Beruflich Dokumente
Kultur Dokumente
AND REMEDIATION
(Project towards partial fulfillment of the Continuous Assessment in Environment
Law)
1. RESEARCH METHODOLOGY 3.
2. INTRODUCTION 4.
5. 14.
PUSHKAR LAKE: A CASE STUDY
6. 16.
LAW AND RESTORATION OF LAKES IN
INDIA
7. 19.
CONCLUSION
8. 20.
BIBLIOGRAPHY
2
RESEARCH METHODOLOGY
SUBJECT: Environment Law
TOPIC: INDIAN LAW ON ECOLOGICAL RESTORATION, RECOVERY AND
REMEDIATION
BROADER AREA: This project aims to look into the concept of ecological restoration
giving a brief insight into the meaning and causes of ecological restoration. It then
looks into the need for ecological restoration in India and the Legal Framework
present in order to carry out the task. The project then looks specifically into the case
of restoration of Pushkar Lake and the overall legal framework present for the
purposes of restoration of Lakes in our Country.
OBJECTIVE/ OUTLOOK: To look into the legal framework towards Ecological
Restoration in India
RESEARCH QUESTIONS:
Q. What is ecological restoration, recovery and remediation?
Q. What are the various methods of Ecological Restoration?
Q. Why is ecological restoration required in India?
Q. What is the legal framework present for ecological restoration and its
effectiveness?
3
I. INTRODUCTION
Restoration ecology is the scientific study and practice of renewing and restoring
degraded, damaged, or destroyed ecosystems and habitats in the environment by
active human intervention and action.1
Remediation-It is the act of remedying. To remedy is: ‘to rectify, to make good’ here
the emphasis is on the process rather than on the endpoint reached.
Ecological restoration is usually carried out for one of the following reasons:3
1
Young, T.P. (2000). "Restoration ecology and conservation biology". Biological
Conservation. 92, 73–83.
2
Shears N.T. (2007) , ‘Biogeography, community structure and biological habitat
types of subtidal reefs on the South Island West Coast, New Zealand. Science for
Conservation’ 281. p 53. Department of Conservation, New Zealand.
3
Foundation for Ecological Security, ‘Ecological Restoration’, Foundation for
Ecological Security Source Book, 2008, Pg. 5
4
system to a sustainable level of productivity, e.g., by reversing or ameliorating
soil erosion or salinization problems in agricultural or rangelands.
The human aspiration to live sustainably on the planet must recognize that the
elimination of many of the planet’s species and habitats is not a sustainable practice.
A necessary first step towards correcting this situation is to achieve a balance between
the rates of damage and the restoration of ecosystems.
5
Ecological Restoration is a multi dimensional activity including various broad range
subjects like genetic variation, corridors between habitat islands, island biogeography
and many others. The rapidly emerging field of restoration ecology is firmly rooted in
science. The implementation of the ecological restoration is the ‘acid test’ of human
society’s relationship with other species and the interdependent web of life that they
collectively represent.
6
II. NEED FOR ECOLOGICAL RESTORATION IN INDIA
Mining activity to exploit natural mineral wealth to provide the supply of raw
materials for development and industrialization has been one of the major factors in
the degradation of land.6 Mining also generates large quantities of waste and
hazardous by-products, which dramatically increase the environmental and ecological
imbalance. On an average the ore-to-waste ratios for iron, manganese, limestone and
quartz are 1:4, 1:25, 1:2 and 1:1 respectively.7
4
MOEF (1989), 1985-1989 Developing India’s Wastelands, New Delhi: National
Wastelands Development Board.
5
R.S. Singh, S.K. Chauliya & B.K. Tewary (1994), Reclamation Techniques for
Fresher Overburden Dumps Constructed by Dragline, Mines Environment and
Mineral Conservation Week, Hyderabad; Indian Bureau of Mines
6
Raju, M.S. (1995), Solid Waste Management in Mines, Souvenir, Mines
Environment and Mineral Conservation Week, Hyderabad; Indian Bureau of Mines
7
Tiwary S.N. (1990), Waste Control in mines, Indian Mining and Engineering
Journal, June 1990, Pg. 16-19
7
Overburden and waste dumps present very rigorous conditions both for plants, fungi
and microbial growth, because of the lack of essential plant nutrients, low organic
matter content, unfavourable pH and either coarse texture or compacted structure.
