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Rethinking Environmental Regulation in India

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Abstract

This paper historically examines changes in policy related to environment in India. Over the last three decades, the Ministry of Environment and Forests (MoEF) of Government of India has enacted a number of environmental laws and also has restructured the environmental regulation process to ensure successful enforcement of environmental law in an effective manner. Across the country, government agencies wield vast power to regulate industry, mines and other polluters to ensure the effective implementation of environmental laws and regulations. However, a plethora of such enactments and Constitutional provisions has not resulted in preventing environmental degradation in the country. This paper makes an in-depth analysis of environmental governance and regulation in India in four selected states to explore whether we need multiplicity of authorities to ensure effective implementation of environmental laws or do we need to reorient and redesign the existing institutions. In this context, the paper identifies the problems of environmental compliance and enforcement and reflects on efforts to build capacity of various stakeholders involved in the implementation of environmental laws at the grassroots level.

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Notes

  1. 1.

    For more details, see Upadhyay and Upadhyay (2002).

  2. 2.

    For more details, see Sahu (2010).

  3. 3.

    Working Paper on National Environmental Assessment and Monitoring Authority for public consultation, Ministry of Environment and Forests (MoEF), Government of India, New Delhi, 2010.

  4. 4.

    Section 33A of the Water Act and Section 31A of the Air Act states that if the industry fails to obtain consent or if violates consent conditions then the industrial unit is liable for punishment under both Acts.

  5. 5.

    For more details, see Discussion Paper on the Establishment of National Environment Assessment and Monitoring Authority 2010, Ministry of Environment and Forests, Government of India, New Delhi.

  6. 6.

    For more details, see proposal for the Establishment of National Environment Protection Authority 2009, Ministry of Environment and Forests, Government of India, New Delhi.

  7. 7.

    For more details, see Water (Prevention and Control of Pollution) Act, 1974. Available at this website http://www.moef.nic.in/legis/water/wat1c2.html. Accessed on 30 March 2013.

  8. 8.

    See Vaman Acharya is Pollution Control Board Chief, 21 September 2012, The New Indian Express.

  9. 9.

    See Kuldeep Singh Pathania appointed as Chairman of Pollution Control Board. Available at http://himsatta.com/fullstory.php?&newsid=2429. Accessed on 20 March 2013.

  10. 10.

    See SP appoints Bukhari candidate as pollution board chief. Available at http://www.indianexpress.com/news/sp-appoints-bukhari-candidate-as-pollution-board-chief/953757/. Accessed on 20 March 2013.

  11. 11.

    See Arunachal Pradesh State Pollution Control Board Website. Available at http://apspcb.org.in/contactus.htm. Accessed on 20 March 2013.

  12. 12.

    See Manipur State Pollution Control Board Website. Available at www.pcbmanipur.org. Accessed on 20 March 2013.

  13. 13.

    This observation is based on my personal interaction with environmental scientist of various SPCBs from March 2012 to March 2013.

  14. 14.

    The provision of the Water (Prevention and Control of Pollution) Act, 1974 states that a SPCB shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the board at such time as he thinks fit for the aforesaid purpose.

  15. 15.

    This information is based on my discussion with SPCB members between March 2012 and March 2013.

  16. 16.

    See Ex-Babu heads Maharashtra PCB again, 2 November 2012, The Times of India.

  17. 17.

    Waseem’s sacking points at imminent row in SP, The Times of India, 28 February 2013. Available at http://articles.timesofindia.indiatimes.com/2013-02-28/lucknow/37351727_1_uppcb-akhilesh-yadav-sangam. Accessed on 18 April 2013.

  18. 18.

    This information is based on our personal discussion with a number of SPCB staff.

  19. 19.

    Section 33 of the Water Act and Section 22A of the Air Act state that the SPCBs have the power to move court for restraining apprehended pollution as a preventive measure.

  20. 20.

    For minor violations of the Acts, such as failure to provide information, obstructing personnel of the board from discharging their duties, and so forth, the penalty prescribed is imprisonment up to three months or fine of Rs. 10,000 or both. More severe punishments are provided under both Acts for continued violation after the first conviction (Section 41 to 45A of the Water Act and Section 37 to 39 of the Air Act). The Water Act prohibits the discharge of pollutants into water bodies beyond established standards (Section 24) and requires that generators of all new and existing sources of discharge into water bodies get the prior consent of the PCBs (Section 25 and 26 respectively). It also lays down penalties, such as fines and imprisonment, for not complying with these (and other) regulations of the Act.

  21. 21.

    For more details, see Sahu (2013), Environmental Regulatory Authorities in India: An Assessment of SPCBs, Centre for Science, Technology and Society of Tata Institute of Social Sciences, Mumbai.

  22. 22.

    This information is based on my discussion with staff of Odisha, Karnataka, Gujarat and Maharashtra SPCB.

  23. 23.

    For more details, see Strategic Plan, 12th Five Year Plan (2012–13 to 2016–17), Ministry of Environment and Forests, Government of India, New Delhi.

  24. 24.

    For more details, see Sarap and Sarangi (2013).

References

  • Curmally, Atiyah. 2002. Environmental Governance and Regulation in India. Indian Infrastructure Report. New Delhi.

    Google Scholar 

  • Divan, S., and A. Rosencranz. 2001. Environmental Law and Policy in India. New Delhi: Oxford University Press.

