Total Marks-20

Environmental Law Assignment

TOPIC- AN ANALYTICAL STUDY OF ENVIRONMENT POLICY IN
INDIA

Submitted By
MOHAMMAD ZIYA ANSARI
BALLB (HONS)
SEMESTER-VIII
ENROLLMENT NO- GI 6492
FACULTY NO- 17BALLB-072
Mid Sem Assignment
Submitted To
Dr Mohib Anwar Sir
Professor, Faculty of Law
Aligarh Muslim University
ALIGARH-202002 (INDIA)
2020-21

1|Page
 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE Dr MOHIB
ANWAR SIR FOR GUIDING ME IMMENSELY
THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU
MOHAMMAD ZIYA ANSARI
BALLB-4th Year GI 6492
17BALLB-072

2|Page
 SYNOPSIS
1- INTRODUCTION.
2- THE INTERNATIONAL EFFORTS.
3- BEGINNING OF POICY MAKING IN INDIA.
4- CONSTITUTIONLA AMEDNMENTS.
5- GLIMPSE OF NATIONAL ENVIRONMNTAL POLICY(NEP).
6- A BREIF IDEA OF EIA.
7- CONCLUSION.
8- BIBLIOGRAPHY.

1- INTRODUCTION: -

3|Page
This assignment presents an analytical study of Environmental Policy in India. Since the
early 1970’s, the world has become increasingly sensitized to environmental issues which cut
across many disciplines and occur at different spatial scales. The unprecedented population
growth and advanced technology both have led to man’s impact on environment becoming
appreciable, so that, there is mounting pressure on both environment and resources. Concerns
for environment have been echoed at various international conferences and also have been
discussed at inter-governmental levels. In India concern for environment had started in late
1970. To protect environment various constitutional amendments were made in the first
place. Environmental legislations were enacted from time to time to protect the environment
followed by environmental policies. Indian concern for the environment is as old as our
origin of civilization. Ancestors did understand the meaning of environment as "the
environment is sum total of water, air and land, inter-relationships among themselves and
also with the human beings, other living organisms and property." This definition appears in
the Environment (Protection) Act, 1986.The Arthashastra by Kautilya described
environmental policy, written as early as between 321 and 300 BC, contained provisions
meant to regulate a number of aspects related to the environment. In recent years, particularly
since the early 1970’s, the world has become increasingly sensitized to environmental issues.
These issues cut across many disciplines and occur at different spatial scales. The
unprecedented population growth and advanced technology have led to man’s impact on
environment becoming appreciable, so that, there is mounting pressure on both environment
and resources. Today there is considerable concern as to whether the earth’s life support
system itself is being jeopardized (Sarkar, 1994).

2- THE INTERNATIONAL EFFORTS: -

The Club of Rome stressed on limits to growth and highlighted issues such as sustainability
and ecological balance. The worldwide concern for environmental degradation found
expression in 1972 at the U.N. Conference on Human Environment (WCED, 1987). Osborn’s
‘Limits to Growth’ brought out in 1972, reported resource shortages, crowding, pollution,
famines etc. In 1979, a U.N. Symposium identified unsustainable consumption patterns and
lifestyles as basic issues of environmental degradation, particularly in the richer countries. It
was truly observed by our late Prime Minister Smt. Indira Gandhi at Stockholm Conference
in 1972, that environment cannot be developed in the condition of poverty, the major cause

4|Page
and effect of global environmental problems. Hence the new development paradigm is
growth with equity, stability and sustainability.

However, it was the Brundtland Commission’s report titled “OUR COMMON FUTURE”
(1987) - a landmark development thinking-which brought environmental issues to the fore.
The Commission came to the conclusion that, the relationship between economic growth and
environmental conservation should be one of the complementarities and interdependence.
The idea of growth at all costs was replaced by the idea of sustainable development.
‘Sustainable
Development’ became a key word and its importance was reemphasized at the ‘Earth
Summit’ held at Rio in 1992. The prime concern in all countries at present is to make
environmental dimensions an integral part of their developmental plans (Kayastha, 1992).
However, guidelines and principles proclaimed at the Rio Conference are not legally binding
but carry a strong moral force to ensure their binding (Bal,2005).

3- BEGINNING OF POLICY MAKING IN INDIA: -

One of the schools of thoughts has gained grounds which considers environment as an
integral part of development and argues that economic objectives should be blended with
environmental imperatives. Hence, the major concern is with optimal resource use and
efficient environmental management which would be conducive to mitigating the costs of
development (Ramana and Bhardwaj, 1980). The environmental problems that countries face
vary considerably; among the factors that affecting them are the stages of development, the
structure of the economies and environmental policies (WDR, 1992).

