Unit 5

Environmental Laws and Policies

Dr. Dipakshi Sharma

 Greenhouse Effect and Global Warming

The term greenhouse effect is used to indicate a heat-trapping process

caused by gases such as carbon dioxide, and water vapour which are
transparent to incoming solar radiations but re-emit the infrared
radiations from Earth's surface.

Global warming is a long-term rise in the average temperature of

Earth as a whole as a result of greenhouse effect.
1. Shorter, high
Energy wavelengths
Hit the earths
Surface

2. Incoming energy
Is converted to heat
3. Longer, infrared
Wavelengths hit
Greenhouse gas
Molecules in the
atmosphere

4. Greenhouse gas
Molecules in the
Atmosphere emit
Infrared radiation
Back towards earth
 Greenhouses Gases
Major Greenhouse Gases Sources of Greenhouse Gases
•Carbon dioxide •Fossil-fuel burning
•Methane •Industrial processes
•Nitrous oxide
•Chlorofluoro carbons •Deforestation
•Livestock
•Biomass burning
•Coal mining
 Global Warming Potential
It is a measure of how much energy the emissions of 1 ton
of a gas will absorb over a given period of time, relative to
the emissions of 1 ton of carbon dioxide (CO2)
• The time period usually used for GWPs is 100 years
• The 20-year GWP is sometimes used as an alternative to the
100-year GWP. This 20-year GWP prioritizes gases with
shorter lifetimes
 Effects of CO2
• Air and the Earth’s surface may grow warmer.

• The stratosphere may become cooler.

• Temperate and polar regions may become warmer leading to the

reduction in the ice cover of the earth.

• Rainfall may be higher than what it is present in the temperate

regions.

• The greater amount of evaporation due to excess warmth .

 Environmental Effects of Global warming
• Climate change

• Rise in sea level

• Reduced agricultural production

• Storms

• Adverse effects on human health

• Loss of ecosystems and biodiversity

Control measures
• Reduction in the use of fossil fuels

• Shifting to the renewable energy sources that do not

emit greenhouse gases

• Increasing the use of energy efficient and cleaner

production technologies and practices

• Reducing deforestation, adopting better forest

management practices, and undertaking
aforestation to sequester carbon
 Acid Rain
Acid rain refers to a condition in which natural
precipitation becomes acidic after reacting
chemically with pollutants in the air.

Causes of Acid Rain

Burning of the fuel as well as the use of nuclear
weapons leading to the evolution of large amounts
of sulphur dioxide (SO2) and nitrogen dioxide
(NO2), which get converted to sulphurous acid and
nitric acid, respectively.
Effects of Acid Rain
• Reduction in population of
aquatic biota

• Damage to terrestrial
ecosystems

• Corrosion of buildings

• Effect on human beings

 Ozone Layer and Its Depletion
• The decrease in the concentration of ozone (O3) in
stratosphere is known as ozone layer depletion.
• It is first observed in Antarctic continent and known
as ozone hole spreading over approximately seven
million square kilometer.
• It is measured in Dobson Units (DU)
• It is 3 mm in thickness or about 300 Dobson Units.
• 16th of September is observed as the World Ozone
Day
• Chlorofluorocarbons (CFCs) as aerosol propellants,
refrigeration, fire suppression and foam insulation
etc.
Mechanism of Ozone Layer Depletion

a) CFC 
UV
Cl 

b)
O2 UV
 C
 O  O

O2  O 
 O3

O3 UV
 B
 O2  O

Cl   O 
 ClO

c) ClO  ClO 

 ClOOCl (dim er)

d) ClOOCl 
 Cl 2  O 2
e) Cl 2  Cl   a
Environmental Effects of O3 Layer Depletion
• Damage to land plants
• Decrease in population of aquatic community
• Increase in the rate of skin diseases and cancers in human
beings
• Disturbance in climate patterns
• Corrosion of materials

