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ENVIRONMENTAL POLLUTION – LEGAL ASPECTS

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Introduction:

Industrial Projects of today are highly polluting in nature causing a great deal of air, water and soil pollution. Realizing the importance of the problem, the Government has passed various legislations in order to prevent degradation of ecology and environment caused by the growth of such industries.

Article 51 A of the Constitution imposes as one of the fundamental duties on every citizen, the duty to protect and improve the natural environment.

Inspite of various legislations such as:

Air (Prevention & Control of Pollution) Act, 1981

Water (Prevention & Control of Pollution) Act 1974

Environmental Protection Act 1987 and

Factories Act 1948 (as amended in 1987)

 Not much seems to have been done in framing regulations that will put an end to tendencies in industries that have adverse effects on nature and healthy living of an individual. No doubt, there is greater awareness of this aspect to-day than ever before, but the problem of environmental hazard caused by industrial effluents has gone out of control.

In Sec. 217 (i) (e) of the Companies Act, 1956 a mention has been made of conservation of energy, whereas an equally important aspect relating to environment and ecology does not find a place in it. Though statutory standards have been laid down, pollution level in many of the industries are far below satisfaction.

 CORPORATE ENVIRONMENTAL POLICY:

It is a necessary that energy industry evolves its own environmental policy in order to ensure that over a period of time, time tested policies will remain and statutory regulations may be imposed upon industries to adhere to such policies.The following steps are necessary:

(i)       Formulate and publish an environmental policy

(ii)       Involve the company’s personnel

 

(iii)     Provide for adequate financial resources in the budget (iv)     Review and monitor policy at regular intervals.

 (V)      Audit and Report.

PRESENT TRENDS:

 Millions in India’s exploding towns and cities find the industrial revolution coming in through their windows. To step this blatant disregard of pollution control laws, the Supreme Court and some high courts passed a series of judgments on public interest litigations in 1995 ordering the closure of industries in Delhi, Gujarat, U.P. Tamilnadu and West Bengal. But there is a world of difference between getting the Supreme Court to close down an industrial unit and actually ensuring it closes shop or cleans up.

The problems begin with units that stall blatantly by simply refusing to accept closure or warning notices. In Delhi, the Supreme Court ordered that above 9,000 industrial units should move out of Delhi for being in zones not meant for industry. Accordingly, notices were issued to 1,221 units. At least half of them questioned their categorization as polluting industries: The original classification could be flawed; a re-evaluation will be a Herculean task.

 In West Bengal, the shut down order for 30 units from the Supreme Court promoted the West Bengal Pollution Control Board to look seriously at a host of other industries. The Board hauled up 252 units for air and water pollution; after getting notices 225 of these cleaned up their act and the others like Indian Rayon, Reckitt & Colman, Buru Standard, Texmo and JFB Agro were being monitored for compliance. An interesting point to note down is that the resistance to pollution control comes not just from management but from unions who fear job losses, especially if the unit is in the red. In Delhi, agitated workers protest regularly outside the Supreme Court where a division bench is trying to decide how, when and how many industries should move out of the city. If industrial units are finally closed, keeping them shut will not be easy either. Several units shut down by the court orders have been restarted either with the help of political pressure on water supply and electricity authorities or by managements who simply run generators and get water supply from tankers.

The Supreme Court ordered closure of 57 tanneries in North Arcot of Tamilnadu; 496 units were given time to set up Effluent Treatment Plants. But the deadline could not be met Tanneries had to bear 20% of the cost and Government whose share was 25% (the balance from loans) pointed finger at each other, and the ETPs are far from completion.

 In Gujarat, more than 93 industries were ordered shut by the High Court in Ahmedabad and Vapi. In Nandasari, 252 units were threatened up with closure if they did not clean. Less than 10 have stopped operating. The Court is now listening to experts to educate itself on issues of cost, technology and time. Industries, which long ignored pollution control are now pleading for time to find affordable technology.

WHAT IS TO BE DONE?