8
Only the broad outlines of the law can now be discussed here, since the work on
implementing the rules has not been completed to date.
The basic thrust of the Act is to empower the central government to correct
deficiencies of policy-making and enforcement in the States through action not
specifically permitted under earlier laws. New powers were conferred on the central
government to set standards for pollution emitted or discharged into the environment
and also to regulate the handling of hazardous substances.
The Act established environmental laboratories responsible for analysing air and
water samples collected by the enforcement authorities, and substantially strengthened
the government's capacity to penalise polluters. Even though the Act has closed some
of the loopholes in the earlier laws, it is too early to say how effectively the
environmental policies will be implemented through this legislation.8
A meeting of experts convened by the Consumer Education and Research Centre and
the Indian Law Institute on 22-24 August 1986 considered the ways in which the Act
might be effectively implemented.9
The experts expressed apprehension concerning the skeletal nature of the Act, but
welcomed its definition of “environment”.10Although the Act created a radical
modification to the rule of locus standi,some criticisms have been voiced regarding
the provision requiring a 60-day notice period to the authorities since, in effect, it
gives enough time for an offender to escape liability under the Act.
8
Sheila Jasanoff, “Managing India's Environment” (1986) 26 Environment (Oct.) 12.
9
“Environment Protection Act: An Agenda for Implementation”, prepared by
Upendra Baxi under the auspices of the Indian Law Institute. New Delhi. Tripathi.
Bombay.
10
V. S. Chitnis. “The Environment (Protection) Act, 1986: A Critique” in Paras
Diwan (Ed.). Environment Protection (1987), p.155
9
POLLUTION CONTROL LEGISLATION IN INDIA
The Stockholm Conference of 197211 gave impetus for the new development of
environmental law as far as India is concerned. It prompted India to initiate legislation
in line with developed countries to deal specifically with environmental pollution
caused by industries.
The Water (Prevention and Control of Pollution) Act 1974 (“Water Act”)
was India's pioneer legislation to deal with industrial pollution. The Water Act
contains elaborate provisions for the constitution of administrative agencies both at
the national and State level. It empowered the State government to make rules
prescribing conditions and standards to control water pollution.
The control of water pollution was sought to be achieved through a “consent” system
of administration; the Act itself did not initially bring about any changes in the state
of the environment. The Water Act more or less remained dormant, apart from the
creation of a bureaucratic agency. Many inherent defects, apart from various other
reasons, rendered this legislation inefficient and mostly unenforceable.12
The 1980s saw continuous changes in all the branches of the government in achieving
the objectives resolved in the Stockholm Conference Declaration of Principles
Concerning the Human Environment.13 A separate Department of Environment under
the new Ministry of Environment was set up as a focal administrative agency to plan,
promote and co-ordinate environmental programmes.
In 1981 the Air (Prevention and Control of Pollution) Act (“Air Act”) was enacted to
combat air pollution.14This Act was a corresponding enactment to the Water Act
11
UN Conference on the Human Environment in Stockholm. Sweden, Summer 1972.
UN Doc.A/CONF.48/14.
12
C. M. Abraham and Armin Rosencranz, “An Evaluation of Pollution Control
Legislation in India” (1986) 11 Col. J. Env. L. 101.
13
Committee for Recommending Legislative Measures and Administrative Machinery
for Ensuring Environmental Protection, Department of Science and Technology,
Government of India, 150, Sept. 1980.
14
S. Jain and V. Jain, Environmental Laws in India (1984)
10
passed earlier. It also contained elaborate provisions for constituting administrative
bodies and empowering them to make rules for the purpose of controlling air
pollution.15 The Act also empowered the State government to designate air pollution
control areas and the type of fuel to be used in those areas.
Section 21 of the Act provides that no person may operate certain kinds of industries
without the consent of the State Board. In due course the administrative agencies
established under the Air Act merged with the functionaries established under the
Water Act to form the Pollution Control Boards at the central and State levels.
