ENVIRONMENT MANAGEMENT

UNIT IV/D

MADE BY
DR RICHA
SBS
SUBJECT –ENVIRONMENT MANAGEMENT
THE ENVIRONMENT (PROTECTION) ACT

 On a cold wintery midnight in December 1984 when the city of

Bhopal was sound asleep and the workers at Union Carbide India
Ltd. pesticide plant were completing their routinely task, no one was
aware about the tragedy that was about to strike the city. Suddenly,
the families and workers living in the vicinity woke up to sound of
emergency alarm bell and repugnant smell that filled the air making
it difficult for the local population to breath. By the morning, more
than thousand people had already died due to the gas leak that took
place inside UCIL plant and spread in the atmosphere.
 The Methyl isocyanate (MIC) gas in the atmosphere exposed people
to severe irritation in the eyes, coughing, blepharospasm, burning
sensation within the respiratory tracts. Till now, families are
suffering because of the horrors committed by UCIL with more than
500,000 people affected, while owners fled the scene due to weak
environmental and civil laws.
THE ENVIRONMENT (PROTECTION) ACT

 The watershed moment that led to the formulation of EPA

 Bhopal Gas Tragedy considered to be the worst industrial disaster in the
world was a watershed moment for India and country’s Parliament, as the
lawmakers gathered to formulate stronger norms, acts, policies, and laws to
ensure that such horrific incidents do not occur in India again. The
Environment Protection Act of 1986 (EPA) was enacted by the Government
of India under Article 253 of the Indian Constitution. The Act came in as a
result of the Bhopal gas tragedy as well as India’s commitment to follow
United Nations Conference on the Human Environment that took place at
Stockholm in June, 1972.
 The conference was attended by 122 nations that passed the Stockholm
Declaration, that contained 26 principles that focused on development,
environment, and the necessity of human interaction with the
environment. The aim of the Environment Protection Act of 1986 is to
improve and protect the human environment, most importantly to prevent
hazards from happening and causing damage to the ecology.
 The EPA of 1986 enables the Central government to act or
give direction for process, closure of a particular
establishment violating the rules and guidelines of the Act,
regulation and prohibition of an industry, and many such
things that protects and ensures that the EPA is followed.
Central government can formulate rules and regulations to
administer environment pollution. Environment Protection
Act of 1986 includes penalties incase there is a violation of any
aspect of the Act. In case there is any such violation, the head
of the department and office incharge are liable for the
offense.
The Environment Protection Act has defined certain areas as
restricted corridors due to the ecological sensitivity such as
Aravalli Regions in Alwar, Rajasthan, Coastal sensitive zones,
and Doon Valley in Uttarakhand.
THE ENVIRONMENT (PROTECTION) ACT

 THE ENVIRONMENT (PROTECTION) ACT, 1986 ACT NO.

29 OF 1986 [23rd May, 1986.] An Act to provide for the
protection and improvement of environment and for matters
connected therewith.
 WHEREAS decisions were taken at the United Nations
Conference on the Human Environment held at Stockholm in
June, 1972, in which India participated, to take appropriate
steps for the protection and improvement of human
environment; AND WHEREAS it is considered necessary
further to implement the decisions aforesaid in so far as they
relate to the protection and improvement of environment and
the prevention of hazards to human beings, other living
creatures, plants and property; BE it enacted by Parliament in
the Thirty-seventh Year of the Republic of India as follows:
THE ENVIRONMENT (PROTECTION) ACT

 It has IV Chapters :
 CHAPTER I PRELIMINARY 1. Short title, extent and
commencement.
 CHAPTER II GENERAL POWERS OF THE
CENTRAL GOVERNMENT
 CHAPTER III PREVENTION, CONTROL AND
ABATEMENT OF ENVIRONMENTAL POLLUTION
 CHAPTER IV MISCELLANEOUS
THE ENVIRONMENT (PROTECTION) ACT

 CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—

 (1) This Act may be called the Environment (Protection) Act, 1986.
 (2) It extends to the whole of India.
 (3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint and different dates may be
appointed for different provisions of this Act and for different areas.
 2. Definitions.—In this Act, unless the context otherwise requires,— (a)
“environment” includes water, air and land and the inter-relationship
which exists among and between water, air and land, and human beings,
other living creatures, plants, micro-organism and property;
 (b) “environmental pollutant” means any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be, injurious to
environment;
 (c) “environmental pollution” means the presence in the environment of
any environmental pollutant;
THE ENVIRONMENT (PROTECTION) ACT