 Since the health of every individual is of paramount importance, it is the bounden duty of the Government to ensure that the right to live in a healthy atmosphere is undisturbed. In this ever increasing world of pollution, it is high time that our Government takes concrete steps to insist upon industries to frame environmental policies and to be bounded by it.

Pollution Control Boards should be geared to meet the challenges that may arise in this endeavour. A clause on the environmental and ecological protection can be inserted in the Companies Act 1956 in sec. 217 (1) after conservation of energy.

But one can take a horse to the water but cannot force it to drink. The attention is to industries that first do not bother about installing pollution control equipment, ignore notices, and when they are finally handled up before the courts, still try to wriggle out.

Eventually, it seems to be citizens alone who can make a difference in the long run. Unless there is a vigilant citizenry, it is very difficult to cope. The fight against urban pollution is running aground because there is a nexus between the bureaucracy, policy makers and industry.

 

Dr.R.SRINIVASAN is a Post graduate in commerce and Management. He received his doctoral degree from Alagappa University in 1997. He is now Working as an ASSOCIATE PROFESSORin Post graduate and Research Department of Corporate Secretaryship at Bharathidasan Government College for Women (Autonomous), Pondicherry University, Puducherry.He currently teaches Accounting ,financial management and Research Methodology Subjects. Before Joining BGCW, he was teaching in SNR College, Coimbatore, Sindhi college, Chennai& T.S.Narayanasamy College, Chennai for eight years. He was with the industry for a short term at Salzar Electronics Pvt. Ltd, Coimbatore. He has about 20 years of teaching experience and having research experience of 15 years. His interests are in Accounting and finance, Capital Market, Quantitative Methods. He underwent the Faculty Development Programme at Indian Institute of Management Ahmedabad during 2000-01. He has presented 20 papers in national and international conferences and has published twenty papers in the areas of Finance and Human resource Management in National Journals. Co-authored a book titled, ‘Investors Protection, published by Raj Publications, New Delhi He has delivered lectures in contemporary finance topics at Pondicherry University. He is involved in consultancy projects for Godrej Saralee, Chennai in the areas of Statistical Applications. He has supervised a number of research projects in the area of corporate finance and Human Resource Management. He is the Board of examiner in corporate Secretaryship and Management for the past two decades.
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Article Source:http://www.articlesbase.com/environment-articles/environmental-pollution-legal-aspects-1410286.html

Posted by GreenPowerGuy on November 2nd, 2009

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Biodiversity in Kerala

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Legend has it that Parasurama, one of the ten incarnations of Vishnu, killed all the Kshatriyas on earth. In a mood of remorse over the killings, he threw his axe in the sea. The sea receded and left behind as huge landmass which we now call Kerala. If there is one aspect about Kerala which makes it eminently qualified to be called God’s own country, apart fro the legend, it is its rich biodiversity. Kerala is a home to nearly 10035 plant species which is 22 per cent of the total number of plant species found in India. A high number of plant and animal species are endemic (unique) to the state. Out of the 3872 flowering plants found in Kerala, 1272 are endemic. 56 out of 102 mammals, 139 out of 169 reptiles and 86 out of 89 amphibians are endemic to the state which speaks volumes about the high level of biodiversity in the state. Kerala has been identified as one of the world’s twenty-five biodiversity hotspots with three of India’s nineteen Ramsar Convention-listed wetlands – Lake Sasthamkotta, Asthamudi wetlands and the Vembanad-Kol wetlands are located in Kerala.

Kerala is located between north latitudes 8°18′ and 12°48′ which is the region of humid equatorial climate with an average annual rainfall of 3107 mm. The forest regions in Kerala lie on the western slope of the Western Ghats at different altitudes rising up to2694m above sea level. This steep and abrupt topography create great variations in the environmental conditions. All these factors provide ideal conditions for existence of high levels of biodiversity in the state.

