Download as pdf or txt
Download as pdf or txt
You are on page 1of 36

Social issue and the

environment
Unit -5
Sustainable Development and it’s Characteristics:
Sustainable development means the development that fulfils the needs of the
present, without compromising the ability of future generations to meet their needs.

Characteristics of Sustainable Development:


1. It attempt to minimize green house gases, reduce global warming and preserve
environmental resources.
2. It emphasizes on green architecture and eco-friendly building practices.
3. Use of natural, biodegradable building material
4. Use of renewable resources of water
5. Emphasis on renewable energy sources such as Solar and wind.
6. Protection of natural habitat.
7. Planned replacement for any resources used.
8. Non polluting construction practices and industries.
The sustainability in environmental restoration programme considers the
following key issues:
(i) Stabilisation of population growth
(ii) Conservation and rational exploitation of forest resources.
(iii) Afforestation in waste lands and deforested areas.
(iv) Control of pollution (Air, water, land etc.)
(v) Stabilisation of population growth
(vi) Conservation and rational exploitation of forest resources.
(vii) Afforestation in waste lands and deforested areas.
(viii) Control of pollution (Air, water, land etc.)
(ix) Updating environmental laws and its strict imposition.
(x) Assessment of ecological security.
Urban Problems Related to Energy

Difference between urban and rural area


URBAN RURAL
An urban area is the region surrounding A rural area is a region outside a city
a city.
Most inhabitants of urban areas have Most inhabitants of urban areas have
nonagricultural jobs. agricultural jobs.

Urban areas are very developed, rural areas are very less developed,
meaning there is a density of human meaning there is a less density of human
structures such as structures such as
houses, commercial buildings, roads, houses, commercial buildings, roads,
bridges, and railways. bridges, and railways.

Urban area" can refer to towns, cities, rural area" can refer to villages
and suburbs
Urban center use enormous quantities of energy. In the past, urban housing required
relatively smaller amounts of energy than we use at present. Traditional housing in
India required very little temperature adjustments as the material used, such as
wood and bricks, handled temperature changes better than the current concrete,
glass and steel of ultra-modern building.
Cities are the main centres of economic growth, trade, education, innovations and
employment. Until recently a big majority of human population lived in rural areas
and their economic activities cantered on agriculture, cattle, rearing, fishing,
hunting or some cottage industry.
The urban growth is so fast that it is becoming difficult to accommodate all the
industrial, commercial and residential facilities within a limited municipal
boundary. As a result there is spreading of the cities into the sub-urban or rural
areas too, this phenomenon is known as “urban sprawl”.
The energy requirement of urban population is much higher than that of rural ones. This is
because urban people have a higher standard of life and their lifestyle demands more energy
inputs in every sphere of life.
Industrialized developed countries use energy for these purposes:
(i) Residential and commercial
(ii) Industrial
(iii) Transportation.
In less developed countries like India most of the energy is used by the individual.
At local level, biomass energy tapping, use of solar cooker, solar water heaters and solar
photovoltaic cells must be encouraged. This shall be utilised besides the conventional energy
from fossil fuels, hydel, thermal and nuclear power resources.
Due to high population density and high energy demanding activities, the urban
problems related to energy are much more magnified as compared to rural
population.
THE ENVIRONMENT (PROTECTION) ACT, 1986
(Central Act 29 OF 1986) [23rd May, 1986]
An Act to provide for the protection and improvement of environment and for matters
connected therewith. Whereas the decisions were taken at the United Nations Conference
on the Human Environment held at Stockholm in June, 1972, in which India participated,
to take appropriate steps for the protection and improvement of human environment; And
Whereas it is considered necessary further to implement the decisions aforesaid in so far
as they relate to the protection and improvement of environment and the prevention of
hazards to human beings, other living creatures, plants and property; Be it enacted by
Parliament in the Thirty-seventh Year of the Republic of India as follows
1. Short title, extend and commencement –
(1) This Act may be called the Environment (Protection) Act, 1986.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint and different dates may be appointed for different provisions of
this Act and for different areas.
.Definitions - In this Act, unless the context otherwise requires,-