Control Measures
• Evolving substitutes for CFCs
• Development of hydrochloroflourocarbons and
hydrofluorocarbons
 Montreal Protocol- Ozone layer
To phase down the consumption and production of the
different Ozone depleting Substances (ODS) in a step-wise
manner, with different timetables for developed and
developing countries
• Adopted on 16 September 1987
• The Parties to the Protocol have phased out 98% of ODS
globally compared to 1990 levels
• From 1990 to 2010, the treaty’s control measures are
estimated to have reduced greenhouse gas emissions by
the equivalent of 135 gigatons of CO2, the equivalent of
11 gigatons a year.
• Overall HFC emissions are growing at a rate of 8%
per year and annual emissions are projected to rise to
7-19% of global CO2 emissions by 2050.
• HFC emissions, therefore, challenges efforts to keep
global temperature rise at or below 2°C this century a
target agreed at the Paris climate conference.
• Hydrochlorofluorocarbons (HCFCs) are gases used
worldwide in refrigeration, air-conditioning and foam
applications etc.
Kyoto Protocol-Global Warming and Climate Change
• The Kyoto Protocol to the United Nations Framework Convention on
climate change is an amendment to the international treaty on climate
change
• Objective: “Stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic
interference with the climatic system”
• The Kyoto Protocol was adopted on 11 December 1997
• It entered into force on 16 February 2005 and Currently, there are 192
Parties to the Kyoto Protocol.
• It promoted the establishment of flexible market mechanisms, which
are based on the trade of emissions permits
1. International Emissions Trading
2. Clean Development Mechanism (CDM): Trading of Carbon i.e.
Carbon credit/Carbon point
1 Carbon Credit = 1 ton of CO2 gas emitted
Convention on Biological Diversity(CBD)
Goals of the Convention:
1. Conservation of Biological Diversity
2. Sustainable use of the components of the Biodiversity
3. Fair and equitable sharing of benefits arising from the
genetic resources
• The Secretariat of the Convention on Biological Diversity
(SCBD) is based in Montreal, Canada.
• It is ratified by 196 nations.
• It covers biodiversity at all levels: Ecosystems, Species and
Genetic resources
• The treaty meets every two years to review progress, set
priorities and commit to work plans.
 Convention on Biological
Diversity(CBD)
• The Conference of Parties (COP) is the governing body
of the convention. It consists of the governments that
have ratified the treaty.
• The Convention was opened for signature on 5 June 1992
at the United Nations Conference on Environment and
Development (the Rio "Earth Summit")
• The Convention entered into force on 29 December 1993,
• 196 countries are a party to the CBD
• India is also a party to the Convention. India ratified it in
1994.
The Cartagena Protocol on Biosafety
The safe handling, transport and use of living modified
organisms (LMOs) resulting from modern biotechnology that
may have adverse effects on biological diversity, taking also into
account risks to human health. It was adopted on 29 January 2000
and entered into force on 11 September 2003.

The Nagoya – Kuala Lumpur Supplementary Protocol

on Liability and Redress to the Cartagena Protocol on
Biosafety
 The conservation and sustainable use of biodiversity by
providing international rules and procedures in the field of
liability and redress relating to living modified organisms.
 Adopted on 15 October 2010 at the fifth meeting of the
Conference of the Parties serving as the meeting of the Cartagena
Protocol on Biosafety, held in Nagoya, Japan, and entered into
force on 5 March 2018.
Environmental Acts

Dr. Dipakshi Sharma

 History of Environmental Laws
India’s original Constitution did not contain any provision for the
protection of the natural environment. However, the
Fundamental Duties, which were added by the 42nd
Amendment to the Constitution, prescribed the protection of
the environment including forests, lakes, rivers and wildlife as
a duty of the citizens of the country
• These developments were a result of the United Nations
Conference on Human Environment, held in Stockholm in
1972.
• The Wildlife Protection Act, 1972.
• The Water (Prevention and Control of Pollution) Act, 1974
• The Air (Prevention and Control of Pollution) Act 1981.
• In 1986, the EPA was passed by the Parliament, in the wake
of the Bhopal Gas Tragedy, which occurred on Dec 2, 1984
 The Environment Protection Act (1986)
To protect and improve the environment and environmental
conditions.

Provisions of Environment Protection Act

• It can coordinate and execute nationwide programmes and

plans to further environmental protection.
• It can mandate environmental quality standards,
particularly those concerning the emission or discharge of
environmental pollutants.
• This law can impose restrictions on the location of
industries.
 The Environment Protection Act (1986)
• The law gives the government the power of entry for
examination, testing of equipment and other purposes
and power to analyse the sample of air, water, soil or
any other substance from any place.
• The EPA explicitly bars the discharge of environmental
pollutants in excess of prescribed regulatory standards.
• There is also in place a specific provision for handling
hazardous substances, which is prohibited unless in
compliance with regulatory requirements.
• The Act empowers any person, apart from authorised
government officers, to file a complaint in a court regarding
any contravention of the provisions of the Act.
Aims/Objectives of the Environment Protection Act
• Implementing the decisions made at the United Nations Conference on
Human Environment held in Stockholm.
• Creation of a government authority to regulate industry that can
issue direct orders including closure orders.
• Coordinating activities of different agencies that are operating under the
existing laws.
• Enacting regular laws for the protection of the environment.
• Imposing punishments and penalties on those who endanger the
environment, safety and health. For each failure or contravention, the
punishment includes a prison term of up to five years or a fine of up
to Rs. 1 lakh, or both. This can also be extended for up to seven
years in cases.
• Engaging in the sustainable development of the environment.
• Attaining protection of the right to life under Article 21 of the
Constitution.
Air (Prevention and Control of Pollution) Act- 1981

