NATIONAL POLICIES OF INDIAN GOVERNMENT- PRE...

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NATIONAL POLICIES OF INDIAN GOVERNMENT-

PRE AND POST INDEPEDENCE

5.1 INTRODUCTION

Environment degradation is one of the biggest problems, the world is

facing today. The problem of environment pollution is as old as the evolution

of Homo sapiens on this planet. Man's ambition for limitless enjoyment and

comfort has led him towards the exploitation of nature's wealth so

indiscriminately and so shamelessly as to reduce nature's capacity for self-

stabilization. Man's voracious appetite for resources and his desires to conquer

nature has put him in collision course with the environment. The demand for

his explosive technological society imposes intense stress on the state of

equilibrium with the environment. The relationship between human beings and

his environment has varied from time to time. It has also been varying from

place to place at a given point of time. This statement is quite legitimate as far

as India and its environment protection policy is concerned. The Environment

protection in India started long before from the time of Ancient India. In the

early stages of human history in India, human beings considered the

environment as very dominant and that was why, they worshipped different

aspects like trees, forest, animals, mountains, rivers etc. All of these held a

special place of reverence in Hindu theology1.

1 Bharat Bhdholai, Environment Protection Laws in the British Era, Hidayatulla

National Law University, Raipur,2010.

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The Vedas, Puranas, Upanishads, and other scriptures of the Hindu

religion gave a detailed description of Trees, plants and wildlife and their

importance to the people. The Rig Veda highlighted the potentialities of nature

in controlling the climate, increasing fertility and improvement of human life

emphasizing on intimate kinship with nature. Atharva Veda considered trees

as abode of various gods and goddesses. Yajur Veda Emphasized that the

relationship with nature and the animals should not be that of dominion and

subjugation but of mutual respect and kindness. Many animals and plants were

associated with Gods and Goddesses so that they were preserved for the future

generations. As they were associated with supernatural powers, no one dared

to misuse the resources and therefore there was a check on the excess

utilization of resources. King Ashoka of the Mauryan Empire did as much as

he could to protect environment. He made several laws for the preservation of

the ecology of India. Same trend continued even at the time of medieval India

when Mughals ruled India though not at the same pace which was expected

from them. However, the strongest steps for the same came only from British.

They contributed a lot for the conservation of the ecological system of India

by enacting several laws, which really were missing in the ancient era.

Therefore this project of mine is to give you a glimpse of all the environment

protection laws, which were made by the Britishers along with the other steps

taken by them.

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5.2 ENVIRONMENT PROTECTION- POLICY DURING BRITISH

PERIOD

British arrived in India at 1600 with the mission of trading goods from

India in the form of East India Company. But, after seeing the immense

amount of natural resources and plunders of opportunity to exploit the

resources present here, they changed their game plan and started applying

coercion so as to complete their aim of exploiting natural resources in India.

At the time when British arrived in India, India was divided into several

princely states ruled by different rulers. It was quite an easy task for the British

to establish itself gradually and astutely. They very cleverly implemented the

policy of Divide and Rule in India and took benefit of the diversity as on the

basis of different rulers as well as due to multiplicity of religion in the country.

The early days of British rule in India were days of plunder of natural

resources. They started exploiting the rich resources present India by

employing the policy of imperialism. By around 1860, Britain had emerged as

the world leader in deforestation, devastation its own woods and the forests in

Ireland, South Africa and northeastern United States to draw timber for

shipbuilding, iron-smelting and farming. Upon occasion, the destruction of

forests was used by the British to symbolize political victory. Thus, the early

nineteenth century, and following its defeat of the Marathas, the East India

Company razed to the ground teak plantation in Ratnagiri nurtured and grown

by the legendary Maratha Admiral Kanhoji Angre. There was a total

indifference to the needs of the forest conservancy. They caused a fierce

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onslaught on Indian Forests. The onslaught on the forests was primarily

because of the increasing demand for military purposes, for British navy, for

local construction such as roads and railways, supply of teak and sandalwood

for export trade an extension of agriculture in order to supplement revenue.

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 a 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.

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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

revenue, forests were considered as an obstruction to agriculture and

consequently 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.

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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

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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, 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 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.”

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The second half of the 19th century marked the beginning of an

organized 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.

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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.

The British Government declared its first Forest Policy by a resolution

on the 19th October 1884. The policy statement had the following objectives:

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1. Promoting the general well being of the people in the country;

2. Preserving climatic and physical condition in the country; and

3. Fulfilling the need of the people

The policy also suggested a rough functional classification of forest into

the following four categories:

1. Forests, the preservation of which was essential for climatic and

physical grounds;

2. Forests which offered a supply a valuable timber for commercial

purposes;

3. Minor forest which produced only the inferior sort of timber; and

4. 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

time2.

