Environmental Policy In India

NAVEEN KUMAR
ACE10UAR021 SUSTAINABLE ARCHITECTURE AND PLANNING ASSIGNMENT 2
National Environment Policy, 2006
It is recognized that the maintenance of the Healthy environment is not the
responsibility of the state alone. It is the responsibility of every Citizen and thus a
spirit of partnership is to be realized through the environment Management of the
country. Here is the summary of the National Environment Policy 2006:
Challenges:
The key environmental challenges that India faces are related to the nexus of
environmental degradation with poverty in its many dimensions, and economic
growth. Challenges are intrinsically connected with the state of environmental
resources, such as land, water, air, and their flora and fauna.
Impact on Health:
Poor environmental quality has adversely affected human health.
Environmental factors are estimated as being responsible in some cases for nearly
20 percent of the burden of disease in India, and a number of environment-health
factors are closely linked with dimensions of poverty (e.g. malnutrition, lack of
access to clean energy and water).
Interventions such as reducing indoor air pollution, protecting sources of safe
drinking water, protecting soil from contamination, improved sanitation measures,
and better public health governance, offer tremendous opportunities in reducing
the incidence of a number of critical health problems.
[1]
Objectives of the Policy
Conservation of Critical Environmental Resources
Intra-generational Equity: Livelihood Security for the Poor
Inter-generational Equity
Integration of Environmental Concerns in Economic and Social
Development
Efficiency in Environmental Resource
Use Environmental Governance
Enhancement of Resources for Environmental Conservation.
PRINCIPLES OF NATIONAL ENVIRONMENT POLICY 2006:
Human Beings are at the Centre of Sustainable Development Concerns:
Right to development must be fulfilled so as to equitably meet
developmental and environmental needs of present and future
generations.
In order to achieve sustainable development, environmental protection
shall constitute an integral part of the development process and cannot
be considered in isolation from it.
Where there are credible threats of serious or irreversible damage to key
environmental resources, lack of full scientific certainty shall not be used as
a reason for postponing cost-effective measures to prevent environmental
degradation.
In various public actions for environmental conservation, economic
efficiency would be sought to be realized
Biological Diversity Act, 2002
The Biological Diversity Act, 2002 is a federal legislation enacted by the
Parliament of India for preservation of biological diversity in India, and
provides mechanism for equitable sharing of benefits arising out use of
traditional biological resources and knowledge. The Act was enacted to
meet the obligations under Convention on Biological Diversity (CBD).
Biological Diversity Act, 2002
An Act to provide for conservation of biological diversity,
sustainable use of its components and fair and equal
sharing of the benefits arising out of the use of biological
resources, knowledge and for matters connected .
Citation Act No. 18 of 2003
Enacted by Parliament of India
Date assented to 5 February 2003
Date commenced 1 October 2003 and 1 July
2004
[2]
NATIONAL BIODIVERSITY AUTHORITY AND STATE BIODIVERSITY BOARDS:
The National Biodiversity Authority (NBA)is a statutory autonomous body,
headquartered in Chennai, under the Ministry of Environment and Forests,
Government of India established in 2003 to implement the provisions under the
Act. State Biodiversity Boards (SBB) has been created in 28 States along with
31,574 Biological management committees (for each local body) across India.
FUNCTIONS:
Regulation of acts prohibited under the Act
Advise the Government on conservation of biodiversity
Advise the Government on selection of biological heritage sites
Take appropriate steps to oppose grant of intellectual property rights in foreign
countries, arising from the use of biological resources or associated traditional
knowledge
PENALTIES:
If a person, violates the regulatory provisions he will be "punishable with
imprisonment for a term which may extend to five years, or with fine which may
extend to ten lakh rupees and where the damage caused exceeds ten lakh
rupees such fine may commensurate with the damage caused, or with both.
The Indian Forest Act, 1927
This act was largely based on previous Indian Forest Acts implemented under
the British. The first and most famous was the Indian Forest Act of 1878. Both the
1878 act and the 1927 one sought to consolidate and reserve the areas
having forest cover, or significant wildlife, to regulate movement and transit of
forest produce, and availability on timber and other forest produce.
It also defines the procedure to be followed for declaring an area to be a
Reserved Forest, a Protected Forest or a Village Forest. It defines what is a
forest offence, what are the acts prohibited inside a Reserved Forest, and
penalties on violation of the provisions of the Act.
Indian Forest Act, 1927
An Act to consolidate the law relating to forests, the
transit of forest-produce and the duty leviable on timber
and other forest-produce.
Citation Act No. 16 of 1927
Territorial extent Whole of India except
the State of Jammu and
Kashmir
Enacted by Central Legislative Assembly
Date commenced 21 September 1927
[3]
IT INCLUDES
Reserved Forest:
Reserved Forest is an area mass of land duly notified under the
provisions of India Forest Act or the State Forest Acts having full
degree of protection. In Reserved Forests all activities are prohibited
unless permitted. Reserved Forest is notified under section 20 of the
Indian Forest Act, 1927.
