Lok Sabha passes green tribunal Bill, Welcome it Hoping to Block LPG Mafia Monopolistic Aggression Legally!
SAsian nations sign trade, environmental accords
On Thursday 16th SAARC summit was concluded. Climate change and protection of environment was the main issues discussed in SAACR summit.It was decided by the leader that collaboration is required for the development in the region. In the ceremony of displaying art work of different countries the leader went to different sections with their wives. Art work was appreciated by leaders.
The Indian government plans to enact new rules that makes a producer of electrical and electronic equipment responsible for the collection and appropriate disposal of e-waste generated at the end of life of its products.The draft of the new rules, called the E-waste (Management and Handling) Rules 2010, was made available for public comment on the Web site of the Ministry of Environment and Forests on Wednesday.
Under the draft rules, producers include manufacturers of products under their own brand, as well as those who sell under their brand products that are manufactured by contractors. Importers of products for sale in India are also included under the classification.
The proposed rules will also ban the import of used electrical and electronic equipment for charity in the country.
A lot of e-waste is brought into India under the pretext of being reused and donated to local charities, as the import of e-waste is otherwise restricted, Greenpeace campaigner Ramapati Kumar said on Thursday.
A number of social organizations and environmentalists have expressed concern that developed countries are dumping their e-waste in India, where it is recycled under hazardous and unregulated conditions.
The management and handling of waste in India is currently governed by legislation such as the Environment (Protection) Act of 1986, and Hazardous Material (Management, Handling and Transboundary Movement) Rules of 2008.
Current rules address mainly the handling and disposal of industrial waste generated in manufacturing, and do not take into account the e-waste generated by products like computers at the end of their lifecycle, said Vinnie Mehta, executive director of Manufacturers Association of Information Technology (MAIT), a trade body of the IT industry.
MAIT, Greenpeace, and other organizations have been pushing the government for the adoption of better e-waste rules.
The new rules proposed by the government attempt to regulate not only producers, but also recyclers and intermediaries such as operators of collection centers. Consumers are also required under the proposed rules to turn in end-of-life products for recycling.
MAIT is hoping the Indian government will subsidize some of the operations required to recycle products, in line with similar government incentives for environment-friendly programs.
The government may also have to pick up the cost for recycling of unbranded products which account for about 40 percent to 50 percent of electronics products sold in the country, Mehta said.
There will also be a lot of e-waste already in the market on the date the new rules come into force. The government calls it "historical waste", and MAIT expects that the government will help finance that part of the clean-up operation as well.
The leader of Pakistan and India mixed together in the exhibition, it was also decided between them that they will work together to stop terrorism and will not allow their land to use for other countries. Maldives was also selected as the next venue for the SAARC 17th meeting.
At the conclusion of meeting all the countries form and fund to protect environment and $300 million fund has been created. Many trade agreements were also signed. Foreign ministers of different nations signed these contracts. Collaboration in health sector was also discussed.
Enhancement of air transport services was also a significant matter in the discussions. It was also agreed that technology and knowledge between countries should also be exchanged.
Empowerment of women, health and infrastructure were few key points which were discussed in detail. In the end of SAARC summit The Prime Minister of Bhutan Jigme Thinley said that he is very thankful to all leader to attend the summit in Bhutan.
The Lok Sabha on Friday adopted the National Green Tribunal (NGT) Bill, 2009. It envisages the setting up of a national tribunal, a judicial body exclusively to deal with environmental laws and to provide citizens a right to environment.
The main Bench of the tribunal will be set up in Bhopal, "the site of humanity's one of the worst industrial tragedies." This way the government and Parliament could show some sensitivity to the people of Bhopal, said Minister of State for Environment and Forests Jairam Ramesh, replying to a debate.
The Tribunal would have four circuit Benches. It would deal with all environmental laws on air and water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act. With this effort, India would join Australia and New Zealand, which have such specialised environment tribunals.
Mr. Ramesh said a Bill to set up the National Environment Protection Authority would be introduced in the monsoon session. It would monitor the implementation of environment laws.
The Tribunal members would be chosen by a committee.
'We're now testing the limits of environment protection act'
The Union ministry of environment and forests (moef) says India's vast gene pool in agriculture and livestock has been widely ignored, creating a food security risk in the country
Measures to conserve its rich biodiversity have not been sufficient. Despite many laws in place (Wildlife Protection Act, 1972, Forest (Conservation Act), 1980, Biological Diversity Act, 2002), the report admits that there is lack of effective enforcement of the laws to protect biodiversity
Much of India's forestland has been given away for industrial and infrastructural activities. Since the enactment of the Forest (Conservation) Act, 1980, about 15,000 projects involving 1.14 million hectares of forest have got official clearance
Over 40 per cent of India's forests face different levels of degradation. The plan blames domestic demand for timber, fuel-wood and grazing for the crisis. About 80 per cent of the forest area faces heavy grazing while fire affects 50 per cent of the forest cover
India now has just 12 varieties of food, which provide 80 per cent of the food energy. Changing lifestyles have affected variety, taste and nutritional value of food
Agricultural biodiversity has been declining in India with more number of crops being commercially cultivated. Number of varieties grown under different agricultural systems has also fallen. Over 300,000 samples of indigenous plants kept in the National Gene Bank have gone out of cultivation
Nearly 140 native breeds of farm livestock are facing survival threat. Low genetic diversity in natural conditions has affected the evolutionary development of indigenous wild species
About 90 per cent of India's traditional herbs are being traded. India's share in the global complementary medicine market valued at us $62 billion is only 0.3 per cent, out of which 70 per cent comes from the export of raw materials
Grasslands, rivers, wetlands and coastal and marine ecosystems are under threat causing widespread damage in support system for various species
Grassland species like the Great Indian Bustard are under threat
With just 180 left across the world, the gharial (Gavialis gangeticus), a riverine species, is in the critically endangered category of the Red List of the International Union for the Conservation of Nature and Natural Resources (iucn)
Egyptian Vulture (Neophron percnopterus), is in iucn's endangered category
Bengal Florican (Houbaropsis bengalensis) is also in the critically endangered category
Despite biosafety concerns, genetically modified crops like Bt cotton have got official approval for commercial use
70 per cent of the country's land area has been surveyed and around 46,000 species of plants and 89,000 species of animals have been described. Nearly 50 per cent of the aquatic plants of the world are recorded in India
More than 400,000 species in India needs to be recorded. Lack of experts is affecting identification
Meanwhile,
South Asian leaders unveiled a $300 million fund to reduce poverty in the region and signed agreements on trade and environmental protection as a two-day summit in this tiny Buddhist kingdom ended Thursday.
The largest of the eight nations attending, India, earlier warned that the members of the South Asian Association of Regional Cooperation, or SAARC, must work in unison, expedite development and integrate themselves more fully into the global economy.
"If we do not, we run the risk of marginalization and stagnation," India's prime minister Manmohan Singh said Wednesday at the gathering in the picturesque Bhutanese capital, Thimphu. "The 21st century cannot be an Asian century unless South Asia marches together."
One-fifth of the world's population -- and many of its most impoverished -- live in the countries that make up the group: India, Pakistan, Sri Lanka, Bhutan, Nepal, Afghanistan, the Maldives and Bangladesh.
The agreement on trade, signed by the nations' foreign ministers, covers services in health, hospitality, communications, computers and air transport services. The environment convention, signed by the leaders, is aimed at exchanging knowledge and eco-friendly technology to combat climate change.
The fund for fighting poverty, with contributions from each nation, will be used for projects that empower women and promote health care and for building infrastructure.
Also Thursday, Singh met with his Pakistani counterpart, Yousuf Raza Gilani, and decided to resume peace talks that stalled after the 2008 Mumbai terror attacks that New Delhi blamed on Pakistani militants. The two countries have fought three wars, and their rivalry has often been blamed for some of the region's slow progress.