2 Ibid

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ACTS FOR THE PROTECTION OF THE INDIAN ENVIRONMENT

Main Acts in the field of Environment in the British Era Acts

controlling Water Pollution.

The Shore Nuisance (Bombay and Kolaba) Act, 1853

The Orient Gas Company Act, 1857

Indian Penal Code, 1860

The Serais Act, 1867

The North India Canal and Drainage Act, 1873

The Obstruction in Fairways Act, 1881

The Indian Easement Act, 1882

The Indian Fisheries Act, 1897

The Indian Ports Act, 1908

The Indian Steam Vessels Act, 1917

The Poison Act, 1919

The Indian Forest Act, 1927

The Orient Gas Company Act, 1857


The Northern India Canal and Drainage Act, 1873

The Obstruction in Airways Act, 1881


The Indian Ports Act, 1901

The Bengal Smoke Nuisance Act, 1905

The Explosives Act, 1908

The Bombay Smoke Nuisance Act, 1912

The Inland Stream Vessel Act, 1917

The Mysore Destructive Insects & Pests Act, 1917


The Andhra Pradesh Agricultural, Pest & Diseases Act, 1919

The Indian Boilers Act, 1923

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The Workmen's Compensation Act, 1923


The Motor Vehicles Act, 1939

The Bihar Wastelands (Reclamation, Cultivation & Improvement) Act, 1946.

Air Pollution Acts


The Indian Boilers Act, 1923

Motor Vehicle Act, 1939 (Repealed by Act No.59 of 1988)


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.

Wildlife Protection Act

Forest act of Madras 1873

Elephant Preservation Act, 1879

World Birds Protection Act, 1887

World Birds and Animal Protection Act, 1912

Hailey National Park Act,1936 (Now Called Corbett National Park)

Miscellaneous

# The Indian Fisheries Act, 1897

# The Indian Forest Act, 1927

# Criminal Procedure Code, 1893

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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.

Oriental Gas Company Act, 1857

This law imposed restrictions on fouling of water by the Oriental Gas

Company. The Oriental Gas Company provided fine of Rs. 1000, for fouling

water and for the subsequent continuation of the offence, Rs. 500 per day.

Oriental Gas Company (OGC) Act was among the first act in the field of water

pollution.


As regards to water pollution, Indian Penal Code says that whoever

voluntarily corrupts or fouls the water of any public spring or reservoir, so as

to make it less fit for the purpose for which it is ordinarily used, shall be

punished with simple or rigorous imprisonment for a term exceeding to three

months or fine of five hundred rupees or both. The definition is confined to a

voluntary act and acts committed without any knowledge or accidentally

would not be covered under the present law. Moreover, it has limited operation

to the water of public spring or reservoir. Further, looking to the gravity of the

offence it attracts only minor punishment. It is surprising to know that in spite

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of the fact that this provision was incorporated to protect the public health, the

cast ridden society wanted to enforce this provision against the lower cast

person taking water from a public cistern but the Bombay High Court did not

allow the above interpretation (R V Bhagi 2 Bom LR 1078). Chapter 14th of

the Indian Penal Code (IPC) is for Public Nuisance from section 268 to 291.


The Act enjoined upon a keeper of Serai or an inn to keep a certain

quality of water fit for consumption by "persons and use of it by the animals"

to the satisfaction of the District magistrate or his nominees. Failure for

maintaining the standard entailed a liability of rupees twenty. It is to be

understood that the amount twenty rupees was a very big amount at that time

and therefore should not be compared to the value of twenty rupees prevailing

now in the country.

The North India Canal and Drainage Act, 1873

Certain offences have been listed under the Act contained in Section 70.

It was to regulate the way canals for the purpose of irrigation as well as to

discharge the effluents from various industries as well as drainage system are

to be controlled.

Obstruction in Fairways Act, 1881

Section 8 of the Act empowered the Central Government to make Rules

to regulate or prohibit the throwing of rubbish in any fairway leading to a port

causing or likely to give rise to a bank or shoal.

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Indian Easements Act, 1882

It protected riparian owners against unreasonable pollution by upstream

officer. Illustrations (f), (h) and (j) of Section 7 of the Act deal with pollution

of waters. Section 28(d) of the Easement Act, 1882 on the one hand allowed a

prescriptive right to pollute the water but it was not an absolute right. The

illustrations (f), (g), and (j) of this Section, limited this prescriptive right not to

unreasonably pollute or cause material injury to other.


The Indian Fisheries Act, 1897 contains seven sections. This act

penalized the killing of fish by poisoning water and by using explosive.

Section 5 of the Act prohibits destruction of fish by poisoning waters.

Indian Ports Act, 1908

The Indian Ports Act, 1908, has regulated water pollution caused by the

use of oil or discharging of oil in the port waters.


