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1
UNDERSTANDING ENVIRONMENT
UNIT 1
What is Environment? 5
UNIT 2
Nature and Ecosystem 32
UNIT 3
Environment and Law 54
UNIT 4
Origin of Environmental Law 73
Expert Committee
Prof. N.R. Madhava Menon Dr. R.D. Jakati
Chairman, Former Director Director
National Judicial Academy Indira Gandhi National Forest Academy
Bhopal Member,
Dr. Vinod B. Mathur
Commission on Centre-
Dean, Wildlife Institute of India
States Relations, New Delhi
Mr. Samir Sinha
Prof. B.B. Pande Former
Head, Traffic – India
Professor of Criminology
Delhi University Mr. Raj Panjwani
Senior Advocate, Supreme Court
Justice Madan B. Lokur Chief
Justice, Guwahati High Court, WWF-IGNOU EC Members:
Guwahati
Mr. VN Rajasekharan Pillai
Dr. Luther Rangreji Vice-Chancellor, IGNOU
Senior Legal Officer
Legal & Treaties Division Mr. Ravi Singh
Ministry of External Affairs SG & CEO, WWF-India
One of the principle features of School of Law, IGNOU and Centre for
Environmental Law, WWF-India’s educational activities is the Post Graduate
Diploma Programme in Environmental Law. Jointly being launched in 2010, the
Diploma is the first such comprehensive programme for enviro-legal education
catering to India and International students and professionals. Special emphasis
is on conservation and environmental issues, which lie at the core of all
environmental law, the study of which enables participants to determine the
effectiveness or ineffectiveness of the respective law.
We wish you get the best from MLE-021 and also urge you to join the community
thinking and acting for environment well being.
Unit 2 – Nature and Ecosystem: Without understanding how the fragile link
between Nature and Ecosystem existed from time immemorial it would be
difficult to move forward into the subject of Environment.
4
What is Environment?
UNIT 1 WHAT IS ENVIRONMENT?
structure
1.1 Introduction
1.2 Objectives
1.3 The Indian Environment: A Historical Perspective
1.4 The World Environment: A Timeline
1.5 The Crisis
1.6 Summary
1.7 Terminal Questions
1.8 Answers and Hints
1.9 References and Suggested Readings
1.10 Bibliography
1.1 INTRODUCTION
Of the several processes that all human societies in all ages have had in common,
none has been more fundamental than their continual interaction with their natural
environment. In fact, more than any other aspect of human endeavour, the diverse
modes of human societal interaction with the larger ecological setting provide
the basis for a genuinely global history of humanity. But, unlike so many of the
other themes and patterns from which world history can be constructed,
environmental history transcends the human experience. Due to the profound
technological and scientific transformations that have occurred over the past
millennium, it has come to effect – often fatally in recent centuries – every species
of living creature on earth.[1]
If we study the natural history of the areas in which we live, we would see that
our surroundings were originally a natural landscape, such as a forest, a river, a
mountain, a desert or a combination of these elements. Most of us live in
landscapes that have been profoundly modified by human beings. Our dependence
on nature is so great that we cannot continue to live without protecting the Earth’s
environmental resources. Most traditional societies have learned that respecting
nature is vital in protecting their own livelihoods. This had led to many cultural
practices that have helped traditional societies protect and preserve their natural
resources. Respect for nature and all living creatures is not new to India; all our 5
Understanding traditions are based on these values. Emperor Ashoka’s edict proclaimed that all
Environment
forms of life are important for our well-being, and this was as far back as the 4th
century BC.
1.2 OBJECTIVES
After studying the unit, the learners should be able to:
• study the meaning of the natural environment;
• throw light on the evolution of environmental awareness and conservation
efforts across India and the world from a historical perspective;
• examine the various environmental crises the world faces today;
• study the concept of sustainable development and its relevance in today’s
age; and
• examine environmentalism and its contribution in conservation of the
environment.
Meaning
The word “environment” is most commonly used to describe the natural
environment and means the sum of all living and non-living things that surround
an organism, or group of organisms.[3] Environment includes all elements, factors,
and conditions that can have an impact on the growth and development of a
certain organism. Environment includes both biotic and abiotic factors that
influence an organism. Abiotic factors include light, temperature, water,
atmospheric gases etc., while biotic factors include all surrounding living species.
The environment often changes after some time and therefore many organisms
have the ability to adapt to these changes.
The environment is the totality of all the external conditions affecting the life,
development and survival of an organism.[4] It consists of the naturally produced
physical surroundings on which humanity is entirely dependent in all its activities.
The various uses to which these surroundings are put for economic ends are
called environmental functions. The natural environment, commonly referred
to simply as “the environment”, encompasses all living and non-living things
occurring naturally on Earth or some region thereof.
The concept of the natural environment can be distinguished by components:
• Complete ecological units that function as natural systems without massive
human intervention, including all vegetation, animals, microorganisms, soil,
rocks, atmosphere and natural phenomena that occur within their boundaries.
• Universal natural resources and physical phenomena that lack clear-cut
boundaries, such as air, water, and climate, as well as energy, radiation, electric
charge, and magnetism, not originating from human activity.
The natural environment is contrasted with the built environment, which
comprises the areas and components that are strongly influenced by humans.
Self Assessment Question
1) What is environment? What is the Concept of natural environment?
................................................................................................................
................................................................................................................
6
Biogeochemical cycles What is Environment?
Chloroplasts conduct photosynthesis and are found in plant cells and other
eukaryotic organisms. These are Chloroplasts visible in the cells of Plagiomnium
affine — Many-fruited Thyme-moss.
Global biogeochemical cycles are critical to life, most notably those of water,
oxygen, carbon, nitrogen and phosphorus.[29]
The phosphorus cycle is the movement of phosphorus through the lithosphere, hydrosphere,
and biosphere. The atmosphere does not play a significant role in the movements of
phosphorus, because phosphorus and phosphorus compounds are usually solids at the typical
ranges of temperature and pressure found on Earth.
7
Understanding
Environment
The carbon cycle is the biogeochemical cycle by which carbon is exchanged among the
biosphere, pedosphere, geosphere, hydrosphere, and atmosphere of the Earth.
The oxygen cycle is the movement of oxygen within and between its three main reservoirs:
the atmosphere, the biosphere, and the lithosphere. The main driving factor of the oxygen
cycle is photosynthesis, which is responsible for the modern Earth’s atmospheric composition
and life.
8
What is Environment?
The water cycle, is the continuous movement of water on, above, and below the surface of
the Earth. Water can change states among liquid, vapour, and ice at various places in the
water cycle. Although the balance of water on Earth remains fairly constant over time,
individual water molecules can come and go.
India has some of the world’s most biodiverse regions. The political boundaries
of India encompass a wide range of ecozones — desert, high mountains,
highlands, tropical and temperate forests, swamplands, plains, grasslands, areas
surrounding rivers, as well as island archipelago. It hosts three biodiversity
hotspots: the Western Ghats, the Eastern Himalayas, and the hilly ranges that
straddle the India-Myanmar border. These hotspots have numerous endemic
species[11].
India, for the most part, lies within the Indomalaya ecozone, with the upper
reaches of the Himalayas forming part of the Palearctic ecozone; the contours of
2000 to 2500 m are considered to be the altitudinal boundary between the Indo-
Malayan and Palearctic zones. India displays significant biodiversity. One of
eighteen megadiverse countries, it is home to 7.6% of all mammalian, 12.6% of
10
all avian, 6.2% of all reptilian, 4.4% of all amphibian, 11.7% of all fish, and What is Environment?
6.0% of all flowering plant species.[11]
Asiatic Lion
Indian Rhinoceros
11
Understanding The region is also heavily influenced by summer monsoons that cause major
Environment
seasonal changes in vegetation and habitat. India forms a large part of the
Indomalayan biogeographical zone and many of the floral and faunal forms show
Malayan affinities with only a few taxa being unique to the Indian region. The
unique forms includes the snake family Uropeltidae found only in the Western
Ghats and Sri Lanka. Fossil taxa from the Cretaceous show links to the Seychelles
and Madagascar chain of islands.
The Cretaceous fauna include reptiles, amphibians and fishes and an extant species
demonstrating this phylogeographical link is the Purple Frog. The separation of
India and Madagascar is traditionally estimated to have taken place about 88
million years ago. However there are suggestions that the links to Madagascar
and Africa were present even at the time when the Indian subcontinent met
Eurasia. India has been suggested as a ship for the movement of several African
taxa into Asia. These taxa include five frog families (including the
Myobatrachidae), three caecilian families, a lacertid lizard and freshwater snails
of the family Potamiopsidae.[12]
A fossil tooth of what is believed to be of a lemur-like primate from the Bugti
Hills of central Pakistan however has led to suggestions that the lemurs may
have originated in Asia. These fossils are however from the Oligocene (30 million
years ago) and have led to controversy. Lemur fossils from India in the past led
to theories of a lost continent called Lemuria. This theory however was dismissed
when continental drift and plate tectonics became well established.
The flora and fauna of India have been studied and recorded from early times in
folk traditions and later by researchers following more formal scientific
approaches (See Natural history in India). Game laws are reported from the third
century BC.[13] A little under 5% of this total area is formally classified under
protected areas.
India is home to several well known large mammals including the Asian Elephant,
Bengal Tiger, Asiatic Lion, Leopard and Indian Rhinoceros. Some of these animals
are engrained in culture, often being associated with deities. These large mammals
are important for wildlife tourism in India and several national parks and wildlife
sanctuaries cater to these needs. The popularity of these charismatic animals
have helped greatly in conservation efforts in India. The tiger has been particularly
important and Project Tiger started in 1972 was a major effort to conserve the
tiger and its habitats. Project Elephant, though less known, started in 1992 and
works for elephant protection.
Most of India’s rhinos today survive in the Kaziranga National Park. Other well
known large Indian mammals include ungulates such as the Water Buffalo, Nilgai,
Gaur and several species of deer and antelope. Some members of the dog family
such as the Indian Wolf, Bengal Fox, Golden Jackal and the Dhole or Wild Dogs
are also widely distributed. It is also home to the Striped Hyaena. Many smaller
animals such as the Macaques, Langurs and Mongoose species are especially
well known due to their ability to live close to or inside urban areas.
Self Assessment Question
3) Explain Flora and Fauna?
................................................................................................................
................................................................................................................
12
Biodiversity What is Environment?
There is insufficient information about the invertebrate and lower forms of India
with significant work having been done only in a few groups of insects notably
the butterflies, odonates, hymenoptera, the larger coleoptera and heteroptera.
Few concerted attempts to document the biodiversity have been made since the
publication of the Fauna of British India series.
There are about 2546 species of fishes (about 11% of the world species) found in
Indian waters. About 197 species of amphibians (4.4% of the world total) and
more than 408 reptile species (6% of the world total) are found in India. Among
these groups the highest levels of endemism are found in the amphibians. There
are about 1250 species of birds from India with some variations depending on
taxonomic treatments accounting for about 12% of the world species. There are
about 410 species of mammals known from India which is about 8.86% of the
world species.
• Air pollution was common in large towns long before the industrial
revolution. The pollution came from dust, wood smoke, tanneries, animal
manure and other things.
