terminology of ecology

14 Pages·2015·0.23 MB·English

habitat. This all is accomplished by the
development of some characteristics.
TERMINOLOGY OF ECOLOGY  Ecad: Some of the species have more than

one kind of populations spread over wide
range of habitat conditions. An ecad of a plant
 Species: A species is a natural biological unit
species in a population of individuals which
tied together by the sharing of a common gene
although belong to the same genetic stock, but
pool. It can be also defined as a uniform
differ markedly in vegetative characters such
interbreeding population spread over time and
as size, shape, number of leaves, stems etc.
space.
These variations are simply environmentally
induced, and thus are temporary or reversible
 Vegetation: the collective and continuous
i.e. one type of ecad may change into another
growth of plants in space is called vegetation.
with the change in its habitat.
Thus, vegetation is actually the totality of plant
growth including large or small productions of
 Ecotype: An ecotype is a population of
each species intermixed in a region. In other
individuals of a species, which are genetically
words we may say that vegetation is the sum
different. Since different ecotypes are inter-
total of plant population covering a region.
fertile, these are kept under the same
taxonomic species. Their variations are
 Flora: Flora is the species content of the
permanent and irreversible as these are
region irrespective of the numerical strength of
genetically fixed.
each species.
 Ecotone: Although plant species grow in
 Population: A population is a group of
association with each other in groups as
individual organism of the same species in a
communities in nature, there is hardly
given area.
distinguishable a point or sharp line of
distinction between the two different
 Community: A community is a group of
communities. There is generally a zone of
populations of different species in a given
transition, presenting a situation of special
area. It thus includes all the populations in that
ecological interest between two different types
area- all plants, all animals and all
of communities, which is known as ecotone.
microorganisms.
 Life Form: A life form is the sum of adaptation
 Factor: Any external force, substance or
of the plant to the climate. This view point is
condition that affect organisms in any way, is
considered in the physiognomic method of
known as factor.
study of plant communities.
 Environment: The sum of all factors constitute
 Biological Spectrum: The percentage
environment. It thus become indeed a complex
distribution of species among the various life
of so many factors, better referred to as
forms of a flora is called the biological
environmental complex.
spectrum of that place.
 Habitat: The place, where an organism lives,
 Ecological Succession: Vegetation is hardly
or the place where one would go to find the
stable, and thus dynamic, changing over time
particular organism is known as the habitat of
and space. Although comparatively less
the organism. The habitat of organism actually
evident than vegetation, animal populations,
represents a particular set of environmental
particularly lower forms, also show dynamic
conditions suitable for its successful growth.
character to some extent. Succession is a
natural process by which different groups or
 Adaptation: Any species puts its efforts to
communities colonize the same area over a
make full use of available nutrient pool ad
period of time in a definite sequence. The
other environmental conditions prevailing in
succession, which starts from a primitive
the area of its growth. It ensures its own
substratum without any previous living matter,
protection against adverse conditions of the
is known as the primary succession, whereas
that starting from the previously built up  Standing Crop: The amount of living material,
substratum where living matter already present in a component population at any time,
existed, is known as the secondary is known as the standing crop, which may be
succession. If the existing community, as a expressed in terms of number or weight per
result of its reaction with the environment, unit area.
causes its own replacement, then such a
succession is known as the autogenic  Biomass: Biomass is the standing crop
succession but if the replacement of the expressed in terms of weight(i.e. organism
existing community takes place due to the mass ) of the living matter present.
influence of any external force or condition,
then it is called allogenic succession.  Food chain: In any ecosystem, various living
organisms are arranged in a definite sequence
 Climax: In the natural process of succession, according their food habits. Plants are
one community continues to follow another, producers which are eaten by herbivores,
until a stage comes when a type of community which are turn are eaten by carnivores. This
cannot be displaced under the prevailing transfer of food energy from the source in
environmental conditions. This final, terminal plants through a series of organisms with
community, that can maintain itself more or repeated eating and being eaten is known as a
less indefinitely in a equilibrium with the food chain of a ecosystem.
prevailing environment, is known as the climax
community and the stage is said to be the  Food web: Under natural conditions in the
climax. same ecosystem, depending upon the variety
of organisms, there generally operate a
 Biome: A complex of several types of number of linear food chains at a time. These
communities, some in climax stage and others chains are interlinked with each other at
in different stages of succession, maintained several points. These interlocking pattern of a
more or less similar climatic conditions is number of food chain forms a web like
known as biome. arrangement known as a food web.