This act was very comprehensive and contained all the major provisions

of the earlier act and amendments made thereto including those relating to the

duty on timber. The Act of 1927 also embodied land-using policy whereby the

British could acquire all forestland, village forest and other Common Property

Resources. Section 26(i) of the Act makes it punishable if any person, who, in

contravention of the rules made by the State Government, poisons water of a

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forest area. The State Government has been empowered under Section 32(f) to

make rules relating to poisoning of water in forests. This act is still in force,

together with several amendments made by the State Governments.

5.3 ENVIRONMENT PROTECTION - POLICY STATEMENTS AFTER

INDEPENDENCE

The year 1972 is a land mark in the history of environment protection in

India. Before 1972 only the preliminary aspects like public health, sanitation,

sewage disposal were dealt by different federal ministries.

To provide report on state of environment to the U.N. General assembly

a committee on Human environment was set up. By 1971 three reports have

been prepared on environmental degradation and its control, Human settlement

and on management of Natural resources, as a result it had been realized that

there is a lacuna in planning process3. To integrate environmental concern and

to bring about co- ordination in environmental polices and programmes, a

National committee on Environmental planning and co- ordination (NCEPC)

was established in the Department of Science and Technology on April 1972.

The NCEPC committee was an apex advisory body relating to environmental

issues consisting of 14 members. The committee will plan and co-ordinate but

executed by various ministries and government agencies and assisted by

department of science and technologies and office of environmental planning

3 O.P.Dwivedi; ‘India; pollution control policy and programmes’, International

Review of Administrative sciences, vol. 43, no-2, 1977, pp-123-33.

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and co-ordination. NCEPC was successful in planning and development

processes relating to environment. In 1976 a constitutional development was

adopted. The NCEPC committee became widened and the co-operation of

other departments was decreased, political parties neglected environmental

problems. During 1977 many environmental controversies like silent valley

controversy, Matura refinery causing acid rain on the Taj Mahal. On the basis

of Tiwari Committee report in 1980 Nov the Department of Environment was

established.

This institutional developments had nationwide impact on state

governments and union territories taking centre as an example on the

Recommendations of the Tiwari committee NCEPC was replaced by National

Committee on environmental planning with similar function on April 1981

authorized to prepare a report on environmental conditions and to conduct any

conferences on environmental aspects and create environmental awareness,

with the establishment of Department of Environment there appeared a

structural changes.

The department undertaken the responsibility of promoting public

awareness and responsibility of promoting public awareness and preparing

policy guidelines, environmental planning and co-ordination both in centre

and states, promoting environmental education and research and development

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projects4. In order to work out these plans the department of environment

collected scientist‟s academicians, technical and administrative professionals

as a team and also scientific agencies such as Zoological survey of India,

Botanical survey of India, National Museum of National History were brought

under its authority. In 1985 the government created a Ministry of Environment

and Forests5,

so that various natural resources and environment concerns could

be brought under one administrative roof and is co-ordinated. The status of

department of environment was upgraded and is pressed with additional

pollution control and environmental conservation activities after passing

Environmental protection Act 1986, due to enhanced policy and institutional

base in addition to a minister of state, a senior minister with cabinet minister

cadre was appointed.

In improving the water quality in Ganga River central Ganga authority

was established. A massive pollution control programme was undertaken by

establishing a series of sewage treatment plants, by renovating sewage

pumping and treatment plants by providing waste water pumping stations; by

extending sewage treatment system in unsewered areas and constructing

electricity powered crematoriums. Many schemes were sanctioned and some

of them were completed effluent treatment plants were installed in many

Industries. The central Ganga Authority has been reconstituted as the National

River Conservation Authority in July 1995. According to the Authority about

18 major rivers were facing pollution problem as Ganga River. The plan of

action was effectuated.6

4 UN, Environmental program, program planning country Report-India, 1968,

Nairobi UN, p.2. 5

Presidential Notification, doc.no.cd-1016/80,1,Nov,1980. 6

Ministry of Environment and Forests, Annual Reports 1991-92 and 1995-96.

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The other activities undertaken by ministry is survey of natural resources,

establishment of biosphere and tiger reserves, guidelines for environmental

impact assessments of thermal and hydroelectric power projects and other

major projects that protect environment and National wasteland development

boards environmental research and educational and training programmes, co-

operations and participation in International conferences, conventions and

treaties. To achieve these activities by 1982 the size & budget of the ministry

have been enlarged. Now it has farmed into a complex organization with 28

divisions, several directorates such as National river conservation directorate

and boards like the National afforestation and eco-development board and 13

autonomous agencies, including central pollution control board in New Delhi,

wild life Institute of India, Animal Welfare Board, the centre for Ecology

Research and training, the centre for Environmental education and centre for

mining Environment. The budget for environmental concern has been

enormously increased7.The Government though its legislative instruments

enforced the pollution control mechanism for example, Air Act, water Act etc

National standards were set up for abatement of pollution enforced by central

and state pollution control boards. In part II, sec 3 of Environment (protection)

Act of 1986 laid down the standards for quality of environment and emission

standards. The regulatory mechanism includes environmental audit

programmes for various governments under takings, industries so that effluent

discharge can be measured and evaluated.

7 Department of Environment, Annual Report, 1982-83 p.75, Ministry of

Environment and forests, Annual Report 1995-96, p.138.

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The Environmental protection second amendment rules were modified

in 1992 to make a person involved in Industrial activity to submit

environmental audit report for the financial year 31 march on a form issued by

state control pollution board. This is an organizational response to the

environment. Environmental auditing is a way of checking whether a company

is complying with a multitude of new environmental laws and regulations.

The objective of environmental auditing is in compliance with regulatory

codes, assistance in acquisition and disposal valuations and corporate

development towards of green missions8. Environmental assessment and

appraisal is one of the important responsibility of the department of

environment.

Environmental appraisal involves evaluation of environmental quality

and incorporation of necessary safeguards. There is still no legal requirement

for environmental impact assessments, but to conduct developmental projects

in selected sectors such as industry, multi purpose river valley schemes,

thermal power generation, shipping and harbours and mining require the

planning commission‟s approval and a review report by the department of

environment. Industrial projects in private sector requires a license, that

ensure provisions to prevent environment degradation guide lines and check

lists for use in environmental impact assessments are made for hydro electric

and irrigation projects, thermal projects, Industry harbour, mining and rail and

8 Thirumoorthy paramasivam, “Taking professional care of the nature”. The

Environmental audit, The changed accountant, August 2002,pp. 148-155

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road construction projects. Environmental appraisal committees have been

setup to assess these projects, monitoring committees are established as and

when necessary. If committee requires work groups or expert committees are

appointed. The Department of Environment examines the recommendations of

appraisal committees and forwards them to the planning commissions

although they are tend to be corrupted.

Industrial Policy statement para 30 of July 1980 was adopted by

Government for the preservation of environment. Certain guide lines have

been issued in setting up of industries. National Environmental Policy

statement was framed in 1976 which reflected in the amendment made in the

constitution. Its main objectives are to protect and improve the quality of

environment, to carry out development programmes in accordance with

environmentally sound principles, to ensure the conservation and sustainable

use of natural resources. Apart from this priority is given to environmental

research, environmental education for creating environmental awareness. An

International Conference was held in New Delhi in 1982 December for the

time and a national conference for legislators on environment on April 1982

and May 1982. This conference passed a resolution and a declaration9. It

resolved expansively on environmental issues. Now it is relevant to discuss the

five year plans related to environment.

9 Suresh Jain and Vimal Jain, „Environmental Laws in India’, pp 608-10.

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A National Environment Policy (NEP) was pronounced in 2006,

providing justification for putting economic considerations above

environmental ones, despite two years of strenuous opposition by civil society.

A Biological Diversity Act (BDA) promulgated in 2003 has remained

toothless on matters of conservation and people‟s livelihoods. The policy on

special economic zones (SEZs) has sidelined the environment. The MoEF

itself has been marginalised by a government intent on catching up with a

double-digit growth rate at any cost. The overall result of this process is a

marked move towards unsustainability.

According to the Global Footprint Network and the Confederation of

Indian Industry (CII), India now has the world‟s third largest ecological

footprint (after the United States and China), and its citizens are using almost

twice what the natural resources within the country can sustain. The capacity

of nature to sustain Indians has declined sharply by almost half in the past four

decades or so. This, despite an explicit commitment made in India‟s 1992

National Conservation Strategy and the Policy Statement on Environment and

Development, to “ensure sustainable and equitable use of resources for

meeting the basic needs of the present and future generations without causing

damage to the environment.

Six decades after Independence, we do not have a national land-use

plan that could safeguard areas crucial for ecological, livelihood and water

security. Two decades after professing commitment to sustainable

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development, we do not have targets and indicators on this in our Five-Year

plans. The above-mentioned policy on environment and development

committed the government to an annual natural resources budget that would

ensure sustainability in planning; no such budgets are available, even 17 years

later. Meanwhile, globalisation has only increased the disparities between the

rich and the poor, caused declines or stagnation in the real wages of a huge

section of the population and created conditions for mass unrest and conflict.

The year 2009 has seen some welcome steps by a new Environment Minister

seeking to make a difference. But there is hardly any sign of fundamental

changes in environment and development governance. The proposed National

Environment Protection Authority, for instance, remains very much embedded

within the regulatory framework that has so far failed India‟s environment and

citizens10

.

ENVIRONMENTAL PROTECTION - THE FIVE YEAR PLANS

The first five year plan promoted protection and improvement of

ecological and environmental assets as a necessary short and long term

developmental goals. Administrative mechanisms were altered to ensure

integrity, efficiency and economy as laid down in prevention of corruption Act

(1947). Changes were made in economics and industrial management in order

to secure plans aims. But until fifth plan it was not admitted the importance of

environment protection.

10 Ashish Kothari, Sustainable Future, Frontline, Vol. 27, Issue, 1 Jan, 2-12, 2010.

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In the fourth five year plan i.e. 1969-70 to 1973-74 in the process of

economic development environmental issues were considered explicitly for the

first time11

.

It was observed that “the physical environment is a dynamic, complex

and inter-connected system in which any action in one part affects others.

There is also inter dependence of living things and their relation ships with

land, air and water. Planning for harmonious development recognizes the unity

of nature and man. Such planning is possible only on the basis of a

comprehensive appraisal of environmental issues, particularly economic and

ecological. Therefore, introduced the environmental aspect into the planning

and development.

The planning commission also pointed out that it is the obligation of

each generation to maintain the productive capacity of the environment which

leaves some healthy environment to its successors. There it is necessary to

introduce environmental issues which are vital for national well being in the

fifth five year plan (1974-79) the importance of involvement of National

Committee on environmental planning and co-ordination in major industrial

decisions is stressed12

. The plan also stressed, if balance is maintained between

development planning and environmental management then pursuit of

development goals would not reduce the quality of life, In this context the

minimum needs programmme received fairly high priority which was

expected to minimize environmental degradation in rural areas and reduce

poverty levels.

11 Planning Commission, 4

th five year plan 1974-79;ch.2, New Delhi 1969.


th five year plan ,1974-79, part II New Delhi ,1974, p.138

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In sixth five year plan (1980-85)13

, a chapter on „Environment and

Developmental and ecological principles in land use agriculture, forestry,

marine exploitation, mineral extraction, fisheries, energy production and

human settlements, it lays down an institutional structure for environmental

management in the central and state government. It forms a guideline to

administrators and resource managers in formulating and implementing

programmes and projects. In the section on „Ecology and Environment the

causes for environmental degradation is mentioned as there is no consideration

of the costs of environmental degradation at the policy making level, there is

lack of long-term perspective in development planning, all agencies tend to

maximize their own profits and ignore the costs, they were imposing on

society at large, while a community pending on a resource for its subsistence

both then and in the future thus has a stake in its conservation, an

entrepreneurs were only interested in quick profits, even when this led to the

destruction of the resource base, the need to takeout a subsistence living had

led to the cultivation of marginal land, the overgrazing of depleted pastures,

the over felling of forests, and the destruction of the national resource base,

damage to productivity and scenic beauty due to mining, brick making and

other similar activities protection of ecological assets is one of the goals of the

sixth five year plan”.


th five year plan, 1980-85, New Delhi 1980.

152

The seventh five year plan (1985-90)14

emphasized on Sustainable

development. Due to the pressure on the project planners and managers to

pursue single handedly developmental activities loosed the sight of

environmental aspects and for its realization it took about a decade and urgent

remedial measures were needed. In the words of the plan environmental

pollution is a serious hazard in India. It has both direct and indirect effects on

health. Air and water pollution from industrial and community sources is the

most important health hazard in India resulting also in destruction of natural

and marine resources and also spoiling the scenic beauty of the attractive

places like beaches.

To improve the quality of environment and to create environmental

awareness the plan called for government and voluntary agencies and also

involvement of the public. Poverty and underdevelopment as opposed to

development activities had led to many environmental problems. Thus the

seventh plan recognized that the nation‟s planning for economic growth and

social well-being in each sector must always take note of the need to protect

environmental resources, and must work to secure improvement in

environmental quality. Thus plan emphasized in prevention of air and water

pollution and waste management15

.

14 Planning commission, 7

th five year plan; 1985-90, New Delhi, Chapter 18.

15 Planning commission, 7

th five year plan; 1985-90, New Delhi, Chapter 18 seventh

five year plan 1985-90, Vol.II ,New Delhi 1985,. P. 387.

153

The Eighth five year plan (1992-97) due to uncertain political condition

in India came out in1992 rather than 1990. The plan has given more

importance to environment by moving the subject of environment to the fourth

category of subjects. Since Sixth plan period efforts were made to integrate

environment issues in the planning process in all the key socio – economic

sectors resulted in sustained planning in all major sectors like industry,

science and technology, agriculture, energy and education includes

environmental consideration.

