Protection of the Environment Post-Independence

This article examines the initiatives taken for the protection of the environment post-Independence era by the Government of India. 'Environment' is a comprehensive term which covers a wide array of various phenomenon. It is dynamic in the sense that it is used to describe a confined area on one hand and the entire planet on the other hand.

The term 'Environment' has various definitions that have been provided by different National and International legal mechanisms, it is inclusive of the external conditions, resources, stimuli etc. within which an organism interacts.

The United Nations Declaration on Human Environment, inculcated in June 1972 in Stockholm, that-

"Man is both creature and moulder of his environment, which gives him physical substance and affords him the opportunity for intellectual, moral, social and spiritual growth".[1]

I. Introduction: Protection of the Environment Post-Independence

Environmental laws are laws which regulate and maintain human actions which are damaging or most likely to create a threat to the environment and penalizing the doers of the act, along with compensating the victims for such actions, which cannot be considered as an exception. [2]

This concept of safeguarding the environment has been imbibed within the Indian culture since time immemorial. Hence, it is extremely important to understand the past Indian traditions and practices of protecting the environment.

Post-Independent India has witnessed a modification in the policies and attitudes of the Government, with regards to the protection of the environment. The Constitution of India came into force in the year 1950 and had a few provisions regarding the management of the environment, specifically under Part IV of the Constitution of India.

The fundamental duty embedded in Article 51 A(g) of the Constitution of India, which states that it is the fundamental duty of every individual of India to safeguard and improve the natural environment including forests, lakes, rivers and wildlife, and have compassion for living beings.[3]

The other provisions with the similar intent of environment conservation are in Article 39 (b), 47, 48 and 49 where the States were granted the responsibility to own and control the resources of the community and distribute the same for the common good and a better standard of living of individuals thereby improving the public health, promoting agriculture and animal husbandry, protection of monuments and declare them to be of national importance, respectively.[4]

II. Environmental Policies: Post-Independence

The Five Year Plan Report of the Planning Commission of India, most specifically the Fourth Plan (1969- 70 to 1973-74) onwards, discloses an increase in recognition by the Government of India on matters of environment, in planning, preserving and development.

The Sixth Plan (1980-85) focused on appropriate environmental and ecological principles in the use of land, forestry, wildlife, water, air, marine environment, fisheries etc. The Seventh Plan (1985-90), definitely stressed sustainable development in conformity with the environment, accepting the environmental management, to be perceived as the major guiding factor for national development in India. [5]

Pitamber Pant Committee

Prior to 1972, the environmental concerns such as sanitation, sewage disposal and public health were handled by different ministries of the Government, and the aim to pursuing these objectives were often without the presence of any appropriate coordination between federal and intergovernmental levels.

On the 24^th UN General Assembly, it was decided to convene a conference on Human Environment in 1972, popularly known as Stockholm Conference. In this Conference, each country had to prepare a report on the state of the environment. India set up a Pitambar Pant Committee, which was to indicate the need for establishing greater coordination and integration of environmental policies and programs. [6]

Based on its recommendations, a National Committee on Environmental Planning and Coordination (NCEPC) was formulated by the Government of India within the Department of Science and Technology, in order to coordinate and plan environmental policies and programmes and consult various ministries on safeguarding the environment.

Later, this department was formed into the Ministry of Environment and Forest in the year 1985. [7]In 1956, Pitamber Pant took the position of Secretary of Chairman, (when Mr Nehru was the Prime Minister) of Planning Commission of India.

He formulated various reports relating to the Indian labour force, forecasting of manpower, utilization of professional manpower etc. He served as a member of the Fourth Five Year Plan and after his retirement, he was selected as the chairman of the National Committee on Environmental Planning and Coordination (NCEPC).

Regardless of his failing health, he brought together in a short span of time, a team of young professionals, and produced a set of background papers for India's participation for the Stockholm Conference on Human Environment in 1972.

The issues addressed were related to pollution control, improving the living environment of masses by providing them with proper sanitation, safeguarding water supply and proper housing, everything which was a fundamental part of economic development. [8]

Tiwari Committee

Until the fifth general election of 1977, non of the parties considered environmental problems as an issue to include them in their election platform/ manifestoes. However various environmental concerns and controversies rose public concern such as Silent Valley, Mathura Refinery, acid rain on Taj Mahal.

During the 1980 elections, various political parties (Congress-I, Lok Dal, Janata, and the Congress-U) included the need for safeguarding environment and the rising concern and included the same into their manifestoes. After the January 1980 general election, when Congress I came into power, it set up a committee which was chaired by N.D Tiwari who recommended legislative measures and administrative mechanisms to establish environmental protection.

The committee put forth its report in September 1980, inclusive of their recommendations.