SAARC was set up to promote economic cooperation, but it has often been criticized as little more than a talk shop since its founding in 1985. Even the host, Bhutanese Prime Minister Jigmi Y. Thinley, said the group's priorities must be reset if it is to achieve any success.
Bhutan chose to focus much of the summit on climate change because South Asia -- including the low-lying delta nation of Bangladesh, the archipelago of the Maldives, and the Himalayan countries of Bhutan and Nepal -- is highly vulnerable to its effects.
Bhutan has seen flooding caused by melting glaciers, said its Foreign Secretary Daw Penjo.
Thinley said the SAARC member-states should evolve a common position on climate change ahead of the Mexico conference to be held late this year -- a follow-up to last December's U.N. summit in Copenhagen that failed to hammer out a binding global agreement on limiting carbon emissions.
India, Brazil, South Africa and China emerged as a bloc in Copenhagen.
Recommendations to Sixteenth Saarc Summit
getty imagesRecommendations to Sixteenth Saarc Summit
With regard to facilitation of transport, communication and trade, our recommendations are that concerned authorities in South Asian countries should:
* Jointly improve the efficiency of the trade facilitation procedures and processes.
* Standardise and simplify customs documentation and procedures.
* Introduce EDI and IT facilities at land ports and sea ports.
* Simplify testing procedures and certification.
* Standardise, rationalise and harmonise technical specifications for road, rail and water rolling stocks and load and carrying capacities.
* Provide green fast-track multi-modal transport channels and corridors. This will also facilitate efficient regional supply chains.
* Jointly evolve effective institutional mechanisms and managerial procedures for efficient operations, management and performance monitoring of cross-border land and water transport systems.
* Modernise and upgrade the quality of road, rail, inland water and coastal and international shipping and communication networks (telecom, post, etc) and expand their capacities.
* Improve sub-regional land and inland water connectivity to and from the eastern and north-eastern part of the sub-continent with a view to facilitating connectivity within the region and to South East Asian and East Asian countries.
* Evolve and implement specific transit trade agreements between Bangladesh and India and between Afghanistan, India and Pakistan to promote intra-regional connectivity and also connectivity to neighbouring regions in South East, Central and West Asia.
* Jointly and actively promote and develop Afghanistan, Pakistan, India, Bangladesh and Myanmar (APIBM) transport corridors through Asian Highway, Trans-Asian Railway, and land and sea-routes as corridors to Asean countries, China, Central Asia and West Asia.
* Promote joint ventures in construction of transport capacities and production of rolling stocks and communication hardware.
* Enter into local currency swap agreements with assistance from the central banks for settling payments in local currencies of cross-border charges and fees for cross border movements of goods, people and investment.
* Introduce multiple entry visas for transport operators, consider issuing visas on arrival to Saarc nationals, and increase visa exemption stickers to businessmen recommended by business and trade associations from the current figure of 100 to 500 to meet urgent requirements.
Generating broader support for Saarc initiative on connectivity through
civil society, parliamentarians and the private sector
A strategy for South Asia will have little meaning unless there is a coherent program to facilitate public awareness in the region about matters relating to connectivity. The role of civil society, including academics and media, in discussions, debate and analysis on connectivity issues for promoting regional integration has been critical and crucial.
This has led to the development of many projects and programs conducive to greater cooperation in the region. In order to consolidate this tradition, the 16th Saarc Summit may wish to empower the Saarc secretary general to interact with such civil society initiatives on a regular basis and require him to report to the Summit the key recommendations coming from the people of South Asia for consideration by leaders of the region. The Saarc Secretariat could play a pivotal role by:
* Requesting the Track II process to address factors and trends that impede connectivity.
* Lending support to all programs for sustained regional consultations and dialogue at both Track I and Track II levels.
* Encouraging various national and regional stakeholders to set up goals and targets for improving and enhancing intra-regional connectivity to develop effective strategies for their realisation during the next decade.
* Facilitating concerned parliamentarians and other elected representatives, media representatives, private sector and public industry and trade organisations, academic institutions and civil society organisations to be increasingly involved in evolving and implementing cooperative policy and supportive legislative and legal frameworks and institutional mechanisms for enhancing connectivity in the region.
Safta and integration of the LDCs
There is a need to revisit and upgrade Safta into a Comprehensive Economic Partnership Agreement (CEPA) in order to create a dynamic instrument for promoting regional integration in South Asia. Some of the important measures that need to be undertaken include:
* Combining liberalisation of trade in goods with liberalisation of trade in service, as well as investment liberalization;
* Compressing the time frame for freeing trade.
* Removing non-tariff barriers with a time-bound framework.
* Substantially reducing the sensitive list and providing for their phasing out within a specified period of time.
* And fixing a dateline for completing negotiations on services.
As Saceps' recommendation to the 15th Saarc Summit strongly underscored, it will be very difficult to sustain the interest of the Least Developed Countries (LDCs) of South Asia in any regional integration arrangement until their economies are brought to the level of more advanced countries of the region. Five of the eight member countries of the Saarc are LDCs. Safta has recognised the special and differential needs of these LDCs and has incorporated various preferential measures on a non-reciprocal basis. However, implementation of those measures has been disappointing so far. The leaders at the 16th Saarc Summit may wish to take note of some of these problems and consider certain measures to integrate the LDCs into Safta.
For instance, there has been very limited impact of the special and differential treatment measures accorded to the LDCs. For example, Pakistan and Sri Lanka do not have separate sensitive lists for LDCs, and the sensitive list for LDCs maintained by India contain most of the products in which the LDCs have export interests.
Similarly, technical assistance to LDCs has focused more on the "software" than on the "hardware" part. LDC exports face different para-tariff barriers -- like special additional duties -- and non-tariff barriers -- like regulatory barriers and rules of origin. Problems of transit have been a major issue, mainly for the landlocked LDCs like Afghanistan, Bhutan and Nepal. And LDCs have also been facing supply-side constraints, including low level of technology and inadequate trade facilitation measures.
Some specific measures that the 16th Saarc Summit may wish to consider for ensuring more meaningful integration of LDC into the South Asian economic community are as follows:
**20 percent reduction in the sensitive list as proposed by the Committee of Experts is not enough. As in the case of the Asean Free Trade Area (Afta), sensitive lists should be reclassified into three categories:
* Temporary exclusion list: 50 percent of the products in the current sensitive list should be eliminated immediately.
* Sensitive list: 25 percent of the products should be phased out in the medium term.
* Highly sensitive list: Elimination of the remaining 25 percent of the products can be optional, depending upon the sensitivity of the products in the list.
* An arrangement similar to the South Asian Regional Standard Organisation (Sarso) for industrial goods should be set-up for agricultural goods.
* Land-locked LDCs should be extended generous transit facilities based on a regional agreement.
*A Regional Fund for LDCs with a minimum of $3 billion needs to be established, based on contribution by developing member countries according to an agreed criteria relating to capacity to pay, for the development of the infrastructure and export production capacity of the LDC members.
Monitoring of the social charter
In its wisdom, the 15th Saarc Summit underscored the necessity of making steady progress in the implementation of the Saarc Social Charter and directed the member states to complete their National Plan of Action and the National Coordination Committees "to introduce an efficient and effective monitoring and evaluation mechanism" to review progress in the implementation of the Social Charter.
Some progress has been made in this area, but the process has been agonisingly slow and the preparation of and discussion on the country reports have yet to be fully participatory in nature.
As Saceps has done major work in this area, including the monitoring aspect, it is our belief that the monitoring of the implementation of Saarc Social Charter can be best done on the basis of national social charters which have been developed on a participatory basis and which are essentially rights-based.
Member governments should encourage and assist civil society organisations in preparing such national social charters. Where such charters have been prepared by citizens' organisations, the member governments should assist them in broadening their support base to undertake the monitoring of their implementation.