The planning commission set up an expert committee to formulate long –

term sectoral policies. The committee also noted that the environmental

problems were continuing to cause serious concern. The environmental

degradation was seriously threatening the socio–economic progress and the

life support system are being damaged beyond repair. The plan suggested eight

major tasks i.e. to protect restore and regenerate degraded environment and

increase the productivity and to generate employment through these activities,

to decentralise control over nature and natural resources, to develop and

disseminate an understanding of nature, to formulate a national policy for the

environment and design an appropriate institutional and legal frame work in

support of the policy, to ensure co-ordinated and integrated government action

aimed at conserving nature and making sustainable use of natural resources, to

154

make individuals and institutions more accountable for any actions impinging

on the environment and to monitor the state of the environment16

. However it

failed to out line explicit means of integrating environmental considerations,

with in sectoral programmes and projects. The main objectives of eighth plan

are reliance on domestic resources for financing investment, increasing

technical capabilities for development of science and technology,

modernization and competitive efficiency, so that India economy can keep in

pace with and take advantage of global development17

. The eight plan renewal

emphasis on economic sphere through elimination of licensing reduce the

capital costs for development of environment friendly technologies18

.

The inadequacy of environment planning led to prohibitive licensing

and discouraged industrial concerns. Means for ecological sustainability are

recognized in eight plan as not independent of traditional development

objectives. And are thus subject to trade offs. The ecological sustainability will

depends on adequate environmental safeguards and standards in the form of

legislation, environment impact assessments, economic and regulatory

instruments and skilled management to safeguard the environment from

16

Planning commission, 8th

five year plan (1992-97) vol. II, New Delhi 1992,

p.100, 15. S. 17

S.Singh, „planning for environmental sustainability‟, the India journal of public

Administration; vol – 39, No.3, July – Sep 1993, p.357. 18

Manmohan Singh (Minister of Finance, Government of Inida), Environment and

the New economic policies.

155

potential industrial abuse. The plan emphasizes human development as the

core of India‟s development effort. A decentralized approach to environment

and sustainable development is proposed, such an approach will diminish the

efforts made. This section on environment is shorter than the previous plans.

It is not made clear how industrial and environmental concerns to be integrated

into over all planning, inspite of policy protection measures.

The generation of polluting substances is increasing and causing

damage to environment19

. The major highlights of the achievements in the

environment sector during 8th

plan are for abatement of pollution activity of

central pollution control board has been improved to survey pollution for

prevention and control of pollution, submission of an environmental statement

by the polluting units, adoption of clean technologies in small scale industries,

mapping and analysis of environmental data, development of standards of

industries, pollution control and monitoring, economic instruments like

enhancement of cess rates on water consumption, pollution control

equipments, pollution abatement equipment, biodiversity conservation. Plan

also ensured public participation, launching a new scheme as „Paryavaram

Vahini‟, Environmental education, training and information. Government has

enunciated policy statements on abatement of pollution and on conservation,

attention was given to make pollution control laws during eighth plan

period on implementing India‟s international obligations like Rio-agreements,

19

Ministry of Environment and Forests, Policy statement far abatement of pollution,

New Delhi, 1993, p.1

156

Agenda`21, Montreal protocol, commission on sustainable development on

global environment policy. India became a party to the UN convention on

climate change, Bio diversity convention, Basel convention and Montreal

protocol, National river conservation programmes are sponsored.

The ninth five year plan20

strengthened the central pollution control

board. The proposed activities are bio-monitoring for assessment of pollution

and health of aquatic system, water quality monitoring, soil pollution

monitoring, epidemiological studies for formulation of standards based on

health considerations, environmental audit promotion of infrastructure and

capacity upgradation programme industrial pollution control and prevention

projects, the common effluent treatment plants (CEJP), adoption of clean

technologies in small scale industries including waste water re-use and re-

cycling.

Ninth plan proposes the preparation of statistical data and reports on

status and trends in environmental quality. Environmental impact assessment

and development and promotion of clean technologies are proposed where

various studies on “the carrying capacity status for Doon valley, National

capital territory, Damodar River basin and Tapti River systems, assessment

study of industries was undertaken under this 9th

Plan.

20

Planning Commission, 9th

five year plan (1998-2002) Vol. II. New Delhi 1998,

Chapter 8.

157

India being mega bio-diversity country, with the signing of the

convention on biological diversity, it was proposed to formulate strategies like

Taxonomic surveys, creation of national data-base, strengthening of

administrative infrastructure of India. India being signatory to the UN

convention to combat desertification the convention is likely to enter its

implementation phase during ninth plan. A scheme was provided for

promoting environmental awareness. It is aimed at providing conservation of

biosphere reserves, mangroves and wet lands. The need for comprehensive

bio- diversity legislation has been recognized and process of drafting is

commented during 9th

plan period. A separate bio- diversity cell is proposed; a

legislation finalized relating to protection of plant varieties. The ninth plan

also envisages the strengthening of the ENVIS centers, strengthened the state

pollution control boards by increasing their responsibilities. A comprehensive

legislation is proposed during ninth plan. The labeling of environmental

friendly products by granting ECOMARK helps in pollution abatement. The

supporting infra structure for the National Environmental Tribunal was

provided during the Ninth plan.

