Strengthening Environmental Governance in India

The recent Dima Hasao coal mining tragedy in Assam highlights the persistent issue of illegal and hazardous rat-hole mining, despite its ban by the National Green Tribunal (NGT) in 2014. This underscores the urgent need for stringent enforcement of environmental governance and regulations to prevent such disasters.

India’s rapid industrialization and urbanization have led to deforestation, pollution, and biodiversity loss. Despite robust environmental laws, weak enforcement fuels ecological degradation. Balancing economic growth with sustainability requires urgent reforms for resource protection.

Stronger governance is crucial to tackle industrial pollution, habitat destruction, and poor waste management. As a fast-growing economy, India must integrate development with ecological preservation for long-term stability.

Constitutional Provisions

• Article 48A: Directs the state to protect and improve the environment.
• Article 51A(g): Imposes a fundamental duty on citizens to safeguard nature.
• Article 21: Recognized in the MC Mehta Case, affirming that the right to life includes a clean and healthy environment.

Pollution Control Laws

• Water (Prevention and Control of Pollution) Act, 1974: Regulates effluent discharge and establishes Pollution Control Boards (PCBs).
• Air (Prevention and Control of Pollution) Act, 1981: Aims to mitigate industrial and vehicular air pollution.
• Environment (Protection) Act, 1986: A comprehensive law empowering the government to implement environmental protection measures.
• E-Waste (Management) Rules, 2016: Introduces Extended Producer Responsibility (EPR) for e-waste management.
• Plastic Waste Management Rules, 2016: Bans single-use plastics and mandates sustainable disposal.

Forest and Wildlife Protection Laws

• Indian Forest Act, 1927: Regulates forest conservation and classification.
• Forest (Conservation) Act, 1980: Restricts forest land diversion without central approval.
• Wildlife (Protection) Act, 1972: Establishes National Parks, Wildlife Sanctuaries, and Biosphere Reserves.
• Compensatory Afforestation Fund Act, 2016: Mandates compensation for deforestation through afforestation.
• Biological Diversity Act, 2002: Regulates access to genetic resources and promotes biodiversity conservation.

Regulatory Mechanisms

• Environmental Impact Assessment (EIA) Notifications: Requires clearance for projects with significant environmental impact.
• National Green Tribunal (NGT) Act, 2010: Establishes a specialized tribunal for resolving environmental disputes efficiently.

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Weak Enforcement Mechanisms

• Over 6% of industries violate environmental norms.
• Pollution Control Boards (PCBs) suffer from underfunding and understaffing.
• Regulatory inefficiency leads to delayed action against violators.

Conflict Between Development and Conservation

• EIA norms have been diluted to facilitate industrial projects.
• Forest (Conservation) Amendment Act, 2023 allows easier diversion of forest land.
• India ranked lowest among 180 countries in environmental performance (as per a US-based report).

Inadequate Public Participation

• Public consultations under EIA are often ignored.
• Tribal communities face displacement without proper compensation.
• 110 amendments to the 2006 EIA notification bypassed public consultation.

Limited Use of Technology

• IoT, AI, and remote sensing are underutilized in monitoring pollution levels.
• Only 476 of 4,041 cities have air quality monitoring stations.
• India’s AQI in 2023 exceeded WHO limits by 10 times.

Judicial Overreach and Delayed Litigation

• Over 88,400 environmental cases are pending in Indian courts, some for over a decade.
• Judicial delays affect both conservation efforts and industrial projects.

Neglect of Climate Adaptation

• 5.6% of GDP was spent on climate adaptation in 2021-22, highlighting inadequate investment.
• The 2023 Himachal Pradesh floods exposed gaps in climate-resilient infrastructure.

Unregulated Urbanization and Waste Management

• Natural Conservation Zones (NCZs) in Haryana declined by 47%, increasing real estate encroachment on the Aravallis.
• E-waste surged by 73% in five years, but recycling remains inadequate.

Rampant Illegal Mining

• Illegal mining causes deforestation, soil erosion, and groundwater depletion.
• Only 6% of illegal mining cases resulted in FIRs in 2022.

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Enhancing Enforcement and Monitoring

• Empower regulatory bodies with funding, manpower, and technology.
• Deploy AI-based sensors, drones, and GIS mapping for real-time monitoring.
• Conduct independent audits of enforcement agencies.

Promoting Carbon Credit Markets

• Strengthen the Perform, Achieve, Trade (PAT) scheme for emissions trading.
• Introduce mandatory carbon offsets for high-emission industries.

Sustainable Infrastructure Development

• Enforce eco-friendly construction techniques like green roofing.
• Prioritize disaster-resilient infrastructure in vulnerable regions.

Revamping the EIA Framework

• Make the process transparent and participatory.
• Conduct cumulative impact assessments for ecologically sensitive zones.
• Integrate PARIVESH digital platforms for efficient project clearances.

Strengthening Clean Energy Transitions

• Expand subsidies for renewable energy adoption.
• Decentralized solar rooftops, biomass energy, and EV incentives to reduce fossil fuel reliance.

Integrating Circular Economy Principles

• Enforce Extended Producer Responsibility (EPR) for plastics, e-waste, and packaging.
• Incentivize recycling, upcycling, and waste reduction practices.

Expanding Urban Green Spaces

• Enforce municipal regulations to maintain minimum green cover in cities.
• Link AMRUT 2.0 with afforestation programs for urban ecosystem restoration.

Strengthening Judicial and Dispute Resolution Mechanisms

• Expand NGT’s capacity for faster resolution of disputes.
• Introduce mediation and arbitration for industrial conflicts.

India’s environmental challenges arise from weak enforcement, conflicts between development and sustainability, and limited public participation. Strengthening governance through technology, transparency, and community engagement is crucial. A balanced approach integrating sustainability, climate adaptation, and ecosystem restoration can align economic growth with conservation. Spreading awareness through speeches fosters collective action, while integrating water conservation in policies ensures better resource management for a sustainable future.

What is EIA?

• Environmental Impact Assessment (EIA) is a process that assesses the potential environmental effects of a project before granting approval. It operates under the EIA Notification, 2006, framed under the Environment (Protection) Act, 1986, and involves steps like screening, scoping, public consultation, and evaluation.

What is the National Green Tribunal (NGT)?

• The National Green Tribunal (NGT), formed under the National Green Tribunal Act, 2010, is a dedicated judicial body for handling environmental disputes. It possesses civil court powers and operates based on natural justice principles to ensure swift resolution of environmental cases.

Which ministry launched the PARIVESH Portal?

• The Ministry of Environment, Forest and Climate Change (MoEFCC) introduced the PARIVESH Portal, a digital platform that streamlines the process of granting environmental clearances.

What is Carbon Credit and how does it work?

• A carbon credit represents the authorization to emit one metric ton of CO₂, functioning as a key component of carbon trading mechanisms like the Clean Development Mechanism (CDM) and cap-and-trade systems, which encourage industries to reduce emissions.

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