The outcome of such monitoring should be used as an input for the preparation of the country papers by the governments, which should then be reviewed at the regional level with a view to identifying shortfalls in implementation and suggesting remedial measures.
It is, therefore, essential that the review of the implementation of the Saarc Social Charter should be a recurrent item on the agenda of the Saarc Summit Conference.
Cooperation in the energy sector
Cooperation in the energy sector is a critical issue in South Asia today. Disruption of power and other energy supplies has adversely affected both human and national security in the region. Some progress has been made in the energy sector where Saarc has already expressed strong commitment to regional energy trade, agreed on establishing an Energy Centre in Islamabad, and initiated a major study with the support of the ADB in enhancing energy connectivity and accelerating power sector reform in all countries of the region in order to develop an appropriate inter-government framework.
The attention given by Saarc on enhancing the level of energy cooperation, starting in 2004, has led to a meeting of energy ministers, followed by a meeting of energy experts under the Saarc umbrella in Goa in 2009.
More recently, the comprehensive agreement between India and Bangladesh on issues relating to generation, transmission, technical cooperation and interconnections facilities, will have a beneficial impact on other countries in the region.
There are ample opportunities and scope for cooperation in the energy sector in South Asia. In order to move positively in this direction, some of the measures that the 16th Saarc Summit may wish to consider are as follows:
** Key Strategy:
* Developing a "Saarc Regional Energy Framework Agreement" for collaboration among the Saarc Member States in harnessing indigenous energy resources and procuring energy supplies from other regions to meet their increasing energy needs.
* Promoting cross border investments in the energy sector among the Saarc member states.
* Putting in place investment protection and arbitration mechanisms.
* Sharing of technology, experiences and best practices should form an integral part of this Agreement.
* Policies that involve the private sector as strategic partners should also be evolved.
* The existing regional policy development mechanisms need to be effectively utilised for coordination and harmonisation of Saarc member states' energy policies.
* Member states of Saarc should promote renewable energy projects, such as wind, solar and biomass, using the latest technology to reduce their dependence on imported fuel.
* Ensuring energy efficiency and demand-side management in the electricity sector should be considered as a priority in the region.
* There is a need to promote institutional networking and linkages within the Saarc region to operationalise the regional level programs. The 16th Saarc Summit may wish to establish a regional forum where professionals engaged in the energy sector, including those in regulatory bodies, generation, transmission, distribution and exploration utilities, could regularly meet and exchange views, ideas, technologies and success stories. Key recommendations from such a regional forum could be examined by the energy ministers to promote effective energy policy in the region.
* Cross-border energy trade is taking place between India, Nepal, Bhutan and Sri Lanka and also between Pakistan and Afghanistan. Saarc needs to draw up a set of guidelines, which can be widely discussed and agreed upon for the region. Such a set of guidelines could answer some of the crucial questions on how to resolve the issues of resources allocation and sharing of benefits, and also on how to resolve issues of regulation or establishing either a regional regulatory framework or letting them emerge through bilateral agreements. The guidelines should include technology related issues and, most importantly, the cost of infrastructure.
Climate change, trade, agriculture and biodiversity
There are a number of initiatives that Saarc needs to take in order to collectively face the challenge posed by climate change to the region.
* Create a regional adaptation fund: It is imperative for Saarc to create a Regional Adaptation Fund to enhance our adaptive capacity. This fund should be used to establish a knowledge management platform and early warning systems, linking the national and local agricultural scenario.
* Investment in regional R&D on variety development: Regional investment for research and development is essential if South Asia is to develop new varieties of crops that are resistant to and can tolerate drought, disease, pests, etc. As agriculture research councils in many Saarc countries are not equipped to develop new varieties on their own, it is important for Saarc to bring these centres together in partnership to develop new varieties to face likely threats in the future.
* Implement projects like PPB and PVS: Saarc needs to support programs that take into account participatory plant breeding (PPB) and participatory variety selection (PVS) that are going on at the local level in countries like India and Nepal. These initiatives can be taken up at the regional level as regional projects.
* Develop a strategic framework on sustainable agriculture and climate change: The 16th Saarc Summit may wish to endorse a program to develop a strategic framework on sustainable agriculture and climate change that would include, among others, regional guidelines/frameworks on genetically modified organisms (GMOs), biotechnology and bio-fuels. In considering the use of bio-technology and GMOs Saarc should take bio-safety into consideration. The Saarc leaders may wish to set up regional guidelines or a framework on the use of bio-technology and how it can be made bio-safe.
* Saarc Regional food bank and the need to supplement it with Saarc seed bank: SACEPS presented a comprehensive set of recommendations to the 15th Saarc Summit in Colombo on, among others, how to make the SRFB more effective since its early operationalisation in view of climate change is crucial. In addition, it is also important for Saarc to consider the need to establish a Saarc seed bank in the region in order to negate the adverse effects of climate change. Community seed banks already exist in a number of countries in South Asia, but on their own they are not viable options to face the adverse effect of climate change. There is, therefore, a need to link these community seed banks at the national level and then link those national level seed banks at the regional level.
* Create a regional database of genetic resources and traditional knowledge: It is also important for Saarc to create a regional database of genetic resources and traditional knowledge and establish a regional access and benefit-sharing regime with specific guidelines. The objective of the Convention on Biological Diversity (CBD), of which every Saarc country is a member, is the conservation and sustainable use of biological resources. In South Asia, India and Bhutan already have national legislations in place, while Nepal has a draft in place, while other countries have yet to develop such legal measures. There is need to bring national legislations at par with the CBD and at the same time develop a regional framework for co-operation in bio-diversity conservation and to define areas of benefit sharing that arise out of the use of bio-diversity. Additionally, it is also important for South Asia to develop a common position for negotiation on the international regime at the CBD level on access and benefit sharing.
* Set up a Saarc taskforce on environmental goods and services: On the issue of trade and climate change, South Asian countries need to establish a task force on environmental goods and services (EGS) since it is one of the most important topics that is being negotiated at the WTO level. There are differences among nations as regards what constitutes environmental goods and services. Looking at the export structures of the South Asian countries, especially the LDC's, we see that some of the environmentally preferred products like jute and jute made products have very good prospects of export from South Asian LDC's like Bangladesh and Nepal. If the products which are being considered as EGS at the WTO level do not capture all the products of export interest to LDC's and other members states of Saarc, then it will pose a serious problem for the region. This makes it imperative for Saarc to develop a coherent position on EGS for WTO negotiations.
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On environmental violation
It described the mining site as a near-wasteland to obtain forest clearance, which turned void after it was established that the mining site had indeed been thick forest . By granting forest clearance to Lafarge's limestone mining operations in Meghalaya now, the Environment Ministry has done this country a disservice. By mining limestone without a forest clearance, the company had violated the Forest Conservation Act and possibly the Environment Protection Act as well.
Now, under pressure from the French, Bangladesh and multilateral donors who bankrolled the project, the Indian government is trying to regularise the project. As a penalty, it has suggested the company pay some fines. The implications are unnerving . In part because if the government's proposal is accepted by the Supreme Court, it will create a precedent where any company can win clearances on the basis of misleading affidavits and later press for regularisation.
And in part because the government evidently thinks it can apply India's laws selectively.
Accepting fait accompli in the matter of deforestation or violation of other laws intended to protect fragile ecology and vulnerable communities is a recipe for long-term pain and suffering. The culpable agency should be penalised, not rewarded with the proceeds of its crime.
It is possible to take the view that the forests have, in any case, been irreversibly damaged at the mining site and that mining should continue. A viable solution that makes the polluter pay and, at the same time, protects the economic activity at stake is to levy penalties on Lafarge for its actions, expropriate the mine and auction it off to some other party, who can then supply limestone to the cement plant in Bangladesh. Such an option is, indeed, viable and superior to the sale of environmental indulgences.
