Provides for silence zones around 100metres of courts
hospitals,edu institution etc
Loud speakers to be used with permission only.They are
banned at night except in closed spaces.
Provides for decibel limits in different areas

4 Ozone Depleting Substances As part of implementing montreal protocol.

(Regulation) Rules, 2000 Regulates use production and sale of ozone depleting
substances.
Provides for access of funds under the montreal protocol

5 Recycled Plastics Manufacture Bans plastic bags of less than 20 microns.

and Usage Rules, 1999 Guidelines for plastic recycling
(Amended 2003)
6 Municipal Solid Wastes Includes commercial and residential wastes excluding
(Management & Handling) Rules, industrial hazardous wastes but including treated bio-
2000 medical wastes.Lays down procedure for disposal of the
same

● The national environment tribunal act,1995 and NET

○ Act to provide for liability for damages arising out any accident occurring while
handling any hazardous substance.Liability for compensation can be from a person or a
group of people responsible for the activity.
○ In any claim for compensation for death injury or damage to environment the claimant is
not required plead or establish any wrongdoing or neglect by any person ie mere
accidents is enough
○ Consists of chairman,VCs,judicial and technical members
○ Appeals to SCI

● National environment appellate authority act,1997 became defunct after establishment of NGT

● National green tribunal act 2010 and NGT

○ Part of implementing promises at Rio conference 1992
○ NGT will act as appellate authority to persons aggrieved under the acts:
■ Water (Prevention and control of Pollution) Act 1974
■ Water (Prevention and Control of Pollution) Cess Act 1977
■ Forest (Conservation) Act 1980
■ Air (Prevention and Control Pollution) Act 1981,
■ Environment (Protection) Act 1986
■ Biological Diversity Act 2002.
○ The NGT has powers to regulate its own procedure and is not bound by Indian
Evidence Act 1872 or Code of Civil Procedure 1908
○ The NGT Act 2010 applies to civil cases and it excludes criminal offences.
○ There is no limit for the compensation that the green tribunal can award to the victims of
environmental degradation /damage
○ Whoever fails to comply with the order or award of the tribunal shall be punishable with
imprisonment, which may extend to 3 years or with a fine, which may extend to Rs 10
crores. In case of companies, the penalty may extend to Rs 25 crores.
○ Appeal against NGT is filed SCI
○ NGT has a full time chairperson and max of 20 each judicial and technical members.