Objective- It provides the prevention , control and abatement of

air pollution. Provisions of the Act has to be implemented by
Central Pollution Control Board along with the State Pollution
Control Board.

Functions-
1. Setting of the air quality standards, collecting data on air
pollution, organizing training, awareness programmes,
establishing laboratories
2. Specify air pollution control areas and set standard for vehicle
emissions.
3. Penalties for violation of its provisions. Applies to all.
 Water (Prevention and Control of Pollution) Act
1974

Objectives-
1. It prevents, controls and provides maintenance or restoration of
wholesomeness of water.
2. Provisions of the Act has to be implemented by Central Pollution
Control Board being a main agency.
Functions-
1. Establishes standards of the water quality and effluent
2. Polluting industries must seek the permission to discharge the
waste into effluent bodies.
 Wildlife Protection Act- 1972

Objectives-
Wildlife protection Act of 1972 defines wildlife to include any bird or
animal and aquatic or land vegetation, form part of any habitat.

Function-
1. Under the Act, Central government work with state governments
to regulate or prohibit the conversion of forest in agriculture or
urban land.
2. Protection against natural hazards
3. Maintenance of water supply in water bodies present in Forest.
4. Protection of lines of communication and transportation
 Forest Conservation Act of 1980
Objectives-
1. It provides for the protection and conservation of the forests.
2. Under the Act, a state government may regulate or prohibit in
any forest the clearing of land for cultivation, pasturing of
cattle, or clearing the vegetation for any of following
purposes:
Function-
1. Protection against natural hazards
2. Maintenance of water supply in aquifers.
3. Protection of lines of communication and transportation
4. Preservation of public health.
5. Mandatory for land owner.
 National Forest Policy 1988
Aim: to ensure environmental stability and maintenance of ecological balance including atmospheric
equilibrium which are vital for sustenance of all life forms, human, animal and plant.
• Major achievements of National Forest Policy
Increase in the forest and tree cover.
· Involvement of local communities in the protection, conservation and management of forests
through Joint Forest Management Programme.
· Meeting the requirement of fuel wood, fodder minor forest produce and small timber of the rural
and tribal populations.
· Conservation of Biological Diversity and Genetic Resources of the country through ex-situ and in-
situ conservation measures.
· Significant contribution in maintenance of environment and ecological stability in the country.
 Objective of National Forest Policy
Maintenance of environmental stability through preservation and, where necessary, restoration
of the ecological balance that has been adversely disturbed by serous depletion of the
forests of the country.
· Conserving the natural heritage of the country by preserving the remaining natural forests
with the vast variety of flora and fauna, which represent the remarkable biological diversity
and genetic resources of the country.
· Checking soil erosion and denudation in the catchments areas of rivers, lakes, reservoirs in
the “interest of soil and water conservation, for mitigating floods and droughts and for the
retardation of siltation of reservoirs.
· Checking the extension of sand-dunes in the desert areas of Rajasthan and along the
coastal tracts.
· Increasing substantially the forest/tree cover in the country through
massive afforestation and social forestry programmes, especially on all denuded, degraded
and unproductive lands.
· Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of
the rural and tribal populations.
· Increasing the productivity of forests to meet essential national needs.
· Encouraging efficient utilisation of forest produce and maximising substitution of wood.
· Creating a massive people’s movement with the involvement of women, for achieving
these objectives and to minimise pressure on existing forests.
Issues involved in enforcement of
Environmental Laws
1. Illiteracy
2. Growing population
3. Ignorance
4. Economic reasons
5. Insufficiency of laws
 Issues Involved in Enforcement of Environmental Legislation in India
1.The precautionary principle: This principle has evolved to deal with risks and uncertainties
faced by environmental management. The principle implies that an ounce of prevention is better
than cure it does not prevent problems but may reduce their occurrence and helps ensure
contingency plans are made.

-But some environmental problems become impossible or costly to solve if there is delay,
therefore waiting for research and legal proof is not costless.