 Ecosystem: In a given area, the biotic  Productivity: The rate of production i.e.
assemblage of all the organisms, plant as well amount of organic matter accumulated in the
as animal communities, that there is flow of living component of an ecosystem in unit time
energy leading to clearly defined tropic is referred to as the productivity of the
structure, biotic diversity and material cycles ecosystem. Primary productivity is defined as
within a system , is known as an ecological the rate at which radiant energy of a sun is
system or ecosystem . An ecosystem is the stored by photosynthetic and chemosynthetic
whole biotic community in a given area plus its activities of producers in the form of organic
biotic community in a given area plus its abiotic substances, used as food material. The rates
environment. of energy stored at consumer level are referred
to as second productivity.
 Biosphere: The earths living organisms
interacting with their physical environment may  Gross primary productivity: it is the total rate
be considered as a giant ecosystem, which is of photosynthesis, including the organic matter
the largest and most nearly self-sufficient used up in respiration during the period of
biological system we know, and this is measurement, This is also called Total
designated as the biosphere or ecosphere. Photosynthesis or Total Assimilation.
Thus the plant earth along with the
atmosphere, hydrosphere lithosphere which  Net Primary Productivity: It is the rate of
sustain life is known as biosphere. storage of organic matter in plant tissue in
excess of that utilized in respiration by plants
 Standing State: The amount of inorganic during the period of measurement. This is also
substance, such as P, S, C, N, H etc. present called Apparent photosynthesis or Net
at any given time in the environment of an Assimilation.
ecosystem, is known as the standing state or
standing quality.
 Net productivity: Net productivity of a laws to protect the environment. The Wildlife
community is the rate of storage of organic (Protection) Act 1972 was the first such statute to
matter not used by heterotrophs i.e. net be promulgated. In the following years the Water
primary production minus heterotrophic (Prevention and Control Population) Act of 1974,
consumption, during the period under The Forest (Conservation) Act 1980, The Air
consideration. (Prevention and Control of Population) Act 1981,
and The Environment (Protection) Act 1986
 Biogeochemical cycles: More or less circular collectively gave the country a bundle of strong
path ways, through which the chemical laws.
elements, including all the essential elements
of the protoplasm, circulate in the biosphere  India has had a colurful history. With each phase
from environment to organisms and back to of colonization, either by the Aryans in one of the
the environment, are known as the earliest civilizations of the world, to the occupation
biogeochemical cycles. of the country by the Mughals from Central Asia
and finally the three hundred year old domination
 Ecological Niche: Ecological niche of an by England, Environmental Laws have kept pace
organisms include the physical space occupied with each phase according to the administrative
by it, its functional role in the community i.e. desires of the occupants of this country.
trophic position, and its position in environment
gradients of temperature, moisture, ph of soil  Kautilya’ Arthashastra in Mauryan period wrote
etc. and the condition of existence. Organisms about environmental protection in the large canvas
that occupy the same or similar ecological of ethical administration. Yajnavalkya Smriti, a
niche in different geographical reasons are historic Indian text on statecraft and jurisprudence,
known as Ecological Equivalents. suggested to have been written before the 5th
century AD, prohibited the cutting of trees and
UNIT-3 prescribed punishment for such acts. Ashoka went
further, and his Pillar Edicts expressed his view
ENVIROMENTAL JURISPRUDENCE about the welfare of environment and biodiversity.
