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11. Using Law to Combat Water Pollution

Author:
CPR-Namati Environmental Justice Program
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Contamination of surface water sources due to the discharge of polluting substances has been a long standing problem in most parts of the country. In 1974, a legislation was specifically enacted to regulate and prohibit water pollution. The Water (Prevention and Control of Pollution) Act, 1974 established Pollution Control Boards at the Central and State levels and bestowed them with powers to prevent and control water pollution. Aside from the Water Act, there are also other laws which can be used to remediate water pollution. These include, environmental clearance conditions under the Environmental Impact Assessment Notification, 2006, public nuisance in the Indian Penal Code, 1860 and the licensing process under the Factories Act, 1948. Along with these, there are also certain state level legislations such as the Orissa River Pollution Prevention Act, 1953. How these laws can be used to find administrative remedies to combat water pollution has been put together in the form of two Information, Education and Communication materials by the Centre for Policy Research-Namati Environmental Justice Program, with support from the Duleep Mathai Nature Conservation Trust. The materials aim to give the reader an understanding of: The existing legislations; The kind of permissions which are needed; The various institutions which are available; The way in which evidence can be collected; The manner in which complaints can be framed; The various administrative remedies which are available; The materials focus on the states of Gujarat, Karnataka, Odisha and Chhattisgarh. Translations of the material are also available in Hindi, Gujarati, Kannada, and Odiya.
Topic:
Environment, Water, Legislation, and Pollution
Political Geography:
South Asia, India, and Asia

12. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even as the Joint Parliamentary Committee’s report on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) is awaited, several states have already brought about changes that severely compromise the scope of clauses related to consent, Social Impact Assessment (SIA), food security and higher compensations. These changes also restrict the applicability of the 2013 law at state level. States have executed these changes through Rules under Section 109 of the Act, or have enacted their own state level land acquisition legislations using Article 254(2) of the Constitution of India. States, which have exercised the latter option, have managed to override the provisions of the central law. In the present case this has meant doing away with the provisions of consent and Social Impact Assessment. This paper traces how, and to what extent, the provisions of the central law have been diluted by the states.
Topic:
Security, Constitution, Land Law, and Legislation
Political Geography:
South Asia, India, and Asia

13. Comments on Draft National Energy Policy

Author:
Navroz K. Dubash, Partha Mukhopadhyay, Radhika Khosla, Shibani Ghosh, Ankit Bhardwaj, and Swetha Sridhar
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Draft National Energy Policy released by the Niti Aayog in June 2017 was a roadmap describing the priorities of the government with regards to India's energy future and a critical reference document for all actors working in this field. This working paper reflects the result of internal deliberations, aimed at understanding and reflecting on the draft NEP, with the aim of constructive feedback to NITI Aayog.
Topic:
Energy Policy, Environment, Government, Finance, and Legislation
Political Geography:
South Asia, India, and Asia

14. From Prior to Post: Legalising environmental violations?

Author:
Krithika A. Dinesh and Kanchi Kohli
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Between March 15 2017 and June 15 2017, 207 projects that violated the Environment Impact Assessment (EIA) Notification applied for an environmental clearance. These applications have come as a result of a notification that the Environment Ministry had passed on March 14th 2017 which gives an opportunity to projects that have violated conditions of the EIA Notification to apply for a clearance within a period of six months, ie by September 15. This notification was passed despite much criticism of the draft notification that was issued on 10 May 2016. The CPR-Namati Environmental Justice Program has analysed these applications to see what are the kind of geographical and sectorial spread of these violations and whether there are any trends emerging out of the applications that have come in till June 15. The Environment Ministry has already started looking at the applications through a Committee that has been set up for this. This Committee is headed by Dr SR Wate and had its first meeting on 22 June 2017. The Committee in its first meeting has examined ten applications. Out of these ten applications, the committee has already recommended seven for grant for a Terms of Reference subject to conditions. This working paper would be updated with the analysis of the applications that are coming in as well as the progress of these applications.
Topic:
Environment, Government, Natural Resources, Courts, and Legislation
Political Geography:
South Asia, India, and Asia

