Environmental Policy,

Legislation And
Implementation
by
Mrs Almitra H Patel
Member, Supreme Court Committee
for Urban Solid Waste Management

almitrapatel@rediffmail.com
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 India is a “soft State”
It has excellent environmental laws,
but politics and/or corruption prevent
their effective implementation.

The result has been disastrous for

our environment and hence for the
economy too, as we are now seeing.
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 Public Interest Litigation
has become the last resort
It has given a voice to concerned
and knowledgeable citizens and a
a push for action and enforcement.
It is politically convenient to pass the
buck to the Courts for doing what the
legislature and executive ought to do.
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 India’s environmental laws
span more than a century

1865 British take forest lands from princes

1927 Forest Act, amended 1980
1974 Water Act
1981 Air Act
1986 Environment Protection Act
1991 Coastal Regulation Zones
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 New Laws are moving from
the general to Specifics
This has been made possible under the
1986 Environment Protection Act
1989 Hazardous Waste Rules
1998 Biomedical Waste Rules
1999 Rules for Recycled Plastics,
Fly Ash Notification
2000 Municipal Solid Waste Rules
2000 Battery Mgt & Handling Rules
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 Pollution Prevention and Waste
Minimisation Rules will be next
A major weakness of the Environment
Protection Act is its lack of “teeth”

So new directions may arise either as

judgments : CNG for Delhi vehicles,
or State or City Rules : Plastic carry-bags
banned in Sikkim, parts of West Bengal,
Nilgiris Dt, Shimla, all of Bangla Desh

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 Economic Instruments
will be the next phase
Karnataka’s Green Tax on 15-year-old
vehicles is the first of such moves.
World-wide, these are the most
effective, e.g. for take-back of
PET bottles and beer cans.
Such moves should be welcomed,
creatively used and suggested by
industry, e.g to prevent water pollution.
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 WATER
Water-sharing cases are decades old.
Judgments continue to cover Ganga
Action Plan, Yamuna Pollution, drinking-
water for villages beside Bhima River !
National River Conservation Authority &
National Water Policy won’t succeed till
we rethink centralised sewage treatment.
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RIGHT TO MANAGE WATER
Alwar villagers revive a dead river, but
officials tried to destroy their check-dam
Fishing rights won for Tawa Lake villagers
Chilika Lake fishermen still fight big business
Ground-water withdrawal rules flouted
Citywide rainwater harvesting becoming
a requirement
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 AIR
MC Mehta’s 1985 case for unleaded petrol
won relief only in 2001, only because private
sector Reliance offered it. Still 2 out of 7 IOC
refineries produce leaded fuel which finds its
way to cities. Public vigilance is the answer.

Noise pollution judgments have begun: fire-

crackers only during limited hours, loud-
speaker rules for Calcutta, etc.
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 LAND : PRIVATE OR
COMMUNITY PROPERTY?
All lands in India except the king’s were
community-owned until the British brought the
concept of private property.
Nepal’s forests are now being restored through
community control.
“Me-first” culture has wrought massive
degradation. Citizens need to support
community control of urban or rural spending
and our precious coastline.
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 THE US EPA HAS “TEETH”
National Capital Territory of Delhi’s
“Bhure Lal Committee” is the first
in India to enjoy similar powers.
We need such models to spread to
other metro areas for effective
environment protection
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 HAZARDOUS WASTE
The 1989 Rules are totally useless as
not one State has officially identified &
started work on an engineered landfill.
So industries asked to “store on-site”
just pour effluents down “reverse
borewells” or dump illegally all over.
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 MSW Rules 2000
These require keeping ‘Wet’ food wastes
and ‘Dry’ recyclables unmixed. Bio-
degradable Wet wastes to be composted.

By 31.12.2001 improve existing landfills

Dec 02 identify & prepare landfill sites
Dec 03 Set up waste processing
and disposal facilities
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 WHERE ARE THE
LANDFILLS?

Appalling open dumps make villagers

protest : NIMBY syndrome everywhere.
State balks at declaring Buffer Zones of
No-Development, so property-owners
clamour for relocation of existing dumps.
Is decentralised composting the answer?
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 OTHER LAWS ARE ENTWINED

Contract Labour Act 1970 prevents cities

from privatising cleaning services.
Transport cartels fight its fair privatisation.
Citizens pay the price in filth and taxes.
This will be so in other spheres too. IEA
can collate such issues & address them.
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 THANK YOU
Mrs Almitra Patel
50 Kothnur, Bagalur Rd
Bangalore 560077
080-8465365
almitrapatel@rediffmail.com
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