• Water pollution was less severe in some civilisations. Israeli and Hindu cities
tended to have less water pollution due to strict religious codes about
cleanliness. On the other hand, ancient Rome was notorious for sewage-
filled streets.
• Timbering stripped the forests of Babylon, Greece, Phonecia (Lebanon) and
Italy with the rise of civilisation. The wood energy crisis led Greeks to use
passive solar energy by orienting their cities and houses toward the sun.
Romans made some use of solar energy but imported wood for timber and
fuel from as far away as the Black Sea. Both Greeks and Romans kept sacred
groves of trees from being timbered.
13
Understanding • Soil conservation was not widely practiced in the Mediterranean, but cultures
Environment
in China, India and Peru understood the long term impact of soil erosion and
tried to prevent it.
• Lead poisoning was common among upper class Romans who used lead-
sweetened wine and grape pulp sweetened with “sugar of lead” as a
condiment.
Woman looking through microscope is amazed at bacteria in water in a 19th century British
cartoon.
15
Understanding • Living conditions in urban areas horrify reform minded commissions in
Environment
London in the 1840s and America in the 1850s and 60s. Progress is slow but
the common interest in pure drinking water and sanitation is spurred by
epidemics of typhoid and cholera.
• Smog episodes begin killing residents of large cities like London.
• Conservation of wilderness areas begins with the felling of an enormous
tree, called the “Mother of the Forest” in 1851. The outrage over the act
leads to calls for a national park system.
London Fog of 1956 was so thick that walking bus escorts were needed at 10 a.m.
• Midwestern corn, not oil industry synthetics, helped roll allies to victory
over the Nazis. Synthetic rubber and chemicals from renewable resources
proved vital to winning WWII. (Bernton, 1982)
• Sand County Almanac by forester Aldo Leopold, published in 1948 just
after his death, expresses the expanding sense of human responsibility, not
only for each other but also for the earth. .
• Deadly smog episodes in Donora Penn. (1948), London (1952, 1956), New
York (1953), and Los Angeles (1954) create the perception that an air pollution
crisis is underway. In 1955 the first international air pollution conference is
held.
• Increasing CO 2 buildup is one surprising conclusion of Scripps
Oceanographic Institute scientists working on International Geophysical Year
projects 1957.
The Sixties (1960-70)
• Rachel Carson’s book Silent Spring strikes a deep chord in the rapidly
growing concern about the environment when published in 1962.
• General Motors and Standard Oil (Exxon) sell off the Ethyl Corp., the child
of their partnership in leaded gasoline, in 1962. Senate hearings in 1965
reveal decades of falsified lead industry research.
17
Understanding • A burning river ends the decade as a dramatic symbol of an environment on
Environment
the brink. On June 22, 1969, oil and chemicals in the Cuyahoga River in
Cleveland, Ohio catch fire. Flames top five stories.
• UNESCO conference on Man and His Environment takes place in San
Francisco in 1969, sparking hope for international cooperation on
environmental issues.
• The tragedy of the commons strikes a nerve. The Garrett Harden essay argues
that just as unrestricted grasing could turn a common pature into a wasteland,
unregulated industry could do the same to the planet.
The Seventies (1970-1980)
Greenpeace captures the world’s attention with its dramatic tactics in protecting whales
(Photo by Rex Weyler, Greenpeace, 1977)
18
1980-1990 What is Environment?
• Disasters show the tenuous and fragile side of industrial technology. Among
them are the Bhopal mass poisoning in India; the Chernobyl nuclear reactor
disaster in Ukraine; and the Challenger shuttle and Exxon Valdez oil spills
in the U.S.
• Ozone depletion from fluorocarbons is finally taken seriously, even by
conservatives like Ronald Reagan and Margaret Thatcher of Britain, who
join others in signing the Montreal Protocol in 1987.
• More good news: Legislation for cleaning up toxic waste passes Congress.
But by the year 2002, the Superfund will be broke.
• Environmental reform gathers momentum, but environmentalists mourn the
loss of the Rainbow Warrior, a Greenpeace ship bombed by French secret
service agents in New Zealand in 1985.
• Warnings about global climate change become more convincing as evidence
mounts.
1990-2000
Windmills in California 19
Understanding • Persian Gulf War creates environmental disaster with thousands of burning
Environment
oil wells.
• Ken Saro Wiwa, journalist and environmental activist, is executed in 1995
for his outspoken opposition to oil industry practices in Nigeria. The
dictatorial government of Nigeria, and its partner Shell Oil, is held responsible
by the international community.
• Political standoff between conservative and liberal factions in Congress ended
more or less in a draw, with strong national opinion polls favouring
environment over economic development. A Gallup poll finds 76 percent of
Americans call themselves “environmentalists”.
• China’s Three Gorges Dam continues on schedule, despite international
protests.
• MTBE may fight air pollution, but water pollution turns out to be the major
side effect of the fuel additive. It’s another example of the law of unintended
consequences.
The new millenium
20
What is Environment?
1.5 THE CRISIS
List of Environmental Crises
This is a list of environmental issues that have arisen due to human activities
(Anthropogenic effects on the natural environment).
• Anoxic waters — Anoxic event • Hypoxia • Ocean deoxygenation • Dead
zone
• Climate change — Global warming • Global dimming • Fossil fuels • Sea
level rise • Greenhouse gas • Ocean acidification • Shutdown of thermohaline
circulation
• Conservation — Species extinction • Pollinator decline • Coral bleaching •
Holocene extinction • Invasive species • Poaching • Endangered species
• Dams — Environmental impacts of dams
• Energy — Energy conservation • Renewable energy • Efficient energy use •
Renewable energy commercialisation
• Environmental degradation — Eutrophication • Habitat destruction • Invasive
species
• Environmental health — Air quality • Asthma • Electromagnetic fields •
Electromagnetic radiation and health • Indoor air quality • Lead poisoning •
Sick Building Syndrome
• Genetic engineering — Genetic pollution • Genetically modified food
controversies
• Intensive farming — Overgrasing • Irrigation • Monoculture • Environmental
effects of meat production • Slash and burn • Pesticide drift • Plasticulture
• Land degradation — Land pollution • Desertification Soil — Soil
conservation • Soil erosion • Soil contamination • Soil salination
• Land use — Urban sprawl • Habitat fragmentation • Habitat destruction
• Nanotechnology — Nanotoxicology • Nanopollution
• Nuclear issues — Nuclear fallout • Nuclear meltdown • Nuclear power •
Radioactive waste .
• Overpopulation — Burial • Water crisis • Overpopulation in companion
animals • Tragedy of the commons
• Ozone depletion — CFC
• Pollution — Light pollution • Noise pollution • Visual pollution • Nonpoint
source pollution • Point source pollution
• Water pollution — Acid rain • Eutrophication • Marine pollution • Ocean
dumping • Oil spills • Thermal pollution • Urban runoff • Water crisis •
Marine debris • Ocean acidification • Ship pollution • Wastewater • Fish kill
• Algal bloom • Mercury in fish
21
Understanding • Air pollution — Smog • Tropospheric ozone • Indoor air quality • Volatile
Environment
organic compound • Particulate matter • Sulphur oxide
• Resource depletion — Exploitation of natural resources • Overdrafting
• Consumerism — Consumer capitalism • Planned obsolescence • Over-
consumption
• Fishing — Blast fishing • Bottom trawling • Cyanide fishing • Ghost nets •
Illegal, unreported and unregulated fishing • Overfishing • Shark finning •
Whaling
• Logging — Clearcutting • Deforestation • Illegal logging
• Mining — Acid mine drainage • Mountaintop removal mining • Slurry
impoundments
• Toxins — Chlorofluorocarbons • DDT • Endocrine disruptors • Dioxin •
Toxic heavy metals • Herbicides • Pesticides • Toxic waste • PCB •
Bioaccumulation • Biomagnification
• Waste — E-waste • Litter • Waste disposal incidents • Marine debris • Medical
waste • Landfill • Leachate • Recycling • Incineration • Great Pacific Garbage
Patch
1.6 SUMMARY
The natural resource of wind powers these 5MW wind turbines on this wind farm 28 km
off the coast of Belgium
23
Understanding
Environment 1.7 TERMINAL QUESTIONS
1) What is the importance of Nitrogen cycle in Environment? Please show a
pictorial depiction.
2) How did the study of Environment emerge?
3) List the Environmental Crisis? Quote one example of worst environment
disaster known in India.
4) How are Environment and Science related? Is Environment based on Science
or some other factors govern them?
Figure 1: Overview of events that led to the Bhopal disaster (Bhopal Medical Appeal, 2002)
25
Understanding Union Carbide was accused of deliberate evasion of regular safety procedures.
Environment
During lawsuits where victims demanded compensation, documents were
revealed which proved that Union Carbide regularly used untested technology
in the Bhopal factory. When the gas leak occurred doctors were not informed of
the nature of the gas. This caused the correct treatment and emergency measures
to be held off.
The manager of Union Carbide, Warren Anderson, was accused of culpable
homicide. However, he did not occur in court and both the Indian and
American government did not take adequate measures to make sure this
man was tried. This led to a series of protests organised by environmental
organisations, such as Greenpeace.
Union Carbide denied responsibility for the accident on their website, stating
that: “The Bhopal plant was owned and operated by Union Carbide India,
Limited (UCIL), an Indian company in which Union Carbide Corporation
held just over half the stock. The other stockholders included Indian financial
institutions and thousands of private investors in India. The plant was
designed, built, and managed by UCIL using Indian consultants and
workers.”
4) Environmental science came alive as a substantive, active field of scientific
investigation in the 1960s and 1970s driven by (a) the need for a multi-
disciplinary approach to analyse complex environmental problems, (b) the
arrival of substantive environmental laws requiring specific environmental
protocols of investigation and (c) the growing public awareness of a need
for action in addressing environmental problems. Events that spurred this
development included the publication of Rachael Carson’s landmark
environmental book Silent Spring[2] along with major environmental issues
becoming very public, such as the 1969 Santa Barbara oil spill, and the
Cuyahoga River of Cleveland, Ohio, “catching fire” (also in 1969), and helped
increase the visibility of environmental issues and create this new field of
study.
28
• Ellul, Jacques, The Technological Society, NY: Alfred Knopf. (Originally What is Environment?
1954 La technique ou l’enjeu du siecle, Max Leclerc, et Cie, Paris).
• Lear, Linda, 1997, Rachel Carson: Witness for Nature NY : H. Holt, 1997.
• Marx, Leo, 1964, The machine in the garden; technology and the pastoral
ideal in America NY, Oxford University Press.
• Wadsworth, Ginger 1992, Rachel Carson, voice for the earth Minneapolis,
MN: Lerner Publications.
• Abbey, Edward, 1975, The Monkey Wrench Gang, NY: J.B. Lippincott.
(fiction).
• Brown, Michael and John May, 1991. The Greenpeace Story New York:
Dorling Kindersley.
• Dillard, Annie, 1974, Pilgrim at Tinker Creek, NY: Harper & Row.
• To Save a Whale, photographs (Chronicle Books, 1978; Heinemann, UK,
1978; Kubler Verlag, Germany, Rettet die Wale, 1979).
