Академический Документы
Профессиональный Документы
Культура Документы
PREAMBLE
The preamble of the Constitution of India provides that our country is based on Socialistic pattern of society. The basic aim of socialism is to provide decent standard of life to all, which is possible only in pollution free environment. Pollution is a social problem and the State is required to pay more attention to it. DIRECTIVE PRINCIPLES OF STATE POLICY Article 47 of the Constitution is one of the Directive principles of the State policy and it provides that the State shall regard raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The improvement of public health includes the protection and improvement of environment without which public health cannot be assured. The Environmental protection and improvement were explicitly incorporated into the Constitution of India by the 42 Amendment Act(1976), which added Article 48A to the Directive principles of State policy and declares that, the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life for the country.
3
FUNDAMENTAL DUTIES
Article 51A(g) on Fundamental Duties imposed a similar responsibility on every citizen to protect and improve environment. It states, It should be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures. Thus, Indian Constitution became one of the rare constitutions of the world where specific provisions were incorporated in putting obligations on the State as well as citizens to protect and improve the environment. Constitutional Provisions provides for local management of resources and are implemented through environmental protection laws of the country.
4
INTRODUCTION
In recent past the judiciary has played a proactive role in the area of environment conservation, in particular the courts have been active in achieving a greater degree of compliance with the laws and in upholding the rights of the citizens to acceptable quality of water and air. The force behind most environmental actions in the country has been its active judiciary and vigilant public. Judiciary has applied to many environmental management principles like polluter pays principle, absolute liability principle and precautionary principle. It has been observed by Supreme court that right to clean environment is a fundamental right under Article 21 of Indian constitution
6
Environmental Norms
Fundamental norms recognized by Indian courts are listed below
Enforcement agencies are under obligation to strictly enforce environmental laws. Government agencies may not plead non availability of funds, inadequacy of manpower and other resources to justify nonperformance of their obligations under environmental laws Polluters should bear the cost of compensation to victims of pollutions as well as expenses incurred in cleanup and reversal of damages. Government authorities should anticipate, prevent, and attach causes of environmental pollution The state is trustee of all natural resources meant for public use and enjoyment.
7
CASE STUDY
KINKRI DEVI V. STATE :
A public interest litigation was filed in which it was alleged that the unscientific and uncontrolled quarrying of the limestone has caused damage to the Shivalik hills and was imposing danger to the ecology, environment and inhabitants of the area. The H.P High Court relying on previous judgement provided that if a just balance is not struck between development and environment by proper tapping of resources, there will be violation of Articles 14, 21,48A and 51 A(g) of the constitution. The court observed that natural resources have got to be tapped for the purpose of social development but the tapping has to be done with care so that ecology and environment may not be effected . The resources are permanent asset of mankind and are not intended to be exhausted in one generation. Thus the court issued a direction to the state government to set up a committee to examine the issue of proper granting of mining lease keeping in view the protection of environment.
The effluent treatment plant of the said industry was not in operation thereby causing water pollution resulting in danger of public life. The State Pollution control Board ordered the industry to close. Hereunder case was filed by Ambuga Petrochemicals as they considered the order as in-appropriate and severe. It was held by the court that the order of the board was neither dis-appropriate nor severe.
9
10
11
Indian Penal Code 1860, makes various acts affecting environment as offences. IPC can be used to prevent pollution of atmosphere. Thus no trade, business or manufacturing process can be carried out in residential area which produces noxious and offensive smell. Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public health, safety, convenience, decency and morals. Its object is to safeguard the public health, safety and convenience by causing those acts punishable which make environment polluted or threaten the life of the people. Section 268 & 290 of IPC defines public nuisance and provides for punishment of fine upto Rs. 200 for public nuisance respectively. Under these provisions any act or omissions of a person which caused injury to another by polluting the environment can be controlled. Public Nuisance: a person is guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger to the people in general who dwell or occupy the property in the vicinity or cause injury, danger , obstruction to persons who use any public right.
12
ContdSection 269 & 270 of IPC provides, whoever negligently or malignantly does any act which spreads the infection of disease dangerous to life, can be controlled by punishing the person responsible for such act with imprisonment upto six months to six years or with fine or both respectively. Section 277 provides, whoever voluntarily fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for three months or with fine of five hundred rupees or with both. Section 278 provides, whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons dwelling or carrying on business in the neighbourhood or passing along the public way, shall be punished with fine upto Rs.500.
13
ContdSection 284 provides, whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, shall be punished with imprisonment for a term of 6 months or with fine upto Rs.1000 or with both. Section 285 provides, whoever does, with the fire or any combustible matter, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both. Section 286 provides, whoever does, with any explosive substance, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both. Under sections 426,430,432 of IPC general pollution caused by mischief can be controlled and the same is punishable.
14
contd
By the mid 1970s many felt that people were on the edge of environmental catastrophe. The Back-to-the-land movement started to form and ideas of environmental ethics joined with anti-Vietnam War sentiments and other political issues. These individuals lived outside normal society and started to take on some of the more radical environmental theories such as deep ecology. Around this time more mainstream environmentalism was starting to show force with the signing of the Endangered Species Act in 1973 and the formation of CITES in 1975.