Radiation kills man in New Delhi: police
Police say radioactive waste found in a New Delhi scrap metal market has killed one person, who died in hospital of multiple organ failure, police say.
Seven people were hospitalised after the discovery on April 12, which caused panic in residential areas surrounding the scrapyard in western New Delhi, which deals with metal and old ammunition.
Local police and a team of experts from an Indian atomic research centre took away waste containing cobalt-60, a radioactive metal used in radiotherapy machines in hospitals and sterilisation in industrial food processes.
"The 35-year-old victim died due to multiple organ failure on Monday. He was working in the scrap shop where we found cobalt-60," a senior police official told AFP on Tuesday, asking not to be named.
Police said six people are still in hospital.
Search teams have found cobalt-60 in 10 scrapyards but they had yet to establish where the material came from, the police officer said.
The US Environmental Protection Agency warns on its website that cobalt-60 can make its way into landfill and scrap metal yards undetected because it is often encased in a metal housing.
AERB's directive to Delhi University on radiation sources
Staff Reporter
NEW DELHI: The Atomic Energy Regulatory Board (AERB) has asked the Delhi University to suspend all activities involving the use of radiation sources.
The directive follows the tracing of a radioactive material that caused the death of a person of a scrap shop and injuries to several others at Mayapuri here to the university's Chemistry Department.
The AERB, whose mission is to ensure that the use of nuclear energy does not have an "unacceptable impact on the health of workers and the members of the public and on the environment," has issued a show-cause notice to the university, asking it to explain the violations within two weeks.
The board said on its website that the radioactive material (Cobalt-60) originated from an old gamma cell model 220 that was made by Atomic Energy Canada Limited with decayed Cobalt-60 sources.
The AERB said the incident was caused by the unauthorised disposal of the gamma cell by the university as scrap, in violation of the Atomic Energy (Safe Disposal of Radioactive Waste) Rules and Atomic Energy (Radiation Protection) Rules.
Three-member varsity panel to probe incident
A three-member committee will be constituted to investigate how harmful radioactive substances were allowed to leave Delhi University's Chemistry Department, Vice-Chancellor Deepak Pental said here on Thursday.
Earlier this month, exposure to the radioactive material led to the death of a scrap dealer in West Delhi. Eight others are undergoing treatment after they were exposed to the same material.
The committee will consist of former DU professor S.C. Pancholi of the Nuclear Science Centre, Dwarkanath of the Defence Research and Development Organisation's (DRDO) Institute of Nuclear Medicine and Allied Sciences, and N.C. Goomer of the Board of Radiation and Isotope Technology.
Professor Pental said the university took moral responsibility for the incident and said that in case compensation was to be paid, the university community would contribute.
There had been a miscalculation about the active life of the radioactive material, Professor Pental said, adding that the Atomic Energy Regulatory Board has asked for information on the incident.
The source of the radioactive material found in a scrap market in Mayapuri earlier this month was traced to a gamma irradiator used in the university's Chemistry Department.
The irradiator was used for conducting experiments on analysing the effect of gamma rays on chemicals, and had been purchased from Atomic Energy Canada Limited in 1970 for use in experiments by students of the department.
However, the material had not been used since 1985 and was lying unused in a room. It was finally auctioned by the university authorities on February 26.
Last week, India's shipping ministry ordered 12 ports across the country to install detectors for radioactive material, fearing other hazardous materials could slip into the country.
Experts say the contamination in New Delhi illustrates the lax enforcement of regulations to dispose of hazardous waste in the South Asian country.
- Stories in this Section
- India and Pakistan put dialogue back on track
- Pranab announces a slew of tax concessions
- Show-cause notice to Delhi University
- AERB's directive to Delhi University on radiation sources
- SAARC plans expert group on climate change
- Did the walk break the talk deadlock?
- Visit Islamabad, Gilani tells Manmohan
- Panel to examine ethnic discord in Sri Lanka
- Accused in constable murder case killed in police encounter
- Kaziranga has the world's highest tiger density: report
- Sri Lanka to give India Maha Bodhi tree sapling
- Intermediate final results today
- Passports to be issued in 20 days
- Kolkata on high terror alert
- Police crack the whip on money lenders
- Wet cocoa beans fetch Rs. 47 a kg
- Nod for four new power projects
- Dindigul-Palani gauge conversion work to be over before next fiscal
- Alappuzha to honour its architect
- Better performance by State PSUs
- Ban on new permits for autos goes
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US issues fresh New Delhi terror alert
New Delhi: The US Saturday issued a fresh advisory warning its citizens of "increased indications" of terrorists planning "imminent attacks" in crowded markets in the Indian capital.
In the latest Warden Message posted on its website titled "Important Security Update", the US embassy said: "There are increased indications that terrorists are planning imminent attacks in New Delhi."
The message singles out specific markets such Chandni Chowk, Connaught Place, Greater Kailash, Karol Bagh, Mehrauli, and Sarojini Nagar, saying they "can be especially attractive targets for terrorist groups".
The advisory updates the one issued April 21 and reminds US citizens travelling or residing in India that terrorists have targeted places in the past where US citizens or Westerners are known to congregate or visit.
Americans travelling or residing in India are strongly encouraged to maintain a high level of vigilance, remain aware of their surroundings, monitor local news reports, and take appropriate steps to bolster their personal security, said the advisory.
This is the third advisory in a month and advises Americans travelling or residing in India to maintain "a high level of vigilance" and watch out for unattended packages.
Delhi Police asks people to be vigilant after US advisory
Delhi Police Saturday said it was taking "appropriate measures" following the US' latest terror alert advisory to its citizens and also asked the public to be vigilant and pass on information about anything suspicious they see.
"Delhi Police is aware of the advisory issued by the US embassy of increased indications that a terrorist attack is imminent in New Delhi. The Delhi Police is taking appropriate measures in this regard," Rajan Bhagat, Delhi Police spokesman said.
"The public should be vigilant and if any suspicious object, person or vehicle is noticed, information should be passed on immediately to the nearest police station, or the public can call up our toll free number - 1090," he added.
The US Saturday issued a fresh advisory warning its citizens of "increased indications" of terrorists planning "imminent attacks" in crowded markets in the Indian capital.
This is the third American advisory in a month. It advises Americans travelling or residing in India to maintain "a high level of vigilance" and watch out for unattended packages.