The Tenth five year plan21

emphasizes on completing the schemes

planned in 9th

plan and introduction of a few new schemes. The scope of

common effluent treatment plants scheme will be enhanced schemes

with International co-operation under eco-restoration, water shed management,


th five year plan (2002-07) vol II. New Delhi 2002,

Chapter 9.

158

water and energy sectors, bio-diversity, climate- change, ozone layer

protection, land degradation etc with the help of India Canada Environmental

facility, Global environmental facility, schemes under the clean development.

Mechanism, the developed countries having commitment of green house gases

reduction can get credit by investing in developing countries in schemes.

They would reduce GHG‟s emission like renewable energy sources, efficient

conversion and utilization of energy sources etc. An International quality

botanical garden is to be established in NOIDA, near Delhi, to conserve the

endangered/threatened plants of the country. Zoological survey of India during

Tenth plan includes conservation of endangered species. Conservation of

Mangroves and wet lands shall be strengthened in tenth plan.

Coimbatore Charter on Environment and Forest was adopted in 2001

and resolutions adopted by the National River Conservation Authority to

improve the sustainability of River and lake cleaning programmes. All major

polluted rivers are targeted to be cleaned by 2007, A decentralized approach to

sewage interception, diversion and treatment will be adopted also in small

colonies or housing societies. Root zone treatment/constructing wet land

technologies are cost effective, low cost and are resource generating. This

would also help in improving flows in rivers during dry seasons. The sources

of pollution would be addressed more aggressively through the local municipal

bodies. Institutional arrangements at the state level would be strengthened for

effective and timely implementation of the programme various initiatives are

taken to tackle the solid waste management not only in 10th

plan but also in

previous plans also by issuing various rules and constituting councils.

159

India though made many efforts through various five year plans; by

adopting almost all Acts and rules enforced in developed countries still there

path ahead in protecting environment from degradation. There is a need for

reducing gap between principle and practice there is a need for standardization

of procedure and setting of time, an economic instruction and also to force the

industry to control effluent discharges which contain higher levels of

pollutants. The monitoring net work is needed to control air pollution due to

vehicles, due to burning of biomass, garbage etc.

A proper legal framework for regulating water pollution by checking

over exploitation of ground water, sewage treatment plants need to set up. In

the event, municipalities have to bear a part of cost, there is also need to stress

the segregation of garbage into non–biodegradable and bio-degradable etc.

segregation is the major steps for viable utilization. Of waste energy and

recovery of recyclable material, need to use proper technology. In case of the

problem of climate change there is need to take definite commitment for

regulating emission of & GHG‟s by making mitigation efforts like improving

efficiency of energy conversion and utilization, afforestation, stabilizing

population growth, limiting methane emission through proper waste

management and phasing out subsidies on power utilization.

The National Development Council, the country‟s highest policy

making body on 19 December 2007 endorsed the11th

plan document. The plan

has specific national and state level targets to help in monitoring the progress

160

of the various social sector programmes. In all, 27 targets have been proposed

at national level and 13 at the state level with regard to poverty eradication,

education, health status of women and children, infrastructure and

environment. The goal of the plan is to invest in our people to enable them to

become active participants in economic growth process. Eleventh five year

plan22

provides opportunity to restructure policies to achieve a new vision

based inclusive growth. Dr. Singh said the plan is designed to reduce poverty

and focus on bridging the various divides that continue to fragment our

society.

The 11th

plan is aimed at putting the economy on a sustainable growth

(with a growth rate of approximately 10% by the end of plan period). Too

many people still lack access to basic services such as health, clean drinking

water, sanitation and education facilities without which they cannot claim

their share in the benefits of growth which reflects the strength of our

economy and environment. India‟s concern for environmental issues is

growing along the lines of global concern. While in a short run there may

seem to be a trade-off between environmental sustainability and economic

growth, in longer run, recourse is taken to the complementarities between

environmental sustainability and human wellbeing. The development strategy

in 11th plan is sensitive to devastating effects of water pollution and

deforestation, threats of climate changes and should ensure that threats and

trade-offs are appropriately evaluated.