On an international level, concern for the environment was the subject of a UN conference in Stockholm in 1972, attended by 114 nations. Out of this meeting developed UNEP (United Nations Environment Programme) and the follow-up United Nations Conference on Environment and Development in 1992. Other international organizations in support of environmental policies development include the Commission for Environmental Cooperation (NAFTA), the European Environment Agency (EEA), and the Intergovernmental Panel on Climate Change (IPCC).
16
The important outcome of the meet was realization that environmental problems are essentially by-products linked to intense industrialization and the use of the technology by society and , therefore, a scientific technical approach alone would be able to solve them. Following this conference The United Nations Environment Program (UNEP) was set up 18
Agenda 21
Development of Agenda 21 It is a programme run by the United Nations (UN) related to sustainable development. It is a comprehensive blueprint of action to be taken globally, nationally and locally by organizations of the UN, governments, and major groups in every area in which humans impact on the environment. The number 21 refers to the 21st century The full text of Agenda 21 was revealed at the 1992 United Nations Conference on Environment and Development (Earth Summit), held in Rio de Janeiro on June 14th where 179 governments voted to adopt the programme. The final text was the result of drafting, consultation and negotiation, beginning in 1989 and culminating at the two-week conference
19
Contd The developmental and environmental objectives of Agenda 21 will require a substantial flow of new and additional financial resources to developing countries, in order to cover the incremental costs for the actions they have to undertake to deal with global environmental problems and to accelerate sustainable development. Financial resources are also required for strengthening the capacity of international institutions for the implementation of Agenda 21. An indicative order-ofmagnitude assessment of costs is included in each of the programme areas. This assessment will need to be examined and refined by the relevant implementing agencies and organizations.
22
Kyoto Protocol
What is Kyoto Protocol? The Kyoto Protocol is a protocol to the international Framework Convention on Climate Change with the objective of reducing Greenhouse gases that cause climate change. It was agreed on 11 December 1997 at the 3rd Conference of the Parties to the treaty when they met in Kyoto, and entered into force on 16 February 2005. It is an agreement made under the United Nations Framework Convention on Climate Change (UNFCCC). Countries that ratify this protocol commit to reduce their emissions of carbon dioxide and five other greenhouse gases, or engage in emissions trading if they maintain or increase emissions of these gases.
23
25
Moreover, the institutional machinery working under WTO for investigating the trade and environment interface, and making positive suggestions towards the objective of sustainable development, is the committee on Trade and Environment (CTE).
26
29
ContdLabeling Labeling is one of the subjects assigned to the Committee on Trade and Environment (CTE). It is part of an item on the committees work programme in which the committee is assigned to consider the relationship between the provisions of the WTOs agreements and the requirements governments make for products in order to protect the environment. The use of eco-labels( i.e. labeling products according to environmental criteria) by governments, industry and non-governmental organizations (NGOs) is increasing.
30
31
VIENNA CONVENTION (1985) : outlines states' responsibilities for protecting human health and the environment against the adverse effects of ozone depletion, established the framework under which the Montreal Protocol was negotiated. MONTREAL PROTOCOL (1987): is a landmark international agreement designed to protect the stratospheric ozone layer. The treaty was originally signed in 1987 and substantially amended in 1990 and 1992. The Montreal Protocol stipulates that the production and consumption of compounds that deplete ozone in the stratosphere--chlorofluorocarbons (CFCs),carbon tetrachloride, and methyl chloroform--are to be phased out by 2000 (2005 for methyl chloroform). BASEL CONVENTION (1989):The Basel Convention on the( Control of Transboundary Movements of Hazardous Wastes and Their Disposal) is an international treaty in which 170 parties participated, was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries .The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation.
32
RIO DECLARATION (1992):The United Nations Conference on Environment and Development, having met at Rio de Janeiro from 3 to 14June1992,reaffirming the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June1972,and seeking to build up it, with the goal of establishing a new and equitable global partnership through the creation of new levels of cooperation among States. CONVENTIONS ON CLIMATE CHANGE & ON BIOLOGICAL DIVERSITY: (1994): The world community at Rio Conference showed unanimity to prevent global climate change and eradication of biologically diverse species. This conventions were signed by more than 150 nations. The convention on climate change requires the States to take steps to reduce their emissions of gases contributing to global warming. The other convention on biodiversity requires the States to take steps for protection of the 33 worlds diverse plant and animal species.
GLOBAL ENVIRONMENT FACILITY (1992): was established as a cooperative venture of the World Bank, UNEP and UNDP,an independent financial organization, that provides grants to developing countries for projects that benefit the global environment . GEF grants support projects related to biodiversity, climate change, international waters, land degradation, the ozone layer, and persistent organic pollutants. It was set up during the 1992 Earth Summit with 27 members initially. At the Fourth GEF Assembly in 2006, an additional $3.13 billion was committed
34