Unit 6 – Global Environmental Issues and Policies

•International agreements and programmes: Earth Summit, UNFCCC, Montreal and Kyoto
protocols, Convention on Biological Diversity(CBD), Ramsar convention, The Chemical Weapons
Convention (CWC), UNEP, CITES, etc
•Sustainable Development Goals: India‟s National Action Plan on Climate Change
and its major missions
•Environment legislation in India: Wildlife Protection Act, 1972; Water (Prevention andControl of
Pollution) Act, 1974; Forest (Conservation) Act 1980; Air (Prevention &Control of Pollution) Act,
1981; Environment Protection Act, 1986; Scheduled Tribesand other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006

Nawin Kumar Tiwary, Ph.d.

Assistant Professor
Department of Environmental Studies
Indraprastha College for Women
University of Delhi, Delhi, India
Environment protection – from Indian Constitution perspective

Environmental protection is a fundamental duty of every

citizen of this country under Article 51-A(g) of our
Constitution which reads as follows:
"It shall be 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."

The State's responsibility with regard to

environmental protection has been laid down
under Article 48-A of our Constitution, which
reads as follows:
"The State shall endeavour to protect
and improve the environment and to safeguard
the forests and wildlife of the country".
Environment protection – from Indian Constitution perspective

Article 21 of the Constitution is a fundamental right which

reads as follows:
"No person shall be deprived of his life or
personal liberty except according to procedure established
by law."
Article 21 has become Right to
Life in a healthy environment.

In Subhash Kumar vs. State. of Bihar- (1991) 1 SCC

598, the Supreme Court held that right to life is a
fundamental right under Art. 21 of the Constitution and it
include the right to enjoyment of pollution free water and
air for full enjoyment of life. If anything endangers or
impairs that quality of life in derogation of laws a citizen
has recourse to Art.32 of the Constitution for removing the
pollution of water or air which may be detrimental to life.
Environmental legislations in India

• Wildlife Protection Act, 1972

• The Water (Prevention and Control of Pollution) Act, 1974.
• The Water (Prevention and Control of Pollution) Cess Act, 1977.
• Forest (Conservation) Act 1980
• The Air (Prevention and Control of Pollution) Act, 1981.
• The Environment (Protection) Act, 1986.
• The Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2000.
• The Manufacture, Storage and Import or Hazardous Chemical Rules, 1989 as amended in 2000.
• The Public Liability Insurance Act, 1991.
• The Environment Impact Assessment Notification, 1994 as amended on May 4, 1994 and April 10, 1997.
• The National Environment Tribunal Act, 1995.
• The Biomedical Waste (Management and Handling) Rules, 1998.
• The Recycled Plastics Manufacture and Usage Rules, 1999.
• The Fly Ash Notification, 1999.
• The Municipal Solid Wastes (Management and Handling) Rules, 2000.
• The Batteries (Management and handling) Rules, 2001.
• Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
WILDLIFE (PROTECTION) ACT, 1972 (Ammended in 1991)

The act, a landmark in the history of wildlife legislation in our country, came into existence in 1972. Wildlife was
transferred from State list to concurrent list in 1976, thus giving power to the Central Govt. to enact the
legislation. The Indian Board of Wildlife (IBWL) was created in 1952 in our country, which after the
enactment of the Wildlife (Protection) Act actively took up the task of setting up wildlife National Parks and
sanctuaries. The major activities and provisions in the act can be summed up as follows:

(i) It defines the wild-life related terminology.

(ii) It provides for the appointment of wildlife advisory Board, Wildlife warden, their powers, duties etc.
(iii) Under the Act, comprehensive listing of endangered wild life species was done for the first time and
prohibition of hunting of the endangered species was mentioned.
(iv) Protection to some endangered plants like Beddome cycad, Blue Vanda, Ladies Slipper Orchid, Pitcher
plant etc. is also provided under the Act.
(v) The Act provides for setting up of National Parks, Wildlife Sanctuaries etc.
(vi) The Act provides for the constitution of Central Zoo Authority.
(vii) There is provision for trade and commerce in some wildlife species with license for sale, possession,
transfer etc.
(viii) The Act imposes a ban on the trade or commerce in scheduled animals.
(ix) It provides for legal powers to officers and punishment to offenders.
(x) It provides for captive breeding programme for endangered species.
FOREST (CONSERVATION) ACT, 1980

This act deals with the conservation of forests and related aspects. The Act covers under it all
types of forests including reserved forests, protected forests or any forested land irrespective
of its ownership.
The salient features of the Act are as follows:
(i) The State Govt. has been empowered under this Act to use the forests only for forestry
purposes. If at all it wants to use it in any other way, it has to take prior approval of central
Government, after which it can pass orders for declaring some part of reserve forest for non-
forest purposes (e.g mining) or for clearing some naturally growing trees and replacing them
by economically important trees (reforestation).
(ii) It makes provision for conservation of all types of forests and for this purpose there is an
Advisory committee which recommends funding for it to the Central Government.
(iii) Any illegal non-forest activity within a forest area can be immediately stopped under this Act.
Non-forest activities include clearing of forest land for cultivation of any type of plants/crops
or any other purpose (except re-afforestation).

