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Programme BBA( General)

IInd Semester

Course Environmental Management

( Module VI )


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CONSTITUTIONAL PROVISIONS FORENVIRONMENTAL PROTECTION


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PREAMBLEThe preamble of the Constitution of India provides that our country is

based on Socialistic pattern of society. The basic aim of socialismis to provide decent standard of life to all, which is possible only inpollution free environment. Pollution is a social problem and theState is required to pay more attention to it.

DIRECTIVE PRINCIPLES OF STATE POLICY

Article 47 of the Constitution is one of theDirective principles of the State policy and it provides that the State

shall regard raising the level of nutrition and the standard of living ofits people and the improvement of public health as among itsprimary duties. The improvement of public health includes theprotection and improvement of environment without which publichealth cannot be assured.

The Environmental protection and improvement were explicitlyincorporated into the Constitution of India by the 42 AmendmentAct(1976), which added Article 48A to the Directive principles ofState policy and declares that, the State shall endeavour to protect and improve theenvironment and to safeguard the forests and wild life for thecountry.


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FUNDAMENTAL DUTIES

Article 51A(g) on Fundamental Duties imposed a similarresponsibility on every citizen to protect and improveenvironment. It states, It should be the duty of everycitizen of India to protect and improve the natural

environment, including forests, lakes, rivers, andwildlife, and to have compassion for livingcreatures.

Thus, Indian Constitution became one of the rareconstitutions of the world where specific provisions wereincorporated in putting obligations on the State as well

as citizens to protect and improve the environment.Constitutional Provisions provides for local managementof resources and are implemented throughenvironmental protection laws of the country.


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ROLE OF JUDICIARY IN ENVIROMENT

PROTECTION


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INTRODUCTION

In recent past the judiciary has played a proactive role inthe area of environment conservation, in particular thecourts have been active in achieving a greater degree ofcompliance with the laws and in upholding the rights of

the citizens to acceptable quality of water and air. Theforce behind most environmental actions in the countryhas been its active judiciary and vigilant public.

Judiciary has applied to many environmentalmanagement principles like polluter pays principle,

absolute liability principle and precautionary principle. It has been observed by Supreme court that right to

clean environment is a fundamental right under Article21 of Indian constitution


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Environmental Norms

Fundamental norms recognized by Indian courtsare listed below Enforcement agencies are under obligation to strictly

enforce environmental laws. Government agenciesmay not plead non availability of funds, inadequacy of

manpower and other resources to justify non-performance of their obligations under environmentallaws

Polluters should bear the cost of compensation tovictims of pollutions as well as expenses incurred incleanup and reversal of damages.

Government authorities should anticipate, prevent,and attach causes of environmental pollution

The state is trustee of all natural resources meant forpublic use and enjoyment.


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CASE STUDY

KINKRI DEVI V. STATE :A public interest litigation was filed in which it was alleged that theunscientific and uncontrolled quarrying of the limestone has causeddamage to the Shivalik hills and was imposing danger to theecology, environment and inhabitants of the area.

The H.P High Court relying on previous judgement

provided that if a just balance is not struck between developmentand environment by proper tapping of resources, there will beviolation ofArticles 14, 21,48A and 51 A(g) of the constitution. Thecourt observed that natural resources have got to be tapped for thepurpose of social development but the tapping has to be done withcare so that ecology and environment may not be effected . Theresources are permanent asset of mankind and are not intended to

be exhausted in one generation. Thus the court issued a direction tothe state government to set up a committee to examine the issue ofproper granting of mining lease keeping in view the protection ofenvironment.


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AMBUGA PETROCHEMICALS V. A.. P. POLLUTION

CONTROL BOARD.

The effluent treatment plant of the said industrywas not in operation thereby causing water

pollution resulting in danger of public life. TheState Pollution control Board ordered theindustry to close.

Hereunder case was filed by Ambuga

Petrochemicals as they considered the order asin-appropriate and severe.

It was held by the court that the order of theboard was neither dis-appropriate nor severe.


