CORPORATE SOCIAL RESPONSIBILITY (CSR)

National Environmental Policy

OBJECTIVE
Various Environmental Laws New Environmental Laws Environmental Policy in Modern India National Environment Policy, 2006 Pollution Prevention & Waste Minimization Rules Comparison of Sectoral Green House Gas (GHG) Regulations Gaps in the Regulatory Framework for GHG Emissions Important Judgments of Higher Courts Concerning Abatement of Air Pollution Recommendations

Various Environmental Laws

Indias environmental laws span more than a century
1853 1860 1879 1882 1897 1897 1905 1912 1912 1927 1974 1981 1986 1991 Shore Nuisance (Bombay and Kolaba) Act The Indian Penal Code The Elephants Preservation Act The Indian Easements Act The Fisheries Act The Factories Act The Bengal Smoke Nuisance Act The Bombay Smoke Nuisance Act Wild Birds and Animals Protection Act Forest Act, amended 1980 Water Act Air Act Environment Protection Act Coastal Regulation Zones

New Laws
Moving from General to Specifics
This has been made possible Environment Protection Act
1989 Hazardous Waste Rules 1998 Biomedical Waste Rules 1999 Rules for Recycled Plastics, Fly Ash Notification 2000 Municipal Solid Waste Rules 2000 Battery Mgt & Handling Rules

under

the

1986

Environmental Policy in Modern India

National Council for Environmental Policy and Planning was set up in 1972 which was later evolved into Ministry of Environment and Forests (MoEF) in 1985.

MoEF?

R&A Core?

MoEF and the pollution control boards (CPCB i.e. Central Pollution Control Board and SPCBs i.e. State Pollution Control Boards) together form the Regulatory and Administrative Core of the sector.

Environmental Policy in Modern India

The Policy Statement for Abatement of Pollution and the National Conservation Strategy and on Environment & Development were brought out by the MoEF in 1992.

Policy Statement

EAP

The EAP (Environmental Action Programme) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations into development programmes.

National Environment Policy 2006

National Environment Policy, 2006

NEP 2006? It the first initiative in strategy-formulation for environmental protection in a comprehensive manner. It undertakes a diagnosis of the causative factors of land degradation with a view to flagging the remedial measures required in this direction. It recognizes that the relevant fiscal, tariffs and sectoral policies need to take explicit account of their unintentional impacts on land degradation. Adoption of both, science-based and traditional land-use practices Pilot-scale demonstrations. Adoption of Multi-stakeholder partnerships, Promotion of agro-forestry, Organic farming, Environmentally sustainable cropping patterns Adoption of efficient irrigation techniques.

NEP: Solution Offered?

National Environment Policy

Constitutional Framework
Article 21 - Fundamental Rights Article 48A - Directive Principles of State Policy Article 51A(g) - Fundamental Duties

Legislative Framework

Water (Prevention and Control of Pollution) Act, 1974 Water (Prevention and Control of Pollution) Cess Act, 1977 Air (Prevention and Control of Pollution) Act, 1981 Atomic Energy Act of 1982 Motor Vehicles Act ,1988 The Wildlife (Protection) Act, 1972 The Forest (Conservation) Act, 1980 Environment (Protection) Act, 1986 (EPA) The National Environment Appellate Authority Act, 1997 Public Liability Insurance Act (PLIA), 1991 National Environment Tribunal Act, 1995

Environment Impact Assessment (EIA)

Environment Impact Assessment (EIA)

Statutory Model

Makes the assessment of impact compulsory under an enacted law, or a delegated legislation An administration exercises its discretion to find out whether an impact study is necessary.

Administrative model

Till 1992, India was following the administrative model of EIA.

On 27th January, 1994 a notification was issued dealing with mandatory EIA. The notification requires project proponent to submit an EIA report, and environment management plan, details of the public hearing and a project report to the impact assessment agency for clearance, further review by a committee of experts in certain cases. By the amendment in the year 1997, public hearing was made compulsory before impact assessment was finalized.

Causes of Environmental Degradation in India

Social Factors? Population Poverty Urbanization

Economic Factors?

Non-existent or poorly functioning markets for environmental goods and services Market distortions created by price controls and subsidies Manufacturing technology adopted by most of the industries which generally, based on intensive resource & energy use. Expansion of chemical based industry Growing transport activities Expansion of port and harbour activities.
Lack of awareness and infrastructure makes implementation of most of the laws relating to environment, extremely difficult and ineffective. Low Priority at States and at Local Level Inadequate enforcement and compliance Inadequate institutional capacity & Finance Shortcomings in implementation of Plans

Institutional Factors?

Rules, Regulations, Various Norms & Gaps

Pollution Prevention & Waste Minimization Rules .will be next

A major weakness of the Environment Protection Act is its lack of teeth
So new directions may arise either as judgments :

CNG for Delhi vehicles. OR State or City Rules : Plastic carry-bags banned in many states.

Economic Instruments as the next phase

Karnatakas Green Tax on 15-year-old vehicles is the

first of such moves. Take-back of PET bottles and beer cans.

Comparison of Sectoral GHG Regulations

Sectors
Transport Sector

Policies Framework
National Urban Transport Policy, 2006.