161

The main elements of the programme are provision for basic services

like water supply and sanitation, enactment of public disclosure law and

community participation law in institutionalize citizen‟s participation. The

area‟s like health, water management, drinking water, urban infrastructure and

agriculture are responsibility of states and the states will have substantial

assistance from the centre. The 11th

plan aimed at significant improvement in

the area of environmental protection. The socio-economic targets of 11th

plan

are increasing forest and tree cover by 5 percentage points, attaining WHO

standards of air quality in all major cities by 2011-12, treating all urban waste

water by 2011-12 to clean river waters and increasing energy efficiency by

20% points by 2016-17.

State governments should take determined steps to improve air quality

in all major cities. As our rivers and water bodies are seriously threatened by

unrestricted discharge of effluents, water must be fully treated. This should

receive priority attention from state government in areas of large urban and

industrial concentration. Appropriate policies are aimed to be designed and

implemented to increase energy efficiency and thus limit the harmful effect of

carbon combustion on the environment. Despite of many problems several

environmental policies, institutions and laws were enacted as a result of five

year plans. Eighth plan, though importance was given to environment overall

developmental activities are much focused. Especially 9, 10 and11th plans

covered major environmental protection activities. Thus India has made

sincere efforts in protection and improvement of environment22

.


th five year plan (2007-12) Vol I. New Delhi 2006,

Chapter 3.

162

ENVIRONMENTAL PROTECTION- IMPEDIMENTS

India to protect environment many legislative measures and policy

instruments are undertaken. But administration and implementation is the main

problem faced in India. Though poverty and underdevelopment are main

impediments to environment protection measures in India, the rigidity in

existing structures is another impediment. The gaps in policy implementation

indicate the weak-ness in enforcement of policies. Ministry of environment

and forest (MoEF) is still perceived as a new comer with in the government

administration. Despite of MoEFs claims that India has introduced plethora of

environmental laws and mechanism, but they were noticed working

unsatisfactorily. J.B.D Souza, a former municipal commissioner of Bombay

remarked that there are a profusion of laws that do not serve their purpose and

eventually create new problems. In India problems are found for every

solution23

.

To control pollution it requires substantial expenditure to adopt

appropriate technology, due to lack of technical and administrative and

sufficient economic resources resulting in inadequate enforcement. The

absence of the public participation is a great impediment. Environment impact

assessments are not fully equipped in the hands of MoEF. Effluent control

systems are not sufficient. The infrastructural institutional capacity is highly

163

inadequate. Cost of compliance is greater than cost of defiance i.e. there is lack

of administrative rationality. Corruption is the most important hurdle in every

sphere of India. The lengthy legal process and intense backlog of cases is

another impediment.

Though there are many impediments still India striving

to be successful in protecting environment.

The early Environment related Acts enacted by parliament and state

legislatures after Independence mentioned as below in a tabular form.23.

23 Indira priyadarshini, G. Dr. & Prof. K. Uma Devi Environmental law &

sustainable development, 2010, pp. 180-181.

166

5.4 CONCLUSION

The above analysis of various conventions makes it clear that it can be

held hereby that some of the very strong steps taken earlier by the British in

order to protect environment from degrading and to preserve it for the future

generations of mankind. But, some of these laws enacted by the Britisher mere

paper tigers showed their capability on paper and not on the practical grounds.

Many laws and acts enacted by the British in our country proved out to be

more useful for them (British) when compared to us. They made several laws

so as to make their task easy as by that they were able to make use of the

resources and degrade environment comfortably and lawfully. Some of the

laws were so as to protect the resources from the natives itself, so that the

British can utilize them for their own needs which were to gain as much

capital from India as possible.

Introduction of Railways in India is thought to be major reward for the

Indians by the British and there is no doubt that it is one of the very valuable

gifts of the British for India. But, the British never brought rail to India with

the thought of benefiting us but for their own benefit. They introduced rail in

India so that the resources present in India, especially environmental resources

that they were harnessing, can reach easily and quickly to their destination.

They made laws for conserving the forest and in the process marked much of

the area as the property of the government so that no one could object as to he

use of these forest by the British. Even if some laws were present which were

beneficial for the environment conservation, then they were not implemented

properly for them.

167

The punishments prescribed under the laws were not very severe and

strict and so the offender was very easily allowed to escape. Moreover, most

of the time, the British themselves depleted the resources. The theories like

Sovereign Immunity always saved the government from being sued under

public offence. The maxims like? King can do no wrong were applied to its

full extent. But still to say that the British always thought of their own benefit

would be a wrong statement. The laws like Indian Penal Code 1860, and

Criminal Procedure Code 1893, were very effective. Moreover, the laws made

by the British paved a way for Indians to think and implement new laws in this

field itself. These laws were one of the first lessons for the Indians to

formulate new laws for the protection of the environment in a modified form

to save future generations of mankind from the scourge pollution and

environmental degradation “Nature is beautiful save the nature but don‟t

destroy it.” So said Mahatma Gandhi.

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