 (d) “handling”, in relation to any substance, means the

manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion,
offering for sale, transfer or the like of such substance;
 CHAPTER II GENERAL POWERS OF THE CENTRAL
GOVERNMENT
 3. Power of Central Government to take measures to protect
and improve environment.—
 (1) Subject to the provisions of this Act, the Central
Government shall have the power to take all such measures as
it deems necessary or expedient for the purpose of protecting
and improving the quality of the environment and preventing,
controlling and abating environmental pollution.
THE ENVIRONMENT (PROTECTION) ACT

 CHAPTER III PREVENTION, CONTROL AND

ABATEMENT OF ENVIRONMENTAL POLLUCTION
 7. Persons carrying on industry, operation, etc., not to allow
emission or discharge of environmental pollutants in excess of the
standards.—No person carrying on any industry, operation or
process shall discharge or emit or permit to be discharged or
emitted any environmental pollutant in excess or such standards as
may be prescribed.
 CHAPTER IV MISCELLANEOUS
 18. Protection of action taken in good faith.—No suit, prosecution or
other legal proceeding shall lie against the Government or any
officer or other employee of the Government or any authority
constituted under this Act or any member, officer or other employee
of such authority in respect of anything which is done or intended to
be done in good faith in pursuance of this Act or the rules made or
orders or directions issued thereunder.
 Ozone layer depletion

 Ozone depletion describes two related events observed since the

late 1970s: a steady lowering of about four percent in the total
amount of ozone in Earth's atmosphere (the ozone layer ), and a
much larger springtime decrease in stratospheric ozone around
Earth's polar regions.
 The latter phenomenon is referred to as the ozone hole. There are
also springtime polar tropospheric ozone depletion events in
addition to these stratospheric events.
 The main cause of ozone depletion and the ozone hole is
manufactured chemicals, especially
manufactured halocarbonrefrigerants , solvents , propellants and
foam-blowing agents (chlorofluorocarbons (CFCs), HCFCs, halons),
referred to as ozone-depleting substances (ODS).
 These compounds are transported into the stratosphere by the
winds after being emitted from the surface
 Ozone layer depletion

 Once in the stratosphere, they catalyze the breakdown

of ozone (O3) into oxygen (O2).
 Both types of ozone depletion were observed to increase
as emissions of halocarbons increased.
 Ozone depletion and the ozone hole have generated
worldwide concern over increased cancer risks and other
negative effects. The ozone layer prevents most
harmful UVB wavelengths of ultraviolet light (UV light)
from passing through the Earth's atmosphere.
 These wavelengths cause skin cancer , sunburn
and cataracts, which were projected to increase
dramatically as a result of thinning ozone, as well as
harming plants and animals.
 Ozone layer depletion

 These concerns led to the adoption of the Montreal

Protocol in 1987, which bans the production of CFCs,
halons and other ozone-depleting chemicals.
 The ban came into effect in 1989.
 Ozone levels stabilized by the mid-1990s and began to
recover in the 2000s.
 Recovery is projected to continue over the next century,
and the ozone hole is expected to reach pre-1980 levels
by around 2075.
 The Montreal Protocol is considered the most successful
international environmental agreement to date.
 Consequences of ozone layer depletion

 Increased UV
 Ozone, while a minority constituent in Earth's
atmosphere, is responsible for most of the
absorption of UVB radiation.
 The amount of UVB radiation that penetrates
through the ozone layer decreases exponentially
 When stratospheric ozone levels decrease, higher
levels of UVB reach the Earth’s surface.
 Consequences of ozone layer depletion

 Biological effects
 Ozone depletion would magnify all of the effects of UV on
human health, both positive (including production of vitamin
D) and negative (including sunburn, skin cancer, and
cataracts).
 In addition, increased surface UV leads to increased
tropospheric ozone, which is a health risk to humans.
 Basal and squamous cell carcinomas
 Malignant melanoma
 Cataracts
 Increased production of vitamin D
 Effects on animals
 Effects on crops
NUCLEAR ACCIDENTS
 Chernobyl

 Worst accident ever in the history of Nuclear power

 Released more than 100 times the radiation produced by the atom
bombs of Hiroshima and Nagasaki

 Affected Western Soviet Union, Eastern, Central and Northern Europe,

and Eastern and Northern America

 336,000 people evacuated and resettled elsewhere

 Where is the Chernobyl Plant?

 Ukraine

 18km northwest of Chernobyl town

 110km north of Kiev

 What Happened?