HISTORY OF ENVIROMENTAL LAWS IN INDIA &  The British colonized India and for the next three
ENVIROMENTAL JURISPRUDENCE hundred years plundered the natural resources in
the country. Through environmental laws were
INTRODUCTION passed, they were myopic with limited territorial
reach. In 1855 Lord Dalhousie, the then Governor
 Stockholm Conference (held in Sweden capital General of India, started the Indian Forest
Stockholm, known as The United Nations Department which led to the annexation of large
Conference on the Human Environment, in June tracts of land under the pretext of conservation of
1972) marked the beginning of a new era of forests. In the end, the British hardly helped save
environmental management and protection in the environment of India, but they did leave behind
India. Since then India has been a major player a text of environmental laws which had no teeth.
in the articulation of international environmental After India achieved independence, these laws
issues and debate. It is a ring leader of a group of were suitably amended and then put into greater
nations which could define the environmental and force. After the Stockholm Conference in 1972,
climate change mitigation pursuits in a new environmental laws in India were brought with
direction. Yet it is a misconception that India’s greater enthusiasm and ably supported by the
torrid love affair with the environmental only began judiciary with landmark judgments.
in 1972, around the Stockholm Conference. In
fact, environmental issues have always held  In 1985, Indian government created the Ministry of
central position in holistic India philosophy. Environment and Forest. This ministry is the
central administrative organization in India for
 With a large country and as diverse as India, the regulating and ensuring environmental protection.
success of a particular law can be debate. Yet the Despite active passage of laws by the central
highest judiciary of the country has been part of government of India, the reality of environmental
the success story with landmark judgments which quality mostly worsened during 1947 to 1990.
have tried to upload the stringent measures of the Most of Indian economy was nationalized and
owned by India, and regulations were mostly protection and improvement. However, it was
ignored by state run enterprises. Rural poor had replaced by a National Committee on
no choice, but to sustain life in whatever way Environmental Planning (NCEP) with almost
possible. The state governments of India often the same functions.
regarded environmental laws enacted by the
central government as a mere paperwork Environmental legislation in the mid 80’s
formality. Air emissions increased, water
population worsened, forest cover decreased.  The Tiwari Committee in the 80’s which was
set up for recommending legislative measures
Environmental legislation in the 70’s and administrative machinery to strengthen the
existing arrangements towards environmental
 The watershed event in the environmental protection, recommended establishing the
movement was the Stockholm Conference on Department of Environment (DOE) for dealing
Human Environment in June 1972. The with various aspects of environment and
conference made it apparent to all attendees ecology. The department of Environment,
that each nation needed to adopt created in 1980, performed on oversight role
comprehensive legislation addressing health for the central government. DOE did
and safety issues for people, flora and fauna. environmental appraisals of development
Stockholm served as the genesis for the series projects, monitored air and water quality,
of environmental measures that India passed established an environmental information
in the years to come. It has also been system, promoted research, and coordinated
suggested the international events such as activities between federal, state and local
Stockholm provided the cover Indian officials governments. However DOE was criticized, by
needed to implement national environment environmental groups who recognized that
policy without the vitriolic backlash normally with its small political and financial base the
expected from industry. The year 1972 was a agency was weak and symbolic in nature.
landmark in the history of environmental Environmentalists also recognized that DOE
management in India. The wildlife (protection) would essentially serve as an advisory body
Act promulgated in 1972, was the first such with few enforcement powers.
statute which provide a statutory framework for
protecting wild animals, plants and their  The government of Prime Minister Rajiv
habitants. The act adopts a two-pronged Gandhi recognized these deficiencies as well,
conservation strategy: protecting specific and shortly after his administration began in
endangered species regardless of location, 1985 created the Ministry of Environment and
and protecting all species in designated areas Forests (MOEF). MoEF was more
called sanctuaries and national parks. In the comprehensive and institutionalized, and had a
following years the Water (Prevention and Union Minister and Minister of State, two
Control of Population) Act of 1974 gave the political positions answering directly to the
country strong laws. Prime Minister.
