Laws
are like cobwebs, which may catch small flies, but let wasps and hornets
break through.- Jonathan Swift
4.0 Introduction Strengthening and building institutional capacity
is a critical element in the improvement of environmental management. Institution
building efforts are often preceded by policy changes reflecting society's
urge to manage its environmental resources in better ways. More than sixteen
percent of the world's population lives in India, whose surface area constitutes
only 2.4% of the world's surface area (GOI 1992a). Out of the total area of
India of about 329 million hectare, 175 million hectare of land require special
treatment to restore such land to productive and profitable use. The degradation
is caused by water and wind erosion (150 million hectare), salinity and alkalinity
(8 million hectare) and river action and other factors (17 million hectare)
(GOI 1992a). EIA has been in existence in India since 1979 when some early
efforts were made to find the possible environmental consequences of a few
proposed projects. This chapter reviews the gradual emergence of EIA as an
environmental management tool.
4.1 Constitutional Provisions and Policy Resolutions
Through the Constitution (Forty-Second Amendment) Act 1976, specific provisions
have been inserted into Indian Constitution to 'protect and improve' the environment.
One of the directive principles now requires that the State shall endeavour
'to protect and improve the environment' and 'to safeguard the forests and
wildlife of the country' (Article 48A). The forty-second amendment also adds
a new part (Part-IV) dealing with fundamental duties. It is now the duty of
every citizen of India 'to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living creatures'
(Article 51A(g)). The Indian Constitution has, thus, laid a new important
trail in the Section on Directive Principles of State Policy by assigning
the duties for the State and all citizens.
4.1.1 Policy Resolutions
Although a great majority of policy resolution adopted by the central government
affects management of the environmental resources one way or the other, major
policy resolutions having focus on environmental management include the following:
1. Indian National Forest Policy 1988.
2. National Industrial Policy 1991.
3. National Conservation Strategy and Policy Statement on Environment and
Development 1992.
4. Policy Statement for Abatement of Pollution 1992. And,
5. National Mineral Policy 1993.
In 1991, the Central Government issued a 'Statement on Industrial Policy'
which stipulated that the pursuit of the objectives of industrial policy would
be tempered by the need to preserve the environment and ensure efficient use
of available resources.
In the year 1992 two important policy resolutions 'National Conservation Strategy
and Policy Statement on Environment and Development'1992 (popularly called
the National Conservation Strategy), and 'Policy Statement for Abatement of
Pollution' were adopted by the Central Government. One of the principal objectives
stated for the National Conservation Strategy 1992 is to lay down the guidelines
to help weave environmental considerations into the fabric of development
process. According to the document environmental problems in India can be
classified into the following two broad categories: -
1. Those arising as negative effects of the very process of development.
2. Those arising from conditions of poverty and under-development.
It is admitted in the document that 'the development model followed so far
need to be reviewed'.
These policy statements put sustainable development as the cornerstone of
all policies and procedures relating to development activities in India. It
has been acknowledged that challenges can be met 'only by redirecting the
thrust' of developmental process so that the basic needs of the 'people are
fulfilled by making judicious and sustainable use of' natural resources. Furthermore
conservation has been accepted as 'the key element of the policy for sustainable
development' (GOI 1992a).
To address the agenda, the following instruments of action have been identified
(GOI 1992a):
* to carry out environmental impact assessment of all development projects
right from the planning stage and integrating it with their cost-benefit considerations;
* to ensure that all projects above a certain size and in certain ecologically
sensitive areas should require compulsory prior environmental clearance;
* to incorporate environmental safeguards and protection measures, in policies,
planning, site selection, choice of technology and implementation of development
projects like agriculture, water resource development, industry, mineral extraction
and processing, energy, forestry, transport and human settlements;
* to encourage research, development and adoption of environmentally compatible
technologies; and to promote application of the modern tools of science and
technology for conservation, bridging of large gaps in supply and demand as
well as control and monitoring of natural resource;
* to elicit and ensure participation of people in programmes for environmental
improvement and for integrating the environmental concerns in planning and
implementation of development programmes;
* to create environmental consciousness through education and mass awareness
programmes;
* to aim at moderation of process of demand unleashed by the developmental
process itself by taking measures to recycle waste materials and natural resources,
conserve energy, conserve use of natural resources in industrial products
by measures like wood substitution and generally try to reach moderation in
life styles consistent with sustainability and human dignity;
* to develop appropriate organisational structures and a pool of professional
manpower to serve as the cadre for environmental management service; and,
* to effectively implement the various environmental laws and regulations
for environmental protection through creation or strengthening of the requisite
enforcement machinery.'
The National Conservation Strategy 1992 spells out the strategies for conservation
of natural resources. Such strategies include, inter-alia, the following:
-
* Restoration and reclamation of degraded areas including weed infested areas,
mined areas, grazing lands and salt affected soils.
* Legislative measures to check over-exploitation of surface and ground water
for various uses.
The National Conservation Strategy (1992) further proposes to integrate environmental
considerations into industrial development programmes. Various action points
representing a mix of promotional and regulatory steps have been suggested.
It may be expected that some of the points, - if implemented correctly, will
increase the effectiveness of environmental management by many folds. Such
actions include:
* Introduction of 'environmental audit' and reports thereof to focus on environment
related policies, operations and activities in industrial concern with specific
reference to pollution control and waste management.
* Setting up environment calls in industries for implementing environmental
management plans and for compliance of the requisites of environmental laws;
-environmental impact assessment from the planning stage and selection of
sites for location of industries.
* Clearance by Ministry of Environment and Forests of all projects above a
certain size and in certain fragile areas.
In addition the National Conservation Strategy (1992) proposes certain specific
measures to prevent and mitigate environmental repercussions in mining and
quarrying operations. Stress is on directing actions towards the following:
* Mined area rehabilitation and implementation of the environmental management
plans concurrently with the ongoing mining operations to ensure adequate ecological
restoration of the affected areas.
* Rehabilitation of the abandoned mined areas in a phased manner so that scarce
land resources can be brought back under productive use.
* Laying down of requisite stipulations for mining leases regarding tenure,
size, shape and disposition with reference to geological boundaries and other
mining conditions to ensure systematic extraction of minerals along with environmental
conservation.
* Emphasis on production of value added finished products from mining so as
to reduce indiscriminate extraction.
* Upgradation and beneficiation of minerals at the source, to the extent possible,
in order to ensure utilisation of low-grade mineral resources and to reduce
the cost of transportation, processing and utilisation.
* Environmentally safe disposal of the by-products of mining.
* Restriction on mining and quarrying activities in sensitive areas such as
hill slopes, areas of natural springs and areas rich in biological diversity.
* Discouraging selective mining of high-grade ores and recovery of associated
lower grade ores during mining.
* Environmental impact assessment prior to selection of sites for mining and
quarrying activities.
Some of the above points have been re-emphasised in the 'Policy Statement
for Abatement of Pollution' (GOI 1992b). In this policy statement, mining
areas have been identified as critically polluted areas. This statement of
policy clearly mentions that "Mining operations will not ordinarily be taken
up in ecologically fragile areas. Every mining project shall be accompanied
by a mining plan including an environmental management plan and time bound
reclamation programme for controlling the environmental damage and for restoration
of mined areas".
The two policy resolutions on environment in 1992 were translated into an
Environment Action Programme in 1993 (GOI 1993). The Environment Action Programme
(1993) pledged to establish a comprehensive framework for environmental impact
assessment of development projects. The action programme also promised setting
up of a National Centre for Training in EIA and also a network of regional
EIA training centres.