Series of events in Reactor 4 resulting in:

 Catastrophic “Steam Explosion”

 Nuclear meltdown

 Graphite fire
 What happened

 The event occurred during a late-night safety test which

simulated a station blackout power-failure, in the course
of which safety systems were intentionally turned off.
 A combination of inherent reactor design flaws and the
reactor operators arranging the core in a manner
contrary to the checklist for the test, eventually resulted
in uncontrolled reaction conditions. Water flashed into
steam generating a destructive steam explosion and a
subsequent open-air graphite fire.
 This fire produced considerable updrafts for about nine
days.
 Radioactive material precipitate onto parts of the
western USSR and Europe.
 What happened

 The accident started during a safety test on an RBMK-type nuclear

reactor, which was commonly used throughout the Soviet Union.
The test was a simulation of an electrical power outage to aid the
development of a safety procedure for maintaining cooling water
circulation until the back-up generators could provide power. This
operating gap was about one minute and had been identified as a
potential safety problem that could cause the nuclear reactor core to
overheat.
 Three such tests had been conducted since 1982, but had failed to
provide a solution. On this fourth attempt, the test was delayed by
10 hours, so the operating shift that had been prepared was not
present. The test supervisor then failed to follow procedure, creating
unstable operating conditions that, combined with inherent RBMK
reactor design flaws and the intentional disabling of several nuclear
reactor safety systems, resulted in an uncontrolled nuclear chain
reaction
 What happened

 A large amount of energy was suddenly released, vapourising superheated

cooling water and rupturing the reactor core in a highly destructive steam
explosion. This was immediately followed by an open-air reactor core fire
that released considerable airborne radioactive contamination for about
nine days that precipitated onto parts of the USSR and western Europe,
before being finally contained on 4 May 1986
 To reduce the spread of radioactive contamination from the wreckage and
to protect the site from further weathering, the remains of reactor No. 4
required a protective enclosure. The Chernobyl Nuclear Power Plant
sarcophagus was built and finished by December 1986, and would also
provide radiological protection for the crews of the undamaged reactors at
the site, with No. 3 continuing to produce electricity until 2000.Due to the
continued deterioration of the sarcophagus, both it and the No. 4 reactor
were further enclosed in 2017 by the Chernobyl New Safe Confinement, a
larger enclosure that allows the removal of both the sarcophagus and the
reactor debris, while containing the radioactive hazard. Nuclear clean-up is
scheduled for completion in 2065
 Human Effects

 3, 36,000 people evacuated and resettled

 237 suffered
from acute
radiation sickness

 31 deaths within
3 months

 9,000 cancer deaths expected as direct

result of radiation exposure

 4,000 thyroid cancer

cases among children by 2002
 HUMAN EFFECTS

 The reactor explosion killed two of the reactor operating staff. In the
emergency response that followed, 134 firemen and station staff
were hospitalized with acute radiation syndrome due to absorbing
high doses of ionizing radiation. Of these 134 men, 28 died in the
days to months afterward and approximately 14
suspected radiation-induced cancer deaths followed within the next
10 years.Among the wider population, an excess of
15 childhood thyroid cancer deaths were documented as of 2011.
 Due to the often long incubation periods for radiation exposure to
induce cancer, the United Nations Scientific Committee on the
Effects of Atomic Radiation (UNSCEAR) has, at multiple times,
reviewed all the published research on the incident and found that
at present, fewer than 100 documented deaths are likely to be
attributable to increased exposure to radiation
 THE BHOPAL GAS TRAGEDY

 The Bhopal disaster, also referred to as the Bhopal gas

tragedy, was a gas leak incident on the night of 2–3 December
1984 at the Union Carbide India Limited (UCIL) pesticide plant
in Bhopal, Madhya Pradesh, India. It was considered as of 2010 to
be the world's worst industrial disaster
 Over 5, 00,000 people were exposed to methyl isocyanate
(MIC) gas. The highly toxic substance made its way into and around
the shanty towns located near the plant.
 Estimates vary on the death toll. The official immediate death toll
was 2,259. The government of Madhya Pradesh confirmed a total of
3,787 deaths related to the gas release.
 A government affidavit in 2006 stated that the leak caused 558,125
injuries, including 38,478 temporary partial injuries and
approximately 3,900 severely and permanently disabling injuries.
 Others estimate that 8,000 died within two weeks, and another
8,000 or more have since died from gas-related diseases
 THE BHOPAL GAS TRAGEDY

 The cause of the disaster remains under debate. The

Indian government and local activists argue that
slack management and deferred maintenance
created a situation where routine pipe maintenance
caused a backflow of water into a MIC tank,
triggering the disaster. Union Carbide
Corporation (UCC) argues water entered the tank
through an act of sabotage.
 THE BHOPAL GAS TRAGEDY

 Civil and criminal cases were filed in the District Court of

Bhopal, India, involving UCC and Warren Anderson,
UCC CEO at the time of the disaster.
 In June 2010, seven former employees, including the
former UCIL chairman, were convicted in Bhopal of
causing death by negligence and sentenced to two years
imprisonment and a fine of about $2,000 each, the
maximum punishment allowed by Indian law. An eighth
former employee was also convicted, but perished before
the judgement was passed.
 Anderson similarly passed away on 29 September 2014
 ACUTE HEALTH EFFECTS OF BHOPAL GAS
TRADEGY