Environmental impact assessment

 An environmental impact assessment (EIA) is an assessment of the possible impacts that a
proposed project may have on the environment, consisting of the environmental, social and economic
aspects.MoeF is the nodal agency for EIA in india.Currently 29 projects need mandatory EIA.There are
6 committees which scrutinise the documents submitted as part of EIA.They are for Mining
Projects,Industrial Projects,Thermal Power Projects,River Valley, Multipurpose, Irrigation and H.E.
Projects,Infrastructure Development Projects and Nuclear Power Projects.
Before a full EIA a screening and preliminary assessment is carried out on the project.Later a
assessment is carried on factors like :
● Presence of historical sites,threatened species etc
● Impacts :
○ change of quality to air,water,noise levels,habitats,landscape etc
○ Sources of impacts:Smoke emissions,water consumption etc
○ All this is done by questionnaires,surveys, meetings with concerned parties etc
○ Changes in livelihood.
● Problems in India:
○ In many projects once site clearance is granted,work begins without waiting for
environment clearance
○ Though public hearings are mandated for many projects,their outputs are not given
adequate value.
○ Lack of capacity to ensure the effectiveness of EIA
○ In India,unlike countries like U.S.A.,it is not necessary to explain why the project can’t be
shifted to another site and why an alternative site is not chosen.
○ Team conducting EIA often lacks expertise in the field
○ There is a lack of sufficient socio economic indicators to accurately assess the social
impacts of a project
○ lack of reliable data sources especially secondary data.
○ The project proponent prepares the document with the help of external agencies.
○ Small industries are exempt from EIA,although their cumulative impact may be
substantial.
 CONSERVATION
● Biodiversity act 2002 and national biodiversity authority(chennai).
○ As part of commitments under Rio 1992 convention on biological diversity.
○ Regulates access to access to biological diversity:
■ Permission of NBA necessary for foreign citizens and NRIs, transfer of research
from indian citizens to foreign citizens/companies etc for monetary gain unless
under collaborative research between institutions.
■ IPR can’t be claimed on invention based on a bio resource from india without
NBA permission.Section 18(iv)
■ Section 36(iv) provides protection to the knowledge of local people relating to
biodiversity through measures such as registration of such knowledge, and
development of a sui generis system.
■ The NBA on receipt of application which involves transfer of biodiversity may
impose benefit sharing or royalty conditions on the applicant.
○ Structure of NBA :
■ Chairperson
■ 3 ex-officio members:one representing min of tribal affairs and the others MoEF
including director general or Add.DG of forests
■ 7ex-officio members representing areas like agriculture,ocean
development,science and technology,indian medicine systems bio tec etc.
○ Biodiversity management Committees for conservation,sustainable use and
documenting biodiversity related aspects like habitats,stocks and breeds of animals etc
○ NBA has the powers of a civil court wrt to its proceedings.
● National Traditional Knowledge Digital Library (TKDL)
○ Collaborative effort between CSIR and dept.of AYUSH under ministry of
science,Ministry of Health and Family Welfare.
○ Helps in the implementation of convention of biodiversity and the nagoya protocol
○ Provides information on traditional knowledge existing in the country, in languages
and format understandable by patent examiners at International Patent Office to
prevent the grant of wrong patents.
○ Digitized format in five international languages which are English, German, French,
Japanese and Spanish.

● National Biodiversity Strategy and Action Plan

Proposed Biodiversity regulatory authority bill and controversy.

Review Committee on Genetic Manipulation (RCGM) Monitoring-cum-Evaluation Committee (MEC)Institutional
Biosafety Committees (IBSCs)
● Conflict of interest between BRAI bill and the Dept of science which proposes it,since the DoST
has a mandate to promote biotechnology
● The bill takes away state governments power to deny trials or cultivation of GM crops.This is
significant since 10 states denied permission for trials of Bt Brinjal
● The proposed regulatory authority in bill is composed mainly of technical people and excludes
those with social science,economics backgrounds etc
● Transparency is curtailed in the bill because mandate to provide information in taken away from
CIC to the regulating authority.
● There is no provision in the bill to assess the biosafety aspect of gm crops on a long term
basis independently
● The bill is mockingly called monsanto protection bill of india.
● The bill may lead to monopolisation of seeds and may put food safety in jeopardy.In Case of
BtCotton the monopoly is held by monsanto through its subsidiary Mahyco.
● It takes away the powers of MoEF,currently the parent ministry of GEAC,on GM crops.
● Initially the bill had provisions to criminalise the protests against GM crops.

● Forest Act (1927)

○ Classification of forests into Reserved forests(most protected),protected forests
and village forests.
○ Government empowered to collect duty on timber and other forest produce.

● The Wildlife (Protection) Act, 1972 (Last amended in 2006)

