1 / 23

Environmental protection under Indian constitution

Environmental protection under Indian constitution The 42nd Amendment to the constitution brought about in the year 1974 inserted two new Articles namely.

kostya
Download Presentation

Environmental protection under Indian constitution

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Environmental protection under Indian constitution • The 42nd Amendment to the constitution brought about in the year 1974 inserted two new Articles namely. • Art. 48-A under Directive principles of State Policy, making it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. • Art. 51-A (g) under Fundamental duties of citizens; making it the fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

  2. Important sections of EPA, 1986 Section 2 – define the terms, environment, environmental pollutant, environmental pollution and hazardous substance. Section 3 : Power of Central Government to take measures to protect and improve environment. Section 4 : Appointment of officers and their powers and functions for the purpose of this Act. Section 5 : Power to give directions to the closure, prohibition or regulation of industry, operation or process; or stoppage or regulation of the supply of electricity or water or any other service.

  3. EPA • Section 6 : Rules to regulate environmental pollution. • (a) Standards of quality of air, water or soil for various areas and purposes; • Maximum allowable limits of concentrations of environmental pollutants (including noise) • Procedures and safeguards for handling hazardous substances. • Prohibition and restriction on the handling of • hazardous substances in different areas. • Prohibition and restriction on the location of industries and carrying on of processes and operations in different areas • Procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.

  4. The Public liability Insurance Act, 1991, provides for mandatory insurance for the purpose of providing immediate relief to the persons affected by accidents occurring while handling any hazardous substance. The National Environmental Tribunal Act, 1995 seeks to constitute a tribunal with Benches to award compensation for damage to persons, property and the environment arising out of any activity involving hazardous substances. All these Acts are amended from time to time to rationalize and expand their scope, coverage and penal provisions.

  5. 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

  6. Wildlife Protection Act • The Wildlife Protection Act of 1972 refers to a sweeping package of legislation enacted in 1972 by the Government of India • Before 1972, India only had five designated National parks. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.

  7. FOREST (CONSERVATION) ACT, 1980 A commitment of the central Government for the cause of Environmental conservation and Sustainable development

  8. OBJECTIVES • FC ACT, 1980 - a Regulatory Act, not prohibitory • The Act is an interface between conservation and development • Permits judicious and regulated use of forest land for non-forestry purposes

  9. Background • Indiscriminate and massive diversion of forest land for non forestry purposes since independence. • Approximately 4.3 million ha. of forest land diverted during 1950 to 1980 for non forestry purposes. • The subject “forest” was brought in the concurrent list in 1977. • In 1980, the Forest (Conservation) Act was enacted for providing a higher level of protection to the forests and to regulate diversion of forest lands for non forestry purposes.

  10. FC Act – Main features • FC ACT, 1980 – Prior approval of the Central Government is essential for de-reservation of forest lands and / or diversion of forest lands for non-forestry purposes. • The Act is an interface between conservation and development. • Permits judicious and regulated use of forest land for non-forestry purposes -- By its order of 1996, the Apex Court has extended the provisions of the Act to all forests irrespective of ownership

  11. Procedure for Forest Clearance • Proposals recommended by the State / UT Govts. forwarded to the Central Govt. for approval under Section 2 of the Act. • Proposals examined by Forest Advisory Committee (FAC) constituted under Section 3 of the Act. • Decisions taken on the basis of the recommendations of the FAC. • FC Rules, 2003 prescribe specific time limits for processing the cases.

  12. Impact of the Act During 1950-80, the rate of diversion of forest land for non-forestry purposes was – 1,50,000 hectares per annum After enactment of the FC Act, 1980, the rate of diversion of forest land for non-forestry purposes came down to about 35,000 ha per annum

  13. Sector-Wise area diverted under FC Act, 1980 (%)

  14. Policy Initiatives of MoEF Simplified Format of Application Specific time limit for States and Central Govt. for expeditious processing of proposals (90/60 days for State Governments for fresh/renewal cases and 60 days for Central Government) Regional Offices to process cases up to 40 ha (increased from 20 ha) Site inspection by Regional Offices mandatory for proposals involving more than 100 ha of forest land (increased from 40 ha)

  15. Policy Initiatives Contd.. General approval for underground laying of electrical cables and electric wires, drinking water supply/water pipelines, telephone lines, etc. General approval, up to 1 ha, for public utility projects, to be executed by Government Departments, like schools, dispensary/hospital, electric and telecommunication lines, drinking water, rainwater harvesting structure, minor irrigation canal, non-conventional sources of energy, skill up-gradation/vocational training centre, power sub stations, communication posts and police establishments like police stations/outposts/watch towers.

  16. Forest Advisory Committee (FAC) • FAC is a seven member Committee under the chairmanship of DGF & SS, MoEF. • Three non official members – eminent experts in forestry and allied disciplines – appointed for a period of two years. • ADGF, MoEF; Additional Commissioner (Soil Conservation), Ministry of Agriculture , IGF (FC) -- Member Secretary • Meeting not less than once a month, generally at New Delhi • Quorum is Three.

  17. Conditions stipulated ….. Certain conditions are stipulated at the time of granting approval under FC Act: • Compensatory Afforestation, • Catchment Area Treatment, • Phased Reclamation of mining area • Safety zone Area • Rehabilitation of Project affected families, if any. • Muck disposal plan • Wildlife management plan etc.

  18. CA, NPV etc. • On the directions of the Apex court in 2002, a Net Present Value (NPV) of the forest land being diverted is being charged from the User Agencies. • NPV – intrinsic cost of the land, tangible and intangible benefits of the forest area. • NPV charged @ Rs.5.8 lakh to Rs.9.2 lakh per ha depending on the type & density of the diverted forest land. • At present all the funds received from the State govts. / User Agencies are being deposited in Ad-hoc CAMPA.

  19. CAMPA • CAMPA was constituted by the Central Government vide notification dated 23.04.2004. • CAMPA is the custodian of CA Fund–including all funds received from User Agencies--CA, NPV, CAT Plan, Penal CA Etc. • The funds are meant to be disbursed to the State/UT governments after receiving their proposals as per an Annual Plan of Operation (AOP). • The funds are mainly meant to compensate the loss of forests and ecological services and to facilitate regeneration of the services provided by the forests.

  20. Concerns of Central Government Poor achievement of Compensatory Afforestation (CA) CA not being done on identified areas Non-forest land for CA not being declared RF/PF Land bank not identified in most of the States

  21. Concerns Contd.. Quarterly progress report of General Approval granted by States not being received Delay in processing of proposals under the FC Act at the State/ UT Government level In-spite of a fast track mechanism in place for processing of proposals for Indo-China border roads extremely slow

  22. Concerns… • CAMPA to be made fully functional. • Mechanism for management and disbursement of funds to the State Governments to be streamlined. • Monitoring and evaluation systems to be evolved and implemented. • Overseeing effective implementation of CA schemes, CAT Plans, Reclamation Plan etc. • Future guidelines to be issued under the Act .

  23. Thank You.

More Related