 The initial effects of exposure were coughing, severe eye irritation

and a feeling of suffocation, burning in the respiratory
tract, blepharospasm, breathlessness, stomach pains and vomiting.
People awakened by these symptoms fled away from the plant.
Those who ran inhaled more than those who had a vehicle to ride.
 Owing to their height, children and other people of shorter stature
inhaled higher concentrations, as methyl isocyanate gas is
approximately twice as dense as air and hence in an open
environment has a tendency to fall toward the ground.
 Thousands of people had died by the following morning. Primary
causes of deaths were choking, reflexogenic circulatory
collapse and pulmonary oedema. Findings
during autopsies revealed changes not only in the lungs but
also cerebral oedema, tubular necrosis of the kidneys, fatty
degeneration of the liver and necrotising enteritis.The stillbirth rate
increased by up to 300% and neonatal mortality rate by around
200%
 Long term health effects of bhopal gas tragedy

 Long-term health effects

 Some data about the health effects are still not available. The Indian
Council of Medical Research(ICMR) was forbidden to publish
health effect data until 1994.
 Studied and reported long term health effects are:
 Eyes: Chronic conjunctivitis, scars on cornea, corneal opacities,
early cataracts
 Respiratory tracts: Obstructive and/or restrictive disease,
pulmonary fibrosis, aggravation of TB and chronic bronchitis
 Neurological system: Impairment of memory, finer motor skills,
numbness etc.
 Psychological problems: Post traumatic stress disorder (PTSD)
 Children’s health: Peri- and neonatal death rates increased. Failure
to grow, intellectual impairment, etc.
 Human Population – human health

 The world’s population has touched a mark of 7.3 billion in

2015 and could attain growth level of 9-12 billion before the
year 2050 which suggest that the impact of overpopulation
can increase the pace of ecological changes and impose a
burden on biodiversity .
 The 49 least developed countries have shown a growth rate of
2.3% annually, which was nearly twice as compared to the
developing world i.e. 1.2% per year in the year 2009 .
Increases in human population size have caused an increased
risk of synergies among impacts with resultant accelerated
environmental degradation .
 This increase in population size has fastened the agricultural
activities and technological development up to the extent,
which is catastrophic to environmental health
 Human Population – human health

 Thus, to reduce environmental degradation and to

ensure sustainability of natural resources, better
understanding of potential impacts of overpopulation on
environmental and human health are required.
 An exponential growth of human population over the last
few centuries has caused encroachment in the wild
habitats and their consequent destruction, posing a
potential threat to biodiversity components .
 Growth rate of world population was approximately 2%
per annum from 1960-2000, which indicted potential
population doubling every 35 years thus could cause
ecological unsustainability
 Human Population – human health

 IMPACTS OF OVERPOPULATION
 Overpopulation has severe environmental
implications. Although it has contributed in the
nation’s economy at global level, but has caused
some adverse impacts on environment, which need
to be addressed
 URBANIZATION AND ENVIRONMENT

 In 1975 only 27% of the people in the developing world lived

in urban areas. By 2000 this had grown to 40% and by 2030
well informed estimates state that this will grow to 56%. The
developed world is already highly urbanized with 75% of its
population living in the urban sector.
 Urban population growth is both due to migration of people to
towns and cities from the rural sector in search of better job
options as well as population growth within the city.
 As a town grows into a city it not only spreads outwards into
the surrounding agricultural land or natural areas such as
forests, grasslands and wetlands but also grows skywards with
high rise buildings. The town also loses its open spaces and
green cover unless these are consciously preserved. This
destroys the quality of life in the urban area.
 URBANIZATION AND ENVIRONMENT

 Good urban planning is essential for rational landuse

planning, for upgrading slum areas, improving water
supply and drainage systems, providing adequate
sanitation, developing effective waste water
treatment plants and an efficient public transport
system.
 Unplanned and haphazard growth of urban
complexes has serious environmental impacts.
Increasing solid waste, improper garbage disposal
and air and water pollution are frequent side effects
of urban expansions.
 URBANIZATION AND ENVIRONMENT

 While all these issues appear to be under the preview of local

Municipal Corporations, better living conditions can only become a
reality if every citizen plays an active role in managing the
environment. This includes a variety of “Dos and Don’ts” that
should become an integral part of our personal lives.
 Apart from undertaking actions that support the environment every
urban individual has the ability to influence a city’s management.
He or she must see that the city’s natural green spaces, parks and
gardens are maintained, river and water fronts are managed
appropriately, roadside tree cover is maintained, hill slopes are
afforested and used as open spaces and architectural and heritage
sites are protected.
 Failure to do this leads to increasing urban problems which
eventually destroys a city’s ability to maintain a healthy and happy
lifestyle for its dwellers.
 URBANIZATION AND ENVIRONMENT