• Song of the Whale (Doubleday, 1986): The discoveries of whale researcher
Dr. Paul Spong and a history of the Greenpeace campaign to stop international
whaling.
• Blood of the Land (Everest House, 1982; Random House, Vintage paperback,
1983; New Society Publishers, 1992): A history of native American cultures
and their 500-year clash with European cultures, nominated for a Pulitzer
Prise in 1982. An updated edition, published by New Society in 1992, remains
in print.
• Hayes, Dennis, 1977, Rays of Hope: The Transition to a Post Petroleum
World, Worldwatch / W.W.Norton.
• Ward, Barbara and Rene Dubois, 1972: Only One Earth: The Care and
Maintenance of a Small Planet, New York: Norton. This was the book that
summarised the UN Conference on the Environment of Stockhold, 1972.
• Daly, Herman E., 1980, Economics, Ecology, Ethics: Essays toward a steady-
state economy NY: W.H.Freeman & Co.
• Fowler, John, 1986, Energy and the Environment, NY: McGraw Hill.
• McKibben, Bill 1989, The End of Nature New York: Random House.
• Reisner, Mark. 1986. Cadillac Desert: The American West and Its
Disappearing Water. New York: Viking.
• Rose, Chris 1990 The Dirty Man of Europe: The Great British Pollution
Scandal London: Simon and Schuster.
• Schell, Jonathan, 1982, The fate of the earth New York : Knopf.
• Seed, John, 1988, Thinking Like a Mountain: Towards a Council of All
Beings, Philadelphia, PA: New Society Publishers.
29
Understanding • Short, C. Brant (Calvin Brant),1989 Ronald Reagan and the public lands :
Environment
America’s conservation debate, 1979-1984 College Station : Texas A&M
University Press.
• Udall, Stuart. 1988.The Quiet Crisis and the Next Generation. Salt Lake
City: Gibbs-Smith.
• Teich, Albert, Ed., Technology and the Future. 1986, NY St. Martin’s Press.
• Adler, Jonathan, 1995, Environmentalism at the Crossroads, Capital Research
Center (Competitive Enterprise Institute).
• Chapman, Graham, and others, Environmentalism and the mass media: the
North-South Divide, London, Routledge (Indian Institute of Advanced Study,
Shimla).
• Dwyer, William. O., and Frank Leeming, 1995, Earth’s Eleventh Hour:
Environmental Readings from the Washington Post, Boston, MA: Allyn and
Bacon.
• Gore, Albert, 1993, Earth in the Balance : Ecology and the Human Spirit
N.Y : Plume.
• Gottlieb, Robert 1993, Forcing the Spring: The Transformation of the
American Environmental Movement, Washington, DC: Island Press.
• LaMay, Craig and Everette Dennis, Eds., 1991, Media and the Environment,
Washington DC: Island Press.
• Levy, Walter, and Christopher Hallowell, 1994, Green Perspectives: Thinking
and writing about nature and the environment, NY: Addison Wesley
Longman.
• Mark Neuzil and William Kovarik, 1996, Mass Media and Environmental
Conflict: America’s Green Crusades, Thousand Oaks, Calif.: Sage.
• Pepper, David, 1996, Modern Environmentalism, London, Routledge.
• Postman, Neil, 1992, Technopoly: The Surrender of Culture to Technology,
NY: Random House.
• Shabecoff, Phillip, 1993. A Fierce Green Fire: The American Environmental
Movement. NY: Hill and Wang.
• Slovic, Scott H., and Terrell Dixon, 1993, Being in the World: An
Environmental Reader for Writers, NY: McMillan Publishing Co.
• Guha, Ramachandra, 2000 Environmentalism, A Global History New Delhi,
Oxford University Press.
• Perlin, John, 1999, From Space to Earth: The Story of Solar Electricity, Ann
Arbor, Mich., AATEC Publications.
• Warren, Christopher, 2000, Brush with Death: A Social History of Lead
Poisoning, Baltimore, MD: Johns Hopkins University Press.
30
What is Environment?
1.10 BIBLIOGRAPHY
1
Michael Adams, Series Editor’s Preface, pg. vii, in: Ramchandra Guha,
Environmentalism – A Global History. Oxford University Press (2000).
2
Datuk Amar Stephen K. T. Yong, Opening Address, pg. 8, in: Sunderlal
Bahuguna, Vandana Shiva and M. N. Buch, Environment Crisis & Sustainable
Development. Natraj Publishers (1992).
3
http://ecological-problems.blogspot.com/2008/08/environment-definition-and-
meaning.html
4
United Nations, European Commission, International Monetary Fund,
Organisation for Economic Co-operation and Development, World Bank , 2005,
Handbook of National Accounting: Integrated Environmental and Economic
Accounting 2003, Studies in Methods, Series F, No.61, Rev.1, Glossary, United
Nations, New York, para. 7.31
5
Grove Richard, Green Imperialism: Colonial Expansion, Tropical Island Edens
and the Origin of Environmentalism, pg. 1600-1860. Cambridge University
Press (1995).
6
Gregory Allen Barton, Empire Forestry and the Origins of Environmentalism.
Cambridge University Press (2002).
7
P. V. Bole, Review of Flora Indica (1976); William Roxburgh and William
Carey, Descriptions of Indian Plants in: The Quarterly Review of Biology,
51(3):442-443.
8
Jayeeta Sharma, British Science, Chinese Skill and Assam Tea: Making Empire’s
Garden in: Indian Economic Social History Review 43; 429. (2006).
9
Perlin, John, 1999, From Space to Earth: The Story of Solar Electricity, Ann
Arbor, Mich., AATEC Publications
10
P. V. Bole, Review of Flora Indica (1976); William Roxburgh and William
Carey, Descriptions of Indian Plants in: The Quarterly Review of Biology,
51(3):442-443.
11
Dr S.K.Puri, Biodiversity Profile of India.
12
J.C. Briggs, The Bio-geographic And Tectonic History of India in: Journal of
Biogeography, 30:381–388. (2003).
13
P.R. Krausman & A.J.T. Johnsingh, Conservation and Wildlife Education in
India, in: Wildlife Society Bulletin, 18:342-347. (1990).
31
Understanding
Environment UNIT 2 NATURE AND ECOSYSTEM
Structure
2.1 Introduction
2.2 Objectives
2.3 India’s Natural History (Ancient and Medieval)
2.4 Natural Resources
2.5 Natural Resource Management
2.6 Ecosystem
2.7 Biodiversity and Natural Resources
2.8 Biodiversity Hotspots
2.9 Threatened and Extinct Species
2.10 Summary
2.11 Terminal Questions
2.12 Answers and Hints
2.13 References and Suggested Readings
2.14 Bibliography
2.1 INTRODUCTION
The word nature is used in a good many senses and it includes ideas that vary
widely according to the educational background of those using it and the amount
of scientific training they have had, especially in biology. The concept of nature
generally held by the non-specialist, the politician or the technocrat is undoubtedly
only distantly related to that held by the ecologist. For that reason, it is sometimes
more convenient to use the terms biosphere and ecosphere, since these indicate
the two regions of our planet which contain everything ordinarily understood as
‘nature’.1
The biosphere can be simply defined as that part of the Earth in which life is
permanently possible and which contains all living organisms. It consists of the
terrestrial oceans and the surfaces of the continents, together with the adjacent
atmosphere (that is, the troposphere), with the exception of the polar ice caps
and the higher mountain slopes above the snow line. These latter regions,
described as parabiospheric, are included along with the biosphere itself in a
larger system, the ecosphere, which also embraces the upper layers of the
lithosphere and the whole of the atmosphere above the troposphere.
2.2 OBJECTIVES
After studying the unit, the learners should be able to:
• examine India’s natural history;
• study the meaning and classification of natural resources;
• throw light on the concept of ecosystems;
• study the concept of sustainable development and its relevance in today’s
age; and
• examine environmentalism and its contribution in conservation of the
environment.
Vedic times
The Vedas represent some of the oldest historical records available (1500-500
BC) and they list the names of nearly 250 kinds of birds besides many other
notes on various other fauna and flora.[3] In the vedic texts, Aryavarta, the land
34
of the Aryans, was considered to be co-terminous with the range of the Blackbuck. Nature and Ecosystem
Sometimes, these referred to the lands North of the Vindhyas; at others times, it
included lands to the South.[4] A notable piece of information mentioned in the
Vedas is the knowledge of brood parasitism in the Indian Koel, a habit known
well ahead of Aristotle (384-322 BC). This is possibly because both the Indian
Koel and its host the House Crow were common and easy to observe.2 [3]
The medical treatises of Charaka and Sushruta mention wildlife from the point
of view of the meats the forests yielded and their associated attributes. The
stratification of Hindu society into the caste system saw the warrior caste or
kshatriya setting itself apart on hereditary lines; one assertion of which was the
right to eat certain animals. The treatises espoused rules as to when, and who
could or could not eat flesh of particular animals; for example, the flesh of the
lion and tiger were to be consumed solely by regents and that too on rare
occasions.[5]
The elephant was another well studied wild animal and the capture, training and
maintenance of elephants was documented in the 2000 year old text Gajashastra
written in the Pâli script.[6] The Tamil literature of the Sangam period, depicts a
classification of land into 5 eco-types; ranging from the littoral to wet paddy
fields.[4]
The Mauryas firstly looked at forests as a resource. For them, the most important
forest product was the elephant. Military might in those times depended not only
upon horses and men but also battle-elephants; these played a role in the defeat
of Seleucus, Alexander’s governor of the Punjab. The Mauryas sought to preserve
supplies of elephants since it was more cost and time-effective to catch, tame
and train wild elephants than raise them. Kautilya’s Arthashastra contains not
only maxims on ancient statecraft, but also unambiguously specifies the
responsibilities of officials such as the Protector of the Elephant Forests:3 [9]
On the border of the forest, he should establish a forest for elephants guarded by
foresters. The Superintendent should with the help of guards...protect the
elephants whether along on the mountain, along a river, along lakes or in marshy
tracts...They should kill anyone slaying an elephant.
— Arthashastra
The Mauryas also designated separate forests to protect supplies of timber, as
well as lions and tigers, for skins. Elsewhere the Protector of Animals also worked
to eliminate thieves, tigers and other predators to render the woods safe for grasing
cattle.
The Mauryas valued certain forest tracts in strategic or economic terms and
instituted curbs and control measures over them. They regarded all forest tribes
with distrust and controlled them with bribery and political subjugation. They
employed some of them, the food-gatherers or aranyaca to guard borders and
35
Understanding trap animals. The sometimes tense and conflict-ridden relationship nevertheless
Environment
enabled the Mauryas to guard their vast empire.[10]
The Mauryan emperor Ashoka (304-232 BC), embraced Buddhism in the latter
part of his reign and brought about significant changes in his style of governance.