After the establishment of the Department of Environment, these Boards were brought
under it and the responsibilities for implementing both the Air and Water Acts by the
respective Boards continued as before. Although the Water and Air Acts seem to
provide the requisite law to tackle the water and air pollution problems of India, they
were in fact neither readily enforceable nor effectively implemented. Both these Acts
in their administration were found deficient in many areas, such as the consent
administration system, structure of the Boards, setting of standards and in the
procedural hurdles to judicial recourse.16
In the early years the implementation of these laws was impaired, mainly because of
the lack of initiatives by the administration. The Boards could have accomplished the
objectives of the legislation if they had had greater resolve, but that could be brought
about only by more public pressure and through greater environmental awareness.17
15
Ramakrishna Kilaparti, “The Emergence of Environmental Law in the Developing
Countries: A Case Study of India” (1985) 12 Ecology L.O. 922.
16
C. M. Abraham, “For Better Enforcement of Our Pollution Laws” (1984) Cochin
Univ. L. Rev. 221
17
Martin R. Perrow, Handbook of Ecological Restoration, (Vol. 1, Cambridge
University Press, 2002, Cambridge, UK)
11
NATIONAL FOREST POLICY (NFP), 1988
The basic objectives of the NFP, 1988, amongst other things emphasize on the
following:
12
WILDLIFE CONSERVATION STRATEGY 2002
The National Wildlife Action Plan (NWAP) 2002 – 2016 was released by the Prime
Minister during the XXI meeting of the Indian Board for Wildlife (IBWL) held on
January 21,2002. At the above stated meeting the IBWL adopted the “Wildlife
Conservation Strategy 2002”.Amongst the seventeen points articulated there are the
following:
• No diversion of forest land for non-forest purposes from critical and ecologically
fragile wildlife habitat shall be allowed.
• Lands falling within 10 km. of the boundaries of National Parks and Sanctuaries
should be notified as ecofragile zones under section 3(v) of the Environment
(Protection) Act and Rule 5 Sub-rule 5(viii) & (x) of the Environment (Protection)
Rules.
13
IV. PUSHKAR LAKE: A CASE STUDY
Lakes and reservoirs in arid and semi arid regions serve as important water resource
for inhabitants of the area. The interaction with man with water bodies during the last
few decades has been of concern largely due to the rapid population growth which
resulted in degradation of water bodies by domestic, industrial sewage, agricultural
run-off containing fertilizers and pesticides
These changes in physicochemical environment have direct impact on the biotic
component of the water body. The ecological parameters of such water bodies may
provide clues for understanding the key relations which are relevant for restoration
strategies.
Restoration requires reconstruction of antecedent physical conditions, chemical
adjustment of soil and water; and biological manipulation. Conservation measures of
inland water bodies in India have been described. Besides other restoration practices
based on ecological principles, public participation is important for fast recovery of
degraded ecosystems.
14
Figure 2. Restoration elements for Lake Budha Pushkar
Table 5. Causes of degradation and possible restoration practices for Lake Budha Pushkar
1. Stabilization of sand dunes through 4. Public participation has been successful in de-
revegetation reduces soil erosion to a greater silting of the lake. Awareness campaign may
extent. The plant species like Crotolaria be organized periodically. Recent efforts of
burhia, Leptadenia pyrotechnica, Borreria creating water conservation awareness
stricta, Lepidagathis trinervis, Cenchrus
RECOMMENDATIONS FOR THE REVIVAL OF THE LAKEcampaign named ‘Jal Chetna’ has been
setigerus, C. ciliaris are well adapted to the successful.
area and may be used for revegetation.
2. Stabilization
By developing aoftree belt dunes
sand of species ‘Jal Chetna’ Campaign
like revegetation
through reduces soil erosion to a
Ailenthus excelsa, Acasia Senegal, Prosopis
greaterextent. The plant species like Crotolariaburhia, Leptadenia
cineraria etc. may check shifting of sand and In 2006, restoration of lake Budha Pushkar was
pyrotechnica,
reduces water lossBorreria stricta,theLepidagathis
through reducing rate trinervis,
initiated CenchrusRaje,
by Smt Vasundhra setigerus, C.