However, some construction work in the forest for wildlife or forest management is exempted
from non-forest activity (e.g. fencing, making water-holes, trench, pipelines, check posts,
wireless communication etc.)
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

It provides for maintaining and restoring the wholesomeness of water by preventing and controlling its
pollution. Pollution is defined as such contamination of water, or such alteration of the physical,
chemical or biological properties of water, or such discharge as is likely to cause a nuisance or render
the water harmful or injurious to public health and safety or harmful for any other use or to aquatic
plants and other organisms or animal life. The definition of water pollution has thus encompassed the
entire probable agents in water that may cause any harm or have a potential to harm any kind of life in
any way. The salient features and provisions of the Act are summed up as follows:

(i) It provides for maintenance and restoration of quality of all types of surface and ground water.
(ii) It provides for the establishment of Central and State Boards for pollution control.
(iii) It confers them with powers and functions to control pollution. The Central and State Pollution Control
Boards are widely represented and are given comprehensive powers to advise, coordinate and provide
technical assistance for prevention and control of pollution of water.
(iv) The Act has provisions for funds, budgets, accounts and audit of the Central and State Pollution
Control Boards.
(v) The Act makes provisions for various penalties for the defaulters and procedure for the same.
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

Salient features of the act are as follows:

(i) The Act provides for prevention, control and abatement of air pollution.
(ii) In the Act, air pollution has been defined as the presence of any solid, liquid or gaseous substance
(including noise) in the atmosphere in such concentration as may be or tend to be harmful to human beings
or any other living creatures or plants or property or environment.
(iii) Noise pollution has been inserted as pollution in the Act in 1987.
(iv) Pollution control boards at the central or state level have the regulatory authority to implement the Air Act.
Just parallel to the functions related to Water (Prevention and Control of Pollution) Act, the boards performs
similar functions related to improvement of air quality. The boards have to check whether or not the industry
strictly follows the norms or standards laid down by the Board under section 17, regarding the discharge of
emission of any air pollutant. Based upon analysis report consent is granted or refused to the industry.
(v) Just like the Water Act, the Air Act has provisions for defining the constitution, powers and function of
Pollution Control Boards, funds, accounts, audit, penalties and procedures.
(vi) Section 20 of the Act has provision for ensuring emission standards from automobiles. Based upon it, the
state govt. is empowered to issue instructions to the authority incharge of registration of motor vehicles
(under Motor Vehicles Act, 1939) that is bound to comply with such instructions.
(vii) As per Section 19, in consultation with the State Pollution Control Board, the state government may
declare an area within the state as .air pollution control area. and can prohibit the use of any fuel other than
approved fuel in the area causing air pollution. No person shall, without prior consent of State Board
operate or establish any industrial unit in the .air pollution control area.
THE ENVIRONMENT (PROTECTION) ACT, 1986
The Act came into force on Nov. 19, 1986, the birth anniversary of our Late Prime Minister Indira Gandhi, who was
a pioneer of environmental protection issues in our country. The Act extends to whole of India. Some terms
related to environment have been described as follows in the Act:
(i) Environment includes water, air and land and the inter-relationships that exist among and between them and
human beings, all other living organisms and property.
(ii) Environmental pollution means the presence of any solid, liquid or gaseous substance present in such
concentration, as may be, or tend to be, injurious to environment.
(iii) Hazardous Substance means any substance or preparation which by its physico-chemical properties or
handling is liable to cause harm to human beings, other living organisms, property or environment.
The Act has given powers to the Central Government to take measures to protect and improve environment while
the state governments coordinate the actions. The most important functions of Central Govt. under this Act
include setting up of:
(a) The standards of quality of air, water or soil for various areas and purposes.
(b) The maximum permissible limits of concentration of various environmental pollutants (including noise) for
different areas.
(c) The procedures and safeguards for the handling of hazardous substances.
(d) The prohibition and restrictions on the handling of hazardous substances in different areas.
(e) The prohibition and restriction on the location of industries and to carry on process and operations in different
areas.
(f) The procedures and safeguards for the prevention of accidents which may cause environmental pollution and
providing for remedial measures for such accidents.
Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

• To address the adverse living conditions of many tribal families living in forests, a landmark legislation viz.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, has been
enacted to recognize and vest the forest rights and occupation of forest land in forest dwelling Scheduled
Tribes and other traditional forest dwellers, who have been residing in such forests for generations, but
whose rights could not be recorded.

