- Context: The article discusses the ongoing challenges of environmental governance in India, highlighted by the recent coal mining tragedy in Dima Hasao, Assam.
- Key Issues: Emphasizes the gap between environmental regulations and their enforcement.
Key Environmental Regulations in India
- Constitutional Provisions:
- Article 48A: State’s duty to protect the environment.
- Article 51A(g): Citizens’ fundamental duty to protect the environment.
- Article 21: Right to a clean and healthy environment.
- Pollution Control Laws:
- Water (Prevention and Control of Pollution) Act, 1974: Regulates water pollution.
- Air (Prevention and Control of Pollution) Act, 1981: Curb air pollution.
- Environment (Protection) Act, 1986: Umbrella act for environmental protection.
- Forest and Wildlife Protection:
- Indian Forest Act, 1927: Conservation of forest resources.
- Forest (Conservation) Act, 1980: Restricts forest land diversion.
- Wildlife (Protection) Act, 1972: Conservation of wildlife and biodiversity.
- National Green Tribunal (NGT) Act, 2010: Specialized body for environmental disputes.
Challenges in Enforcement
- Weak Enforcement Mechanisms:
- Over 6% of operational industries do not meet environmental standards.
- Regulatory bodies are underfunded and understaffed.
- Conflicts Between Development and Conservation:
- Economic growth often undermines environmental regulations.
- Recent amendments prioritize development over ecological preservation.
- Inadequate Public Participation:
- Local communities are often excluded from decision-making processes.
- Public consultations are frequently superficial.
- Underutilization of Technology:
- Limited use of advanced monitoring technologies leads to delayed detection of violations.
- Judicial Overreach:
- Excessive reliance on courts causes delays in action and uncertainty in project execution.
- Lack of Focus on Climate Adaptation:
- Emphasis on mitigation over adaptation worsens the impact of climate-related disasters.
- Unsustainable Urbanization:
- Rapid urbanization has led to environmental degradation, particularly in cities.
- Illegal Mining:
- Persistent illegal mining activities cause severe ecological damage.
Suggested Measures for Improvement
- Strengthening Enforcement Mechanisms:
- Empower regulatory bodies with funding and technology for real-time monitoring.
- Promoting Carbon Credit Markets:
- Develop domestic carbon credit trading to incentivize low-carbon technologies.
- Climate-Resilient Infrastructure:
- Invest in eco-friendly alternatives and disaster-resilient infrastructure.
- Revamping EIA Process:
- Make the Environmental Impact Assessment more transparent and participatory.
- Incentivizing Clean Energy:
- Expand subsidies for renewable energy and reduce reliance on fossil fuels.
- Integrating Circular Economy Principles:
- Encourage recycling, reusing, and upcycling in industries.
- Expanding Urban Green Spaces:
- Promote urban forestry and maintain a percentage of green cover in cities.
- Community-Led Conservation:
- Empower local communities in environmental governance.
- Restoring Degraded Ecosystems:
- Prioritize restoration projects for forests, rivers, and wetlands.
- Strengthening Judicial Mechanisms:
- Enhance the capacity of the NGT and introduce alternative dispute resolution mechanisms.
Way Forward
- India faces significant challenges in enforcing environmental regulations, but adopting technology, improving public participation, and balancing economic growth with sustainability are critical for effective governance.