ANIKET NCERT

 1. What are fundamental rights ? Explain the

fundamental rights provisions concerning

environment in the Indian Constitution. 2+8

Fundamental Rights

Fundamental rights are basic human rights guaranteed by the Constitution of India to all citizens. These rights are essential for the development and well-being of individuals and are enforceable by the courts.

Fundamental Rights Provisions Concerning Environment in the Indian Constitution

The Indian Constitution provides several fundamental rights that have a bearing on environmental protection. These provisions are:

1. Right to Life (Article 21): This article guarantees the right to life, which includes the right to a healthy environment. The Supreme Court has interpreted this article to include the right to clean air, water, and a pollution-free environment.

2. Right to Equality (Article 14): This article ensures that all citizens are treated equally and have equal access to natural resources.

3. Right to Freedom (Article 19): This article guarantees the freedom to move, reside, and settle in any part of India, which implies the right to a healthy environment.

4. Right to Protection of Life and Personal Liberty (Article 21): This article has been interpreted to include the right to a healthy environment and the right to be protected from environmental hazards.

5. Right to Clean Environment (Article 21): The Supreme Court has recognized the right to a clean environment as a fundamental right under Article 21.

6. Right to Sustainable Development (Article 21): The Supreme Court has also recognized the right to sustainable development as a fundamental right under Article 21.

7. Right to Environmental Protection (Article 48A): This article directs the state to protect and improve the environment and to safeguard the forests and wild life of the country.

8. Right to Conservation of Natural Resources (Article 51A(g)): This article imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.

In conclusion, the Indian Constitution provides several fundamental rights that are related to environmental protection. These provisions ensure that citizens have the right to a healthy environment and that the state has a duty to protect and improve the environment.

2. Explain the recommendations of Pitambar Pant

Committee and Tiwari Committee.

The Pitambar Pant Committee and Tiwari Committee played significant roles in shaping India's environmental policies.

Pitambar Pant Committee Recommendations

The Pitambar Pant Committee was set up in 1970, with Pitambar Pant as its chairman, to prepare a country report for the UN Conference on Human Environment. Although the committee's specific recommendations are not well-documented, its report contributed to the establishment of the National Committee on Environmental Planning and Coordination (NCEPC) in 1972 ¹ ².

Tiwari Committee Recommendations

The Tiwari Committee, on the other hand, recommended the establishment of a separate Department of Environment, which was set up in November 1980. The committee also proposed the replacement of the NCEPC with the National Committee on Environmental Planning (NCEP), which was formed in April 1981 ¹. The NCEP was tasked with preparing an annual "state of the environment" report, arranging public hearings on significant environmental issues, and establishing a nationwide environmental information and communication

 system.

3. Highlight the important provisions of

Environment (Protection) Act, 1986.

The Environment (Protection) Act, 1986, is a comprehensive legislation that aims to protect and improve the quality of the environment in India. Here are the important provisions of the Act:

Important Provisions

1. Definition of Environment: The Act defines "environment" to include water, air, land, and the inter-relationships between them.

2. Protection of Environment: The Act empowers the Central Government to take measures to protect and improve the quality of the environment.

3. Prohibition of Pollution: The Act prohibits the discharge of pollutants into the environment, including water, air, and land.

4. Standards for Emissions and Discharges: The Act empowers the Central Government to prescribe standards for emissions and discharges from industrial plants, vehicles, and other sources.

5. Environmental Clearance: The Act requires industries and projects to obtain environmental clearance from the Central Government or State Governments before commencing operations.

6. Environmental Impact Assessment: The Act requires industries and projects to conduct environmental impact assessments to identify potential environmental impacts.

7. Penalties for Non-Compliance: The Act prescribes penalties for non-compliance with its provisions, including fines and imprisonment.

8. Establishment of Authorities: The Act empowers the Central Government to establish authorities to implement its provisions, including the Central Pollution Control Board and State Pollution Control Boards.

9. Public Participation: The Act provides for public participation in environmental decision-making, including public hearings and consultations.

10. Access to Information: The Act provides for access to environmental information, including information on pollution levels and environmental impacts.

Key Features

- The Act is a comprehensive legislation that covers various aspects of environmental protection.

- It provides for a framework for environmental regulation and management.

- It empowers the Central Government and State Governments to take measures to protect and improve the environment.

- It provides for public participation and access to environmental information.

4. What are the functions of Central Pollution control Board and State Pollution Control board ?

The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) are key institutions in India's environmental regulatory framework. Here are their functions:

Central Pollution Control Board (CPCB)

1. Advise the Central Government: On matters related to pollution control and environmental protection.

2. Coordinate with SPCBs: To ensure uniform implementation of environmental laws and policies.

3. Monitor and Assess Pollution: Conduct surveys, investigations, and research to monitor and assess pollution levels.

4. Develop Standards and Guidelines: Develop and publish standards, guidelines, and codes of practice for pollution control.

5. Provide Training and Capacity Building: Provide training and capacity-building programs for SPCBs, industries, and other stakeholders.