He provided protection to fauna and even relinquished the royal hunt. He was
perhaps the first ruler to advocate conservation measures for wildlife and even
had rules inscribed in stone edicts. The edicts proclaim that many followed the
king’s example in giving up the slaughter of animals; one of them proudly states:[10]
Chalukya Period
Arguably, the best treatise on hunting in Sanskrit was the Manasollasa composed
in the times of the Chalukyas, the twelfth century rulers of the Deccan.[11] Another
work from this period was Mriga Pakshi Shastra, a treatise on mammals and
birds written in the 13th Century by a Jain poet, Hamsadeva. The accuracy of the
content has however been critiqued by many including Salim Ali.4 [3][12][13]
Mughal Period
Babur
The notes of Babur for instance indicate the former distribution of the Rhinoceros
as far west as the Indus:
The Lesser Rhinoceros is found at present in the Bengal Sunderbuns, and a very
few individuals are stated to occur in the forest tract along the Mahanuddy river,
and extending northwards towards Midnapore; and also on the northern edge
of the Rajmahal hills near the Ganges. It occurs also more abundantly in Burmah,
and thence through the Malayan peninsula to Java and Borneo. Several have
been killed quite recently within a few miles of Calcutta. One of these species
formerly existed on the banks of the Indus, where it was hunted by the Emperor
Baber. Individuals of this species are not unfrequently taken about the country
as a show.
— Thomas C. Jerdon, 1874. Mammals of India
Jehangir
Jehangir also kept detailed records to hunts. From the age of twelve (1580) to 48
years he had 28,532 animals had been hunted with 17,167 by himself. These
included 86 Tigers (and lions), 9 Bears, leopards, foxes, otters (ubdilao) and
hyaenas, 889 - Blue bulls (Nilgai) and 35 Mhaka. Salim Ali suggests that the
Mhaka must refer to Swamp deer.1 [16] 37
Understanding Ustad Mansur, a 17th century court artist of Jehangir,2 [17] was the first man to
Environment
accurately paint the Siberian Crane.[18] The Dodo was brought to Jehangir’s court
via Portuguese controlled Goa and an unsigned painting of it in the Hermitage
Museum is attributed to Mansur.3 [19][20][21]
Renewable resources are those that are reproducible: in other words, obtained
from the biomass of living organisms. Water and all resources of a biological
origin are usually classified as renewable. Even when polluted, water is not
chemically modified in any way by being used and so can be recycled after
purification. Plant and animal resources, on the other hand, although potentially
renewable, are very often so overexploited that the possibility of regeneration in
many parts of the world has been greatly reduced and sometimes completely
compromised by the destruction of the ecosystem on which they depend. Solar
energy is a special case, and although it has a fixed rate of flow (the intensity of
solar radiation) it can be classified roughly as a renewable resource inasmuch as
solar ‘reserves’ are inexhaustible on a human scale.
A resource can be most simply defined as a form of energy and/or matter which
is essential for the functioning of organisms, populations and ecosystems. In the
particular case of humans, a resource is any form of energy or matter essential
for the fulfilment of physiological, socio-economic and cultural needs, both at
the individual level and that of the community.
In contrast to the policy emphases of urban planning and the broader concept of
environmental management, Natural resource management specifically focuses
on a scientific and technical understanding of resources and ecology and the
life-supporting capacity of those resources.
Depletion
In recent years, the depletion of natural resources and attempts to move to
sustainable development have been a major focus of development agencies. This
is of particular concern in rainforest regions, which hold most of the Earth’s
natural biodiversity — irreplaceable genetic natural capital. Conservation of
natural resources is the major focus of natural capitalism, environmentalism, the
ecology movement, and green politics. Some view this depletion as a major
source of social unrest and conflicts in developing nations.
Protection
The conservation of natural resources is the fundamental problem. Unless we
solve that problem, it will avail us little to solve all others.7 Conservation biology
is the scientific study of the nature and status of Earth’s biodiversity with the aim
of protecting species, their habitats, and ecosystems from excessive rates of
extinction.8 [6][7] It is an interdisciplinary subject drawing on sciences, economics,
and the practice of natural resource management.9 [8][9][10][11] The term conservation
biology was introduced as the title of a conference held University of California
at San Diego in La Jolla, California in 1978 organised by biologists Bruce Wilcox
and Michael Soulé.
2.6 ECOSYSTEM
An ecosystem is a natural unit consisting of all plants, animals and micro-
organisms (biotic factors) in an area functioning together with all of the non-
40 living physical (abiotic) factors of the environment. [27]
Central to the ecosystem concept is the idea that living organisms are continually Nature and Ecosystem
engaged in a highly interrelated set of relationships with every other element
constituting the environment in which they exist. Eugene Odum, one of the
founders of the science of ecology, stated: “Any unit that includes all of the
organisms (ie: the “community”) in a given area interacting with the physical
environment so that a flow of energy leads to clearly defined trophic structure,
biotic diversity, and material cycles (i.e.: exchange of materials between living
and nonliving parts) within the system is an ecosystem.”[28] The human ecosystem
concept is then grounded in the deconstruction of the human/nature dichotomy,
and the emergent premise that all species are ecologically integrated with each
other, as well as with the abiotic constituents of their biotope.
Humid tropical forests produce very few goods and direct services and are
extremely vulnerable to change, while many temperate forests readily grow back
to their previous state of development within a lifetime after felling or a forest
fire. Some grasslands have been sustainably exploited for thousands of years
(Mongolia, European peat and moorland communities). The term ecosystem can
also pertain to human-made environments, such as human ecosystems and human-
influenced ecosystems, and can describe any situation where there is relationship
between living organisms and their environment. Fewer areas on the surface of
the earth today exist free from human contact, although some genuine wilderness
areas continue to exist without any forms of human intervention.
Wilderness
Wilderness is generally defined as areas that have not been significantly modified
by human activity. The WILD Foundation goes into more detail, defining
wilderness as: “The most intact, undisturbed wild natural areas left on our planet
— those last truly wild places that humans do not control and have not developed
with roads, pipelines or other industrial infrastructure.” Wilderness areas can be
found in preserves, estates, farms, conservation preserves, ranches, National
Forests, National Parks and even in urban areas along rivers, gulches or otherwise
undeveloped areas.
Wilderness areas and protected parks are considered important for the survival
of certain species, ecological studies, conservation, solitude, and recreation. Some
nature writers believe wilderness areas are vital for the human spirit and
creativity,[42] and some Ecologists consider wilderness areas to be an integral
part of the planet’s self-sustaining natural ecosystem (the biosphere). They may
also preserve historic genetic traits and that they provide habitat for wild flora
and fauna that may be difficult to recreate in zoos, arboretums or laboratories.
41
Understanding
Environment Self Assessment Question
2) Why its important to have wilderness as part of nature?
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
Life
Although there is no universal agreement on the definition of life, scientists
generally accept that the biological manifestation of life is characterised by
organisation, metabolism, growth, adaptation, response to stimuli and
reproduction.[43] Life may also be said to be simply the characteristic state of
organisms.
The biosphere is the part of Earth’s outer shell – including land, surface rocks,
water, air and the atmosphere – within which life occurs, and which biotic
processes in turn alter or transform. From the broadest geophysiological point of
view, the biosphere is the global ecological system integrating all living beings
and their relationships, including their interaction with the elements of the
lithosphere (rocks), hydrosphere (water), and atmosphere (air). Currently the
entire Earth contains over 75 billion tons (150 trillion pounds or about
6.8 x 1013 kilograms) of biomass (life), which lives within various environments
within the biosphere.[44]
Over nine-tenths of the total biomass on Earth is plant life, on which animal life
depends very heavily for its existence.[45] More than 2 million species of plant
and animal life have been identified to date,[46] and estimates of the actual number
of existing species range from several million to well over 50 million.[47][48][49]
The number of individual species of life is constantly in some degree of flux,
with new species appearing and others ceasing to exist on a continual basis.[50][51]
The total number of species is presently in rapid decline.[52][53][54]
Biomes
Biomes are terminologically similar to the concept of ecosystems, and are
climatically and geographically defined areas of ecologically similar climatic
conditions on the Earth, such as communities of plants, animals, and soil
organisms, often referred to as ecosystems. Biomes are defined on the basis of
factors such as plant structures (such as trees, shrubs, and grasses), leaf types
(such as broadleaf and needleleaf ), plant spacing (forest, woodland, savanna),
and climate. Unlike ecozones, biomes are not defined by genetic, taxonomic, or
42
historical similarities. Biomes are often identified with particular patterns of Nature and Ecosystem
ecological succession and climax vegetation.
The prominence of law and policy concerning the use and conservation of
biological resources is due in part to the increased economic value of biological
and genetic resources in the wake of the rapid development of genetic engineering.
A number of non-environmental law treaties, such as trade and intellectual
property rights treaties are thus of considerable importance in the study of
biodiversity.
Most of India’s estimated 5.4 billion barrels (860,000,000 m3) in oil reserves are
located in the Mumbai High, upper Assam, Cambay, the Krishna-Godavari and
Cauvery basins. India possesses about seventeen trillion cubic feet of natural gas
in Andhra Pradesh, Gujarat and Orissa. Uranium is mined in Andhra Pradesh.
India has 400 medium-to-high enthalpy thermal springs for producing geothermal
energy in seven “provinces” — the Himalayas, Sohana, Cambay, the Narmada-
Tapti delta, the Godavari delta and the Andaman and Nicobar Islands (specifically
the volcanic Barren Island.)14
India is the world’s biggest producer of mica blocks and mica splittings. India
ranks second amongst the world’s largest producers of barites and chromites.
43
Understanding The Pleistocene system is rich in minerals. India is the third-largest coal producer
Environment
in the world and ranks fourth in the production of iron ore. It is the fifth-largest
producer of bauxite and crude steel, the seventh-largest of manganese ore and
the eighth-largest of aluminium. India has significant sources of titanium ore,
diamonds and limestone.15 India possesses 24% of the world’s known and
economically-viable thorium, which is mined along shores of Kerala.16 Gold
had been mined in the now-defunct Kolar Gold Fields in Karnataka.17
The region shows biogeographical affinities to the Malayan region, and the
Satpura hypothesis proposed by Sunder Lal Hora suggests that the hill chains of
Central India may have once formed a connection with the forests of northeastern
India and into the Indo-Malayan region. Hora used torrent stream fishes to support
the theory, but it was also suggested to hold for birds.19 [13] Later studies have
suggested that Hora’s original model species were a demonstration of convergent
evolution rather than speciation by isolation.
More recent phylogeographic studies have attempted to study the problem using
molecular approaches.20 [14] There are also differences in taxa which are dependent
on time of divergence and geological history.21 [15] Along with Sri Lanka this
region also shows some faunal similarities with the Madagascan region especially
in the reptiles and amphibians. Examples include the Sibynophis snakes, the
Purple frog and Sri Lankan lizard genus Nessia which appears similar to the
Madagascan genus Acontias. Numerous floral links to the Madagascan region
also exist.
An alternate hypothesis that these taxa may have originally evolved out-of-India
has also been suggested.22 [18] Biogeographical quirks exist with some taxa of
Malayan origin occurring in Sri Lanka but absent in the Western Ghats. These
include insects groups such as the zoraptera and plants such as those of the genus
Nepenthes.
44
The Eastern Himalayas is the region encompassing Bhutan, northeastern India, Nature and Ecosystem
and southern, central, and eastern Nepal. The region is geologically young and
shows high altitudinal variation. It has nearly 163 globally threatened species
including the One-horned Rhinoceros (Rhinoceros unicornis), the Wild Asian
Water buffalo (Bubalus bubalis (Arnee)) and in all 45 mammals, 50 birds, 17
reptiles, 12 amphibians, 3 invertebrate and 36 plant species.1 [19][20] The Relict
Dragonfly (Epiophlebia laidlawi) is an endangered species found here with the
only other species in the genus being found in Japan. The region is also home to
the Himalayan Newt (Tylototriton verrucosus), the only salamander species found
within Indian limits.