 All these aspects are closely linked to the population growth in

the urban sector. In many cities growth outstrips the planner’s
ability to respond to this in time for a variety of reasons
 Small urban centers too will grow rapidly during the next
decades and several rural areas will require reclassification as
urban centers. India’s urban areas will grow by a projected
297 million residents. In India people move to cities from
rural areas in the hope of getting a better income.
 This is the ‘Pull’ factor. Poor opportunities in the rural sector
thus stimulates migration to cities. Loss of agricultural land to
urbanisation and industry, the inability of governments to
sustainably develop the rural sector, and a lac
 URBANIZATION AND ENVIRONMENT

 of supporting infrastructure in rural areas, all push people

from the agricultural and natural wilderness ecosystems into
the urban sector. As our development strategies have focused
attention mostly on rapid industrial development and
relatively few development options are offered for the
agricultural rural sector, a shift of population is inevitable
 As population in urban centers grows, they draw on resources
from more and more distant areas. The "Ecological footprint"
corresponds to the land area necessary to supply natural
resources and disposal of waste of a community. At present
the average ecological footprint of an individual at the global
level is said to be 2.3 hectares of land per capita. But it is
estimated that the world has only 1.7 hectares of land per
individual to manage these needs sustainably. This is thus an
unsustainable use of land.
 ENVIRONMENTAL HEALTH

 Environmental health, as defined by WHO, comprises those

aspects of human health, including quality of life, that are
determined by physical, chemical, biological, social, and
psychosocial factors in the environment. It also refers to the
theory and practice of assessing, correcting, controlling, and
preventing those factors in the environment that adversely
affect the health of present and future generations.
 Our environment affects health in a variety of ways. Climate
and weather affect human health. Public health depends on
sufficient amounts of good quality food, safe drinking water,
and adequate shelter. Natural disasters such as storms,
hurricanes, and floods still kill many people every year.
Unprecedented rainfall trigger epidemics of malaria and water
borne diseases
 ENVIRONMENTAL HEALTH

 Global climate change has serious health implications. Many countries will
have to adapt to uncertain climatic conditions due to global warming. As
our climate is changing, we may no longer know what to expect. There are
increasing storms in some countries, drought in others, and a temperature
rise throughout the world. The El Niño winds affect weather world world
 wide. The El Niño event of 1997/98 had serious impacts on health and well-
being of millions of people in many countries. It created serious drought,
floods, and triggered epidemics. New strategies must be evolved to reduce
vulnerability to climate variability and changes.
 Economic inequality and environmental changes are closely connected to
each other. Poor countries are unable to meet required emission standards
to slow down climate change. The depletion of ozone in the stratosphere
(middle atmosphere) also has an important impact on global climate and in
turn human health, increasing the amount of harmful ultraviolet radiation
that reaches the Earth’s surface. This results in diseases such as skin cancer
 ENVIRONMENTAL HEALTH

 Development strategies that do not incorporate ecological safeguards often

lead to ill health. Industrial development without pollution control and
traffic congestion affect the level of air pollution in many cities. On the
other hand, development strategies that can promote health invariably also
protect the environment. Thus environmental health and human health are
closely interlinked. An improvement in health is central to sound
environmental management. However this is rarely given sufficient
importance in planning development strategies.
 Examples of the linkages:
 • Millions of children die every year due to diarrhoea from contaminated
water or food. An estimated 2000 million people are affected by these
diseases and more than 3 million children die each year from waterborne
diseases across the world. In India, it is estimated that every fifth child
under the age of 5 dies due to diarrhoea. This is a result of inadequate
environmental management and is mainly due to inadequate purification
of drinking water
 ENVIRONMENTAL HEALTH

 Millions of people, mainly children, have poor health due to

parasitic infections, such as amoebiasis and worms. This occurs
from eating infected food, or using poor quality water for cooking
food. It is estimated that 36% of children in low-income countries
and 12% in middle income countries are malnourished. In India,
about half the children under the age of four are malnourished and
30% of newborns are significantly underweight.
 • Hundreds of millions of people suffer serious respiratory diseases,
including lung cancer and tuberculosis, from crowded homes and
public places. Motor vehicle exhaust fumes, industrial fumes,
tobacco smoke and cooking food on improper ‘chulas’, contribute to
respiratory diseases.
 • Millions of people are exposed to hazardous chemicals in their
workplace or homes that lead to ill health due to industrial products
where controls are not adhered to.
 ENVIRONMENTAL HEALTH

