29th May 2022 | Environment Vs Development: Definition of Environment, Environmentalism; Environmental Protection Policy, Environmental Policy Instruments.

Syllabus- Environment Vs Development: Definition of Environment, Environmentalism; Environmental Protection Policy, Environmental Policy Instruments.

Number of questions-

Mains: 02, Prelims – 10

Mains Questions of the day-

1. What is environmentalism? Discuss the salient features of the important environmental laws in India.

Introduction:

Define what is environmentalism.

Body:

Briefly mention the components of environmentalism.

Mention some important Environmental laws in India.

Conclusion:

The need for protection and conservation of the environment and sustainable use of natural resources is reflected in the constitutional framework of India and also in the international commitments of India.

Content:

  • Environmentalism is a movement that arose in response to global environmental crises.
  • It encompasses theories about the nature and causes of environmental problems, moral views about our relation to nature, and attempts to define and bring about an environmentally sound society.
  • Environmentalism advocates the preservation, restoration and improvement of the natural environment and critical earth system elements or processes such as the climate, and may be referred to as a movement to control pollution or protect plant and animal diversity.
  • Environmentalism seeks to preserve the air and water we all depend upon; as well as conserve and protect entire ecosystems compromising of animals, plants, and humans found in different habitats throughout our planet.

Environment Related Provisions in the Indian Constitution

Environment protection is mentioned in the Indian Constitution as part of Directive Principles of State Policy as well as Fundamental Duties.

  • Directive Principles of State Policy (Part IV) Article 48A:

Protection and improvement of 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.

  • Fundamental Duties (Part IV A) Article 51A:

To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Environmental laws in India:

  • The Wildlife (Protection) Act, 1972:
  • The Act provides for the protection of wild animals, birds, and plants.
  • It has six schedules that give varying degrees of protection:
  • Schedule I and part II of Schedule provide absolute protection, offences under these are prescribed the highest penalties.
  • Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower.
  • Animals under Schedule V, e.g. common crows, fruit bats, rats, and mice, are legally considered vermin and may be hunted freely.
  • The specified endemic plants in Schedule VI are prohibited from cultivation and planting.
  • Statutory bodies formed under this Act are:
  • National Board for Wildlife and state wildlife advisory boards
  • Central Zoo Authority
  • Wildlife Crime Control Bureau
  • National Tiger Conservation Authority
  • The Water (Prevention and Control of Pollution) Act, 1974:
  • Objective: To provide prevention and control of water pollution. Maintaining or restoring of wholesomeness and purity of water in the various sources of water.
  • Its regulatory authority in Centre Pollution Control Boards (CPCB) and State Pollution Control Board (SPCB).
  • CPCB and SPSB are statutory bodies created under the Water Act, 1974. It empowers CPCB and SPCB to establish and enforce effluent standards for factories discharging pollutants into water bodies.
  • CPCB performs these same functions for union territories along with formulating policies related to the prevention of water pollution and coordinating activities of different SPSBs.
  • SPCB controls sewage and industrial effluent discharge by approving, rejecting, and granting consent to discharge.
  • The Air (prevention and control of pollution) act, 1981:

The act targets to control and prevent air pollution in India and its main objectives are:

  • To provide for prevention, control, and abatement of air pollution.
  • To provide for the establishment of the boards at the central and state levels to implement the act.
  • CPCB and SPCB were given the responsibility.
  • It states that the sources of air pollution such as internal combustion engines, industry, vehicles, power plants, etc., are not permitted to release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds (VOCs), or other toxic substances beyond the predetermined limit.
  • It empowers the state government to designate air pollution areas.
  • The Environment (Protection) Act, 1986:
  • This act was passed under article 253 (legislation for giving effect to international agreements)
  • This was passed in the wake of the Bhopal gas tragedy in December 1984.
  • It was enacted to achieve the UN conference on the human environment, 1972- Stockholm declaration.
  • Eco-sensitive zones or ecologically fragile areas are notified such as 10 km buffer zones around protected areas.
  • Statutory bodies under the EPA, 1986:
  • Genetic Engineering Appraisal Committee
  • National Coastal Zone Management Authority (later converted to National Ganga Council under Ministry of Jal Sakthi)
  • The ozone-depleting substances (regulation and control) rules, 2000:
  • It set deadlines for phasing out of various Ozone Depleting Substances (ODSs) and regulating production, trade import, and export of the product containing ODS.
  • These rules prohibit the use of CFCs, halons, ODSs such as carbon tetrachloride and methyl chloroform, and SFC except in metered-dose inhalers and for other medical purposes.
  • Coastal Regulation zone notification 2018:
  • It was notified based on the recommendations of the Shailesh Nayak Committee.
  • To promote sustainable development while taking into account the natural hazards such as increasing sea levels due to global warming.
  • To conserve and protect biodiversity besides livelihood security to local communities including the fishermen.
  • CRZs have been classified into 4 zones for regulation:
  • CRZ I– ecologically sensitive areas such as mangroves, coral reefs, salt marshes, turtle nesting ground, and the inter-tidal zone.
  • CRZ II– areas close to the shoreline, and which have been developed.
  • CRZ III- Coastal areas that are not substantially built up, including rural coastal areas.
  • CRZ IV- water area from Low Tide Line (LTL) to the limit of territorial waters of India.

2.Mention the importance of Environment Protection Act 1986 and its salient features in India.

Introduction:

Mention the need and context of Environment Protection Act 1986

Body:

Mention salient features of Environment Protection Act 1986

Conclusion:

There exist challenges in the implementation of the Act. These challenges need to be addressed.

Content:

Environment (Protection) Act, 1986

  • This act was passed under article 253 (legislation for giving effect to international agreements)
  • This was passed in the wake of the Bhopal gas tragedy in December 1984.
  • It was enacted to achieve the UN conference on the human environment, Stockholm declaration 1972.
  • Eco-sensitive zones or ecologically fragile areas are notified under this act such as 10 km buffer zones around protected areas.
  • Statutory bodies under the EPA, 1986:
  • Genetic Engineering Appraisal Committee
  • National Coastal Zone Management Authority (later converted to National Ganga Council under Ministry of Jal Sakthi)
  • The Act was enacted in 1986 with the objective of providing the protection and improvement of the environment.
  • It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country.
  • The Act is one of the most comprehensive legislations with an intention to protection and improvement of the environment.

Salient Features of the EPA Act:

  • Powers of the Central Government: 

The Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment in coordination with the State Governments.

  • The Central government is also empowered to:
  • Plan and Execute a nation-wide programme for the prevention, control and abatement of environmental pollution.
  • Lay down standards for the quality of environment in its various aspects.
  • Lay down standards for emission or discharge of environmental pollutants from various sources.
  • The restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall/ shall not be carried out subject to certain safeguards.
  • The Central Government may appoint officers under this Act for various purposes and entrust them with the corresponding powers and functions.
  • The central government as per the Act has the power to direct:
  • The closure, prohibition or regulation of any industry, operation or process.
  • The stoppage or regulation of the supply of electricity or water or any other service.
  • Restriction on Pollutant Discharge: 

No individual or organisation shall discharge/emit or permit to discharge/emit any environmental pollutant in excess of the prescribed standards.

  • Compliance with Procedural Safeguards

No individual shall handle or shall be caused to handle any hazardous substance except in accordance with the procedure and without complying with the safeguards, as prescribed.

  • Powers of Entry and Inspection: 

Any person empowered by the Central Government shall have a right to enter (with the assistance deemed necessary) at any place:

  • For the inspection of compliance of any orders, notifications and directions given under the Act.
  • For the purpose of examining (and if required seizing) any equipment, industrial plant, record, register, document or any other material object may furnish evidence of the commission of an offence punishable under this Act.
  • Establishment of Environmental Laboratories: 

The Central Government, as per the Act, is entitled to:

  • Establish environmental laboratories.
  • Recognise any laboratory or institute as environmental laboratories to carry out the functions entrusted to such a laboratory.
  • The Central Government is also entitled to make rules specifying the functions of environmental laboratories.
  • Appointment of Government Analyst: 

A Government Analyst is appointed by the Central Government for the analysing the samples of air, water, soil or other substance sent to a recognised environmental laboratory.