Titanosaurus indicus was perhaps the first dinosaur discovered in India by Richard
Lydekker in 1877 in the Narmada valley. This area has been one of the most
important areas for paleontology in India. Another dinosaur known from India is
Rajasaurus narmadensis, a heavy-bodied and stout carnivorous abelisaurid
(theropod) dinosaur that inhabited the area near present-day Narmada river. It
was 9 m in length and 3 m in height and somewhat horizontal in posture with a
double-crested crown on the skull.
Some fossil snakes from the Cenozoic era are also known.5 [28] Some scientists
have suggested that the Deccan lava flows and the gases produced were
responsible for the global extinction of dinosaurs however these have been
disputed.
Several small mammal fossils have been recorded in the intertrappean beds,
however larger mammals are mostly unknown. The only major primate fossils
have been from the nearby region of Myanmar.
Recent extinctions
The exploitation of land and forest resources by humans along with hunting and
trapping for food and sport has led to the extinction of many species in India in
recent times. Probably the first species to vanish during the time of the Indus
Valley civilisation was the species of wild cattle, Bos primegenius nomadicus or
46
the wild zebu, which vanished from its range in the Indus valley and western Nature and Ecosystem
India, possibly due to inter-breeding with domestic cattle and resultant
fragmentation of wild populations due to loss of habitat.[33]
Notable mammals which became or are presumed extinct within the country
itself include the Indian / Asiatic Cheetah, Javan Rhinoceros and Sumatran
Rhinoceros.1 [34] While some of these large mammal species are confirmed extinct,
there have been many smaller animal and plant species whose status is harder to
determine. Many species have not been seen since their description. Hubbardia
heptaneuron, a species of grass that grew in the spray zone of the Jog Falls prior
to the construction of the Linganamakki reservoir, was thought to be extinct but
a few were rediscovered near Kolhapur. [35]
Some species of birds have gone extinct in recent times, including the Pink-
headed Duck (Rhodonessa caryophyllacea) and the Himalayan Quail (Ophrysia
superciliosa). A species of warbler, Acrocephalus orinus, known earlier from a
single specimen collected by Allan Octavian Hume from near Rampur in
Himachal Pradesh was rediscovered after 139 years in Thailand.[36][37] Similarly,
the Jerdon’s Courser (Rhinoptilus bitorquatus), named after the zoologist Thomas
C. Jerdon who discovered it in 1848, was rediscovered in 1986 by Bharat Bhushan,
an ornithologist at the Bombay Natural History Society after being thought to be
extinct.
48
Nature and Ecosystem
2.10 SUMMARY
• Everything in the natural world is connected. An ecosystem is a community
of living and non-living things that work together. Ecosystems have no
particular size. An ecosystem can be as large as a desert or a lake or as small
as a tree or a puddle. If you have a terrarium, that is an artificial ecosystem.
The water, water temperature, plants, animals, air, light and soil all work
together. If there isn’t enough light or water or if the soil doesn’t have the
right nutrients, the plants will die. If the plants die, animals that depend on
them will die. If the animals that depend on the plants die, any animals that
depends on those animals will die. Ecosystems in nature work the same
way. All the parts work together to make a balanced system!
• A healthy ecosystem has lots of species diversity and is less likely to be
seriously damaged by human interaction, natural disasters and climate
changes. Every species has a niche in its ecosystem that helps keep the system
healthy. We are learning about new species every day, and we are just figuring
out the roles they play in the natural world. By studying and maintaining
biodiversity, we help keep our planet healthy.
2.14 BIBLIOGRAPHY
1
François Ramade, Ecology of Natural Resources, Pg. 1. Wiley (1981).
51
Understanding 2
Heterotroph: A living organism that needs an external supply of organic
Environment
substances to synthesise its own organic requirements. All animals, fungi and
certain bacteria are heterotrophic.
3
Schiebinger, Londa and Claudia Swan (Eds.) 2004 Colonial Botany Science,
Commerce, and Politics in the Early Modern World. 352 pages. University of
Pennsylvania.
4
Archer, Mildred & W. G. Archer (1955) Natural history paintings. In Indian
painting for the British 1770-1880, pp. 91-98. Oxford, Oxford University Press.
5
Rangarajan, M. (2001) India’s Wildlife History, pp 4.
6
Salim Ali, Bird study in India : its history and its importance. ICCR, New
Delhi (1979).
7
Rangarajan, M. (2001) India’s Wildlife History, pp 7.
8
Sundaracharya, H. (1927), Mriga Pakshi Shastra by Hamsadeva (English
translation); Shankar, Darshan, Current Science 96 (2): 292 (2009).
9
Delme-Radcliffe, Lt. Col. E., Notes on the Falconidae used in India in Falconry.
Standfast Press, 1971.
10
Blunt, Wilfrid, The Mughal Painters of Natural History. Burlington magazine
90 (539): 49-50 (1948).
11
Salim Ali, The Moghul Emperors of India And Naturalists and Sportsmen.
Part 1". J. Bombay Nat. Hist. Soc. 31 (4): 833–861 (1927).
12
Verma, S. P., Mughal Painter of Flora and Fauna - Ustad Mansur. Abhinav
Publications (1999).
13
Das, A.K., Ustad Mansur, Lalit, 17, 1974. p. 37 (1974).
14
“Earth’s natural wealth: an audit”. New Scientist. May 23, 2007
15
“Peak Everything?”. Reason Magazine. April 27, 2010
16
“Natural Resources”. U.S. Geological Survey. http://www.usgs.gov/themes/
resource.html.
17
Theodore Roosevelt, Address to the Deep Waterway Convention Memphis,
TN, October 4, 1907.
18
M. E. Soulé and B. A. Wilcox. 1980. Conservation Biology: An Evolutionary-
Ecological Perspective. Sinauer Associatess. Sunderland, Massachusetts; M.
E. Soule. (1986). What is conservation Biology? BioScience, 35(11): 727-
734.
19
Soule, Michael E. (1986). Conservation Biology: The Science of Scarcity and
Diversity. Sinauer Associates. pp. 584; Hunter, M. L. (1996). Fundamentals
of Conservation Biology. Blackwell Science Inc., Cambridge, Massachusetts;
Groom, M.J., Meffe, G.K. and Carroll, C.R. (2006) Principles of Conservation
Biology (3rd ed.). Sinauer Associates, Sunderland, MA; van Dyke, Fred (2008).
Conservation Biology: Foundations, Concepts, Applications, 2nd ed.. Springer
Verlag. pp. 478.
20
Habitat Conservation Planning Branch. “Habitat Conservation”. California
Department of Fish & Game. http://www.dfg.ca.gov/habcon/.
21
http://www.eoearth.org/article/Water_profile_of_India#Water_Resources J.K.
52
Jain; Farmer, B. H.; Rush, H.; West, H. W.; Allan, J. A.; Dasgupta, B.; Boon,
W. H. (May 1977). “India’s Underground Water Resources”. Philosophical Nature and Ecosystem
Transactions of the Royal Society of London 278 (962): 507–22.
22
http://www.krishiworld.com/html/soils10.html
23
http://www.eoearth.org/article/Energy_profile_of_India. Retrieved 2008-11-
20
24
D. Chandrasekharam. “Geothermal Energy Resources of India”. Indian Institute
of Technology Bombay. http://www.geos.iitb.ac.in/geothermalindia/pubs/IBC/
IBCTALKweb.htm
25
https://www.cia.gov/library/publications/the-world-factbook/geos/in.html
26
http://www.world-nuclear.org/info/inf62.htm. Retrieved 2006-06-01.
27
http://www.rediff.com/news/2000/may/08gita.htm. Retrieved 2008-11-21
28
Daniels, R. J. R. (2001) Endemic fishes of the Western Ghats and the Satpura
hypothesis. Current Science 81(3):240-244.
29
Ripley, Dillon S. (1949) Avian relicts and double invasions in Peninsular India
and Ceylon. Evolution 2:150-159
30
Karanth, P. K. (2003) Evolution of disjunct distributions among wet-zone
species of the Indian subcontinent: Testing various hypotheses using a
phylogenetic approach Current Science, 85(9): 1276-1283.
31
Biswas, S. and Pawar S. S. (2006) Phylogenetic tests of distribution patterns
in South Asia: towards an integrative approach; J. Biosci. 31 95–113.
32
Bajpai, S. and Gingerich P.D. (1998) A new Eocene archaeocete (Mammalia,
Cetacea) from India and the time of origin of whales Proc. Natl. Acad. Sci.
USA 95:15464–15468.
33
http://www.cepf.net/xp/cepf/where_we_work/eastern_himalayas/eastern_
himalayas_info.xml;http://assets.panda.org/downloads/final_ehimalayas.
34
Prater, S. H. (1971) The Book of Indian Animals. BNHS.
35
Stewart R. Hinsley, Notes on fossil wood.
36
Robert Buckler, A brief review of the fossil cycads (1999).
37
http://plantnet.rbgsyd.nsw.gov.au/cgi-bin/cycadpg?region=ind; Singh, Rita, P.
Radha (2006) A new species of Cycas from the Malabar Coast, Western Ghats,
India. Volume 58(2):119-123.
38
Rage J.-C., Bajpai S., Thewissen J. G. M. & Tiwari B. N. 2003. Early Eocene
snakes from Kutch, Western India, with a review of the Palaeophiidae.
Geodiversitas 25 (4) : 695-716.
39
Bajpai, S. and Gingerich P.D. (1998) A new Eocene archaeocete (Mammalia,
Cetacea) from India and the time of origin of whales Proc. Natl. Acad. Sci.
USA 95:15464–15468.
40
Vivek Menon (2003). A field guide to Indian mammals. Dorling Kindersley,
Delhi.
41
Alfred, J.R.B. (1998) Faunal Diversity in India: An Overview: In Faunal
Diversity in India, i-viii, 1-495. (Editors. Alfred, JRB, et al., 1998). ENVIS
Centre, Zoological Survey of India, Calcutta.
53
Understanding
Environment UNIT 3 ENVIRONMENT AND LAW
Structure
3.1 Introduction
3.2 Objectives
3.3 Nature of Environmental Laws
3.4 Environment Laws
3.4.1 Environmental Legislations (from 1853 to 1980)
3.5 Environmental Act, Rules and Notifications in India (from 1980-tilldate)
3.5.1 Water Pollution
3.5.2 Air Pollution
3.5.3 Environment Protection
3.5.4 Noise Pollution
3.5.5 Ozone Layer Depletion
3.5.6 Coastal Regulation Zone
3.5.7 Environment Impact Assessment
3.5.8 Animal Welfare
3.5.9 Bio Diversity Conservation
3.5.10 Forest Conservation
3.5.11 Wild Life Protection
3.5.12 Hazardous Substances Management-12 Rules till 2007
3.5.13 National Environment
3.5.14 Public Liability Insurance
3.6 Five Year Plans on Environmental Issues
3.6.1 Sixth Plan (1980-1985)
3.6.2 Seventh Plan (1985-1990)
3.6.3 Eighth Plan (1992-1997)
3.6.4 Ninth Plan (1997-2002)
3.6.5 Tenth Plan (2002-2007)
3.6.6 Eleventh Plan (2007-2012)
3.7 National Policies Related to Environment
3.8 International Agreements on Environmental Issues
3.9 Summary
3.10 Terminal Questions
3.11 Answers and Hints
3.12 References and Suggested Readings
3.1 INTRODUCTION
Today the need is to evolve a new jurisprudence of striking balance between
growth, development and the ecosystem. Paul Harrison, (in Third world
tomorrow) has stressed that there is need for over all development of human
beings with due respect to nature, “The final principle is respect for the nature.