(a) “Environment” includes water, air and land and the inter-relationship which exists

among and between water, air and land, and human beings, other living creatures, plants,

microorganism and property;

(b) “Environmental pollutant” means any solid or gaseous substance present in such

concentration as may be, or tend to be, injurious to environment;

(c) “Environmental pollution” means the presence in the environment of any

environmental pollution;

(d) “Handling”, in relation to any substance, means the manufacture, processing,

treatment, package, storage, transportation, use, collection, destruction, conversion,

offering for sale, transfer or the like of such substance;


e) “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;
(f) “Occupier”, in relation to any factory or premises, means a person who has, control
over the affairs of the factory or the premises and includes in relation to any substance,
the person in possession of the substance;
(g)“Prescribed” means prescribed by rules made under this Act.
GENERAL POWERS OF THE CENTRAL GOVERNMENT
Power of Central Government to take measures to protect and improve environment –
(1) Subject to the provisions of this Act, the Central Government, shall have the 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 the provisions 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 Governments, officers and other authorities- (a) under
this Act, or the rules made thereunder, or (b) under any other law for the time being in force
which is relatable to the objects of this Act;
(ii) planning and execution of a 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: Provided that different standards for emission or discharge may be laid down
under this clause from different sources having regard to the quality or composition of the emission
or discharge of environmental pollutants from such sources;
(v) restriction of areas in which any industries, operations or processes or class of industries,
operations or processes shall not be carried out or shall be carried out subject to certain safeguards;
(vi) laying down procedures and 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, materials and substances as are likely to cause
environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to problems of environmental
pollution;
(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes,
materials or substances and giving, by order, of such directions to such authorities, officers or
persons as it may consider necessary to take steps for the prevention, control and abatement of
environmental pollution;
(xi) establishment or recognition of environmental laboratories and institutes to carry out

the functions entrusted to such environmental laboratories and institutes under this Act;

(xii) collection and dissemination of information in respect of matters relating to

environmental pollution;

(xiii) preparation of manuals, codes or guides 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 of securing the effective implementation of the provisions of this Act.


The Central Government may, if it considers it necessary or expedient so to do for the

purpose of this Act, by order, published in the Official Gazette, constitute an authority or

authorities by such name or names as may be specified in the order for the purpose of

exercising and performing such of the powers and functions (including the power to issue

directions under section 5) of the Central Government under this Act and for taking

measures with respect to such of the matters referred to in sub-section (2) as may be

mentioned in the order and subject to the supervision and control of the Central Government

and the provisions of such order, such authority or authorities may exercise and powers or

perform the functions or take the measures so mentioned in the order as if such authority or

authorities had been empowered by this Act to exercise those powers or perform those

functions or take such measures.


Rules to regulate environmental pollution –
(1) The Central Government may, by notification in the Official Gazette, make rules in
respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
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 concentration of various environmental pollutants
(including noise) for different areas;
(c) the procedures and safeguards for the handling of hazardous substances;
(d) the prohibition and restrictions on the handling of hazardous substances in different
areas;
(e) the prohibition and restriction on the location of industries and the carrying on process
and operations in different areas;
(f) the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing for remedial measures for such accidents.
PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION
1. Persons carrying on industry operation, etc., not to allow emission or discharge of
environmental pollutants in excess of the standards - 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 such standards as may be prescribed.
2. Persons handling hazardous substances to comply with procedural safeguards - 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.
3. Furnishing of information to authorities and agencies in certain cases - (1) Where the
discharge of any environmental pollutant in excess of the prescribed standards occurs or is
apprehended to occur due to any accident or other unforeseen act or event, the person
responsible for such discharge and the person in charge of the place at which such discharge
occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental
pollution caused as a result of such discharge and shall also forthwith
(a) intimate the fact of such occurrence or apprehension of such occurrence; and (b) be bound,
if called upon, to render all assistance, to such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or apprehension on any occurrence of
the nature referred to in sub-section (1), whether through intimation under that sub-section or
otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as
practicable, cause such remedial measures to be taken as necessary to prevent or mitigate the
environmental pollution.
(3) The expenses, if any, incurred by any authority or agency with respect to the remedial
measures referred to in sub-section (2), together with interest (at such reasonable rate as the
Government may, by order, fix) from the date when a demand for the expenses is made until
it is paid, may be recovered by such authority or agency from the person concerned as arrears
of land revenue or of public demand.
Environmental laboratories - (1) The Central Government may, by notification in the

Official Gazette,- (a) establish one or more environmental laboratories; (b) recognise one or

more laboratories or institutes as environmental laboratories to carry out the functions

entrusted to an environmental laboratory under this Act.