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M.C MEHTA V. UNION OF INDIA

(TAJ MAHAL CASE)

A Public Interest Litigation was filed alleging that due to environmentalpollution there is degradation of Taj Mahal. According to the opinionof the expert committees, the use of coal by industries situatedwithin the Taj Trapezium Zone (TTZ) were emitting pollution andcausing damage to the Taj as also to the people living in the area.

The court held that Taj apart , apart frombeing a cultural heritage is also an industry. The court followed thepath of sustainable development and applied precautionaryprinciple.

Directions issued by the court :

All industries operating in TTZ must use natural gas as a substitutefor coal, as an industrial fuel. The industries which are not in aposition to use natural gas, must stop functioning in TTZ and theymay relocate themselves in new industrial areas and the incentiveswere to be given for relocation.


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INDIAN PENAL CODE,1860


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Indian Penal Code 1860, makes various acts affecting environment as

offences. IPC can be used to prevent pollution of atmosphere. Thusno trade, business or manufacturing process can be carried out inresidential area which produces noxious and offensive smell.

Chapter XIV of IPC containing Sections 268 to290 deals with offences affecting the public health, safety,convenience, decency and morals. Its object is to safeguard thepublic health, safety and convenience by causing those acts

punishable which make environment polluted or threaten the life ofthe people.

Section 268 & 290 of IPC defines public nuisance and provides forpunishment of fine upto Rs. 200 for public nuisance respectively.Under these provisions any act or omissions of a person whichcaused injury to another by polluting the environment can be

controlled.Public Nuisance: a person is guilty of public nuisance who does anyact or is guilty of an illegal omission which causes any commoninjury, danger to the people in general who dwell or occupy theproperty in the vicinity or cause injury, danger , obstruction topersons who use any public right.


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Contd-Section 269 & 270 of IPC provides, whoever negligently or

malignantly does any act which spreads the infection ofdisease dangerous to life, can be controlled by punishingthe person responsible for such act with imprisonmentupto six months to six years or with fine or bothrespectively.

Section 277 provides, whoever voluntarily fouls the waterof any public spring or reservoir, so as to render it less fitfor the purpose for which it is ordinarily used, shall bepunished with imprisonment for three months or with fineof five hundred rupees or with both.

Section 278 provides, whoever voluntarily vitiates theatmosphere in any place so as to make it noxious to thehealth of persons dwelling or carrying on business in theneighbourhood or passing along the public way, shall bepunished with fine upto Rs.500.


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Contd-Section 284 provides, whoever does, with any poisonous substance,

any act in a manner so rash or negligent as to endanger human life,or to be likely to cause hurt or injury to any person, shall bepunished with imprisonment for a term of 6 months or with fine uptoRs.1000 or with both.

Section 285 provides, whoever does, with the fire or any combustiblematter, any act rashly or negligently as to endanger human life, to

be likely to cause or injury to any other person, shall be punishedwith imprisonment for a term of 6 months, or with fine upto Rs.10000or with both.

Section 286 provides, whoever does, with any explosive substance,any act rashly or negligently as to endanger human life, to be likelyto cause or injury to any other person, shall be punished withimprisonment for a term of 6 months, or with fine upto Rs.10000 or

with both.

Under sections 426,430,432 of IPC general pollution caused bymischief can be controlled and the same is punishable.


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Emergence of Environmental issues

It was the Industrial Revolution that gave rise to modern environmental

pollution as it is generally understood today. The emergence of greatfactories and consumption of immense quantities of coal and other fossilfuels gave rise to unprecedented air pollution and the large volume ofindustrial chemical discharges added to the growing load of untreatedhuman waste .Environmentalism grew out of the amenity movement,which was a reaction to industrialization, the growth of cities, andworsening air and water pollution. In the 20th century environmental ideas continued to grow in popularityand recognition. Efforts were starting to be made to save some wildlife,particularly the American Bison. The endangerment of the AmericanBison helped to focus the minds of conservationists and popularize theirconcerns. Notably in 1916 the National Park Service was founded byPresident Woodrow Wilson.

In the 1970s the Chipko movement was formed in India; influenced byMahatma Gandhi, they set up peaceful resistance to deforestation byliterally hugging trees (leading to the term "tree huggers"). Theirpeaceful methods of protest and slogan "ecology is permanenteconomy" were very influential.