Growth that does not respect the natural world, its complexity and its sensitivity,
54 limits itself. Resources are exhausted, eco-systems collapse, species disappear
and our own physical and mental health and even our survival are threatened.” Environment and Law
In this unit the emphasis is on the Laws and polices existing in India for
environment protection, the various aspects of environmental law of public
nuisance, conservation of forest and other resources, coastal zone management,
constitutional mandates for environmental protection, international conventions.
3.2 OBJECTIVES
After studying this unit, you will be able to:
• discuss nature, of environmental laws;
• know the various Acts– in India for protection of environment; and
• know national policies on Environment.
The IX schedule of the constitution gives powers to the center, over the state and
judiciary to declare numerous land related Laws as unreviewable in any court.
The VII schedules (list 1, entries 52-58) places some environmental issues in
centre’s power alone, Atomic energy, oil fields and resources, mines, interstate
rivers and valleys and fishing in territorial waters are subjects related o
environmental protection in union list and fall within subject of union list (list I,
entries 6,53,54,56 and 57). public health and sanitation, agriculture land and
fisheries with in state territories and water fall under state subjects ( list II entries
6,14,18,21 and entry 17) however certain subjects like forest, wildlife and
population control falls under list III, entries 17 A,17 B, the concurrent list
where both center and state can legislate. Nomadic tribes, social and economic
planning, monopolies, factories and electricity, having close connection with
environmental protection also falls within concurrent list (list III, entries 15, 20,
21, 29, 36, 37, and 38.)
55
Understanding
Environment 3.4 ENVIRONMENT LAWS
The focus on environmental protection is not new and has been an integral part
of the Indian culture. The need for conservation and sustainable use of natural
resources has been expressed in ancient India and is also reflected in the
constitution and are backed by a number of laws – acts, rules, and notifications,
i.e., legislative and policy framework and is also in the international commitments
of the country. Let us see below the various pre-independence environmental
legislation that existed in India on water pollution, air pollution wildlife protection
and forest conservation indicating the nature and levels of governmental
awareness towards environmental issues.
3.4.1 Environmental Legislations (from 1853 to 1980)
Water Pollution The Shore Nuisance (Bombay and Kolkata) Act, 1853. It
efforts to remove any nuisance below the high water mark.
The Oriental Gas Company Act, 1857 - to control water
pollution specially from discharge of oriental gas company.
Indian Penal Code of 1860.
The Indian Easement Act, 1882 allows private rights to
use a resource that is, groundwater, by viewing it as an
attachment to the land. It also states that all surface water
belongs to the state and is a state property.
The Indian Fisheries Act, 1897 - Killing of fish by poisoning
water or by explosives was banned under the act
The Indian Ports Act, 1908 - prohibits discharge of oil in
port areas
The Indian Forest Act, 1927 - prohibits poisoning of
water within forest.
The factories Act, 1948
The River Boards Act of 1956 - enables the states to
enroll the central government in setting up an Advisory
River Board to resolve issues in inter-state cooperation.
Air Pollution Bengal Smoke Nuisance Act, 1905 - to prevent air
pollution in Calcutta and to protect marble structure of
Victoria memorial.
Bombay smoke nuisance Act, 1912 - to prevent air
pollution in Bombay.
Wild Life The Madras Wild Elephant Act, 1873 - was first
Conservation wildlife Act to protect wild Elephants.
The Elephant Preservation Act, 1879 - Act to protect wild
Elephants.
The Wild Bird Protection Act, 1887 - prohibit trade in
wild birds in notified closed season for breeding.
The Wild Birds and Animal Protection Act, 1912 -
Regulated hunting of listed species and closed season
56 but it ignored the need for control in wildlife trade.
Environment and Law
The Hailey National Park Act, 1937 - to protect the
unique ecosystem of Western Himalayas in Corbett
National Park then Hailey National Park
Forest Indian Forest Act, 1865
Conservation Indian Forest Act, 1878
Forest Policy of India, 1884
Indian Forest Act, 1927- It was enacted to ‘consolidate
the law related to forest, the transit of forest produce,
and the duty levied on timber and other forest produce’
“Planning for harmonious development recognises the unity of nature and man.
Such planning is possible only on the basis of a comprehensive appraisal of
environmental issues. There are instances in which timely, specialised advice on
environmental aspects could have helped in project design and in averting
subsequent adverse effect on the environment leading to loss of invested resources.
It is necessary, therefore, to introduce the environmental aspect into our planning
and development”(http://www.envfor.nic.in/unccd/annex-05.pdf).At International
level, the united nations, conference on the human environment , held in
Stockholm in the year 1972 was a landmark event for the protection of
environment. This Stockholm conference suggested that developing countries
must direct their efforts towards balancing their population growth. The 42nd
Amendment to the constitution of India, in 1976 introduced significant provisions
in constitution relating to the environment protection and has been already
discussed earlier in this unit. Following the Stockholm Conference, to identify
and investigate the problems of preserving or improving the human environment
in the country as well as to propose a solution for environmental problems the
National Committee, on Environmental Planning and Coordination (NCEPC)
was set up in 1972, under union department of science and technology. This
High-level advisory body was charged, among others, with reviewing policies
and programmes which have a significant bearing on quality of environment
and advise Government on environmental management and to improve the human
environment in the context of population growth and economic development. It
was to advise and suggest on existing legislation and regulation and administrative
machinery and also for promoting and strengthening environmental research,
education and awareness. The NCEPC in its existence of eight years (1972-80)
provided a major thrust in environmental planning, approval of projects in selected
sectors, human settlement planning, surveys of wetlands and spread of
environmental awareness and research (see the Tiwari Committees Report, 1981.)7
The Indian wildlife (protection Act,) was passed in 1972 under article –252 of
the constitution on the requests from states. The water prevention and control of 57
Understanding pollution Act, 1974 and the rules 1975 laid down the foundation of new era in
Environment
Indian environmental law. The central pollution central board was set up to oversee
implementation of the provisions of the act. The separate statutory bodies like
forest department to oversee compliance of law related to state level to oversee
compliannce of law on water pollution were set up. Sec 24 of the act prohibits
disposal of polluting matter to a steam or well or on land. However it allows
discharge of sewage or trade effluent after treatment. After the Stockholm
Conference, constitutional sanction was given to environment protection through
the 42nd Amendment in 1976, as incorporated into the Directive Principles of
State Policy and Fundamental Rights and Duties.
In 1980, the first National Committee, The Tiwari Committee was formed to
consider the issues relating to environmental legislation. It enlisted about 200
add Laws, pertaining to environmental protection. The main recommendation
are: (Uberoi, N.K. (2003). In : Environmental Management).
• Comprehensive reviews and reformation of some of the prevalent Central
and State Acts such as the Insecticides Act, 1968; the Water (Prevention
and Control of Pollution) Act, 1974; and the India Forest Act (1972).
• New legislation for areas of action not covered by the present laws (such as
those concerning toxic substances). The introduction of “Environment
Protection” in the Concurrent List of the seventh Schedule. The committee,
inter alia, recommended to establish of a separate Department of
Environment.
59
Understanding 3.5.5 Ozone Layer Depletion
Environment
Ozone Depleting Substances (Regulation and Control) Rules, 2000- the Rules
have been laid down for the regulation of production and consumption of ozone
depleting substances.
61
Understanding
Environment 3.6 FIVE YEAR PLANS ON ENVIRONMENTAL
ISSUES
We have already discussed earlier in this unit, the 4th Plan, Planning Commission
(1969-74) which was the first time when the government shows its concern for
environmental protection and the same has become the regular objective of Five
Year Plans of Planning Commission (see sixth plan (1980-84 to 11th plan 2007-
12)). The brief discussion on various plans is given below:
• National Forest Policy, 1988- the main aim is to maintain one third of
country’s geographical area under forest and tree cover. In the hills and in
mountainous regions, the aim is to maintain two-third of the area under
such cover in order to prevent erosion and land degradation and to ensure
the stability of the fragile eco-system. The principal aim of Forest Policy
must be to ensure environmental stability and maintenance of ecological
balance including atmospheric equilibrium which are vital for sustenance
of all lifeforms, human, animal and plant.
There are many case laws on Air, Water and other Environment pollution laws
which the learner will able to know in the forthcoming blocks where the elaborate
discussion has been made under the specific subject.
3.9 SUMMARY
• In the Constitution of India it is clearly stated that it is the duty of the state to
‘protect and improve the environment and to safeguard the forests and
wildlife of the country’. It imposes a duty on every citizen ‘to protect and
improve the natural environment including forests, lakes, rivers, and
wildlife’. Reference to the environment has also been made in the Directive
Principles of State Policy as well as the Fundamental Rights. The Department
of Environment was established in India in 1980 to ensure a healthy
environment for the country. This later became the Ministry of Environment
and Forests in 1985.
1986 - The Environment (Protection) Rules lay down procedures for setting
standards of emission or discharge of environmental pollutants.
1991 - The Public Liability Insurance Act and Rules and Amendment,
1992 was drawn up to provide for public liability insurance for the purpose
of providing immediate relief to the persons affected by accident while
handling any hazardous substance.
1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay
down detailed provisions relating to areas to be avoided for siting of
industries, precautionary measures to be taken for site selecting as also the
aspects of environmental protection which should have been incorporated
during the implementation of the industrial development projects.
1927 - The Indian Forest Act and Amendment, 1984, is one of the many
surviving colonial statutes. It was enacted to ‘consolidate the law related to
forest, the transit of forest produce, and the duty leviable on timber and
other forest produce’.
1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991
provides for the protection of birds and animals and for all matters that are
connected to it whether it be their habitat or the waterhole or the forests that
sustain them.
1980 - The Forest (Conservation) Act and Rules, 1981, provides for the
protection of and the conservation of the forests.
• Water
1882 - The Easement Act allows private rights to use a resource that is,
groundwater, by viewing it as an attachment to the land. It also states that
all surface water belongs to the state and is a state property.
1897 - The Indian Fisheries Act establishes two sets of penal offences
whereby the government can sue any person who uses dynamite or other
explosive substance in any way (whether coastal or inland) with intent to
catch or destroy any fish or poisonous fish in order to kill.
1956 - The River Boards Act enables the states to enroll the central
government in setting up an Advisory River Board to resolve issues in inter-
state cooperation.
1970 - The Merchant Shipping Act aims to deal with waste arising from
ships along the coastal areas within a specified radius.
The CPCB (Central Pollution Control Board) was constituted under this
act.
