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POWER FOR ALL: CHALLENGES, PROSPECTS AND SUSTAINABLE


DEVELOPMENT

Submitted to:

Submitted by:

Dr. Jisu Ketan Pattanaik and

ADITI PANDEY

Dr. Debasis Poddar

Semester IX-A

Seminar paper

Roll No.- 153

NUSRL, Ranchi

NATIONAL UNIVERSITY OF STUDY AND RESEARCH


IN LAW, RANCHI
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1. INTRODUCTION
Human rights are quest of every civilization. Civilizations have progressed along with the
advancement of human rights. Human rights have not only benefited human race but also got
enriched and enlarged. The constituent of human rights is debated and discussed in every
civilization. Consequently, human rights are compartmentalized in different groups depending
upon the obligation of the state. The two broad categories of rights are Civil and Political Rights
and Social and Economic Rights which are also known as negative rights and positive rights
respectively. Negative rights require non-interventionists role of the state whereas positive rights
require active engagement of the state. However, this difference has been negated with the
uniform tripartite obligations of the state for both the group of rights. The debate of
categorization has unfolded an argument of ever-growing nature of rights. The distinction has
acted as catalyst in the enrichment of the content of human rights founded upon the aspiration of
dignified and decent life. Expansion of content has not only enriched the dictionary of rights but
also benefited mankind by guaranteeing all that constitutes decent life. The paper attempts to
locate right to energy on the landscape of human rights. Human rights are ever-growing
phenomenon wherein the contents are evolved keeping the need of the society and individuals in
mind. The organization of the paper is based on the following platform. The paper starts with the
idea of human rights and analyses evolution of human rights. Further, it highlights the expansion
of human rights discourse by identifying addition of new rights in the vocabulary of rights. With
growth of human civilization, the discourse of human rights is also graduating and energy is
emerging as an indispensable tool for attainment of respectable life. Next section signifies that
the access to energy is essential to realize different rights and therefore it rightly constitutes as
an element of human rights. In conclusion, the paper presents the importance of right to energy
in human rights discourse.
Further after analysis of the Fundamental Right to access to energy, paper is divided further with
the topics like (1)Energy sectors: the challenges of power for all (2)India's energy challenges and
sustainable development (3)Rural electrification: a development challenge (4) Shale gas in India:

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challenges and prospects. (5)Millennium Development Goals of UN (6) Important Measures and
laws to deal with Climate change at global level (7) Impact of Climate change on Environment

2. LITERATURE REVIEW:
1. SaiRam Bhatt, Energy law and policy in India (2015) is the second edition in NLSIU
Book Series, the first being Contracts, Agreement and Public Policy in India. In this
book attempts has been made to address the need for comprehensive literature on the
energy sector in India, and deals with the various legal and policy challenges posed by
this sector. It covers critical aspects of renewable an non-renewable sources of energy,
energy security, and the interface between energy, environment and trade.
2. Patricia Birnie, Alan Boyle & Catherine Redgewell- International law and environment
(Third Edition) (2013) focuses on development of modern international environment law,
starting essentially in 1960s has been one of the most remarkable exercise in
international law making comparable to law human rights and international trade law in
scale and form it has taken. Since the Rio conference 1992, the subject as a whole has
come of age. The book remains corpus to general introduction environment law,
including the law making and regulatory process, approaches from the perspective of
general spectators rather than specialist environmental lawyers.
3. Edited by Navroz k. Dubash, Handbook of Climate Changes in India Development,
political and Governance, (Oxford publication) (2015 ) is valuable contributor to both
domestic and international aspects of the Indian experience with climate changes and
development.
3. STATEMENT OF PROBLEM
India will soon witness a new government in control. Among the multitude of burning
issues, the new government will have to face the challenge of a growing energy crisis. It
will require extraordinary effort, innovative vision and viable solutions to tackle the
increasing demand for energy, while maintaining an eco-friendly approach. Energy
commodities comprise gas, oil, coal, renewable energy and electricity.
Currently, high levels of consumption with respect to energy-related commodities are
paralysing operations in the country because of non-performing policy initiatives. The

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demand-supply imbalance is evident across all commodities, requiring serious efforts by


the new government to augment energy supplies to avoid a severe energy supply crunch.
The Planning Commission indicates that by 2016-17, the country will manage an
approximate 6.7 million tonnes of oil and by 2021-22, this will rise to 850 million tonnes.
However, this will meet only 70 per cent of the expected demand; the remaining 30 per
cent will have to be sourced through imports.
Even though India possesses a rich heterogeneous mix of energy components, deterring
policies have created a difficult environment for potential investors.
Demand for coal Coal will continue its dominant position in Indias energy mix for many
years to come. Today, 54 per cent of the total electricity generation capacity is coal-based,
and more than 70 per cent of energy generated is from coal-based power plants. As per
the 11th Five Year Plan (2007-12), 67 per cent of the planned capacity added is also coalbased. While domestic production is set to touch 795 MT in 2016-17, the projected
demand for coal will be 980 MT during the same period.
Coal reserves in India, presently mined by Coal India Limited and its subsidiaries, are
around 293.5 billion tonnes, with a few blocks being given to private parties for
production of electricity and captive use. From 2012, the country has seen a paradigm
shift in coal policy, with the Comptroller and Auditor General stating that there was a
national loss of Rs.1,76,000 crore. This resulted in the Ministry of Coal removing coal
blocks, but it is obvious that the new government will have to collate a clean coal policy
with respect to exploration, mining and use.
Another important concern is the reduction in dependability on imported coal. Last
year for instance, we imported 100 million tonnes from Indonesia. In addition, the next
government must give serious thought to pricing, regulation and resolving disputes for
domestic coal, in a manner favourable to both coal blocks and users.
The KG-D6 basin experience has not gone down well with the majority of the people,
which is one of the reasons why we need a complete overhaul of the situation. The main
issues of tariff are being debated. The country has vast reserves of gas and the new
government should now explore attractive opportunities to lure foreign investors for
gas exploration. The government can fix contracts based on the O&M or Public-Private
Partnership model, which would ensure that operators dont pocket extra profits or face
undue losses. Natural gas resources in India were an estimated 1330.26 billion cubic
meters (as of March 31, 2012). There has been a steady increase in the availability of
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natural gas, mostly due to indigenous discoveries of more reserves. Opportunities