The Committee noted that:

1. most of the law relating to the environment are outdated
2. there was a void in the statements of explicit policy objectives
3. they are jointly inconsistent
4. there is a lack of sufficient provisions in relation to the implementation machinery
5. there is no procedure for reassessing the efficiency of the laws

The significant recommendations of the committee inter alia, included:

1. broad review or improvement and advancement of Central and State Acts
2. new legislations for areas of actions which are not protected by the present law, which are those concerning toxic substances and
3. the institution of protection of the environment in the concurrent list of the seventh schedule. [9]

On the basis of these recommendations of the Tiwari Committee, a distinct Department of Environment was formulated on November 1, 1980. In addition to this, on the recommendations of the Tiwari Committee, the NCEPC was replaced by NCEP (National Committee on Environmental Planning) performing a similar function to its predecessor.

The NCEP was formulated in April 1981, and possessed the power to formulate an annual "state of the environment" report, and assimilated differed public hearings and conferences which were significant to environmental issues and create a nationwide Environmental Information and Communication System, for propagating environmental awareness, through mass media.

NCEP (National Committee on Environmental Planning)

The NCEPC was an apex advisory body in every matter relating to environment protection and amendment. Since the beginning, the Committee comprised of fourteen members who were drawn from varied disciplines concerning environmental management. Various non-official members were specialists. The Committee was to organise and coordinate, but all the responsibilities were confined with several ministries and regime agencies. [10]

In the years prior to 1972, all environmental concerns such as that of disposal of sewage, sanitation and public health was allocated to different federal ministries and each of these federal ministries worked with suitable coordination system at the federal and intergovernmental levels.

Hence, 1972 was considered to have a significant impact on the history of environmental management in India. Pitamber Pant committee was formulated in 1972 after the twenty-fourth UN General Assembly requested a report from each member nation on the environmental conditions.

By early 1972, it was established that unless a national body was constructed for a dominant coherence and coordination in policies and programmes and to merge the environmental concerns, predominant lacunae would still remain in India's orchestrating process.

Consequently, due to the major issues which were highlighted by the reports, a National Committee on Environmental Planning and Coordination (NCEPC) was established in the Department of Science and Technology. [11]Later, there was an elevation of this department in the form of an exclusive Ministry of Environment and Forest in the year 1985.

In an interview, BB Vohra mentions that the entire committee was extensively and actively working on the various environmental needs.

He stated in the interview:

"I have been heading the National Committee on Environmental Planning (NCEP) for a little over a year and half now. During this period we have tried to analyse what environmental programmes should be taken up in the country, at the very barest minimum level—the hardcore of environmental programmes, so to say. In the light of what we considered to be India's environmental needs, we have drawn up a concrete 15-point programme, which has been circulated to the State Governments, and to the various Ministries of the Government of India" [12]

The Ministry of Environment, Forest and Climate Change (MoEF&CC)

In the year 1977 (during the Emergency phase), Indira Gandhi added Article 48A into the Constitution which stated that "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country."

This Judgement changed the wildlife and forest from the State list to the Concurrent list, thereby giving the Centre power to overrule any decision taken by the State, in such matters. This gave rise to the creation of a federal Department of Environment in the year 1980, which later was known as Ministry of Environment and Forest in 1985. Later, the prime issue of climate change was acknowledged by the department and renamed as MoEF&CC (Ministry of Environment, Forest and Climate Change) in the year 2014.

The Ministry of Environment, Forest and Climate Change (MoEF&CC) is considered as a nodal agency in the Central Government for supervising the formulation of India's environment and forest policies and programmes with regards to safeguarding and conserving the natural resources of the country (inclusive of lakes and rivers, the biodiversity, forest resources and wildlife, to maintain a constant check regarding the welfare of animals and deterrence and decreasing pollution. [13]

The primary purpose of the Ministry are:

1. Protection and surveying the conditions of the flora, fauna, forests and wildlife
2. To prevent pollution and supervise such acts
3. Afforestation and rejuvenate areas which are degraded
4. Safeguarding the Environment and ensuring the safety of animals. [14]

In the year 2015, due to the underlining concern regarding climate change, the Ministry of Environment, Forest and Climate Change (MoEF&CC) put forth new standards to restrict the concentration of sulphur dioxide (SO2 ), nitrogen oxides (NOx), mercury (Hg) in stack emissions for power plant using coal-fire.