 Prior to 1972, environmental issues such as  The 80’s witnessed the continuing decline in
sewage disposal, sanitation and public health the quality of the environment, together with
were dealt with independently by the different the Bhopal gas tragedy that had killed more
ministries without any co-ordination or than 2500 people. This spurred that Central
realization of the interdependence of the Government to adopt stronger environmental
issues. In the February 1972, a National policies, to enact fresh legislation and to
Committee or Environmental Planning and create, reorganize and expand administrative
Coordination (NCEPC) was set up in the agencies. In 1981, the Air (Prevention and
department of the Science and technology, Control of Population) Act was passed, and in
which was established as National Committee 1986 as fallout of the Bhopal gas tragedy, the
on Environmental Planning (NCEP) in April Parliament passed the Environmental
1981, based on the recommendations of the Protection Act (1986), this was an “umbrella”
Tiwari Committee (Set up in 1980). The legislation designed to provide a frame work
NCEPC functioned as an apex advisory body for Central Government coordination of the
in all matters relating to environmental activities of various central and state
authorities established under previous laws,  Recently the Indian Forest (Amendment)
such as the water Act and Air Act. It was also Bill, 2012 was introduced in the Rajya Sabha
an “enabling” law, which articulated the on March 26, 2012 (Pending): The Bill amends
essential legislative policy on bureaucrats, to the Indian Forest Act, 1927 (the principal Act).
frame necessary rules and regulation. The Act The Act consolidates the law related to forest
served to back a vast body of subordinate and forest produce. It prohibits certain
environmental legislation in India. activities, some of which are punishable with
imprisonment of up to six month or a fine of Rs
 The Atomic Energy Regulatory Board in India’s 500. These include marking fresh clearances
nuclear safety organization, created in 1983 to in forests and setting fire to a reserved forest.
ensure that the use of ionizing radiation and These offences can be compounded by
nuclear energy in India does not cause undue officers empowered by the state government.
risk to health or environment. Its actions are [To compound an offence means to accept
derived from the Atomic Energy Act of 1962, compensation in lieu of punishment. This relief
and the Environmental (Protection) Act of is also allowed under Section 320 of the
1986. Criminal Procedure Code, 1973 for certain
offences.
 National Wasteland Development Board
was established in 1985 under the ministry of 1972 – The Wildlife (Protection) Act,
forests and environment mainly to tackle the 1972
problem of degradation of lands, restoration of
ecology and to meet the growing demands of Wildlife protection has been a focal point of
fuel wood and fodder at the national level. every ruler in India. The earliest law on wildlife
protection was created by Ashoka, the king of
Environmental laws in the 90’s Magadha. The first codified law on wildlife
protection was created by the British and was
The 90’s heralded trade liberalization and called the Wild Birds Protection Act, 1887,
Globalization. Since 1991 India has adopted This Act protected wild species of birds which
new economic policies to spur development. were hunted especially during their breeding
In an effort to integrate the Indian economy season. This British subsequently passed the
with global trade, the government has reduced Wild Birds and Animals Protection Act, 1912
industrial regulation, lowered international and amended it in 1935, but both proved futile
trade and investment barriers and encouraged in their attempt to protect wildlife. With the
export-oriented enterprise. In December 1993, Second World War, wildlife protection took a
the MoEF completed its Environmental Action backseat but with the independence of India,
Plan to integrate environmental considerations the Constituent Assembly in the Draft
into development strategies, which, among Constitution placed “Protection of Wild Birds
other priorities, included industrial pollution and Wild Animals” at entry No.20 in the State
reduction. The MoEF also decided to shift List and the State Legislature has been given
from concentration to load-based standards. power to legislate. It was only in the late
This would add to polluter’s coasts and 1960’s which saw a concern for the depleting
remove incentives to dilute effluents, and numbers of wildlife due to illegal poaching.
strengthen incentives for adoption of cleaner The Act was passed on 9th September, 1972.
technologies. Amendments to the Act were brought in 1976,
1982,1991 and 1993. The last amendment
ENVIRONMENTAL LAWS @ WILDLIFE was brought in 2003 which made penalties
AND BIOLOGICAL DIVERSITY much more stringent. The Wildlife (Protection)
Act 1972 was the first piece of legislation
 1972 – The Indian Forest Act and passed to protect the environment. The
Amendment, 1984. It is one of the many Wildlife Act sought to protect species of
surviving colonial statutes. It was enacted animals and birds which were under threat of
to ‘consolidate the law related to forest, extinction. In essence India had a definitive
the transit to forest produce, and the duty set of environment protection and
leviable on timber and other forest enhancement acts before the Rio Declaration
produce’. came into force. It can be concluded that
India thus had a set of laws which could  1970 – The Merchant Shipping Act
counter any environment issue. The Wildlife aims to deal with waste arising from
Protection Act, rules 1973 and Amendment ships along the coastal areas within a
1991 provides for the protection of birds and specified radius.
