Environmental Public Policy

Public Policies in India for Environmental Protection
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    December 1969
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PUBLIC POLICY Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs by legislation. Environmental policy is any [course of] action deliberately taken [or not taken] to manage human activities with a view to prevent, reduce, or mitigate harmful effects on nature and natural resources, and ensuring that man-made changes to the environment do not have harmful effects on humans. It is useful to consider that environmental policy comprises two major terms: environment and policy. Environment primarily refers to the ecological dimension (ecosystems), but can also take account of social dimension (quality of life) and an economic dimension (resource management). Policy can be defined as a "course of action or principle adopted or proposed by a government, party, business or individual". Thus, environmental policy focuses on problems arising from human impact on the environment, which retroacts onto human society by having a (negative) impact on human values such as good health or the 'clean and green' environment. Environmental issues generally addressed by environmental policy include: 1. 2. 3. 4. 5. Air And Water Pollution, Waste Management, Ecosystem Management, Biodiversity Protection, and Protection of natural resources, wildlife and endangered species. Overall organisations are becoming more aware of their environmental risks and performance requirements. In line with the ISO 14001 standard they are developing environmental policies suitable for their organisation. The Underlying Causes of Environmental Degradation in India 1. Social Factors : population, poverty ,urbanization 2. Economic Factors  Non-existent or poorly functioning markets for environmental goods and services  Market distortions created by price controls and subsidies  The manufacturing technology adopted by most of the industries which generally is based on intensive resource and energy use.  Expansion of chemical based industry  Growing transport activities  Expansion of port and harbour activities. 3. Institutional Factors : Lack of awareness and infrastructure makes implementation of most of the laws relating to environment, extremely difficult and ineffective. ENVIRONMENTAL POLICY IN INDIA Ancient India  The Arthashastra by Kautilya, written as early as between 321 and 300 BC, contained provisions meant to regulate a number of aspects related to the environment.  The fifth pillar edict of Emperor Ashoka also contains such regulations During the British Reign in India:  Shore Nuisance (Bombay and Kolaba) Act, 1853  The Indian Penal Code, 1860  The Indian Easements Act, 1882  The Fisheries Act, 1897  The Factories Act, 1897  The Bengal Smoke Nuisance Act, 1905  The Bombay Smoke Nuisance Act, 1912  The Elephant’s Preservation Act, 1879 and  Wild Birds and Animals Protection Act, 1912. Modern India  National Council for Environmental Policy and Planning was set up in 1972 which was later evolved into Ministry of Environment and Forests (MoEF) in 1985.  MoEF and the pollution control boards (CPCB i.e. Central Pollution Control Board and SPCBs i.e. State Pollution Control Boards) together form the regulatory and administrative core of the sector.  The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MoEF in 1992.  The EAP (Environmental Action Programme) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations into development programmes. National Environment Policy, 2006. It the first initiative in strategy-formulation for environmental protection in a comprehensive manner. It undertakes a diagnosis of the causative factors of land degradation with a view to flagging the remedial measures required in this direction. It recognizes that the relevant fiscal, tariffs and sectoral policies need to take explicit account of their unintentional impacts on land degradation The solutions offered to tackle the problem comprise adoption of both, sciencebased and traditional land-use practices, pilot-scale demonstrations, large scale dissemination, adoption of Multi-stakeholder partnerships, promotion of agroforestry, organic farming, environmentally sustainable cropping patterns and adoption of efficient irrigation techniques. Constitutional Framework  Article 21 - Fundamental Rights  Article 48A - Directive Principles of State Policy  Article 51A(g) - Fundamental Duties Legislative Framework  Water (Prevention and Control of Pollution) Act, 1974  Water (Prevention and Control of Pollution) Cess Act, 1977  Air (Prevention and Control of Pollution) Act, 1981  Atomic Energy Act of 1982  Motor Vehicles Act ,1988  The Wildlife (Protection) Act, 1972  The Forest (Conservation) Act, 1980  Environment (Protection) Act, 1986 (EPA)  The National Environment Appellate Authority Act, 1997  Public Liability Insurance Act (PLIA), 1991  National Environment Tribunal Act, 1995 Policies Described In Environment Protection Act,1986 In India 1. Subject to the previous of the Act, the Central Government shall have power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution 2. In particular and without prejudice to the generality of provision of subsection (1) such measures may include measures with respect to all or any of the following, matters namely:(i) Co-ordination of actions by the State Government, officer and other authorities- (a) Under this Act, or rules made there under: or (b) Under any other law for the time being in force which is reliable to the objects of this Act. (ii) Planning and extension of nation-wide programme for the prevention, control and abatement of environmental pollution: (iii) laying down standards for the quality of environment in its various aspects (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever : (v) restrictions of areas in wihich any industries, operations or process, or class of industries, operations or process shall not be carried out or shall be carried out subject to certain safeguard. (vi) laying down procedures safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents. (vii) laying down procedures and safeguards for the handling of hazardous substances: (viii) examination of such manufacturing processes, material and substance as you likely to cause environmental pollution. (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution.: (x) inspection of any premises, plants, equipment, machinery, manufacturing or other processes, materials or substances and giving by order, of such direction to such authorities officers and persons as it may consider necessary to take steps, for prevention, control and abatement of environmental pollution. (xi) establishment or recognition of environmental laboratories and institute to carry out functions entrusted to such environmental laboratories and institute under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manual, codes or guide relating to the prevention control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose. 3. Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may in exercise of its powers and performance of its functions under this Act issue directions in writing to any person officer or any such person, officer or authority shall be bound to comply with such direction. 4. (1) The Central Government may be notification in the official Gazette make rule in respect of all or any other matter referred to in section 3. (2) In particular and without per-justice to the generality of the forgoing power, such rule may provide for all or any of the following matters, namely:(a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of the concentration of various environmental pollutants and safeguards for the handling of hazardous substances; (c) the procedures and safeguard for handling hazardous substances; (d) the prohibition and restriction on the handling of hazardous substance in different areas;