In this article, Aishwarya Borgohain put forth International Conventions on Environment Protection Ratified by India.

Introduction – Paving the Road towards Environment Day

Plans to protect air and water, wilderness and wildlife are in fact plans to protect man. – Stewart Udall

Now an often-repeated and much valued principle of policy and governance, environmental protection was hardly seen as an underlying consideration where industrial development was concerned. The ramifications, detrimental as they proved to be to the quality of the environment itself, were nevertheless alarming enough to act as an impetus to swift global action, formulated through various treaties and conventions.

International Discourse – the North-South Debate

This formulation of a framework of laws having cross-territorial applicability can hardly be said to have come about without challenges. Notably, discussions were divided on a ‘North-South’ basis, with the developed countries as the former adopting the position that all countries should protect their environments and reduce greenhouse gas emissions. The developing countries, as the latter, took the stance that the measures could slow their development and that the North should be primarily held responsible as it is responsible for a majority of the world’s current GHG emissions.[1] The governing view that has since emerged is that of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC), keeping in mind the role of each state and its corresponding liabilities.[2]

India’s participation in Multilateral Environment Agreements and Implementation thereof

UN Framework Convention on Climate Change (UNFCCC), 1992

• Aim: Stabilize GHG emissions, adopt CBDR approach to sustainable development.
• Year of ratification: 1993 (agreement signed by India in 1992)
• Implementation in India: Working groups constituted by THE Ministry of Environment and Forests (MoEF), NATCOM (National Communication) prepared by the Government, with GHG inventory being duly communicated.  Other measures include Establishment of the Technology Information, Forecasting and Assessment Council under the Department of Science and Technology, and formulation of the Participatory Forest Management Strategy of the Government of India

Montreal Protocol on Substances that Deplete the Ozone Layer (to the Vienna Convention for the Protection of the Ozone Layer), 1987

• Aim: Reduction in the consumption and production of ozone-depleting substances (ODS), while recognizing differences in a nation’s responsibilities.
• Year of Accession: 1992
• Implementation in India: Commercial banks have been prohibited from financing investments with ODS technologies. Steering Committee on the Montreal Protocol has been formulated, as have Ozone Depleting Substances (Regulation and Control) Rules, 2000 (drafted by the MoEF)

India is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 1973

• Aim: control international commercial trade in endangered species
• Year of Accession: 1976  Implementation: Trade is jointly regulated through the Wildlife (Protection) Act, 1972, the Import/Export policy of Government of India, and the Customs Act 1962

Basel Convention on Trans-boundary Movement of Hazardous Wastes, 1989

• Aim: Reduce trans-boundary movement and creation of hazardous wastes
• Year of ratification: 1992
• Implementation: The Indian Hazardous Wastes Management Rules Act 1989 provides a statutory framework to give force to this MEA.

Convention on Biological Diversity, 1992

• Aim: Addressing biodiversity conservation and sustainable usage, habitat preservation, and protection of indigenous people’s rights, and intellectual property.
• Implementation: Wildlife (Protection) Act, 1972 enacted.

Other conventions India is signatory to includes International Tropical Timber Agreement and The International Tropical Timber Organisation (ITTO), 1983, and UN Convention on Desertification, 1994.

Cartagena Protocol on Biosafety

• Aim: protect biodiversity from potential risks posed by living modified organisms (LMOs), resulting from modern biotech.
• Year of ratification: 2003
• Implementation: Conference of the Parties to the Convention (COP) reviews the implementation of the protocol; India held the sixth meeting of the parties (MOP) in 2012.

Prior Informed Consent (PIC), Rotterdam Convention

• Aim: Promote international cooperation in trade of hazardous chemicals, to protect human health and environmental safety.
• Year of ratification: 2005
• Implementation: statutory backing for the same has been laid down in Hazardous Wastes (Management and Handling) Rules, 1989.

Development of Environmental Jurisprudence in India

1.   Public interest litigation

Judicial activism in the field of environment law has played a considerable role, with cases such as L.K.Koolwal v. State of Rajasthan[3] upholding the Constitutional right to a clean environment, and the MC Mehta cases bringing to the fore the need for expanding the scope of locus standi in this arena of law.  

2.  Polluter Pays and Precautionary principles

Expounding on the liability to be imposed, the Court interpreted in Vellore Citizens Welfare Forum vs Union Of India & Ors[4] that there is a two-pronged duty that operates – one to compensate the victim, and two, to restore the environment to its condition prior to degradation.  It highlighted the polluter pays principle in Indian Council for Enviro-legal Actions v. Union of India[5] as being imperative to sustainable development.

3.  Absolute Liability

As propounded most famously in Union Carbide Corporation v. Union of India[6], inherently dangerous activities- that go beyond the scope of strict liabilities- alone impose a complete obligation, not subject to any exemptions.

India’s Statutory and Administrative Framework

Enactments that give force to these MEAs include:

1. Environment Protection Act, 1985: It stands as an overarching act for environmental legislation in India. Various notifications have been issued within the ambit of this Act (notably Coastal Regulation Zone Notification, 1991, Revdanda Creek Notification, 1989, and the Taj Trapezium Notification, 1998.)
2. Corresponding Environment (Protection) Rules, 1986 have been laid down, and The National Environment Appellate Authority Act, 1997 has set up the Authority for overhearing appeals in environmental cases.
3. Water (Prevention and Control of Pollution) Act, 1974: regulates pollutant discharge, and provides for the setting up of non-compliance penalties; administration is done through the relevant State or Central Pollution Control Boards.
4. Air (Prevention and Control of Pollution) Act, 1981, which aims to control the levels of air pollution, through measures such as specification of National Ambient Air Quality Standards (NAAQS), and empowerment of Boards to ensure compliance. The Air (Prevention and Control of Pollution) Rules were formulated soon after in 1982, to lay down the powers of officers under the Act, and the procedures to be followed.
5. Atomic Energy Act, 1982 was enacted to deal with the issue of radioactive waste management, and the Hazardous Wastes (Management and Handling) Rules, 1989, provides a basis on which to manage and handle such wastes.
6. Motor Vehicles Act, 1988: Aimed to address vehicular traffic and transportation of hazardous wastes.
7. The Wildlife (Protection) Act, 1972, Amendment 1991, and The Forest (Conservation) Act, 1980, are two other statutes that have been adopted to provide measures for the protection of forests and fauna.

Forging The Way Ahead

India has been active in its participation on the international scenario, as seen from its activities on the ‘Global Tiger Forum’ (GTF), and the Like-Minded Mega-Diverse Countries (LMMDCs). The requirements themselves are ever-changing, and thus need the continuous of evolution of the law, which must duly keep pace. Consistent have been taken by the MoEF and various other Ministries to abide by, and give force to, the international commitments that the country has made.

Reference

More on climate and environment protection laws!

Legal Framework In India To Protect The Environment

Important Laws On The Protection Of Environment

How Do Environmental Laws Affect Us?

 

[1] Jesse Cameron-Glickenhaus, North-South Debate, ‘Green Issues and Debates: An A-to-Z Guide’, SAGE Knowledge; Accessed from http://dx.doi.org/10.4135/9781412975728.n83

[2] Articles 3 & 4, United Nations Framework Convention on Climate Change (UNFCCC) 1992

[3] AIR 1988 Raj 2, 1987

[4] WP 914/1991 (1996.04.26)

[5] 1996 AIR 1446

[6] 1992 AIR 248