animals and for all matters that are connected
to it wheather it be their habitat or th e Water (Prevention and Control of Population)
waterhole or the forests that sustain them. Act, 1974 and Rules 1975, The Water
(Prevention and Control of Population) Act was
The Wildlife Protection (Amendment) passed in 1975. It was the first legislation
Bill, 2013 (pending) which systematically dealt with issues of water
population in India. It is expansive and applies
 The Wildlife (Protection) Amendment Bill, 2013 to streams, inland waters, subterranean waters
was introduced in the Rajya Sabha on August and sea or tidal waters. The Act works through
5, 2013. The Bill has been referred to the a system of “command and control” by
Standing Committee on Environment and establishing State Pollution Control Boards
Forests. The Bill seeks to amend the Wild Life which prescribes standards of discharge and
(Protection) Act, 1972. This Act provides for exceeding such standards are met with
the protection and conservation of wild penalties which include fines and
animals, birds and plants. It also covers the imprisonment.
management of their habitats and regulation
and control of trade of commerce linked to  The Water (Prevention and Control of
wildlife. According to the government, India is Population) Act, 1974 was an effort to reduce
a party to the Convention on International and stop population in rivers. It establishes an
Trade in Endangered Species of Wild Fauna institutional structure for preventing, abating
and Flora (CITIES) and amendment to the Act water population and standards for water
are necessary for India to fulfil its obligations quality and effluent. Polluting industries must
under the CITIES. seek permission to discharge waste into
effluent bodies. The CPCB (Central Pollution
 1980 – The Forest (Conservation) Act Control Board) was constituted under this act.
and Rules, 1981, provides for the
protection of the conservation of the  1977 – The Water (Prevention and Control of
forests. Population) Cess Rules contains the standard
definitions and indicate the kind of and location
Environmental laws related to Water of meters that every consumer of water is
required to affix.
 1882 – The Easement Act allows
private rights to use a resource that is,  1991 - The coastal regulation zone notification
groundwater, by viewing it as an puts regulation on various activities, including
attachment to the land. It also states construction, are regulated. It gives some
that all surface water belongs to the protection to the backwaters and estuaries.
state and is state property.
Environmental laws related to the
 1897 – The Indian Fisheries Act establishes Environment protection / Air Population
two sets of penal offences whereby the
government can sue any person who uses  1948 – The Factories Act and Amendment in
dynamite or other explosive substance in any 1987 was the first to express concern for the
way (weather coastal or inland) with intent to working environment of the workers. The
catch or destroy any fish or poisonous fish in amendment of 1987 has sharpened its
order to kill. environmental focus and expanded its
application to hazardous processes.
 1956 – The River Boards Act enables
the states to enroll the central  1981 – The Air (Prevention and Control
government in setting up and Advisory Population) Act, 1981 was enacted to by the
River Board to resolve issues in inter- Central Government in pursuance to the
state cooperation. Stockholm Declaration in 1972. The Act is
mirrored on the Water (Prevention and Control a framework for management of hazardous
of Population) Act, 1974. The Act has been substance, prior assessment of the
passed by the Central Government but the environmental impact of major development
executive functions are carried out by the State projects, discharge of industrial pollutants and
Population Control Boards (SPCB). The Act effluents into the environment, guidance for
provides for the control and abatement of air industrial sitting, and management of chemical
population. It entrusts the power of enforcing accidents. The EPA takes away the
this act to the Central Population Control independence of the States with regards to
Board (CPCB). It was made to take action and legislation towards issue of the
appropriate steps for the preservation of the environment. The Act requires the State to get
natural resources of the earth which, among clearance from the Centre to flag off projects.
other things, includes the preservation of the This political invasion leads to many
quality of air and control of air population. It foreseeable delays.
became the first environmental act to put into
words the complete spectrum of environmental  1988 – The Motor Vehicles Act states that all
issues affecting the air population and also hazardous waste is to be properly packaged,
gave guidelines. This not only protected the air labeled, and transported.
but to also improved its quality. The act must
be lauded for an all-inclusive outlook towards  1991 – The Public liability Insurance Act, 1991
defining key environmental terms. came on the heels of the Bhopal Gas tragedy.
