CHAPTER - 2
- 3.1 Legal Framework
- 3.2 Regulatory Gaps
- 3.3. Institutional arrangements
-- 3.3.1 Institutions Responsible for Environmental Protection
-- 3.3.2 Enforcement of Pollution Control Regulations
-- 3.3.3 Other Institutions
--- 220.127.116.11. National Productivity Council ( NPC )
--- 18.104.22.168 National Cleaner Production Centre ( NCPC )
--- 22.214.171.124 Confederation of Indian Industry ( CII )
--- 126.96.36.199 National Environmental Engineering Research Institute ( NEERI )
--- 188.8.131.52 Indian Institute of Technology ( IIT )
--- 184.108.40.206 Non Government Organisations ( NGO's )
3. Environmental Management
3.1 Legal Framework-
India has a well established framework of environmental legislation. Some issues have been highlighted here.
3.2 Regulatory Gaps
While India has a strong statutory environmental framework in place there are a number of identifiable gaps. Statutory violations of environmental laws are prosecuted under India's criminal code. Crowded criminal dockets and the greater procedural protections reduce the effectiveness of enforcement under the criminal law. The legal and regulatory system is inadequate to address the problems associated with past contamination of soil and ground water in the "clean-up technology" field
Institutional impetus for the addition of "clean process technologies" and 'Waste Minimisation techniques" has just begun.
Action in the field of management. storage and disposal of solid and hazardous waste has started. Exercises on inventorisation of hazardous waste are being carried out. At the State / province level sites are being identified and evaluated for treatment / disposal of hazardous waste.
India has yet to address the issue of hazardous air emissions, particularly in so far as the generation of dioxins and other synergistic contaminants is concerned.
India presently has no civil penalty for natural resource damage to serve as an economic disincentive to continuing pollution. Fines may, be imposed under the Indian criminal code. However, usually the fines are not set sufficiently high or with adequate promptness to have the desired deterrent effect.
3.3. Institutional arrangements
3.3.1 Institutions Responsible for Environmental Protection
0ver the last 20 years an elaborate institutional system has been developed in the country to effect environmental preservation and pollution control. At the helm of the affairs is the Central Ministry of Environment & Forests headed by a Minister. It is the nodal agency in the administrative structure of the Central Government for the planning & promotion and coordination of environmental and forestry programmes. Within the overall framework of its mandate. the main activities of the ministry are conservation and survey of flora and fauna, forests and wildlife, prevention and control of pollution, afforestation and regeneration of degraded areas and protection of the environment.
3.3.2 Enforcement of Pollution Control Regulations
The enforcement of Pollution Control Regulations is the responsibility of Central and State Pollution Control Boards. Each Board is governed by a Council of Members and operates through its Main and Regional Offices The Boards arc independent autonomous organisations working under a broad policy directive from the Ministry of Environment.
3.3.3 Other Institutions
There is a wide network of consultancy organisations ( Government / Semi- Government / Semi-Government Autonomous / Private / Research Institutions / Academic Institutions and NGO's ) working in the area of environmental management in the country. It is not possible to describe all organisations and therefore, discussion is restricted to only a few key organisations.
220.127.116.11. National Productivity Council ( NPC )
NPC is an autonomous, multi-disciplinary, non-profit making organisation providing expert consultancny services, training and information dissemination in the technological and management services including industrial pollution prevention and control. and environmental protection. Alongwith its Headquarters at Delhi, NPC operates through 14 regional offices in India. NPC has its in-house training institute to organise long term ( 2 year practical oriented ) and short term courses to train NPC consultants, personnel from industries and Government organisations.
The industrial pollution prevention and control services are provided by "Environment Division" (ED). The Client base constitutes a large number of Indian industries and governmental and international bodies / agencies. Since early 90's the Environment Division has been focusing extensively in the area of cleaner production (CP) with National and International assistance. The major achievements are:
· Execution of project DESIRE (Demonstration in Small Industries for Reducing Waste)
· Demonstration of cleaner production in number of industrial sectors
· Establishment and running of Waste Minimisation Circles (WMC)
· Development of WM methodology appropriate for Indian conditions
· Publication of WM / CP manual
· Preparation of WM / CP promotional video
The success of the initiatives taken by the Environment Division has led to the establishment of "National Cleaner Production Centre (NCPC), under the aegis of UNIDO.
18.104.22.168 National Cleaner Production Centre ( NCPC )
NCPC has been established by NPC with assistance from United Nations Industrial Development Organisations (UNIDO) The specific task of NCPC is to promote and propagate the concept of CP and relevant aspects by undertaking demonstration projects organising awareness seminars / workshops, preparing technical literature / manuals etc., with the back up of NPC and other professional organisations. The focus of NCPC is addressing environmental problems of SME's. NCPC also assists other developing countries in introduction of CP by imparting training for institutional development.
22.214.171.124 Confederation of Indian Industry ( CII )
CII is a strong association of all types of Indian industries. The member industries of CII are well aware about environmental concerns which has resulted in the establishment of Environment Management Division in CII. The EMD provides training and consultancy services to industries.
126.96.36.199 National Environmental Engineering Research Institute ( NEERI )
NEERI is India's premier Environmental Research organisation. NEERI besides undertaking research provides consultancy services but mainly to large scale industries, public sector and gvernment organisations.
188.8.131.52 Indian Institute of Technology ( IIT )
There are 6 IIT's in India imparting technical education and undertaking research in a large number of fields. The IIT's enjoy high reputation in National and International academic circles. IIT's also provide consultancy services to large scale industries, public sector and government organisations.
184.108.40.206 Non Government Organisations ( NGO's )
There are a large number of NGO's working in environment issues spread over throughout the country and some of them are quite active e.g. "Centre for Science and Environment (CSE), Delhi, "Development Alternatives, Delhi, Society for Clean Environment, Munbai etc.
Besides NGO's there a large number of private Environmental and Energy Management Consultancy organisations actively engaged in providing suitable services to the Industry.