(2) The Central Government may, by notification in the Official Gazette, make rules

specifying- (a) the functions of the environmental laboratory; (b) the procedure for the

submission to the said laboratory of samples of air, water, soil or other substance for analysis

or tests, the form of the laboratory report thereon and the fees payable for such report; (c)

such other matters as may be necessary or expedient to enable that laboratory to carry out its

functions.
Government analysts - The Central Government may by notification in the Official
Gazette, appoint or recognize such persons as it thinks fit and having the prescribed
qualifications to be Government Analysts for the purpose of analysis of samples of air,
water, soil or other substance sent for analysis to any environmental laboratory
established or recognised under sub-section (1) of section 12.
Reports of government analysts - Any document purporting to be a report signed by a
Government analyst may be used as evidence of the facts stated therein in any
proceeding under this Act.
Penalty for contravention of the provisions of the act and the rules, orders and
directions - (1) 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 five 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 such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of
one year after the date of conviction, the offender shall be punishable with imprisonment for
a term which may extend to seven years.
Protection of action taken in good faith - No suit, prosecution or other legal proceeding
shall lie against the Government or any officer or other employee of the Government or any
authority constituted under this Act or any member, officer or other employee of such
authority in respect of anything which is done or intended to be done in good faith in
pursuance of this Act or the rules made or orders or directions issued thereunder.
Cognizance of offences - No court shall take cognizance of any offence under this Act
except on a complaint made by-
(a) the Central Government or any authority or officer authorised in this behalf by that
Government, or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of
the alleged offence and of his intention to make a complaint, to the Central Government
or the authority or officer authorised as aforesaid.
Drawbacks of the Environmental Protection Act 1986
•India’s forest cover is shrinking at a rapid rate. As forest plays a vital role in the resources
of the nation, it gets exploited by villagers in need to fuel corrupt officials, greedy forest
contractors etc.
•A well-meant yet strict forest bill failed to get people’s support. The main two reasons
behind the failure of the forest bill were that it prohibited the usage of any of the products
of forests by the tribals. The products included leaves, fruits etc. Another reason for the
disappointment was that this bill changed forest officers into judges and executioners
simultaneously.
•Regulatory/ enforcing manpower in regulatory agencies is less than required as compared
to the ever-growing number of industries.
•The shortfall of required technical skills/ knowledge as needed for enforcement of
regulation.
•One of the major drawbacks of environmental protection act 1986 is the limitation is
financial facilities. Enough resources of money are needed to implement the bare act.
The air (prevention and control of pollution) act 1982
This act was introduced after the United Nations conference held in Stockholm in 1972 where
India also participated. The act has come into force in 16th day of May 1981 the air prevention
and control of pollution act 1981 comprises of 7 chapters and 54 sections
the main objective of the act are
I. Prevention control and abatement of air pollution
2. Maintaining the quality of air
3. Establishment of boards for the prevention and control of air pollution
Definition of pollution
Air pollution means the presence in the atmosphere of any air pollutant. Air pollutant means any
solid, liquid or gaseous substances present in the atmosphere in such a concentration as may be
injurious to human being or other living creature or property or environment. "Control
equipment" means an apparatus, device, equipment or system to control the quality and manner
of emission of any pollutant and include any device used for securing the efficient operation of
any industrial plant.
Function of Central board
a. advise the central government on any matter concerning the improvement of the quality of air