    Google Scholar 

  • Environmental Compliance and Enforcement in India: Rapid Assessment. 2006. OECD Programme of Environmental Co-operation with Asia and the OECD Work on Environmental Compliance and Enforcement in Non-Member Countries.

    Google Scholar 

  • GOI. 2009. Proposal for a National Environment Protection Authority, Discussion Paper, MoEF, New Delhi.

    Google Scholar 

  • GOI. 2010. Establishment of National Environment Assessment and Monitoring Authority, Discussion Paper, MoEF, New Delhi.

    Google Scholar 

  • Gilardi, Fabrizio. 2005. The Institutional Foundations of Regulatory Capitalism: The Diffusion of Independent Regulatory Agencies in Western Europe. The ANNALS of the American Academy of Political and Social Science.

    Google Scholar 

  • Hahn, Robert, and Roberts Stavins. 1992. Economic Incentives for Environmental Protection: Integrating Theory and Practice. The American Economic Review 464–468.

    Google Scholar 

  • Harman, Sir John. 2004. Environmental Regulation in the 21st Century. London: CRI Occasional Lecture.

    Google Scholar 

  • Layzer, Judith A. 2002. The Environmental Case: Translating Values Into Policy. CQ Press College.

    Google Scholar 

  • Lele, Sharachchandra, Dubash Navroz, and Shantanu Dixit. 2010. A Structure for Environment Governance: A Perspective. Commentary, Economic & Political Weekly.

    Google Scholar 

  • Levi-Faur, David. 2005. The global diffusion of regulatory capitalism. Annals of the American Academy of Political and Social Sciences 598 (1): 12–32.

    Google Scholar 

  • Prasad, P.M. 2006. Environment Protection: Role of Regulatory System in India, Economic and Political Weekly 1728.

    Google Scholar 

  • Peltzman, Sam, Michael Levine, and Roger NollSource. 1989. The Economic Theory of Regulation after a Decade of Deregulation. Brookings Papers on Economic Activity. Microeconomics 1–5.

    Google Scholar 

  • Ramavarman, T. 2012. Staff Shortage Cripples Pollution Control Board in Kerala. Times of India, June 5. Accessible at http://sp.m.timesofindia.com/PDATOI/articleshow/13835893.cms.

  • Ringquist, Evan. 1993. Does Regulation Matter? Evaluating the Effects of State Air Pollution Control Programs. The Journal of Politics 1993: 1022–1045.

    Google Scholar 

  • Sahu, Geetanjoy. 2010. Implementation of Environmental Judgments in Context: A Comparative Analysis of Dahanu Thermal Power Plant Pollution Case in Maharashtra and Vellore Leather Industrial Pollution Case in Tamil Nadu. Law, Environment and Development (LEAD). International Environmental Legal Research Centre, London, December.

    Google Scholar 

  • Sarap, Kailas, and Tapas Sarangi. 2013. Forest Governance in Orissa: Working of Participatory Institutions and Impact on Livelihood. http://www.ecoinsee.org/6bconf/Theme%20G/G.2.3%20Kailas.pdf. Accessed from the website on March 30, 2013.

  • Sahu, Geetanjoyl. 2013. Environmental Regulatory Authorities in India: An Assessment of State Pollution Control Boards.

    Google Scholar 

  • Strategic Plan 2012–13 to 2016–17. Ministry of Environment and Forest, Government of India, New Delhi.

    Google Scholar 

  • Thatcher, Mark. 2002. Delegation to Independent Regulatory Agencies: Pressures, Functions and Contextual Mediation. West European Politics 125–147.

    Google Scholar 

  • Turn Around: Reform Agenda for India’s Environmental Regulators, Centre for Science and Environment, New Delhi. 2009.

    Google Scholar 

  • Upadhyay, Sanjay, and Videh Upadhyay. 2002. Handbook on Environmental Law: Forest Laws, Wild Life Laws and the Environment, vol. 1. New Delhi: The LexisNexis Group of Companies.

    Google Scholar 

  • Viscusi, Kip, John Vernon, and Joseph Harrington. 2000. Introduction to Environmental Regulation. Economics of Regulation and Antitrust 297–335 Massachussetts: MIT Press.

    Google Scholar 

  • Winston, Clifford. 1993. Economic Deregulation: Days of Reckoning for Micro-economists. Journal of Economic Literature 1263–1289.

    Google Scholar 

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Authors and Affiliations

  1. Centre for Science, Technology & Society, Tata Institute of Social Sciences (TISS), Deonar, Mumbai, 400088, India

    Geetanjoy Sahu

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  1. Geetanjoy Sahu
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Correspondence to Geetanjoy Sahu .

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Editors and Affiliations

  1. Centre for Study of Social Exclusion and Inclusive Policies, Tata Institute of Social Sciences (TISS), Mumbai, India

    Madhushree Sekher

  2. Director, Tata Institute of Social Sciences, Mumbai, India

    S. Parasuraman

  3. India Observatory, London School of Economics and Political Science, London, United Kingdom

    Ruth Kattumuri

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Sahu, G. (2018). Rethinking Environmental Regulation in India. In: Sekher, M., Parasuraman, S., Kattumuri, R. (eds) Governance and Governed. Springer, Singapore. https://doi.org/10.1007/978-981-10-5963-6_8

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