○ A comprehensive law on protection of wildlife and provides for establishment of
sanctuaries,national parks,reserves and closed areas
○ Appointment of officers like wildlife wardens etc specified.
○ Constitution of central zoo authority.
○ For national parks no grazing and residence allowed
○ Immunisation of cattle in 5km radius of parks or sanctuaries
 ○ Act is often criticised for low punishments prescribed for offences and for not
extending protection to plants
○ National tiger conservation authority was established by 2006 amendment
○ Provides schedule of protected animals.
○ Ban hunting of protected animals,possession of illegal trophies unless by
inheritance,sale of wildlife products like meat etc
○ National parks in india: 102 under wildlife protection act and project tiger
○ 2 new concepts under this act are
■ Conservation Reserves
■ Community Reserves
● Conservation Reserves can be declared by the State Governments in any area owned by the
Government, particularly the areas adjacent to National Parks and Sanctuaries and those
areas which link one Protected Area with another. Such declaration should be made after
having consultations with the local communities. Conservation Reserves are declared for the
purpose of protecting landscapes, seascapes, flora and fauna and their habitat. The rights of
people living inside a Conservation Reserve are not affected.
● Community Reserves can be declared by the State Government in any private or community
land, not comprised within a National Park, Sanctuary or a Conservation Reserve, where an
individual or a community has volunteered to conserve wildlife and its habitat. Community
Reserves are declared for the purpose of protecting fauna, flora and traditional or cultural
conservation values and practices. As in the case of a Conservation Reserve, the rights of
people living inside a Community Reserve are not affected.
● The Forest Conservation Act (1980)
○ Restriction on the de-reservation of forests or use of forests land for non-forests
purposes.
○ Cultivation of coffee, spices, rubber, palms, oil bearing plants, medicinal plants,
considered, non-forests purposes.
○ The Supreme Court of India has currently imposed a complete ban on the release of
forestland for non-forestry activities without the prior approval of the GOI.
● National Wildlife Action Plan (2002-2016)
○ Ecological security and in situ conservation
○ Peoples support for wildlife
○ Effective management of protected areas
○ conservation of wild and endangered species and habitat by controlling
poaching,taxidermy etc
● Wetlands (Conservation and Management) Rules, 2010

● Ecosystem services by lakes

and reservoirs are given in fig
● Central Wetland Regulatory
Authority has been constituted under
MoEF
● Reclamation,setting up of
industries,solid waste
dumping,discharge of untreated
waste,construction except boat jetties
have been banned.

Project Tiger
○ launched in 1973-74 by kailash sankhala with 9 reserves initially.
○ tiger reserves were created in the country on a 'core-buffer' strategy.
○ 'centrally Sponsored Scheme' from 1980-81, with equal sharing of expenditure between
the center and the states.
○ Use of GIS,MIS,Wireless systems are part of modernisation of the project
○ Project elephant was launched in 1992.

● National tiger conservation authority

○ Formed in 2006 to manage project tiger
 Coastal regulation Zones (as per 2011 notification)
● What is CRZ?
○ Land area 500 metres from High tide line.
○ Area between HTL to 100 or width of the creek.
○ Area between hazard line and HTL,Area between HTL and low tide line
○ Territorial waters of India
● 4 csr zones : based on ecological value coastal areas are divided into 4 zones.
○ CRZ I- ecologically sensitive areas such as mangroves, coral reefs, salt marshes, turtle
nesting ground and the inter-tidal zone.
○ CRZ II- areas close to the shoreline, and which have been developed.
○ CRZ III- Coastal areas that are not substantially built up, including rural coastal areas.
○ CRZ IV- water area from LTL to the limit of territorial waters of India
● Developmental restrictions in CRZ (varies with different zones):
○ No Setting up of new or expansion of industries except:
■ DAE projects
■ Those requiring waterfront or foreshore facilities
■ Non conventional energy or desalination plants
■ Houses of local communities
○ No handling or transport of hazardous substances except:
■ Transport of such substances from ships or ports
■ LNG or petroleum transport facilities
○ No fish processing zones except hatchery and natural dryers in permitted areas.
○ Waste and effluent disposal unit except:
■ discharge of treated effluents with permission.
■ Storm water drains and pumping facilities.
■ Treatment of wastes from hotels,resorts etc except in CRZ 1
○ No dumping of city or industrial wastes and no reclamation for housing or purposes like
shopping complexes
○ Mining except minerals available only in CRZ ares
○ No groundwater drawal except
■ Only For use by local communities within 200m of HTL
■ For agricultural,drinking purposes allowable within 200-500 metres of HTL if done
manually from ordinary well and if no other source is available.
● Exceptions are provided for special areas: kerala,goa and navi mumbai
● Coastal management plans are to be prepared by State govt or UTs with the help of scientific
institutions,hazard line to be prepared by survey of india