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contd

By the mid 1970s many felt that people were on the edge of

environmental catastrophe. The Back-to-the-land movement startedto form and ideas of environmental ethics joined with anti-VietnamWar sentiments and other political issues. These individuals livedoutside normal society and started to take on some of the moreradical environmental theories such as deep ecology. Around thistime more mainstream environmentalism was starting to show forcewith the signing of the Endangered Species Act in 1973 and the

formation of CITES in 1975.

On an international level, concern for the environment was thesubject of a UN conference in Stockholm in 1972, attended by 114nations. Out of this meeting developed UNEP (United NationsEnvironment Programme) and the follow-up United NationsConference on Environment and Development in 1992. Otherinternational organizations in support of environmental policiesdevelopment include the Commission for EnvironmentalCooperation (NAFTA), the European Environment Agency (EEA),and the Intergovernmental Panel on Climate Change (IPCC).


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DECLARATION OF THE UNITED NATIONS CONFERENCE ON THE

HUMAN ENVIRONMENT (1972)

The United Nations Conference on the Human Environment, Havingmet at Stockholm from 5 to 16 June 1972, Having considered the needfor a common outlook and for common principles to inspire and guidethe peoples of the world in the preservation and enhancement of thehuman environment,SOME PRINCIPLES OF THE CONFERENCE

The protection and improvement of the human environment is a majorissue which affects the well-being of people and economic developmentthroughout the world; it is the urgent desire of the people of the wholeworld and the duty of all Governments.

Man has the fundamental right to freedom, equality and adequateconditions of life, in an environment of a quality that permits a life ofdignity and well-being, and he bears a solemn responsibility to protect

and improve the environment for present and future generations. The natural resources of the earth, including the air, water, land, floraand fauna and especially representative samples of naturalecosystems, must be safeguarded for the benefit of present and futuregenerations through careful planning or management, as appropriate.The capacity of the earth to produce vital renewable resources must bemaintained and, wherever practicable, restored or improved.


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Stockholm Conference (Contd.) Economic and social development is essential for ensuring a favorable

living and working environment for man and for creating conditions onearth that are necessary for the improvement of the quality of life.

In the developing countries most of the environmental problems arecaused by under-development. Millions continue to live far below theminimum levels required for a decent human existence, deprived ofadequate food and clothing, shelter and education, health and

sanitation. Therefore, the developing countries must direct their effortsto development, bearing in mind their priorities and the need tosafeguard and improve the environment. For the same purpose, theindustrialized countries should make efforts to reduce the gapthemselves and the developing countries. In the industrializedcountries, environmental problems are generally related toindustrialization and technological development.

The important outcome of the meet was realization that environmentalproblems are essentially by-products linked to intense industrializationand the use of the technology by society and , therefore, a scientifictechnical approach alone would be able to solve them. Following thisconference The United Nations Environment Program (UNEP) was set

up


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Agenda 21

Development of Agenda 21

It is a programme run by the United Nations (UN) relatedto sustainable development. It is a comprehensiveblueprint of action to be taken globally, nationally andlocally by organizations of the UN, governments, and

major groups in every area in which humans impact onthe environment. The number 21 refers to the 21stcentury

The full text of Agenda 21 was revealed at the 1992United Nations Conference on Environment and

Development (Earth Summit), held in Rio de Janeiro onJune 14th where 179 governments voted to adopt theprogramme. The final text was the result of drafting,consultation and negotiation, beginning in 1989 andculminating at the two-week conference


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Structure and Contents- Agenda 21There are 40 chapters in Agenda 21, divided into four sections. All told

the document was over 900 pages:Section I: Social and Economic Dimensions

including combating poverty, changing consumption patterns,population and demographic dynamics, promoting health, promotingsustainable settlement patterns and integrating environment anddevelopment into decision-making.

Section II: Conservation and Management of Resources forDevelopment

including atmospheric protection, combating deforestation,protecting fragile environments, conservation of biological diversity(biodiversity), and control of pollution.

Section III: Strengthening the Role of Major Groups

including the roles of children and youth, women, NGOs, localauthorities, business and workers.Section IV: Means of Implementation

including science, technology transfer, education, internationalinstitutions and mechanisms and financial mechanisms.


