Environmental Policy in India

1 Environmental Policy in India Debajit Principal, SKM s College of Commerce, Goregaon (W), Mumbai, India Abstract - Since the early 1970 s, the world has become increasingly sensitised to Environmental issues which cut across many disciplines and occur at different spatial scales. The unprecedented population growth and advanced technology both have led to man s impact on environment becoming appreciable, so that, there is mounting pressure on both environment and resources. Concerns for environment have been echoed at various international conferences and also have been discussed at inter-governmental levels.

2 In India concern for environment had started in late 1970. To protect environment various constitutional amendments were made in the first place. Environmental legislations were enacted from time to time to protect the environment followed by Environmental policies. Keywords: Environment, legislations and Policy . Indian concern for the environment is as old as our origin of civilisation. Ancestors did understand the meaning of environment as "the environment is sum total of water, air and land, inter-relationships among themselves and also with the human beings, other living organisms and property." This definition appears in the Environment (Protection) Act, Arthashastra by Kautilya described Environmental Policy , written as early as between 321 and 300 BC, contained provisions meant to regulate a number of aspects related to the environment.

3 In recent years, particularly since the early 1970 s, the world has become increasingly sensitised to Environmental issues. These issues cut across many disciplines and occur at different spatial scales. The unprecedented population growth and advanced technology have led to man s impact on environment becoming appreciable, so that, there is mounting pressure on both environment and resources. Today there is considerable concern as to whether the earth s life support system itself is being jeoparadised (Sarkar, 1994). II. THE INTERNATIONAL EFFORTS The Club of Rome stressed on limits to growth and highlighted issues such as sustainability and ecological balance.

4 The worldwide concern for Environmental degradation found expression in 1972 at the on Human Environment (WCED, 1987). Osborn s Limits to Growth brought out in 1972, reported resource shortages, crowding, pollution, famines etc. In 1979, a Symposium identified unsustainable consumption patterns and lifestyles as basic issues of Environmental degradation, particularly in the richer countries. It was truly observed by our late Prime Minister Smt. Indira Gandhi at Stockholm Conference in 1972, that environment cannot be developed in the condition of poverty, the major cause and effect of global Environmental problems.

5 Hence the new development paradigm is growth with equity, stability and sustainability. However, it was the Brudtland Commission s report titled OUR COMMON FUTURE (1987) - a landmark development thinking-which brought Environmental issues to the fore. The Commission came to the conclusion that, the relationship between economic growth and Environmental conservation should be one of the complementarity and interdependence. The idea of growth at all costs was replaced by the idea of sustainable development. Sustainable Development became a key word and its importance was reemphasized at the Earth Summit held at Rio in 1992.

6 The prime concern in all countries at present is to make Environmental dimensions an integral part of their developmental plans (Kayastha, 1992). However guidelines and principles proclaimed at the Rio Conference are not legally binding but carry a strong moral force to ensure their binding (Bal,2005). III. BEGINNING OF Policy MAKING IN India One of the schools of thoughts has gained grounds which considers environment as an integral part of development and argues that economic objectives should be blended with Environmental imperatives. Hence, the major concern is with optimal resource use and efficient Environmental management which would be conducive to mitigating the costs of development (Ramana and Bhardwaj, 1980).

7 The Environmental problems that countries face vary considerably; among the factors that affecting them are the stages of development, the structure of the economies and Environmental policies (WDR, 1992). Two international conferences-one at Stockholm in 1972 and another at Rio de Janerio in 1992 on Environment and Development have influenced Environmental policies in India . Many countries have followed the polluter pays principle, the precautionary principle and the concept of intergenerational equity as guidelines for framing Environmental policies. 17 ARSS July - December 2014 Environmental Policy varies from country to country.

8 By and large policies are influenced by research, culture and tradition and political institution of the country concerned as shown in Environmental Policy IV. CONSTITUTIONAL AMENDMENTS The Constitution of India provides a number of Directive Principles of State Policy . Until 1976 environment protection did not appear anywhere in the Constitution. However, in the 42nd amendment of the Constitution in 1976, certain Environmental provisions were introduced. Article 48A was added to the Directive Principles of State Policy and stated The state shall endeavor to protect and improve the natural environment and safeguard the forests and wildlife in the country.

9 The Article 51 A (g) of Fundamental Duties states that It shall be the duty of every citizen in India to protect and improve the natural environment including forests, lakes rivers and wildlife and to have a compassion for living creatures . With this Forests and Wildlife were dropped from the State list in order to incorporate in the Concurrent (Centre) list. The National Council for Environmental Planning and Policy was set up in 1972, which was later evolved as Ministry of Environment and Forest in 1985. Indian Five year Plans have focused on rapid economic growth, employment generation, poverty alleviation and balanced regional development.

10 The importance of sustainable development is also being stressed as an objective of public Policy . Broadly Environmental policies in India fall in four periods: (A) Pre-independence period (1853 to 1947): i. Shore Nuisance (Bombay and Kolaba) Act, 1853 ii. The Elephant s Preservation Act, 1879 iii. The Fisheries Act, 1897 iv. The Factories Act, 1897 v. The Bengal Smoke Nuisance Act, 1905 vi. The Bombay Smoke Nuisance Act, 1912 vii. Wild Birds and Animals Protection Act, 1912 (B) Independence to the Stockholm Conference (1947 1972): During this period legislations were existing to control felling of trees, destruction of forests, unplanned town growth etc.