Chief Minister of
of evapotranspiration.
ciliaris are well adapted to the area and may Rajasthan.
be usedShe for
has revegetation.
shown her keen18interest in follow
3. The organic rich sediment has high N and P up programmes. The restoration effort named ‘Jal
By developing
nutrients and may be a tree beltas of
utilized species
fertilizer in likeChetna’
Ailenthusmainlyexcelsa, AcasiaonSenegal,
concentrated de-silting and
agricultural cineraria
Prosopis fields. The etc.
practice
mayshould
check be shifting
excavation of the and
of sand lake toreduces
increase its capacity
water for water
loss
repeated periodically till the lake resumes its retention. It created awareness for conservation of
through reducing the rate of evapotranspiration.19
ecological integrity. water and about the sanctity of the water body. About
The organic rich sediment has high N and 2.60Pmillion cubicand
nutrients feet may
of sediment was dredged
be utilized as out
18
Chouhan, C. S. and K. C. Sharma. (2007). ‘ Limno-biotic status of Lake Budha
1762
Pushkar near Ajmer, Rajasthan’, National Symposium by DAE-BRNS, Udaipur.
19
Sondergaard, M. and K.S. Jenson. (1979), ‘Physico-chemical environment,
phytoplankton biomass and production in oligotrophic, soft water lake Kalgaard,
Denmark’, Hydrobiologia 63.
15
fertilizer in agricultural fields. The practice should be repeated periodically till
the lake resumes its ecological integrity.20
Public participation has been successful in de- silting of the lake. Awareness
campaign may be organized periodically. Recent efforts of creating water
conservation awareness campaign named ‘Jal Chetna’ has been successful.
CONSTITUTIONAL PROVISIONS
India has a plethora of Policies, Acts, Rules and Laws in the Water Resources,
Environment, Forest, Agriculture, Fisheries and Social sectors, directly or indirectly
related to lake management. The Indian Constitution provides, in clear and
unambiguous terms, for the State's commitment to protect the environment. Article
48-A of the directive principles states, "The State shall endeavor to protect and
improve environment and to safeguard the forests and wild life of the country". Under
Article 51-A (g), it is the fundamental duty of every citizen of India "to protect and
improve the natural environment, including forests, lakes, rivers and wild life, and to
have compassion for living creatures”. The Constitution empowers Panchayats and
Urban local bodies with functions and responsibilities, as relevant to Lakes
Environment:
20
Sharma K.C. and Renu Sharma. (1992). Algal Diversity in the littoral zones of a
polluted shallow lake at Ajmer, Rajasthan. Int. J. of Eco. and Env. Sci.18:139- 146
16
Various High Courts have made it clear that "The State as the trustee of all natural
resources meant for public use, including lakes and ponds, is under a legal duty to
protect them." The problem is in making the governments act accordingly.
LAKES
A major development in stopping the continuing degradation of lakes has been the
involvement of the Judiciary (some times at the highest level, the Supreme Court).
The Indian law courts have been extremely proactive on the issue of environmental
protection. Groups of affected people and public spirited citizens have been filing
Public Interest Litigations (PIL) in courts across the country seeking ‘mandamus’ for
remedial actions, specifically in respect of highly polluted urban lakes and water
17
bodies. The ‘mandamus’ is sought, interestingly, under the current constitutional
provisions and legislations.
The Supreme Court, in a PIL in the case of Badal Khol and Surajkund lakes in
Haryana state, near Delhi, held that " Precautionary Principle" has been accepted as
part of the law of the land. The court observed that the "Precautionary Principle"
makes it mandatory for the state government to anticipate, prevent and attack the
causes of environment degradation. In order to protect the two lakes from
environmental degradation and pollution it limited the construction activity in close
vicinity of the lakes. The Court further directed that no construction of any type shall
be permitted within four km radius of the lakes and that all open area shall be
converted into green belts.
18
Plan by including the rural lakes in the programme, with corresponding increase in
plan outlay.
VI. CONCLUSION
Whether a restoration can be deemed to have been achieved is a matter of arbitrary
decision, as the end point of any ecosystem is not a fixed entity. Nevertheless the
level of achievement in restoration is something we should be concerned about.