and the prevention control or abatement of air pollution
b. Co-ordinate the activities of the state boards and resolve dispute among them
c. provide technical assistance and guidance to the state boards, carry out and sponsor
investigation and research in-relation to problem of air pollution and prevention and control of air
pollution.
d. plan and organise training of persons engage or to be engaged in programs for the prevention
and control of air pollution.
f. organised through mass media a comprehensive program regarding the prevention, control and
abatement of air pollution.
g. Lay down standard for the quality of air
h. To establish laboratory for analysis of air samples.
Function of State board
a. to advise the state government on any matter concerning the prevention, control or abatement
of air pollution.
b. To plan a program for the prevention, control or abatement of air pollution.
c. To collaborate with the Central board in organizing the training of person engaged or to be
engaged in progress related to prevention, control or abatement of air pollution and to organize
mass education program.
d. to inspect the air pollution control area at such intervals as it may be necessary to take steps for
prevention, control or abatement of air pollution in such area.
e. to lay down standards for emission of air pollutants into atmosphere from industrial plant and
automobiles or for the discharge of any air pollutant into the atmosphere from any other sources
with the Central board consultation.
Power of the board
a. state government after consultation with the state board may declare any area as air pollution
control area by notification in the official gazette.
b. It can prohibit the use of any fuel appliances causing or likely to cause air pollution in an air
pollution control area.
c. Board has a power to lay down the standard for emission of air pollutant from automobiles.
d. Board has a power to restrict the establishment or operation of any industrial plant in an air
pollution control area.
e. Any person empowered by State board has the right to enter any place for examination and
testing any control equipment, industrial plant, record, register, document etc
f. Board has the power to take sample of air or emission from any chimney for the purpose of
analysis.
Penalties for violation of the provision under the act:
There is no provision for publication of name of offenders under this act, the penalties for
defaults or violation are imprisonment up to 3 months or fine up to Rs 10000. This may extend
upto Rs 100 for per day for continued offence after the first conviction.
Merits
1. Air act is a comprehensive legislation.
2. Is providing enormous power to state for declaring any area as air pollution control area.
3. No civil court has jurisdiction to entertain any suit or proceeding with respect of any matter
which an appellant authority constituted under this act.
Demerits
1. The air act has bars for emission of effluent automobiles but no restriction on their number.
2. The air act should be further amended with regard to RPM, which is chief culprit for causing
many respiratory disorders.
Note: the 1987 amendment in air act strengthen the enforcement machinery and introduce
penalty. The board may also apply to court to restrain emission exceeding the prescribed standard
by industrial unit. The amendment also introduces citizen suit provision in to the air act to include
noise pollution.
The water prevention and control of pollution act 1974
The major objectives of this act are as follows
•To provide for the prevention control and abatement of water pollution
•To provide for the establishment of Central state board with a view to implement the above said
purpose
•Maintaining or restoring the wholesomeness of water
Power and function of board
•Constitution of Central board
The Central board consists of the following members
•Full time chairman having knowledge or practical experience in matters related to environmental
protection to be nominated by the central government.
•One full time member secretary having knowledge and experience of scientific engineering are
management aspects of pollution control to be nominated by the central government.
Not more than 5 persons from amongst the member of State board not more than 3 non officials
to represent interest of agriculture fishery agriculture trade etc. are nominated by the government
•Terms and service condition of the members of the board