• This Act not only recognizes the rights to hold and live in the forest land under the individual or common
occupation for habitation or for self-cultivation for livelihood, but also grants several other rights to
ensure their control over forest resources.

• The Act also provides for diversion of forest land for public utility facilities managed by the Government,
such as schools, dispensaries, fair price shops, electricity and telecommunication lines, water tanks, etc.
with the recommendation of Gram Sabhas.
International agreements and programmes

There is no international legislation body with authority to pass legislation similar to national
legislations, nor are there international agencies with power to regulate resources at a global
scale. As a result, international legislation must depend on the agreement of the parties
concerned. Certain issues of multinational concern are addressed by collection of policies,
agreements, and treaties that are loosely called International Environmental Legislations.
Montreal Protocol, 1987
Montreal Protocol, 1987

• Widely considered as the most successful environment protection agreement.

• The Montreal Protocol sets binding progressive phase out obligations for developed and
developing countries for all the major ozone depleting substances, including CFCs, halons
and less damaging transitional chemicals such as HCFCs.

Universal ratification of the Montreal Protocol on Substances that Deplete the Ozone
Layer
Damage to the Earth‟s protective ozone layer has sparked unprecedented worldwide concern
and action. Since it was agreed internationally in 1987 to phase out ozone depleting
substances (also known as ODS), 196 countries have ratified the Montreal Protocol. In
September 2009, East Timor ratified the Montreal Protocol, making it the first international
environmental treaty to achieve complete ratification.
Montreal Protocol, 1987

Decline in Ozone depleting Substances post Montreal Protocol, 1987

Kyoto Protocol, 1997

Watch this for more details

https://www.youtube.com/watch?v=DFhuNKNDrLg
Kyoto Protocol, 1997

•The essence of the Kyoto Protocol is that it calls for nations to commit themselves to reducing greenhouse gas
emissions. As of November 2009, 187 states have signed and ratified the protocol.

•The Kyoto Protocol‟s main goal is to reduce the presence of 4 harmful greenhouse gases (GHG‟s):
1. Carbon Dioxide
2. Methane
3. Nitrous Oxide
4. Sulphur Hexafluoride

•The goal is to reduce emissions by 5.2%, compared to 1990 levels. That doesn‟t sound unreasonable to us,
especially considering that shipping and international aviation emissions are not included in that percentage.

•Carbon Credits: In addition, ratifiers of the Kyoto Protocol can purchase carbon credits to help offset their
emissions. Carbon credits are market mechanisms of the minimization of greenhouse gases emission.
Governments or some types of regulatory authorities set the caps on greenhouse gas emissions. For some
companies, the immediate reduction of the emission is not economically viable. Therefore, they can purchase
additional carbon credits to comply with the emission cap from companies that can reduce the emissions
immediately.
Kyoto Protocol, 1997
Kyoto Protocol, 1997
Convention on Biological Diversity, 1992
Convention on Biological Diversity, 1992

In-situ & Ex-situ conservation (A mandate under CBD)

•In-situ conservation is the conservation of ecosystems, natural habitats and species in their natural surroundings.
Signatories of CBD are required to give emphasis to in-situ conservation through a broad range of actions, including
the establishment and management of protected areas; conservation and sustainable use of biological resources
within and outside protected areas; control of alien species and genetically modified organisms; protection of
threatened species and populations; and regulation of damaging processes and activities.

•While the Convention emphasised the importance of in-situ conservation, it also acknowledges that ex-situ measures
also have an important role to play. Ex-situ conservation means conservation outside natural habitats, for example in
zoos, botanic gardens and seed banks. Parties are to take ex-situ measures, while ensuring that ecosystems and
natural populations of species are not threatened.
Ramsar Convention, 1971

• International treaty for “the conservation and sustainable use of wetlands”.

