Environmental Management and Planning

Admin | Second year, Semester4

Environmental protection and fundamental rights

  • Environmental Protection
  • Environmental protection is a practice of protecting the natural environment on individual, organisational or governmental levels, for the benefit of both the natural environment and humans.
  • Due to the pressures of population and technology, the biophysical environment is being degraded, sometimes permanently. This has been recognised, and governments have begun placing restraints on activities that cause environmental degradation.
  • Since the 1960s, activity of environmental movements has created awareness of the various environmental issues.
  • There is no agreement on the extent of the environmental impact of human activity, and protection measures are occasionally criticised.
  • Academic institutions now offer courses, such as environmental studies , environmental management and environmental engineering , that teach the history and methods of environment protection. Protection of the environment is needed due to various human activities.

  • Environmental protection is influenced by three interwoven factors: environmental legislation, ethics and education.
  • Each of these factors plays its part in influencing national-level environmental decisions and personal-level environmental values and behaviors.
  • For environmental protection to become a reality, it is important for societies to develop each of these areas that, together, will inform and drive environmental decisions.

  • Environmental Protection Act, 1986
  • 1. Environment Protection Act, 1986 is an Act of the Parliament of India.
  • 2. In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986 under Article 253 of the Constitution.
  • 3. Passed in March 1986, it came into force on 19 November 1986.
  • 4. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environments they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property.
  • 5. The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.

  • Causes of environmental degradation

  • 1. Land Disturbance: A more basic cause of environmental degradation is land damage. Numerous weedy plant species, for example, garlic mustard, are both foreign and obtrusive. A rupture in the environmental surroundings provides for them a chance to start growing and spreading. These plants can assume control over nature, eliminating the local greenery. The result is territory with a solitary predominant plant which doesn’t give satisfactory food assets to all the environmental life. Whole environments can be destroyed because of these invasive species.
  • 2. Pollution: Pollution, in whatever form, whether it is air, water, land or noise is harmful for the environment. Air pollution pollutes the air that we breathe which causes health issues. Water pollution degrades the quality of water that we use for drinking purposes. Land pollution results in degradation of earth’s surface as a result of human activities. Noise pollution can cause irreparable damage to our ears when exposed to continuous large sounds like honking of vehicles on a busy road or machines producing large noise in a factory or a mill.
  • 3. Overpopulation: Rapid population growth puts strain on natural resources which results in degradation of our environment. Mortality rate has gone down due to better medical facilities which has resulted in increased lifespan. More population simple means more demand for food, clothes and shelter. You need more space to grow food and provide homes to millions of people. This results in deforestation which is another factor of environmental degradation.
  • 4. Landfills: Landfills pollute the environment and destroy the beauty of the city. Landfills come within the city due the large amount of waste that gets generated by households, industries, factories and hospitals. Landfills pose a great risk to the health of the environment and the people who live there. Landfills produce foul smell when burned and cause huge environmental degradation.
  • 5. Deforestation: Deforestation is the cutting down of trees to make way for more homes and industries. Rapid growth in population and urban sprawl are two of the major causes of deforestation. Apart from that, use of forest land for agriculture, animal grazing, harvest for fuel wood and logging are some of the other causes of deforestation. Deforestation contributes to global warming as decreased forest size puts carbon back into the environment.
  • 6: Natural Causes: Things like avalanches, quakes, tidal waves, storms, and wildfires can totally crush nearby animal and plant groups to the point where they can no longer survive in those areas. This can either come to fruition through physical demolition as the result of a specific disaster, or by the long term degradation of assets by the presentation of an obtrusive foreign species to the environment. The latter frequently happens after tidal waves, when reptiles and bugs are washed ashore.

  • Of course, humans aren’t totally to blame for this whole thing. Earth itself causes ecological issues, as well. While environmental degradation is most normally connected with the things that people do, the truth of the matter is that the environment is always changing.

  • How is Environment defined under Indian Law?

  • According to Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’ includes a) Water, air and land b) The inter-relationship which exists among and between:
  • i. water, air, land, and;
  • ii. human beings, other living creatures, plants, microorganisms and property

  • National Environment Protection Measures(NEPMs)
  • NEPMs are a special set of national objectives designed to assist in protecting or managing particular aspects of the environment. They are:
  • a) ambient air quality;
  • b) ambient marine, estuarine and fresh water quality;
  • c) the protection of amenity in relation to noise;
  • d) general guidelines for the assessment of site contamination;
  • e) environmental impacts associated with hazardous wastes;
  • f) the re-use and recycling of used materials.

  • What is fundamental right of the environment? 

  • 1. The environment is considered as a third generation fundamental right, also known as a “solidarity right”. This category of rights is complementing the civil and political rights of the first generation, and also the economic and social rights of the second generation.
  • 2. The Fundamental Rights is defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.
  • 3. The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.
  • 4. The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, concern individuals and the nation. Like the Directive Principles, they are not legally enforceable.

  • Environment protection Acts in the Indian constitution

  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Environment (Protection) Act, 1986
  • Hazardous Wastes (Management and Handling) Rules, 1989
  • Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
  • The Forest (Conservation) Act, 1980
  • The Wildlife Protection Act, 1972
  • The Wildlife (Stock Declaration) Central Rules, 1973
  • The Public Liability Insurance Act, 1991
  • The National Environment Tribunal Act, 1995
  • The National Environment Appellate Authority Act, 1997

  • Provisions in the Indian Penal Code for Environment Protection

  • The Indian Penal Code has a chapter on offences affecting Public Health, Safety, Convenience (Chapter XIV). Sec. 268 provides that “a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.”
  • Other concerned provisions are:
  • a “negligent act likely to spread infection or disease dangerous to life” (Sec. 269 IPC.),
  • a “malignant act likely to spread infection or disease dangerous to life” (Sec. 270 IPC.),
  • “making atmosphere noxious to health” (Sec. 278 IPC.).
  • In case of public nuisance, the Penal Code provides for fines up to Rs. 200/- by way of punishment (Sec. 290 IPC.) and for making the atmosphere noxious to health Rs. 500/- only (Sec.78 IPC.).
  • The punishments are too meager to meet the objectives. With these penal provisions, it is not possible to check environmental pollution.