Restoration is not only a problem solving matter but also a tool for ecological
research. It is not difficult to take a piece of machinery to pieces without
understanding it properly. But putting it together again and maing it work is a test of
our real understanding.
19
In India, the environmental management of industrial development projects, including
the mining sector, appears to have only recently become standard practice in the
region. The regulation is achieved through various acts, such as the Environment
Protection Act, 1986, the Forest Conservation Act, 1980, The Mines and
Minerals( Regulation & Development) Act, 1957 as well as various other provisions
made by the government from time to time.
None of these regulations specifically point towards ecological restoration but never
the less have an inherent intent of reviving our ecological systems. In the early years
the implementation of these laws was impaired, mainly because of the lack of
initiatives by the administration. The Boards could have accomplished the objectives
of the legislation if they had had greater resolve.
Only public pressure and greater environmental awareness can bring about the actual
implementation and the achievement of the underlined objectives of these legislations
and policies.
BIBLIOGRAPHY
Articles
Young, T.P. (2000). "Restoration ecology and conservation biology".
Biological Conservation. 92, 73–83.
Shears N.T. (2007) , ‘Biogeography, community structure and biological
habitat types of subtidal reefs on the South Island West Coast, New
Zealand. Science for Conservation’ 281. p 53. Department of Conservation,
New Zealand.
Foundation for Ecological Security, ‘Ecological Restoration’, Foundation for
Ecological Security Source Book, 2008, Pg. 5
MOEF (1989), 1985-1989 Developing India’s Wastelands, New Delhi:
National Wastelands Development Board.
20
R.S. Singh, S.K. Chauliya & B.K. Tewary (1994), Reclamation Techniques
for Fresher Overburden Dumps Constructed by Dragline, Mines Environment
and Mineral Conservation Week, Hyderabad; Indian Bureau of Mines
Raju, M.S. (1995), Solid Waste Management in Mines, Souvenir, Mines
Environment and Mineral Conservation Week, Hyderabad; Indian Bureau of
Mines
Tiwary S.N. (1990), Waste Control in mines, Indian Mining and Engineering
Journal, June 1990, Pg. 16-19
Sheila Jasanoff, “Managing India's Environment” (1986) 26 Environment
(Oct.) 12.
“Environment Protection Act: An Agenda for Implementation”, prepared by
Upendra Baxi under the auspices of the Indian Law Institute. New Delhi.
Tripathi. Bombay.
V. S. Chitnis. “The Environment (Protection) Act, 1986: A Critique” in Paras
Diwan (Ed.). Environment Protection (1987), p.155
UN Conference on the Human Environment in Stockholm. Sweden, Summer
1972. UN Doc.A/CONF.48/14.
C. M. Abraham and Armin Rosencranz, “An Evaluation of Pollution Control
Legislation in India” (1986) 11 Col. J. Env. L. 101.
Committee for Recommending Legislative Measures and Administrative
Machinery for Ensuring Environmental Protection, Department of Science
and Technology, Government of India, 150, Sept. 1980.
S. Jain and V. Jain, Environmental Laws in India (1984)
Ramakrishna Kilaparti, “The Emergence of Environmental Law in the
Developing Countries: A Case Study of India” (1985) 12 Ecology L.O. 922.
C. M. Abraham, “For Better Enforcement of Our Pollution Laws” (1984)
Cochin Univ. L. Rev. 221
Chouhan, C. S. and K. C. Sharma. (2007). ‘ Limno-biotic status of Lake
Budha Pushkar near Ajmer, Rajasthan’, National Symposium by DAE-BRNS,
Udaipur.
Sondergaard, M. and K.S. Jenson. (1979), ‘Physico-chemical environment,
phytoplankton biomass and production in oligotrophic, soft water lake
Kalgaard, Denmark’, Hydrobiologia 63.
21
Sharma K.C. and Renu Sharma. (1992). Algal Diversity in the littoral zones of
a polluted shallow lake at Ajmer, Rajasthan. Int. J. of Eco. and Env.
Sci.18:139- 146
BOOKS
Martin R. Perrow, Handbook of Ecological Restoration, (Vol. 1, Cambridge
University Press, 2002, Cambridge, UK)
22