• It is also known as the Convention on Wetlands. The Convention was signed in the city of Ramsar in
Iran on 2nd of February 1971, which is celebrated each year as World Wetlands Day.
• Ramsar Convention has two fold objectives viz. Conservation and sustainable utilization of wetlands;
and stop the encroachment and loss of wetlands.
• Number of parties to the convention (COP) is 170.
• There are around 2100 Ramsar sites around the world. India became a contracting party to the
Ramsar Convention in October 1981 and designated Chilika Lake (Odisha) and Keoladeo National
Park (Rajasthan). Four additional sites were designated in 1990: Sambhar Lake (Rajasthan), Loktak
Lake (Manipur), Harike Lake (Punjab) and Wular Lake (Jammu & Kashmir).
• The Montreux Record is a register of wetland sites on the List of Wetlands of International Importance
where changes in ecological character have occurred, are occurring, or are likely to occur as a result
of technological developments, pollution or other human interference. This record is maintained as
part of the Ramsar List. Currently, two wetlands of India are in Montreux record viz. Keoladeo National
Park, Rajasthan and Loktak Lake, Manipur.
Ramsar Convention, 1971
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

•The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international
agreement to which States and regional economic integration organizations adhere voluntarily.

•CITES entered into force in July 1975. Currently there are 183 Parties (include countries or regional economic
integration organizations).

•Aim: Ensure that international trade in specimens of wild animals and plants does not threaten their survival.

•The CITES Secretariat is administered by UNEP (The United Nations Environment Programme) and is located at
Geneva, Switzerland. It plays a coordinating, advisory and servicing role in the working of the Convention (CITES).

•The Conference of the Parties to CITES, is the supreme decision-making body of the Convention and comprises
all its Parties.

•The last CoP (18th) was held at Geneva (Switzerland), 17-28 August 2019. India hosted CoP 3rd in 1981.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Appendices I, II and III to the Convention are lists of species afforded different levels or types of protection from over-
exploitation:
Appendix I
•It lists species that are the most endangered among CITES-listed animals and plants.
•Examples include gorillas, sea turtles, most lady slipper orchids, and giant pandas.
•Currently 931 species are listed.
•They are threatened with extinction and CITES prohibits international trade in specimens of these species
except when the purpose of the import is not commercial, for instance for scientific research.
Appendix II
•It lists species that are not necessarily now threatened with extinction but that may become so unless
trade is closely controlled.
Appendix III
•It is a list of species included at the request of a Party that already regulates trade in the species and that
needs the cooperation of other countries to prevent unsustainable or illegal exploitation.
•Examples include map turtles, walruses and Cape stag beetles. Currently 147 species are listed.
Species may be added to or removed from Appendix I and II, or moved between them, only by the Conference of the
Parties. However, species may be added to or removed from Appendix III at any time and by any Party unilaterally.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
The Chemical Weapons Convention (CWC)
• CWC aims to eliminate an entire category of weapons of mass destruction by prohibiting the
development, production, acquisition, stockpiling, retention, transfer or use of chemical
weapons by States Parties.
• States Parties must take the steps necessary to enforce that prohibition within their
jurisdiction.
• As a state party to the CWC India enacted Chemical Weapons Convention Act in 2000.
• Chemical Weapons convention (CWC) is also called as Convention on the Prohibition of the
Development, Production, Stockpiling and use of Chemical Weapons and on their
Destruction.
• The Act defines chemical weapons and empowers the Centre to set up a National
Authority which will act as the “national focal point” for effective communication with
organizations and other state parties on matters relating to the Convention and for fulfilling
the obligations of the country.
• The Authority is also empowered to issue directions and even close down facilities which
violate the Convention.
Earth Summit, 1992

• Earth Summit 1992 was the United Nations Conference on Environment and Development (UNCED),
commonly known as the Rio Summit or Rio Conference. It was a major United Nations conference
held in Rio de Janeiro from 3 June to 14 June 1992. It was attended by 172 Governments.

• Agenda 21 is yet another outcome of the 1992 Earth Summit. It is the “Voluntary” action plan of the
United Nations (UN) related to sustainable development. This 40 point document was a
comprehensive blueprint of action to be taken globally, nationally and locally by organizations of the
UN, governments, and major groups in every area in which humans directly affect the environment.

• For implementation of these points a Commission on Sustainable Development was established as a

high level forum on sustainable development. The United Nations Division for Sustainable
Development acts as the secretariat to the Commission and works „within the context of‟ Agenda 21.
United Nations Environment Programme (UNEP)

•UNEP is an agency of the United Nations. It coordinates the UN‟s environmental activities.
•It assists developing countries in implementing environmentally sound policies and practices.
•It was founded as a result of the United Nations Conference on the Human Environment 1972.
•UNEP‟s activities cover a wide range of issues regarding the atmosphere, marine and terrestrial
ecosystems, environmental governance and green economy.
•The World Meteorological Organization and UN Environment established the Intergovernmental
Panel on Climate Change (IPCC) in 1988.
•UNEP has registered several successes, such as the 1987 Montreal Protocol, and the 2012 Minamata
Convention, a treaty to limit toxic mercury.
•UNEP has sponsored the development of solar loan programmes.The solar loan programme sponsored
by UN Environment helped finance solar power systems in India.