Source: IANS
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Timeline of articles
| NDMA asks Delhi govt to screen people residing at Mayapuri 1 hour ago - Daily News & Analysis | |
| DU buried 20kg of radioactive material on campus, says professor Apr 29, 2010 - Times of India | |
| How to handle the radioactive Cobalt-60 Apr 29, 2010 - NDTV.com | |
| Radioactive metal: Chem dept head in dark, VC says shocking Apr 28, 2010 - Times of India | |
| N-waste came from DU lab Apr 28, 2010 - Hindustan Times | |
| Radiation fear haunts Delhi residents Apr 28, 2010 - NDTV.com |
http://toi.timesofindia.indiatimes.com/home/environment/global-warming/Were-now-testing-the-limits-of-environment-protection-act/articleshow/5775807.cms
Environmental policy of the Government of India
From Wikipedia, the free encyclopedia
| Legislation | Year | Domain | Protected areas | Species protection | Pollution control | Energy use | Land use | Use of other natural resources |
|---|---|---|---|---|---|---|---|---|
| Indian Forest Act | 1927 | British India | Developed procedures for setting up and protection of reserved forests, protected forests, and village forests | Regulation of movement and transit of forest produce with duties on such produce. Special focus on timber | ||||
| 1st Five Year Plan | 1951 | |||||||
| 2nd Five Year Plan | 1956 | |||||||
| 3rd Five Year Plan | 1961 | |||||||
| 4th Five Year Plan | 1969 | |||||||
| Wildlife Protection Act | 1972 | India except J&K | Formalization of national parks, wildlife sanctuaries, conservation reserves and community reserves. Protection to habitat and wildlife within premises of such protected areas. Development of National Board for Wildlife and State Boards for Wildlife for identification of future protected areas. | Penal codes for animal poaching, and trade in products derived from protected animals | ||||
| 5th Five Year Plan | 1974 | |||||||
| 6th Five Year Plan | 1978 | |||||||
| 7th Five Year Plan | 1980. Forest (Conservation) Act, 1980 (with Amendments Made in 1988) | envronment protection act 1986 (23 May 1986) I it is a legeslation which signifies the central governments determination to take effective steps to protect the enviironment. | stating that: No State Government or other authority shall make any order directing-
| |||||
| 8th Five Year Plan | 1992 | |||||||
| 9th Five Year Plan | 1997 | |||||||
| 10th Five Year Plan | 2002 | |||||||
| 11th Five Year Plan | 2007 |
[edit] References
- "India's Forest Conservation Legislation: Acts, Rules, Guidelines", from the Official website of: Government of India, Ministry of Environment & Forests
- Wildlife Legislations, including - "The Indian Wildlife (Protection) Act" from the Official website of: Government of India, Ministry of Environment & Forests
- Official website of: Government of India, Ministry of Environment & Forests
 | This India-related article is a stub. You can help Wikipedia by expanding it. |
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Environment protection act reduced to a travesty of their mandate
Since 1980 different pieces of legislations have been enacted for environmental conservation. These include the Forest (Conservation) Act (fca), 1980, the Environmental Protection Act (epa), 1986 and the Biological Diversity Act (bda), 2002. These have the potential to strengthen the conservation agenda. But they are at best being used to 'manage' some of the negative environmental impacts that a 9 per cent growth rate leaves behind.
eia procedures were overhauled in 2006. But none of the suggestions advanced by ngos and activists to improve the regulatory process and enhance its transparency, were included. Instead, the reforms focused on speedy clearances. And are projects monitored for environmental compliance after they are cleared? Rarely so. The omission is glaring in projects such as dams and mines where construction work goes on for more than a decade.Source: Down to Earth Vol: 16 Issue: 20080215
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THE ENVIRONMENT PROTECTION ACT, 1986 (IN INDIA)
INTRODUCTION…..
In 1980, the Deptt. of Environment was established in India. Later on it became the Ministry of Environment and Forests in 1985. EPA,1986 came into force soon after the Bhopal Gas Tragedy.
OBJECTIVE……
Objective is, to provide the protection and improvement of environment. In EPA, article 48A, specify that the State shall protect and improve the environment.
Also, to safeguard the forests and wildlife of the country. Acc. to sec 51(A) every citizen shall protect the environment. EPA is applicable to whole India, including J&K.
IMPORTANT TERMINOLOGY….
"Environment" It includes water, air, and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. "Environmental Pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment.
"Environmental pollutant" means any solid, liquid or gaseous substances present in such concentration as may be or tend to be injurious to environment and human being. "Hazardous Substance" means any substance or preparation which, by reasons of its chemical or physico-chemical properties, is liable to cause harm to human beings or other living creatures. "Handling" In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc
"Environmental pollution" means imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner, that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health. "Occupier" It means a person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance.
"Hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.
POWERS PROVIDED BY THE ACT TO CENTRAL GOVTT.….
To make rules to regulate environmental pollution; To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and restriction on the handling of hazardous substances, and location of industries (Sections 3-6).
Under Sec (3): may constitute authority or authorities for the purpose of exercising of performing such of the powers and functions; Under Sec (4): may appoint a person for inspection; Under Sec (5): may issue directions in writing to any officers or any authority to comply; Under Sec (6): it empower the government to make rules to achieve the object of the Act.
Under Sec (7): persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards; Under Sec (8): persons handling hazardous substances must comply with procedural safeguards.
PENALITY….
Whoever Person found to be the cause of pollution, may be liable for punishment for a term which may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15, 16, 17). If not comply fine of Rs. 5000 per day extra, still if not comply for more than one year, then imprisonment may extend up to 7 years.
Section 17 specifies that Head of the department/ incharge of small unit may be liable for punishment if the owner /occupier produce enough evidence of innocence. The state govtt. have power to close or cancel or deny the authorization to run the factory/institution/hospital whichever is causing pollution.
ENVIRONMENTAL LAWS….
Following is a list of the environmental legislations that have come into effect: General, Forest and wildlife, Water, Air etc.
General….
1986 – The Environment (Protection) Act; 1986 – The Environment (Protection) Rules; 1989 – The objective of Hazardous Waste (Management and Handling) Rules; 1989 – The Manufacture, Storage, and Import of Hazardous Rules; 1989 – The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules; 1991 – The Public Liability Insurance Act and Rules and Amendment, 1992
FOREST AND WILDLIFE….
1927 – The Indian Forest Act and Amendment, 1984; 1972 – The Wildlife Protection Act, Rules 1973 and Amendment 1991; 1980 – The Forest (Conservation) Act and Rules, 1981.
WATER….
1882 – The Easement Act ; 1897 – The Indian Fisheries Act ; 1956 – The River Boards Act ; 1970 – The Merchant Shipping Act ; 1974 – The Water (Prevention and Control of Pollution) Act ; 1991 – The Coastal Regulation Zone Notification.
AIR….
1948 – The Factories Act and Amendment in 1987 ; 1981 – The Air (Prevention and Control of Pollution) Act ; 1982 – The Air (Prevention and Control of Pollution) Rules ; 1982 – The Atomic Energy Act ; 1987 – The Air (Prevention and Control of Pollution) Amendment Act ; 1988 – The Motor Vehicles Act.
Posted in environment, marine pollution | Tags: air pollution, environment protection act 1986, land degradation, land pollution, water pollution
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The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in 1991.
- The power conferred by the Environment Protection Act are followed under the following heads:
Introduction
Over the years, together with a spreading of environmental consciousness, there has been a change in the traditionally-held perception that there is a trade-off between environmental quality and economic growth as people have come to believe that the two are necessarily complementary. The current focus on environment is not new—environmental considerations have been an integral part of the Indian culture. The need for conservation and sustainable use of natural resources has been expressed in Indian scriptures, more than three thousand years old and is reflected in the constitutional, legislative and policy framework as also in the international commitments of the country.
Even before India's independence in 1947, several environmental legislation existed but the real impetus for bringing about a well-developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in 1972. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF) in 1985 which today is the apex administrative body in the country for regulating and ensuring environmental protection. After the Stockholm Conference, in 1976, constitutional sanction was given to environmental concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties.
Since the 1970s an extensive network of environmental legislation has grown in the country. The 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.
A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MoEF in 1992, to develop and promote initiatives for the protection and improvement of the environment. The EAP (Environmental Action Programme) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations in to development programmes.
Other measures have also been taken by the government to protect and preserve the environment. Several sector-specific policies have evolved, which are discussed at length in the concerned chapters.
This chapter attempts to highlight only legislative initiatives towards the protection of the environment.
Legislation for environmental protection in India
Water
Water quality standards especially those for drinking water are set by the Indian Council of Medical Research. These bear close resemblance to WHO standards. The discharge of industrial effluents is regulated by the Indian Standard Codes and recently, water quality standards for coastal water marine outfalls have also been specified. In addition to the general standards, certain specific standards have been developed for effluent discharges from industries such as, iron and steel, aluminium, pulp and paper, oil refineries, petrochemicals and thermal power plants. Legislation to control water pollution are listed below.
Water (Prevention and Control of Pollution) Act, 1974
This Act represented India's first attempts to comprehensively deal with environmental issues. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non-compliance. The Act was amended in 1988 to conform closely to the provisions of the EPA, 1986. It set up the CPCB (Central Pollution Control Board) which lays down standards for the prevention and control of water pollution. At the State level, the SPCBs (State Pollution Control Board) function under the direction of the CPCB and the state government.
