Environmental Policy In India

NAVEEN KUMAR

ACE10UAR021SUSTAINABLE ARCHITECTURE AND PLANNING ASSIGNMENT 2

National Environment Policy, 2006

It is recognized that the maintenance of the Healthy environment is not the

responsibility of the state alone. It is the responsibility of every Citizen and thus a

spirit of partnership is to be realized through the environment Management of the

country. Here is the summary of the National Environment Policy 2006:

Challenges:

The key environmental challenges that India faces are related to the nexus of

environmental degradation with poverty in its many dimensions, and economic

growth. Challenges are intrinsically connected with the state of environmental

resources, such as land, water, air, and their flora and fauna.

Impact on Health:

Poor environmental quality has adversely affected human health.

Environmental factors are estimated as being responsible in some cases for nearly

20 percent of the burden of disease in India, and a number of environment-health

factors are closely linked with dimensions of poverty (e.g. malnutrition, lack of

access to clean energy and water).

Interventions such as reducing indoor air pollution, protecting sources of safe

drinking water, protecting soil from contamination, improved sanitation measures,

and better public health governance, offer tremendous opportunities in reducing

the incidence of a number of critical health problems.

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Objectives of the Policy • Conservation of Critical Environmental Resources

• Intra-generational Equity: Livelihood Security for the Poor • Inter-generational Equity • Integration of Environmental Concerns in Economic and Social

Development• Efficiency in Environmental Resource • Use Environmental Governance • Enhancement of Resources for Environmental Conservation.

PRINCIPLES OF NATIONAL ENVIRONMENT POLICY 2006:• Human Beings are at the Centre of Sustainable Development Concerns:• Right to development must be fulfilled so as to equitably meet

developmental and environmental needs of present and future generations.

• In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.

• Where there are credible threats of serious or irreversible damage to key environmental resources, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

• In various public actions for environmental conservation, economic efficiency would be sought to be realized

Biological Diversity Act, 2002

The Biological Diversity Act, 2002 is a federal legislation enacted by the

Parliament of India for preservation of biological diversity in India, and

provides mechanism for equitable sharing of benefits arising out use of

traditional biological resources and knowledge. The Act was enacted to

meet the obligations under Convention on Biological Diversity (CBD).

Biological Diversity Act, 2002

An Act to provide for conservation of biological diversity,

sustainable use of its components and fair and equal

sharing of the benefits arising out of the use of biological

resources, knowledge and for matters connected .

Citation Act No. 18 of 2003

Enacted by Parliament of India

Date assented to 5 February 2003

Date commenced 1 October 2003 and 1 July

2004

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NATIONAL BIODIVERSITY AUTHORITY AND STATE BIODIVERSITY BOARDS:

The National Biodiversity Authority (NBA)is a statutory autonomous body,

headquartered in Chennai, under the Ministry of Environment and Forests,

Government of India established in 2003 to implement the provisions under the

Act. State Biodiversity Boards (SBB) has been created in 28 States along with

31,574 Biological management committees (for each local body) across India.

FUNCTIONS:

• Regulation of acts prohibited under the Act

• Advise the Government on conservation of biodiversity

• Advise the Government on selection of biological heritage sites

• Take appropriate steps to oppose grant of intellectual property rights in foreign

countries, arising from the use of biological resources or associated traditional

knowledge

PENALTIES:

If a person, violates the regulatory provisions he will be "punishable with

imprisonment for a term which may extend to five years, or with fine which may

extend to ten lakh rupees and where the damage caused exceeds ten lakh

rupees such fine may commensurate with the damage caused, or with both.

The Indian Forest Act, 1927 This act was largely based on previous Indian Forest Acts implemented under

the British. The first and most famous was the Indian Forest Act of 1878. Both the 1878 act and the 1927 one sought to consolidate and reserve the areas having forest cover, or significant wildlife, to regulate movement and transit of forest produce, and availability on timber and other forest produce.

It also defines the procedure to be followed for declaring an area to be a Reserved Forest, a Protected Forest or a Village Forest. It defines what is a forest offence, what are the acts prohibited inside a Reserved Forest, and penalties on violation of the provisions of the Act.

Indian Forest Act, 1927

An Act to consolidate the law relating to forests, the

transit of forest-produce and the duty leviable on timber

and other forest-produce.

Citation Act No. 16 of 1927

Territorial extent Whole of India except

the State of Jammu and

Kashmir

Enacted by Central Legislative Assembly

Date commenced 21 September 1927

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IT INCLUDE’S

Reserved Forest:• Reserved Forest is an area mass of land duly notified under the

provisions of India Forest Act or the State Forest Acts having full degree of protection. In Reserved Forests all activities are prohibited unless permitted. Reserved Forest is notified under section 20 of the

Indian Forest Act, 1927.

