1. ENVIRONMENTAL COMPLIANCE
& ENFORCEMENT
IN INDIA
Presentation by-
Sarah Thomas & Gretta Castelino
UID- 138124 138104

2. Objective of the paper
 To identify and critically analyse the role of major
environmental compliance and enforcement bodies to
address the various environmental challenges faced in
India
 To delve into the larger area of whether new bodies
being continually created will improve compliance &
enforcement or is it just ‘old wine in new wineskins’

3. OUTLINE
 History
 Regulatory Authorities- Need and Inception
 Pollution Abatement in India
 Case Studies
 Key Challenges and Recommendations
 Conclusion

4. HISTORY
 International Commitments
 Legal Front
 Executive Action
 Judicial Verdicts

6. Early 1980s
Forest Conservation Act &
Enactment of Air Act
Department of Environment
expanded into the MoEF
WORLD CONSERVATION STRATEGY REPORT
Creation of Department of
Environment
Awareness of sustainable
development
STOCKHOLM CONFERENCE, 1972
WATER (PREVENTION & CONTROL OF POLLUTION) ACT;
1974

7. Right to Life
Enactment of Public Liability
Insurance Act, 1991
Provision of immediate relief to
victims of chemical accidents
Basel Convention
MoEF notified rules to regulate handling of hazardous wastes
Brundtland Commission
Need for Sustainable Development

8. “Polluter Pays Principle”
& “Precautionary
Principle”
2010
National Environmental
Assessment &
Monitoring Authority

9. •Established under Water (Prevention and Control of
Pollution) Act, 1974
•Abatement of Pollution
PCBs
•Set up by Environment Impact Assessment Notification,
2006 (first issued in 1994), under the Environment
Protection Act 1986
•Green Clearance
EIAA
•Set up on Supreme Court Order in 2009
•AfforestationCAMPA
•Set up on the basis of NGT Act, 2010
•Criminal Prosecution of offendorsNGT
• To be set up on a 2013 Supreme Court Order
•Overarching second step of monitoringNEAMA
Regulatory Authorities

10. Regulatory Authorities
PCBs
• Can impose only
administrative
sanctions
EIA
• Deadlines-
Too Short
or Too Long
CAMPA • Funds
Disbursal
NGT • Accessibility
NEAMA
• Outsourcing
environmental
decisions

11. National Environmental Appraisal
and Monitoring Authority (NEAMA)
Purpose
Stages of
establishment
New body NEAMA
Origin
Failure of
Existing
institutions to
ensure
adequate
monitoring
and
compliance
Need identified
by the
Supreme Court
of India for a
new and
autonomous
regulator
Role
Not explicitly
defined. Will be
decided by the
executive, and will
not be way
different than
objectives of
existing
institutions
Creation
Deadline to be
established-
March 31st. Now
doesn't everyone
know that
elections are a
little after that,
and the
environmental
lobby has to be
pleased?!

12. Pollution Abatement in India
 Air Pollution
 Water Pollution

13. AIR POLLUTION

14. Water Pollution

15. Case Study 1:
Goshree Island Development Project, 1994

16. Case Study 2:
Sterlite Industries India Ltd.
1995
•First EC
without EIA 2003
•On site inspection by
MoEF
2013, March 30
•Closure Order
2013, May 31
•NGT advised
Sterlite to take
additional anti-
pollution measures

17. Key Challenges and Recommendations
Challenge Recommendation
Credible Enforcement
Deterrents
Empower PCBs to impose
penalty
Compliance Assurance Uniform definition of
compliance
Role of Local Committees NGOs submit public hearing
reports
Transparency in Regulation Online publishing of all
notifications and reports
Balance Economic Growth
and Ecological Sustainability
National Green Accounting with
social inclusiveness as indicator
Interagency Co-ordination Strengthen Existing
Institutional Infrastructure

18. Conclusion

19. THANK YOU!!! 