Legislative Framework
Motor Vehicles Act, 1988, PUC Norms Energy Conservation Act, 2001 Electricity Act, 2003

Measures
Inspection of vehicles, Euro I and II Emission Norms, 1999 Action Plan for Energy Efficiency

Institutional Framework
Ministry of Urban Development Ministry of Power, Bureau of Energy Efficiency (BEE)

Power

National Electricity Policy, 2005,

Energy

Energy policies driven by the imperatives of sustainable development, Integrated Energy Policy, National Hydrogen Energy Road Map, 2006

Energy Conservation Act, 2001

Mandatory energy audit in nine industrial sectors.

Ministry of New and Renewable Energy, National Hydrogen Energy Board

Iron and Steel

National Steel Policy, 2005

Environmental and forest clearances, environmental audit Energy Conservation Building Code (ECBC), 2006 Environmental Impact Assessment (EIA) requirements for large buildings.

CPCB, SPCB

Commercial buildings

Mission on Sustainable Habitat in the National Action Plan

Bureau of Energy Efficiency (BEE)

Gaps in the Regulatory Framework for GHG Emissions

Framework
General Legal Framework

Present Status
EPA, Air Act etc.

Gaps
Scattered laws and regulations

Needed Improvements
Comprehensive and coherent legislation

National Environment Policy

Sources of the GHG emissions in Emphasizes on the need for various sectors are not given due adaptation to climate change, and the consideration. It completely scope for incorporating these in ignores the need to reduce GHG relevant programs with over-riding emissions from its various sources priority of the right to development. scattered all over the various Inclusion of environmental sectors of the Indian economy on considerations in sectoral policy the presumption that India's making. It emphasizes the need to policies for sustainable institutionalize mechanism in order to development results in a operationalize environmental relatively GHGs benign growth concerns at all levels of government path. CPCB, SPCB, MoEF

Comprehensive environment policy on the need to reduce GHG emissions from its various sources scattered all over the various sectors of the Indian economy

Institutional framework
Dispute Settlement Sectoral regulations

Specific GHG supervisory and regulatory body

Slow and not very efficient Does not cover all sources of GHG emissions across various sectors

GHG supervisory and regulatory body

GHG supervisory and regulatory body with powers to decide disputes Sector specific climate regulations integrated with overall regulations

CPCB, SPCB, courts

Some industry specific regulations

Important Judgments

Important Judgments of Higher Courts Concerning Abatement of Air Pollution

Case Issue Court Decision/ Direction

M.C. Mehta vs. Union of India Air pollution in Delhi caused Directed all commercial vehicles (CNG Case), AIR 2001 SC by vehicular emissions violates operating in Delhi to switch to CNG 1948. right to life under Art. 21 fuel mode. Union Carbide The Union Carbide Corporation was Corporation Damages were sought on behalf asked to pay a sum of U.S. Dollars 470 vs. of victims of Bhopal gas leak million in full settlement of all claims, Union of India disaster. rights and liabilities related to and (Bhopal I), arising out of the Bhopal gas disaster. AIR 1990 SC 273 M.C. Mehta and others Permitted to re-start the plant subject to vs. Closure of a chlorine plant weekly inspection, periodic health Shriram Food And Fertilizer following the leakage of oleum checks for the workers, recommended Industries And Union of India gas. the setting up of an Environmental (Oleum Gas Leak Case) Court. AIR 1987 SC 965
Chandigarh Administration & Others Vs. Namit Kumar and ors. , CWP No. 7639/1995 Absence of proper control of traffic and air pollution resulting into accidents Direction to issue authorization stickers to be displayed on the windscreens of the vehicles of the dignitaries permitted to use red lights.

WATER
Water-sharing cases are decades old.
Judgments continue to cover Ganga Action Plan, Yamuna Pollution, drinking-water for villages beside Bhima River ! National River Conservation Authority & National Water Policy wont succeed till we rethink centralized sewage treatment. Alwar villagers revive a dead river, but officials tried to destroy their check-dam Ground-water withdrawal rules flouted

AIR
MC Mehtas 1985 case for unleaded petrol won relief only in 2001, only because private sector Reliance offered it. Still 2 out of 7 IOC refineries produce leaded fuel which finds its way to cities. Public vigilance is the answer. Noise pollution judgments have begun: fire-crackers only during limited hours, loud-speaker rules for Calcutta, etc.

THE US EPA HAS TEETH

National Capital Territory of Delhis Bhure Lal Committee is the first in India to enjoy similar powers.

Recommendations

Environmental Issues in Business Hitting Mainstream

RECOMMENDATIONS
Major emphasis on polluter pay principle Public-private partnership in waste management Reform of regulatory system Reform of institutional system Emphasis on water conservation Maintenance of minimum water level in water bodies to sustain ecosystem and assimilative capacity Economic Instrument for Pollution Control Institutional Arrangement with Information System Monitoring, Promoting Compliance with, and Evaluating the Enforcement of Environmental Law with Climate co-benefits Regulatory and Market-Based Mechanisms to Encourage Private Investment in Renewable and Clean Technologies Controlling Non-Carbon Dioxide Greenhouse Gas Emissions

REFERENCES
http://agricoop.nic.in/ http://chemicals.nic.in/ http://www.coal.nic.in/ http://commerce.nic.in/ http://www.mit.gov.in/ http://fcamin.nic.in/ http://www.indiaculture.nic.in/ http://mdoner.gov.in/ http://dod.nic.in/ http://moef.nic.in/ http://mofpi.nic.in/ http://mohfw.nic.in/ http://dhi.nic.in/ http://www.mha.nic.in/