The Western Ghats and key recommendations of kasturi rangan committee

Kasturi rangan committee report highlights
● Mining: Complete ban on mining, quarrying and sand mining in ESA
 ● Power/Energy, including hydropower and wind:
○ No thermal power projects will be allowed
○ hydropower projects must be based on conditions
● Industry: All ‘Red’ category industries will be strictly banned.Red category is as per water and
air act.
● Settlements: Building and construction projects of 20,000 sq. m and above will not be
allowed.Townships and area development projects will be prohibited.

Issues with conservation in india

● Habitat loss and conflict with humans
● Poaching
● Unplanned Tourism and changing land use
● Timber and Wildlife Poaching/ Trade
● Invasive alien species and forest fires

Pollution control boards and problems

● Central and state pcbs are constituted under the Water act 1974 and also derives
powers from air act and EPA.
● CPCB coordinates activities of SPCBs.It has & zonal offices with HO at delhi and 5
laboratories.
● CPCB runs programs like national air quality monitoring program
● PCBs have powers to advise the government on environmental issues,investigate
compliance of industries with regulations,close down defaulting industries,evolve methods to
treat waste,monitor water,air qualities etc.
● Problems:
○ Political meddling in appointing chairmans of SPCBs
○ Minimum tenure of appointment of board members is 3 years according to section 4 of
water act.This is often violated.
○ Though the act says the person as chairman should be an expert in the field people
ranging from 10th standard pass to MLAs are appointed.
○ SPCBs are severely understaffed,do not meet regularly and the experts like engineers
taken on contract basis leave work due to work overload.
○ Though new areas like municipal solid waste management, biomedical waste and high-
rise buildings have been brought under its ambit staff strengths remain the same as that
years back.

Other important terms:

Ecomark:Started in 1991.It is issued by indian beurau of standards for products
conforming to a set of standards.The products must have substantially less pollution
potential,is recylable or is made form recycled products,make contribution to renewable energy etc
compared to simmilar products.

The Public Liability Insurance Act, 1991:The main objective of the Public Liability Insurance Act 1991
is to provide for damages to victims of an accident which occurs as a result of handling any hazardous
substance. The Act applies to all owners associated with the production or handling of any hazardous
chemicals.

Green Corps (EVS) :It covers around 120,000 schools in India and promotes environmental activity in
school.It is the largest such program in the world.

Indira Gandhi Paryavaran Puraskar (E.V.S.):The prize will be given each year on any environment
related occasion for significant contributions in the field of environment, which are recognized as having
measurable impact on the protection/overall improvement of the environment.Any citizen of India or
Indian organisation engaged in the Scientific Work/Field Work for the cause of protection of
environment is eligible.

River Action Plans

● National River Conservation Directorate (NRCD) is implementing the River Action Plans
● NRCD is implementing the Action Plans in 157 cities and towns located along 30 rivers
● rivers are Adyar, Cooum, Betwa, Bhadra, Brahmani, Cauvery, Chambal, Damodar, Ganga,
Godavari, Gomti, Khan, Krishna, Kshipra, Mahanadi, Mandovi, Narmada, Pennar, Sabarmati,
Sutlej, Subarnarekha, Tapti, Tunga, Tunga Bhadra, Tambraparni, Vennar, Vaigai, Walnganga,
Yamuna and Musi.
● thrust of NRCD is towards providing funds to state agencies for interception, diversion and
treatment of sewage discharged to the water bodies
● Ganga action plan
○ Uttar Pradesh alone is responsible for over 50% of the pollutants entering ganga
○ Feb 1985, the Central Ganga Authority (CGA) with the PM as Chairman was formed
○ Ganga Action Plan launched in 1986 by the Government of India has not achieved any
success despite expenditure of approximately 2,000 crore rupees.
by Rajath G Krishnan

Reference:
Reports of environment ministry
Environment websites like that of UNDP