Important flora found here are sonokeling (Indian rosewood), bamboo, wild black pepper, wild cardamom and aromatic vetiver grass. Among animals found here are Asian elephant, Bengal tiger leopard, Nilgiri tahr, palm civet and grizzled giant squirrel. Reptiles like king kobra, python, viper and crocodile are found here. Birds like peafowl, great hornbill, great Indian hornbill, Indian cormorant and jungle myna can also be found in the state. Moreover, Kerala has a long coastline with 44 rivers criss-crossing the state. So lots of marine creatures like prawns, lobsters, crabs, mussels apart from fishes like karimeen (pearl spot), kadu (stinging catfish) and choottachi (orange chromide) are also present.

The  has benefited the human kind for ages. From 3000 BC, foreigners like Assyrians and Babylonians were drawn to the state for the variety of spices available here. Kerala has exported pepper, cardamom, lavender, ginger, garlic and teak, bamboo (called poor man’s timber) and ivory products for a long time and still continues to do so. In Kerala forests, we find more than 900 species of highly sought medicinal plants. Kani tribe, a nomadic tribe now settled in Thiruvananthapuram district, revealed the anti-fatigue properties of Arogyapacha plant to the world. Since they pass their knowledge orally through generations, the tribal medicinal system is now being rigourously explored and documented by the state government.

Kerala forests are an excellent source of non-timber forest produce (NTFP), the collection of which provide livelihoods to the local people and are sourced by even big multinational companies. More than 500 species of NTFP are available in Kerala forests and provide edible products, toiletries, tans, dyes, gums, resins, grasses and animal products. Due to the high biodiversity, the state has emerged as one of the highly acclaimed ecotourism destinations in the world. The Western Ghats, with its typical forest ecosystem and natural advantages and the excellent tourism infrastructure in the state have attracted large number of tourists. People come to Kerala for ayurvedic and herbal treatment also. Major wildlife sanctuaries ans national parks located here are Periyar, Idukki, Silent Valley, Parambikkulam, Wayanad, Peppara, Iravikulam and Thattekkad Bird Sanctuary.

However, a cause of concern is that the ecosystem in Kerala is very fragile and many natural and man-made causes pose a great threat to its biodiversity. 159 species of flowering plants are threatened and same is the case with hundreds of animal species. The major man made causes include collection of firewood, illicit felling of trees, cattle grazing, encroachments (Kerala is the most land hungry state in India and has the lowest per capita land holding), poaching, illegal sand mining (leading to land sliding and lowering of water table), unscientific collection of NTFP and mass tourism and pilgrimage undertaken in the forest areas. Forest fire is the biggest natural hazard.

The state has taken a number of steps to retain its rich biodiversity. The first step was taken by the erstwhile state of Travancore which declared forests around Periyar Lake as Nellikkampatty Game Reserve. The Kerala Forest Act, 1961 was passed which was an important step in conservation efforts. Wildlife sanctuaries and national parks were opened and initiatives like Project Elephant were undertaken. A Forest Central Library has been opened at Thiruvananthapuram where books and journals on various subjects, research reports, census reports and multimedia clips and movies are available.

The biodiversity of the state of Kerala has immensely benefited the humanity and to conserve it in a sustainable manner for future generations is the best way to pay for the treasures it has bestowed on mankind.

Anubhav Srivastava is a public policy consultant based in Delhi, India and the Editorial Head of PolicyProposalsForIndia.com, a website providing concrete policy suggestions on areas like <a rel="nofollow" target="_blank" href="”Social”>http://www.policyproposalsforindia.com””>Social Issues India, public administration, economy, social development and Biodiversity in Kerala.

Article Source:http://www.articlesbase.com/environment-articles/biodiversity-in-kerala-1306871.html

Posted by GreenPowerGuy on October 6th, 2009

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Climate Change and the Developing World

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Climate Change Bill

Last year, 27th November 2008, saw the passing of the Climate Change Bill in the UK which aimed to see significant cuts in the UK CO2 emissions in order to tackle climate change. There were three main points in this bill. Firstly to reduce emissions by 80% by 2050, this is the level that scientists believe is required if we are to see a turn in the tide of the current climate change. Secondly the bill included changes that mean that international aviation and shipping – that fastest growing source of emissions – emissions are now included in the targets. Finally, the bill also laid out that there be annual budgets for spending on carbon in order that the emission cuts could be more measurable and kept on top of.