2. The polluter-pays principle: The polluter pays for the damaged caused by a development.
This principle also implies that a polluter pays for monitoring and policing.

-A problem with this approach is that fines may bankrupt small businesses, yet be low enough for
a large company to write them off as an occasional overhead, which does little for pollution
control.

3. Freedom of information: Environmental planning and management is hindered if the public,

NGOs or even official bodies are unable to get information. Many countries have now begun to
release more information, the USA has a Freedom of Information Act, and the European Union is
moving in this direction.

-But still many governors and multinational corporations fear that industrial secrets will leak to
competitors if there is too much disclosure, and there are situations where authorities declare
strategic needs and suspend disclosure.
Human - wildlife conflict in India
Human wild life conflict in India
 Tribal population in India and Their Rights
Tribe
A Tribe is a group of distinct people, dependent on their land for their livelihood, who are
largely self-sufficient, and not integrated into the National society. They are considered to be
existing in the native area’s as a social group existing before the development of Nation
States, or outside them.

India's forests are home to crore’s of people, including many Scheduled Tribes, who live in or
near the forest areas of the country. Nearly 250 million people live in and around forests
in India, of which the estimated indigenous Adivasi or tribal population stands at about 100
million.
 Tribes Are also called Scheduled- Why?

The reason why they are called SCHEDULE is because they are included in one of
the Schedule of the Constitution of India. Our Constitution has 12 Schedules. The
Scheduled Tribes people are the one who are previously untouchables. According to
Hindu Mythology, this is the fifth category in the VARNA system. The Scheduled
Tribes people are generally called as ADIVASI.

Problems Related to Scheduled Tribes

1) Land Rights: Under the 2006 Forest Rights Act, providing land rights to forest-
dwelling communities of the country, only 15 lakh complainants out of the 39,56,262
cases filed; were given the legal recognition to their property.

2) The tribes have their own social problems. They are traditional and bound by customs.

3) Illitracy: Due to lack of education and development they are superstitious and believe
in outmoded and meaningless practices which can be harmful at times.

4) Others: Child marriage, infanticide, homicide, animal sacrifice, exchange of wives,

black magic and other detrimental practices are still prevalent among them. They believe
in supernatural powers and have a keen desire to maintain these practices. They don’t
want to change their significant tribal character and hence it’s said that “tribes are the
tribesmen first, the tribesmen last, and the tribesmen all the time. “
 Constitutional Rights to Tribal People

The Constitution of India has provided special provisions to the tribal people to
safeguard their interests:
1) Article 15 of the Indian Constitution states that the state shall not discriminate any
citizen on grounds of religion, race, caste, sex, place of birth or any of them. This
explains that every citizen of India is provided equal rights and opportunities without
any discrimination.
2) Government of India has made reservation for the tribes in employment under Article
16(4) of the Constitution of India.
3) The Government of India has reserved seats in The House of People (Lok Sabha) and
The State Legislative Assemblies under Article 330 and 332 of The Constitution of
India.
4) Article 19(5) of the Constitution of India guarantees the tribal people right to own
property and enjoy it in any part of the country.
5) Article 338 of The Constitution of India grants the right to appoint a Commissioner to
look after welfare activities of tribes.
6) Article 46 of the Constitution of India states that, The State shall promote with special
care the educational and economic interests of the weaker sections of the people and
in particular, the Scheduled Castes and the Scheduled Tribes, and shall protect them
from social injustice and all forms of exploitation.
7) Under Article 275 of the Constitution of India the Centre Government is required to
give grants-in-aid to the State Government for approved Tribal Welfare Schemes.
 Importance of tribal communities

1) As they are living in close association with nature they carry inherent knowledge of
plants and animals that help us to stratergise protection measures.

2) They count to diversity of India, culture, cuisine and medication (Ethnomedication).

3) They are providing protection to number of plants and animals species from hunter and
traders.

4) Number of tribal people are becoming role models around the globe and set an
extraordinary examples in protecting environment and biodiversity.

Ex. The Kondh community who marched into the streets of Bhubaneshwar to prevent
their nature and their living area from potential environmental violatiors.
Reduce, Reuse, RecSimple steps to reduce the emission of GHC
Reduce, Reuse, Recycle
Use Less Heat and Air Conditioning
Replace Your Light Bulbs (Incandescent bulb to CFL/LED)
Drive Less and Drive Smart
Buy Energy-Efficient Products
Use Less Hot Water
Energy conservation
Plant a Tree (Afforestation)
Encourage Others to Conserve
Development of Clean Technologies
Reduction in Carbon footprints