Professional Documents
Culture Documents
iCED
Structure
• Definitions
• Historical perspective
• Key laws
• Adequacy of the Framework
Definitions
• Environment: The air we breathe, the water we drink, the land we live on, all
life forms
• Environmental protection: Maintaining or restoring natural environment
Key questions
• Why should environment be protected?
• Does it need protection?
• Are we capable of protecting it?
TSR Report 2014
• “Purity of air, land and water has been inherited (by us) in mortgage for
children of tomorrow; it is implicit.. for each generation to leave the
environment in a better state than they found it”
• “We do not inherit the earth from our ancestors; we borrow it from our
children”
More definitions:
• Institutional Framework: building blocks:
• Commitment: statement of purpose
• Strategy
• Laws that provide:
• Institutions
• Powers to these institutions
• Funds, skilled & adequate staff
Historical Perspective
Evolution of Environment Laws
Pre-british history
• Big concern: natural disasters
• Control of watersheds for irrigation; harvesting: eg: Jaigarh Fort
• Grazing lands/ forests belonged to people
• Community-based decision on use of natural resources
British colonialism
• Forests for timber. Agriculture for cotton, opium, indigo
• Imperial forest deptt in 1864
• Indian Forest Act, 1865 Forest became govt property & needed to be
protected from those who lived off it
• Concept of wastelands: non-revenue generating grasslands, grazing lands
with ecological potential
Independent India
• Land acquired (50 million acres) for industries/ state projects
• New Acts: Factories Act: for safety & environment issues incidental
• River Acts: Orissa/W. Bengal
Constitution: Art 246
• Entry 17/ List II/ Schedule VII: State List:“Water, that is to say, water
supplies, irrigation and canals, drainage and embankments, water storage and
water power subject to the provisions of Entry 56 of List I”
• Entry 56: List I: Union List: “Regulation and Development of inter-state
rivers… under control of the Union”
• Ground water: State subject but since it flows through defined channels
cutting across state boundaries, so Central purview
• 73rs/74th amendments: functional responsibility of ULBs/ PRI
• Multiplicity of agencies: eg: AP: gd water/rural water/irrigation/APSIDC/
Revenue Deptt (for registration of existing gd water str)
Other constitutional provisions
• Govt is the biggest violator: then how can it force industries to compliance?
• Municipal solid waste generated: 1.2 lakh tonnes per day, of which:
• Only 50% collected; only 5% treated
• Only 1/3rd of 35,000 million litre per day of municipal waste water treated
• Govt hospitals with no facilities for BMW
• Railways is one of the biggest polluters: audit report
Effectiveness…. Crippled boards.. SPCB, UP
• Shortage of 40% in technical cadres
• 97% shortage at the level of lab assistants
• Junior Engineers: 39/69 posts vacant
• Result:
• Of 4476 industrial units, SPCB data covers only 234 units
• 42% of drinking water contaminated but SPCB testing restricted to chlorination tests of municipal water;
tubewells in 4 industrial areas
• Corruption: construction work `2382 crore by builders allowed without environmental clearance
• Other issue: conflict of interest: consent fees large chunk of revenue of SPCB; all resources used
for grant of consent & not monitoring of consent
Effectiveness… balance
• Balance of environment & development
• Also of equity:
• Inter-generational equity
• Balance between interests of powerful & the disadvantaged
• Poor most affected: displacement due to projects or poor water/land
• 40 million face being pushed to poverty because of one illness alone: 72% out-of-pocket
• Groundwater: costly submersible pumps: leave little water for poor farmers in critical areas
Accessibility of laws
• Affected parties: can go to Court but need to give 60 days notice to the Board;
Board files case in Metropolitan Magistrate’s Court… chugging
• Courts are also not consistent
• Laws don’t have alternate grievance redressal mechanism: because Courts not the
best option
• But with Executive vacuum, Courts have become the only option
• Environment Courts: idea since 1996; NGT in 2010 but only in 5 cities
• Absence of data: averages (water); not easily available; Metro-centric (for air)
Conclusions
• It is not the law alone. The problem is commitment
• For Auditors:
• Important to integrate into every audit that has envir implications (eg: MNREGA)
• Environment audit not a separate audit but part of a regular audit
• Criteria are the rules or international conventions
• Lack of data is a problem
• Inclusion can substantially alter our conclusions: eg: allocation of mines
Exercise
• Can we list audits that can integrate environment into them?