It mains aim was to provide relief to victims of
 1982 – The Atomic Energy Act deals with the industrial disaster victims. It became obligatory
radioactive waste. for industrial set-ups to obtain insurance which
was equivalent to the capital needed to
 1986 – The Environmental (Protection) Act, establish the industry. The District
1986 was enacted in pursuance to the Administration was responsible in giving
Stockholm Declaration, 1972 which India was compensation to the effected person in
a signatory to. The Ministry of Environment reasonable time. The Public liability Insurance
and Forest was created in 1985, and thus the Act (PLIA) was passed in 1991. The basis for
Environment (Protection) Act was legislated as the Act is ‘No Fault Liability’.
umbrella legislation for environmental
protection and regulation of development Taj Trapezium Notification (1998)
activities. After the Bhopal Gas Tragedy which
looks place in 1986, there was a sense of The Central Government has constituted an
urgency to prevent such catastrophic incidents authority known as the Taj Trapezium Zone
by creating a mechanism of co-operation in Pollution (Preventing and Control) Authority. This
planning, policy making and co-ordination of authority is empowered to monitor the
action between the Central and State implementation of various schemes for the
Governments. The purpose behind creating protection of the Taj Mahal and protection and
the Act was to give force to the Article 48(A) of improvement of the environment in the
the constitution of India which states Geographical limits of the Taj Trapezium.
“Protection and improvement of environment
and safeguarding of forests and wild life .The The Biological Diversity Act, 2002
State shall endeavour to protect and improve
the environment and to safeguard the fores t India is a party to the convention of Biological
and wildlife of the country”. The Act also gave Diversity, 1992 which gives every nation,
force to Article 51 (A) (g) of the Constitution of which has ratified the Convention, the right of
India. sovereignty over its natural resources. In
pursuance of the same India created an
 The Environment (Protection) Act (EPA), 1986, umbrella act which is the Biological Diversity
was the first Indian legislation to deal with Act, 2002. The Act fulfills its obligations under
environment protection and its components in the Convention of Biological Diversity; harness
a holistic way. However, many critics say that it India’s natural resources in a sustainable,
was the Bhopal tragedy that precipitated the conserve natural resources, facilitate access to
enactment of the legislation. The EPA provided the resources in a just manner, sharing
benefits arising out of such access and use, country to have a dedicated all-encompassing
use of natural resources for commercial and Green Tribunal.
research purposes of bio-survey and bio-
utilization, and transfer of research results an d Public interest litigation has been used by the
application for intellectual property rights higher judiciary to ensure environment
(IPRS) relating to Indian biological resources. protection and safeguard public interest. India
has now become the third country in the world
The National Biodiversity Authority (NBA) to start a National Green Tribunal (NGT) which
is a judicial body exclusively meant to judje
 The National Biodiversity Authority has been environment cases. The National Green
established in Chennai, Tamil Nadu in Tribunal has been established under the
October, 2003 pursuant to the Biological National Green Tribunal Act, 2010 for effective
Diversity Act, 2002. Since its establishment, and expeditious disposal of cases relating to
NBA has supported creation of State environment protection and conservation of
Biological Boards (SBBs) in 26 States and, forest and other natural resources. The
facilitated establishment of around 32,796 Tribunal is mandated to make and Endeavour
Biodiversity Management Committees. It for disposal of applications or appeals finally
performs function like laying down procedures within 6 months of filing of the same. The
and guidelines to govern the activities like predecessor to the NGT, the erstwhile National
obtaining any biological resource, transferring Environment Appellate 6 Authority has been
the results of any research and certain superseded by the NGT.
collaborative research projects exempted.