  • The Constitutional Rights to a Healthy Environment
  • Do people have a right to clean air, safe drinking water, and a healthy environment? Today it is widely recognized in international law and endorsed by an overwhelming proportion of countries. Every human has a right to live in a clean and healthy environment. This is a general right which is inalienable. Many constitutions all over the world have guaranteed a healthy environment and they also take appropriate measures to prevent any kind of environmental harm so as to maintain a healthy environment. All the constitutions adopted since 1992 also recognize right to clean environment as open right. About 200 treaties are registered under the UN environmental program register.

  • Despite this progress there is an ongoing debate about the scope and potential utility of the right to a healthy environment. Supporters argue that the potential benefits of constitutional environmental rights include:
  • 1. Stronger environmental laws and policies
  • 2. Improved implementation and enforcement
  • 3. Greater citizen participation in environmental decision making
  • 4. Increased accountability
  • 5. Reduction in environmental injustices
  • 6. A level playing field with social and economic rights
  • 7. Better environmental performance

  • Critics on the other hand, argue that constitutional environmental rights are:
  • 1. Too vague to be useful
  • 2. Redundant because of existing human rights and environmental laws
  • 3. A threat to democracy because they shift power from elected legislators to judges
  • 4. Not enforceable
  • 5. Likely to cause a flood of litigation
  •  Likely to be ineffective Clean environment is important for health of humans. Every country must ensure that its citizen lives in a better and healthy environment. And it is also the duty of citizens to protected and preserve environment. Indian courts have recognized this right and the Constitution also protects this right.

Sustainable development

Sustainable development is a holistic approach aimed at fostering economic growth, social inclusion, and environmental protection in a balanced and integrated manner. It seeks to meet the needs of the present generation without compromising the ability of future generations to meet their own needs. This concept, popularised by the 1987 Brundtland Report titled "Our Common Future," emphasizes the interconnectedness of economic, social, and environmental dimensions.

Core Principles of Sustainable Development

  1. Integration of the Three Pillars

    • Economic Development: Ensures that economic growth leads to prosperity and opportunities for all, without depleting natural resources or harming the environment.
    • Social Inclusion: Promotes social equity, inclusiveness, and justice, ensuring that all people have access to basic needs and opportunities, such as education, healthcare, and employment.
    • Environmental Protection: Focuses on preserving natural ecosystems, reducing pollution, and mitigating climate change to protect the planet’s life-support systems.
  2. Intergenerational Equity

    • Emphasizes the need to manage resources in a way that future generations have the same opportunities to meet their needs as the current generation.
  3. Precautionary Principle

    • Advocates for proactive action to prevent environmental harm when there is uncertainty about the potential impacts of a decision or action.
  4. Inclusive Participation

    • Encourages the involvement of all stakeholders, including governments, businesses, civil society, and local communities, in decision-making processes related to sustainable development.
  5. Resilience and Adaptability

    • Promotes the ability of systems and communities to adapt to changes and recover from disturbances, such as natural disasters and economic shocks.

Goals and Frameworks

The United Nations' 2030 Agenda for Sustainable Development and its 17 Sustainable Development Goals (SDGs) provide a comprehensive framework for action. These goals address a wide range of issues, including poverty, hunger, health, education, gender equality, clean water and sanitation, affordable and clean energy, decent work, and economic growth, reduced inequalities, sustainable cities, responsible consumption and production, climate action, life below water, life on land, peace, justice, and strong institutions, and partnerships for the goals.

Key Areas of Sustainable Development

  1. Economic Sustainability

    • Promotes economic growth that is inclusive and equitable.
    • Encourages innovation, responsible investment, and sustainable business practices.
    • Supports fair trade, ethical labor practices, and sustainable tourism.
  2. Social Sustainability

    • Focuses on eradicating poverty and hunger.
    • Ensures access to quality education and healthcare.
    • Promotes gender equality and empowers women and girls.
    • Enhances social protection systems and supports marginalized communities.
  3. Environmental Sustainability

    • Protects ecosystems and biodiversity.
    • Manages natural resources responsibly to prevent depletion and degradation.
    • Reduces greenhouse gas emissions and promotes renewable energy.
    • Enhances waste management and promotes recycling and circular economy principles.

Challenges to Sustainable Development

  1. Climate Change

    • Mitigating the impacts of climate change requires significant reductions in greenhouse gas emissions and adaptation strategies to cope with its effects.
  2. Resource Depletion

    • Over-extraction of natural resources, such as fossil fuels, minerals, and water, threatens long-term sustainability.
  3. Social Inequality

    • Addressing disparities in wealth, opportunities, and access to resources is crucial for achieving social equity.
  4. Environmental Degradation

    • Pollution, deforestation, loss of biodiversity, and land degradation pose significant challenges to environmental sustainability.
  5. Governance and Policy

    • Effective governance and coherent policies are essential for integrating sustainable development principles into all levels of decision-making.

Strategies for Achieving Sustainable Development

  1. Policy and Governance

    • Implementing robust policies and regulations that promote sustainable practices and ensure compliance.
  2. Innovation and Technology

    • Investing in research and development of sustainable technologies and practices.
  3. Education and Awareness

    • Raising awareness and educating people about the importance of sustainable development and their role in achieving it.
  4. Public-Private Partnerships

    • Collaborating between governments, businesses, and civil society to leverage resources and expertise.
  5. Community Involvement

    • Engaging local communities in sustainable development initiatives to ensure their needs and perspectives are considered.

Sustainable development is a multi-faceted concept that requires a comprehensive and integrated approach to balance economic growth, social inclusion, and environmental protection. By adhering to the principles of sustainable development and actively working towards the SDGs, societies can achieve a more equitable, prosperous, and sustainable future for all.


Major environmental problem

Environmental problems pose serious threats to the sustainability of our planet and the well-being of its inhabitants. These problems are interconnected and often exacerbate one another, making comprehensive solutions essential.

1. Climate Change

Climate change refers to significant changes in global temperatures and weather patterns over time. While climate change is a natural phenomenon, scientific evidence shows that human activities, particularly the burning of fossil fuels (coal, oil, and natural gas), deforestation, and industrial processes, have accelerated its pace dramatically since the Industrial Revolution.

Causes

  • Emission of greenhouse gases (GHGs) such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O).
  • Deforestation, which reduces the number of trees that can absorb CO2.
  • Industrial activities that release large amounts of pollutants.

Impacts

  • Global Warming: Average global temperatures have increased, leading to more frequent and severe heatwaves.
  • Melting Ice Caps and Glaciers: This contributes to sea-level rise, which threatens coastal communities and ecosystems.
  • Extreme Weather Events: Increased frequency and intensity of hurricanes, droughts, floods, and wildfires.
  • Ecosystem Disruption: Changes in temperature and precipitation patterns affect the habitats and lifecycles of many species, leading to biodiversity loss.
  • Human Health Risks: Increased incidence of heat-related illnesses, vector-borne diseases, and food and water security challenges.

2. Air Pollution

Air pollution is the presence of harmful substances in the atmosphere, which can affect human health, the environment, and the climate. These pollutants can be in the form of gases, liquids, or solids.

Causes

  • Emissions from vehicles and industrial processes.
  • Burning of fossil fuels for energy.
  • Agricultural activities that release methane and ammonia.
  • Natural sources such as wildfires and volcanic eruptions.

Impacts

  • Human Health: Respiratory and cardiovascular diseases, lung cancer, and other serious health conditions.
  • Environmental Damage: Acid rain, which harms forests, lakes, and soil.
  • Climate Change: Some air pollutants, like black carbon, contribute to global warming.

3. Water Pollution

Water pollution occurs when harmful substances contaminate water bodies, making it unsafe for humans, animals, and plants. This can affect rivers, lakes, oceans, and groundwater.

Causes

  • Industrial discharge of pollutants.
  • Agricultural runoff carrying pesticides, fertilizers, and animal waste.
  • Sewage and wastewater discharge.
  • Oil spills and marine dumping.

Impacts

  • Aquatic Life: Toxic substances can kill aquatic organisms and disrupt ecosystems.
  • Human Health: Contaminated drinking water can cause diseases such as cholera, dysentery, and other waterborne illnesses.
  • Economic Impact: Affects industries like fishing and tourism, and increases water treatment costs.

4. Deforestation

Deforestation is the large-scale removal of forests, which are converted to non-forest uses such as agriculture, urban development, or mining.

Causes

  • Agricultural expansion (e.g., soy, palm oil, and cattle ranching).
  • Logging for timber and paper products.
  • Infrastructure development (e.g., roads, urbanization).

Impacts

  • Loss of Biodiversity: Forests are home to a majority of the world's terrestrial species.
  • Climate Change: Trees absorb CO2; their removal increases the amount of GHGs in the atmosphere.
  • Soil Erosion: Without tree roots to hold soil in place, erosion can occur, leading to loss of fertile land.

5. Loss of Biodiversity

Biodiversity refers to the variety of life on Earth, including species diversity, genetic diversity, and ecosystem diversity. The loss of biodiversity is a major environmental problem caused by human activities.

Causes

  • Habitat destruction due to deforestation, urbanization, and agriculture.
  • Pollution (air, water, soil).
  • Overexploitation of species (hunting, fishing).
  • Climate change and invasive species.

Impacts

  • Ecosystem Services: Loss of biodiversity affects ecosystem services such as pollination, water purification, and disease control.
  • Food Security: Many crops depend on pollinators, and the loss of species can threaten food production.
  • Cultural Impact: Many cultures have strong connections to local biodiversity.

6. Soil Degradation

Soil degradation is the decline in soil quality due to various factors, leading to reduced agricultural productivity and ecosystem health.

Causes

  • Deforestation and removal of vegetation cover.
  • Overgrazing by livestock.
  • Unsustainable agricultural practices.
  • Industrial activities and pollution.

Impacts

  • Reduced Fertility: Degraded soils have lower nutrient content, affecting crop yields.
  • Erosion: Loss of topsoil reduces the land's ability to retain water and support plant life.
  • Desertification: Severe soil degradation can lead to desertification, where fertile land becomes desert.

7. Overpopulation

Overpopulation refers to a situation where the number of people exceeds the carrying capacity of the environment, leading to excessive consumption of resources and increased waste generation.

Causes

  • High birth rates and declining mortality rates.
  • Migration and urbanization.

Impacts

  • Resource Depletion: Increased demand for resources such as water, food, and energy.
  • Environmental Degradation: More waste generation, pollution, and habitat destruction.
  • Social Issues: Overcrowding, poverty, and strain on infrastructure and services.

8. Ocean Acidification

Ocean acidification is the ongoing decrease in the pH of the Earth's oceans, caused by the uptake of CO2 from the atmosphere.

Causes

  • Increased CO2 emissions from human activities such as burning fossil fuels.

Impacts

  • Marine Life: Acidification affects calcifying organisms like corals, mollusks, and some plankton, disrupting marine ecosystems.
  • Fisheries: Changes in marine ecosystems can affect fish populations, impacting food security and livelihoods.
  • Carbon Cycling: Acidification can alter the ocean’s ability to absorb CO2, exacerbating climate change.

Addressing these major environmental problems requires coordinated global efforts, integrating science, policy, and community action. Sustainable practices, technological innovations, and international cooperation are essential to mitigate these issues and ensure a healthy and resilient planet for future generations.


Environmental resources

Environmental resources are natural assets that provide various goods and services essential for human survival, economic activities, and ecological balance. These resources are categorised into renewable and non-renewable resources, each with distinct characteristics and implications for sustainable management.

Types of Environmental Resources

  1. Renewable Resources

    • Definition: Resources that can be replenished naturally over short periods.
    • Examples: Solar energy, wind energy, water, forests, and biomass.
    • Characteristics: These resources are sustainable if managed properly, as they can regenerate or renew themselves.
  2. Non-renewable Resources

    • Definition: Resources that exist in finite quantities and cannot be replaced on a human timescale.
    • Examples: Fossil fuels (coal, oil, natural gas), minerals, and metals.
    • Characteristics: These resources are exhaustible and their extraction and use lead to depletion.

Categories of Environmental Resources

  1. Water Resources

    • Importance: Essential for drinking, agriculture, industry, and maintaining ecosystems.
    • Challenges: Pollution, overuse, and climate change impacts like droughts and altered precipitation patterns.
    • Sustainable Management: Implementing water conservation practices, efficient irrigation methods, and protecting watersheds and aquifers.
  2. Air Resources

    • Importance: Vital for life, as it provides oxygen and other gases necessary for breathing and various industrial processes.
    • Challenges: Air pollution from vehicles, industries, and natural sources (wildfires, volcanic eruptions).
    • Sustainable Management: Reducing emissions through clean energy technologies, stricter air quality regulations, and promoting public transportation.
  3. Soil Resources

    • Importance: Fundamental for agriculture, supporting plant growth, and acting as a medium for nutrient cycles.
    • Challenges: Soil erosion, contamination, degradation from overuse, and deforestation.
    • Sustainable Management: Practices like crop rotation, conservation tillage, organic farming, and reforestation.
  4. Forest Resources

    • Importance: Provide timber, fuelwood, non-timber products (fruits, resins), and ecosystem services (carbon sequestration, habitat for biodiversity).
    • Challenges: Deforestation, illegal logging, and forest degradation.
    • Sustainable Management: Implementing sustainable forestry practices, protecting old-growth forests, and reforestation initiatives.
  5. Mineral Resources

    • Importance: Crucial for manufacturing, construction, and technology (metals, minerals).
    • Challenges: Depletion, environmental degradation from mining activities, and geopolitical conflicts over resource control.
    • Sustainable Management: Efficient extraction technologies, recycling and reusing materials, and minimizing environmental impacts of mining.
  6. Biodiversity Resources

    • Importance: Biodiversity ensures ecosystem resilience, provides genetic resources for food, medicine, and supports ecological services like pollination and nutrient cycling.
    • Challenges: Habitat destruction, climate change, pollution, and overexploitation.
    • Sustainable Management: Conserving habitats, protecting endangered species, and promoting sustainable use of biodiversity.

Human Impact on Environmental Resources

  1. Overexploitation

    • Overuse of resources leads to depletion and degradation. Examples include overfishing, excessive groundwater extraction, and deforestation.
  2. Pollution

    • Contaminants from industrial, agricultural, and urban activities degrade air, water, and soil quality, affecting ecosystems and human health.
  3. Climate Change

    • Human activities, particularly the burning of fossil fuels, contribute to global warming and climate change, impacting all environmental resources through altered weather patterns, sea-level rise, and increased frequency of extreme events.
  4. Land Use Changes

    • Urbanization, agriculture, and infrastructure development transform natural landscapes, reducing habitats and altering natural resource availability.

Sustainable Management of Environmental Resources

  1. Integrated Resource Management

    • Coordinated approach to managing water, land, and biological resources, balancing social, economic, and environmental objectives.
  2. Conservation Practices

    • Protecting natural habitats, implementing conservation tillage in agriculture, and establishing protected areas and wildlife reserves.
  3. Renewable Energy Transition

    • Shifting from fossil fuels to renewable energy sources like solar, wind, and hydroelectric power to reduce environmental impacts.
  4. Pollution Control Measures

    • Adopting technologies and policies to reduce emissions, manage waste, and prevent contamination of air, water, and soil.
  5. Sustainable Agriculture

    • Practices such as organic farming, agroforestry, and precision agriculture to enhance productivity while maintaining soil health and biodiversity.
  6. Community Involvement

    • Engaging local communities in resource management decisions, ensuring that indigenous knowledge and stakeholder perspectives are included.

Environmental resources are vital for human survival, economic development, and maintaining ecological balance. Sustainable management practices are essential to conserve these resources, ensure their availability for future generations, and mitigate human impacts. A comprehensive, integrated approach that includes technological innovation, policy measures, and community participation is key to achieving long-term sustainability of environmental resources.

Environmental conflicts

Environmental conflicts arise when there are competing interests over the use, management, and conservation of natural resources. These conflicts often involve various stakeholders, including governments, corporations, local communities, and environmental groups, each with different priorities and perspectives. Understanding these conflicts is essential for effective environmental management.

Types of Environmental Conflicts

  1. Resource Extraction Conflicts

    • Description: Disputes over the extraction of natural resources such as minerals, oil, gas, and timber.
    • Stakeholders: Governments, multinational corporations, local communities, indigenous groups, and environmental NGOs.
    • Examples: Conflicts over mining operations in indigenous territories, deforestation for logging or agriculture, and oil drilling in ecologically sensitive areas.
  2. Land Use Conflicts

    • Description: Clashes over land allocation and usage for agriculture, urban development, conservation, or tourism.
    • Stakeholders: Farmers, developers, conservationists, local communities, and tourists.
    • Examples: Disputes over land conversion for agriculture versus forest conservation, urban sprawl encroaching on natural habitats, and tourism development impacting local ecosystems.
  3. Water Resource Conflicts

    • Description: Competition over access to and control of water resources for drinking, agriculture, industry, and hydropower.
    • Stakeholders: Municipalities, agricultural users, industrial sectors, local communities, and environmentalists.
    • Examples: Conflicts over dam construction affecting downstream communities and ecosystems, over-extraction of groundwater leading to depletion and contamination, and pollution of water bodies affecting human health and biodiversity.
  4. Biodiversity Conservation Conflicts

    • Description: Tensions between conservation efforts and the needs of local communities or economic development.
    • Stakeholders: Conservation organizations, local communities, government agencies, and businesses.
    • Examples: Protected area designations restricting local access to resources, human-wildlife conflicts where wildlife threatens local livelihoods, and development projects in biodiversity-rich areas.
  5. Climate Change and Energy Conflicts

    • Description: Disputes over policies and projects related to climate change mitigation and energy production.
    • Stakeholders: Governments, fossil fuel companies, renewable energy advocates, local communities, and environmental activists.
    • Examples: Opposition to fossil fuel projects like pipelines and fracking, conflicts over land use for renewable energy projects like wind farms and solar parks, and disagreements on climate policies and carbon emissions reductions.

Causes of Environmental Conflicts

  1. Resource Scarcity

    • Limited availability of natural resources leads to competition and conflicts over access and control.
  2. Economic Interests

    • Differing economic priorities and the pursuit of profit can drive conflicts, particularly when environmental considerations are perceived as hindering economic growth.
  3. Cultural and Social Values

    • Diverse cultural, spiritual, and social values associated with natural resources can lead to conflicts, especially when these values are not recognized or respected in decision-making processes.
  4. Inequitable Resource Distribution

    • Unequal distribution of resources and benefits can exacerbate tensions, particularly when certain groups feel marginalized or disadvantaged.
  5. Environmental Degradation

    • Pollution, habitat destruction, and other forms of environmental degradation can lead to conflicts as affected communities and stakeholders seek to protect their health, livelihoods, and ecosystems.

Approaches to Managing Environmental Conflicts

  1. Stakeholder Engagement

    • Description: Involving all relevant stakeholders in decision-making processes to ensure their interests and concerns are considered.
    • Methods: Public consultations, participatory planning, and community involvement initiatives.
  2. Mediation and Conflict Resolution

    • Description: Using neutral mediators to facilitate dialogue and negotiate solutions between conflicting parties.
    • Methods: Mediation, arbitration, and negotiation techniques to reach mutually acceptable agreements.
  3. Integrated Resource Management

    • Description: Coordinating the management of natural resources across different sectors and scales to balance ecological, economic, and social objectives.
    • Methods: Ecosystem-based management, watershed management, and land-use planning.
  4. Legal and Policy Frameworks

    • Description: Establishing and enforcing laws, regulations, and policies that promote sustainable resource use and protect environmental rights.
    • Methods: Environmental impact assessments (EIAs), protected area legislation, and community resource management laws.
  5. Economic Incentives

    • Description: Using market-based instruments to align economic activities with environmental sustainability goals.
    • Methods: Payments for ecosystem services (PES), subsidies for sustainable practices, and carbon trading schemes.
  6. Education and Awareness

    • Description: Raising awareness and educating stakeholders about environmental issues and sustainable practices to foster understanding and cooperation.
    • Methods: Public awareness campaigns, environmental education programs, and capacity-building workshops.
  7. Technological and Innovative Solutions

    • Description: Employing new technologies and innovative practices to address environmental challenges and reduce conflicts.
    • Methods: Clean energy technologies, sustainable agriculture techniques, and pollution control innovations.

Case Studies of Environmental Conflicts

  1. Amazon Rainforest Deforestation

    • Conflict: Indigenous communities, environmentalists, and governments clash over logging, mining, and agricultural expansion in the Amazon.
    • Resolution Efforts: Legal protection of indigenous territories, sustainable forestry initiatives, and international pressure to curb deforestation.
  2. Dakota Access Pipeline (DAPL)

    • Conflict: Native American tribes, particularly the Standing Rock Sioux, opposed the construction of the pipeline due to concerns over water contamination and destruction of sacred sites.
    • Resolution Efforts: Legal battles, protests, and negotiations to reroute the pipeline and improve safety measures.
  3. Aral Sea Crisis

    • Conflict: Over-extraction of water from the rivers feeding the Aral Sea for agricultural purposes led to severe shrinkage and ecological disaster.
    • Resolution Efforts: International cooperation to restore water flow, sustainable water management practices, and economic diversification for affected communities.

Environmental conflicts are complex and multifaceted, involving a diverse array of stakeholders with varying interests and priorities. Effective environmental management requires a comprehensive approach that integrates stakeholder engagement, legal frameworks, economic incentives, and technological innovations. By addressing the underlying causes of conflicts and fostering collaborative solutions, it is possible to achieve sustainable and equitable outcomes for both people and the environment.

Environmental law: Stockholm conference, The Earth Summit, The Earth summit Agreements

1. Stockholm Conference (1972)

Overview: The United Nations Conference on the Human Environment, commonly known as the Stockholm Conference, was held in Stockholm, Sweden, from June 5-16, 1972. It was the first major international gathering focused on environmental issues, marking the beginning of global environmental governance.

Objectives

  • To address global environmental challenges and promote international cooperation.
  • To create a common outlook and principles for the preservation and enhancement of the human environment.

Key Outcomes

  1. Stockholm Declaration

    • A set of 26 principles designed to guide international environmental policy and national action. These principles emphasize the sovereign right of countries to exploit their resources and the responsibility to avoid causing environmental damage to other states.
    • Principles also highlight the importance of environmental protection, sustainable development, and the need for international cooperation.
  2. Action Plan for the Human Environment

    • Comprising 109 recommendations for international action to address environmental issues such as pollution, natural resource management, and environmental education.
  3. Creation of the United Nations Environment Programme (UNEP)

    • UNEP was established to coordinate global environmental activities and assist countries in implementing environmentally sound policies.

2. The Earth Summit (1992)

Overview The United Nations Conference on Environment and Development (UNCED), known as the Earth Summit, was held in Rio de Janeiro, Brazil, from June 3-14, 1992. It was a landmark event, bringing together leaders from 172 countries and addressing the interdependent relationship between environmental protection and sustainable development.

Objectives

  • To build upon the foundation laid by the Stockholm Conference and address emerging global environmental issues.
  • To develop strategies for achieving sustainable development worldwide.

Key Outcomes

  1. Rio Declaration on Environment and Development

    • A set of 27 principles that reaffirmed and expanded upon the principles of the Stockholm Declaration.
    • Emphasized sustainable development, the precautionary principle, and the polluter-pays principle.
  2. Agenda 21

    • A comprehensive action plan outlining specific steps to promote sustainable development.
    • Covers social and economic dimensions, conservation and management of resources, strengthening the role of major groups, and means of implementation.
  3. Establishment of the Commission on Sustainable Development (CSD)

    • Created to ensure effective follow-up of the Earth Summit and monitor the implementation of Agenda 21.

3. The Earth Summit Agreements

The Earth Summit led to the adoption of several significant international agreements, focusing on various aspects of environmental protection and sustainable development:

  1. United Nations Framework Convention on Climate Change (UNFCCC)

    • Objective: To stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
    • Key Features: Establishes a framework for negotiating specific protocols and sets binding targets for reducing greenhouse gas emissions.
    • Outcome: Led to the Kyoto Protocol (1997) and the Paris Agreement (2015).
  2. Convention on Biological Diversity (CBD)

    • Objective: To conserve biological diversity, promote sustainable use of its components, and ensure the fair and equitable sharing of benefits arising from genetic resources.
    • Key Features: Requires countries to develop national strategies for the conservation and sustainable use of biological diversity.
    • Outcome: Led to the Cartagena Protocol on Biosafety (2000) and the Nagoya Protocol (2010).
  3. United Nations Convention to Combat Desertification (UNCCD)

    • Objective: To combat desertification and mitigate the effects of drought through national action programs that incorporate long-term strategies supported by international cooperation and partnership arrangements.
    • Key Features: Focuses on sustainable land management and addressing the socio-economic impacts of desertification.

The Stockholm Conference and the Earth Summit were pivotal events in the history of international environmental law and governance. The principles and frameworks established during these conferences laid the groundwork for subsequent global environmental agreements and actions. They highlighted the importance of integrating environmental considerations into development policies and underscored the need for international cooperation to address the complex and interconnected challenges of environmental protection and sustainable development. The agreements resulting from these conferences continue to shape global environmental policy and drive efforts towards a more sustainable future.

Environmental protection and fundamental rights

  • Environmental Protection
  • Environmental protection is a practice of protecting the natural environment on individual, organisational or governmental levels, for the benefit of both the natural environment and humans.
  • Due to the pressures of population and technology, the biophysical environment is being degraded, sometimes permanently. This has been recognised, and governments have begun placing restraints on activities that cause environmental degradation.
  • Since the 1960s, activity of environmental movements has created awareness of the various environmental issues.
  • There is no agreement on the extent of the environmental impact of human activity, and protection measures are occasionally criticised.
  • Academic institutions now offer courses, such as environmental studies , environmental management and environmental engineering , that teach the history and methods of environment protection. Protection of the environment is needed due to various human activities.

  • Environmental protection is influenced by three interwoven factors: environmental legislation, ethics and education.
  • Each of these factors plays its part in influencing national-level environmental decisions and personal-level environmental values and behaviors.
  • For environmental protection to become a reality, it is important for societies to develop each of these areas that, together, will inform and drive environmental decisions.

  • Environmental Protection Act, 1986
  • 1. Environment Protection Act, 1986 is an Act of the Parliament of India.
  • 2. In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986 under Article 253 of the Constitution.
  • 3. Passed in March 1986, it came into force on 19 November 1986.
  • 4. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environments they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property.
  • 5. The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.

  • Causes of environmental degradation

  • 1. Land Disturbance: A more basic cause of environmental degradation is land damage. Numerous weedy plant species, for example, garlic mustard, are both foreign and obtrusive. A rupture in the environmental surroundings provides for them a chance to start growing and spreading. These plants can assume control over nature, eliminating the local greenery. The result is territory with a solitary predominant plant which doesn’t give satisfactory food assets to all the environmental life. Whole environments can be destroyed because of these invasive species.
  • 2. Pollution: Pollution, in whatever form, whether it is air, water, land or noise is harmful for the environment. Air pollution pollutes the air that we breathe which causes health issues. Water pollution degrades the quality of water that we use for drinking purposes. Land pollution results in degradation of earth’s surface as a result of human activities. Noise pollution can cause irreparable damage to our ears when exposed to continuous large sounds like honking of vehicles on a busy road or machines producing large noise in a factory or a mill.
  • 3. Overpopulation: Rapid population growth puts strain on natural resources which results in degradation of our environment. Mortality rate has gone down due to better medical facilities which has resulted in increased lifespan. More population simple means more demand for food, clothes and shelter. You need more space to grow food and provide homes to millions of people. This results in deforestation which is another factor of environmental degradation.
  • 4. Landfills: Landfills pollute the environment and destroy the beauty of the city. Landfills come within the city due the large amount of waste that gets generated by households, industries, factories and hospitals. Landfills pose a great risk to the health of the environment and the people who live there. Landfills produce foul smell when burned and cause huge environmental degradation.
  • 5. Deforestation: Deforestation is the cutting down of trees to make way for more homes and industries. Rapid growth in population and urban sprawl are two of the major causes of deforestation. Apart from that, use of forest land for agriculture, animal grazing, harvest for fuel wood and logging are some of the other causes of deforestation. Deforestation contributes to global warming as decreased forest size puts carbon back into the environment.
  • 6: Natural Causes: Things like avalanches, quakes, tidal waves, storms, and wildfires can totally crush nearby animal and plant groups to the point where they can no longer survive in those areas. This can either come to fruition through physical demolition as the result of a specific disaster, or by the long term degradation of assets by the presentation of an obtrusive foreign species to the environment. The latter frequently happens after tidal waves, when reptiles and bugs are washed ashore.

  • Of course, humans aren’t totally to blame for this whole thing. Earth itself causes ecological issues, as well. While environmental degradation is most normally connected with the things that people do, the truth of the matter is that the environment is always changing.

  • How is Environment defined under Indian Law?

  • According to Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’ includes a) Water, air and land b) The inter-relationship which exists among and between:
  • i. water, air, land, and;
  • ii. human beings, other living creatures, plants, microorganisms and property

  • National Environment Protection Measures(NEPMs)
  • NEPMs are a special set of national objectives designed to assist in protecting or managing particular aspects of the environment. They are:
  • a) ambient air quality;
  • b) ambient marine, estuarine and fresh water quality;
  • c) the protection of amenity in relation to noise;
  • d) general guidelines for the assessment of site contamination;
  • e) environmental impacts associated with hazardous wastes;
  • f) the re-use and recycling of used materials.

  • What is fundamental right of the environment? 

  • 1. The environment is considered as a third generation fundamental right, also known as a “solidarity right”. This category of rights is complementing the civil and political rights of the first generation, and also the economic and social rights of the second generation.
  • 2. The Fundamental Rights is defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.
  • 3. The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.
  • 4. The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, concern individuals and the nation. Like the Directive Principles, they are not legally enforceable.

  • Environment protection Acts in the Indian constitution

  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Environment (Protection) Act, 1986
  • Hazardous Wastes (Management and Handling) Rules, 1989
  • Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
  • The Forest (Conservation) Act, 1980
  • The Wildlife Protection Act, 1972
  • The Wildlife (Stock Declaration) Central Rules, 1973
  • The Public Liability Insurance Act, 1991
  • The National Environment Tribunal Act, 1995
  • The National Environment Appellate Authority Act, 1997

  • Provisions in the Indian Penal Code for Environment Protection

  • The Indian Penal Code has a chapter on offences affecting Public Health, Safety, Convenience (Chapter XIV). Sec. 268 provides that “a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.”
  • Other concerned provisions are:
  • a “negligent act likely to spread infection or disease dangerous to life” (Sec. 269 IPC.),
  • a “malignant act likely to spread infection or disease dangerous to life” (Sec. 270 IPC.),
  • “making atmosphere noxious to health” (Sec. 278 IPC.).
  • In case of public nuisance, the Penal Code provides for fines up to Rs. 200/- by way of punishment (Sec. 290 IPC.) and for making the atmosphere noxious to health Rs. 500/- only (Sec.78 IPC.).
  • The punishments are too meager to meet the objectives. With these penal provisions, it is not possible to check environmental pollution.

  • The Constitutional Rights to a Healthy Environment
  • Do people have a right to clean air, safe drinking water, and a healthy environment? Today it is widely recognized in international law and endorsed by an overwhelming proportion of countries. Every human has a right to live in a clean and healthy environment. This is a general right which is inalienable. Many constitutions all over the world have guaranteed a healthy environment and they also take appropriate measures to prevent any kind of environmental harm so as to maintain a healthy environment. All the constitutions adopted since 1992 also recognize right to clean environment as open right. About 200 treaties are registered under the UN environmental program register.

  • Despite this progress there is an ongoing debate about the scope and potential utility of the right to a healthy environment. Supporters argue that the potential benefits of constitutional environmental rights include:
  • 1. Stronger environmental laws and policies
  • 2. Improved implementation and enforcement
  • 3. Greater citizen participation in environmental decision making
  • 4. Increased accountability
  • 5. Reduction in environmental injustices
  • 6. A level playing field with social and economic rights
  • 7. Better environmental performance

  • Critics on the other hand, argue that constitutional environmental rights are:
  • 1. Too vague to be useful
  • 2. Redundant because of existing human rights and environmental laws
  • 3. A threat to democracy because they shift power from elected legislators to judges
  • 4. Not enforceable
  • 5. Likely to cause a flood of litigation
  •  Likely to be ineffective Clean environment is important for health of humans. Every country must ensure that its citizen lives in a better and healthy environment. And it is also the duty of citizens to protected and preserve environment. Indian courts have recognized this right and the Constitution also protects this right.

Public participation

Public participation is a cornerstone of democratic governance and environmental decision-making. It involves the active engagement of individuals, communities, and organisations in the processes that affect their lives and environments. Effective public participation ensures that diverse perspectives are considered, promotes transparency, and enhances the legitimacy and sustainability of decisions.

Public participation is a process, not a single event. 

                                                     

Forms of Public Participation

Public participation can take various forms, each suitable for different contexts and stages of decision-making:

  1. Information Sharing

    • Objective: To inform the public about decisions, policies, projects, or issues.
    • Methods: Public notices, information sessions, websites, newsletters, and social media.
  2. Consultation

    • Objective: To seek public input and feedback on specific issues or proposals.
    • Methods: Public hearings, surveys, focus groups, and written submissions.
  3. Involvement

    • Objective: To work directly with the public throughout the process to ensure that their concerns and aspirations are consistently understood and considered.
    • Methods: Workshops, advisory committees, and participatory planning sessions.
  4. Collaboration

    • Objective: To partner with the public in each aspect of the decision, including the development of alternatives and identification of the preferred solution.
    • Methods: Joint decision-making bodies, community advisory panels, and co-management arrangements.
  5. Empowerment

    • Objective: To place final decision-making in the hands of the public or local communities.
    • Methods: Community-driven projects, participatory budgeting, and citizen juries.

                      

The section of this guide titled Selecting the Right Level of Public Participation discusses the different forms that public participation might take depending on the potential for public influence on a decision. These forms include:

  • informing the public by providing information to help them understand the issues, options, and solutions;
  • consulting with the public to obtain their feedback on alternatives or decisions;
  • involving the public to ensure their concerns are considered throughout the decision process, particularly in the development of decision criteria and options;
  • collaborating with the public to develop decision criteria and alternatives and identify the preferred solution;
  • empowering the public by placing final decision-making authority in their hands.


When done in a meaningful way, public participation will result in two significant benefits:
 
  • Sponsor agencies will make better and more easily implementable decisions that reflect public interests and values and are better understood by the public.
  • Communities develop long-term capacity to solve and manage challenging social issues, often overcoming longstanding differences and misunderstandings. 
Successful public participation requires the following conditions:
 
  • Clear purpose and goals – a well-defined purpose for the public’s role in the project that is real, practical, and shared among stakeholders. Sponsoring agencies must determine the appropriate level or degree of public participation for the decision at hand and set the public’s expectations accordingly. No one benefits when agencies promise more in the way of public participation than they are willing to commit to and deliver. In fact, making promises that cannot be kept will undermine public confidence in the public participation process
  • Clear structure and process – well-defined rules about how public participation will be conducted and how the decision will be made.
  • Actual opportunity for influence – the real opportunity for public input to be considered in making the decision.
  • Commitment to the process – managers and staff alike must be committed to the full range of activities required to make public participation work and be willing to obtain and consider public input in making the decision.
  • Inclusive and effective representation – reaching out to representatives of the full range of relevant stakeholder interests regardless of race, colour, national origin, sexual orientation or income.
In order to establish and maintain effective public participation, sponsoring agencies and decision makers should give careful consideration to how they are supporting the process. Some important elements to successful public participation can include the following:
  • Sufficient resources to conduct the process – provide the funding and staff to support all aspects of the process, including a situation assessment, outreach activities, and obtaining and incorporating public input, with resources dedicated to involving vulnerable populations and overburdened parts of the community.
  • Participative capacity among staff and participants – conduct training in communication, outreach, and collaborative problem solving skills
  • A climate of integrity – trust and credibility of government are essential for public participation. Public participation will not flourish where government agencies or decision makers are corrupt or disingenuous about considering public input
  • A belief in the value of public input – the knowledge that public input will result in better decision-making and that public participation results in better governance
  • Capacity to engage - ensuring that agencies know how to design and implement public participation processes, and that agencies and the public alike have the knowledge and communication skills to participate effectively in the process
  • Complete transparency – the timely sharing of easily understandable and accessible information to educate the public about the issues and options.

Steps in Public Participation Process

  1. Planning:

    • Identify the purpose and scope of public participation.
    • Determine the stakeholders and target audience.
    • Develop a participation plan outlining methods, timelines, and resources.
  2. Information Dissemination:

    • Provide clear, accessible, and relevant information to the public.
    • Use multiple channels to reach different segments of the population.
  3. Engagement:

    • Facilitate opportunities for the public to provide input and express their views.
    • Ensure inclusivity by engaging marginalized and vulnerable groups.
  4. Incorporation of Feedback:

    • Analyze and integrate public input into the decision-making process.
    • Clearly communicate how feedback has influenced decisions.
  5. Implementation and Monitoring:

    • Involve the public in the implementation and monitoring of decisions and projects.
    • Establish mechanisms for ongoing feedback and adjustment.
  6. Evaluation:

    • Assess the effectiveness of the public participation process.
    • Gather feedback to improve future participation efforts.


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