Water (Prevention and Control of Pollution) Cess Act, 1977
This Act provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. Following this Act, The Water (Prevention and Control of Pollution) Cess Rules were formulated in 1978 for defining standards and indications for the kind of and location of meters that every consumer of water is required to install.
Air
Air (Prevention and Control of Pollution) Act, 1981
To counter the problems associated with air pollution, ambient air quality standards were established, under the 1981 Act. The Act provides means for the control and abatement of air pollution. The Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances, as well as by regulating appliances that give rise to air pollution. Under the Act establishing or operating of any industrial plant in the pollution control area requires consent from state boards. The boards are also expected to test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes.
National Ambient Air Quality Standards (NAAQS) for major pollutants were notified by the CPCB in April 1994. These are deemed to be levels of air quality necessary with an adequate margin of safety, to protect public health, vegetation and property (CPCB 1995 cited in Gupta, 1999). The NAAQS prescribe specific standards for industrial, residential, rural and other sensitive areas. Industry-specific emission standards have also been developed for iron and steel plants, cement plants, fertilizer plants, oil refineries and the aluminium industry. The ambient quality standards prescribed in India are similar to those prevailing in many developed and developing countries.
To empower the central and state pollution boards to meet grave emergencies, the Air (Prevention and Control of Pollution) Amendment Act, 1987, was enacted. The boards were authorized to take immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The power to cancel consent for non-fulfilment of the conditions prescribed has also been emphasized in the Air Act Amendment.
The Air (Prevention and Control of Pollution) Rules formulated in 1982, defined the procedures for conducting meetings of the boards, the powers of the presiding officers, decision-making, the quorum; manner in which the records of the meeting were to be set etc. They also prescribed the manner and the purpose of seeking assistance from specialists and the fee to be paid to them.
Complementing the above Acts is the Atomic Energy Act of 1982, which was introduced to deal with radioactive waste. In 1988, the Motor Vehicles Act, was enacted to regulate vehicular traffic, besides ensuring proper packaging, labelling and transportation of the hazardous wastes. Various aspects of vehicular pollution have also been notified under the EPA of 1986. Mass emission standards were notified in 1990, which were made more stringent in 1996. In 2000 these standards were revised yet again and for the first time separate obligations for vehicle owners, manufacturers and enforcing agencies were stipulated. In addition, fairly stringent Euro I and II emission norms were notified by the Supreme Court on April 29, 1999 for the city of Delhi. The notification made it mandatory for car manufacturers to conform to the Euro I and Euro II norms by May 1999 and April 2000, respectively, for new non-commercial vehicle sold in Delhi.
Forests and wildlife
The Wildlife (Protection) Act, 1972, Amendment 1991
The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or so disabled or diseased as to be beyond recovery (WWF-India, 1999). The near-total prohibition on hunting was made more effective by the Amendment Act of 1991.
The Forest (Conservation) Act, 1980
This Act was adopted to protect and conserve forests. The Act restricts the powers of the state in respect of de-reservation of forests and use of forestland for non-forest purposes (the term 'non-forest purpose' includes clearing any forestland for cultivation of cash crops, plantation crops, horticulture or any purpose other than re-afforestation).
General
Environment (Protection) Act, 1986 (EPA)
This Act is an umbrella legislation designed to provide a framework for the co-ordination of central and state authorities established under the Water (Prevention and Control) Act, 1974 and Air (Prevention and Control) Act, 1981. Under this Act, the central government is empowered to take measures necessary to protect and improve the quality of the environment by setting standards for emissions and discharges; regulating the location of industries; management of hazardous wastes, and protection of public health and welfare.
From time to time the central government issues notifications under the EPA for the protection of ecologically-sensitive areas or issues guidelines for matters under the EPA.
Some notifications issued under this Act are:
- Doon Valley Notification (1989), which prohibits the setting up of an industry in which the daily consumption of coal/fuel is more than 24 MT (million tonnes) per day in the Doon Valley.
- Coastal Regulation Zone Notification (1991), which regulates activities along coastal stretches. As per this notification, dumping ash or any other waste in the CRZ is prohibited. The thermal power plants (only foreshore facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated waste water/cooling water) require clearance from the MoEF.
- Dhanu Taluka Notification (1991), under which the district of Dhanu Taluka has been declared an ecologically fragile region and setting up power plants in its vicinity is prohibited.
- Revdanda Creek Notification (1989), which prohibits setting up industries in the belt around the Revdanda Creek as per the rules laid down in the notification.
- The Environmental Impact Assessment of Development Projects Notification, (1994 and as amended in 1997). As per this notification:
- All projects listed under Schedule I require environmental clearance from the MoEF.
- Projects under the delicenced category of the New Industrial Policy also require clearance from the MoEF.
- All developmental projects whether or not under the Schedule I, if located in fragile regions must obtain MoEF clearance.
- Industrial projects with investments above Rs 500 million must obtain MoEF clearance and are further required to obtain a LOI (Letter Of Intent) from the Ministry of Industry, and an NOC (No Objection Certificate) from the SPCB and the State Forest Department if the location involves forestland. Once the NOC is obtained, the LOI is converted into an industrial licence by the state authority.
- The notification also stipulated procedural requirements for the establishment and operation of new power plants. As per this notification, two-stage clearance for site-specific projects such as pithead thermal power plants and valley projects is required. Site clearance is given in the first stage and final environmental clearance in the second. A public hearing has been made mandatory for projects covered by this notification. This is an important step in providing transparency and a greater role to local communities.
- Ash Content Notification (1997), required the use of beneficiated coal with ash content not exceeding 34% with effect from June 2001, (the date later was extended to June 2002). This applies to all thermal plants located beyond one thousand kilometres from the pithead and any thermal plant located in an urban area or, sensitive area irrespective of the distance from the pithead except any pithead power plant.
- Taj Trapezium Notification (1998), provided that no power plant could be set up within the geographical limit of the Taj Trapezium assigned by the Taj Trapezium Zone Pollution (Prevention and Control) Authority.
- Disposal of Fly Ash Notification (1999) the main objective of which is to conserve the topsoil, protect the environment and prevent the dumping and disposal of fly ash discharged from lignite-based power plants. The salient feature of this notification is that no person within a radius of 50 km from a coal-or lignite-based power plant shall manufacture clay bricks or tiles without mixing at least 25% of ash with soil on a weight-to-weight basis. For the thermal power plants the utilisation of the flyash would be as follows:
- Every coal-or lignite-based power plant shall make available ash for at least ten years from the date of publication of the above notification without any payment or any other consideration, for the purpose of manufacturing ash-based products such as cement, concrete blocks, bricks, panels or any other material or for construction of roads, embankments, dams, dykes or for any other construction activity.
- Every coal or lignite based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilisation of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan.[1]
Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms/Genetically Engineered Organisms or Cell were introduced in 1989 with the view to protect the environment, nature and health in connection with gene technology and micro-organisms, under the Environmental Protection Act, 1986. The government in 1991, further decided to institute a national label scheme for environmentally-friendly products called the 'ECOMARK'. The scheme attempts to provide incentives to manufactures and importers to reduce adverse environmental impacts, reward genuine initiatives by companies, and improve the quality of the environment and sustainability of available resources. Besides the above attempts, notifications pertaining to Recycled Plastics Manufacture and Usage Rules, 1999 were also incorporated under the Environment (Protection) Act of 1986.
The Environment (Protection) Rules, 1986
These rules lay down the procedures for setting standards of emission or discharge of environmental pollutants. The Rules prescribe the parameters for the Central Government, under which it can issue orders of prohibition and restrictions on the location and operation of industries in different areas. The Rules lay down the procedure for taking samples, serving notice, submitting samples for analysis and laboratory reports. The functions of the laboratories are also described under the Rules along with the qualifications of the concerned analysts.