Two international conferences-one at Stockholm in 1972 and another at Rio de Janerio in

1992 on Environment and Development have influenced environmental policies in India.
Many countries have followed the ‘polluter pays’ principle, the precautionary principle and
the concept of intergenerational equity as guidelines for framing environmental policies.
Environmental policy varies from country to country. By and large policies are influenced by
research, culture and tradition and political institution of the country concerned as shown in
fig.1.

5|Page
 ENVIRONMENTAL
POLICY

4- CONSTITUTIONAL AMENDMENTS: -

The Constitution of India provides a number of Directive Principles of State Policy. Until
1976 environment protection did not appear anywhere in the Constitution. However, in the
42nd amendment of the Constitution in 1976, certain environmental provisions were
introduced. Article 48A was added to the Directive Principles of State Policy and stated “The
state shall endeavor to protect and improve the natural environment and safeguard the forests
and wildlife in the country.” The Article 51 A (g) of Fundamental Duties states that “It shall
be the duty of every citizen in India to protect and improve the natural environment including
forests, lakes rivers and wildlife and to have a compassion for living creatures”. With this
‘Forests and ‘Wildlife’ were dropped from the State list in order to incorporate in the
Concurrent (Centre) list.
The National Council for Environmental Planning and Policy was set up in 1972, which was
later evolved as Ministry of Environment and Forest in 1985. Indian Five year Plans have
focused on rapid economic growth, employment generation, poverty alleviation and balanced
regional development. The importance of sustainable development is also being stressed as
an objective of public policy. Broadly environmental policies in India fall in four periods:

A. Pre-independence period (1853 to 1947):

i. Shore Nuisance (Bombay and Kolaba) Act,
1853
ii. The Elephant’s Preservation Act, 1879

6|Page
 iii. The Fisheries Act, 1897
iv. The Factories Act, 1897
v. The Bengal Smoke Nuisance Act, 1905
vi. The Bombay Smoke Nuisance Act, 1912
vii. Wild Birds and Animals Protection Act,
1912

B- Independence to the Stockholm Conference (1947 – 1972):

During this period legislations were existing to control felling of trees, destruction of forests,
unplanned town growth etc.

Following Acts were in place:

a. The Factories Act, 1948
The Factories Act, 1948 provides that the liquid effluents, gases and fumes generated
during a manufacturing process should be treated before their final disposal to
minimize the adverse effects. During this period stress on economic development was
greater and environmental considerations took a back seat in policy making.
b. The Mines and Minerals (Regulation and Development) Act, 1957

C- Post Stockholm Conference to Bhopal disaster (1972-1984):

However, the Stockholm Conference on Environment and Development had largely
influenced on environmental policy making leading to an amendment of the
Constitution, followed by important legislations such as the Water (Prevention and
Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act,
1981 and creation of institutions such as Central and State Pollution Control Boards
for implementing the provisions of the Acts.

Following legislations were enacted during this period.

1. The Wildlife (Protection) Act, 1972
This Act was enacted under the provisions of Article 252 to prevent the decline of wild
animals and birds. The Act prohibits the poaching of certain animals except for the
purpose of education or scientific research. Under this Act a state government may
declare any area to be a sanctuary or as a national park if it considers that such area is of

7|Page
 adequate ecological, faunal, floral, geomorphological, natural or zoological significance
for protecting, propagating or developing wild life or its environment.

2. Water (Prevention and Control of Pollution) Act, 1974

This Act paved the way for the creation of Central Pollution Control Board (CPCB)
and State Pollution Control Boards (SPCBs) in order to promote cleanliness of streams
and wells in different areas of the states.
3. Air (Prevention and Control of Pollution) Act, 1981
This Act defines air pollutant as ‘any solid, liquid or gaseous substance
(including noise) present in the atmosphere in such concentration as may be or tend to
be injurious to human beings or other living creatures or plants or property or
environment’. The CPCB and the SPCBs created under the Water Act 1974 are
entrusted with the implementation of the provisions of the Act.
4. The Forest (Conservation) Act, 1980 This Act prevents deforestation, which results in
ecological imbalance and environmental deterioration. The Act prohibits even the state
governments and any other authority to de-reserve a forest which is already reserved. It
prohibits forestland to be used for non-forest purposes, except with the prior approval of the
central government.

D- Bhopal Tragedy to 2006 (1984-2006):

The Bhopal gas tragedy in 1984 had a deep impact in the minds of policy makers to deliver
comprehensive environment legislation in 1986.

I. Environment (Protection) Act, 1986 (EPA)

The Environment (Protection) Act, 1986 extends to the whole of India and it came into
force on November 19, 1986. After the enactment of Water (Prevention and Control of
Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, it was
decided that there should be a general legislation for environmental protection as well
as for coordinating the activities of various regulatory agencies. Need was also felt to
create authority with adequate power for environment protection, regulation of
discharge, handling of hazardous substances, speedy response to accidents threatening

8|Page
 environment and deterrent punishment to those who endanger human environment,
safety and health.
II. The Motor Vehicles Act, 1988.
III. The National Environment Appellate Authority Act, 1997.
IV. National Environment Tribunal Act, 1995.