regarding exploration of gas must be formulated to maximise foreign investment in a big
way.
The New Exploration Licensing Policy requires revision to derive maximum benefits
from gas acquisition and create more employment opportunities.
Further export of gas would set off expenses of equivalent imports. We cant afford
mindless imports of coal, oil, gas as we are doing today, while compromising our national
energy security.
We could provide a right of first refusal to state-owned companies if they undertook timebound responsibilities to do the job. We cant avoid private sector participation given that
we could not even explore 40 per cent of our probable gas reserves in last seven decades.
Exploration is also capital-intensive and a risk-fraught business, which requires expertise.
With lack of good resources, crude oil has to be imported. However, the government
needs to address the issue of pricing of petroleum products drawn from crude oil, which
fluctuates every fortnight. Instead of fortnightly revision, we can have annual pricing
based on the previous years import parity. Current estimates of crude oil reserves in
India stood at 759.59 million tonnes, with maximum reserves in the western offshore. In
March 2012, the crude oil refining capacity of the country was 198 million tonnes per
annum.
Investing in electricity Electricity has become the lifeline of the country, with per
capita consumption touching 1000 KW, but we are still lagging behind China and
other developing countries. The total installed capacity for electricity generation was
2,66,387 MW in March 2013, but distributing electricity at the retail level at affordable
and reasonable prices is still a nightmare. Secondly, the regulatory framework for the
electricity business needs strengthening. Loss in distribution is a worrisome factor and
sadly efforts being taken to bring down losses are not encouraging. The new government
must invest in this field, which may involve rationalising tariff and incentivising
reduction of losses.
Renewable energy generation has a potential of 89,774 MW, with Gujarat having the
highest potential. Unfortunately, the country does not have any existing Renewable
Energy Law. Renewable energy comprises 60 per cent of electricity and 40 per cent of
other sectors. Climate change is a global issue, warranting the new government to
implement a Renewable Energy Law, that would make it mandatory for all conventional
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energy users to use a certain percentage of renewable energy. This process has started in
electricity, but needs strict implementation across all segments.
Merely levying a carbon tax on imported coal will not yield sufficient results.
Renewable energy comprises solar, wind and biomass. Wind power accounted for the
highest capacity of total installed renewable power at 69.65 per cent, with small
hydropower coming second at 13.64 per cent and biomass power at 12.58 per cent
4. OBJECTIVES OF STUDY:The objectives of study are:
1. To identify and understand energy sector. Its shortage reason specifically Indian rural areas.
2. To find out that Indias energy crisis with regard to sustainable development
3. To find out find out unequal distribution of energy in rural and urban areas of India: reasons
4.
5.
6.
7.

and sollutions
To understand Shale gas in India: challenges and prospects
To understand Millennium Development Goals of UN
To find out Important Measures and laws to deal with Climate change at global level
To understand Impact of Climate change on Environment.

5. RESEARCH METHODOLOGY:The researcher will strive to go use only the secondary sources available on the subject as far as
possible and analyze the trends in the subject over a long period of time before coming to a
conclusion on any issue. An empirical study for this project is not possible given the
constraints of the academic calendar. Hence, the doctrinal methodology of research will be
employed.
METHODOLOGY TO BE ADOPTED: A deductive approach will be followed in the project wherein
the research has been conducted by taking certain generalized notions into account and drawing
specific inferences in the light of the fact situations.
MODE

OF CITATION:

A uniform mode of citation shall be adopted and followed consistently

throughout this project. The style of footnoting shall be as per the citation followed at
NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI.

6.
a)
b)
c)

PROPOSED CHAPTERIZATION:Introduction
Review of literature
Research methodology
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d) Chapteraizations (tentative )
e) Recommendations and suggestion
f) Conclusion
7. REFERENCES:1. "All India Installed Capacity of Utility Power Stations" (PDF). Retrieved 9
2.
3.
4.
5.
6.

September 2016.
"Vidyut Pravah". Retrieved 1st October 2016.
"All India power generation data, CEA report"(PDF). Retrieved 9 September 2016.
"Survey of Energy Resources"(PDF). World Energy Council. 2007. pp. 575576
SaiRam Bhatt, Energy law and policy in India (2015), NLSIU BOOK SERIES-2
Patricia Birnie, Alan Boyle & Catherine Redgewell- International law and

environment (Third Edition) (2013)


7. Edited by Navroz k. Dubash, Handbook of Climate Changes in India Development,
political and Governance, (Oxford publication) (2015 )

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