The National Environment Appellate Authority Act, 1997
This Act provided for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industry operation or process or class of industries, operations or processes could not carry out or would be allowed to carry out subject to certain safeguards under the Environment (Protection) Act, 1986.
In addition to these, various Acts specific to the coal sector have been enacted. The first attempts in this direction can be traced back to the Mines Act, 1952, which promoted health and safety standards in coal mines. Later the Coal Mines (Conservation and Development) Act (1974) came up for conservation of coal during mining operations. For conservation and development of oil and natural gas resources a similar legislation was enacted in 1959.
Hazardous wastes
There are several legislation that directly or indirectly deal with hazardous waste. The relevant legislation are the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment Tribunal Act, 1995 and some notifications under the Environmental Protection Act of 1986. A brief description of each of these is given below.
Under the EPA 1986, the MoEF has issued several notifications to tackle the problem of hazardous waste management. These include:
- Hazardous Wastes (Management and Handling) Rules, 1989, which brought out a guide for manufacture, storage and import of hazardous chemicals and for management of hazardous wastes.
- Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines, for proper disposal, segregation, transport etc. of infectious wastes.
- Municipal Wastes (Management and Handling) Rules, 2000, whose aim was to enable municipalities to dispose municipal solid waste in a scientific manner.
- Hazardous Wastes (Management and Handling) Amendment Rules, 2000, a recent notification issued with the view to providing guidelines for the import and export of hazardous waste in the country.
Factories Act, 1948 and its Amendment in 1987
The Factories Act, 1948 was a post-independence statute that explicitly showed concern for the environment. The primary aim of the 1948 Act has been to ensure the welfare of workers not only in their working conditions in the factories but also their employment benefits. While ensuring the safety and health of the workers, the Act contributes to environmental protection. The Act contains a comprehensive list of 29 categories of industries involving hazardous processes, which are defined as a process or activity where unless special care is taken, raw materials used therein or the intermediate or the finished products, by-products, wastes or effluents would:
- Cause material impairment to health of the persons engaged
- Result in the pollution of the general environment
Public Liability Insurance Act (PLIA), 1991
The Act covers accidents involving hazardous substances and insurance coverage for these. Where death or injury results from an accident, this Act makes the owner liable to provide relief as is specified in the Schedule of the Act. The PLIA was amended in 1992, and the Central Government was authorized to establish the Environmental Relief Fund, for making relief payments.
National Environment Tribunal Act, 1995
The Act provided strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to give relief and compensation for damages to persons, property and the environment and for the matters connected therewith or incidental thereto.[2]
International agreements on environmental issues
India is signatory to a number of multilateral environment agreements (MEA) and conventions. An overview of some of the major MEAs and India's obligations under these is presented below. These are discussed at length in the respective chapters.
Convention on International Trade in Endangered Species of wild fauna and flora (CITES), 1973
The aim of CITES is to control or prevent international commercial trade in endangered species or products derived from them. CITES does not seek to directly protect endangered species or curtail development practices that destroy their habitats. Rather, it seeks to reduce the economic incentive to poach endangered species and destroy their habitat by closing off the international market. India became a party to the CITES in 1976. International trade in all wild flora and fauna in general and species covered under CITES is regulated jointly through the provisions of The Wildlife (Protection) Act 1972, the Import/Export policy of Government of India and the Customs Act 1962 (Bajaj, 1996).
Montreal Protocol on Substances that deplete the Ozone Layer (to the Vienna Convention for the Protection of the Ozone Layer), 1987
The Montreal Protocol to the Vienna Convention on Substances that deplete the Ozone Layer, came into force in 1989. The protocol set targets for reducing the consumption and production of a range of ozone depleting substances (ODS). In a major innovation the Protocol recognized that all nations should not be treated equally. The agreement acknowledges that certain countries have contributed to ozone depletion more than others. It also recognizes that a nation's obligation to reduce current emissions should reflect its technological and financial ability to do so. Because of this, the agreement sets more stringent standards and accelerated phase-out timetables to countries that have contributed most to ozone depletion (Divan and Rosencranz, 2001).
India acceded to the Montreal Protocol along with its London Amendment in September 1992. The MoEF has established an Ozone Cell and a steering committee on the Montreal Protocol to facilitate implementation of the India Country Program, for phasing out ODS production by 2010.
To meet India's commitments under the Montreal Protocol, the Government of India has also taken certain policy decisions.
- Goods required to implement ODS phase-out projects funded by theMultilateral Fund are fully exempt from duties. This benefit has been also extended to new investments with non-ODS technologies.
- Commercial banks are prohibited from financing or refinancing investments with ODS technologies.
The Gazette of India on 19 July 2000 notified rules for regulation of ODS phase-out called the Ozone Depleting Substances (Regulation and Control) Rules, 2000. They were notified under the Environment (Protection) Act, 1986. These rules were drafted by the MoEF following consultations with industries and related government departments.
Basel Convention on Transboundary Movement of Hazardous Wastes, 1989
Basel Convention, which entered into force in 1992, has three key objectives:
- To reduce transboundary movements of hazardous wastes;
- To minimize the creation of such wastes; and
- To prohibit their shipment to countries lacking the capacity to dispose hazardous wastes in an environmentally sound manner.
India ratified the Basel Convention in 1992, shortly after it came into force. The Indian Hazardous Wastes Management Rules Act 1989, encompasses some of the Basel provisions related to the notification of import and export of hazardous waste, illegal traffic, and liability.
UN Framework Convention on Climate Change (UNFCCC), 1992
The primary goals of the UNFCCC were to stabilize greenhouse gas emissions at levels that would prevent dangerous anthropogenic interference with the global climate. The convention embraced the principle of common but differentiated responsibilities which has guided the adoption of a regulatory structure.
India signed the agreement in June 1992, which was ratified in November 1993. As per the convention the reduction/limitation requirements apply only to developed countries. The only reporting obligation for developing countries relates to the construction of a GHG inventory. India has initiated the preparation of its First National Communication (base year 1994) that includes an inventory of GHG sources and sinks, potential vulnerability to climate change, adaptation measures and other steps being taken in the country to address climate change. The further details on UNFCC and the Kyoto Protocol are provided in Atmosphere and climate chapter.
Convention on Biological Diversity, 1992
The Convention on Biological Diversity (CBD) is a legally binding, framework treaty that has been ratified until now by 180 countries. The CBD has three main thrust areas: conservation of biodiversity, sustainable use of biological resources and equitable sharing of benefits arising from their sustainable use.
The Convention on Biological Diversity came into force in 1993. Many biodiversity issues are addressed in the convention, including habitat preservation, intellectual property rights, biosafety, and indigenous peoples' rights.
India's initiatives under the Convention are detailed in the chapter on Biodiversity. These include the promulgation of the Wildlife (Protection) Act of 1972, amended in 1991; and participation in several international conventions such as CITES.
UN Convention on Desertification, 1994
Delegates to the 1992 UN Conference on Environment and Development (UNCED) recommended establishment of an intergovernmental negotiating committee for the elaboration of an international convention to combat desertification in countries experiencing serious drought and/or desertification. The UN General Assembly established such a committee in 1992 that later helped formulation of Convention on Desertification in 1994.
The convention is distinctive as it endorses and employs a bottom-up approach to international environmental cooperation. Under the terms of the convention, activities related to the control and alleviation of desertification and its effects are to be closely linked to the needs and participation of local land-users and non-governmental organizations. Seven countries in the South Asian region are signatories to the Convention, which aims at tackling desertification through national, regional and sub-regional action programmes. The Regional Action Programme has six Thematic Programme Networks (TPN's) for the Asian region, each headed by a country task manager. India hosts the network on agroforestry and soil conservation. For details refer to the land resource chapter.