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Agenda 21: Preamble

Agenda 21 addresses the pressing problems of todayand also aims at preparing the world for the challengesof the next century. It reflects a global consensus andpolitical commitment at the highest level on developmentand environment cooperation. Its successful

implementation is first and foremost the responsibility ofGovernments. National strategies, plans, policies andprocesses are crucial in achieving this. Internationalcooperation should support and supplement suchnational efforts. In this context, the United Nationssystem has a key role to play. Other international,

regional and sub regional organizations are also calledupon to contribute to this effort. The broadest publicparticipation and the active involvement of the non-governmental organizations and other groups shouldalso be encouraged.


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Contd- The developmental and environmental objectives of

Agenda 21 will require a substantial flow of new andadditional financial resources to developing countries, inorder to cover the incremental costs for the actions they

have to undertake to deal with global environmentalproblems and to accelerate sustainable development.Financial resources are also required for strengtheningthe capacity of international institutions for theimplementation ofAgenda 21. An indicative order-of-

magnitude assessment of costs is included in each ofthe programme areas. This assessment will need to beexamined and refined by the relevant implementingagencies and organizations.


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Kyoto Protocol

What is Kyoto Protocol? The Kyoto Protocol is a protocol to the international

Framework Convention on Climate Change with theobjective of reducing Greenhouse gases that causeclimate change. It was agreed on 11 December 1997 at

the 3rd Conference of the Parties to the treaty when theymet in Kyoto, and entered into force on 16 February2005.

It is an agreement made under the United NationsFramework Convention on Climate Change (UNFCCC).

Countries that ratify this protocol commit to reduce theiremissions of carbon dioxide and five other greenhousegases, or engage in emissions trading if they maintain orincrease emissions of these gases.


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Aim of Kyoto Protocol

Aim to reduce collective emission of greenhouse gases and prevent global warming

The Kyoto Protocol is an agreement under whichindustrialized countries will aim to reduce their collective

emissions of greenhouse gases by 5.2% compared tothe year 1990 (but note that, compared to the emissionslevels that would be expected by 2010 without theProtocol, this limitation represents a 29% cut). The goalis to lower overall emissions of six greenhouse gases -carbon dioxide, methane, nitrous oxide, sulfurhexafluoride, hydrofluorocarbons, and perfluorocarbons -averaged over the period of 2008-2012. Nationallimitations range from 8% reductions for the EuropeanUnion and some others to 7% for the US, 6% for Japan,0% for Russia, and permitted increases of 8% for

Australia and 10% for Iceland.


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Kyoto Protocol continued

The Clean Development Mechanism (CDM) is an arrangementunder the Kyoto Protocol allowing industrialized countries with agreenhouse gas reduction commitment , countries to invest inprojects that reduce emissions in developing countries as analternative to more expensive emission reductions in their owncountries. The most important factor of a carbon project is that itestablishes that it would not have occurred without the additional

incentive provided by emission reductions credits.

Joint implementation (JI) is an arrangement under the KyotoProtocol allowing industrialised countries with a greenhouse gasreduction commitment to invest in emission reducing projects inanother industrialised country as an alternative to emission

reductions in their own countries. Countries with relatively high costsfor emission reductions can reduce the costs of complying with theirKyoto targets by using credits from JI projects, as costs of emissionreductions are significantly lower in some countries.


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WTO & ENVIROMENT PROTECTION

With the formation of theWTO in 1995, environmental issues,as they relate to trade, are now firmly anchored in themultilateral trading system. .World trade Organization, nowexplicitly embrace the internationally recognized principle ofsustainable development-as development that meets theneeds of the present without compromising the ability of futuregenerations to meet their own needs.

Moreover, the institutional machinery working underWTO forinvestigating the trade and environment interface, and makingpositive suggestions towards the objective of sustainable

development, is the committee on Trade and Environment(CTE).


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The Committee On Trade and

Environment The 1994 Ministerial Decision on Trade and Environmentcreated the WTOs Committee on Trade and Environment(CTE), which is open to the entire WTO membership, withsome international organizations as observers. Thecommittees mandate is broad and it has contributed toidentifying and understanding the relationship between tradeand the environment in order to promote sustainabledevelopment.