 Tens of thousands of people in the world die due to

traffic accidents due to inadequate management of traffic
conditions. Poor management at the accident site, and
inability to reach a hospital within an hour causes a large
number of deaths, especially from head injuries.
 • Basic environmental needs such as clean water, clean
air and adequate nutrition which are all related to
environmental goods and services do not reach over
1000 million people living in abject poverty.
 • Several million people live in inadequate shelters or
have no roof over their heads especially in urban settings.
This is related to high inequalities in the distribution of
wealth and living space.
 HUMAN RIGHTS AND ENVIRONMENT

 The issue of ‘Environmental Human Rights’ or the human

right to a safe and healthy environment is not a new one.
 It has been suggested that the development of concern for
human rights and for the environment have been two key
processes which characterised the 20th century. Much more
must be done before the rights set out in the UN Universal
Declaration of Human Rights can be fully realised for all
people, yet the principle that “human rights should be
protected by the rule of law” is still universally recognised.
 This protection of human rights by the rule of law remains
one of the keystones for democratic expression, within a
framework that guarantees legal action while fostering
dialogue
 HUMAN RIGHTS AND ENVIRONMENT

 We would suggest that the principles of human

rights, the right to life and the right to development
can not be realised in the absence of the right to a
healthy environment.
 Many international agreements since the 1972
Stockholm Conference have talked about such a
right. Some sixty nations have constitutions or pieces
or legislation intendedto ensure this right, although
there is little evidence of work to make this happen.
 HUMAN RIGHTS AND ENVIRONMENT

 Work towards sustainable development is increasingly

recognising the importance of a human rights approach. This
should not be surprising: the protection of human life in
relation to life, health, culture and living standards is central
to any social, environmental or economic programmes.
 The right to life can not be realised without the basic right to
clean, water, air and land. A human rights approach allows
the quality of life of people, in particular the most vulnerable,
to be integrated into environmental decision making. There
are two main approaches to human rights and the
environment:
 ● the use of existing human rights, and
 ● the need for new human rights for a safe and clean
environment.
 HUMAN RIGHTS AND ENVIRONMENT

 The rights we have already are: 1. civil and political, and

2. economic, social and cultural
 It is nearly thirty years since the UN Stockholm
Conference in 1972 put environmental issues on the
international agenda. Since then there has been much
hard work to protect and improve the environment
globally, nationally and locally.
 There has been much progress, but it is clear that in all
parts of the world our environment is under threat and
that many problems are becoming more serious. The Rio
summit recognised these problems and sought to resolve
them through Agenda 21 and the various UNCED
Conventions.
 HUMAN RIGHTS AND ENVIRONMENT

 We suggest that any discussion of environmental human

rights must encompass three areas of work:
 ● The right to a clean and safe environment
 ● The right to act to protect the environment
 ● The right to information participate in decision-
making Different organisations across the world are
approaching these issues in their own ways, but there are
some commonalities:
 ● The right to a clean and safe environment- These are
‘substantive’ rights. They are the most basic rights, and the
hardest to define. Many organisations would support the idea
that “clean water and food security” are “basic human rights” .
The UN Draft Principles from 1994 spell out what these might
be in more detail.
 WILDLIFE PROTECTION ACT

 The Wildlife Protection Act, 1972 is an Act of

the Parliament of India enacted for protection of plants
and animal species. Before 1972, India only had five
designated national parks.
 Among other reforms, the Act established schedules of
protected plant and animal species; hunting or
harvesting these species was largely outlawed.
 The Act provides for the protection of wild animals,
birds and plants; and for matters connected therewith or
ancillary or incidental thereto. It extends to the whole
of India, except the State of Jammu and Kashmir which
has its own wildlife act.
 WILDLIFE PROTECTION ACT

 It has seven schedules which give varying degrees of

protection. Schedule I and part II of Schedule II provide
absolute protection - offences under these are prescribed the
highest penalties.
 Species listed in Schedule III and Schedule IV are also
protected, but the penalties are much lower.
 Schedule V includes the animals which may be hunted. The
specified endemic plants in Schedule VI are prohibited from
cultivation and planting.
 The hunting to the Enforcement authorities have the power to
compound offences under this Schedule (i.e. they impose fines
on the offenders). Up to April 2010 there have been 16
convictions under this act relating to the death of tiger
 WILDLIFE PROTECTION ACT