  • Penalties for Offences: 
  • Non-compliance or Contravention to any of the provisions of the Act is considered as an offence.
  • Any offences under the EPA are punishable with the imprisonment of upto five years or a fine upto one lakh rupees or both.
  • Offences by Companies: 

If an offence under this Act is committed by a company, every person directly in charge of the company, at the time of the commitment of offence, is deemed to be guilty unless proven otherwise.

  • Offences by Government Departments: 
  • If an offence under this Act has been committed by any Department of Government, the Head of the Department (HoD) shall be deemed to be guilty of the offence unless proven otherwise.
  • Any officer, other than HoD, if proven guilty, shall also be liable to be proceeded against and punished accordingly.
  • Cognizance of offences: 
  • No Court shall take cognizance of any offence under this Act except on a complaint made by:
  • The Central Government or any authority on behalf of the former.
  • A person who has approached the Courts after a 60-day notice has been furnished to the Central Government or the authority on its behalf.

Way Forward-

The below challenges need to be addressed.

  • Complete Centralisation of the Act: 
  • A potential drawback of the Act could be its centralization.
  • While such wide powers are provided to the Centre and no powers to the state governments, the former is liable to its arbitrariness and misuse.
  • No Public Participation: 
  • The Act also says nothing about public participation as regards environmental protection.
  • There is a need to involve the citizens in environmental protection to check arbitrariness and raise awareness and empathy towards the environment.
  • Incomplete Coverage of Pollutants: 
  • The Act does not address modern concept of pollution such as noise, overburdened transport system and radiation waves which are also an important cause for the deteriorating environment.
  • There needs a comprehensive mechanism to address the above problem by involving different stakeholders such as people, community, civil society and Governmental institutions etc.

Prelims Questions of the day:

1.At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
(a) Ministry of Environment, Forest and Climatic change.
(b) Ministry of Panchayat Raj
(C) Ministry of Rural Development
(d) Ministry of Tribal Affairs.

Answer: D
Explanation:

At the national level, forest and livelihood objectives are being dealt by the Union Ministry of Tribal Affairs (MoTA), which is also the nodal ministry for minor forest produce and implementation of the Forest Rights Act (FRA), 2006.

2.National Green Tribunal is a?

  1. Statutory body
  2. Constitutional body
  3. Non-constitutional body
  4. None

Answer: A

Explanation:

  • National Green Tribunal is a statutory body set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
  • With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
  • NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.

3.Which of the following is the international convention related to the Ozone layer protection?

  1. Minamata convention
  2. Stockholm convention
  3. Vienna convention
  4. Basel convection

Answer: C

Explanation:

  • The Vienna Convention came into force in 1988 and was universally ratified by 2009.
  • It is called the Convention for the protection of the Ozone layer. 
  • The purpose of the Vienna Convention is to protect the ozone layer from depletion.
  • 28 countries originally signed the convention on 22nd March 1985.
  • On 16th September 2009, Vienna Convention along with Montreal Protocol was universally ratified and thus became the first treaties in the history of the United Nations to achieve universal ratification.

4.Which of the following international convention is related to the persistent organic pollutants?

  1. Montreal Protocol to the Vienna Convention 
  2. Basel Convention 
  3. Rotterdam Convention, 1998.
  4. Stockholm Convention 

Answer: D

Explanation:

Stockholm Convention on Persistent Organic Pollutants (POPs):

Persistent Organic Pollutants (POPs):

  • Persistent Organic Pollutants are carbon-based organic chemical substances that display the following properties once they are released into the environment:
  • Lifespan – They remain in the environment for long periods of time counted in years.
  • Distribution – The natural carriers like soil, water and air distribute it throughout the environment
  • Food Chain – They become a part of the food chain by getting accumulated in the fatty tissue of living organisms including humans
  • Toxicity – They are termed as toxic for both humans and wildlife.
  • Bioaccumulation – The POPs get accumulated in the fatty tissues and its concentration gets magnified. The species including at the higher level of the food chain absorb greater concentrations of POPs and carry it along.

