1. ENVIRONMENTAL MANAGEMENT
CENTER FOR CONTINUTING EDUCATION,
INDIAN INSTITUTE OF SCIENCE,
BANGALORE.
by
MAYURESH SURESH AMRALE
29/09/2016
based on online chat session co-ordinated by
Mr. Aditya and Dr. (Mrs.) Selvi
on 22nd-23rd Sept., 2016
2. Assignments based on discussion Page 2
KEY POLICIES RELATING TO THE ENVIRONMENT IN INDIA & ROLE OF JUDICIARY IN
IMPARTING ENVIRONMENTAL JUSTICE
Environmental Policy:
Environmental Policy is a course of action, principle adopted or proposed by a
government, party, business or individual for addressing Environmental issues like air, water
pollution, solid waste management, ecosystem/biodiversity management, wildlife protection
and other mechanisms which oversee impact on biophysical environment due to human
activities.
Following Environmental Ethics, the policy also takes into consideration the social
aspects like quality & health of life as well as economic aspects like resource management, cost-
benefits.
Environmental Policy in India:
Evolution of Environmental Policy all over world impacted India too to implement the same
since British Reign only. Then India, being committed nation towards Environment &
Sustainable Development set up ‘National Council for Environmental Policy & Planning’ headed
by Prime Minister of India in 1972 which later evolved into Ministry of Environment & Forests
(MoEF) and recently into Ministry of Environment, Forests & Climate Change (MoEFCC).
On legal framework, the constitution of India directed States to protect environment and
safeguard forests and wildlife as in the Directive Principles of State Policy & thereby protect the
Right of (Quality & Healthy) Life under Article 48A & Article 21. Further, the Constitution states
that it shall be the fundamental duty of every citizen to protect and improve the natural
biophysical environment under Article 51A (g). Later on, some amendments enabled Parliament
and the Central Government to legislate on environmental subjects.
Now, MoEFCC through its administrative nodal agencies-Central & State Pollution Control
Boards implement Environmental Policies by regulating accordingly. Following are some
Key Environmental Policies:
National Environment Policy, 2006
National Conservation Strategy and Policy Statement on Environment & Development 1992
Policy Statement on Abatement of Pollution 1992
National Agriculture Policy 2000
National Water Policy, 2012
3. Assignments based on discussion Page 3
Judicial Role:
These policies considers constitutional directives principles of Article 48A Article 51A (g) &
Article 21. The policy principles are intended to be a guide
to enact the legislations by agencies of the Central, State, and Local Governments
to bring an action by locus standi rules from Public Interest groups like NGOs
to take legal regulatory actions by High/Supreme courts if required
Previously, civil courts used to hear environmental related cases under certain doctrines
developed by various courts.
But, later the central government with Parliamentary procedure enforced the formation of
National Green Tribunal under the act of National Green Tribunal act; which recently got
amended in 2010. Now disputes relating to environment are considered as cases by National
Green Tribunal not by civil courts. The NGT has all the powers under the seven laws related to
the Environment with following three principles of Polluter Pays Principle, Absolute Liability
Principle, and Sustainable Development Principle.
Any violations from these laws, or any order/decision taken by the Government under these
laws can be ONLY be challenged before the NGT.
4. Assignments based on discussion Page 4
DISCUSS ENVIRONMENTAL POLICIES AS PER PRESENT ENVIRONMENTAL ISSUES WITH
RESPECT TO YOUR WORKPLACE, SURROUNDING.
Waste Management Policy:
Waste Management & Handling Rules (2016):
Mankind have been developing new products, services through newer technologies to support
increasing demand; thus generation of wastes is inevitable. But, possible option is there with us
is to manage generated wastes responsibly, scientifically and efficiently to control the
environmental damage.
Following parties should be involved for strict regulation & proper enactment:
Waste Generators:
segregation at source in respective containers to facilitate easy collection by
local body: Mandatory
No spillage, accumulation: should follow ‘Polluter pays Principle’
Credits for recycling, Subsidies for reusable, should pay Tipping/Processing fees
MoEFCC:
Closer monitoring of implementations as per policy though NGT/CPCB/SPCBs.
Review & amend legislations time to time
Urban Development Authority
Enforce local body to implement waste management through technical and
financial support from central government
Local Municipal Corporation
Implement waste treatment/management/transport facility & arrange
infrastructure
Operate or outsource the treatment/processing & frequent reviewing
District Magistrate
Avail of land, allied governmental support & overall monitoring of management
CPCB & SPCBs
Monitor processing as per Rules with regular monitoring & auditing
Review through consent to establish/operate
5. Assignments based on discussion Page 5
This commitment & enactment should consider below mentioned type of wastes.
1. Biomedical Waste
• Includes effective management & disposal mechanisms of wastes generated
from healthcare processes like diagnosis, treatment, immunization, research
activities from hospitals, clinics, research labs, institutes, blood banks, etc.
• Focuses on segregation at source and isolation from human contact
• Direct processing in Incinerator, Autoclave
2. Organic Waste
• Priority of technology with highest possible material/energy recovery as
Segregation->Organic Composting/BioMethanation->Compost->Reject
Incineration-> Inert Land filling
3. Electronic Waste
• Reuse/Recycle
4. Plastic Waste
• Segregation, use as Refused Derived Fuel, Recycling
5. Hazardous/ Industrial Waste
• Scientific neutralization & Land filling
6. Construction & Demolition Waste
• Crushing, Reuse in the form of blocks, briquettes than land filling
Waste Processing
Adoption of technology is based on composition and volume of waste generated. Adopted
technology should focus on highest possible material/energy recovery.
Site selection, environmental clearance, reviewing groundwater/air quality values, regulation as
per Product (Compost) quality, Waste Water treated/treated water to be disposed limits should
be considered.
Renewable Energy Policy:
Industrial development and transportation depends majorly on use of fossil fuels which
contribute severely in greenhouse emissions & thereby leading to global climatic change. The
approach is not sustainable as the resources may get exhausted; also depleting environment
badly. In order to maintain intergenerational equity of the resources; the dependency on same
should be diluted with the adoption of Renewable Energy technologies.
The Resources: Sunlight, Water (flow), Wind, Biomass, Natural Gas/Biogas, Nuclear*
6. Assignments based on discussion Page 6
Direct subsidies should be removed & incentives or credits should be given to promote actual
commercialization & implementation.
Following activities to be adopted for promoting Renewable Energy:
1: Direct foreign investment:
• By joint ventures into commercial large scale RE projects
• Introduction of various operational mechanisms like BOOT/BOT/BOO
(Build/Own/Operate/Transfer).
• Easy approvals/clearances
• Technical assistance, monitoring & auditing by concerned agencies like CPCB/SPCB/etc.
2: Promoting industry establishments:
• Should promote RE establishments as medium, small, micro enterprises
• Relevant assistance from DICs
3: Replacing subsidies structure with incentives:
• Subsidies of power tariffs resulted in inefficient use & wastage; should be replaced by
incentives to promote industrial/agricultural developments
4: Promoting Research & Developments:
• to devise newer cost effective technologies
• to improve efficiencies of existing set ups of hydro power/nuclear/thermal plants
5: Alternative fuel resources:
• Alternatives sources as waste RDFs/Briquettes to be utilized as mandatory source of
fuel to nearby industries.