Protected Forest:• Protected Forest an area or mass of land notified under the

provisions of India Forest Act or the State Forest Acts having limited degree of protection. In Protected Forests all activities are permitted unless prohibited. Protected Forest is an area or mass of land, which is a reserved forest, and over which the Government has property rights, declared to be so by a State Government under the provisions of the section 29 of the Indian Forest Act, 1927.

Village Forest:• Village Forest is constituted under section 28 of the Indian Forest Act,

1927. The Government may assign to any village community the rights over a land which may not be a part of a reserved forest for use of the community. Usually, forested community lands are constituted into Village Grazing Reserve [VGR]. Parcels of land are so notified are marked on the settlement revenue maps of the villages

The Water (Prevention and Control of Pollution)Act, 1974 • The Water Act was enacted by Parliament Act, 1974 purpose to provide

for the prevention of control of water pollution and the maintaining or restoring of wholesomeness of water. As on day, it is applicable in all the states of India.

• In this act, unless the context, otherwise requires(i) Occupier(ii) Outlet(iii) Pollution(iv) Trade effluent• The first important environmental law enacted by Parliament is the

Water (Prevention and Control of Pollution) Act, 1974. As water is a state subject and as 12 states had passed the enabling resolutions, the Government of India. It defines pollution ‘such contamination of water or such alteration of the physical, chemical or biological properties of water of such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water(whether directly or indirectly)as mayor it is likely to create nuisance or rend such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or of aquatic organisms’.

WHAT IS IT FOR???????An Act to provide for the prevention and control of water

pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating there to and

for matters connected t with.

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This Act paved the way for the creation of Central Pollution Control Board (CPCB)and State Pollution Control Boards (SPCBs) . The main function of the CPCB ‘shall be to promote cleanliness of streams and wells in different areas of the states’. The term stream includes river, watercourse, inland water, subterranean waters, and sea or tidal waters.

THE BOARD MAYPERFORM FUNCTIONS SUCH AS:• laydown, modify or annul in consultation with the state government

concerned, the standards for a stream or well;• plan and cause to the executed a nationwide program for the

prevention, control and abatement of water pollution• collect, compile and publish technical and statistical data relating to

water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith.

• advise the central government on any matter concerning the prevention and control of water pollution.

FEATURES OF ACT:• It provides for maintenance and restoration of quality of all types of

surface and ground water.• It provides for the establishment of central and state boards of pollution

control.• It confers them with powers and functions to control pollution.• It has provision for funds, budgets, accounts and audit of the central

and state pollution control boards.• It also makes provision for various penalties for the defaulters and

procedure for the same.

The Air (prevention and control of pollution) Act, 1981

SCOPE & OBJECT OF THE ACT:The presence in air, beyond certain limits, of various pollutants

discharged through industrial emission and from certain human activities connected withtraffic, heating, use of domestic fuel, refuse incinerations, etc; has a effect on the healthof the people as also on animal life, vegetation and property.

The Central Government legislated the bill to implement the decisions takenregarding the preservation of the quality of Air and control of air pollution, in Stockholm inthe United Nations Conference on the Human Environment, held in June, 1972.

DEFINITIONS:“air pollutant” means any solid, liquid or gaseous substance including noise present in theatmosphere in such concentration as may be or tend to be injurious to human beings orother living creatures or plants or property or environment.

Bodies constituted to enforce the Act:Central Pollution Control Board constituted under section 3 of the Water

(Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers andperforms the functions for the prevention and control of air pollution.

State Pollution Control Boards constituted under section 4 of the Water(Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers andperforms the functions for the prevention and control of air pollution.FUNCTIONS :Central board-

The main functions of the Central Board is to improve the quality of air and toprevent, control or abate air pollution in the country .

Advice the Central Government on any matter concerning the improvementof the quality of air and the prevention, control or abatement of air pollution.

lay down standards for the quality of airState Board-

Plan a comprehensive program for the prevention, control or abatement ofair pollution and secure the execution .

Collect and disseminate information relating to air pollution.Advice the State Government with respect to the suitability of any premises

or location for carrying on any industry which is likely to cause air pollution.To perform such other functions as may be prescribed or as may, from time

to time, be entrusted to it by the Central Board or the State Government.

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CONCLUTION :

I do expect that now-on-wards the Board and its officers would address to the

provisions of the Act and follow the directions issued by the Central Board to

execute the Act in letter and spirit and in the benefits of the common people

& nature’s whose health and for providing it in effective manner this Act’s has

been legislated by the Parliament of India.

Be the change you want to see .

THANK YOU