 The "Wild Life (Protection) Act, 1972" was enacted by Parliament of India
in 1972
 Definitions under the Act (Section 2)
 "animal" includes amphibians , birds , mammals , and reptiles , and their
young ones, and also includes, in the cases of birds and reptiles, their eggs.
 "animal article" means an article made from any captive or wild animal,
other than vermin , and includes an article or object in which the whole or
any part of such animal has been used and an article made therefrom.
 "hunting" includes
 (a) capturing, killing, poisoning, snaring , or trapping any wild animal, and
every attempt to do so
 (b) driving any wild animal for any of the purposes specified in sub clause
 (c) injuring, destroying or taking any body part of any such animal, or in
the case of wild birds or reptiles, disturbing or damaging the eggs or nests
of such birds or reptiles.
 WILDLIFE PROTECTION ACT

 Hunting (Section 9)
 This section describes what constitutes hunting and the
intent to hunt. Hunting wild animals is prohibited.
 Penalties (Section 51)
 Penalties are predescribed in section 51. Enforcement
can be performed by agencies such as the Forest
Department, the Police, the Wildlife Crime Control
Bureau (WCCB), the Customs and the Central Bureau of
Investigation (CBI).
 Chargesheets can be filed directly by the Forest
Department. Other enforcement agencies, often due to
the lack of technical expertise, hand over cases to the
Forest Department
WILDLIFE PROTECTION ACT
 Environmental legislations

 India has had a long history of environmentalism

with the passage and codification of acts such as the
The Bengal Smoke Nuisance Act of 1905, The Indian
Motor Vehicle Act, The Factories Act, The Indian
Forest Act, The Mines and Minerals (Regulation and
Development) Act, The Industries (Development and
Regulation) Act, The Forest (Conservation) Act etc
 Also important are the Wildlife Protection
act and the Environment Protection act
 Environmental legislations

 The Indian Penal Code, passed in 1860, penalises

persons responsible for causing defilement of water
of a public spring or reservoir with imprisonment or
fines.
 The Factories Act also addresses public safety and
health issues. The legislation addresses the discharge
of water and effluents by factories, calling for
effective arrangements for disposal at the plant-level.
As in the Indian Penal Code, penalties have been
provided.
 Environmental legislations

 Constitution of India

 India was the first country to insert an amendment into its

Constitution allowing the State to protect and improve the
environment for safeguarding public health, forests and wild
life.
 The 42nd amendment was adopted in 1976 and went into
effect on 3 rd January 1977.
 The language of the Directive Principles of State Policy
(Article 47) requires not only a protectionist stance by the
State but also compels the State to seek the improvement of
polluted environments.
 This allows the government to impose restrictions on
potentially harmful entities such as polluting industries.
 Issues in enforcement of environmental
legislations

 Some of the important issues involved in enforcement of

environmental legislation in India are as follows:
 1. The precautionary principle,
 2. The polluter-pays principle,
 3. Freedom of information!
 The environmental issue in India looks gloomy despite so
many Legislations and Acts.
 The rivers and lakes continue to be choked with
industrial waste and sewage. The air in many cities of
India is heavily polluted. Deforestation takes place quite
normally. The protection of wildlife is not carried out in
its true spirit, despite the enforcement of Acts.
 Issues in enforcement of environmental
legislations

 The people must be guided and helped to establish the

trend of acceptance of preventing the environment as a
whole, our health and Earth’s resources, The presence of
legislation to protect the air, water, soil etc., doesn’t
necessarily mean the problem is addressed.
 Once the legislation is made at the global, national or
state level, it has to be implemented. For environmental
legislation to be successfully implemented there has to be
an effective agency to collect relevant data, process it and
pass it on to a law enforcement agency. If the law or rule
is broken by an individual or institution, this has to be
punished through the legal process.
 Issues in enforcement of environmental
legislations

 The Government of India constituted a Central Board for

prevention and control of water pollution after the Water Act,
1974 was passed. Subsequently Air (Prevention and Control of
Pollution) Act 1986 was passed. The Central Board for
prevention and control of water pollution was entrusted to
manage the affairs enumerated in Air Act, 1986 and
Environment Act, 1986.
 Several other acts and rules were enacted. All the state
governments also constituted pollution central boards in their
respective states and accepted the central legislation in their
respective legislative assemblies.
 Some of the pollution monitoring is carried out by other
agencies, e.g., vehicular pollution is monitored by transport
department. This is a real drawback because several agencies
cannot control pollution.
 Issues in enforcement of environmental
legislations

 Three issues that are especially important for

environmental legislation are:
 1. The precautionary principle:
 This principle has evolved to deal with risks and uncertainties
faced by environmental management. The principle implies
that an ounce of prevention is worth a pound of cure it does
not prevent problems but may reduce their occurrence and
helps ensure contingency plans are made.
 The application of this principle requires either cautious
progress until a development can be judged ‘innocent’, or
avoiding development until research indicates exactly what
the risks are, and then proceeding to minimize them.
 Issues in enforcement of environmental
legislations