These standards, however, were amended recently in 2018, however the core structure in the amendment was not altered, and not much significant changes were seen in air pollution norms (Central Pollution Control Board, 2018).[15]

There are various legislations and regulatory measures that are focused on conservation and safeguarding the environment. Apart from these measures, National Conservation Strategy and Policy Statement on Environment and Development 1992, Policy Statement on Abatement of Pollution, 1992, National Forest Policy 1988 and National Environment Policy, 2006 act as a guide to the ministries' work. [16]

III. Constitutional mandate and Development of Principles

During the British Rule, there were various legislations which played a key role in protecting the environment and water bodies from getting polluted, such as The Shore Nuisance (Bombay and Colaba) Act, 1853, Oriental Gas Company Act, 1857, North India Canal and Drainage Act, 1873, The Indian Easements Act, 1882, the Bengal Smoke Nuisance Act, 1905, the Indian Fisheries Act, 1897 etc.[17]

The core essence of the environmental philosophy of India was stated in these two most significant provisions in the Constitution of India-

• Article 48A which stated "Protection and improvement of the environment and safeguarding of forests and wildlife. The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country." [18]
• The insertion of a significant provision in the Constitution (forty-second Amendment) Act, 1976, that is Article 48A and Part IVA (Fundamental Duties) under Article 51A(g).

IV. Important Judgements

The Supreme Court in the Taj Mahal's Case[19], issued certain guidelines regarding coal and coke based industries in the TTZ (Taj Trapezium) which degraded or altered the natural air within the surrounding of the Taj, was ordered to be relocated elsewhere outside the periphery of TTZ. The SC in addition to this provided directions to supply water to the plants around Taj and allotted this task to be taken by the Forest Department. [20]

In Subhash Kumar v. State of Bihar [21], the fundamental right under Article 21 of Right to life was emphasised. The Supreme Court laid down that the right to life was inclusive of the right to the enjoyment of pollution-free water and air. Hence anything that impairs and endangers such basic right and degrades the quality of living, the person can take the recourse provided under Article 32 of the Constitution for removal of such pollution detrimental to the quality of living.

The 'Oleum gas leakage case' [22]paved the path for the principle of absolute liability. The SC, in this case, re-interpreted the scope of power under Article 32 of the Constitution of India. This principle was applicable for inherently dangerous industries who caused heavy damage due to the rigorous use of hazardous substances. This principle was distinct from exceptions that come under the concept of Strict liability rule under the Common Law principle of England.

The Court re-examined this principle of absolute liability in the case of Indian Council for Enviro Legal Action v. Union of India[23], also popularly known as Sludge's Case. In this case, the courts for the first time applied the 'polluter pays principle'.

The Court held that industries polluting the environment are "absolutely liable to compensate for the harm caused by them to the villagers in the affected area, the soil and to the underground water and hence they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas"

V. Initiatives by the Ministry of Environment, Forest and Climate Change:

1. National Green Corps (NGC) Programme, this initiative by the MoEF&CC has been an excellent model of creating awareness among children. Awareness on solid waste management, by creating 2 bins, Cleanliness drives etc., are some of the activities which are promoted. In the present day there are around 1,50,000 Eco-clubs across the country. Financial assistance of Rs 5,000/- is granted to each school/college under this programme. Other programmes such as National Nature Camping Programme (NNCP), Capacity Building Activities (CBA), Global Learning and Observations to Benefit the Environment (GLOBE) and Green Good Deeds (GGDs) are other significant initiatives by the Ministry.
2. The Swachh Aur Swasth Bharat Cell of the Ministry are concerned in raising awareness on Swachh Bharat Abhiyan, by Information, Education and Communication (IEC) activities. For the implementation of IEC a Swachhta Action Plan (SAP) has been formulated and is being executed in the States/ UTs through State Nodal Agencies; the SAP for the year 2019-20 has been divided into time frames from April- July, August- November and December – March.
3. Climate Change– The United Nations Framework Convention on Climate Change (UNFCCC) is considered as a chief international body for various climate change negotiations. India is a party to UNFCC, Kyoto Protocol and Paris Agreement. In the year 2019-20, various significant bilateral and multilateral meetings and negotiations on climate change were held in the run-up to the 25th Conference of the Parties to UNFCCC (COP-25) organised from 2^nd to 15^th December 2019 in Madrid, Spain. [25]
4. India's post-2020 climate goals- In response to the decisions of the Conference to the Parties, India submitted its Nationally Determined Contribution for the post-2020 period to UNFCCC on 2nd October 2015, outlining the climate actions intended to be taken under the Paris Agreement. [26]
5. India's Cooling Action Plan– India is the first country to develop a Cooling Action Plan (ICAP), which looks into the cooling requisitions across various sectors which can help in reducing the cooling demand. The ICAP focuses on lessening both direct and indirect emission, which would bring about environmental as well as socio-economic benefits.[27]
6. 'India Pavilion' – The Ministry hosted an 'India Pavilion' at COP- 25 which was crucial among the visitors that included delegates of various parts of the world, UN agencies etc. The theme which revolved in the pavilion was '150 years of celebrating the Mahatma' and formed in a manner which depicted Mahatma Gandhi's life and messages around 'sustainable living.' [28]

Conclusion

The laws prevalent during the British Era were considered a significant aspect of the history of Environmental Laws in India. The concepts of traditions and practices relating to the well-being of the environment are embedded and deeply rooted within the ancient Indian literature.

