Unit-4

Social Issues and the Environment

(Environmental Protection Acts)

Dr. D. Balaji

Associate Professor

Department of Chemical Engineering

Water (Prevention and Control of Pollution) Act,

1974One of the first legislations, after the UN Conference on Human Environmentthat came into existence wasWater (Prevention and Control of Pollution) Act,1974

Objective of the Act:

o To provide prevention and control of water pollution and the maintainingor restoringof wholesomenessof water.or restoringof wholesomenessof water.

o Establishing Boards.

The Water (Prevention and Control of Pollution) Rules, 1975and Central Boardfor the Prevention and Control of Water Pollution (Procedure for Transaction ofBusiness) Rules, 1975 amended 1976 came into existence

Air (Prevention and Control of Pollution) Act,

1981

o To provide prevention, control and abatement of air pollution.

o For carrying out this function, the Act further provided the establishment ofBoards and conferred powers related to the objectives of theAct.

o Aimed at the industrial pollution and automobile pollution.

o Water (Prevention & Control of Pollution) Act, 1974 are conferred with thepowers specified in this Act.

o The Air (Prevention and Control of Pollution) Rules and theAir(Prevention and Control of Pollution) (Union Territories)Rules came intoexistence in, 1982 and 1983 respectively.

Environment (Protection) Act, 1986This act came in to existence in 1986- after 14 years of Stockholm Conference onHuman Environment

Objectives1. Protection of the environment

2. Improvement of environment

3. Prevention of hazards toa) human beings b) other living creatures, c) plants and d)property.

• This is an umbrella legislation, which covers from Radio- ActiveSubstances disposal to use of plastic bags.

• All the notifications, rules and regulations dealing withthe environmentalprotection are the subsidiaries of this Act

Stockholm Conference

The United Nations Conference on the Human Environment heldat Stockholm in June 5th -16th, 1972, was the first majorConference on International Environmental Issues.

It marked a turning point in the development of internationalenvironmentalpolitics.environmentalpolitics.

Almost all the countries of the world have undertaken to monitorthe quality of air, water and other natural resources of the world.

Wild Life (Protection Act), 1972

Certain areas are to be declared as sanctuaries and NationalParks.

This Act is basically for the protection of animals, plants and birds which livein forests.

Hunting of the wild animals is permitted only when such animals becomedangerousto the humanbeingsor it becomesdiseasedbeyondrecovery. Thisdangerousto the humanbeingsor it becomesdiseasedbeyondrecovery. Thisis to be done with the permission of wild life warden in writing.

The same Act prohibits picking and uprooting of specified plants andcultivation of some other specified plants.

Forest (conservation) Act, 1980

It deals with conservation of forest and includes reserve forest, protected forest and any forest land irrespective of ownership.

Salient features

1. State government can use forest only forestry purpose.

2. Provision for conservationof all typesof forests. Advisory committee2. Provision for conservationof all typesof forests. Advisory committeeappointed for funding conservation.

3. Illegal non-forest activity within a forest area can be immediately stoppedunder this act.

Non forest activity means clearing land for cash-crop agriculture, miningetc. However construction in forest for wild life or forest management isexempted from non forestry activity.

1992 Amendment:

1. This amendment allows transmission lines, seismic surveys, exploration drilling andhydro electric project in forest area without cutting trees or with limited cutting oftrees – prior approval CG to be sought.

2. Wild life sanctuaries, National parks etc. are prohibited from exploration exceptwith CG prior approval.

3. Cultivation of coffee, rubber, tea (cash crop), fruit bearing trees, oilyielding trees,treesof medicinal valuesare also prohibited in reservedforest areawith out priortreesof medicinal valuesare also prohibited in reservedforest areawith out priorapproval from CG. This may create imbalance to ecology of the forest.

4. Tusser (a type of silk yielding insect) cultivation in forest area is allowed since itdiscourages monoculture practices in forests and improves biodiversity.

5. Plantation of mulberry for rearing silk worm is prohibited.

6. Proposal sent to CG for non-forestry activity must have a cost benefit analysis andEnvironmental Impact Statement (EIS).

Environmental Legislation

1972 June 5th – Environment was first discussed as an agenda in UNconference on Human Environment. There after every year 5thJune iscelebrated as Environment Day.

Constitutional Provisions:

Added in 1976 – Article 48A – “The stateshall endeavorto protectandAdded in 1976 – Article 48A – “The stateshall endeavorto protectandimprove the environment and to safeguard forests and wildlife of thecountry”

Article 51A (g): “It shall be the duty of every citizen of India to protect andimprove the natural environment including forests, lakes,rivers and wildlifeand to have compassion for living creatures”.

Central Pollution Control Board (CPCB)

1. Advices CG in matters – prevention and control of water pollution

2. Co ordinates SPCB and provide technical assistance and guidance

3. Training programs for prevention and control of pollution by mass media and other ways

4. Publishes statistical and technical details about pollution

5. Prepares manual for treatment and disposal of sewerage and trade effluents

6. Lays std for water quality parameters

7. Plans nation-wide programs for prevention, control or abatement of pollution

8. Laboratories for analysis of water, sewage or trade effluents

State Pollution Control Board (SPCB)

SPCB has similar functions as SPCB and governed by CPCB

SPCB advises state government w.r.t. location of any industry that mightpollute

Lays std for effluents to take samples from streams, wells ortradeeffluents or sewagepassing through an industry. Samples taken areeffluents or sewagepassing through an industry. Samples taken areanalysed at recognized labs. If the sample is not confirmingto the waterquality std, then the unit is neglected

Every industry to obtain consent from PCB before commencingan effluentunit by applying in prescribed form with fee.

Enforcement of Environmental Legislation –Major Issues

1.Target of 33% of land to be covered by forest not achieved.

2. Rivers turning to open sewers.

3. Big towns and cities polluted.

4. Wild life endangered.4. Wild life endangered.

5. ETP (Effluent Treatment Plant) or Air Pollution Control devices are expensive –leads to closure of units. Government should provide subsidy for small units.

6. Pollution control laws not backed up by policy pronouncements or guidelines.

7. Chairman of PCB – political nominee. Hence political interference.

8. Involving public in decision making envisaged by policy statement of the ministryof environment and forest (1992) is only in paper.

Draw backs of wild life (protection) act

o Fall out of Stockholm conference not localized

o Ownership certificate of animals article – illegal trading

o Trade through J & K. This act not applicable to J&K

o Offender to get just 3 years imprisonment and or Rs.25000/- fine.

Draw backs of the forest (conservation) act 1980

o Inheritance of exploitative and consumerist elements of the British period.

o Tribal people (i.e.) inhabitants of forest are left by the act.

o Instead of attracting public support (tribal) it has intrigued in the humanrights.rights.

o Protection of trees, birds and animals have marginalized poor people.

Summary

Water (Prevention and Control of Pollution) ActAir (Prevention and Control of Pollution) ActWild Life (Protection Act)Forest (conservation) Act