The new economic policy initiated in 1991 led Constitutional amendments in 1994 to
facilitate decentralization of powers and resources to local bodies. This period also witnessed:

a. The Policy Statement for Abatement of Pollution and the National Conservation
Strategy and Policy Statement on Environment and Development were brought
out by the Ministry of Environment and Forests (MoEF) in 1992.
b. The Environmental Action Programme (EAP) was formulated in 1993 with the
objective of improving environmental services and integrating environmental
considerations into development programmes.

5- A GLIMPSE OF NATIONAL ENVIRONMENTAL POLICY (NEP): -

Background of ‘The National Environment Policy, 2006’:

1. The first initiative in strategy-formulation for environmental protection in a
comprehensive manner.
2. It takes into account of factors responsible for land degradation and suggests remedial
measures required in this direction. Factors including fiscal, tariffs and sectoral
policies for their unintentional impacts on land degradation.
3. The remedial measures offered to tackle the problem comprises of traditional land-use
practices in combination with science-based techniques like pilot-scale
demonstrations, large scale dissemination, adoption of multi-stakeholder partnerships,
promotion of agro-forestry, organic farming, environmentally sustainable cropping
patterns and adoption of efficient irrigation techniques.
4. Mandatory of EIA and environment management plan, details of the public hearing
and a project report to the impact assessment agency for clearance, further review by a
committee of experts in certain cases and public hearing.

The current national policy can be put into two categories from the standpoint of

9|Page
A) Overall environmental management which includes:

i. National Forest Policy,1988, ii. National Conservation Strategy and Policy

Statement on Environment and Development, 1992, and iii. Policy Statement on

Abatement of Pollution, 1992.

B) Sector based policies include

i) National Agriculture Policy, 2000 ii) National Population Policy, 2000, and iii)
National Water Policy, 2002 have equally contributed to manage the environment.
The common focus of all these policies is on the need for sustainable development in their
specific contexts. The National Environment Policy seeks to extend the coverage, and fill in
gaps that still exist, in light of present knowledge and accumulated experience (NEP, 2006).

6- A BRIEF IDEA OF EIA: -

An EIA is an important process for evaluating the likely environmental impact of a proposed
project. It makes a scientific estimate of the likely impacts of a project, such as a mine,
irrigation dam, industrial unit or waste treatment plant. It is a process whereby people’s views
are taken into consideration for granting final approval to any developmental project or
activity. It is basically, a decision-making tool to decide whether the project should be
approved or not. The draft notification is issued under the powers vested in the central
government under the Environment (Protection) Act, 1986 to take all such measures for
“protecting and improving the quality of the environment. The concept of EIA has its roots in
the US. Embracing the neoliberal policies in the 1970s, the US passed environmental laws to
include scientific assessment and public participation while taking important environmental
decisions. In India, the EIA process was founded by the enactment of the National
Environmental Policy Act, 1970. Most of the nations in the world have implemented EIA. On
one side, it acts as a key to control the activities of private entities. On the other hand, it is a
prerequisite for grants or loans by international financial institutions. According to the
government, the new notification is being brought in order to make the process more
transparent and expedient by the implementation of an online system, further delegation,
rationalization and standardization of the process. However, the environmentalist said that the
draft will further dilute the EIA process.

10 | P a g e
EIA 2020

The new draft has been proposed with the aim of making processes more transparent and
expedient. But in effect, the draft proposes the removal of several activities from the purview
of public consultation. The notification envisages two kinds of approval—prior environment
clearance (EC) with the approval of expert committees and environmental permission or
provision (EP) without the approval of expert committees.

One of the main causes of concern is that the draft has exempted almost 40 different projects
such as clay and sand extraction or digging wells or foundations of buildings, solar thermal
power plants and common effluent treatment plants are exempted from prior EC or prior EP.
Several projects such as all B2 projects, irrigation, production of halogens, chemical
fertilizers, acids manufacturing, biomedical waste treatment facilities, building construction
and area development, elevated roads and flyovers, highways or expressways are exempted
from public consultation.

The projects under the B2 category include offshore and onshore oil, gas and shale
exploration, hydroelectric projects up to 25 MW, irrigation projects between 2,000 and
10,000 hectares of command area, small and medium mineral beneficiation units, small
foundries involving furnace units, some categories of re-rolling mills, small and medium
cement plants, small clinker grinding units, acids other than phosphoric or ammonia,
sulphuric acid, micro, small and medium enterprises (MSMEs) in dye and dye intermediates,
bulk drugs, synthetic rubbers, medium-sized paint units, all inland waterway projects,
expansion or widening of highways between 25 km and 100 km with defined parameters,
aerial ropeways in ecologically sensitive areas, and specified building construction and area
development projects.