The NBA advices the Government of India on Green Bench
specific areas like notifications of threatened
species, designate institutions as repositories  On April 16, 1996, a division bench of the
for different categories of biological resources Supreme Court (SC) directed the chief justice
and exempt certain biological resources, of the Calcutta High Court to constitute a
normally traded as commodities. special division bench to hear environment-
related petitions – and the nation’s first green
National Green Tribunal (NGT) bench was born. The SC has directed this
bench to meet once a week. The green bench
 The Lok Sabha passed the National Green of the Supreme Court will continue to oversee
Tribunal (NGT) Act of 2000 on 18 October matters relating to sanctuaries and national
2010. It replaced the National Environment parks as wildlife is not part of the NGT’s
Tribunal Act, 1955, and the National jurisdiction.
Environment Appellate Authority Act, 1997. It
encompasses within it the Fundamental Right Environment Impact Assessment
to a Healthy Environment that is enshrined in
the Indian Constitution under Article 21 (66 ). Definition: Environmental Impact Assessment
The Supreme Court of India interpreted Article (EIA) is a process of evaluating the likely
21 which guarantees the fundamental right to environmental impacts of a proposed project or
life and personal liberty, to include the right to development, taking into account inter-related
a wholesome environment and held that a socio-economic, cultural and human-health
litigent may assert his or her right to a healthy impacts, both beneficial and adverse. UNEP
environment against the State by a writ petition defines Environmental Impact Assessment
to the Supreme Court or a High Court. It (EIA) as a tool used to identify the
heralded a new dawn in environmental environment, social and economic impacts of a
protection. Tribunal in essense is a fast track project prior to decision-making.
court specilization in despensing justice on
environmental issues thus desplacing the  In India the Environment Impact Assessment
burden that the Indian courts are bearing at (EIA) has been used as a management tool to
this moment and giving judicial legitimacy to minimize adverse impacts of the development
principle 13 of the Rio Declaration. After projects on the environment and to achieve
Australia and New Zealand, India is the third sustainable development through timely,
adequate, corrective and protective mitigation
measures. A beginning in this direction was  Recently government constituted a high-level
made in our country with the impact committee to review various environment laws
assessment of river valley projects in 1978-79 in order to bring them in line with current
and the scope has subsequently been requirements. The government taking serious
enhanced, the Ministry of Environment and measures to fasten the environment clearance
Forests (MoEF) has used Environmental process for achieving economic growth without
Impact Assessment as a major tool to cover compromising green issues. The four-member
and regulate industrial development sectors of panel, headed by former Cabinet Secretary
the country such as industries, thermal power TSR Subramanian, has been asked to review
projects, mining schemes etc. for minimizing five key green laws concerning protection and
the adverse impact on environment and conservation of environment, forest, wildlife,
reversing the trends which may lead to climate water and air among others. The panel will
change in long run. The Ministry has so far review the important green laws enacted
constituted twenty seven State/UT level between 1971 and 1986. These laws include
Environmental Impact Assessment Authorities Environment (Protection) Act, 1986, Forest
(SEIAAs) EIA has now been made mandatory (Conservation) Act, 1980, Wildlife (Protection)
under the Environmental (Protection Act, 1986 Act, 1972, The Water (Prevention and Control
for 29 categories of development activities of Population) Act, 1974 and The Air
involving investments of Rs. 50 crores and (Prevention and Control of Population) Act,
above. 1981.
National Environment Policy (NEP), 2006 National Action Plan on climate Change
 The National Environment Policy, launched in  The National Action plan on Climate Change
2006 seeks to extend the coverage, and fill in (NAPCC) was released on 30th June, 2008 to
gaps that still exist, in the light of present state India’s contribution towards combating
knowledge and accumulated experience. The and climate change. The plan outlines Eight
National Environment Policy (NEP) is also National Missions running through 2017. The
intended to be a statement of India’s Ministries involved submitted detailed plans to
commitment to making a positive contribution the Prime Minister’s Council on Climate
to international efforts. This is a response to Change in December 2008. The NAPCC
our national commitment to a clean consists of several targets on climate change
environment, mandated in the Constitution in issues and addresses the urgent and critical
Articles 48 A and 51 A (g), strengthened by concerns of the country through a directional
judicial interpretation of Article 21. It is shift in the development pathway. It outlines
recognized that maintaining a healthy measures on climate change related
environment is not the state’s responsibility adaptation and mitigation while simultaneously
alone, but also that of every citizen. The advancing development. The Missions from
National Environment Policy is intended to be the core of the Plan, representing multi-
a guide to action: is regulatory reform, pronged, long termed and integrated strategies
programmes and projects for environment for achieving goals in the context of climate
conservation; and review and enactment of change
legislation, by agencies of the Central, State,
and Local Governments. The dominant theme The National Action Plan focuses attention
of this policy is that while conservation of of 8 priorities National Missions. These
environmental resources is conservation of are:
environmental resources is necessary to
secure livelihoods and well-being of all, the I. National Solar mission (ministry of New
most secure basis for conservation is to and Renewable Energy)
ensure that people dependent on particular
resources obtain better livelihoods from the The ultimate objective is to make solar energy
fact of conservation, that from degradation of competitive with fossil-based energy options.