1977 - The Water (Prevention and Control of Pollution) Cess Act provides
for the levy and collection of cess or fees on water consuming industries
and local authorities.
69
Understanding • Air
Environment
1948 - The Factories Act and Amendment in 1987 was the first to express
concern for the working environment of the workers. The amendment of
1987 has sharpened its environmental focus and expanded its application to
hazardous processes.
1981 - The Air (Prevention and Control of Pollution) Act provides for
the control and abatement of air pollution. It entrusts the power of enforcing
this act to the CPCB .
1982 - The Air (Prevention and Control of Pollution) Rules defines the
procedures of the meetings of the Boards and the powers entrusted to them.
1982 - The Atomic Energy Act deals with the radioactive waste.
1988 - The Motor Vehicles Act states that all hazardous waste is to be
properly packaged, labelled, and transported.
72
Environment and Law
UNIT 4 ORIGIN OF ENVIRONMENTAL
LAW
Structure
4.1 Introduction
4.2 Objectives
4.3 History of Environmental Protection in Ancient India – An Overview
4.4 Arrival of the British and the Formation of Environmental Laws in India
4.5 Acts for the Protection of Indian Environment
4.6 International Efforts – U.N. Conference on Human Environment
4.7 Impact in India
4.8 Environmental Legislations
4.9 Fundamental Right to Live in a Healthy Environment
4.10 Summary
4.11 Terminal Questions
4.12 Answers and Hints
4.13 Glossary
4.14 References and Suggested Readings
4.1 INTRODUCTION
Every word in English has a history – and Environmental law is no exception.
In this section you will learn a good deal more about the historical perspectives
of environmental law; in addition you will make excursions into its origin and
development. Environmental law is a body of law, which is a system of complex
and interlocking statutes, law, treaties, conventions, regulations and policies
which seek to protect the environment which may be affected, impacted or
endangered by human activities. Some environmental laws regulate the quantity
and nature of impacts of human activities: for example, setting allowable levels
of pollution or requiring permits for potentially harmful activities. Other
environmental laws are preventive in nature and seek to assess the possible
impacts before the human activities can occur.
While many countries worldwide have since accumulated impressive sets of
environmental laws, their implementation has often been woeful. In recent years,
environmental law has become been a critical means of promoting sustainable (or
“sustainability”). Policy concepts such as the precautionary, public participation,
environmental justice, and the polluter have informed many environmental law
reforms in this respect. There has been considerable experimentation in the search
for more effective methods of environmental control beyond traditional
“command-and-control” style regulation. Taxes, emission, voluntary standards
such as ISO 14000 and negotiated agreements are some of these innovations.
The IUCN Academy of Environmental Law is a network of some 60 law schools
worldwide that specialise in the research and teaching of environmental law.
In his book “Should trees have legal standing” Stone (1974:11) argues that nature
should count jurally – to have a legally recognised worth and dignity in its own 73
Understanding right, and not merely to serve as a means to benefit “us”. He claims that for a
Environment
thing to be a holder of legal rights an authoritative body must review the actions
and processes of those who threaten it and three additional criteria should be
satisfied. The thing can institute legal actions at its behest; second, that in
determining the granting of legal relief, the court must take injury to it into
account; and; third, that relief must run to the benefit of it. The problem with this
argument is that for nature to have legal standing it must have a lawyer; and
would therefore be dependent on the cultural values, wisdom and competence of
the lawyer(s) chosen to represent it and those of the court of law with jurisdiction.
Clayton (2000) claims that justice becomes more relevant in circumstances in
which a desired response is scarce and in which there are citizens who ascribe
moral significance and values to the environment. She goes on to state that since
many resources are not renewable within reasonable time frames, this makes
people more aware of the ways in which those resources are distributed. Stone
(1974:16) claims that in the past natural objects have had no standing in their
own right; their unique damages do not count in determining outcome; and they
are not the beneficiaries of awards, but are objects for man to conquer and master
and use.
Over the last two decades, the Indian judiciary has fostered an extensive and
innovative approach to environmental rights in the country. Complex matters of
environmental management have been resolved and consequently a series of
innovative procedural remedies have evolved to accompany this new substantive
right. The new environmental right is therefore championed as a legal gateway
to speedy and inexpensive legal remedy.
The notional expansion of right to life was recognised even in the absence of a
specific reference to direct violations of the fundamental right. Placed in a nutshell,
the human right culture has percolated down to Indian human right regime within
a short period of time. An interdisciplinary approach to environmental protection
may be another reason for the operation of the right to healthy environment.
This has been undertaken through international environmental treaties and
conventions, national legislative measures and in judicial responses.
• The Vedas, Puranas, Upanishads and other ancient scriptures of the Hindu religion have
given a detailed description of trees, plants, wildlife and their importance to people.
• The Mughal emperors, though were great lovers of nature and took delight in spending their
spare time in the lap of natural environment, made no attempts on forest conservation.
• Legislative measures were taken by the British Government for prevention of pollution and for
conservation of natural resources.
• Some of the early efforts include the enactment of the Shore Nuisance (Bombay and Kolaba)
Act of 1853 and the Oriental Gas Company Act of 1857. The Indian Penal Code, enacted in
1860, imposed a fine on a person who voluntarily fouls the water of any public spring or reservoir.
Hindu Era
Opening up the Hindu mythology, the Vedas, Puranas, Upanishads and other
ancient scriptures of the Hindu religion have given a detailed description of
trees, plants, wildlife and their importance to people. Yajnavalkya Smriti
prohibited the cutting of trees by prescribing punishment for such acts. Kautalya’s
Arthashastra, written in the Mauryan period, realised the necessity of forest
administration and Ashoka’s 5th Pillar Edict expressed his view about the welfare
of creatures in the State. Evidence from civilisations of Mohenjadaro and Harappa
has further proved that the small population lived in consonance with the
ecosystem and their needs maintained harmony with the environment. Thus, the
Hindu society was conscious of the adverse environmental effects caused by
deforestation and extinction of animal species.
75
Understanding Mughal Era
Environment
In Islam, there is close harmony between man and nature. However, during the
medieval period, the only contribution of Mughal emperors has been the
establishment of magnificent gardens, fruit orchards and green parks, which were
used as holiday resorts, palaces of retreat or temporary headquarters during the
summer season. The common opinion of environmentalists has been that the
Mughal emperors though were great lovers of nature and took delight in spending
their spare time in the lap of natural environment, made no attempts on forest
conservation.
British Era
The British conquest in India brought about a plunder of natural resources coupled
with a complete indifference towards environmental protection. A general survey
of early environmental legislation reveals that apart from the forest laws,
nineteenth century legislation also partially regulated two other aspects of Indian
environment. Water pollution and wildlife. These laws, however, had a narrow
purpose and limited territorial reach.
Some of the early efforts include the enactment of the Shore Nuisance (Bombay
and Kolaba) Act of 1853 and the Oriental Gas Company Act of 1857. The Indian
Penal Code, enacted in 1860, imposed a fine on a person who voluntarily fouls
the water of any public spring or reservoir. In addition, the Code penalised
negligent acts with poisonous substances that endangered life or caused injury
and proscribed public nuisances. Laws aimed at controlling air pollution were
the Bengal Smoke Nuisance Act of 1905 and the Bombay Smoke Nuisance Act
of 1912. In the field of wildlife protection, early legislation was limited to specific
areas and particular species, thereby aiming at the conservation of biodiversity.
It is clear that legislative measures were taken by the British Government for
prevention of pollution and for conservation of natural resources. Although critics
point out that the British enacted these legislations, not with the object of
protecting the environment but with the aim of earning revenue for themselves,
it should be regarded as the first step towards the scientific conservation of natural
resources. Despite the fact that these measures were made with ulterior motives,
British-enacted legislations have contributed significantly to the growth of
environmental jurisprudence in India.
The details of arrival of the British and the formation of Environmental Laws in
India are discussed in chronological order below.
The British government started control over forest in the year 1806 when a
commission was appointed to enquire into the availability of teak in Malabar
and Travancore by way of appointment of Conservator of Forest. This moved
failed to conserve forest as the appointed conservator plundered the forest wealth
instead of conserving it. Consequently, the post of conservator of forest was
abolished in the year 1823.
Their early treatment of the Indian forest also reinforces the claim that destructive
energy of the British race all over the world was rapidly converting forest into
desert. Until the later decades of nineteenth century, the British Raj carried out
an immense onslaught on the subcontinent’s forest. With the Oaks forest vanishing
in England, a permanent supply of durable timber was required for the British
Navy because the safety and defense of the British Empire depended primarily
on its navy. In the period of fierce competition between the colonial powers,
Indian teak, the most durable of shipbuilding, saved British during a war with
Napoleon and the later maritime expansion. To tap the likely sources supply,
search parties were sent to teak forests of India’s west coast. Ships were built in
the dockyards in the Surat and the Malabar Coast, as well as in England by
importing teak from India.
The revenue orientation of colonial land policy also worked towards the
denudation of forests. As their removal added to the class of land assessed for
77
Understanding revenue, forests were considered as an obstruction to agriculture and consequently
Environment
a bar to the prosperity of the British Empire. The dominant thrust of agrarian
policy was to extend cultivation and the watchword of the time was to destroy
the forest with this end in view.
This process greatly intensified in the early years of the building of the railways
network after about 1853. While great chunks of forests were destroyed to meet
the demand for railway sleepers, no supervision was exercised over the felling
operation in which a large number of trees was felled and lay rotting on the road.
The sub-Himalayan forests of Garhwal and Kumaon, for example were all felled
in even to desolation and thousands of trees were felled which were never
removed, nor was their removal possible.
As early as 1805, the British government requested the British East India
Company, which already controlled large parts of the coastal regions, to
investigate the feasibility of harvesting Malabar teak in Madras to meet the needs
of British shipbuilding during the Napoleonic war. Although the East India
Company was a private trading company commissioned in 1600, in India it
functioned as a state entity, enjoying a monopoly of trade in the areas it ruled.
Acting at the direction of the British parliament, it shared authority in India with
government officials. The company appointed a former police officer, Captain
Watson, as India’s first conservator of forests in 1806. Watson’s two-pronged
plan involved placing a tax on teak in order to simultaneously slow its harvest by
private interests and raise money for the government, and then purchasing the
teak from the private dealers. Together, these measures would guard against over-
exploitation and ensure a steady supply of teak.
On 3 August 1855, Lord Dalhousie, the governor general of India, reversed
previous laissez-faire policy to establish the India Forest Department and annex
large areas of sparsely populated lands in India. These lands were declared
protected areas and staffed by foresters, fireguards, rangers, and administrators.
Over the next decades, forestry in India became an international profession with
global specialists ruling an empire of trees and grasslands.
The new environmental policies served in turn to support British imperialism in
India. Unlike the conservative French and English royal forests reserved for
hunting by the privileged elite, or the later American concept of total protection
in national parks, the new colonial environmentalism was intended to generate
income for the imperial British state through strict control of India’s natural
resources. Lord Dalhousie’s new forest policies greatly expanded British authority
over the land and people of India, a colonial empire that the British had procured
piecemeal over the course of several centuries of mercantile and military
exploitation. Thus, environmentalism and imperialism have a shared past, and
the newly protected forests marked a symbiotic alliance of environmental concern
with expansion of state power in India.