Undoubtedly, the public outcry is over apprehensions that the exemption from EIA and
public consultation for listed B2 category activity and expansion and modernization projects
will seriously affect the environment, since these will be carried out without oversight. The
new draft allows for post-facto approval for projects. It means that the clearances for projects
can be awarded even if they have started construction or have been running phase without
securing environmental clearances. This also means that any environmental damage caused
by the project is likely to be waived off as the violations get legitimized.

11 | P a g e
In addition, the notice period for public hearing has been cut from 30 days to 20 days. This
will make it difficult to study the draft EIA report, more so when it is not widely available or
provided in the regional language. Similarly, for project modernization and expansion, the
norms require only those involving more than 25 per cent increase requiring EIA, and over
50 per cent attracting public consultation. The validity period of environmental clearance has
been increased for mining, river valley and other projects.

The EIA Notification 2020 excludes reporting by the public of violations and noncompliance.
Instead, the government will take cognizance of reports only from the violator promoter,
government authority, Appraisal Committee or Regulatory Authority. Such projects can then
be approved with conditions, including remediation of ecological damage, which, again, will
be assessed and reported by the violator (and not an unconnected agency), although Central
Pollution Control Board guidelines must be used. In short, the new draft rules might seem to
favour the interests of the project proponent by whittling down public consultations,
accepting flawed and faulty EIA reports resulting from external influences, and ignoring the
non-renewable nature of resources.

7- CONCLUSION: -
It is, however, noteworthy that laws have preceded any serious policy. Protection of the
environment has to be central part of any sustainable inclusive growth strategy
(Ganesamurthy, 2009). In the event of dangers of environmental degradation, sustainable
development finds importance in the Eleventh Five Year Plan. The government of India has
taken various efforts to improve our environment. However, pollution taxes for
environmental protection are not yet implemented, though countries like Brazil, Columbia,
Venezuela charge forestry tax when tree harvesting is not compensated by equivalent
afforestation. In contrast to this India has offered pollution subsidies to industries in various
forms, which were really ineffective. The Eleventh Plan document has prioritized the
following monitorable targets for environmental protection:

a. Attain air quality standards in all major cities as per the WHO.
b. Treat all urban waste water
c. Increase energy efficiency by 20%
d. Increase forest and tree cover by 5%.

12 | P a g e
As observed in NEP, 2006 any policy is only as good as its implementation. There are
number of new and continuing initiatives for enhancing environmental conservation as
outlined in National Environment Policy, 2006. The new draft (EIA-2020) has been proposed
with the aim of making processes more transparent and expedient. But in effect, the draft
proposes the removal of several activities from the purview of public consultation. The
notification envisages two kinds of approval—prior environment clearance (EC) with the
approval of expert committees and environmental permission or provision (EP) without the
approval of expert committees. A part from this, to fulfill, the above those require the
coordinated actions of diverse actors. Moreover, it is necessary for individuals and groups to
play their role without which nothing will succeed. It is necessary to change the minds of the
people and hence it also needs spiritual education focusing on environmental ethics.

8- BIBLIOGRAPHY: -

[1] Bal, A.S.: An Introduction to Environmental Management, Himalaya

Publishing House, Mumbai, India, 2005.
[2] Ganesamurthy, V.S.: Environmental Economics in India, New Century
Publications, New Delhi, India 2009.
[3] Kayastha, S.L.: “Environment and Development Emerging Perspectives and
Imperatives in Mehdi Raza (Ed) “Development and Ecology, Essays in honour of
Prof. Md. Shafi” (New Delhi, Rawat Publication, 1992) 39-56.
[4] National Environment Policy: Ministry of Environment and Forest, New
Delhi, 2006.
[5] Ramana, D.V. and Bhardwaj, R.: “Introduction in V. Vadakara, Ramana, D.V.
and Bhardwaj, R (Eds) readings in Environmental Management” (Bangkok,
UNADI) iiixii, 1980.
[6] Sankar, U.: Laws and Institution Relating to Environmental Protection in
India,1989.
[7] Sarkar, D.: Ecological Aspects of Mega Cities in India w.s.r to Bombay, Ph.
D.
Thesis, submitted to the University of Mumbai, 1994.
[8] World Commission on Environment and Development (WCED), 1987.
[9] World Development Report (WDR, 1992) “Development and Environment”
(published for the World Bank by OUP).
[10] https://www.theweek.in/news/biz-tech/2020/08/10/explained-what-is-eia-

13 | P a g e
2020-how-does-it-water-down-the-existing-policy.html

14 | P a g e