5. Which of the following agency is responsible for deciding MSP for minor forest produce?

  1. Commission for Agricultural Costs and Prices
  2. TRIFED
  3. Farmer Producer Organisations
  4. APMC

Answer: B

Explanation:

  • The government has decided to include 14 new minor forest produce items under the mechanism for marketing of minor forest produce through a minimum support price scheme.
  • The Central government had introduced a minimum support price for a selected list of minor produce items through mechanism for marketing of Minor Forest Produce through Minimum Support price and development of Value Chain of MFP Scheme in 2011.
  • It aims to provide a social safety net to these underprivileged forest dwellers, and to aid in their empowerment.
  • The Ministry of Tribal Affairs will be the nodal Ministry for implementation and monitoring of the scheme. The Minimum Support Price would be determined by the Ministry with technical help of TRIFED.

6.Which of the following international convention is related to the Transboundary movement of Hazardous wastes?

  1. The Montreal Protocol.
  2. Basel Convention.
  3. Rotterdam Convention.
  4. Stockholm Convention.

Answer: B

Explanation:

  • Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is a comprehensive treaty that was adopted in 1989 by the Conference of Plenipotentiaries.
  • It aims to protect the human environment from the adverse effects of hazardous waste that is generated, managed and disposed of in the world community.
  • India’s Ministry of Consumer Affairs Food and Public Distribution has announced a blanket ban on all types of single-use plastic products in all its PSUs including Food Corporation in India in September 2019.
  • It is one of the important international environment conventions.

7. Which of the following biogeochemical cycles, the weathering of rocks is the main source of release of nutrients to enter the cycle?

  1. Carbon cycle
  2.  Nitrogen cycle
  3. Phosphorus cycle
  4. Sulphur cycle

Answer: C

Explanation:

  • The phosphorus cycle is the sedimentary biogeochemical cycle that describes the movement of phosphorus through the lithosphere, hydrosphere, and biosphere.
  • Phosphorus is found in large amounts as a mineral in phosphate rocks and enters the cycle from weathering and erosion

8.Which one of the following is the correct sequence of ecosystems in the order of decreasing productivity?

  1. Oceans, lakes, grasslands, mangroves
  2. Mangroves, oceans, grasslands, lakes
  3. Mangroves, grasslands, lakes, oceans
  4. Oceans, mangroves, lakes, grasslands

Answer: C

Explanation:

  • The sequence of ecosystems in the order of decreasing productivity is mangroves> grasslands>lakes>oceans.
  • Ocean or marine ecosystems usually have a large biodiversity.

9.Which of the following is related to the Ex-situ conservation?

  1. Biosphere Reserves
  2. Botanical Gardens
  3. National Parks
  4. Wildlife Sanctuaries

Answer: B

Explanation:

Ex Situ Conservation:

  • In this approach, threatened animals and plants are taken out from their natural habitat and placed in special setting where they can be protected and given special care.
  • Zoological parks, botanical gardens, wildlife safari parks and seed banks serve this purpose.
  • There are many animals that have become extinct in the wild but continue to be maintained in zoological parks.
  • Seeds of different genetic strains of commercially important plants can be kept for long periods in seed banks.
  • The national gene bank at National Bureau of Plant Genetic Resources (NBPGR), Delhi is primarily responsible for conservation of unique accessions on long-term basis, as base collections for posterity, predominantly in the form of seeds.

10. Lichens come under which of the following symbiotic association?

  1. algae and bacteria
  2. algae and fungi
  3. bacteria and fungi
  4. fungi and mosses

Answer: B

Explanation:

Lichens are commonly recognized as a symbiotic association of a fungus and a chlorophyll containing partner, either green algae or cyanobacteria, or both. The fungus provides a suitable habitat for the partner, which provides photosynthetically fixed carbon as energy source for the system.

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