Climate effects on the poor

Climate change is something that is talked about mostly in the context of the developed world. This is because most of the contribution and consequently, the ability to reduce, climate change is from the western world. However, the other side to the story is that it is the developing world that, despite contributing very little, is bearing the brunt of climate change.

The main reasons for this unbalanced impact are because people living in poorer areas of the world are more likely to live in fragile housing, to rely on agriculture for a lot of their income and have no back up of insurance or savings in the event of disaster. All of these factors make them very susceptible to changes in climate.

Every year, 150,000 people die from health-related effects of climate change. For example, crops can be ruined by drought or flooding from heavy rain or rising sea levels and this can mean significant food shortages which means loss of livelihood and malnutrition. This often leads to people being forced to leave their homes in order to find food and shelter elsewhere; by 2050 there will be an estimated 150 million refugees due to this.

A further significant effect is that the spreading of floodwater and changing weather mean that malaria carrying mosquitoes are spreading to highland areas that were previously unpopulated by them. Malaria is one of the biggest causes of death in the developing world especially in children, with much of the control of disease being focused on elimination of the vector mosquitoes. This spread caused by climate change is undoing much of this.

Gordon Brown, Prime Minister in the UK, said in June, that $100 billion needed to be contributed to poorer nations by developed countries in order to help them cope with climate change. As of yet, it is unclear exactly where this money will come from.

Copenhagen, December 2009

UN climate talks are scheduled to take place in Copenhagen this December as part of the process of ensuring that countries are all involved in sticking to aims of keeping the rise in temperature to 2 degrees above their pre-industrial levels. Current worries leading up to these talks are that mistrust between rich and poor countries, and the distraction of the recession might prevent any effective discussions. Countries including China and India are arguing that their emissions per capita are much lower and so they are reluctant to move to reduce their emissions.

Ed Miliband, the Energy and Climate Change Secretary, has said that it is important that the developing countries also partake in the reduction of emissions because although their contribution is currently significantly less, 90% of the growth in emissions is coming from them. This means it is more important that they show that they will slow the growth of the emissions rather than actually reduce them at this stage.

The World Bank

Unfortunately, a controversial contribution of the World Bank to developing countries has just been uncovered. The World Bank, who is funded by developed countries including the UK, has a goal of reducing poverty and is spending billions of pounds helping developing countries to build new coal-fired power stations. The World Bank has made several statements regarding it’s stance in trying to reduce emissions and protecting the developing world who are worst effected by climate change. Critics say that by giving this money to build new power stations they are not acting in the long term interests of the poor and that this money should instead be given to supporting renewable energy.

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Article Source:http://www.articlesbase.com/environment-articles/climate-change-and-the-developing-world-1266626.html

Posted by GreenPowerGuy on September 25th, 2009

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Green Jobs/Any Jobs

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Since I have been advertising on the net I have noticed one thing, the majority of the marketeers are handling too many e-books.

This country was built on manufacturing. Products were made and sold and worked. These products made money for the manufactures and put people to work. New technologies developed new products and opened up more manufacturing and created more jobs.

Then thru mistakes made by the government and business themselves our manufacturing and jobs declined. Today we have very little manufacturing and mostly are service oriented. Lately our service has been given to India, Indonesia, Maylasia, and elseware. We are fast becoming a third world nation.

So, how do you and I turn this bad situation around. There really is only one way. As a marketeer you have to handle as many lines that produce real usable products as e-info books. I have six (6) lines that I market 3 are actual products and 3 are e-info type books. We all need to start pushing products rather than paper. One thing that marketeers can do is to help me push the greenpowergas additive. First it works, second we are putting Americans back to work. So join me in creating jobs for American Workers and putting a lot of money in your pocket. Send me a message at greenpowergas on twitter and I will explaing the entire program to you. Everyone have the best evening that you can.

Sincerely,

Larry Van Leuven

Posted by GreenPowerGuy on September 21st, 2009

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