CTEs workprogramme

The work programme covers a range of relevant issues, fromtrade and the environment in general, liberalization and trade

barriers, and taxes, to individual sectors such as services andintellectual property, and relations with environmentalorganizations.


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Contd- The Doha mandateThe 2001 Doha Declaration has a sectiondealing with the committees regular work. The

focus is on effects of environmental measureson market access, the relevant provisions of theintellectual property agreement , labelingrequirements for environmental purposes,

technical assistance, sharing expertise fornational environmental reviews andenvironmental aspects of the Doha negotiations.


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Issues sorted by CTE

Sustainable developmentTrade is powerful ally of sustainable development. The WTOsfounding element recognizes sustainable development as a centralprinciple, and it is an objective running through all subjects in currentDoha negotiations . The purpose of trade liberalization and WTOs

key principle of non- discrimination is a more efficient allocation ofresources, which should be positive for the environment.

Environmental requirements and market accessThe effect of environmental measures on market access isparticularly important to the work of Trade and EnvironmentCommittee because it holds the key to ensure that sound trade and

environmental policies work together. So, a balance is needed,between safeguarding market access and protecting theenvironment. WTO member governments agree that they have toexamine how environmental measures could be designed.


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Contd-

Labeling

Labeling is one of the subjects assigned to theCommittee on Trade and Environment (CTE). It is part ofan item on the committees work programme in which

the committee is assigned to consider the relationshipbetween the provisions of the WTOs agreements andthe requirements governments make for products inorder to protect the environment. The use of eco-labels(i.e. labeling products according to environmental criteria)

by governments, industry and non-governmentalorganizations (NGOs) is increasing.


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INTERNATIONAL AGREEMENTS ON

ENVIRONMENTAL MANAGEMENT


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VIENNA CONVENTION (1985) : outlines states' responsibilities forprotecting human health and the environment against the adverseeffects of ozone depletion, established the framework under whichthe Montreal Protocol was negotiated.

MONTREAL PROTOCOL (1987): is a landmark internationalagreement designed to protect the stratospheric ozone layer. Thetreaty was originally signed in 1987 and substantially amended in

1990 and 1992. The Montreal Protocol stipulates that the productionand consumption of compounds that deplete ozone in thestratosphere--chlorofluorocarbons (CFCs),carbon tetrachloride, andmethyl chloroform--are to be phased out by 2000 (2005 for methylchloroform).

BASEL CONVENTION (1989):The Basel Convention on the(Control of Transboundary Movements of Hazardous Wastes and

Their Disposal) is an international treaty in which 170 partiesparticipated, was designed to reduce the movements of hazardouswaste between nations, and specifically to prevent transfer ofhazardous waste from developed to less developed countries .TheConvention is also intended to minimize the amount and toxicity ofwastes generated, to ensure their environmentally soundmanagement as closely as possible to the source of generation.


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RIO DECLARATION (1992):The United NationsConference on Environment and Development, havingmet at Rio de Janeiro from 3 to 14June1992,reaffirmingthe Declaration of the United Nations Conference on theHuman Environment, adopted at Stockholm on 16June1972,and seeking to build up it, with the goal ofestablishing a new and equitable global partnership

through the creation of new levels of cooperation amongStates. CONVENTIONS ON CLIMATE CHANGE & ON

BIOLOGICAL DIVERSITY: (1994):

The world community at Rio Conference showedunanimity to prevent global climate change anderadication of biologically diverse species. Thisconventions were signed by more than 150 nations. Theconvention on climate change requires the States to takesteps to reduce their emissions of gases contributing toglobal warming. The other convention on biodiversity

requires the States to take steps for protection of theworlds diverse lant and animal s ecies.


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GLOBAL ENVIRONMENT FACILITY (1992): wasestablished as a cooperative venture of the World Bank,UNEP and UNDP,an independent financial organization,that provides grants to developing countries for projects

that benefit the global environment . GEF grants supportprojects related to biodiversity, climate change,international waters, land degradation, the ozone layer,and persistent organic pollutants. It was set up duringthe 1992 Earth Summit with 27 members initially. At the

Fourth GEF Assembly in 2006, an additional $3.13 billionwas committed

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