In the initial years of Independence, there were not many precise and critically analysed legislation with regards to environmental laws. However, during the later years, the concern has been evolving and different attempts are still being made for formulating specific policies and statutes for safeguarding the environment.

Recently the Ministry of Environment, Forest and Climate Change (MoEFCC) has released Draft EIA Notification 2020 which was very controversial in nature. The Draft was considered to be evidently supportive towards the growth of commercial projects at the expense of the environment.

The scope of this draft limited public consultation to a great extent and great lacuna was observed with regards to transparency and efficiency of this draft.[29] The concept of Environmentalism is considered dynamic and has evolved throughout the years. However, there are still mounting concerns about the same which should be taken up seriously and analysed by our Government.

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[1] Declaration of the United Nations Conference on the Human Environment, Stockholm 16 June 1972, Available Here

[2] Vibhute, K.I. "Environment, Development and Law: Indian Perspective" Journal of the Indian Law Institute, vol. 37, no. 2, 1995, pp. 182–194. JSTOR, Accessed 11 Aug. 2020, Available Here

[3] SCC Online, Siddharth Sharma and Suhas Khosamani, An Overview of Environmental Jurisprudence in India 5.2 NLIU LR (2016) 117

[4] CPR Environment Education Centre, L Pushpa Kumar, "Environment Law in India- Part II", Available Here

[5] Vibhute, K.I. "Environment, Development and Law: Indian Perspective" Journal of the Indian Law Institute, vol. 37, no. 2, 1995, pp. 182–194. JSTOR, Accessed 11 Aug. 2020, Available Here

[6] Asian Survey, Vol. XXII, No. 9, September 1982, O.P. Dwivedi and B. Kishore, "Protecting the Environment from Pollution: A Review of India's Legal and Institutional Mechanisms."

[7] CPR Environment Education Centre, L Pushpa Kumar, "Environment Law in India- Part II", Available Here

[8] Vaidyanathan, A., et al. "Pitambar Pant: An Appreciation." Economic and Political Weekly, vol. 8, no. 17, 1973, pp. 774–777. JSTOR, Accessed 11 Aug. 2020, Available Here

[9] The Indian Law Institute, Furqan Ahmad, "Origin and Growth of Environmental Law in India" Available Here

[10] SCC Online, The Impact of Environmental Pollution in India and Role of Judiciary to Protect Environment, 24 ALJ (2016-17) at page 300

[11] Ibid

[12] Vohra, BB, and Thomas Mathew. "Environment for Survival: An Interview with Shri BB Vohra." India International Centre Quarterly, vol. 9, no. 3/4, 1982, pp. 356–370. JSTOR, Available Here

[13] Ministry of Environment of Forest and Climate Change, Annual Report of the Ministry (2018-2019), Available Here

[14] Parivesh under the Ministry of Environment of Forest and Climate Change, Available Here

[15] Garg, Vibhuti, et al. Introduction. International Institute for Sustainable Development (IISD), 2019, pp. 1–2, India's Energy Transition: The Cost of Meeting Air Pollution Standards in the Coal-Fired Electricity Sector, Accessed 8 Aug. 2020, Available Here

[16] Parivesh under the Ministry of Environment of Forest and Climate Change, Available Here

[17] The Indian Law Institute, Furqan Ahmad, "Origin and Growth of Environmental Law in India"

[18] Inserted by the Constitution (42^nd Amendment) Act, 1976

[19] M.C. Mehta v. Union of India, (1997) 2 SCC 353

[20] SCC Online, Siddharth Sharma and Suhas Khosamani, An Overview of Environmental Jurisprudence in India, 5.2 NLIU LR (2016) 117

[21] AIR 1991 SC 420

[22] AIR 1987 SC 1086

[23] (1996) 3 SCC 212.

[24] Ministry of Environment of Forest and Climate Change, Annual Report of the Ministry (2019-2020), Available Here

[25] Ibid

[26] Ibid

[27] NRDC, "India Cooling Action Plan and Implementation Strategies Highlighted at a Sideline Event at the 31st Meeting of the Parties of the Montreal Protocol" Available Here

[28] Business Standard, "India inaugurates its Gandhi-themed pavilion at COP 25", Available Here

[29] The Hindu, "What are the key changes in the Environment Impact Assessment Notification 2020?"( August 02, 2020), Available Here

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1. Environmental Laws