International Tropical Timber Agreement and The International Tropical Timber Organisation (ITTO), 1983, 1994
The ITTO established by the International Tropical Timber Agreement (ITTA), 1983, came into force in 1985 and became operational in 1987 [3]. The ITTO facilitates discussion, consultation and international cooperation
An assessment of the legal and regulatory framework for environmental protection in India
The extent of the environmental legislation network is evident from the above discussion but the enforcement of the laws has been a matter of concern. One commonly cited reason is the prevailing command and control nature of the environmental regime. Coupled with this is the prevalence of the all-or–nothing approach of the law; they do not consider the extent of violation. Fines are levied on a flat basis and in addition, there are no incentives to lower the discharges below prescribed levels.
Some initiatives have addressed these issues in the recent past. The Government of India came out with a Policy Statement for Abatement of Pollution in 1992, before the Rio conference, which declared that market-based approaches would be considered in controlling pollution. It stated that economic instruments will be investigated to encourage the shift from curative to preventive measures, internalise the costs of pollution and conserve resources, particularly water. In 1995, the Ministry of Environment and Forest (MoEF) constituted a task force to evaluate market-based instruments, which strongly advocated their use for the abatement of industrial pollution. Various economic incentives have been used to supplement the command-and-control policies. Depreciation allowances, exemptions from excise or customs duty payment, and arrangement of soft loans for the adoption of clean technologies are instances of such incentives. Another aspect that is evident is the shift in the focus from end-of-pipe treatment of pollution to treatment at source. The role of remote sensing and geographical information systems in natural resource management and environmental protection has also gained importance over time (Box 2.1).
An important recent development is the rise of judicial activism in the enforcement of environmental legislation. This is reflected in the growth of environment-related public litigation cases that have led the courts to take major steps such as ordering the shut-down of polluting factories.
Agenda 21 highlights the need for integration of environmental concerns at all stages of policy, planning and decision-making processes including the use of an effective legal and regulatory framework, economic instruments and other incentives. These very principles were fundamental to guiding environmental protection in the country well before Rio and will be reinforced, drawing on India's own experiences and those of other countries.
References
- Bajaj R. 1996
CITES and the wildlife trade in India
New Delhi: Centre for Environmental Law, WWF-India. 182 pp.
- Divan S and Rosencranz A. 2001
Environmental law and policy in India, cases, materials and statutes, 2nd edition
New York: Oxford University Press. 837 pp.
- Gupta S.1999
Country environment review, policy measures for sustainable development
Discussion paper, October 1999 prepared for Asian Development Bank, Programs Department (West)
New Delhi: Delhi School of Economics. 127 pp.
- International Tropical Timber Organisation
Accessed in November 2001
- MoEF
Ministry of Environment & Forests, Government of India
Accessed on 24-9-2001
- WWF-India. 1999
Strengthening Environmental Legislation in India
Prepared for Asian Development Bank, Manila and Ministry of Environment and Forests, Government of India
Centre for Environmental Law, WWF-India
Notes:
[1] Details of the notification available on http://envfor.nic.in/legis/hsm/flyash.html
[2] For details refer to http://envfor.nic.in
[3] For details refer to the web site: www.itto.or.jp/Index.html
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Washington: US officials Thursday declared the oil leak in the Gulf of Mexico to be of "national significance," signalling the full engagement by the federal government and possibly the military in containing the damage.
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Pressure mounts on British oil giant to tackle slick
Inmates could help oil clean-up
Criticism of BP is mounting in the US over its handling of the giant oil spill in the Gulf of Mexico.
Calls for swifter action were led by Homeland Security Secretary Janet Napolitano, who urged BP to commit more resources to tackling the catastrophe.
The British energy giant was also criticised by President Barack Obama and Louisiana Governor Bobby Jindal.
The sprawling oil slick has begun washing up on the Louisiana coast and is threatening three other states.
Up to 5,000 barrels of oil a day are gushing into the sea after the BP-operated Deepwater Horizon rig exploded and sank last week.
BP's chief executive Tony Hayward is flying to Louisiana later to personally oversee the emergency mop-up operation.
Wildlife casualties
Analysts say it could soon rival the 1989 Exxon Valdez disaster as the worst spill in US history.
 |  BP is ultimately responsible  President Barack Obama  |
Mississippi and Alabama have joined Louisiana and Florida in declaring a state of emergency.
Animal rescue groups have been receiving their first patients - seabirds coated in oil.
Worsening weather conditions have been hampering efforts to contain the slick, which is more than 130 miles (200km) long.
Choppy seas were driving oil over inflatable booms set up to protect the coastline.
And forecasters said strong winds could push the oil into inlets, ponds and lakes in south-east Louisiana over the weekend.
The homeland security secretary flew into Louisiana on Friday to deliver a stark message to BP, which had been leasing the rig.
"We continue to urge BP to leverage additional assets to help lead the response in this effort," said Ms Napolitano.
After several unsuccessful attempts to plug the leak, she said, it was "time for BP to supplement their current mobilisation".
Some 1,900 emergency workers and more than 300 ships and aircraft are being sent to the disaster zone, President Barack Obama has announced.
In a White House statement, he said BP was "ultimately responsible... for paying the costs of response and clean-up operations".
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The president said he had asked Interior Secretary Ken Salazar to conduct a "thorough review" of the catastrophe and report back in 30 days on ways to prevent a repeat.
 Wetlands off the Louisiana coast sustain hundreds of wildlife species |
As the first strands of the slick reached Louisiana's coast, Governor Jindal said the oil firm did not seem prepared for the clean-up job.
"I do have concerns that BP's resources are not adequate," he said.
The first lawsuits have already been filed on behalf of fisherman, in what could end up as a barrage of litigation.
BP spokeswoman Sheila William told AFP news agency the energy firm was prepared to assume costs for the clean-up and for damages.
The oil giant's chief operating officer, Doug Suttles, said it had mounted "the largest response effort ever done in the world".
BP says it has begun using dispersants underwater in an attempt to break up the leaking oil at its source.
The oil giant has also dispatched remotely operated vehicles to try to shut off an underwater valve, so far without success.
The firm is also having a relief-well drilled to slow the leak, though experts say that could take up to three months.
Drilling on hold
US Air Force planes have been deployed to spray oil-dispersing chemicals off the coast of Louisiana.
|  |
Two C-130 Hercules cargo planes will join civilian aircraft that have been dumping chemicals to break up the slick.
The US Navy and Louisiana National Guard have also been mobilised.
Fishermen - who face losing their livelihood from the spill - have been drafted in to help.
Wetlands off the Louisiana coast sustain hundreds of wildlife species and a major seafood and fishing industry.
The cause of last week's blast, which left 11 workers missing, presumed dead, remains unclear.
It has emerged that BP last year downplayed the possibility of such a disaster at the offshore rig.
In BP's 2009 exploration plan for the well, the firm suggested an oil spill was unlikely or virtually impossible, AP news agency reports.
The US government said on Friday it was putting on hold all new offshore drilling until the cause of the spill is investigated.
Last month, President Obama eased a moratorium on new offshore drilling.
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| Oil hits Louisiana shore 45 minutes ago - CBC.ca | |
| As disaster looms, Obama suspends coastal drilling policy 22 hours ago - Atlanta Journal Constitution (blog) | |
| Oil slick threatens 'frightening' impacts Apr 30, 2010 - BBC News | |
| BP downplayed oil-rig disaster risk Apr 30, 2010 - CBC.ca | |
| Worst-Case Scenario: Fighting the Gulf Oil Spill Apr 30, 2010 - TIME | |
| Navy Joins Oil-Spill Fight Apr 29, 2010 - Wall Street Journal | |
| Government sends skimmers, other gear to oil spill Apr 29, 2010 - The Associated Press | |
| White House Rebrands the "BP Oil Spill" Apr 29, 2010 - The Atlantic | |
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