Transcript ENVIRONMENTAL POLICY, LEGISLATION & IMPLEMENTATION

Environmental Policy,
Legislation And
Implementation
by
Mrs Almitra H Patel
Member, Supreme Court Committee
for Urban Solid Waste Management
[email protected]
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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
1927
1974
1981
1986
1991
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British take forest lands from princes
Forest Act, amended 1980
Water Act
Air Act
Environment Protection Act
Coastal Regulation Zones
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, drinkingwater 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: firecrackers only during limited hours, loudspeaker 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. Biodegradable 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
[email protected]
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