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1. Closing the Enforcement Gap: Groundtruthing of Environmental Violations in Bodai-Daldali, Chhattisgarh

Author:
CPR-Namati Environmental Justice Program
Publication Date:
02-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Janabhivyakti, the Centre for Policy Research-Namati Environmental Justice Program and Oxfam India have jointly conducted a groundtruthing study of environmental violations in the Bodai-Daldali bauxite mine located in the Kabirdham district of Chhattisgarh. A groundtruthing study is the process of comparing the facts as mentioned in official documents with the impacts being reported by affected communities. The methodology included undertaking group discussions with the affected communities. During the group discussions, impacts which the communities were facing were discussed first. This was followed by brief discussions on the various laws and institutions which are available for dealing with impacts arising out of environmental violations. The violations were confirmed by government reports and independent research studies. These reports and studies date back to the year 2007, and some of the impacts have been in existence since the beginning of the mining operations, and have been recorded in the aforementioned reports.
Topic:
Environment, Law Enforcement, Social Policy, and Justice
Political Geography:
South Asia, India, and Asia

2. Closing the Enforcement Gap: Community-led Groundtruthing of Environmental Violations in Mormugao, Goa

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The Mormugao Port is located at Vasco bay in the Mormugao taluka of Goa at the point where the Zuari river meets the Arabian Sea. This region is home to thousands of fisherfolk from the Karvi community who live along the beaches of Mormugao, Salcete and Tiswadi talukas. It is a natural harbour that provides safe haven for ships and fishing vessels during storms, like it did in 2017 when cyclone Okchi hit this coast. The lives and livelihood of these fisherfolk are intrinsically linked to the activities of Mormugao port as they have had to share their customary livelihood areas – the sea and the beaches – with the port. This has resulted in them competing for space for their daily activities like fish landing, boat parking, net mending, and even housing with the port and its infrastructure development on the landward side, and competing with larger shipping vessels for navigation space and access to certain parts of Vasco bay. It was in this backdrop, that a community led groundtruthing study was initiated in April 2018 by Old Cross Fishing Canoe Owners Co-op Society Ltd, Baina Ramponkar, Fishing Canoe Owners Society, Destierro Fisherman Association – Vasco, Goenchea Raponkarancho Ekvott (GRE) and the Centre for Policy Research (CPR)-Namati Environmental Justice Program with support from concerned citizens of Vasco and the Federation of Rainbow Warriors.This groundtruthing study is also an attempt by the affected community members to understand the environmental impacts of these berths, link them to the regulatory requirements and then push for compliance of the same.
Topic:
Environment, Law Enforcement, Law, and Regulation
Political Geography:
South Asia, India, and Asia

3. 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

4. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia