Indira Gandhi National Open University MLE-021 School of Law Introduction to Environment

Block 1 UNDERSTANDING ENVIRONMENT UNIT 1 What is Environment? 5 UNIT 2 Nature and Ecosystem 32 UNIT 3 Environment and Law 54 UNIT 4 Origin of Environmental Law 73 Expert Committee

Prof. N.R. Madhava Menon Dr. R.D. Jakati Chairman, Former Director Director National Judicial Academy Indira Gandhi National Forest Academy Bhopal Member, Dr. Vinod B. Mathur Commission on Centre- Dean, Wildlife Institute of States Relations, New Delhi Mr. Samir Sinha Prof. B.B. Pande Former Head, Traffic – India Professor of Criminology Delhi University Mr. Raj Panjwani Senior Advocate, Supreme Court Justice Madan B. Lokur Chief Justice, Guwahati High Court, WWF-IGNOU EC Members: Guwahati Mr. VN Rajasekharan Pillai Dr. Luther Rangreji Vice-Chancellor, IGNOU Senior Legal Officer Legal & Treaties Division Mr. Ravi Singh Ministry of External Affairs SG & CEO, WWF-India Prof. Venkata Rao Prof. Srikrishna Deva Rao nd st Vice-Chancellor Former Director (2 May, 2007 to 1 National Law School Bangalore, May 2010), School of Law, IGNOU Karnataka Ms. Mansi Sharma Asst. Prof., School of Law, IGNOU Dr. K. Vijaya Lakshmi Assistant Vice President Ms. Moulika Arabhi (Environment), Development Programme Coordinator, Centre for Alternatives Environmental Law, WWF-India Block Preparation Team Programme Coordinator : Ms. Mansi Sharma, School of Law, IGNOU Ms. Moulika Arabhi, Centre for Environmental Law, WWF Unit Writers : Kaustubh Verma, CEL, WWF– India (Unit 1 & 2) Ms. Gurmeet Kaur, IGNOU (Unit 3) Ms. Priyanka Singh, CEL, WWF-India (Unit 4)

Content Editor : Ms. Moulika Arabhi, CEL, WWF-India Language Editor : Ms. Mansi Sharma Format Editor : Ms. Mansi Sharma Material Production Mr. Cover Design Word Processing Section Officer (Publication) Mr. Tamal Basu Mr. Yougesh Dawar IGNOU, New Delhi September, 2010 © Indira Gandhi Naitonal Open University, CEL, WWF-India, 2010 ISBN-978-81-266-4843-6 All rights reserved. No part of this work may be reproduced in any form, by mimeograph or any other means, without permission in writing from the copyright holder. Further information on the Indira Gandhi National Open University courses may be obtained from the University’s office at Maidan Garhi, New Delhi-110 068 or the official website of IGNOU at www.ignou.ac.in Printed and published on behalf of Indira Gandhi National Open University, New Delhi by Director, SOL, IGNOU, New Delhi-110068. Composed by : Tessa Media & Computers, C-206, A.F.E-II, Jamia Nagar, Okhla, New Delhi-25 MLE-021 INTRODUCTION TO ENVIRONMENT

“For strengthening the professional and educational support base for environmental law and policy”

One of the principle features of School of Law, IGNOU and Centre for Environmental Law, WWF-India’s educational activities is the Post Diploma Programme in Environmental Law. Jointly being launched in 2010, the Diploma is the first such comprehensive programme for enviro-legal education catering to India and International students and professionals. Special emphasis is on conservation and environmental issues, which lie at the core of all environmental law, the study of which enables participants to determine the effectiveness or ineffectiveness of the respective law.

MLE-021– Introduction to Environment We welcome you to start your journey by understanding ‘What is Environment’. Before you dwell into the major aspects of Environmental Law, here is an attempt to introduce the basics first.

‘Environment’ is a very comprehensive term. It includes within its ambit a wide variety of phenomenon. It is a dynamic term that may be used to describe a limited area on one hand, and the entire planet on the other. The term Environment may be perceived in different connotations. There numerous definitions of the term as provided by different National and International legal instruments.

Generally speaking, Environment includes the external conditions, resources, stimuli etc. with which an organism interacts. The Preamble of the United Nations Declaration on Human Environment, adopted in Stockholm in June 1972 states, “Man is both creature and moulder of his environment, which gives him physical substance and affords him the opportunity for intellectual, moral, social and spiritual growth”.

The environment is clearly at risk from a variety of sources of harm, mostly of human origin. In order to tackle this problem it is important that we develop strategies for modifying human behavior towards environmentally benign practices and away from environmentally damaging ones.

Through MLE-021, we attempt to make you ‘Understand about Environment’, take you through best practices of ‘Environment Management’ and finally to leave our future generations a better world it is important to understand the subject- ‘Environment and Sustainable Development’.

We wish you get the best from MLE-021 and also urge you to join the community thinking and acting for environment well being.

Best Regards and Happy Reading! SOL-CEL Team Understanding Environment BLOCK 1 UNDERSTANDING ENVIRONMENT

Of the several processes that all human societies in all ages have had in common, none has been more fundamental than their continual interaction with their natural environment. In fact, more than any other aspect of human endeavor, the diverse modes of human societal interaction with the larger ecological setting provide the basis for a genuinely global history of humanity. But, unlike so many of the other themes and patterns from which world history can be constructed, environmental history transcends the human experience. Due to the profound technological and scientific transformations that have occurred over the past millennium, it has come to effect – often fatally in recent centuries – every species of living creature on earth.

Following Units will be dealt in Block 1 Unit 1 – What is Environment: The attempt would be, to make you understand the basics of environment, how some of the environment concepts emerged and how society adapted to those concepts.

Unit 2 – Nature and Ecosystem: Without understanding how the fragile link between Nature and Ecosystem existed from time immemorial it would be difficult to move forward into the subject of Environment.

Unit 3 – Environment and Law: Law is important as it creates a framework within which our entire society operates. In this unit we attempt to explain how environment and law emerged and coexisted.

Unit 4 – Origin of Environmental Law: Every subject has to evolve somewhere, in this Unit we explain the Origin of Environmental Law. Source back to all those era’s where an attempt was made to understand our Environment.

4 UNIT 1 WHAT IS ENVIRONMENT? What is Environment? structure 1.1 Introduction 1.2 Objectives 1.3 The Indian Environment: A Historical Perspective 1.4 The World Environment: A Timeline 1.5 The Crisis 1.6 Summary 1.7 Terminal Questions 1.8 Answers and Hints 1.9 References and Suggested Readings 1.10 Bibliography 1.1 INTRODUCTION Of the several processes that all human societies in all ages have had in common, none has been more fundamental than their continual interaction with their natural environment. In fact, more than any other aspect of human endeavour, the diverse modes of human societal interaction with the larger ecological setting provide the basis for a genuinely global history of humanity. But, unlike so many of the other themes and patterns from which world history can be constructed, environmental history transcends the human experience. Due to the profound technological and scientific transformations that have occurred over the past millennium, it has come to effect – often fatally in recent centuries – every species of living creature on earth.[1]

The environment is a whole, albeit a complicated one, with many interfacing components. The wise management of the environment depends upon an understanding of its components: its rocks, minerals and waters, its soils and their present and potential vegetation, its animal life and potential for livestock husbandry, and its climate. Positive and realistic planning is needed to balance human needs against the potential the environment has for supporting these needs.[2] Environmental studies deal with every issue that affects a living organism. It is essentially a multidisciplinary approach that brings about an appreciation of our natural world and human impact on its integrity. It is an applied science, as it seeks practical answers to the increasingly important question of how to make civilisation sustainable on the Earth’s finite resources.

If we study the natural history of the areas in which we live, we would see that our surroundings were originally a natural landscape, such as a forest, a river, a mountain, a desert or a combination of these elements. Most of us live in landscapes that have been profoundly modified by human beings. Our dependence on nature is so great that we cannot continue to live without protecting the Earth’s environmental resources. Most traditional societies have learned that respecting nature is vital in protecting their own livelihoods. This had led to many cultural practices that have helped traditional societies protect and preserve their natural resources. Respect for nature and all living creatures is not new to India; all our 5 Understanding traditions are based on these values. Emperor Ashoka’s edict proclaimed that all Environment forms of life are important for our well-being, and this was as far back as the 4th century BC.

1.2 OBJECTIVES After studying the unit, the learners should be able to: • study the meaning of the natural environment; • throw light on the evolution of environmental awareness and conservation efforts across India and the world from a historical perspective; • examine the various environmental crises the world faces today; • study the concept of sustainable development and its relevance in today’s age; and • examine environmentalism and its contribution in conservation of the environment. Meaning The word “environment” is most commonly used to describe the natural environment and means the sum of all living and non-living things that surround an organism, or group of organisms.[3] Environment includes all elements, factors, and conditions that can have an impact on the growth and development of a certain organism. Environment includes both biotic and abiotic factors that influence an organism. Abiotic factors include light, temperature, water, atmospheric gases etc., while biotic factors include all surrounding living species. The environment often changes after some time and therefore many organisms have the ability to adapt to these changes. The environment is the totality of all the external conditions affecting the life, development and survival of an organism.[4] It consists of the naturally produced physical surroundings on which humanity is entirely dependent in all its activities. The various uses to which these surroundings are put for economic ends are called environmental functions. The natural environment, commonly referred to simply as “the environment”, encompasses all living and non-living things occurring naturally on Earth or some region thereof. The concept of the natural environment can be distinguished by components: • Complete ecological units that function as natural systems without massive human intervention, including all vegetation, animals, microorganisms, soil, rocks, atmosphere and natural phenomena that occur within their boundaries. • Universal natural resources and physical phenomena that lack clear-cut boundaries, such as air, water, and climate, as well as energy, radiation, electric charge, and magnetism, not originating from human activity. The natural environment is contrasted with the built environment, which comprises the areas and components that are strongly influenced by humans. Self Assessment Question 1) What is environment? What is the Concept of natural environment? ...... 6 Biogeochemical cycles What is Environment? Chloroplasts conduct photosynthesis and are found in plant cells and other eukaryotic organisms. These are Chloroplasts visible in the cells of Plagiomnium affine — Many-fruited Thyme-moss. Global biogeochemical cycles are critical to life, most notably those of water, oxygen, carbon, nitrogen and phosphorus.[29]

The phosphorus cycle is the movement of phosphorus through the lithosphere, hydrosphere, and biosphere. The atmosphere does not play a significant role in the movements of phosphorus, because phosphorus and phosphorus compounds are usually solids at the typical ranges of temperature and pressure found on Earth.

The nitrogen cycle is the transformation of nitrogen and nitrogen-containing compounds in nature. It is a cycle which includes gaseous components.

7 Understanding Environment

The carbon cycle is the biogeochemical cycle by which carbon is exchanged among the biosphere, pedosphere, geosphere, hydrosphere, and atmosphere of the Earth.

The oxygen cycle is the movement of oxygen within and between its three main reservoirs: the atmosphere, the biosphere, and the lithosphere. The main driving factor of the oxygen cycle is photosynthesis, which is responsible for the modern Earth’s atmospheric composition and life.

8 What is Environment?

The water cycle, is the continuous movement of water on, above, and below the surface of the Earth. Water can change states among liquid, vapour, and ice at various places in the water cycle. Although the balance of water on Earth remains fairly constant over time, individual water molecules can come and go.

Self Assessment Question 2) Draw Water Cycle and explain it......

1.3 THE INDIAN ENVIRONMENT: A HISTORICAL PERSPECTIVE

Flora and forests The forests of India were some of the richest resources in the British colonies. The value of forests was realised very early and forest management was introduced early on the sub-continent. The links between water, climate and forest cover were noted particularly early and warnings on deforestation were sounded as early as 1840 by surgeons in the like Edward Balfour.[5] This was to lead to forest conservation measures although the later policies of forest management were aimed at the production of commercial products such as teak timber. The post of a conservationist was created and this term was related to the patches of forests that they managed, called conservancies, and was not related to biodiversity conservation. Even today, vast tracts of Indian forests are covered with teak plantations, low in biodiversity and seasonally ravaged by forest fires. The first foresters in India were highly influenced by forest management in 9 Understanding Germany and many forest officers in India were trained in the German School of Environment Thought brought into India by (1824-1907)–the father of tropical forestry.[6] Numerous officers including James Sykes Gamble (1847-1925), Alexander Gibson and Hugh Francis Cleghorn in the Indian Forest service added information on the flora of India. Several amateurs also worked alongside from other civil services and they were assisted by professional botanists such as Joseph Dalton Hooker (1817-1911), John Gerard Koenig (1728-1785), Robert Wight (1796- 1872), Nathaniel Wallich (1786-1854) and William Roxburgh (1751-1815), the Father of Indian Botany.[7] Another area of interest was the introduction of plants of economic importance to India. Many of these introductions were tried in botanical gardens at Sibpur, Poona, Madras and Saharanpur.[8] The Chinese monopoly on tea was ended when tea was introduced in Darjeeling and through the work of Robert Fortune (1812-1880). The botanical garden at Sibpur in Calcutta was started in 1787 by Col. Robert Kyd (1746- 1793). Sir George King (1840-1904) who was in charge of the garden from 1871 was instrumental in the creation of a herbarium at the garden and founded the Botanical Survey of India[9] in 1890. Later botanical workers include the paleobotanist Birbal Sahni (1891-1949). Some of the other prominent names associated with botany and forests of India include William Carey (1761-1834), Sir Henry Collett (1836-1901), Ethelbert Blatter (1877-1934), T. F. Bourdillon, Sir Harry Champion and his brother F. W. Champion (1893-1970), A. A. Dunbar-Brander (Conservator of Forests in the Central Provinces), Sir Walter Elliot (1803-1887), Henry Thomas Colebrooke (1765-1837), Charles McCann (1899-1980), Hugh Falconer( 1808-1865), Philip Furley Fyson (1877-1947), Lt. Col. Heber Drury, William Griffith (1810-1845), Sir David Prain (1857-1944), J. F. Duthie, P. D. Stracey, Richard Strachey (1817- 1908), Thomas Thomson (1817-1878), J. E. Winterbottom, W. Moorcroft and J.F. Royle (1799-1858). Naturalists associated with the Bombay Natural History Society[10] like W. S. Millard (1864-1952) helped popularise the study of trees with books such as Some Beautiful Indian Trees (co-authored with Ethelbert Blatter). Similar attempts were made by civil servants like Alexander Kyd Nairne in his Flowering plants of Western India (1894). Fauna

India has some of the world’s most biodiverse regions. The political boundaries of India encompass a wide range of ecozones — desert, high mountains, highlands, tropical and temperate forests, swamplands, plains, grasslands, areas surrounding rivers, as well as island archipelago. It hosts three biodiversity hotspots: the Western Ghats, the Eastern Himalayas, and the hilly ranges that straddle the India- border. These hotspots have numerous endemic species[11].

India, for the most part, lies within the Indomalaya ecozone, with the upper reaches of the Himalayas forming part of the Palearctic ecozone; the contours of 2000 to 2500 m are considered to be the altitudinal boundary between the Indo- Malayan and Palearctic zones. India displays significant biodiversity. One of eighteen megadiverse countries, it is home to 7.6% of all mammalian, 12.6% of 10 all avian, 6.2% of all reptilian, 4.4% of all amphibian, 11.7% of all fish, and What is Environment? 6.0% of all flowering plant species.[11]

Tiger Asian Elephant

Asiatic Lion

Indian Rhinoceros 11 Understanding The region is also heavily influenced by summer monsoons that cause major Environment seasonal changes in vegetation and habitat. India forms a large part of the Indomalayan biogeographical zone and many of the floral and faunal forms show Malayan affinities with only a few taxa being unique to the Indian region. The unique forms includes the snake family Uropeltidae found only in the Western Ghats and Sri Lanka. Fossil taxa from the Cretaceous show links to the Seychelles and Madagascar chain of islands. The Cretaceous fauna include reptiles, amphibians and fishes and an extant species demonstrating this phylogeographical link is the Purple . The separation of India and Madagascar is traditionally estimated to have taken place about 88 million years ago. However there are suggestions that the links to Madagascar and Africa were present even at the time when the met Eurasia. India has been suggested as a ship for the movement of several African taxa into Asia. These taxa include five frog families (including the Myobatrachidae), three caecilian families, a lacertid lizard and freshwater snails of the family Potamiopsidae.[12] A fossil tooth of what is believed to be of a lemur-like primate from the Bugti Hills of central Pakistan however has led to suggestions that the lemurs may have originated in Asia. These fossils are however from the Oligocene (30 million years ago) and have led to controversy. Lemur fossils from India in the past led to theories of a lost continent called Lemuria. This theory however was dismissed when continental drift and plate tectonics became well established. The flora and fauna of India have been studied and recorded from early times in folk traditions and later by researchers following more formal scientific approaches (See Natural history in India). Game laws are reported from the third century BC.[13] A little under 5% of this total area is formally classified under protected areas. India is home to several well known large mammals including the Asian Elephant, Bengal , Asiatic Lion, and Indian Rhinoceros. Some of these animals are engrained in culture, often being associated with deities. These large mammals are important for wildlife tourism in India and several national parks and wildlife sanctuaries cater to these needs. The popularity of these charismatic animals have helped greatly in conservation efforts in India. The tiger has been particularly important and Project Tiger started in 1972 was a major effort to conserve the tiger and its habitats. Project Elephant, though less known, started in 1992 and works for elephant protection. Most of India’s rhinos today survive in the Kaziranga National Park. Other well known large Indian mammals include ungulates such as the Water Buffalo, Nilgai, Gaur and several species of deer and antelope. Some members of the dog family such as the Indian Wolf, Bengal Fox, Golden Jackal and the Dhole or Wild Dogs are also widely distributed. It is also home to the Striped Hyaena. Many smaller animals such as the Macaques, Langurs and Mongoose species are especially well known due to their ability to live close to or inside urban areas. Self Assessment Question 3) Explain Flora and Fauna? ...... 12 Biodiversity What is Environment? There is insufficient information about the invertebrate and lower forms of India with significant work having been done only in a few groups of insects notably the butterflies, odonates, hymenoptera, the larger coleoptera and heteroptera. Few concerted attempts to document the biodiversity have been made since the publication of the Fauna of British India series.

There are about 2546 species of fishes (about 11% of the world species) found in Indian waters. About 197 species of amphibians (4.4% of the world total) and more than 408 reptile species (6% of the world total) are found in India. Among these groups the highest levels of endemism are found in the amphibians. There are about 1250 species of birds from India with some variations depending on taxonomic treatments accounting for about 12% of the world species. There are about 410 species of mammals known from India which is about 8.86% of the world species.

1.4 THE WORLD ENVIRONMENT: A TIMELINE Ancient Civilisations

Babylonian sewer system • Air pollution was common in large towns long before the industrial revolution. The pollution came from dust, wood smoke, tanneries, animal manure and other things. • Water pollution was less severe in some civilisations. Israeli and Hindu cities tended to have less water pollution due to strict religious codes about cleanliness. On the other hand, ancient Rome was notorious for sewage- filled streets. • Timbering stripped the forests of Babylon, Greece, Phonecia (Lebanon) and Italy with the rise of civilisation. The wood energy crisis led Greeks to use passive solar energy by orienting their cities and houses toward the sun. Romans made some use of solar energy but imported wood for timber and fuel from as far away as the Black Sea. Both Greeks and Romans kept sacred groves of trees from being timbered.

13 Understanding • Soil conservation was not widely practiced in the Mediterranean, but cultures Environment in China, India and Peru understood the long term impact of soil erosion and tried to prevent it. • Lead poisoning was common among upper class Romans who used lead- sweetened wine and grape pulp sweetened with “sugar of lead” as a condiment.

Middle Ages and Renaissance

Detail from a Peter S. Bregel painting shows a rich man standing near an outhouse which empties directly into the river

• Plague devastates but leads to the beginnings of a public health system. • Water pollution tends to be less of a problem for dispersed populations than it would later become. • Timbering in the forests of England, France, Germany leaves large tracts totally denuded by around 1550 in England and the 1600s in Europe, forcing a switch to coal. • Soil conservation was not widely practiced in the Mediterranian, but cultures in China, India and Peru understood the long term impact of soil erosion and used terracing, crop rotation and natural fertiliser to prevent it. • Occupational diseases are investigated by Bernardo Razzimazi and begin to be recognised as public health problems. Progressive Era

A young Teddy Roosevelt 14 • Reform was the common concern. Reform of working conditions, slum What is Environment? housing, food adulteration, sanitation, drinking water, polluting industries and more. • Teddy Roosevelt and his forester Gifford Pinchot characterised the era with ideas about conserving large tracts of land and putting other forests to “wise use”. • John Muir opposes the “wise use” idea and fights for outright preservation of unspoiled wilderness. • Social activists and reformers like Ellen Swallow Richards, Jane Addams, Florence Kelly and Alice Hamilton innovate and find limited success. New organisations like the womens clubs and the Sierra Club help champion natural preservation, conservation and municipal reform. The Era of Enlightenment • Reason begins to be better appreciated as an antidote to superstition. Ben Franklin’s fight against water pollution, James Lind’s fight against scurvy, and the movement to clean up waterways, slums and prisons — all begin with an enlightenment philosophy that values individual citizens and believes progress is possible. There were, as Rumford said, “other kinds of glory than that of victory in battle”. Ben Franklin in his • Thomas Malthus predicts that eventually, food and printing office resources will run out as populations explode. New technologies create new pollution, — Town gas from coal drips tar into the rivers. Vulcanised rubber plants discharge noxious chemicals directly into the streams. Coal smoke chokes the air in big cities. Chemical factories operate without thought to people downwind. Industrial Revolution

Woman looking through microscope is amazed at bacteria in water in a 19th century British cartoon.

15 Understanding • Living conditions in urban areas horrify reform minded commissions in Environment London in the 1840s and America in the 1850s and 60s. Progress is slow but the common interest in pure drinking water and sanitation is spurred by epidemics of typhoid and cholera. • Smog episodes begin killing residents of large cities like London. • Conservation of wilderness areas begins with the felling of an enormous tree, called the “Mother of the Forest” in 1851. The outrage over the act leads to calls for a national park system.

Roaring Twenties and the Depression

Alice Hamilton (Library of Congress) • National Coast Anti Pollution League is formed by municipal officials from Atlantic City to Maine who are concerned about oil and sewage pollution detracting from tourism. Led by Gifford Pinchot, Teddy Roosevelt’s forester, the league succeeds with an international oil dumping treaty passed by Congress in 1924. • “Nothing but a murderer” is the way Harvard M.D. Alice Hamilton privately describes Charles Kettering of General Motors, the inventive genius behind leaded gasoline. Hamilton’s fight to point out alternatives does not succeed and leaded gasoline becomes the standard fuel for most of the world. • The Radium Girls are dying of radiation induced cancer and court delays seem outrageous to crusading journalist Walter Lippmann who works with Alice Hamilton to bring their case to the public. A settlement at least gives them medical care and compensation for their families. • Civilian Conservation Corps is founded by FDR during the depression. • Chemurgy movement is a Midwestern populist and scientific phenomena. Demands include replacement of petroleum with farm alcohol and other industrial uses for agricultural crops. Movement suffers when leaders die and new leaders with secret ties to the oil industry take over.

World War II and the 50’s • A full marriage designed to outlast the war. This was the relationship between American auto, chemical and oil companies and Germany’s I.G. Farben exposed by Sen. Harry Truman in 1942. American development of synthetic 16 rubber was blocked and leaded gasoline technology was handed over to the What is Environment? Nazis during the pre-war honeymoon. (Stephenson, 1976). The lesson of history? Only the government can secure the long-term public interest. Private industry cannot.

London Fog of 1956 was so thick that walking bus escorts were needed at 10 a.m. • Midwestern corn, not oil industry synthetics, helped roll allies to victory over the Nazis. Synthetic rubber and chemicals from renewable resources proved vital to winning WWII. (Bernton, 1982) • Sand County Almanac by forester Aldo Leopold, published in 1948 just after his death, expresses the expanding sense of human responsibility, not only for each other but also for the earth. . • Deadly smog episodes in Donora Penn. (1948), London (1952, 1956), New York (1953), and Los Angeles (1954) create the perception that an air pollution crisis is underway. In 1955 the first international air pollution conference is held.

• Increasing CO2 buildup is one surprising conclusion of Scripps Oceanographic Institute scientists working on International Geophysical Year projects 1957. The Sixties (1960-70)

Rachel Carson (Yale University library) • Rachel Carson’s book Silent Spring strikes a deep chord in the rapidly growing concern about the environment when published in 1962. • General Motors and Standard Oil (Exxon) sell off the Ethyl Corp., the child of their partnership in leaded gasoline, in 1962. Senate hearings in 1965 reveal decades of falsified lead industry research. 17 Understanding • A burning river ends the decade as a dramatic symbol of an environment on Environment the brink. On June 22, 1969, oil and chemicals in the Cuyahoga River in Cleveland, Ohio catch fire. Flames top five stories. • UNESCO conference on Man and His Environment takes place in San Francisco in 1969, sparking hope for international cooperation on environmental issues. • The tragedy of the commons strikes a nerve. The Garrett Harden essay argues that just as unrestricted grasing could turn a common pature into a wasteland, unregulated industry could do the same to the planet. The Seventies (1970-1980)

Greenpeace captures the world’s attention with its dramatic tactics in protecting whales (Photo by Rex Weyler, Greenpeace, 1977) • A decade of awakening and cleanup begins with the birth of the Environmental Protection Agency and ends with the Appropriate Community Technology demonstration on the Washington mall. • Air pollution is cut back dramatically through use of catalytic converters on new cars that use only unleaded gasoline. But the predicted “pollution free car” proves to be chimerical. • Water pollution is greatly decreased through a massive sewage treatment expansion programme. Rivers which were once sewers now begin a gradual return from the grave. Still, the “national pollution discharge elimination system” does not actually eliminate discharges. • Toxic chemicals become more troubling. Corporations like Allied (manufacturer of Kepone) seem to have deliberately endangered employees and the public for minor increments of profit. Love Canal and other incidents lead to new regulations in the 1980s. • Nuclear power safety is increasingly suspect after the Three Mile Island accident. • Energy crisis in oil supply leads to reversals of some restrictions on refinery and oil pollution.

18 1980-1990 What is Environment?

• Disasters show the tenuous and fragile side of industrial technology. Among them are the Bhopal mass poisoning in India; the Chernobyl nuclear reactor disaster in Ukraine; and the Challenger shuttle and Exxon Valdez oil spills in the U.S. • Ozone depletion from fluorocarbons is finally taken seriously, even by conservatives like Ronald Reagan and Margaret Thatcher of Britain, who join others in signing the Montreal Protocol in 1987. • More good news: Legislation for cleaning up toxic waste passes Congress. But by the year 2002, the Superfund will be broke. • Environmental reform gathers momentum, but environmentalists mourn the loss of the Rainbow Warrior, a Greenpeace ship bombed by French secret service agents in New Zealand in 1985. • Warnings about global climate change become more convincing as evidence mounts. 1990-2000

Windmills in California 19 Understanding • Persian Gulf War creates environmental disaster with thousands of burning Environment oil wells. • Ken Saro Wiwa, journalist and environmental activist, is executed in 1995 for his outspoken opposition to oil industry practices in Nigeria. The dictatorial government of Nigeria, and its partner Shell Oil, is held responsible by the international community. • Political standoff between conservative and liberal factions in Congress ended more or less in a draw, with strong national opinion polls favouring environment over economic development. A Gallup poll finds 76 percent of Americans call themselves “environmentalists”. • China’s Three Gorges Dam continues on schedule, despite international protests. • MTBE may fight air pollution, but water pollution turns out to be the major side effect of the fuel additive. It’s another example of the law of unintended consequences. The new millenium

Scientist works with experimental fermenter at the National Renewable Energy Lab in Golden, Colo.

• US leadership changes from president Bill Clinton, a devoted conservationist, to George Bush in 2001, who eases environmental regulation on behalf of industry, to Barack Obama in 2009, who restores environmental and conservation missions for US regulatory agencies. • Global climate change becomes a pressing priority, as scientists issue increasingly serious warnings about their observations of the changing climate; but the scientific process stumbles over relatively minor mistakes made under increasing media scrutiny. Attempts at international agreements fail at Copenhagen in 2009, but world leaders continue attempting to bridge gaps in policy approaches. • Coal mining especially in the US Appalachian region continues to spark controversy over serious environmental impacts. A disaster at the Tennessee Valley Authority shows how serious the waste products of coal combustion can be. Coal mine disasters continue to haunt the US and China. • Toxic Waste dumping in developing nations continues to be an urgent problem.

20 What is Environment? 1.5 THE CRISIS List of Environmental Crises This is a list of environmental issues that have arisen due to human activities (Anthropogenic effects on the natural environment). • Anoxic waters — Anoxic event • Hypoxia • Ocean deoxygenation • Dead zone • Climate change — Global warming • Global dimming • Fossil fuels • Sea level rise • Greenhouse gas • Ocean acidification • Shutdown of thermohaline circulation • Conservation — Species extinction • Pollinator decline • Coral bleaching • Holocene extinction • Invasive species • Poaching • Endangered species • Dams — Environmental impacts of dams • Energy — Energy conservation • Renewable energy • Efficient energy use • Renewable energy commercialisation • Environmental degradation — Eutrophication • Habitat destruction • Invasive species • Environmental health — Air quality • Asthma • Electromagnetic fields • Electromagnetic radiation and health • Indoor air quality • Lead poisoning • Sick Building Syndrome • Genetic engineering — Genetic pollution • Genetically modified food controversies • Intensive farming — Overgrasing • Irrigation • Monoculture • Environmental effects of meat production • Slash and burn • Pesticide drift • Plasticulture • Land degradation — Land pollution • Desertification Soil — Soil conservation • Soil erosion • Soil contamination • Soil salination • Land use — Urban sprawl • Habitat fragmentation • Habitat destruction • Nanotechnology — Nanotoxicology • Nanopollution • Nuclear issues — Nuclear fallout • Nuclear meltdown • Nuclear power • Radioactive waste . • Overpopulation — Burial • Water crisis • Overpopulation in companion animals • Tragedy of the commons • Ozone depletion — CFC • Pollution — Light pollution • Noise pollution • Visual pollution • Nonpoint source pollution • Point source pollution • Water pollution — Acid rain • Eutrophication • Marine pollution • Ocean dumping • Oil spills • Thermal pollution • Urban runoff • Water crisis • Marine debris • Ocean acidification • Ship pollution • Wastewater • Fish kill • Algal bloom • Mercury in fish

21 Understanding • Air pollution — Smog • Tropospheric ozone • Indoor air quality • Volatile Environment organic compound • Particulate matter • Sulphur oxide • Resource depletion — Exploitation of natural resources • Overdrafting • Consumerism — Consumer capitalism • Planned obsolescence • Over- consumption • Fishing — Blast fishing • Bottom trawling • Cyanide fishing • Ghost nets • Illegal, unreported and unregulated fishing • Overfishing • Shark finning • Whaling • Logging — Clearcutting • Deforestation • Illegal logging • Mining — Acid mine drainage • Mountaintop removal mining • Slurry impoundments • Toxins — Chlorofluorocarbons • DDT • Endocrine disruptors • Dioxin • Toxic heavy metals • Herbicides • Pesticides • Toxic waste • PCB • Bioaccumulation • Biomagnification • Waste — E-waste • Litter • Waste disposal incidents • Marine debris • Medical waste • Landfill • Leachate • Recycling • Incineration • Great Pacific Garbage Patch 1.6 SUMMARY

Future of our planet lies in our hands Environmentalism is a political and social movement with the goal of protecting the natural environment. It emphasizes the importance of nature in the protection of the environment and combines with it various policies and efforts which assist in conservation. The main proponents of this movement are environmental scientists who have laid down a few basic goals. Some of these goals include: • Reduction in the world consumption of fossil fuels. • Clean-up of areas affected by various kinds of pollution (air, water, etc.) with a future goal of achieving zero pollution. • Laying emphasis on clean, alternative energy sources which result in less carbon emissions. • Sustainable use of water, land, and other scarce resources. • Preservation of existing endangered species. • Protection of biodiversity 22 Firstly, reducing the world consumption of fossil fuels is very important in the What is Environment? fight against climate change and global warming. Fossil (non renewable) fuels are mainly responsible for global warming as during the combustion of fossil fuels carbon dioxide (one of the greenhouse gases) gets released into the atmosphere. In fact reducing the emission of carbon dioxide is the most important thing if we want to successfully fight global warming. Secondly, reducing and cleaning up pollution is also a very important task. Every day we hear of large-scale pollution of air, seas, rivers etc. Pollution creates an unhealthy environment and often causes many health problems and different diseases. Thirdly, the world needs a lot of energy and if we want to reduce the use of fossil fuels then we should have other alternative energy sources to in order to satisfy the growing energy demands. These alternative energy sources such as wind energy, solar power and hydro energy, have all great potential, and are also ecologically acceptable. However their use is on a very small-scale as compared to fossil fuels which are still the dominant sources of energy.

Fourthly, we need to focus on sustainable development as the cost of progress must not be damage to the environment. Sustainable use of water, land and other resources is therefore vital to enable future life of our planet. Fifthly, the number of endangered species is lately increasing rapidly and many species have become extinct in the last 50 years or so. Preservation of endangered species is important to save a number of ecosystems and to protect the biodiversity of our planet. Lastly, biodiversity is very important in enabling life since all species are connected in a perfectly balanced cycle, each having its own unique role.

The natural resource of wind powers these 5MW wind turbines on this wind farm 28 km off the coast of Belgium

23 Understanding Environment 1.7 TERMINAL QUESTIONS

1) What is the importance of Nitrogen cycle in Environment? Please show a pictorial depiction. 2) How did the study of Environment emerge? 3) List the Environmental Crisis? Quote one example of worst environment disaster known in India. 4) How are Environment and Science related? Is Environment based on Science or some other factors govern them?

1.8 ANSWERS AND HINTS Self Assessment Questions 1) Refer to Section 1.2 2) Refer to Section 1.2 3) Refer to Section 1.3 Terminal Questions 1) The nitrogen cycle is the set of biogeochemical processes by which nitrogen undergoes chemical reactions, changes form, and moves through difference reservoirs on earth, including living organisms. Nitrogen is required for all organisms to live and grow because it is the essential component of DNA, RNA, and protein. However, most organisms cannot use atmospheric nitrogen, the largest reservoir. The five processes in the nitrogen cycle — fixation, uptake, mineralisation, nitrification, and denitrification — are all driven by microorganisms. Humans influence the global nitrogen cycle primarily through the use of nitrogen-based fertilisers. 2) Modern thought surrounding human-environment relations is traced back to Charles Darwin. Darwin’s concept of natural selection suggested that certain social characteristics played a key role in the survivability of groups in the natural environment. Although typically taken at the micro level, evolutionary principles, particularly adaptability, serve as a microcosm of human ecology. Work by Humphrey and Buttel (2002) traces the linkages between Darwin’s work on natural selection, human ecological sociology, and environmental sociology. It became recognised in the latter half of the 20th century that biological determinism failed to fully explain the relationship between humans and the environment. As the application of social determinism became more useful, the role of sociology became more pervasive in analysing environmental conditions. At first, classical sociology saw social and cultural factors as the only cause of other social and cultural conditions. This lens ignored the concept of environmental determinism or the environmental factors that cause social phenomena. The works of William R. Catton, Jr. and Riley Dunlap challenged the constricted anthropocentrism of classical sociology. In the late 1970s, they called for a new holistic, or systems perspective. Since the 1970s, sociology has noticeably transformed to include environmental forces in social explanations. Environmental sociology emerged as a coherent subfield of inquiry after the environmental movement 24 of the 1960s and early 1970s. It has now solidified as a respected, What is Environment? interdisciplinary subject in academia. 3) Worst Environmental Disaster : Bhopal Gas Tragedy December 3, 1984 has become a memorable day for the city of Bhopal in Madya Pradesh county, India. Shortly after midnight, a poisonous gas cloud escaped from the Union Carbide India Limited (UCIL) pesticide factory. The cloud contained 15 metric tons of methyl isocyanate (MIC), covering an area of more than 30 square miles. The gas leak killed at least 4,000 local residents instantly and caused health problems such as oedema for at least 50,000 to perhaps 500,000 people. These health problems killed around 15,000 more victims in the years that followed. Approximately 100,000 people still suffer from chronic disease consequential to gas exposure, today. Research conducted by the BBC in 2004 pointed out that this pollution still causes people to fall ill, and ten more die every year. This event is now known as the worst industrial environmental disaster to ever have occurred. The cause of the accident has been researched after the disaster. Apparently water ended up in MIC storage tanks, causing an exothermal reaction that released an amount of poisonous gas large enough to open the safety valves. Normally scrubbers would intercept escaping gas, but these were temporarily out of order for repair. Research showed that factory personnel neglected a number of safety procedures. There were no valves to prevent water from entering the storage tanks. The cooling installation of the tanks and the flaring installation that might have flared the gas that was released were out of order (Fig. 1). Safety was very low in this factory of Union Carbide, compared to its other locations. The safety procedures were neglected because of budget cuts.

Figure 1: Overview of events that led to the Bhopal disaster (Bhopal Medical Appeal, 2002) 25 Understanding Union Carbide was accused of deliberate evasion of regular safety procedures. Environment During lawsuits where victims demanded compensation, documents were revealed which proved that Union Carbide regularly used untested technology in the Bhopal factory. When the gas leak occurred doctors were not informed of the nature of the gas. This caused the correct treatment and emergency measures to be held off. The manager of Union Carbide, Warren Anderson, was accused of culpable homicide. However, he did not occur in court and both the Indian and American government did not take adequate measures to make sure this man was tried. This led to a series of protests organised by environmental organisations, such as Greenpeace. Union Carbide denied responsibility for the accident on their website, stating that: “The Bhopal plant was owned and operated by Union Carbide India, Limited (UCIL), an Indian company in which Union Carbide Corporation held just over half the stock. The other stockholders included Indian financial institutions and thousands of private investors in India. The plant was designed, built, and managed by UCIL using Indian consultants and workers.” 4) Environmental science came alive as a substantive, active field of scientific investigation in the 1960s and 1970s driven by (a) the need for a multi- disciplinary approach to analyse complex environmental problems, (b) the arrival of substantive environmental laws requiring specific environmental protocols of investigation and (c) the growing public awareness of a need for action in addressing environmental problems. Events that spurred this development included the publication of Rachael Carson’s landmark environmental book Silent Spring[2] along with major environmental issues becoming very public, such as the 1969 Santa Barbara oil spill, and the Cuyahoga River of Cleveland, Ohio, “catching fire” (also in 1969), and helped increase the visibility of environmental issues and create this new field of study.

1.9 SUGGESTED READINGS • Butti, Ken, and John Perlin, A golden thread : 2500 years of solar architecture and technology (Palo Alto : Cheshire Books; New York : Van Nostrand Reinhold, 1980). • Glacken, Clarence J, 1973, Traces on the Rhodian shore; nature and culture in Western thought from ancient times to the end of the eighteenth century (Berkeley: University of California Press). • Grove, Richard H, 1995. Green Imperialism: Colonial Expansion, Tropic Island Edens and the Origins of Environmentalism (Cambridge, UK: Cambridge University Press). • Hughes, J. Donald, 1994, Pan’s Travail: Environmental Problems of the Ancient Greeks and Romans (Baltimore: Johns Hopkins University Press, 1994 reprint). • Hughes, J. Donald, 1975 Ecology in Ancient Civilisations. (Albuquerque, N.M.: University of New Mexico Press, 1975). 26 • Nriagu, J. Lead and Lead Poisoning in Antiquity. (New York: Wiley What is Environment? Interscience, 1983). • Perlin, John: A forest journey : The role of wood in the development of civilisation (Cambridge, Mass.: Harvard University Press, 1991) • Worster, Donald, Nature’s Economy: A History of Ecological Ideas (Cambridge, UK: Cambridge University Press, 1977). • Tuchman, Barbara, A Distant : the calamitous 14th century, New York : Alfred Knopf, 1978. • Lansdown, R. and W.Yule, eds. Lead Toxicity: History and Environmental Impact. Baltimore, Md.: Johns Hopkins University Press, 1986. • Leff, S., and Vera Leff, From Witchcraft to World Health, New York: MacMillan, 1956. • Sigerist, H. E. 1945. Civilisation and Disease. Ithaca, N.Y.: Cornell University Press. • Brimblecombe, Peter, 1988 The Big Smoke, London:, Routledge. • Cronon, William, 1985. Changes in the Land: Indians, Colonists, and the Ecology of New England. New York: Hill and Wang. • Kolodny, A. 1984. The Land Before Her: Fantasy and Experience of the American Frontiers, 1630-1860. Chapel Hill, N.C.: University of North Carolina Press. • Markham, Adam, 1994 A Brief History of Pollution, New York: St. Martin’s. • McMahon, Michal, 1994 “Publick Service versus Mans Properties: Dock Creek and the Origins of Urban Technology in Eighteenth Century Philadelphia,” in Judith A. McGaw, ed., Early American Technology: Making & Doing Things from the Colonial Era to 1850, Chapel Hill, N.C. University of N.C. Press. • Nash, R. 1982.Wilderness and the American Mind. 3rd ed. New Haven: Yale University Press. • Marsh, G. P. 1869. Man and Nature; or, Physical Geography as Modified by Human Condition. rev. ed. New York: Scribner & Co. • Marx, Leo, 1964, The Machine in the Garden (NY: ). • Melosi, M. V., ed. 1980. Pollution and Reform in American Cities, 1870- 1930. Austin: University of Texas Press. • Mumford, Lewis 1961 The City in History, NY: Harcourt, Brace & World. • Thoreau, Henry David, 1854, Walden and other writings, NY: Bantam. • Cohen, M. 1984. The Pathless Way: John Muir and American Wilderness. Madison, WI: University of Wisconsin Press. Also see Cohen’s History of the Sierra Club, 1988, San Francisco, CA: Sierra Club Books. • Clements, K. A. 1979. Politics and the Park: San Francisco’s Fight for Hetch Hetchy, 1908-1913. Pacific Historical Review. 48: 184-215. 27 Understanding • Hays, Sameul P., 1959. Conservation and the Gospel of Efficiency. Environment Cambridge, MA: Harvard University Press. • Isenberg, Andrew, 2000, The Destruction of the Bison: An Environmental History 1750-1920, Cambridge UK: Cambridge University Press. • Jones, H. R. 1965. John Muir and the Sierra Club: The Battle for Yosemite. San Francisco, CA: Sierra Club Books. • Merchant, Carolyn, 1981. Earthcare: Women and the Environmental Movement. Environment 23:5 (June): 6-15, 38-40. • Mowry, G. E. 1958. The Era of Theodore Roosevelt, 1900-1912. New York: Harper. • Muir, John. 1991. Our National Parks. San Francisco CA: Sierra Club Books. • Tarr, Joel, 1996 The Search for the Ultimate Sink: Akron, Ohio: University of Akron Press. • Turner, Frederick Jackson, 1920. The Frontier in American history Huntington, N.Y. : R. E. Krieger Pub. Co., 1976, c1920. • Twain, , 1896, Life on the Mississippi, NY: Harper Brothers. • Goldmark, J. 1953. Impatient Crusader: Florence Kelly’s Life Story. Westport, Conn.: Greenwood Press. • Kovarik, W., 1996, Henry Ford, Charles Kettering and the Fuel of the Future, paper to the Society of Automotive Historians, Dearborn, Mich., reprinted in Automotive History, spring 1998. • Kovarik, W. 1994. Charles F. Kettering and the Development of Tetraethyl Lead in the Context of Alternative Technologies. Proceedings of the Society of Automotive Engineers, Paper 943924, Baltimore, Maryland. (24 October). • Rosner, D. and Markowitz, G. 1989. Dying for Work: Workers Safety and Health in Twentieth Century America. Bloomington, Ind.: Indiana University Press. • Sicherman, Barbara. 1984. Alice Hamilton: A Life in Letters. Cambridge, Mass.: Harvard University Press. • Borkin, Joseph, 1978. The Crime and Punishment of I.G. Farben. New York: Free Press (Borkin was the deputy attorney general under Thurmond Arnold in charge of prosecuting the oil and chemical companies for treasonous connections to the Nazis at the opening of WWII. ) • Bernton, Hal, 1982, and William Kovarik and Scott Sklar, The Forbidden Fuel: Power Alcohol in the 20th Century, New York: Griffin. • Stevenson, William, 1976, A Man Called Intrepid, New York : Harcourt Brace Jovanovich. • Leopold, Aldo, 1948 A Sand County Almanac. • Carson, Rachel, 1962. Silent Spring. NY: Houghton Mifflin.

28 • Ellul, Jacques, The Technological Society, NY: Alfred Knopf. (Originally What is Environment? 1954 La technique ou l’enjeu du siecle, Max Leclerc, et Cie, Paris). • Lear, Linda, 1997, Rachel Carson: Witness for Nature NY : H. Holt, 1997. • Marx, Leo, 1964, The machine in the garden; technology and the pastoral ideal in America NY, Oxford University Press. • Wadsworth, Ginger 1992, Rachel Carson, voice for the earth Minneapolis, MN: Lerner Publications. • Abbey, Edward, 1975, The Monkey Wrench Gang, NY: J.B. Lippincott. (fiction). • Brown, Michael and John May, 1991. The Greenpeace Story New York: Dorling Kindersley. • Dillard, Annie, 1974, Pilgrim at Tinker Creek, NY: Harper & Row. • To Save a Whale, photographs (Chronicle Books, 1978; Heinemann, UK, 1978; Kubler Verlag, Germany, Rettet die Wale, 1979). • Song of the Whale (Doubleday, 1986): The discoveries of whale researcher Dr. Paul Spong and a history of the Greenpeace campaign to stop international whaling. • Blood of the Land (Everest House, 1982; Random House, Vintage paperback, 1983; New Society Publishers, 1992): A history of native American cultures and their 500-year clash with European cultures, nominated for a Pulitzer Prise in 1982. An updated edition, published by New Society in 1992, remains in print. • Hayes, Dennis, 1977, Rays of Hope: The Transition to a Post Petroleum World, Worldwatch / W.W.Norton. • Ward, Barbara and Rene Dubois, 1972: Only One Earth: The Care and Maintenance of a Small Planet, New York: Norton. This was the book that summarised the UN Conference on the Environment of Stockhold, 1972. • Daly, Herman E., 1980, Economics, Ecology, Ethics: Essays toward a steady- state economy NY: W.H.Freeman & Co. • Fowler, John, 1986, Energy and the Environment, NY: McGraw Hill. • McKibben, Bill 1989, The End of Nature New York: Random House. • Reisner, Mark. 1986. Cadillac Desert: The American West and Its Disappearing Water. New York: Viking. • Rose, Chris 1990 The Dirty Man of Europe: The Great British Pollution Scandal London: Simon and Schuster. • Schell, Jonathan, 1982, The fate of the earth New York : Knopf. • Seed, John, 1988, Thinking Like a Mountain: Towards a Council of All Beings, Philadelphia, PA: New Society Publishers.

29 Understanding • Short, C. Brant (Calvin Brant),1989 Ronald Reagan and the public lands : Environment America’s conservation debate, 1979-1984 College Station : Texas A&M University Press. • Udall, Stuart. 1988.The Quiet Crisis and the Next Generation. Salt Lake City: Gibbs-Smith. • Teich, Albert, Ed., Technology and the Future. 1986, NY St. Martin’s Press. • Adler, Jonathan, 1995, Environmentalism at the Crossroads, Capital Research Center (Competitive Institute). • Chapman, Graham, and others, Environmentalism and the mass media: the North-South Divide, London, Routledge (Indian Institute of Advanced Study, Shimla). • Dwyer, William. O., and Frank Leeming, 1995, Earth’s Eleventh Hour: Environmental Readings from the Washington Post, Boston, MA: Allyn and Bacon. • Gore, Albert, 1993, Earth in the Balance : Ecology and the Human Spirit N.Y : Plume. • Gottlieb, Robert 1993, Forcing the Spring: The Transformation of the American Environmental Movement, Washington, DC: Island Press. • LaMay, Craig and Everette Dennis, Eds., 1991, Media and the Environment, Washington DC: Island Press. • Levy, Walter, and Christopher Hallowell, 1994, Green Perspectives: Thinking and writing about nature and the environment, NY: Addison Wesley Longman. • Mark Neuzil and William Kovarik, 1996, Mass Media and Environmental Conflict: America’s Green Crusades, Thousand Oaks, Calif.: Sage. • Pepper, David, 1996, Modern Environmentalism, London, Routledge. • Postman, Neil, 1992, Technopoly: The Surrender of Culture to Technology, NY: Random House. • Shabecoff, Phillip, 1993. A Fierce Green Fire: The American Environmental Movement. NY: Hill and Wang. • Slovic, Scott H., and Terrell Dixon, 1993, Being in the World: An Environmental Reader for Writers, NY: McMillan Publishing Co. • Guha, Ramachandra, 2000 Environmentalism, A Global History New Delhi, Oxford University Press. • Perlin, John, 1999, From Space to Earth: The Story of Solar Electricity, Ann Arbor, Mich., AATEC Publications. • Warren, Christopher, 2000, Brush with Death: A Social History of Lead Poisoning, Baltimore, MD: Johns Hopkins University Press.

30 What is Environment? 1.10 BIBLIOGRAPHY 1 Michael Adams, Series Editor’s Preface, pg. vii, in: Ramchandra Guha, Environmentalism – A Global History. Oxford University Press (2000). 2 Datuk Amar Stephen K. T. Yong, Opening Address, pg. 8, in: Sunderlal Bahuguna, Vandana Shiva and M. N. Buch, Environment Crisis & Sustainable Development. Natraj Publishers (1992). 3 http://ecological-problems.blogspot.com/2008/08/environment-definition-and- meaning.html 4 United Nations, European Commission, International Monetary Fund, Organisation for Economic Co-operation and Development, World Bank , 2005, Handbook of National Accounting: Integrated Environmental and Economic Accounting 2003, Studies in Methods, Series F, No.61, Rev.1, Glossary, United Nations, New York, para. 7.31 5 Grove Richard, Green Imperialism: Colonial Expansion, Tropical Island Edens and the Origin of Environmentalism, pg. 1600-1860. Cambridge University Press (1995). 6 Gregory Allen Barton, Empire Forestry and the Origins of Environmentalism. Cambridge University Press (2002). 7 P. V. Bole, Review of Flora Indica (1976); William Roxburgh and William Carey, Descriptions of Indian Plants in: The Quarterly Review of Biology, 51(3):442-443. 8 Jayeeta Sharma, British Science, Chinese Skill and Assam Tea: Making Empire’s Garden in: Indian Economic Social History Review 43; 429. (2006). 9 Perlin, John, 1999, From Space to Earth: The Story of Solar Electricity, Ann Arbor, Mich., AATEC Publications 10 P. V. Bole, Review of Flora Indica (1976); William Roxburgh and William Carey, Descriptions of Indian Plants in: The Quarterly Review of Biology, 51(3):442-443. 11 Dr S.K.Puri, Biodiversity Profile of India. 12 J.C. Briggs, The Bio-geographic And Tectonic History of India in: Journal of Biogeography, 30:381–388. (2003). 13 P.R. Krausman & A.J.T. Johnsingh, Conservation and Wildlife Education in India, in: Wildlife Society Bulletin, 18:342-347. (1990).

31 Understanding Environment UNIT 2 NATURE AND ECOSYSTEM

Structure 2.1 Introduction 2.2 Objectives 2.3 India’s Natural History (Ancient and Medieval) 2.4 Natural Resources 2.5 Natural Resource Management 2.6 Ecosystem 2.7 Biodiversity and Natural Resources 2.8 Biodiversity Hotspots 2.9 Threatened and Extinct Species 2.10 Summary 2.11 Terminal Questions 2.12 Answers and Hints 2.13 References and Suggested Readings 2.14 Bibliography 2.1 INTRODUCTION The word nature is used in a good many senses and it includes ideas that vary widely according to the educational background of those using it and the amount of scientific training they have had, especially in biology. The concept of nature generally held by the non-specialist, the politician or the technocrat is undoubtedly only distantly related to that held by the ecologist. For that reason, it is sometimes more convenient to use the terms biosphere and ecosphere, since these indicate the two regions of our planet which contain everything ordinarily understood as ‘nature’.1

The biosphere can be simply defined as that part of the Earth in which life is permanently possible and which contains all living organisms. It consists of the terrestrial oceans and the surfaces of the continents, together with the adjacent atmosphere (that is, the troposphere), with the exception of the polar ice caps and the higher mountain slopes above the snow line. These latter regions, described as parabiospheric, are included along with the biosphere itself in a larger system, the ecosphere, which also embraces the upper layers of the lithosphere and the whole of the atmosphere above the troposphere.

The aim of ecology is to investigate the relation of living organisms to each other and to their surroundings and it thus provides, more than anything else, an essential basis for any rational approach to the study of the biosphere. Since the ecosphere is the origin of all natural resources except solar energy, it is easy to appreciate the importance of ecological science to the understanding of problems caused by the consumption of such resources in our present technological civilisation. The natural resources of the ecosphere are being wastefully consumed at an 32 increasing rate under the combined effect of population pressure and the dramatic Nature and Ecosystem increase in industrial production. The current rate of use takes absolutely no account of the real size of available reserves of minerals or fossil fuels, nor does it concern itself with the rate of renewal of plant or animal resources. The needs of future generations are similarly ignored. In addition to that, malnutrition is spreading in the Third World and, in a future that is closer than some people think, the industrialised and overpopulated countries of Europe and other continents will no longer be protected from shortages of animal protein. Like all other living beings, humans require matter and energy. They are animals and are therefore heterotrophic organisms.2 As such, their metabolic requirements are met by the air they breathe and by the water and organically derived food they ingest. Like other living species, they depend on the cosmic system from which they have descended: essentially the sun together with the ecosphere, the superficial part of our planet where the environmental conditions exist that make life possible.

2.2 OBJECTIVES

After studying the unit, the learners should be able to: • examine India’s natural history; • study the meaning and classification of natural resources; • throw light on the concept of ecosystems; • study the concept of sustainable development and its relevance in today’s age; and • examine environmentalism and its contribution in conservation of the environment. 2.3 INDIA’S NATURAL HISTORY (ANCIENT AND MEDIEVAL) Natural history in India has a long heritage with a recorded history going back to the Vedas. Natural history research in early times included the broad fields of paleontology, zoology and botany. These studies would today be considered under field of ecology but in former times, such research was undertaken mainly by amateurs, often physicians, civil servants and army officers.

9000 year old rock painting from Bhimbetka showing a hunt. 33 Understanding Although the growth of modern natural history in India can be attributed to British Environment colonialism and the growth of natural history in Britain, there is considerable evidence to suggest that India with its diverse landscapes, fauna and flora along with other tropical colonies helped in creating an increased interest in natural history in Britain and elsewhere in the world.1 [1] Natural history in India was also enriched by older traditions of conservation, folklore, nature study and the arts.2 [2]

Indus Valley Civilisation

Clay tablets from Lothal showing various animals Over a thousand sites of the Indus Valley civilisation across North West India before 1700 B.C. have been studied to date. A large number of animal bones have been found at these sites; one-fifth of these comprising bones of wild fauna, such as the jackal, hare, chital, rhinoceros and elephant. Most seeds found in the dwellings of some Western Indian sites are of wild plants now extinct to the region.1 [7] The fauna and flora of those times are richly represented in the clay pottery and tablets excavated from these sites. Clay tablets document many species of now locally extinct wildlife including Rhinoceros and Elephant. A tiger seal has been found in Harrappa dating back to 3000 B.C.[7] The Swamp Deer or Barasingha was found in Mehrgarh in Baluchistan till 300 B.C. and probably became locally extinct due to over-hunting and loss of riverine habitat to cultivation.[7] A species of wild cattle, Bos primegenius nomadicus or the zebu vanished early on from its range in the Indus basin and western India, possibly due to inter-breeding with domestic cattle and resultant fragmentation of wild populations due to loss of habitat.[7] The first recorded domestication of the elephant was in Harappan times and the animal ultimately went on to serve as a siege engine, mount in war, status symbol, work animal, and an elevated platform for hunting.[8]

Vedic times The Vedas represent some of the oldest historical records available (1500-500 BC) and they list the names of nearly 250 kinds of birds besides many other notes on various other fauna and flora.[3] In the vedic texts, Aryavarta, the land 34 of the Aryans, was considered to be co-terminous with the range of the Blackbuck. Nature and Ecosystem Sometimes, these referred to the lands North of the Vindhyas; at others times, it included lands to the South.[4] A notable piece of information mentioned in the Vedas is the knowledge of brood parasitism in the Indian Koel, a habit known well ahead of Aristotle (384-322 BC). This is possibly because both the Indian Koel and its host the House Crow were common and easy to observe.2 [3]

The medical treatises of Charaka and Sushruta mention wildlife from the point of view of the meats the forests yielded and their associated attributes. The stratification of Hindu society into the caste system saw the warrior caste or kshatriya setting itself apart on hereditary lines; one assertion of which was the right to eat certain animals. The treatises espoused rules as to when, and who could or could not eat flesh of particular animals; for example, the flesh of the lion and tiger were to be consumed solely by regents and that too on rare occasions.[5]

The elephant was another well studied wild animal and the capture, training and maintenance of elephants was documented in the 2000 year old text Gajashastra written in the Pâli script.[6] The Tamil literature of the Sangam period, depicts a classification of land into 5 eco-types; ranging from the littoral to wet paddy fields.[4]

The Maurya Period The protection of animals became serious business by the time of the Maurya dynasty in the fourth and third centuries B.C. The first empire to provide a unified political entity in India, the attitude of the Mauryas towards forests, its denisens and fauna in general is of interest.

The Mauryas firstly looked at forests as a resource. For them, the most important forest product was the elephant. Military might in those times depended not only upon horses and men but also battle-elephants; these played a role in the defeat of Seleucus, Alexander’s governor of the Punjab. The Mauryas sought to preserve supplies of elephants since it was more cost and time-effective to catch, tame and train wild elephants than raise them. Kautilya’s Arthashastra contains not only maxims on ancient statecraft, but also unambiguously specifies the responsibilities of officials such as the Protector of the Elephant Forests:3 [9]

On the border of the forest, he should establish a forest for elephants guarded by foresters. The Superintendent should with the help of guards...protect the elephants whether along on the mountain, along a river, along lakes or in marshy tracts...They should kill anyone slaying an elephant.

— Arthashastra The Mauryas also designated separate forests to protect supplies of timber, as well as lions and , for skins. Elsewhere the Protector of Animals also worked to eliminate thieves, tigers and other predators to render the woods safe for grasing cattle.

The Mauryas valued certain forest tracts in strategic or economic terms and instituted curbs and control measures over them. They regarded all forest tribes with distrust and controlled them with bribery and political subjugation. They employed some of them, the food-gatherers or aranyaca to guard borders and 35 Understanding trap animals. The sometimes tense and conflict-ridden relationship nevertheless Environment enabled the Mauryas to guard their vast empire.[10]

The Mauryan emperor Ashoka (304-232 BC), embraced Buddhism in the latter part of his reign and brought about significant changes in his style of governance. He provided protection to fauna and even relinquished the royal hunt. He was perhaps the first ruler to advocate conservation measures for wildlife and even had rules inscribed in stone edicts. The edicts proclaim that many followed the king’s example in giving up the slaughter of animals; one of them proudly states:[10]

Our king killed very few animals. — Edict on Fifth Pillar However, the edicts of Ashoka and the contents of Arthashastra reflect more the desire of rulers than actual events; the mention of a 100 ‘panas’ fine for poaching deer in royal hunting preserves shows that rule-breakers did exist. The legal restrictions conflicted with the freedoms exercised by the common people in hunting, felling, fishing and setting fires in forests.[10]

Chalukya Period

Arguably, the best treatise on hunting in Sanskrit was the Manasollasa composed in the times of the Chalukyas, the twelfth century rulers of the Deccan.[11] Another work from this period was Mriga Pakshi Shastra, a treatise on mammals and birds written in the 13th Century by a Jain poet, Hamsadeva. The accuracy of the content has however been critiqued by many including .4 [3][12][13] Mughal Period

Babur hunting rhino near Peshawar 36 The Mughal emperors not only led a leisurely life but also pursued gardening Nature and Ecosystem and art. They decorated their gardens with their private zoos and hired artists to paint many subjects including plants and animals. Hunting and falconry were also extensively practised.1 [14] They also employed scribes and were among the first to document their observations of nature in India. The foremost of the observers were Jehangir (1569-1627) and Babur (1483-1530).2 [15]

Babur The notes of Babur for instance indicate the former distribution of the Rhinoceros as far west as the Indus: The Lesser Rhinoceros is found at present in the Bengal Sunderbuns, and a very few individuals are stated to occur in the forest tract along the Mahanuddy river, and extending northwards towards Midnapore; and also on the northern edge of the Rajmahal hills near the Ganges. It occurs also more abundantly in Burmah, and thence through the Malayan peninsula to Java and Borneo. Several have been killed quite recently within a few miles of Calcutta. One of these species formerly existed on the banks of the Indus, where it was hunted by the Emperor Baber. Individuals of this species are not unfrequently taken about the country as a show. — Thomas C. Jerdon, 1874. Mammals of India Jehangir

Painting of a Dodo attributed to Ustad Mansur Jehangir also kept detailed records to hunts. From the age of twelve (1580) to 48 years he had 28,532 animals had been hunted with 17,167 by himself. These included 86 Tigers (and lions), 9 Bears, , foxes, otters (ubdilao) and hyaenas, 889 - Blue bulls (Nilgai) and 35 Mhaka. Salim Ali suggests that the 1 [16] Mhaka must refer to Swamp deer. 37 Understanding Ustad Mansur, a 17th century court artist of Jehangir,2 [17] was the first man to Environment accurately paint the Siberian Crane.[18] The Dodo was brought to Jehangir’s court via Portuguese controlled Goa and an unsigned painting of it in the Hermitage Museum is attributed to Mansur.3 [19][20][21]

2.4 NATURAL RESOURCES A resource can be defined simply as any form of energy or matter necessary to satisfy the physiological needs of humanity or to sustain all the various activities leading to production. The flow patterns of such resources through human civilisation are very complex and so can be studied from several different angles. Between the stage at which the resource is extracted and that of its use by a consumer, it undergoes many transformations, and these often have an impact on the overall functioning of the ecosystems in which the processes occur.

A classic distinction is frequently made between non-renewable and renewable resources. Potential sources of energy such as hydrocarbons and fissile materials clearly come into the first category. But for other types of resources the distinction is often difficult to make. Even minerals could be allocated to the second category since they can theoretically be recycled from both domestic and industrial waste and this would circumvent the problem of their exhaustion. Non-renewable resources are those dependent on a finite stock and not reproducible – like fossil fuels, or raw materials whose usage involves dispersal (e.g. phosphate fertilisers).

Renewable resources are those that are reproducible: in other words, obtained from the biomass of living organisms. Water and all resources of a biological origin are usually classified as renewable. Even when polluted, water is not chemically modified in any way by being used and so can be recycled after purification. Plant and animal resources, on the other hand, although potentially renewable, are very often so overexploited that the possibility of regeneration in many parts of the world has been greatly reduced and sometimes completely compromised by the destruction of the ecosystem on which they depend. Solar energy is a special case, and although it has a fixed rate of flow (the intensity of solar radiation) it can be classified roughly as a renewable resource inasmuch as solar ‘reserves’ are inexhaustible on a human scale.

A resource can be most simply defined as a form of energy and/or matter which is essential for the functioning of organisms, populations and ecosystems. In the particular case of humans, a resource is any form of energy or matter essential for the fulfilment of physiological, socio-economic and cultural needs, both at the individual level and that of the community.

When the functioning of natural ecosystems or of technological civilisations is analysed, it is found that their usage of natural resources involves a permanent transformation of matter (in living organisms, through their metabolic activity; in human societies, through industrial processes). This transformation is the result of a continuous flow and consumption of energy (originating from the sun as regards the biosphere or from fossil fuels as regards technological civilisation).

Such considerations lead us to another definition of the term ‘resource’. As already mentioned, a resource may consist of one of the various forms of primary energy present in the ecosphere. In addition, however, it may be defined as anything 38 needed by a living organism such that an increase in its availability leads to an Nature and Ecosystem increase in energy flow through the organism, and thus a greater rate of energy conversion. In this definition, the term ‘living organism’ may be interpreted at any level of complexity; from the individual, through a given population, to a complete ecosystem. On the basis of origin, resources may be divided into: • Biotic - Biotic resources are obtained from the biosphere, such as forests and their products, animals, birds and their products, fish and other marine organisms. Mineral fuels such as coal and petroleum are also included in this category because they formed from decayed organic matter. • Abiotic - Abiotic resources include non-living things. Examples include land, water, air and ores such as gold, iron, copper, silver etc. Considering their stage of development, natural resources may be referred to in the following ways: • Potential Resources - Potential resources are those that exist in a region and may be used in the future. For example, petroleum may exist in many parts of India, having sedimentary rocks but until the time it is actually drilled out and put into use, it remains a potential resource. • Actual Resources are those that have been surveyed, their quantity and quality determined and are being used in present times. The development of an actual resource, such as wood processing depends upon the technology available and the cost involved. That part of the actual resource that can be developed profitably with available technology is called a reserve. With respect to renewability, natural resources can be categorised as follows: • Renewable resources are ones that can be replenished or reproduced easily. Some of them, like sunlight, air, wind, etc., are continuously available and their quantity is not affected by human consumption. Many renewable resources can be depleted by human use, but may also be replenished, thus maintaining a flow. Some of these, like agricultural crops, take a short time for renewal; others, like water, take a comparatively longer time, while still others, like forests, take even longer. • Non-renewable resources are formed over very long geological periods. Minerals and fossil fuels are included in this category. Since their rate of formation is extremely slow, they cannot be replenished once they get depleted. Of these, the metallic minerals can be re-used by recycling them.4 [1] But coal and petroleum cannot be recycled.5 [2]

Self Assessment Question 1) Why is it important to protect natural resources? ...... 39 Understanding Environment 2.5 NATURAL RESOURCE MANAGEMENT Natural resource management is a discipline in the management of natural resources such as land, water, soil, plants and animals, with a particular focus on how management affects the quality of life for both present and future generations. Natural resource management is interrelated with the concept of sustainable development, a principle that forms a basis for land management and environmental governance throughout the world.

In contrast to the policy emphases of urban planning and the broader concept of environmental management, Natural resource management specifically focuses on a scientific and technical understanding of resources and ecology and the life-supporting capacity of those resources.

Depletion In recent years, the depletion of natural resources and attempts to move to sustainable development have been a major focus of development agencies. This is of particular concern in rainforest regions, which hold most of the Earth’s natural biodiversity — irreplaceable genetic natural capital. Conservation of natural resources is the major focus of natural capitalism, environmentalism, the ecology movement, and green politics. Some view this depletion as a major source of social unrest and conflicts in developing nations.

Mining, petroleum extraction, fishing, hunting, and forestry are generally considered natural-resource industries. Agriculture is considered a man-made resource. Theodore Roosevelt, a well-known conservationist and former United States president, was opposed to unregulated natural resource extraction. The term is defined by the United States Geological Survey as “The Nation’s natural resources include its minerals, energy, land, water, and biota.”6 [4]

Protection The conservation of natural resources is the fundamental problem. Unless we solve that problem, it will avail us little to solve all others.7 Conservation biology is the scientific study of the nature and status of Earth’s biodiversity with the aim of protecting species, their habitats, and ecosystems from excessive rates of extinction.8 [6][7] It is an interdisciplinary subject drawing on sciences, economics, and the practice of natural resource management.9 [8][9][10][11] The term conservation biology was introduced as the title of a conference held University of California at San Diego in La Jolla, California in 1978 organised by biologists Bruce Wilcox and Michael Soulé.

Habitat conservation is a land management practice that seeks to conserve, protect and restore, habitat areas for wild plants and animals, especially conservation reliant species, and prevent their extinction, fragmentation or reduction in range.10 [12] It is a priority of many groups that cannot be easily characterised in terms of any one ideology.

2.6 ECOSYSTEM An ecosystem is a natural unit consisting of all plants, animals and micro- organisms (biotic factors) in an area functioning together with all of the non- 40 living physical (abiotic) factors of the environment. [27] Central to the ecosystem concept is the idea that living organisms are continually Nature and Ecosystem engaged in a highly interrelated set of relationships with every other element constituting the environment in which they exist. Eugene Odum, one of the founders of the science of ecology, stated: “Any unit that includes all of the organisms (ie: the “community”) in a given area interacting with the physical environment so that a flow of energy leads to clearly defined trophic structure, biotic diversity, and material cycles (i.e.: exchange of materials between living and nonliving parts) within the system is an ecosystem.”[28] The human ecosystem concept is then grounded in the deconstruction of the human/nature dichotomy, and the emergent premise that all species are ecologically integrated with each other, as well as with the abiotic constituents of their biotope.

A greater number or variety of species or biological diversity of an ecosystem may contribute to greater resilience of an ecosystem, because there are more species present at a location to respond to change and thus “absorb” or reduce its effects. This reduces the effect before the ecosystem’s structure is fundamentally changed to a different state. This is not universally the case and there is no proven relationship between the species diversity of an ecosystem and its ability to provide goods and services on a sustainable level.

Humid tropical forests produce very few goods and direct services and are extremely vulnerable to change, while many temperate forests readily grow back to their previous state of development within a lifetime after felling or a forest fire. Some grasslands have been sustainably exploited for thousands of years (Mongolia, European peat and moorland communities). The term ecosystem can also pertain to human-made environments, such as human ecosystems and human- influenced ecosystems, and can describe any situation where there is relationship between living organisms and their environment. Fewer areas on the surface of the earth today exist free from human contact, although some genuine wilderness areas continue to exist without any forms of human intervention.

Wilderness Wilderness is generally defined as areas that have not been significantly modified by human activity. The WILD Foundation goes into more detail, defining wilderness as: “The most intact, undisturbed wild natural areas left on our planet — those last truly wild places that humans do not control and have not developed with roads, pipelines or other industrial infrastructure.” Wilderness areas can be found in preserves, estates, farms, conservation preserves, ranches, National Forests, National Parks and even in urban areas along rivers, gulches or otherwise undeveloped areas.

Wilderness areas and protected parks are considered important for the survival of certain species, ecological studies, conservation, solitude, and recreation. Some nature writers believe wilderness areas are vital for the human spirit and creativity,[42] and some Ecologists consider wilderness areas to be an integral part of the planet’s self-sustaining natural ecosystem (the biosphere). They may also preserve historic genetic traits and that they provide habitat for wild flora and fauna that may be difficult to recreate in zoos, arboretums or laboratories.

41 Understanding Environment Self Assessment Question 2) Why its important to have wilderness as part of nature? ......

Life Although there is no universal agreement on the definition of life, scientists generally accept that the biological manifestation of life is characterised by organisation, metabolism, growth, adaptation, response to stimuli and reproduction.[43] Life may also be said to be simply the characteristic state of organisms.

Properties common to terrestrial organisms (plants, animals, fungi, protists, archaea and bacteria) are that they are cellular, carbon-and-water-based with complex organisation, having a metabolism, a capacity to grow, respond to stimuli, and reproduce. An entity with these properties is generally considered life. However, not every definition of life considers all of these properties to be essential. Human-made analogs of life may also be considered to be life.

The biosphere is the part of Earth’s outer shell – including land, surface rocks, water, air and the atmosphere – within which life occurs, and which biotic processes in turn alter or transform. From the broadest geophysiological point of view, the biosphere is the global ecological system integrating all living beings and their relationships, including their interaction with the elements of the lithosphere (rocks), hydrosphere (water), and atmosphere (air). Currently the entire Earth contains over 75 billion tons (150 trillion pounds or about 6.8 x 1013 kilograms) of biomass (life), which lives within various environments within the biosphere.[44]

Over nine-tenths of the total biomass on Earth is plant life, on which animal life depends very heavily for its existence.[45] More than 2 million species of plant and animal life have been identified to date,[46] and estimates of the actual number of existing species range from several million to well over 50 million.[47][48][49] The number of individual species of life is constantly in some degree of flux, with new species appearing and others ceasing to exist on a continual basis.[50][51] The total number of species is presently in rapid decline.[52][53][54]

Biomes Biomes are terminologically similar to the concept of ecosystems, and are climatically and geographically defined areas of ecologically similar climatic conditions on the Earth, such as communities of plants, animals, and soil organisms, often referred to as ecosystems. Biomes are defined on the basis of factors such as plant structures (such as trees, shrubs, and grasses), leaf types (such as broadleaf and needleleaf ), plant spacing (forest, woodland, savanna), and climate. Unlike ecozones, biomes are not defined by genetic, taxonomic, or 42 historical similarities. Biomes are often identified with particular patterns of Nature and Ecosystem ecological succession and climax vegetation.

2.7 BIODIVERSITY AND NATURAL RESOURCES The use and conservation of biodiversity and natural resources is of increasing importance at the national and international levels. A number of legal instruments deal with the various facets of biodiversity. The central treaty is the 1992 Biodiversity Convention which provides an overall legal framework for addressing biodiversity management, supplemented by the Cartagena Protocol on Bio-safety. A number of other treaties address some aspects of biodiversity management: these range from the 1946 International Convention for the Regulation of Whaling to the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the 2006 International Tropical Timber Agreement.

The prominence of law and policy concerning the use and conservation of biological resources is due in part to the increased economic value of biological and genetic resources in the wake of the rapid development of genetic engineering. A number of non-environmental law treaties, such as trade and intellectual property rights treaties are thus of considerable importance in the study of biodiversity.

The skewed distribution of biological resources between tropical (mostly developing) and temperate (mostly developed) countries implies that most of the debated legal issues have a strong North-South component. This is generally a consequence of the fact that developing countries hold most biological resources while developed countries hold most of the technologies needed for commercialising them.

India’s Water Resources India’s total renewable water resources are estimated at 1,907.8 km3/year.11 Its annual supply of usable and replenishable groundwater amounts to 350 billion cubic metres.12 Only 35% of groundwater resources are being utilised. About 44 million tonnes of cargo is moved annually through the country’s major rivers and waterways. Groundwater supplies 40% of water in India’s irrigation canals. 56% of the land is arable and used for agriculture. Black soils are moisture- retentive and are preferred for dry farming and growing cotton, linseed, etc. Forest soils are used for tea and coffee plantations. Red soil has a wide diffusion of iron content.13

Most of India’s estimated 5.4 billion barrels (860,000,000 m 3) in oil reserves are located in the High, upper Assam, Cambay, the Krishna-Godavari and Cauvery basins. India possesses about seventeen trillion cubic feet of natural gas in Andhra Pradesh, Gujarat and Orissa. Uranium is mined in Andhra Pradesh. India has 400 medium-to-high enthalpy thermal springs for producing geothermal energy in seven “provinces” — the Himalayas, Sohana, Cambay, the Narmada- Tapti delta, the Godavari delta and the Andaman and Nicobar Islands (specifically the volcanic Barren Island.)14

India is the world’s biggest producer of mica blocks and mica splittings. India ranks second amongst the world’s largest producers of barites and chromites. 43 Understanding The Pleistocene system is rich in minerals. India is the third-largest coal producer Environment in the world and ranks fourth in the production of iron ore. It is the fifth-largest producer of bauxite and crude steel, the seventh-largest of manganese ore and the eighth-largest of aluminium. India has significant sources of titanium ore, diamonds and limestone.15 India possesses 24% of the world’s known and economically-viable thorium, which is mined along shores of Kerala.16 Gold had been mined in the now-defunct Kolar Gold Fields in Karnataka.17

2.8 BIODIVERSITY HOTSPOTS The Western Ghats The Western Ghats are a chain of hills that run along the western edge of peninsular India. Their proximity to the ocean and through orographic effect, they receive high rainfall. These regions have moist deciduous forest and rain forest. The region shows high species diversity as well as high levels of endemism. Nearly 77% of the amphibians and 62% of the reptile species found here are found nowhere else.18 [12]

The region shows biogeographical affinities to the Malayan region, and the Satpura hypothesis proposed by Sunder Lal Hora suggests that the hill chains of Central India may have once formed a connection with the forests of northeastern India and into the Indo-Malayan region. Hora used torrent stream fishes to support the theory, but it was also suggested to hold for birds.19 [13] Later studies have suggested that Hora’s original model species were a demonstration of convergent evolution rather than speciation by isolation.

More recent phylogeographic studies have attempted to study the problem using molecular approaches.20 [14] There are also differences in taxa which are dependent on time of divergence and geological history.21 [15] Along with Sri Lanka this region also shows some faunal similarities with the Madagascan region especially in the reptiles and amphibians. Examples include the Sibynophis snakes, the Purple frog and Sri Lankan lizard genus Nessia which appears similar to the Madagascan genus Acontias. Numerous floral links to the Madagascan region also exist.

An alternate hypothesis that these taxa may have originally evolved out-of-India has also been suggested.22 [18] Biogeographical quirks exist with some taxa of Malayan origin occurring in Sri Lanka but absent in the Western Ghats. These include insects groups such as the zoraptera and plants such as those of the genus Nepenthes.

The Eastern Himalayas

The Red Panda or Firefox is native to the Himalayas in India and Nepal and southern China.

44 The Eastern Himalayas is the region encompassing Bhutan, northeastern India, Nature and Ecosystem and southern, central, and eastern Nepal. The region is geologically young and shows high altitudinal variation. It has nearly 163 globally threatened species including the One-horned Rhinoceros (Rhinoceros unicornis), the Wild Asian Water buffalo (Bubalus bubalis (Arnee)) and in all 45 mammals, 50 birds, 17 reptiles, 12 amphibians, 3 invertebrate and 36 plant species.1 [19][20] The Relict Dragonfly (Epiophlebia laidlawi) is an endangered species found here with the only other species in the genus being found in Japan. The region is also home to the Himalayan Newt (Tylototriton verrucosus), the only salamander species found within Indian limits.

Self Assessment Question 3) List some of the biodiversity hotspots and comment? ......

2.9 THREATENED AND EXTINCT SPECIES Extinct and fossil forms During the early Tertiary period, the Indian tableland, what is today peninsular India, was a large island. Prior to becoming an island it was connected to the African region. During the tertiary period this island was separated from the Asian mainland by a shallow sea. The Himalayan region and the greater part of Tibet lay under this sea. The movement of the Indian subcontinent into the Asian landmass created the great Himalayan ranges and raised the sea bed into what are today the plains of northern India.

Elephas ganesa a fossil elephant from the Siwaliks Once connected to the Asian mainland, many species moved into India. The Himalayas were created in several upheavals. The Siwaliks were formed in the last and the largest number of fossils of the Tertiary period are found in these ranges.1 [22] The Siwalik fossils include Mastodons, hippopotamus, rhinoceros, Sivatherium, a large four-horned ruminant, giraffe, horses, camels, bison, deer, antelope, pigs, chimpanzees, orangutans, baboons, langurs, macaques, cheetahs, -toothed tigers, lions, tigers, sloth bear, Aurochs, leopards, wolves, dholes, porcupines, rabbits and a host of other mammals.[22] 45 Understanding Many fossil tree species have been found in the intertrappean beds2 [23] including Environment Grewioxylon from the Eocene and Heritieroxylon keralensis from the middle Miocene in Kerala and Heritieroxylon arunachalensis from the Mio-Pliocene of Arunachal Pradesh and at many other places. The discovery of Glossopteris fern fossils from India and Antarctica led to the discovery of Gondwanaland and led to the greater understanding of continental drift. Fossil Cycads3 [24] are known from India while seven Cycad species continue to survive in India.4 [25][26]

Titanosaurus indicus was perhaps the first dinosaur discovered in India by Richard Lydekker in 1877 in the Narmada valley. This area has been one of the most important areas for paleontology in India. Another dinosaur known from India is Rajasaurus narmadensis, a heavy-bodied and stout carnivorous abelisaurid (theropod) dinosaur that inhabited the area near present-day Narmada river. It was 9 m in length and 3 m in height and somewhat horizontal in posture with a double-crested on the skull.

Some fossil snakes from the Cenozoic era are also known.5 [28] Some scientists have suggested that the Deccan lava flows and the gases produced were responsible for the global extinction of dinosaurs however these have been disputed.

Himalayacetus subathuensis the oldest-known whale fossil of the family Protocetidae (Eocene), about 53.5 million years old was found in the Simla hills in the foothills of the Himalayas. This area was underwater (in the Tethys sea) during the Tertiary period (when India was an island off Asia). This whale may have been capable of living partly on land.6 [31] [32] Other fossil whales from India include Remingtonocetus approximately 43-46 million years old.

Several small mammal fossils have been recorded in the intertrappean beds, however larger mammals are mostly unknown. The only major primate fossils have been from the nearby region of Myanmar.

Recent extinctions

Illustration of a Himalayan Quail from A. O. Hume’s work. (Last seen in 1876)

The exploitation of land and forest resources by humans along with hunting and trapping for food and sport has led to the extinction of many species in India in recent times. Probably the first species to vanish during the time of the Indus Valley civilisation was the species of wild cattle, Bos primegenius nomadicus or

46 the wild zebu, which vanished from its range in the Indus valley and western Nature and Ecosystem India, possibly due to inter-breeding with domestic cattle and resultant fragmentation of wild populations due to loss of habitat.[33]

Notable mammals which became or are presumed extinct within the country itself include the Indian / Asiatic Cheetah, Javan Rhinoceros and Sumatran Rhinoceros.1 [34] While some of these large mammal species are confirmed extinct, there have been many smaller animal and plant species whose status is harder to determine. Many species have not been seen since their description. Hubbardia heptaneuron, a species of grass that grew in the spray zone of the Jog Falls prior to the construction of the Linganamakki reservoir, was thought to be extinct but a few were rediscovered near Kolhapur. [35]

Some species of birds have gone extinct in recent times, including the Pink- headed Duck (Rhodonessa caryophyllacea) and the Himalayan Quail (Ophrysia superciliosa). A species of warbler, Acrocephalus orinus, known earlier from a single specimen collected by from near Rampur in Himachal Pradesh was rediscovered after 139 years in Thailand.[36][37] Similarly, the Jerdon’s Courser (Rhinoptilus bitorquatus), named after the zoologist Thomas C. Jerdon who discovered it in 1848, was rediscovered in 1986 by Bharat Bhushan, an ornithologist at the Bombay Natural History Society after being thought to be extinct.

An estimate of the numbers of species by group in India is given below. This is based on Alfred, 1998.2 [38] Taxonomic Group World Indian % in Species Species India PROTISTA Protozoa 31250 2577 8.24 Total (Protista) 31250 2577 8.24 ANIMALIA Mesozoa 71 10 14.08 Porifera 4562 486 10.65 Cnidaria 9916 842 8.49 Ctenophora 100 12 12 Platyhelminthes 17500 1622 9.27 Nemertinea 600 Rotifera 2500 330 13.2 Gastrotricha 3000 100 3.33 Kinorhyncha 100 10 10 Nematoda 30000 2850 9.5 Nematomorpha 250 Acanthocephala 800 229 28.62

Sipuncula 145 35 24.14 47 Understanding Environment Mollusca 66535 5070 7.62 Echiura 127 43 33.86 Annelida 12700 840 6.61 Onychophora 100 1 1 Arthropoda 987949 68389 6.9 Crustacea 35534 2934 8.26 Insecta 6.83 Arachnida 73440 7.9 Pycnogonida 600 2.67 Pauropoda 360 Chilopoda 3000 100 3.33 Diplopoda 7500 162 2.16 Symphyla 120 4 3.33 Merostomata 4 2 50 Phoronida 11 3 27.27 Bryozoa (Ectoprocta) 4000 200 5 Endoprocta 60 10 16.66 Brachiopoda 300 3 1 Pogonophora 80 Praipulida 8 Pentastomida 70 Chaetognatha 111 30 27.02 Tardigrada 514 30 5.83 Echinodermata 6223 765 12.29 Hemichordata 120 12 10 Chordata 48451 4952 10.22 Protochordata 2106 119 5.65 (Cephalochordata+Urochordata) Pisces 21723 2546 11.72 Amphibia 5150 209 4.06 Reptilia 5817 456 7.84 Aves 9026 1232 13.66 Mammalia 4629 390 8.42 Total (Animalia) 1196903 868741 7.25 Grand Total (Protosticta+Animalia) 1228153 871318 7.09

48 Nature and Ecosystem

Deccan Mahseer Tor khudree Invertebrates • Molluscs o List of non-marine molluscs of India • Arachnids o Spiders of India • Insects o Coccinellidae – Ladybird beetles of India o Odonata – Dragonflies and damselflies of India o Lepidoptera – Butterflies of India – Papilionid butterflies of India – Pierid butterflies of India – Nymphalid butterflies of India – Lycaenid butterflies of India – Hesperid butterflies of India – Riodinid butterflies of India – Moths of India o Hymenoptera – Ants of India Threatened plant species Threat Category (IUCN) Number of Species Extinct 19 Extinct/Endangered 43 Endangered 149 Endangered/Vulnerable 2 Vulnerable 108 Rare 256 Indeterminate 719 Insufficiently known 9 No information 1441 Not threatened 374 Total 3120 49 Understanding Threatened Animal species Environment

Number of species per group according to IUCN threat categories (1994)

2.10 SUMMARY • Everything in the natural world is connected. An ecosystem is a community of living and non-living things that work together. Ecosystems have no particular size. An ecosystem can be as large as a desert or a lake or as small as a tree or a puddle. If you have a terrarium, that is an artificial ecosystem. The water, water temperature, plants, animals, air, light and soil all work together. If there isn’t enough light or water or if the soil doesn’t have the right nutrients, the plants will die. If the plants die, animals that depend on them will die. If the animals that depend on the plants die, any animals that depends on those animals will die. Ecosystems in nature work the same way. All the parts work together to make a balanced system! • A healthy ecosystem has lots of species diversity and is less likely to be seriously damaged by human interaction, natural disasters and climate changes. Every species has a niche in its ecosystem that helps keep the system healthy. We are learning about new species every day, and we are just figuring out the roles they play in the natural world. By studying and maintaining biodiversity, we help keep our planet healthy. 2.11 TERMINAL QUESTIONS

1) Give an overview of India’s Ancient and Medieval History. 2) Comment on Natural Resource Management. 3) Why do certain species become threatened and extinct? 4) What is the relation between Nature and Ecosystem? 2.12 ANSWERS AND HINTS Self Assessment Questions 1) Refer to Section 2.4 50 2) Refer to Section 2.6 Nature and Ecosystem 3) Refer to Section 2.8 Terminal Questions 1) Natural history in India has a long heritage with a recorded history going back to the Vedas. Natural history research in early times included the broad fields of paleontology, zoology and botany. These studies would today be considered under field of ecology but in former times, such research was undertaken mainly by amateurs, often physicians, civil servants and army officers. List and explain: Indus valley civilization etc. 2) Natural resource management is a discipline in the management of natural resources such as land, water, soil, plants and animals, with a particular focus on how management affects the quality of life for both present and future generations. Natural resource management is interrelated with the concept of sustainable development, a principle that forms a basis for land management and environmental governance throughout the world. In contrast to the policy emphases of urban planning and the broader concept of environmental management, Natural resource management specifically focuses on a scientific and technical understanding of resources and ecology and the life-supporting capacity of those resources. Further explain Depletion, Protection etc. 3) The exploitation of land and forest resources by humans along with hunting and trapping for food and sport has led to the extinction of many species in India in recent times. Probably the first species to vanish during the time of the Indus valley civilization was the species of wild cattle, Bos primegenius nomadicus or the wild zebu, which vanished from its range in the Indus valley and western India, possibly due to inter-breeding with domestic cattle and resultant fragmentation of wild populations due to loss of habitat. List out the reasons and explain like poaching, over extraction etc. 4) Explain Nature, define how nature has been defined. Explain how ecosystems are formed and protected, draw a linkage between nature and ecosystem. The heat and light from the sun are critical parts of an ecosystem. The sun’s heat helps water evaporate and return to the atmosphere where it is cycled back into water. The heat also keeps plants and animals warm. Without light from the sun there would be no photosynthesis and plants wouldn’t have the energy they need to make food. Elaborate on other things.

2.13 REFERENCES AND SUGGESTED READINGS • Allaby (1998), Floods, Facts on File. • Balfour (1976), Encyclopaedia Asiatica: Comprising Indian Subcontinent, Eastern and Southern Asia, Cosmo Publications. • Nash, JM (2002), El Niño: Unlocking the Secrets of the Master Weather Maker, Warner. 2.14 BIBLIOGRAPHY 1 François Ramade, Ecology of Natural Resources, Pg. 1. Wiley (1981). 51 Understanding 2 Heterotroph: A living organism that needs an external supply of organic Environment substances to synthesise its own organic requirements. All animals, fungi and certain bacteria are heterotrophic. 3 Schiebinger, Londa and Claudia Swan (Eds.) 2004 Colonial Botany Science, Commerce, and Politics in the Early Modern World. 352 pages. University of Pennsylvania. 4 Archer, Mildred & W. G. Archer (1955) Natural history paintings. In Indian painting for the British 1770-1880, pp. 91-98. Oxford, Oxford University Press. 5 Rangarajan, M. (2001) India’s Wildlife History, pp 4. 6 Salim Ali, Bird study in India : its history and its importance. ICCR, New Delhi (1979). 7 Rangarajan, M. (2001) India’s Wildlife History, pp 7. 8 Sundaracharya, H. (1927), Mriga Pakshi Shastra by Hamsadeva (English translation); Shankar, Darshan, Current Science 96 (2): 292 (2009). 9 Delme-Radcliffe, Lt. Col. E., Notes on the Falconidae used in India in Falconry. Standfast Press, 1971. 10 Blunt, Wilfrid, The Mughal Painters of Natural History. Burlington magazine 90 (539): 49-50 (1948). 11 Salim Ali, The Moghul Emperors of India And Naturalists and Sportsmen. Part 1". J. Bombay Nat. Hist. Soc. 31 (4): 833–861 (1927). 12 Verma, S. P., Mughal Painter of Flora and Fauna - Ustad Mansur. Abhinav Publications (1999). 13 Das, A.K., Ustad Mansur, Lalit, 17, 1974. p. 37 (1974). 14 “Earth’s natural wealth: an audit”. New Scientist. May 23, 2007 15 “Peak Everything?”. Reason Magazine. April 27, 2010 16 “Natural Resources”. U.S. Geological Survey. http://www.usgs.gov/themes/ resource.html. 17 Theodore Roosevelt, Address to the Deep Waterway Convention Memphis, TN, October 4, 1907. 18 M. E. Soulé and B. A. Wilcox. 1980. Conservation Biology: An Evolutionary- Ecological Perspective. Sinauer Associatess. Sunderland, Massachusetts; M. E. Soule. (1986). What is conservation Biology? BioScience, 35(11): 727- 734. 19 Soule, Michael E. (1986). Conservation Biology: The Science of Scarcity and Diversity. Sinauer Associates. pp. 584; Hunter, M. L. (1996). Fundamentals of Conservation Biology. Blackwell Science Inc., Cambridge, Massachusetts; Groom, M.J., Meffe, G.K. and Carroll, C.R. (2006) Principles of Conservation Biology (3rd ed.). Sinauer Associates, Sunderland, MA; van Dyke, Fred (2008). Conservation Biology: Foundations, Concepts, Applications, 2nd ed.. Springer Verlag. pp. 478. 20 Habitat Conservation Planning Branch. “Habitat Conservation”. California Department of Fish & Game. http://www.dfg.ca.gov/habcon/. 21 http://www.eoearth.org/article/Water_profile_of_India#Water_Resources J.K. Jain; Farmer, B. H.; Rush, H.; West, H. W.; Allan, J. A.; Dasgupta, B.; Boon, 52 W. H. (May 1977). “India’s Underground Water Resources”. Philosophical Nature and Ecosystem Transactions of the Royal Society of London 278 (962): 507–22. 22 http://www.krishiworld.com/html/soils10.html 23 http://www.eoearth.org/article/Energy_profile_of_India. Retrieved 2008-11- 20 24 D. Chandrasekharam. “Geothermal Energy Resources of India”. Indian Institute of Technology Bombay. http://www.geos.iitb.ac.in/geothermalindia/pubs/IBC/ IBCTALKweb.htm 25 https://www.cia.gov/library/publications/the-world-factbook/geos/in.html 26 http://www.world-nuclear.org/info/inf62.htm. Retrieved 2006-06-01. 27 http://www.rediff.com/news/2000/may/08gita.htm. Retrieved 2008-11-21 28 Daniels, R. J. R. (2001) Endemic fishes of the Western Ghats and the Satpura hypothesis. Current Science 81(3):240-244. 29 Ripley, Dillon S. (1949) Avian relicts and double invasions in Peninsular India and Ceylon. Evolution 2:150-159 30 Karanth, P. K. (2003) Evolution of disjunct distributions among wet-zone species of the Indian subcontinent: Testing various hypotheses using a phylogenetic approach Current Science, 85(9): 1276-1283. 31 Biswas, S. and Pawar S. S. (2006) Phylogenetic tests of distribution patterns in South Asia: towards an integrative approach; J. Biosci. 31 95–113. 32 Bajpai, S. and Gingerich P.D. (1998) A new Eocene archaeocete (Mammalia, Cetacea) from India and the time of origin of whales Proc. Natl. Acad. Sci. USA 95:15464–15468. 33 http://www.cepf.net/xp/cepf/where_we_work/eastern_himalayas/eastern_ himalayas_info.xml;http://assets.panda.org/downloads/final_ehimalayas. 34 Prater, S. H. (1971) The Book of Indian Animals. BNHS. 35 Stewart R. Hinsley, Notes on fossil wood. 36 Robert Buckler, A brief review of the fossil cycads (1999). 37 http://plantnet.rbgsyd.nsw.gov.au/cgi-bin/cycadpg?region=ind; Singh, Rita, P. Radha (2006) A new species of Cycas from the Malabar Coast, Western Ghats, India. Volume 58(2):119-123. 38 Rage J.-C., Bajpai S., Thewissen J. G. M. & Tiwari B. N. 2003. Early Eocene snakes from Kutch, Western India, with a review of the Palaeophiidae. Geodiversitas 25 (4) : 695-716. 39 Bajpai, S. and Gingerich P.D. (1998) A new Eocene archaeocete (Mammalia, Cetacea) from India and the time of origin of whales Proc. Natl. Acad. Sci. USA 95:15464–15468. 40 Vivek Menon (2003). A field guide to Indian mammals. Dorling Kindersley, Delhi. 41 Alfred, J.R.B. (1998) Faunal Diversity in India: An Overview: In Faunal Diversity in India, i-viii, 1-495. (Editors. Alfred, JRB, et al., 1998). ENVIS Centre, Zoological Survey of India, Calcutta.

53 Understanding Environment UNIT 3 ENVIRONMENT AND LAW

Structure 3.1 Introduction 3.2 Objectives 3.3 Nature of Environmental Laws 3.4 Environment Laws 3.4.1 Environmental Legislations (from 1853 to 1980) 3.5 Environmental Act, Rules and Notifications in India (from 1980-tilldate) 3.5.1 Water Pollution 3.5.2 Air Pollution 3.5.3 Environment Protection 3.5.4 Noise Pollution 3.5.5 Ozone Layer Depletion 3.5.6 Coastal Regulation Zone 3.5.7 Environment Impact Assessment 3.5.8 Animal Welfare 3.5.9 Bio Diversity Conservation 3.5.10 Forest Conservation 3.5.11 Wild Life Protection 3.5.12 Hazardous Substances Management-12 Rules till 2007 3.5.13 National Environment 3.5.14 Public Liability Insurance 3.6 Five Year Plans on Environmental Issues 3.6.1 Sixth Plan (1980-1985) 3.6.2 Seventh Plan (1985-1990) 3.6.3 Eighth Plan (1992-1997) 3.6.4 Ninth Plan (1997-2002) 3.6.5 Tenth Plan (2002-2007) 3.6.6 Eleventh Plan (2007-2012) 3.7 National Policies Related to Environment 3.8 International Agreements on Environmental Issues 3.9 Summary 3.10 Terminal Questions 3.11 Answers and Hints 3.12 References and Suggested Readings 3.1 INTRODUCTION Today the need is to evolve a new jurisprudence of striking balance between growth, development and the ecosystem. Paul Harrison, (in Third world tomorrow) has stressed that there is need for over all development of human beings with due respect to nature, “The final principle is respect for the nature. Growth that does not respect the natural world, its complexity and its sensitivity, 54 limits itself. Resources are exhausted, eco-systems collapse, species disappear and our own physical and mental health and even our survival are threatened.” Environment and Law In this unit the emphasis is on the Laws and polices existing in India for environment protection, the various aspects of environmental law of public nuisance, conservation of forest and other resources, coastal zone management, constitutional mandates for environmental protection, international conventions.

3.2 OBJECTIVES After studying this unit, you will be able to: • discuss nature, of environmental laws; • know the various Acts– in India for protection of environment; and • know national policies on Environment. 3.3 NATURE OF ENVIRONMENTAL LAWS The concept of environment is very wide, it includes land, water air, flora, fauna, natural resources and human habitation. There, are number of Acts direct and indirect relating to various aspect of environment. There are various protective Laws for human beings relating to air, water, land, noise, nuclear, thermal pollution and also for other living specifies of wild, marine life, flora and fauna. The focus of environmental law in India should move from protection to management of the environment and from reactive to proactive legal mechanisms.

Many Constitutions in the world acknowledges the fundamental right to environmental protection and many international treaties also acknowledge the right to live in a healthy environment.The constitution of India provides that every person has right to life as enshrined in Article 21, on the other hand it also imposes duty on the Citizens to protect the environment (see Articles 51 A(g) (ii), 39(b),(c),19(e)). Similarly the government departments also have duties towards protection of environment, Article 48A directs the government to protect and improve the environment and to safeguard the forest and wildlife of the country, Article 31 A and 31C gives eminent powers to the government to acquire forest, lands, estates and other natural resources however the acquisition must be done equitably for common good (Article 39(b)and (c) of directive principles).

The IX schedule of the constitution gives powers to the center, over the state and judiciary to declare numerous land related Laws as unreviewable in any court. The VII schedules (list 1, entries 52-58) places some environmental issues in centre’s power alone, Atomic energy, oil fields and resources, mines, interstate rivers and valleys and fishing in territorial waters are subjects related o environmental protection in union list and fall within subject of union list (list I, entries 6,53,54,56 and 57). public health and sanitation, agriculture land and fisheries with in state territories and water fall under state subjects ( list II entries 6,14,18,21 and entry 17) however certain subjects like forest, wildlife and population control falls under list III, entries 17 A,17 B, the concurrent list where both center and state can legislate. Nomadic tribes, social and economic planning, monopolies, factories and electricity, having close connection with environmental protection also falls within concurrent list (list III, entries 15, 20, 21, 29, 36, 37, and 38.) 55 Understanding Environment 3.4 ENVIRONMENT LAWS The focus on environmental protection is not new and has been an integral part of the Indian culture. The need for conservation and sustainable use of natural resources has been expressed in ancient India and is also reflected in the constitution and are backed by a number of laws – acts, rules, and notifications, i.e., legislative and policy framework and is also in the international commitments of the country. Let us see below the various pre-independence environmental legislation that existed in India on water pollution, air pollution wildlife protection and forest conservation indicating the nature and levels of governmental awareness towards environmental issues. 3.4.1 Environmental Legislations (from 1853 to 1980) Water Pollution The Shore Nuisance (Bombay and Kolkata) Act, 1853. It efforts to remove any nuisance below the high water mark. The Oriental Gas Company Act, 1857 - to control water pollution specially from discharge of oriental gas company. Indian Penal Code of 1860. The Indian Easement Act, 1882 allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property. The Indian Fisheries Act, 1897 - Killing of fish by poisoning water or by explosives was banned under the act The Indian Ports Act, 1908 - prohibits discharge of oil in port areas The Indian Forest Act, 1927 - prohibits poisoning of water within forest. The factories Act, 1948 The River Boards Act of 1956 - enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-state cooperation. Air Pollution Bengal Smoke Nuisance Act, 1905 - to prevent air pollution in Calcutta and to protect marble structure of Victoria memorial. Bombay smoke nuisance Act, 1912 - to prevent air pollution in Bombay. Wild Life The Madras Wild Elephant Act, 1873 - was first Conservation wildlife Act to protect wild Elephants. The Elephant Preservation Act, 1879 - Act to protect wild Elephants. The Wild Bird Protection Act, 1887 - prohibit trade in wild birds in notified closed season for breeding. The Wild Birds and Animal Protection Act, 1912 - Regulated hunting of listed species and closed season 56 but it ignored the need for control in wildlife trade. Environment and Law The Hailey National Park Act, 1937 - to protect the unique ecosystem of Western Himalayas in Corbett National Park then Hailey National Park Forest Indian Forest Act, 1865 Conservation Indian Forest Act, 1878 Forest Policy of India, 1884 Indian Forest Act, 1927- It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty levied on timber and other forest produce’

Analysis of Environmental governance in pre independent India clearly shows that there was genuine concern for improving air and water quality. However all forest related acts and policies increasingly monopolies common property resource into State controlled resource (Ghosh, Ashiesh (2007). Environment, as rightly said by patrica, H Mische, knows no political boundaries, and accepts only bio-regional or eco boundaries . The problem of environment has become issue of concern both at national and International level. The problems related to environment received Government’s attention for the first time in India’s Fourth Plan (1969-74). This document has laid down:

“Planning for harmonious development recognises the unity of nature and man. Such planning is possible only on the basis of a comprehensive appraisal of environmental issues. There are instances in which timely, specialised advice on environmental aspects could have helped in project design and in averting subsequent adverse effect on the environment leading to loss of invested resources. It is necessary, therefore, to introduce the environmental aspect into our planning and development”(http://www.envfor.nic.in/unccd/annex-05.pdf).At International level, the united nations, conference on the human environment , held in Stockholm in the year 1972 was a landmark event for the protection of environment. This Stockholm conference suggested that developing countries must direct their efforts towards balancing their population growth. The 42nd Amendment to the constitution of India, in 1976 introduced significant provisions in constitution relating to the environment protection and has been already discussed earlier in this unit. Following the Stockholm Conference, to identify and investigate the problems of preserving or improving the human environment in the country as well as to propose a solution for environmental problems the National Committee, on Environmental Planning and Coordination (NCEPC) was set up in 1972, under union department of science and technology. This High-level advisory body was charged, among others, with reviewing policies and programmes which have a significant bearing on quality of environment and advise Government on environmental management and to improve the human environment in the context of population growth and economic development. It was to advise and suggest on existing legislation and regulation and administrative machinery and also for promoting and strengthening environmental research, education and awareness. The NCEPC in its existence of eight years (1972-80) provided a major thrust in environmental planning, approval of projects in selected sectors, human settlement planning, surveys of wetlands and spread of environmental awareness and research (see the Tiwari Committees Report, 1981.)7 The Indian wildlife (protection Act,) was passed in 1972 under article –252 of the constitution on the requests from states. The water prevention and control of 57 Understanding pollution Act, 1974 and the rules 1975 laid down the foundation of new era in Environment Indian environmental law. The central pollution central board was set up to oversee implementation of the provisions of the act. The separate statutory bodies like forest department to oversee compliance of law related to state level to oversee compliannce of law on water pollution were set up. Sec 24 of the act prohibits disposal of polluting matter to a steam or well or on land. However it allows discharge of sewage or trade effluent after treatment. After the Stockholm Conference, constitutional sanction was given to environment protection through the 42nd Amendment in 1976, as incorporated into the Directive Principles of State Policy and Fundamental Rights and Duties.

In 1980, the first National Committee, The Tiwari Committee was formed to consider the issues relating to environmental legislation. It enlisted about 200 add Laws, pertaining to environmental protection. The main recommendation are: (Uberoi, N.K. (2003). In : Environmental Management). • Comprehensive reviews and reformation of some of the prevalent Central and State Acts such as the Insecticides Act, 1968; the Water (Prevention and Control of Pollution) Act, 1974; and the India Forest Act (1972). • New legislation for areas of action not covered by the present laws (such as those concerning toxic substances). The introduction of “Environment Protection” in the Concurrent List of the seventh Schedule. The committee, inter alia, recommended to establish of a separate Department of Environment.

Self Assessment Question 1) What is the main objective of NCEPC? ......

3.5 ENVIRONMENT ACTS, RULES AND NOTIFICATION IN INDIA (FROM 1980- TILL DATE)

Government of India has done many efforts for environment protection and the list of environmental Acts, Rules and Notifications in India from 1980 to till date are briefly discussed below : 3.5.1 Water Pollution Water (Prevention and Control of Pollution) Act, 1974, amended 1988- The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non-compliance. Water (Prevention and Control of Pollution) Cess Act, 1977, amended 1992, 58 2003, The Act provides for a levy and collection of a cess on water consumed by industries and local authorities and aims at augmenting the resources of the Environment and Law central and state boards for prevention and control of water pollution. The Water (Prevention and Control of Pollution) Cess Rules 1978 - defines standards and indications for the kind of and location of meters that every consumer of water is required to install. 3.5.2 Air Pollution Air (Prevention and Control of Pollution)Act, 1981- prohibits the use of polluting fuels and substances and regulates appliances that give rise to air pollution. It entrusts the power of enforcing this act to the CPCB (Central Pallution Control Board), for establishing or operating any industrial plant in the pollution control area the consent from state boards is required. The board has to test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes. The Air (Prevention and Control of Pollution) Rules, 1982, amended has defined the procedures for conducting meetings of the boards; the powers of the presiding officers, about the decision-making, the quorum and manner in which the records of the meeting were to be set. They also prescribe the manner and the purpose for which assistance can be taken from specialists and the fee to be paid to them. 3.5.3 Environment Protection Environment Protection Act (EPA), 1986 is enacted under Article-253of the constitution in pursuant need for the general legislation for environment protection and to fill in uncovered gaps in areas of major environmental hazards. Under this Act, the central government is empowered to take necessary measures for protecting and improving the quality of the environment, it can set standards for emissions and discharges; regulation of the location of industries; management of hazardous wastes, and for protection of public health and welfare. Environment Protection Rules 1986- It • lays down procedures for setting standards of emission or discharge of environmental pollutants. • Prescribes the parameters for the Central Government under which it can issue orders of prohibition and restrictions on the location and operation of industries in different areas. Environment (Siting for Industrial Projects) Rules, 1999- it provides for Prohibition for setting up of certain industries; for establishment of New Units with certain conditions; puts Restrictions on the units in Taj Trapezium; lays conditions for establishment of New Units around Archaeological Monuments. 3.5.4 Noise Pollution Noise pollution (Regulation and Control) Rules, 2000 formed under EPA, Amended, 2002 and 2006.- it provides for such terms and conditions as are necessary to reduce noise pollution. • The use of loud speakers or public address systems is permitted during night hours (between 10:00 p.m. to 12:00 midnight) or on during any occasion of cultural or religious festival.

59 Understanding 3.5.5 Ozone Layer Depletion Environment Ozone Depleting Substances (Regulation and Control) Rules, 2000- the Rules have been laid down for the regulation of production and consumption of ozone depleting substances. 3.5.6 Coastal Regulation Zone CRZ Notification, issued by central government by virtue of its power under EPA it declares limits of and prohibitions in coastal regulation zones; there are 30 notification’s from 1997-2009. The notifications puts regulations on various activities, including construction. It also provides for some protection to the backwaters and estuaries. 3.5.7 Environment Impact Assessment Notification, 1994, amended 2006- lays down some projects or activities that require prior environmental clearance from the concerned regulatory authority. The stages of prior Environment Clearance (EC) for new projects is also laid down. There is provision for constitution of State Level Environment Impact Assessment Authority (SEIAA). 3.5.8 Animal Welfare Prevention of Cruelty to Animals Act, 1960 and Rules (18), 1965-2006- the act was passed to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals. For the promotion of animal welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain or suffering, in particular, Animal Board of India has been established by the Central Government. 3.5.9 Bio Diversity Conservation Biological Diversity Act, 2002- provides for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge associated with it; Rules, 2004. 3.5.10 Forest Conservation Forest Conservation Act, 1980, amended 1988, Rules, 1981, amended 1988, 1992, 2003- provides for the protection of and the conservation of the forests. 3.5.11 Wild Life Protection The Indian Wildlife (Protection) Act, 1972, amended 1993, The Wildlife (protection) Amendment Act, 2002 and set of 9 Rules, 1973-2003- The act provides for the protection of birds and animals and for all matters connected to it, whether it is their habitat or the waterhole or the forests that sustains them. 3.5.12 Hazardous Substances Management-12 Rules till 2007 • The Batteries (Management and Handling) Rules, 2001- it is applicable to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer who are involved in the manufacture, processing, sale, purchase, and use of batteries or components so that it can 60 be regulated and to ensure the environmentally safe disposal of used batteries; • The Municipal Solid Waste Management and Handling Rules, 2000- it makes Environment and Law every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes; • The Recycled Plastics Manufacture and Usage Rules, 1999 amended Rules, 2003- it puts restriction on manufacture, sale, distribution, and use of plastic carry bags and containers less than 8´12 inches (20´30 cms) in size and having minimum thickness of 20 micron; • The Rules for the Manufacture, Use, Import, Export and Storage of Hazardous micro-organisms Genetically engineered organisms or cells, 1989, Amended 2006, 2007- it was introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and microorganisms. • The Manufacture, Storage and import of Hazardous Chemical Rules, 1989, Amended 2000- it sets up an authority to inspect, once a year, the industrial activities connected with hazardous chemicals and isolated storage facilities; • The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, 2009 - The insertion of the word transboundary movement is a euphemism for hazardous waste trade by terming it as recyclable metal scrap trade or commerce in end-of-life products. Part B of the Rules provides elaborate list of hazardous wastes applicable for import and export not requiring prior informed consent. The list includes metal and metal bearing wastes under which Iron and Steel Scrap, Thorium scrap, Chromium scrap, rare earth scrap, Zinc scrap; scrap assemblies from electric power generation and several others; • Biomedical Waste Management and Handling Rules, 1998 amended 2003- the health care institutions are legally abided to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment. 3.5.13 National Environment The National Environment Tribunal Act, 1995- It has been created to award compensation for damages to persons, property and the environment that has arised from any activity involving hazardous substances. The National Environment Appellate Authority Act,1997- has been created to hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the Environment protection act. 3.5.14 Public Liability Insurance The Public Liability Insurance Act 1991, amended in 1992 - provides for public liability insurance with the purpose to provide immediate relief to the persons affected (injured or in case of death) by accident while handling any hazardous substance. The Act was amended in 1992, and the Central Government was authorised to establish the Environmental Relief Fund, for making relief payments and The Public Liability Insurance Rules, 1992, amended in 1993.

61 Understanding Environment 3.6 FIVE YEAR PLANS ON ENVIRONMENTAL ISSUES We have already discussed earlier in this unit, the 4th Plan, Planning Commission (1969-74) which was the first time when the government shows its concern for environmental protection and the same has become the regular objective of Five Year Plans of Planning Commission (see sixth plan (1980-84 to 11th plan 2007- 12)). The brief discussion on various plans is given below: 3.6.1 Sixth Plan (1980-1985) • Accepting the recommendations of Tiwari Committee, Department of Environment was set up on November 1, 1980 by the Government and the department was assigneed the following functions: o To act as a nodal agency for environmental protection and eco- development in the country. o To carry out environmental appraisal of development projects through other ministries/agencies as well as directly. o To have administrative responsibility for: – Pollution monitoring and regulation. – Conservation of critical ecosystems designated as Biosphere Reserves. – Conservation of marine ecosystem. • Major activities in the areas of water and air pollution control were undertaken this includes Environment Impact Assessment (EIA), natural living resource conservation, ecological studies by the Botanical Survey of India (BSI) and Zoological Survey of India (ZSI), environmental information, education, training and awareness programme. • A ten year review in respect of appendices on flora for CITES prepared. • An integrated study of the Ganga basin was completed. The integrated River Basin Studies for the Brahmaputra, Indus and Narmada were proposed to be taken up. • The Wildlife Institutes are set up in 1982-83 for building up of scientific knowledge on wildlife research. 3.6.2 Seventh Plan (1985-1990) • Significant progress under the Ganga Action Plan, forestry and wildlife, wasteland development, and island development sectors. • Programme on waste recycling and prevention of coastal pollution were initiated. • Environment Impact Assessment (EIA) of major river valleys and hydroelectric, mining, industrial and thermal power projects were carried out through Environmental Appraisal Committee. • National Forest Policy was formulated in 1988 with the principal aim of ensuring environmental stability and maintenance of the ecological balance. • 62 Implementation of the 10 point National Wildlife Plan initiated. • Considerable increase in the total area is brought under afforestation Environment and Law programme and the National Development Board set up in 1985. 3.6.3 Eighth Plan (1992-1997) • Activities for abatement of pollution are undertaken which included management and operation of national air and water quality network, controlling pollution at sources, river basin studies, hazardous waste management; development of criteria for eco-labeling of consumer products, remedial measures for vehicular pollution; training of personnel engaged in controlling pollution and organising nationwide awareness programme for prevention and control of pollution, promoting adoption of Clean Technologies in small scale industries. • Incentives were provided to adopt efficiency enhancing and waste minimisation practices like enhancement of cess rates on water consumption, duty concessions on import of certain pollution control equipment, accelerated depreciation on pollution abatement equipment. • Various carrying capacity studies (Doon Valley, National Capital Region), on improving methodology and techniques of EIA are carried out. • BSI and ZSI surveys conducted. • Scheme on Biodiversity Conservation was initiated in 1991-92. • Programme such as Man and Biosphere Programme, The environmental Research Programme and research on climate change was undertaken. • More than 5000 clubs launched for providing environmental education amongst children. • National River Conservation Plan was approved in 1995. • Several steps for afforestation and eco-development were undertaken. 3.6.4 Ninth Plan (1997-2002) • Programme under the above Plan included attempts to phase out lead in motor spirit and improvement in quality of high speed diesel. • Area specific programmes are stressed upon like National River Conservation Programme that started National Lake Conservation Programme. Taj Trapezium, schemes to protect Himalayan ecosystem and biodiversity, programmes for sustainable development of islands; Islands Development Authority (IDA) was constituted in 1998. • Initiatives towards strengthening, environmental statistics and mapping, management of biosphere reserves, biodiversity conservation, environmental education and training was undertaken. • Schemes similar to 8th Plan for afforestation, wetland development are also formulated. 3.6.5 Tenth Plan (2002-2007) • Reconciliation of population and economic growth with environmental conservation perceived as an urgent necessity. 63 Understanding • Action plans to be initiated for reducing pollution levels. Environment • Management of hazardous wastes through collection, processing and disposal to be given priority. • Emphasis is laid on environmental educational education amongst masses through the involvement of NGOs and Youth educational institutes. 3.6.6 Eleventh Plan (2007-2012) The Monitorable Socio-Economic Targets of the 11th Plan for Environment in India are: • Increase forest and tree cover by 5 percentage points. • Attain WHO standards of air quality in all major cities by 2011-12. • Treat all urban waste water by 2011-12 to clean river waters. • Increase energy efficiency by 20 percentage points by 2016-17. Self Assessment Question 2) What is the main objective of Eighth Five Year Plan? ......

3.7 NATIONAL POLICIES RELATED TO ENVIRONMENT There are number of Policies framed by on various environmental issues like

• National Forest Policy, 1988- the main aim is to maintain one third of country’s geographical area under forest and tree cover. In the hills and in mountainous regions, the aim is to maintain two-third of the area under such cover in order to prevent erosion and land degradation and to ensure the stability of the fragile eco-system. The principal aim of Forest Policy must be to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all lifeforms, human, animal and plant.

• National conservation strategy and policy statement on Environment and Development Policy, 1992- the aim is to ensure that the demand on the environment from which we derive our sustenance, does not exceed its carrying capacity for the present as well as future generations; lays down the guidelines to weave environmental considerations into the fabric of our national life and for reorienting policies and action in unison with the environmental perspective. 64 There are many other National Polices also and are given below: Environment and Law • National Policy on Abatement of Pollution, 1992 • National Slum Policy, 1999 • National Agricultural Policy, 2000 • National Population Policy, 2000 • National Health Policy, 2002 • National Water Policy, 2002 • Science and Technology Policy, 2002 • National Policy for Resettlement and Rehabilitation for Project Affected Families, 2003 • National policy on Tribals and Forest, 2004 • National Environment Policy, 2006 All of these policies basically recognised the need for sustainable development in their specific contexts and have formulated necessary strategies to give effect to such recognition. However by the National Environment Policy, 2006, Government seeks to extend the coverage, and fill in gaps that still exist environment protection on the basis of accumulated experience.

3.8 INTERNATIONAL AGREEMENTS ON ENVIRONMENTAL ISSUES India has obligations under numerous international treaties and agreements that relate to environmental issues and is signatory to a number of Multilateral Environment Agreements (MEA) and conventions. An overview of some of the major MEAs and India’s obligations under these is presented below (Compiled in International Environmental Law, Shyam Divan) • The Antarctic Treaty (Washington, 1959) 402 UNTS 71. Entered into force 23 June 1961. India ratified with qualifications, 19 August 1983. • Convention on Wetlands of International Importance, Especially as Waterfowl Habitat (Ramsar, 1971). 11 I.L.M. 963 (1972). Entered into force 21 December 1975. India acceeded, 1 October 1981. • Convention Concerning the Protection of the World Cultural and Natural Heritage (Paris, 1972). 11 I.L.M. 1358 (1972). Entered into force 17 December 1975. India signed, 16 November 1972. • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), (Washington, 1973) 12 I.L.M. 1055 (1973). Entered into force 1 July 1975. India signed, 9 July 1974; ratified 20 July 1976. • Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL) (London, 1978). Entered into force 2 October 1983. India ratified with qualifications, 24 September 1986. • Convention on the Conservation of Migratory Species of Wild Animals (Bonn, 1979) 19 I.L.M. 15 (1980). Entered into force 1 November 1983. India signed, 23 June 1979; ratified 4 May 1982. 65 Understanding • Convention on the Conservation of Antarctic Marine Living Resources Environment (Canberra, 1980). 19 I.L.M. 841 (1980). Entered into force 7 April 1982. India ratified, 17 June 1985. • United Nations Convention on the Law of the Sea (Montego Bay, 1982). 21 I.L.M. 1261 (1982). Entered into force 16 November 1994. India signed, 10 December 1982. • Convention for the Protection of the Ozone Layer (Vienna, 1985). 26 I.L.M. 1529 (1987). Entered into force 22 September 1988. India ratified, 18 March 1991. • Protocol on Substances That Deplete the Ozone Layer (Montreal, 1987). 26 I.L.M. 1550 (1987). Entered into force 1 January 1989. India acceded, 19 June 1992. • Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer (London, 1990). 30 I.L.M. 541 (1991). Entered into force 10 August 1992. India acceded, 19 June 1992. • Convention on the Control of Trans boundary Movements of Hazardous Wastes and Their Disposal (Basel, 1989). 28 I.L.M. 657 (1989). Entered into May 1992. India signed, 5 March 1990; ratified 24 June 1992. • United Nations Framework Convention on Climate Change (Rio de Janeiro, 1992). 31 I.L.M. 849 (1992). Entered into force 21 March 1994. India signed, 10 June 1992; ratified 1 November 1993. The primary goals of the UNFCCC were to stabilise greenhouse gas emissions at levels that would prevent dangerous anthropogenic interference with the global climate. • Convention on Biological Diversity (CBD) (Rio de Janeiro, 1992) . 31 I.L.M. 818 (1992). Entered into force 29 December 1993. India signed, 5 June 1992; ratified 18 February 1994. The CBD has three main thrust areas:- conservation of biodiversity, sustainable use of biological resources and equitable sharing of benefits arising from their sustainable use. • Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (Paris, 1994). 33 I.L.M 1332 (1994). Entered into force, 26 December 1995; India signed, 14 October 1994; ratified 17 December 1996. • International Tropical Timber Agreement (Geneva, 1994). 33 I.L.M. 1016 (1994). Entered into force 1 January 1997. India signed, 17 September 1996. India ratified 17 October 1996. • Protocol on Environmental Protection to the Antarctica Treaty (Madrid, 1991). Entered into force 15 January 1998. The judiciary has also played an important role in Environment protection . It has always stressed upon the need to restore and manage the environment properly for the future use and this is possible only with the participation of every individual. Justice sen of the supreme court ( see kinkri Devi v. State of HP, AIR 1988 H.P. 4, 8 ) has made the following observation.

“I wish to observe that though exploitation of mineral resources in the interest of industrial growth of the country is necessary, yet such mines should be so worked 66 as not to disturb the ecology and not to affect the livelihood and the living Environment and Law conditions of a very large number of the people. Advantage gained by working the mines for industrial growth and national development in a manner which may seriously prejudice the interests of a large number of human beings and disturb the ecological balance, may very much be out-weighed by the serious consequences which are likely to follow. Industrial development is necessary for economic growth of the country in the larger interests of the nation. If, however, industrial growth is sought to be achieved by haphazard and reckless working of the mines resulting in loss of life, loss of. property, loss of basic amenities like supply of water and creation of ecological imbalance there may ultimately be no real economic growth and no real prosperity. It is necessary to strike a proper balance.”

There are many case laws on Air, Water and other Environment pollution laws which the learner will able to know in the forthcoming blocks where the elaborate discussion has been made under the specific subject.

3.9 SUMMARY • In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.

• The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989.

1986 - The Environment (Protection) Act authorises the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.

1986 - The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.

1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste.

1989 - The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities. 67 Understanding 1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Environment Micro-organisms/ Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and microorganisms.

1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance.

1995 - The National Environmental Tribunal Act has been created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.

1997 - The National Environment Appellate Authority Act has been created to hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the EPA.

1998 - The Biomedical Waste (Management and Handling) Rules is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment.

1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects.

2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes.

2000 - The Ozone Depleting Substances (Regulation and Control) Rules have been laid down for the regulation of production and consumption of ozone depleting substances. 2001 - The Batteries (Management and Handling) Rules, 2001 rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components so as to regulate and ensure the environmentally safe disposal of used batteries. 2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or religious festive occasion. 2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources 68 and knowledge associated with it. • Forest and wildlife Environment and Law 1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce’.

1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them.

1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the forests.

• Water 1882 - The Easement Act allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property.

1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill.

1956 - The River Boards Act enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter- state cooperation.

1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.

1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies.

The CPCB (Central Pollution Control Board) was constituted under this act.

1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on water consuming industries and local authorities.

1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix.

1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.

69 Understanding • Air Environment 1948 - The Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes.

1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB .

1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them.

1982 - The Atomic Energy Act deals with the radioactive waste.

1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution.

1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported.

3.10 TERMINAL QUESTIONS 1) Discuss the important environment logislations on Air and Water pollution. 2) What items are listed in Eleventh Plan? What is the importance of the same. 3) Comment on interface of Environment and Law .

3.18 ANSWERS AND HINTS Self Assessment Questions 1) NCEPL was set up in 1972 to identify and investigate the problems of preserving or improving the human environment in the country as well as to propose a solution for environmental problems. 2) Activities for abatement of pollution are undertaken which included management and operation of national air and water quality network, controlling pollution at sources, river basin studies, hazardous waste management; development of criteria for eco-labeling of consumer products. Terminal Questions 1) Refer to Section 3.4 and 3.5 2) Refer to Sub-section 3.6.6 3) Interactions between living beings in natural setting as well as through induced and physico-chemical changes in environment result in changes in environment conditions. These changes in environmental conditions have impact on behavioural, physiological and biochemical patterns of organisms to enable them to adapt according to changed conditions. The role and impact of specific heterogeneity in creating the uniqueness of environment and the 70 communities of living beings that inhabit them, whether they be plants, Environment and Law insects, microorganisms, small mammals or humans. The articles in the book also attempt at determining how organisms, from individuals to populations to communities are likely to respond to changes in natural as well as physico- chemical environments. Add your thoughts and further elaborate.

3.12 REFERENCES AND SUGGESTED READINGS • Paul Harrison , Third World Tomorrow, Page 350. • Patricia M Mische, Ecological Security and the need to conceptualises Sovereignty XIV, Alternative, 389, PP 391-393. • Ghosh Asish, “Environment Governance”, Environment issues and concerns, APH Publishing Corporation, New Delhi, 2007, P 178-186. • Singh Chhatrapati, “Environment and the Law”, Man, Nature and Environmental Law, Ed G.S Nathawat, Satish Shastri, J P. Vyas, RBSA Publishers, Jaipur, 1988, 106. • Report of the committee for Recommending Legislative Measures and Administrative Machinery for Ensuring Environmental Protection (the Tiwari Committees Report), Department of Science and Technology, Government of India, 15th Sept,1981. • P. Leelakrishnan, Environment Law in India, Lexis Nexus, Butter worth, 2nd Ed, 2005. • The legal and regulatory framework for environmental protection in India, 29 Apr, 1999, Prepared for Asian Development Bank, Manila and Ministry of Environment and Forests, Government of India. Centre for Environmental Law. April 28,2010.. See also Five Year Plans, Planning Comission (various years) as cited in Uberoi, 2003. • Five-Year Plans, Planning Commission (various years) as adapted from Punjab ENVIS Centre, Punjab State Council of Science & Technology, Chandigarh. April 25, 2010..cited in Uberoi, 2003. • Gopal Krishna, India Govt rules allow hazardous wastes import, The New Nation— Internet Edition. May 28, 2010. • Shyam Divan, “International Environmental Law”, July12, 2002. May 3, 2010. • The legal and regulatory framework for environmental protection in India, Ministry of Environment and Forests, Government of India. April 25, 2010. • “Environmental laws”. May 2, 2010< edugreen.teri.res.in/explore/laws.htm>. • Eleventh Five Year Plan of India, Objectives of Current Five Year ...11th Five Year Plan of India (2007 - 2012). May 4, 2010< http// www.winentrance.com>. • Uberoi, N.K. (2003). In: Environmental management, Published by Excel Books, New Delhi. • Indian Environment Legislations. Ministry of Environment and Forests, Government of India.. 71 Understanding • Strengthening Environmental Legislations in India, documented by centre Environment for Environmental Law, WWF. • Environmental policy-making in India-The process and its pressure, TERI Report. • kinkri Devi v. State of HP, AIR 1988 H.P. 4, 8 • Ministry of Environment and Forests ,Government of India, envfor.nic.in. • The legal and regulatory framework for environmental protection in India, http://envfor.nic.in/. • Indian Environmental Legislations, list from the MOEF web site. • A.4 source http://www.unescap.org/drpad/vc/document/compendium/ in1.htm.

72 UNIT 4 ORIGIN OF ENVIRONMENTAL Environment and Law LAW

Structure 4.1 Introduction 4.2 Objectives 4.3 History of Environmental Protection in Ancient India – An Overview 4.4 Arrival of the British and the Formation of Environmental Laws in India 4.5 Acts for the Protection of Indian Environment 4.6 International Efforts – U.N. Conference on Human Environment 4.7 Impact in India 4.8 Environmental Legislations 4.9 Fundamental Right to Live in a Healthy Environment 4.10 Summary 4.11 Terminal Questions 4.12 Answers and Hints 4.13 Glossary 4.14 References and Suggested Readings 4.1 INTRODUCTION Every word in English has a history – and Environmental law is no exception. In this section you will learn a good deal more about the historical perspectives of environmental law; in addition you will make excursions into its origin and development. Environmental law is a body of law, which is a system of complex and interlocking statutes, law, treaties, conventions, regulations and policies which seek to protect the environment which may be affected, impacted or endangered by human activities. Some environmental laws regulate the quantity and nature of impacts of human activities: for example, setting allowable levels of pollution or requiring permits for potentially harmful activities. Other environmental laws are preventive in nature and seek to assess the possible impacts before the human activities can occur. While many countries worldwide have since accumulated impressive sets of environmental laws, their implementation has often been woeful. In recent years, environmental law has become been a critical means of promoting sustainable (or “sustainability”). Policy concepts such as the precautionary, public participation, environmental justice, and the polluter have informed many environmental law reforms in this respect. There has been considerable experimentation in the search for more effective methods of environmental control beyond traditional “command-and-control” style regulation. Taxes, emission, voluntary standards such as ISO 14000 and negotiated agreements are some of these innovations. The IUCN Academy of Environmental Law is a network of some 60 law schools worldwide that specialise in the research and teaching of environmental law. In his book “Should trees have legal standing” Stone (1974:11) argues that nature should count jurally – to have a legally recognised worth and dignity in its own 73 Understanding right, and not merely to serve as a means to benefit “us”. He claims that for a Environment thing to be a holder of legal rights an authoritative body must review the actions and processes of those who threaten it and three additional criteria should be satisfied. The thing can institute legal actions at its behest; second, that in determining the granting of legal relief, the court must take injury to it into account; and; third, that relief must run to the benefit of it. The problem with this argument is that for nature to have legal standing it must have a lawyer; and would therefore be dependent on the cultural values, wisdom and competence of the lawyer(s) chosen to represent it and those of the court of law with jurisdiction. Clayton (2000) claims that justice becomes more relevant in circumstances in which a desired response is scarce and in which there are citizens who ascribe moral significance and values to the environment. She goes on to state that since many resources are not renewable within reasonable time frames, this makes people more aware of the ways in which those resources are distributed. Stone (1974:16) claims that in the past natural objects have had no standing in their own right; their unique damages do not count in determining outcome; and they are not the beneficiaries of awards, but are objects for man to conquer and master and use.

Environment plays a pivotal role in human life as well as in the development of society. With growing technological advancement and industrialisation, the purity of the environment has been threatened to an appalling extent. The need to protect and improve the environment is so compelling for the peaceful survival of mankind and other life forms on planet Earth that right to environment has emerged as a human right.

Over the last two decades, the Indian judiciary has fostered an extensive and innovative approach to environmental rights in the country. Complex matters of environmental management have been resolved and consequently a series of innovative procedural remedies have evolved to accompany this new substantive right. The new environmental right is therefore championed as a legal gateway to speedy and inexpensive legal remedy.

The notional expansion of right to life was recognised even in the absence of a specific reference to direct violations of the fundamental right. Placed in a nutshell, the human right culture has percolated down to Indian human right regime within a short period of time. An interdisciplinary approach to environmental protection may be another reason for the operation of the right to healthy environment. This has been undertaken through international environmental treaties and conventions, national legislative measures and in judicial responses.

On undertaking a comprehensive study of environmental law, it can be found that the Indian scenario is replete with examples of preserving the environment from degradation.

Self Assessment Question 1) What do you mean by the term “Environmental Law?” ...... 74 Origin of Environmental 4.2 OBJECTIVES Law After reading this unit, you shall be able to: • explain the concept of Environmental Laws; • describe its origin and prevalence in ancient India; • discuss the formation of various Environmental Laws in India during British reign; • environmental Legislations, International efforts and its impact in India; and • history of Environmental Protection in Ancient India. 4.3 HISTORY OF ENVIRONMENTAL PROTECTION IN ANCIENT INDIA – AN OVERVIEW An appraisal of the historical background to environmental protection in India would indicate that forests and wildlife were considered as vital ingredients of the global system. Here, the entire scheme of environmental preservation was essentially duty-based. In this sense, the ancient Indian society accepted the protection of the environment as its duty to do so.

• The Vedas, Puranas, Upanishads and other ancient scriptures of the Hindu religion have given a detailed description of trees, plants, wildlife and their importance to people.

• The Mughal emperors, though were great lovers of nature and took delight in spending their spare time in the lap of natural environment, made no attempts on forest conservation.

• Legislative measures were taken by the British Government for prevention of pollution and for conservation of natural resources. • Some of the early efforts include the enactment of the Shore Nuisance (Bombay and Kolaba) Act of 1853 and the Oriental Gas Company Act of 1857. The Indian Penal Code, enacted in 1860, imposed a fine on a person who voluntarily fouls the water of any public spring or reservoir.

Hindu Era Opening up the Hindu mythology, the Vedas, Puranas, Upanishads and other ancient scriptures of the Hindu religion have given a detailed description of trees, plants, wildlife and their importance to people. Yajnavalkya Smriti prohibited the cutting of trees by prescribing punishment for such acts. Kautalya’s Arthashastra, written in the Mauryan period, realised the necessity of forest administration and Ashoka’s 5th Pillar Edict expressed his view about the welfare of creatures in the State. Evidence from civilisations of Mohenjadaro and Harappa has further proved that the small population lived in consonance with the ecosystem and their needs maintained harmony with the environment. Thus, the Hindu society was conscious of the adverse environmental effects caused by deforestation and extinction of animal species.

75 Understanding Mughal Era Environment In Islam, there is close harmony between man and nature. However, during the medieval period, the only contribution of Mughal emperors has been the establishment of magnificent gardens, fruit orchards and green parks, which were used as holiday resorts, palaces of retreat or temporary headquarters during the summer season. The common opinion of environmentalists has been that the Mughal emperors though were great lovers of nature and took delight in spending their spare time in the lap of natural environment, made no attempts on forest conservation.

British Era The British conquest in India brought about a plunder of natural resources coupled with a complete indifference towards environmental protection. A general survey of early environmental legislation reveals that apart from the forest laws, nineteenth century legislation also partially regulated two other aspects of Indian environment. Water pollution and wildlife. These laws, however, had a narrow purpose and limited territorial reach. Some of the early efforts include the enactment of the Shore Nuisance (Bombay and Kolaba) Act of 1853 and the Oriental Gas Company Act of 1857. The Indian Penal Code, enacted in 1860, imposed a fine on a person who voluntarily fouls the water of any public spring or reservoir. In addition, the Code penalised negligent acts with poisonous substances that endangered life or caused injury and proscribed public nuisances. Laws aimed at controlling air pollution were the Bengal Smoke Nuisance Act of 1905 and the Bombay Smoke Nuisance Act of 1912. In the field of wildlife protection, early legislation was limited to specific areas and particular species, thereby aiming at the conservation of biodiversity. It is clear that legislative measures were taken by the British Government for prevention of pollution and for conservation of natural resources. Although critics point out that the British enacted these legislations, not with the object of protecting the environment but with the aim of earning revenue for themselves, it should be regarded as the first step towards the scientific conservation of natural resources. Despite the fact that these measures were made with ulterior motives, British-enacted legislations have contributed significantly to the growth of environmental jurisprudence in India. The details of arrival of the British and the formation of Environmental Laws in India are discussed in chronological order below.

Self Assessemnt Question 2) Explain briefly environmental protection in ancient India? ...... 76 Origin of Environmental 4.4 ARRIVAL OF THE BRITISH AND THE Law FORMATION OF ENVIRONMENTAL LAWS IN INDIA British arrived in India at 1600 with the mission of trading goods from India in the form of East India Company.But,after seeing the immense amount of natural resources and plunders of opportunity to exploit the resources present here, they changed their game plan and started applying coercion so as to complete their aim of exploiting natural resources in India. At the time when British arrived in India, India was divided into several princely states ruled by different rulers. It was quite an easy task for the British to establish itself gradually and astutely. They very cleverly implemented the policy of Divide and Rule in India and took benefit of the diversity as on the basis of different rulers as well as due to multiplicity of religion in the country. The early days of British rule in India were days of plunder of natural resources. They started exploiting the rich resources present India by employing the policy of imperialism. By around 1860, Britain had emerged as the world leader in deforestation, devastation its own woods and the forests in Ireland, South Africa and northeastern United States to draw timber for shipbuilding, iron-smelting and farming. Upon occasion, the destruction of forests was used by the British to symbolise political victory. Thus, the early nineteenth century, and following its defeat of the Marathas, the East India Company razed to the ground teak plantation in Ratnagiri nurtured and grown by the legendary Maratha Admiral Kanhoji Angre. There was a total indifference to the needs of the forest conservancy. They caused a fierce onslaught on Indian Forests. The onslaught on the forests was primarily because of the increasing demand for military purposes, for British navy, for local construction (such as roads and railways), supply of teak and sandalwood for export trade an extension of agriculture in order to supplement revenue.

The British government started control over forest in the year 1806 when a commission was appointed to enquire into the availability of teak in Malabar and Travancore by way of appointment of Conservator of Forest. This moved failed to conserve forest as the appointed conservator plundered the forest wealth instead of conserving it. Consequently, the post of conservator of forest was abolished in the year 1823.

Their early treatment of the Indian forest also reinforces the claim that destructive energy of the British race all over the world was rapidly converting forest into desert. Until the later decades of nineteenth century, the British Raj carried out an immense onslaught on the subcontinent’s forest. With the Oaks forest vanishing in England, a permanent supply of durable timber was required for the British Navy because the safety and defense of the British Empire depended primarily on its navy. In the period of fierce competition between the colonial powers, Indian teak, the most durable of shipbuilding, saved British during a war with Napoleon and the later maritime expansion. To tap the likely sources supply, search parties were sent to teak forests of India’s west coast. Ships were built in the dockyards in the Surat and the Malabar Coast, as well as in England by importing teak from India.

The revenue orientation of colonial land policy also worked towards the denudation of forests. As their removal added to the class of land assessed for 77 Understanding revenue, forests were considered as an obstruction to agriculture and consequently Environment a bar to the prosperity of the British Empire. The dominant thrust of agrarian policy was to extend cultivation and the watchword of the time was to destroy the forest with this end in view. This process greatly intensified in the early years of the building of the railways network after about 1853. While great chunks of forests were destroyed to meet the demand for railway sleepers, no supervision was exercised over the felling operation in which a large number of trees was felled and lay rotting on the road. The sub-Himalayan forests of Garhwal and Kumaon, for example were all felled in even to desolation and thousands of trees were felled which were never removed, nor was their removal possible. As early as 1805, the British government requested the British East India Company, which already controlled large parts of the coastal regions, to investigate the feasibility of harvesting Malabar teak in Madras to meet the needs of British shipbuilding during the Napoleonic war. Although the East India Company was a private trading company commissioned in 1600, in India it functioned as a state entity, enjoying a monopoly of trade in the areas it ruled. Acting at the direction of the British parliament, it shared authority in India with government officials. The company appointed a former police officer, Captain Watson, as India’s first conservator of forests in 1806. Watson’s two-pronged plan involved placing a tax on teak in order to simultaneously slow its harvest by private interests and raise money for the government, and then purchasing the teak from the private dealers. Together, these measures would guard against over- exploitation and ensure a steady supply of teak. On 3 August 1855, Lord Dalhousie, the governor general of India, reversed previous laissez-faire policy to establish the India Forest Department and annex large areas of sparsely populated lands in India. These lands were declared protected areas and staffed by foresters, fireguards, rangers, and administrators. Over the next decades, forestry in India became an international profession with global specialists ruling an empire of trees and grasslands. The new environmental policies served in turn to support British imperialism in India. Unlike the conservative French and English royal forests reserved for hunting by the privileged elite, or the later American concept of total protection in national parks, the new colonial environmentalism was intended to generate income for the imperial British state through strict control of India’s natural resources. Lord Dalhousie’s new forest policies greatly expanded British authority over the land and people of India, a colonial empire that the British had procured piecemeal over the course of several centuries of mercantile and military exploitation. Thus, environmentalism and imperialism have a shared past, and the newly protected forests marked a symbiotic alliance of environmental concern with expansion of state power in India. After Napoleon’s defeat at Waterloo in 1815, however, the navy had less need of teak, and a new governor of Madras, Thomas Munro, felt that the timber royalty unnecessarily raised the opposition of Indian princes who objected to the tax placed on forests under their authority. Munro also felt pressure from Indian merchants who objected strenuously to a tax that cut severely into their profits and from peasants who saw traditional access to the forest sharply curtailed. The new governor rescinded the teak regulations, abolished Captain Watson’s position, 78 and allowed the free market to operate as it had before Lord Dalhousie’s tenure as governor-general from 1848 to 1856 saw the acquisition of territory and Origin of Environmental implementation of administrative reforms for which posterity dubbed Dalhousie Law “the great Proconsul.” Dalhousie’s support for conservation was unapologetically imperialist. Upon reaching the capital at Calcutta for his inauguration in 1848, he proclaimed, “we are Lords Paramount of India, and our policy is to acquire as direct a dominion over the territories in possession of the native princes, as we already hold over the other half of India.” The British government in India made it clear that “all the forests are the property of Government, and no general permission to cut timber therein will be granted to anyone”. The second half of the 19th century marked the beginning of an organised forest management in India with some administrative steps taken to conserve forest; the formulation of forest policy and the legislations to implement the policy decision. The systematic management of forest resources began with the appointment of the First Inspector General of Forest in 1964. Dietrich Brandis was the first Inspector General of India. Lord Canning appointed Dietrich Brandis as the first inspector general of the India-wide Indian Forest Department, a post he held from 1864 to 1883.The immediate task of the forest department was under the supervision of Inspector General was that of exploration of resources, demarcation of reserves, protection of the forest from fire and assessment of the growing stock in valuable reserve by sample enumeration and prescription of yields which could be sustained. The objective of management of forest thus changed from obtaining of timber for various purposes to protecting and improving forests and treating them as a biological growing entity. Forest conservators had already been appointed in Bombay (1847), Madras (1856), and the United Burma Provinces (1857); Brandis in turn appointed forest conservators to the Northwestern Provinces and Central Provinces in 1860, Oudh in 1861, Punjab in 1864, Coorg and Bengal in 1864, Assam in 1868, and Berar in 1868. By the end of 1868, the Forest Department had administrators in every province of the subcontinent. In 1871, the Forest Department was placed under the newly established Department of Revenue and Agriculture, itself under the umbrella of the Home Department. Brandis was followed by Wilhelm Schlich (1883-88), Berthold Ribbentrop (1888-1900), and E. P. Stebbings (1900-17). The first step of the British Government to assess state monopoly right over the forest was the enactment the Forest Act, 1865. The act was revised after about thirteen years later in 1878 and extended to most of the territories under the British rule .It also expanded the powers of the state by providing for reserved forest, which were closed to the people and by empowering the forest administration to impose penalties for any transgression of the provision of the Act. Yet the latter act was passed only after a prolonged and biter debate within the protagonist of the earlier debate put forth arguments strikingly similar to those advanced by participants in the contemporary debate about the environment of India. Hurriedly drafted, the 1865 Act was passed to facilitate the acquisition of those forest areas that were earmarked for railway supplies. It merely sought to establish the claims of the state to the forests in immediately required, subject to the proviso that existing rights would not be abridged. Almost immediately, the search commenced for a more stringent and inclusive piece of legislation. A preliminary draft, prepared by Brandis in 1969, was circulated among the various presidencies. A conference of forest officers, convened in 1874, then went into defects of the 1865 act and the details of the new one. 79 Understanding Environment Self Assessment Question 3) Describe the position of Environmental Laws in India after the arrival of the British or during British Era? ......

The British Government declared its first Forest Policy by a resolution on the 19th October 1884. The policy statement had the following objectives: • Promoting the general well being of the people in the country; • Preserving the climatic and physical conditions in the country; and • Fulfilling the need of the people. The policy also suggested a rough functional classification of forest into the following four categories: • Forests, the preservation of which was essential for climatic and physical grounds; • Forests which offered a supply a valuable timber for commercial purposes; • Minor forest which produced only the inferior sort of timber; and • Pastures, which were forest only in name.

Self Assessment Question 4) “The British Government declared its first Forest Policy by a resolution on 19th Oct. 1884.” Enumerate the ‘Objectives’ of the Policy statement?......

To implement the Forest policy of 1884, the Forest Act of 1927 was enacted. Till 1935, the government of India enacted the Forest Act. In 1935, the British Parliament through the Government of India created provincial legislature and the subject of the forest as included in the provincial legislature list. Thereafter, several provinces made their own laws to regulate forest. Most of these laws were within the framework laid down in the 1927 Act. The British all along their reign in India formed many other Acts from time to time. 80 Origin of Environmental 1) The Shore Nuisance (Bombay 7) The Indian Easement Act,1882 Law and Kolaba) Act,1853 2) The Orient Gas Company 8) The Indian Fisheries Act,1897 Act,1857 3) Indian Penal Code,1860 9) The Indian Ports Act,1908 4) The Serais Act,1867 10)The Indian Steam Vessels Act,1917 5) The North-India Canal 11) The Poison Act,1919 and Drainage Act,1873 6) The Obstruction in Fairways 12)The Indian Forest Act,1927 Act,1881 The Shore Nuisance (Bombay and Kolaba) Act, 1853 This is the earliest Act on the statue book concerning control of water pollution in India. It was the first act in the field of Environment protection in India, which was enacted by the British for the British India. This act was passed so as to regulate the waste materials discharged in the coastal area of Bombay (Now Mumbai) and Colaba area, from various industries functioning in these areas.

Oriental Gas Company Act, 1857 This law imposed restrictions on fouling of water by the Oriental Gas Company. The Oriental Gas Company provided fine of Rs. 1000, for fouling water and for the subsequent continuation of the offence, Rs. 500 per day. Oriental Gas Company (OGC) Act was among the first act in the field of water pollution.

Indian Penal Code, 1860 As regards to water pollution, Indian Penal Code says that whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to make it less fit for the purpose for which it is ordinarily used, shall be punished with simple or rigorous imprisonment for a term exceeding to three months or fine of five hundred rupees or both. The definition is confined to a voluntary act and acts committed without any knowledge or accidentally would not be covered under the present law. Moreover, it has limited operation to the water of public spring or reservoir. Further, looking to the gravity of the offence it attracts only minor punishment. It is surprising to know that in spite of the fact that this provision was incorporated to protect the public health, the cast ridden society wanted to enforce this provision against the lower cast person taking water from a public cistern but the Bombay High Court did not allow the above interpretation (R v Bhagi 2 Bom LR 1078) . Chapter 14th of the Indian Penal Code (IPC) is for Public Nuisance from Section 268 to 291.

The Serais Act, 1867 The Act enjoined upon a keeper of Serai or an inn to keep a certain quality of water fit for consumption by “persons and use of it by the animals” to the satisfaction of the District Magistrate or his nominees. Failure for maintaining the standard entailed a liability of rupees twenty. It is to be understood that the amount twenty rupees was a very big amount at that time and therefore should not be compared to the value of twenty rupees prevailing now in the country. 81 Understanding The North India Canal and Drainage Act, 1873 Environment Certain offences have been listed under the Act contained in Section 70. It was to regulate the way canals for the purpose of irrigation as well as to discharge the effluents from various industries as well as drainage system are to be controlled.

Obstruction in Fairways Act, 1881 Section 8 of the Act empowered the Central Government to make Rules to regulate or prohibit the throwing of rubbish in any fairway leading to a port causing or likely to give rise to a bank or shoal.

Indian Easements Act, 1882 It protected riparian owners against unreasonable pollution by upstream officer. Illustrations (f), (h) and (j) of Section 7 of the Act deal with pollution of waters. Section 28(d) of the Easement Act, 1882 on the one hand allowed a prescriptive right to pollute the water but it was not an absolute right. The illustrations (f), (g), and (j) of this Section, limited this prescriptive right not to unreasonably pollute or cause material injury to other.

The Indian Fisheries Act, 1897 The Indian Fisheries Act, 1897 contains seven sections. This act penalised the killing of fish by poisoning water and by using explosive. Section 5 of the Act prohibits destruction of fish by poisoning waters.

Indian Ports Act, 1908 The Indian Ports Act, 1908, has regulated water pollution caused by the use of oil or discharging of oil in the port waters.

The Indian Forest Act, 1927 This act was very comprehensive and contained all the major provisions of the earlier act and amendments made thereto including those relating to the duty on timber. The Act of 1927 also embodied land-using policy whereby the British could acquire all forestland, village forest and other Common Property Resources. Section 26(i) of the Act makes it punishable if any person, who, in contravention of the rules made by the State Government, poisons water of a forest area. The State Government has been empowered under Section 32(f) to make rules relating to poisoning of water in forests. This act is still in force, together with several amendments made by the State Governments.

4.5 ACTS FOR THE PROTECTION OF THE INDIAN ENVIRONMENT • The Orient Gas Company Act, 1857 • The Serais Act, 1857 • The Northern India Canal and Drainage Act, 1873 • The Obstruction in Airways Act, 1881 • The Indian Fisheries Act, 1897 • The Indian Ports Act, 1901 • The Bengal Smoke Nuisance Act, 1905 82 • The Explosives Act, 1908 Origin of Environmental Law • The Bombay Smoke Nuisance Act, 1912 • The Inland Stream Vessel Act, 1917 • The Mysore Destructive Insects and Pests Act, 1917 • The Poison Act, 1919 • The Andhra Pradesh Agricultural, Pest and Diseases Act, 1919 • The Indian Boilers Act, 1923 • The Workmen’s Compensation Act, 1923 • The Indian Forest Act, 1927 • The Motor Vehicles Act, 1939 • The Bihar Wastelands (Reclamation, Cultivation & Improvement) Act, 1946. Air Pollution Acts • Indian Penal Code,1860 • The Indian Boilers Act,1923 • Motor Vehicle Act,1939 (Repealed by Act No.59 of 1988) • The Poison Act, 1919

Self Assessment Question 5) What are the laws and policies available against Air Pollution? ......

Municipality Laws • Uttar Pradesh Municipality Laws, 1916 • Bihar and Orissa Municipality Laws,1922 Both of these laws were amongst the earliest laws for regulating the environment conditions in the cities by the help of municipality laws.

Wildlife Protection Act • Forest Act of Madras 1873 • Elephant Preservation Act, 1879 • World Birds Protection Act, 1887 • World Birds and Animal Protection Act, 1912 • Hailey National Park Act,1936 (Now Called Corbett National Park) In the field of wildlife protection, the first wildlife Statute was enacted in Madras () for the protection of wild elephants. The law introduced a general prohibition on destruction of wild elephants and imposed penalty on those who violated the embargo. The first effort by the Central 83 Understanding Government came after six years later by the passing of the Elephant Preservation Environment Act in 1879. In 1887, central government enacted the Wild Birds Protection Act prohibiting the possession or sale of wild birds recently killed or taken during the notified breeding season. In 1912, the Central Government enacted a broader Wild Life and Animal Protection Act. Extending to most of the British India, this law specified a closed hunting season and regulated the hunting of designated species through licenses. Indeed, all the statutes related primarily to the regulation of hunting and did not regulate trade in wildlife and wildlife products — both major factors in the decline of Indian Wildlife. As a consequence, wildlife depredation continued and many species became extinct.

The first comprehensive law for the protection of wildlife and its habitat was perhaps the Hailey National Park Act of 1936, which established the Hailey (now Corbett) National Park in Uttar Pradesh. Miscellaneous • The Indian Fisheries Act, 1897 • The Indian Forest Act, 1927 • Criminal Procedure Code, 1893 Criminal Procedure Code 1893 Criminal Procedure Code, 1893 was one of the major acts, which provided some of the very strict punishments for the environmental offences under the criminal law. Sections 133 to 144 in the Chapter XII of the Criminal Procedure under the heading Public Nuisance provided for the punishment under criminal procedure for the commission of any nuisance, which affected the public at large. The environmental degradation was also included in it as any degradation of the environment is automatically supposed to be affecting the public at large.

4.6 INTERNATIONAL EFFORTS – U.N. CONFERENCE ON HUMAN ENVIRONMENT “Economists see a world economy that has grown by leaps and bounds over the last half-century, but ecologists see growth based on the burning of vast quantities of cheap fossil fuels, which is destabilising the climate.” - Lester R. Brown.

Rapid economic, scientific and technological advancements have shown massive repercussions in the form of degradation of ecological balances. Due to large scale occurrence of environmental crises, the global community has expressed major concern over environmental protection and environmental development. Amidst some serious endeavours, significant developments took place in the international scenario.

United Nations Conference on Human Environment In the backdrop of some sincere efforts of tackling pollution control, for the first time, the attention of the world was drawn towards environment in the United Nations Conference on Human Environment was held at Stockholm in June 1972. The Declaration on Human Environment was passed containing twenty- six principles, with the main object of overcoming environmental problems related to the development of States and to provide clean and healthy living conditions. 84 Origin of Environmental 4.7 IMPACT IN INDIA Law In the early years of Indian independence, there was no precise environmental policy. Government tried to make attempts only from time to time as per the growing needs of the society. The period of 1970s witnessed a lot of changes in policies and attitudes of the Indian Government when its attitude changed from environmental indifference to greater and subsequently, manifold steps were taken to improve environmental conditions.

National Committee on Environmental Planning and Coordination: The year 1972 marks a watershed in the history of environmental management in India. This is because prior to 1972, environmental concerns such as sewage disposal, sanitation and public health were dealt with by different federal ministries and each pursued these objectives in the absence of a proper coordination system at the federal or the intergovernmental level. When the twenty-fourth UN General Assembly decided to convene a conference on the human environment in 1972, and requested a report from each member country on the state of environment, a Committee on human environment under the chairmanship of Pitambar Pant, member of the Planning Commission, was set up to prepare India’s report. With the help of the reports, the impact of the population explosion on the natural environment and the existing state of environmental problems were examined.

By early 1972, it had been realised that unless a national body was established to bring about greater coherence and coordination in environmental policies and programmes and to integrate environmental concerns, an important lacuna would remain in India’s planning process. Consequently, as a result of the major issues highlighted by the reports, a National Committee on Environmental Planning and Coordination (NCEPC) was established in the Department of Science and Technology.

The NCEPC is an apex advisory body in all matters relating to environmental protection and improvement. At its inception, the Committee consisted of fourteen members drawn from various disciplines concerning environmental management. Most of the non-official members were specialists. The Committee was to plan and coordinate, but the responsibility for execution remained with various ministries and government agencies.

Self Assessment Questions 6) Briefly explain the significant developments that took place in the international scenario with regard to environmental problems and its impact in India? ...... 85 Understanding Environment 7) What is NCEPC? Explain its constitution and function? ......

4.8 ENVIRONMENTAL LEGISLATIONS As part of its campaign on green environment, Indian Parliament has enacted nation wide comprehensive laws. One of the major environmental enactments came just two years after the Stockholm Conference in 1974. The Water (Prevention and Control of Pollution) Act was passed for the purpose of prevention and control of water pollution and for maintaining and restoring the wholesomeness of water. The Water Act represented India’s first attempt to deal with an environmental issue from a legal perspective.

From this period onwards, the Central Government has been considered as highly environmentally active. In 1976, the Constitution of India was amended to insert a separate fundamental duties chapter. The 1980s witnessed the creation of many eco-specific organisations. In the year 1980, the Forest (Conservation) Act was passed for the conservation of forests and to check on further deforestation. The Air (Prevention and Control of Pollution) Act of 1981 was enacted by invoking the Central Government’s power under Art 253. The Air Act contained several distinguishing features. The preamble of the Air Act explicitly reveals that the Act represents an implementation of the decisions made at the Stockholm Conference. Also, a notification relating to Noise Pollution (Regulation and Control) Rules was made in the year 2000 with the objective of maintaining Ambient Air Quality Standards in respect of noise.

In the wake of the Bhopal gas tragedy, the Government of India enacted the Environment (Protection) Act, 1986. The laws that existed prior to the enactment of EPA essentially focused on specific pollution (such as air and water). The need for a single authority which could assume the lead role for environmental protection was answered through the enactment of EPA. It is in the form of an umbrella legislation designed to provide a framework for Central Government to coordinate the activities of various central and state authorities established under previous laws. It is also in the form of an enabling law, which delegates wide powers to the executive to enable bureaucrats to frame necessary rules and regulations.

Apart from this, several notifications and rules have also been made, some of which include the Hazardous Wastes (Management and Handling) Rules in 1989, the Biomedical Wastes (Management and Handling) Rules in 1998, Recycled Plastics (Manufacture and Usage) Rules 1999, Environment (Silting for Industrial Projects) Rules 1999 and the Municipal Solid Wastes (Management and Handling) Rules in 2000.In addition to these eco-specific legislations, realising that there is no comprehensive legislation dealing with biodiversity in India, and to fulfill its 86 international obligation under the Convention on Bio-Diversity, the Government Origin of Environmental of India has enacted the Biological Diversity Act, 2002. Law It is a paradox that despite the presence of such diverse laws, the pollution rate has crossed the dead line. This is probably because of the reason that the law is so complicated and vague that even the expert may not know the intricacies of it. 4.9 FUNDAMENTAL RIGHT TO LIVE IN A HEALTHY ENVIRONMENT Man’s paradise is on earth; this living world is the beloved place of all; it has the blessings of Nature’s bounties: Live in a lovely spirit. –Atharva Veda (5.30.6) The right to live in a clean and healthy environment is not a recent invention of the higher judiciary in India. The right has been recognised by the legal system and the judiciary in particular for over a century or so. The only difference in the enjoyment of the right to live in a clean and healthy environment today is that it has attained the status of a fundamental right the violation of which, the Constitution of India will not permit. It was only from the late eighties and thereafter, various High Courts and the Supreme Court of India have designated this right as a fundamental right. Prior to this period people had enjoyed this right not as a constitutionally guaranteed fundamental right but as a right recognised and enforced by the courts under different laws like Law of Torts, Indian Penal Code, Civil Procedure Code, Criminal Procedure Code etc. In today’s emerging jurisprudence, environmental rights which encompass a group of collective rights are described as third generation rights. Right to Environment - Derived from the Right to Life. Right to life, implies the right to live without the deleterious invasion of pollution, environmental pollution, environmental degradation and ecological imbalances. Everyone has the right to life and a right standard of living adequate for health and well being of himself and of his family. States should recognise everybody’s right to an adequate standard and to continuous improvement of living conditions. Thus, inherent right to life shall be protected by law. Principle 1 of the declaration of UN Conference on Human Environment, 1972 proclaimed that man has the fundamental right to freedom, equality and adequate conditions of life in an environment of a quality that permits a life of dignity and well being. After this Stockholm Declaration, references to a right to decent, healthy and viable environment was incorporated in several Global and Regional Human Rights Treaties and in resolutions of International Organisations.

Right to Environment - As a Fundamental Right guaranteed in Indian Constitution Environmental values or rights may be constitutionalised either explicitly by amending the constitution or implicitly by interpreting the existing constitutional language to include environmental protection. Immediately after the Stockholm Declaration, there was a growing trend in national legal systems to give constitutional status to environmental protection. India followed in the pursuit by amending the Constitution to include environment specific provisions in 1976. The birth of right to environment was the direct result of an inclusion these additional provisions. 87 Understanding The Indian Supreme Court, being one of the most active judiciaries in the world, Environment also created a landmark in the quest of international judicial activism by developing the concept of right to healthy environment as a part of right to life under Art 21 of our Constitution. Art 21 reads as follows: No person can be deprived of his life and personal liberty except according to the procedure established by law.

Thus, in India, the higher judiciary has interpreted Art 21 to give it an expanded meaning of including the right to a clean, safe and healthy environment. Class actions have been entertained by the Supreme Court under Art 32 of the Constitution as being part of public interest litigation actions. The High Courts, also being granted this jurisdiction under Art 226 have intervened by passing writs, orders and directions in appropriate cases, thereby giving birth to an incomparable environmental jurisprudence in the form of the constitutional right to healthy environment. A chronological analysis of the environmental mission of the courts has been undertaken in order to explicate the development of the ideology of right to environment as being part of the right to life in the Indian context.

4.10 SUMMARY • In this unit, we discussed the meaning of Environmental Laws and learnt a good deal about its Historical Perspectives. We saw how Environmental Law originated in India. • We also made an appraisal of the historical background to environmental protection in ancient India, particularly in the context to Hindu Era, Mughal Era and British Era. • Further, we discussed at length arrival of the British and the formation of Environmental Laws in India. • We also discussed, some important Acts formed on Environmental Protection along the British reign in India and significant developments that took place in the international scenario including UN Conference. • In addition we also made excursions into the Fundamental Right to Live in Healthy Environment.

4.11 TERMINAL QUESTIONS 1) Discuss the meaning of Environmental Laws? Explain environmental protection in ancient India? 2) Explain the origin of Environmental Laws? 3) Describe the position of Environmental Laws in India after the arrival of British? 4) What are the laws and policy available against Air Pollution? 5) Briefly explain the significant development that took place in the international scenario with regard to environmental problems? What are their impacts in India?

88 Origin of Environmental 4.12 ANSWERS AND HINTS Law Self Assessment Questions 1) Refer to Section 4.1 2) Refer to Section 4.3 3) Refer to Section 4.4 4) Refer to Section 4.4 5) Refer to Section 4.5 6) Refer to Section 4.6 and 4.7 7) Refer to Section 4.7 Terminal Questions 1) Environmental law is a body of law, which is a system of complex and interlocking statutes, law, treaties, conventions, regulations and policies which seek to protect the environment which may be affected, impacted or endangered by human activities. Some environmental laws regulate the quantity and nature of impacts of human activities: for example, setting allowable levels of pollution or requiring permits for potentially harmful activities. Other environmental laws are preventive in nature and seek to assess the possible impacts before the human activities can occur. While many countries worldwide have since accumulated impressive sets of environmental laws, their implementation has often been woeful. In recent years, environmental law has become been a critical means of promoting sustainable (or “sustainability”). Policy concepts such as the precautionary, public participation, environmental justice, and the polluter have informed many environmental law reforms in this respect. There has been considerable experimentation in the search for more effective methods of environmental control beyond traditional “command-and-control” style regulation. Taxes, emission, voluntary standards such as ISO 14000 and negotiated agreements are some of these innovations. Elaborate on Ancient Indian history. 2) Summarise the entire unit, giving examples mention about different phases of evolution of understanding of environment issues. 3) The British conquest in India brought about a plunder of natural resources coupled with a complete indifference towards environmental protection. A general survey of early environmental legislation reveals that apart from the forest laws, nineteenth century legislation also partially regulated two other aspects of Indian environment. Water pollution and wildlife. These laws, however, had a narrow purpose and limited territorial reach. Some of the early efforts include the enactment of the Shore Nuisance (Bombay and Kolaba) Act of 1853 and the Oriental Gas Company Act of 1857. The Indian Penal Code, enacted in 1860, imposed a fine on a person who voluntarily fouls the water of any public spring or reservoir. In addition, the Code penalised negligent acts with poisonous substances that endangered life or caused injury and proscribed public nuisances. Laws aimed at 89 Understanding controlling air pollution were the Bengal Smoke Nuisance Act of 1905 and Environment the Bombay Smoke Nuisance Act of 1912. In the field of wildlife protection, early legislation was limited to specific areas and particular species, thereby aiming at the conservation of biodiversity. It is clear that legislative measures were taken by the British Government for prevention of pollution and for conservation of natural resources. Although critics point out that the British enacted these legislations, not with the object of protecting the environment but with the aim of earning revenue for themselves, it should be regarded as the first step towards the scientific conservation of natural resources. Despite the fact that these measures were made with ulterior motives, British-enacted legislations have contributed significantly to the growth of environmental jurisprudence in India. 4) Air pollution, one of the emerging areas through which environment was explained, write about the policies and coining of Air Pollution Laws. 5) Rapid economic, scientific and technological advancements have shown massive repercussions in the form of degradation of ecological balances. Due to large scale occurrence of environmental crises, the global community has expressed major concern over environmental protection and environmental development. Amidst some serious endeavours, significant developments took place in the international scenario. United Nations Conference on Human Environment In the backdrop of some sincere efforts of tackling pollution control, for the first time, the attention of the world was drawn towards environment in the United Nations Conference on Human Environment was held at Stockholm in June 1972. The Declaration on Human Environment was passed containing twenty-six principles, with the main object of overcoming environmental problems related to the development of States and to provide clean & healthy living conditions.

4.13 GLOSSARY Sustainability : To keep in existence. Imperialism : The policy or practice of extending a state’s rule over other. Deforestation : The cutting down and removal of all or most of the trees in a forested area. Laissez-faire : An economic doctrine that opposes governmental regulation of or interference in commerce beyond the minimum necessary for a free-enterprise system to operate according to its own economic laws. Protagonist : A person who backs a politician. Statutes : A law enacted by a legislature. Conventions : An agreement between states, sides, or military forces, especially an international agreement. Treaties : A contract or agreement. 90 Regulations : A principle, rule, or law designed to control or Origin of Environmental govern conduct. Law Writ : A written order issued by a court, commanding the party to whom it is addressed to perform or cease performing a specified act. Deleterious : Injurious Repercussions : Consequences. 4.14 REFERENCES AND SUGGESTED READINGS • PARAS DIWAN- Environmental Administration Law and Judicial Attitude. • H.N. TIWARI- Environmental Law. • Environmental Law and Policy in India by Shyam Divan and Armin Rosen Cranz.

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