15. Migrants in construction work: Evaluating their welfare framework

Author:
Shamindra Nath Roy and Mukta Naik
Publication Date:
06-2017
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
More than two decades after the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 came into force, the efficacy of this framework remains in question. Correctional steps have the potential to extend social benefits to construction workers, especially migrants who face particular vulnerabilities. Available data regarding implementation of the Acts by States presents a picture of overall tardiness and delay with wide variations. States need to ramp up worker registration; data suggests that lowering entry barriers for migrants improves registration and consequently, access to welfare benefits. While collection of cess funds has improved and is broadly proportionate to construction activity, their utilisation remains dismal. States need to think strategically on how to spend accumulated cess funds—especially on housing, occupational health and safety, grievance redressal and legal aid—and sustain welfare provisions over time. Accumulated unspent funds offer an opportunity for big-ticket, one-time expenditures. Examples from some States show that collaboration with civil society organisations could improve outreach, particularly to migrants.
Topic:
Migration, Labor Issues, Legislation, Labor Policies, and Welfare
Political Geography:
South Asia, India, and Asia

16. Competition and Choice in Electricity Distribution in India

Author:
Daljit Singh
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Introduction of competition and providing consumers choice of supplier have been two of the main aims of reform of the electricity sector in India. This paper examines the experience with three measures to fulfill these aims: (1) open-access to the transmission and distribution system; (2) allowing multiple distribution licensees in an area; and (3) proposed Electricity Act Amendments (EAA) for separation of carriage and content in the distribution system for electricity. Open access and multiple distribution licenses have not been very successful for two main reasons. First, there is a mismatch between the perspective of the Centre and the States; the Centre has a long-term perspective focused on competition and efficiency while the States are concerned about more immediate issues of protecting the discoms’ revenues and maintaining affordable tariffs. Second, incomplete and/or faulty legislation and regulations have resulted in ad-hoc rule-making and the Courts having to step in to fill the legislative and regulatory gaps. Two particularly significant examples are: (1) provision in the Electricity Act allowing multiple distribution licensees in the same area that has led to duplication of resources and high tariffs for consumers in Mumbai; and (2) the lack of comprehensive regulations defining the relationship between discoms and open access consumers that has led to difficulties for discoms in managing load swings and in power procurement planning; development of model regulations would be useful. The paper also identifies difficulties in achieving retail competition due to fragmented fuel markets, and suggests ensuring effective wholesale competition first. The proposed framework for separation of carriage and content in EAA is very cumbersome and may not achieve the stated goals. In addition, there are concerns about the impact on small consumers and the finances of the provider of last resort. The implications of EAA should to be thought through more thoroughly before implementation.
Topic:
Energy Policy, Natural Resources, Legislation, and Electricity
Political Geography:
South Asia, India, and Asia

17. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal

Author:
Shibani Ghosh
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
Topic:
Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
Political Geography:
South Asia, India, and Asia