Protected Forest:
Protected Forest an area or mass of land notified under the
provisions of India Forest Act or the State Forest Acts having limited
degree of protection. In Protected Forests all activities are permitted
unless prohibited. Protected Forest is an area or mass of land, which
is a reserved forest, and over which the Government has property
rights, declared to be so by a State Government under the
provisions of the section 29 of the Indian Forest Act, 1927.
Village Forest:
Village Forest is constituted under section 28 of the Indian Forest Act,
1927. The Government may assign to any village community the
rights over a land which may not be a part of a reserved forest for
use of the community. Usually, forested community lands are
constituted into Village Grazing Reserve [VGR]. Parcels of land are so
notified are marked on the settlement revenue maps of the villages
The Water (Prevention and Control of Pollution)Act, 1974
The Water Act was enacted by Parliament Act, 1974 purpose to provide
for the prevention of control of water pollution and the maintaining or
restoring of wholesomeness of water. As on day, it is applicable in all
the states of India.
In this act, unless the context, otherwise requires
(i) Occupier
(ii) Outlet
(iii) Pollution
(iv) Trade effluent
The first important environmental law enacted by Parliament is the
Water (Prevention and Control of Pollution) Act, 1974. As water is a state
subject and as 12 states had passed the enabling resolutions, the
Government of India. It defines pollution such contamination of water
or such alteration of the physical, chemical or biological properties of
water of such discharge of any sewage or trade effluent or of any other
liquid, gaseous or solid substance into water(whether directly or
indirectly)as mayor it is likely to create nuisance or rend such water
harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses, or to the life
and health of animals or of aquatic organisms.
WHAT IS IT FOR???????
An Act to provide for the prevention and control of water
pollution and the maintaining or restoring of wholesomeness of water, for
the establishment, with a view to carrying out the purposes aforesaid, of
Boards for the prevention and control of water pollution, for conferring on
and assigning to such Boards powers and functions relating there to and
for matters connected t with.
[4]
This Act paved the way for the creation of Central Pollution
Control Board (CPCB)and State Pollution Control Boards (SPCBs) . The
main function of the CPCB shall be to promote cleanliness of streams
and wells in different areas of the states. The term stream includes river,
watercourse, inland water, subterranean waters, and sea or tidal
waters.
THE BOARD MAYPERFORM FUNCTIONS SUCH AS:
laydown, modify or annul in consultation with the state government
concerned, the standards for a stream or well;
plan and cause to the executed a nationwide program for the
prevention, control and abatement of water pollution
collect, compile and publish technical and statistical data relating to
water pollution and the measures devised for its effective prevention
and control and prepare manuals, codes or guides relating to
treatment and disposal of sewage and trade effluents and
disseminate information connected therewith.
advise the central government on any matter concerning the
prevention and control of water pollution.
FEATURES OF ACT:
It provides for maintenance and restoration of quality of all types of
surface and ground water.
It provides for the establishment of central and state boards of pollution
control.
It confers them with powers and functions to control pollution.
It has provision for funds, budgets, accounts and audit of the central
and state pollution control boards.
It also makes provision for various penalties for the defaulters and
procedure for the same.
The Air (prevention and control of pollution) Act, 1981
SCOPE & OBJECT OF THE ACT:
The presence in air, beyond certain limits, of various pollutants
discharged through industrial emission and from certain human activities connected with
traffic, heating, use of domestic fuel, refuse incinerations, etc; has a effect on the health
of the people as also on animal life, vegetation and property.
The Central Government legislated the bill to implement the decisions taken
regarding the preservation of the quality of Air and control of air pollution, in Stockholm in
the United Nations Conference on the Human Environment, held in June, 1972.
DEFINITIONS:
air pollutant means 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.
Bodies constituted to enforce the Act:
Central Pollution Control Board constituted under section 3 of the Water
(Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers and
performs the functions for the prevention and control of air pollution.
State Pollution Control Boards constituted under section 4 of the Water
(Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers and
performs the functions for the prevention and control of air pollution.
FUNCTIONS :
Central board-
The main functions of the Central Board is to improve the quality of air and to
prevent, control or abate air pollution in the country .
Advice the Central Government on any matter concerning the improvement
of the quality of air and the prevention, control or abatement of air pollution.
lay down standards for the quality of air
State Board-
Plan a comprehensive program for the prevention, control or abatement of
air pollution and secure the execution .
Collect and disseminate information relating to air pollution.
Advice the State Government with respect to the suitability of any premises
or location for carrying on any industry which is likely to cause air pollution.
To perform such other functions as may be prescribed or as may, from time
to time, be entrusted to it by the Central Board or the State Government.
[5
]
CONCLUTION :
I do expect that now-on-wards the Board and its officers would address to the
provisions of the Act and follow the directions issued by the Central Board to
execute the Act in letter and spirit and in the benefits of the common people
& natures whose health and for providing it in effective manner this Acts has
been legislated by the Parliament of India.
Be the change you want to see .
THANK YOU