•Government prescribed terms and service conditions of the member secretary and chairman.

•A member shall be eligible for renomination

•Central or State Government may remove a member of the central or State board at any time by

giving him reasonable notice.

•The chairman may resign by addressing his resignation to the government and a member may

resign by addressing his resignation to the chairman.

•Disqualification for members are insolvency un sound mind inability to attend three consecutive

meetings and partnership with anybody dealing with sewage or trade effluent etc. Seat of the

disqualified member shall fall vacant and a person nominated to fill such a vacancy shall hold

office for the remaining term.


Functions of the Central board
•To promote cleanliness of stream and wells in different area of the state.
•To advise that central government on matters concerning the prevention and control of water
pollution
•To coordinates action of the State board and resolve dispute among them.
•To provide technical assistance and guidance to the state board to carry out research in
prevention and control of water pollution problems.
•To organize training of persons engaged in pollution control
•To lay down standards for streams or wells.
•To prepare manuals codes and guides for treatment and disposal of sewage and trade effluent.
•To establish recognize laboratory for analysis of water sample.
Functions of the state board

•Planning a comprehensive program for prevention.

•Advising the state government regarding water pollution control or location of industries.

•To collaborate with Central board for training personnel for handling water pollution programs.

•Inspecting trade effluent and wastewater treatment plant.

•Generating economical and reliable methods of disposal treatment and reuse of wastewater.

•Preparing the standard for treatment of sewage and trade effluent to be discharge into any

stream.

•Conducting and encouraging investigations and research relating to different aspects of water

pollution.
Power of the state government

•Power to obtain information

•Power to take sample

•Power of entry and inspection

•Power of prohibition on disposal of polluting matter into a stream or well

Violation of the provision of the act

In case of failure to give information by a person discharging effluent into stream or regarding

construction or establishment of disposal system the penalty is imprisonment upto 3 months are

fine upto Rs 10,000 or both. If the order is not obeyed then the penalty is an additional fine upto

Rs 5000 per day.


Merits of water act

•The water act is prescribed not only for private and public firms but also to government

department.

•The coverage of the act is quite comprehensive in that it includes streams, river, watercourses,

inland, water subterranean water, sea, and tidal wave water under state jurisdiction.

•State pollution control board is not only entrusted with the purpose of laying standard but also of

monitoring of the state water pollution.

Demerits of water act

•Penalties are not stringent and comprehensive.

•This act should lay standards for permissible and impermissible limit of a variety of other

effluents and leached products like fertilizer.


Wildlife protection act 1972 amended 1991
•This act was started by the British government under the title of wild birds’ protection act 1887.
•The act was amended by
•wildlife protection amendment act 1982
•Wildlife protection amendment act 1986
•Wildlife protection amendment act 1991
•Wildlife protection amendment act 1993.
The objectives of wildlife protection act 1972 are as follows
•Preservation of biodiversity
•Maintenance of essential ecological process and life supporting system
•Protection and conservation of wildlife.
•Central and state government can appoint the following members according to this act
i. Director of wildlife preservation.
ii. Assistant director of wildlife preservation.
iii. Wildlife warden
iv. Chief wildlife warden
It consists of the following members.
•The minister in charge of forest responsible in the state or union territory. If there is no such
minister the chairman will be represented by the secretary to the state government or the chief
secretary to the government or union territory.
•Two members of the state legislature
•Secretary to the state government in charge of forests.
•An officer to be nominated by the director.
•The forest officer in charge of the state forest department.
•Chief wildlife warden, ex -officio, not more than five officers of the state government not more
than 10 persons, who in the opinion of the state government are interested in the protection of
wildlife, including not more than three representative of tribal.
The board shall meet at least twice a year at a place directed by the state government
Duties of wildlife advisory board
•Selection of area to be declared as sanctuaries National park and close area.
•New policies for protection and conservation of wildlife and specified plants.
•Steps to be taken for the need of the tribal and other dwellers of the forest with the protection
and conservation of wildlife.
PROHIBITION OF HUNTING
•Hunting of wildlife is permitted if the chief wildlife warden is satisfied that any wild animal has
become dangerous to human life or diseased as to be beyond recovery.
•The killing of any wild animal in self defense or defense of any other person is permitted.
Declaration of sanctuary and restriction on entry in sanctuary
If the state government considered that any area is of adequate ecological faunal, floral,
geomorphological, natural or zoological significance, then that area can be declared as a
sanctuary for the purpose of protection, propagating or developing wildlife or its environment.
Declaration of national parks and closed area.
An area is declared as a national park if that area is important from ecological, faunal, floral,
geomorphological and zoological point of view. No hunting of any wild animal shall be permitted
Merits
•The wildlife protection act 1972 governs wildlife protection and conservation of endangered
species. Except common crow fruit bats mice and rat no other animal shall be hunted or harmed.
•Declaration of national parks sanctuaries and closed area is very important to enrich gene pool.
•The act provides for proper medical care of wild animal like immunization etc.
•There are also provision of restriction in trade of wild animal and products.
•There is a clear cut provision for maintenance of zoos by their proper recognition through
Central zoo authority.
Demerits
•Penalties of wildlife crime should be updated and upgraded.
•All the wildlife provides provision for sanctuary and national parks there is no specific time
limit and target.

You might also like