18. How Effective are Environmental Regulations to Address Impacts of Industrial and Infrastructure Projects in India

Author:
Krithika A. Dinesh, Meenakshi Kapoor, Kanchi Kohli, Manju Menon, and Preeti Venkatram
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
People around the world live in areas that have been altered for industrial, infrastructure or mining projects. Their lives and occupations are being negatively impacted by problems of access, encroachment or pollution. Though governments in many countries have regulatory procedures for implementing environmental and social safeguards that are applicable to such projects so that problems can be minimised or mitigated, the qualitative difference of such regulatory systems depends on the efficacy of their compliance safeguards. Typically, in countries where compliance is low, projects meant for development have also resulted in substantial environmental and social costs. Governments and investors fear the implementation of environmental policies and claim that these are bottlenecks or speed breakers to growth. Several new studies show that stringent compliance of environmental policies will neither affect competitiveness nor slow down GDP growth. On the contrary, it may result in bottom line benefits at the level of projects as well as sustain economic growth by enhancing efficiency and innovation. India promulgated a series of environmental legislations between 1980 and 2005 to ensure that environmental and social impacts of land use change, infrastructure development and industrialisation are kept in check and timely mitigation is undertaken. The laws establish detailed procedures for assessing the environmental impacts of the proposed projects that are likely to cause land use change. The laws also involve the laying of conditions that are attached to the approvals granted to these projects. These conditions are meant to mitigate or prevent damage or impacts to the extent ascertained by the project proponents and the government or regulator. Since the time these laws were first designed, there have been numerous amendments to them to change the scope of applicability of these laws, the time taken by regulators for decision-making and the sharing of responsibility between state and central governments in implementing these laws. However, one aspect of these laws that has seen minimal change is in their monitoring and compliance regimes. What happens to the projects once they are granted approvals? Do they comply with all the conditions imposed on them for mitigating or minimising environmental and social impacts? Who oversees these processes and what is the extent to which compliance is achieved? This report is the outcome of a research project undertaken to understand the efficacy of conditional compliance, institutional monitoring and enforcement of environmental regulations to address the impacts faced by communities living around industrial and infrastructure projects. The project identified the institutions responsible for monitoring and compliance under various environmental laws, their procedures and practices by which these roles are realised. While it has been known that government agencies and regulatory bodies hold the formal duties of monitoring, the project also focused on how affected communities engage these institutions for greater compliance and remedies in case of environmental and social impacts of various kinds, such as encroachment or damage to common or private property, loss of livelihoods and loss of access to public spaces. By analysing the efforts made by affected parties to engage with environmental institutions to craft remedies for existing environmental impacts, this research aims to highlight regulatory ingredients that are necessary for sound environment regulation and better outcomes through compliance. If translated into concrete policy on environmental monitoring and compliance, these lessons could address the chasm between enforcement of environmental regulations and the ever-growing difficulties of meeting environmental challenges.
Topic:
Environment, Industrial Policy, Natural Resources, Infrastructure, and Legislation
Political Geography:
South Asia, India, and Asia

19. Elaborating in the INDC context

Author:
Neha B. Joseph
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Several countries have embarked on nationwide processes to devise their ‘contributions’ towards a new global climate agreement set to be adopted at Paris in 2015. Sixty-two countries have already communicated their contributions to the UNFCCC, in pledges covering around 62.9% of global emissions in 2012. These contributions, formally known as ‘intended nationally determined contributions’ (INDCs) are expected to be the bedrock of post 2020 climate action and the building blocks of the 2015 climate deal, that is currently being negotiated by Parties. This paper discusses the emergence of this concept and outlines some of the legal and technical aspects of a contribution and their implications on ambition, adequacy and political feasibility. Section 3 analyses pledges in the submitted INDCs, with a special focus on G20 countries. The term ‘INDC’ first emerged in 2013 at the Warsaw negotiations of the Conference of Parties (COP) in a decision inviting Parties “to initiate or intensify domestic preparationsfor their intended nationally determined contributions….. and to communicate them well in advance of the twenty-first session of the Conference of the Parties (by the first quarter of 2015 by those Parties ready to do so)” For developed countries, INDCs will replace their Kyoto Protocol commitments; for developing countries, Nationally Appropriate Mitigation Actions (NAMAs) will continue to be in force as implementation tools supporting the mitigation component of their INDCs. Over the past year, countries have been negotiating to iron out differences on issues like differentiation, legal nature, scope, form and review of contributions with varying levels of success on each front.
Topic:
Climate Change, Diplomacy, Environment, International Cooperation, Treaties and Agreements, and Legislation
Political Geography:
South Asia, India, Asia, and Global Focus