 2. The polluter-pays principle:

 In addition to, the obvious the polluter pays for the damaged caused by a
development this principle also implies that a polluter pays for monitoring
and policing. A problem with this approach is that fines may bankrupt
small businesses, yet be low enough for a large company to write them off
as an occasional overhead, which does little for pollution control.
 3. Freedom of information:
 Environmental planning and management is hindered if the public, NGOs
or even official bodies are unable to get information. Many countries have
now begun to release more information, the USA has a Freedom of
Information Act, and the European Union is moving in this direction.
 But still many governors and multinational corporations fear that
industrial secrets will leak to competitors if there is too much disclosure,
and there are situations where authorities declare strategic needs and
suspend disclosure.
 PUBLIC AWARENESS IN ENVIRONMENT
PROTECTION

 In the past two decades, environment has attracted the attention of

decision makers, scientists and even laymen in many parts of the
world. They are becoming increasingly conscious of issues such as
famines, droughts, floods, scarcity of fuel, firewood and fodder,
pollution of air and water, problems of hazardous chemicals and
radiation, depletion of natural resources, extinction of wildlife and
dangers to flora and fauna.
 People are now aware of the need to protect the natural
environmental resources of air, water, soil and plant life that
constitute the natural capital on which man depends. The
environmental issues are important because the absence of their
solutions is more horrible.
 Unless environmental issues are not solved or not taken care of the
coming generations may find earth worth not living. The need of the
planet and the needs of the person have become one.
 PUBLIC AWARENESS IN ENVIRONMENT
PROTECTION

 There is no denying the fact that environment has to

be protected and conserved so to make future life
possible. Indeed, man's needs are increasing and
accordingly the environment is also being altered,
indeed, nature's capacity is too accommodating and
too regenerative yet there is a limit to nature's
capacity, especially when pressure of exploding
population and technology keep mounting.
 What is required is the sustenance, conservation
and improvement of the changing and fragile
environment.
 PUBLIC AWARENESS IN ENVIRONMENT
PROTECTION

 In India, the environmental awareness gained

importance since 1970s after the UN sponsored
conference on environment in Stockholm (1972). Indian
government took many environment friendly activities.
Ministry of environment and forest was established and
laws were enacted on environment protection in 1986.
 The objective of India's National Environment policy,
here, are worth stating.
 1) Conserve and develop safe, healthy, productive, and
aesthetically satisfying environment ;
 2) Upgrade, develop and manage rural and urban
settlement to enhance the quality of life ;
 PUBLIC AWARENESS IN ENVIRONMENT
PROTECTION

 Some Measures taken by Indian Government to Check

Environmental Pollution
 1) Environmental Courts: Special courts are being set up to ensure
speedy justice of the poor against factories that pollute the
Environment.
 2) Environment Friendly Products : The government is setting
stringent standards for all products in the market. Those, which
meet these standards of production and performance will be given
the label of excellence like the ISI mark.
 3) Unleading Of Petrol : Refineries are being persuaded to make
their petrol lead free. Indian petrol has the highest lead content,
which creates major pollution through automobiles.
 4) Ban On Harmful Pesticides: Eight chemical pesticides, of which
DDT, BHC, Aldrin and Malathion are the main culprits have been
isolated. There are now plans to replace them with safe
biopesticides.
 PUBLIC AWARENESS IN ENVIRONMENT
PROTECTION

 National Waste Management Council: The main task is to

convert 40 million tones of flyash, that lie as a mountain near
thermal power plants into bricks, city garbage into energy and
sewage into fertilizer.
 6) Public Liability Insurance: This makes it mandatory for all
companies to take out a public liability insurance to be paid in
48 hours.
 7) Pollution By Motor Vehicles : Anti-pollution measures
against motor vehicles are being strictly enforced. Vehicles not
adhering to the standards prescribed are fined heavily and
may even be asked to be off the road.
 8) Hotel Near Sea Shore: Action has been taken against a
large number of hotels which encroach beaches in flagrant
violation of laws
 REFERENCES

 1. Anonymous. 1983. Trends, needs and priorities of

environmental education since the Tbilisi Conference an
overview. Environmental Education Series No. 1.
 Unesco-UNEP International Environmental Programme.
Paris, France. 43 pp.
 2. Hungerford, H. R. and T. L. Volk. 1990. Changing learner
behavior through environmental education. The Round Table
on Environment and Education at the World Conference on
Education for All. Sponsored by UNESCO, UNICEF and
UNEP. Jomtien, Thailand. March. 28 pp.
 3. Peyton, B., Campa. H., Winterstein, S. R., Peyton, M. and
Peyton, J. 1997. Biological Diversity for Secondary Education.
Environmental Education Module. UNESCO- UNEP.
International Environmental Education Programme (IEEP).
153 pp.
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