the resources. By increasing the share of solar energy in the
total energy mix, it grass roots level. Another
aspect of the mission is to launch an R&D
programme facilitating international co- ecological resources. It also reaffirms the majors
operation to enable the creation of affordable, metioned in the National Environment Policy,
more convenient solar energy system and to 2006.
promote innovations for sustained, long –term
storage and use of solar power. VI. National Mission for a Green India (Ministry
of Environment Forest)
II. National Mission for Enhanced
Energy Efficiency (Ministry of power) The Ministry aims at enhancing ecosystem
services such as carbon sinks. It builds on the
The Energy Conservation Act of 2001 prime Minister’s Green India Compaign for
provides a legal mandate for the implementation of afforestation and increasing land area under forest
energy efficiency measures through the cover from 23% to 33%. It is to be implemented
mechanisms of The Bureau of Energy Efficiency through Joint Forest Management Committee
(BEE) in the designated agencies in the country. A under the respective State Departments of
number of schemes and programmes have been Forests. It also strives effectively implement the
initiated which aim to save about 10,000 MW by Protected Area System under the National
the end of the 11th Five-Year Plan in 2012. Biodiversity Conservation Act, 2001.
III. National Mission on Sustainable Habitats VII. National Missions for Sustainable
(Ministry of Urban Development) Agriculture (ministry of Agriculture)
This Mission was launched to make habitats The Missions aims to make Indian agriculture
sustainable through improvements in energy more resilient to climate change by identifying
efficiency in buildings, management of solid new varieties of crops (example: thermally
waste and a modal shift to public transport. It resistant crops) and alternative cropping patterns.
aims to promote energy efficiency as an This is to be supported by a comprehensive
integral component of urban planning and network of traditional knowledge, practical
urban renewal through its initiatives. systems, information technology and
biotechnology. It makes suggestions for
IV. National Water Mission (Ministry of safeguarding farmers from climate change like
Water Resources) introducing new credit and insurance mechanisms
and greater access to information.
By 2050, India is likely to be water scarce.
Thus, the Mission aims at conserving water, VIII. National Mission on Strategic
minimising wastage, and ensuring more Knowledge on Climate Change (Ministry of
equitable distribution and management of Science and Technology)
water resources. It also aims to optimize
water use efficiency by 20% by developing a The aim is to work with the global community in
framework of regulatory mechanisms. It calls research and technology development by
for strategies to accommodate fluctuations in collaboration through different machanisms .it also
Rainfall and river flows by enhancing water had its own research agenda supported by climate
storage methods, rain water harvesting and related institiutions and a Climate Research
more efficient irrigation systems like drip Fund. It also encourages initiatives form the
irrigation. private sector for developing innovative
technologies for mitigations and adaptation.
V. National Mission for Sustaining the
Himalayan Ecosystem (Ministry of Science A Ninth Mission – Government to Prepare a
and Technology) National Bio-energy Mission (Ministry of New
and Renewable Energy)
The Himalayan eco-system is vital to
preserving the ecological security of India. The mission, to be launched during the 12th Five-
Increases in temperatures, changes in Year Plan, will offer a policy and regulatory
precipitation patterns, drought and melting of environment to facilitate large-scale capital
glaciers are obvious threats. The Mission calls for investments in biomass-fired power stations.
empowering local communities especially
Panchayats to play a greater role in managing