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Environmental Law in India (Part 1)

by Sudarshan Sreeram | 13-07-2018 01:35



Environmental law covers the treaties between nations, regulations and other specific laws that are in place as a measure of control on the different activities that lead to environmental damage.  For example, the release of industrial wastes in rivers or toxic gases to the atmosphere present some cases that the environmental health and safety teams have to always deal with.  Public though aware of the consequences are less empowered to take quick and long lasting actions on any violation of environmental law.  The law is in place to control and prevent such violation, however, the reality is far from ideal conditions or text book conclusions. 

 

The international environmental law covers the general aspects of environmental issues and emphasises on collaboration between neighbouring states, for example, terrestrial or marine pollution such as oil spilling in the sea or it could be disposing of wastes across borders.   Another well-known treaty is called Kyoto Protocol, which is a consensus between nations on the efforts to reduce the greenhouse gas emissions.  The Kyoto Protocol is an extension of United Nations Framework Convention on Climate Change (UNFCCC).  Between the period 2008-2012, 37 countries and the European Union agreed to abide by the treaty to reduce GHG emissions. 

 

 In Asia, Japan is the leading nation with respect to enforcing environmental law on emissions.  Developing countries such as India are finding this as a challenge to implement the control on emissions.  For example, the auto emissions are one of the major contributors to the greenhouse gases in India.  Several environmental agencies have warned on the high air pollution levels in cities such as Delhi.  The causes of air pollution in India include burning of biomass, vehicle emissions, emission standards, fuel adulteration and traffic congestion.  All these causes are important but from the perspective of environmental law, the enforcement of Bharath Stage IV (equivalent to Euro IV for emissions), it appears that this part of the law is not followed at all. 

 

On the roads, we still witness vehicles prior to 1992 with no emission checks.    Similarly fuel adulteration has been very difficult to control due to a variety of issues.  The mixing of fuel with chemical / alternate substances happens not just at one location thereby making law enforcement difficult.  Identification of such violation is possible with regular checks on automobile emissions.  The sample graph from Delhi shows the presence of toxic substances well above the permissible limits.   The health costs due to air pollution alone is very alarming – the reports indicate over a million deaths every year due to air pollution. 

 

Most of the cities in India violate world air quality PM10 targets.  Environmental law enforcement in India in particular has become very challenging due to various reasons.  There is no regular air quality monitoring in public areas to trigger off any warning.  Such warning systems have been implemented in places like Delhi.  Such systems followed by stringent measures have indeed helped reduce some pollution.   Adherence to environmental law is required and should be enforced in all nations.  There should be global norms for emissions and this should be monitored by United Nations for any violations.