After Napoleon’s defeat at Waterloo in 1815, however, the navy had less need of
teak, and a new governor of Madras, Thomas Munro, felt that the timber royalty
unnecessarily raised the opposition of Indian princes who objected to the tax
placed on forests under their authority. Munro also felt pressure from Indian
merchants who objected strenuously to a tax that cut severely into their profits
and from peasants who saw traditional access to the forest sharply curtailed. The
new governor rescinded the teak regulations, abolished Captain Watson’s position,
78 and allowed the free market to operate as it had before Lord Dalhousie’s tenure
as governor-general from 1848 to 1856 saw the acquisition of territory and Origin of Environmental
Law
implementation of administrative reforms for which posterity dubbed Dalhousie
“the great Proconsul.” Dalhousie’s support for conservation was unapologetically
imperialist. Upon reaching the capital at Calcutta for his inauguration in 1848,
he proclaimed, “we are Lords Paramount of India, and our policy is to acquire as
direct a dominion over the territories in possession of the native princes, as we
already hold over the other half of India.” The British government in India made
it clear that “all the forests are the property of Government, and no general
permission to cut timber therein will be granted to anyone”.
The second half of the 19th century marked the beginning of an organised forest
management in India with some administrative steps taken to conserve forest;
the formulation of forest policy and the legislations to implement the policy
decision. The systematic management of forest resources began with the
appointment of the First Inspector General of Forest in 1964. Dietrich Brandis
was the first Inspector General of India. Lord Canning appointed Dietrich Brandis
as the first inspector general of the India-wide Indian Forest Department, a post
he held from 1864 to 1883.The immediate task of the forest department was
under the supervision of Inspector General was that of exploration of resources,
demarcation of reserves, protection of the forest from fire and assessment of the
growing stock in valuable reserve by sample enumeration and prescription of
yields which could be sustained. The objective of management of forest thus
changed from obtaining of timber for various purposes to protecting and
improving forests and treating them as a biological growing entity. Forest
conservators had already been appointed in Bombay (1847), Madras (1856), and
the United Burma Provinces (1857); Brandis in turn appointed forest conservators
to the Northwestern Provinces and Central Provinces in 1860, Oudh in 1861,
Punjab in 1864, Coorg and Bengal in 1864, Assam in 1868, and Berar in 1868.
By the end of 1868, the Forest Department had administrators in every province
of the subcontinent. In 1871, the Forest Department was placed under the newly
established Department of Revenue and Agriculture, itself under the umbrella
of the Home Department. Brandis was followed by Wilhelm Schlich (1883-88),
Berthold Ribbentrop (1888-1900), and E. P. Stebbings (1900-17).
The first step of the British Government to assess state monopoly right over the
forest was the enactment the Forest Act, 1865. The act was revised after about
thirteen years later in 1878 and extended to most of the territories under the
British rule .It also expanded the powers of the state by providing for reserved
forest, which were closed to the people and by empowering the forest
administration to impose penalties for any transgression of the provision of the
Act. Yet the latter act was passed only after a prolonged and biter debate within
the protagonist of the earlier debate put forth arguments strikingly similar to
those advanced by participants in the contemporary debate about the environment
of India.
Hurriedly drafted, the 1865 Act was passed to facilitate the acquisition of those
forest areas that were earmarked for railway supplies. It merely sought to establish
the claims of the state to the forests in immediately required, subject to the proviso
that existing rights would not be abridged. Almost immediately, the search
commenced for a more stringent and inclusive piece of legislation. A preliminary
draft, prepared by Brandis in 1969, was circulated among the various presidencies.
A conference of forest officers, convened in 1874, then went into defects of the
1865 act and the details of the new one.
79
Understanding
Environment Self Assessment Question
3) Describe the position of Environmental Laws in India after the arrival
of the British or during British Era?
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
The British Government declared its first Forest Policy by a resolution on the
19th October 1884. The policy statement had the following objectives:
• Promoting the general well being of the people in the country;
• Preserving the climatic and physical conditions in the country; and
• Fulfilling the need of the people.
The policy also suggested a rough functional classification of forest into the
following four categories:
• Forests, the preservation of which was essential for climatic and physical
grounds;
• Forests which offered a supply a valuable timber for commercial purposes;
• Minor forest which produced only the inferior sort of timber; and
• Pastures, which were forest only in name.
To implement the Forest policy of 1884, the Forest Act of 1927 was enacted. Till
1935, the government of India enacted the Forest Act. In 1935, the British
Parliament through the Government of India created provincial legislature and
the subject of the forest as included in the provincial legislature list. Thereafter,
several provinces made their own laws to regulate forest. Most of these laws
were within the framework laid down in the 1927 Act. The British all along their
reign in India formed many other Acts from time to time.
80
Origin of Environmental
1) The Shore Nuisance (Bombay 7) The Indian Easement Act,1882 Law
and Kolaba) Act,1853
2) The Orient Gas Company 8) The Indian Fisheries Act,1897
Act,1857
3) Indian Penal Code,1860 9) The Indian Ports Act,1908
4) The Serais Act,1867 10)The Indian Steam Vessels
Act,1917
5) The North-India Canal 11) The Poison Act,1919
and Drainage Act,1873
6) The Obstruction in Fairways 12)The Indian Forest Act,1927
Act,1881
The Shore Nuisance (Bombay and Kolaba) Act, 1853
This is the earliest Act on the statue book concerning control of water pollution
in India. It was the first act in the field of Environment protection in India, which
was enacted by the British for the British India. This act was passed so as to
regulate the waste materials discharged in the coastal area of Bombay (Now
Mumbai) and Colaba area, from various industries functioning in these areas.
Municipality Laws
• Uttar Pradesh Municipality Laws, 1916
• Bihar and Orissa Municipality Laws,1922
Both of these laws were amongst the earliest laws for regulating the environment
conditions in the cities by the help of municipality laws.
The first comprehensive law for the protection of wildlife and its habitat was
perhaps the Hailey National Park Act of 1936, which established the Hailey
(now Corbett) National Park in Uttar Pradesh.
Miscellaneous
• The Indian Fisheries Act, 1897
• The Indian Forest Act, 1927
• Criminal Procedure Code, 1893
Criminal Procedure Code 1893
Criminal Procedure Code, 1893 was one of the major acts, which provided some
of the very strict punishments for the environmental offences under the criminal
law. Sections 133 to 144 in the Chapter XII of the Criminal Procedure under the
heading Public Nuisance provided for the punishment under criminal procedure
for the commission of any nuisance, which affected the public at large. The
environmental degradation was also included in it as any degradation of the
environment is automatically supposed to be affecting the public at large.
By early 1972, it had been realised that unless a national body was established to
bring about greater coherence and coordination in environmental policies and
programmes and to integrate environmental concerns, an important lacuna would
remain in India’s planning process. Consequently, as a result of the major issues
highlighted by the reports, a National Committee on Environmental Planning
and Coordination (NCEPC) was established in the Department of Science and
Technology.
From this period onwards, the Central Government has been considered as highly
environmentally active. In 1976, the Constitution of India was amended to insert
a separate fundamental duties chapter. The 1980s witnessed the creation of many
eco-specific organisations. In the year 1980, the Forest (Conservation) Act was
passed for the conservation of forests and to check on further deforestation. The
Air (Prevention and Control of Pollution) Act of 1981 was enacted by invoking
the Central Government’s power under Art 253. The Air Act contained several
distinguishing features. The preamble of the Air Act explicitly reveals that the
Act represents an implementation of the decisions made at the Stockholm
Conference. Also, a notification relating to Noise Pollution (Regulation and
Control) Rules was made in the year 2000 with the objective of maintaining
Ambient Air Quality Standards in respect of noise.
In the wake of the Bhopal gas tragedy, the Government of India enacted the
Environment (Protection) Act, 1986. The laws that existed prior to the enactment
of EPA essentially focused on specific pollution (such as air and water). The
need for a single authority which could assume the lead role for environmental
protection was answered through the enactment of EPA. It is in the form of an
umbrella legislation designed to provide a framework for Central Government
to coordinate the activities of various central and state authorities established
under previous laws. It is also in the form of an enabling law, which delegates
wide powers to the executive to enable bureaucrats to frame necessary rules and
regulations.
Apart from this, several notifications and rules have also been made, some of
which include the Hazardous Wastes (Management and Handling) Rules in 1989,
the Biomedical Wastes (Management and Handling) Rules in 1998, Recycled
Plastics (Manufacture and Usage) Rules 1999, Environment (Silting for Industrial
Projects) Rules 1999 and the Municipal Solid Wastes (Management and Handling)
Rules in 2000.In addition to these eco-specific legislations, realising that there is
no comprehensive legislation dealing with biodiversity in India, and to fulfill its
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international obligation under the Convention on Bio-Diversity, the Government Origin of Environmental
Law
of India has enacted the Biological Diversity Act, 2002.
It is a paradox that despite the presence of such diverse laws, the pollution rate
has crossed the dead line. This is probably because of the reason that the law is
so complicated and vague that even the expert may not know the intricacies of it.
Thus, in India, the higher judiciary has interpreted Art 21 to give it an expanded
meaning of including the right to a clean, safe and healthy environment. Class
actions have been entertained by the Supreme Court under Art 32 of the
Constitution as being part of public interest litigation actions. The High Courts,
also being granted this jurisdiction under Art 226 have intervened by passing
writs, orders and directions in appropriate cases, thereby giving birth to an
incomparable environmental jurisprudence in the form of the constitutional right
to healthy environment. A chronological analysis of the environmental mission
of the courts has been undertaken in order to explicate the development of the
ideology of right to environment as being part of the right to life in the Indian
context.
4.10 SUMMARY
• In this unit, we discussed the meaning of Environmental Laws and learnt a
good deal about its Historical Perspectives. We saw how Environmental
Law originated in India.
• We also made an appraisal of the historical background to environmental
protection in ancient India, particularly in the context to Hindu Era, Mughal
Era and British Era.
• Further, we discussed at length arrival of the British and the formation of
Environmental Laws in India.
• We also discussed, some important Acts formed on Environmental Protection
along the British reign in India and significant developments that took place
in the international scenario including UN Conference.
• In addition we also made excursions into the Fundamental Right to Live in
Healthy Environment.
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Origin of Environmental
4.12 ANSWERS AND HINTS Law
4.13 GLOSSARY
Sustainability : To keep in existence.
Imperialism : The policy or practice of extending a state’s rule
over other.
Deforestation : The cutting down and removal of all or most of
the trees in a forested area.
Laissez-faire : An economic doctrine that opposes governmental
regulation of or interference in commerce beyond
the minimum necessary for a free-enterprise
system to operate according to its own economic
laws.
Protagonist : A person who backs a politician.
Statutes : A law enacted by a legislature.
Conventions : An agreement between states, sides, or military
forces, especially an international agreement.
Treaties : A contract or agreement.
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Regulations : A principle, rule, or law designed to control or Origin of Environmental
Law
govern conduct.
Writ : A written order issued by a court, commanding
the party to whom it is addressed to perform or
cease performing a specified act.
Deleterious : Injurious
Repercussions : Consequences.
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