6. Enforce Environmental Laws: Take action against violators of environmental laws and regulations.

State Pollution Control Boards (SPCBs)

1. Implement Environmental Laws: Implement and enforce environmental laws, rules, and regulations within their respective states.

2. Monitor and Assess Pollution: Conduct surveys, investigations, and research to monitor and assess pollution levels within their states.

3. Grant Consent: Grant consent to industries and other establishments to operate, subject to compliance with environmental regulations.

4. Inspect and Monitor Industries: Inspect and monitor industries to ensure compliance with environmental regulations.

5. Take Enforcement Action: Take enforcement action against violators of environmental laws and regulations.

6. Provide Public Awareness and Education: Provide public awareness and education programs to promote environmental awareness and compliance.

In summary, the CPCB provides national-level guidance, coordination, and oversight, while SPCBs implement and enforce environmental laws and regulations within their respective states.

5. Explain the features of Air (Prevention and

Control of Pollution) Act, 1974.

The Air (Prevention and Control of Pollution) Act, 1974, is a comprehensive legislation aimed at controlling and preventing air pollution in India. Here are its key features:

Main Objectives

1. To control and prevent air pollution.

2. To maintain the quality of air.

Key Provisions

1. Definition of Air Pollutant: The Act defines "air pollutant" to include any solid, liquid, or gaseous substance that can contaminate the air.

2. Establishment of Boards: The Act establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to implement its provisions.

3. Standards for Emissions: The Act empowers the CPCB to prescribe standards for emissions from industrial plants, vehicles, and other sources.

4. Regulation of Industrial Plants: The Act requires industrial plants to obtain consent from SPCBs before operating.

5. Inspection and Monitoring: The Act empowers SPCBs to inspect and monitor industrial plants to ensure compliance with emissions standards.

6. Penalties for Non-Compliance: The Act prescribes penalties for non-compliance with its provisions, including fines and imprisonment.

Amendments

1. 1987 Amendment: The Act was amended in 1987 to include provisions for the regulation of vehicular emissions.

2. 1991 Amendment: The Act was amended in 1991 to provide for stricter penalties for non-compliance.

Impact

1. Reduction in Air Pollution: The Act has contributed to a reduction in air pollution levels in India.

2. Improved Air Quality: The Act has helped to improve air quality in urban and industrial areas.

3. Increased Compliance: The Act has led to increased compliance with emissions standards among industrial plants and vehicles.

6. What is Environmental Impact Assessment ? 

Explain the concept and methodology of 

carrying out Environmental Impact 

Assessment.

Environmental Impact Assessment (EIA) is a process used to identify and evaluate the potential environmental impacts of a proposed project, policy, or activity. The goal of EIA is to provide decision-makers with information to make informed decisions that minimize harm to the environment.

Concept of Environmental Impact Assessment:

EIA is a systematic process that considers the potential environmental impacts of a proposed project or activity. It involves:

1. Identifying potential environmental impacts

2. Evaluating the significance of these impacts

3. Identifying mitigation measures to minimize or avoid adverse impacts

4. Monitoring and reviewing the implementation of mitigation measures

Methodology of Carrying out Environmental Impact Assessment:

The EIA process typically involves the following steps:

1. Screening: Determine if an EIA is required for the proposed project or activity.

2. Scoping: Identify the potential environmental impacts and determine the scope of the EIA study.

3. Impact Prediction: Use various techniques, such as modeling and expert judgment, to predict the potential environmental impacts.

4. Impact Assessment: Evaluate the significance of the predicted impacts and identify mitigation measures.

5. Mitigation Measures: Identify measures to minimize or avoid adverse environmental impacts.

6. Environmental Impact Statement (EIS): Prepare a comprehensive report that summarizes the findings of the EIA study.

7. Review and Approval: Review the EIS and obtain approval from the relevant authorities.

8. Monitoring and Review: Monitor the implementation of mitigation measures and review the effectiveness of the EIA process.

Tools and Techniques used in EIA:

1. Checklists: Used to identify potential environmental impacts.

2. Matrices: Used to evaluate the significance of potential environmental impacts.

3. Modeling: Used to predict the potential environmental impacts of a proposed project or activity.

4. GIS and Remote Sensing: Used to analyze and visualize environmental data.

5. Public Participation: Used to involve stakeholders in the EIA process and gather feedback on the proposed project or activity.

Overall, EIA is an important tool for ensuring that proposed projects or activities are environmentally sustainable and socially responsible.

7. Write short notes on the following : 5+5

(a) National Air Quality Monitoring

Programme

(b) Hazardous Wastes

(a) National Air Quality Monitoring Programme (NAMP)

1. Launched: 1984, by the Central Pollution Control Board (CPCB)

2. Objective: To monitor and assess the air quality in urban and industrial areas

3. Key Features:

    - Monitoring of air pollutants like particulate matter, sulfur dioxide, nitrogen oxides, and ozone

    - Establishment of a network of air quality monitoring stations across the country

    - Dissemination of air quality data to the public and policymakers

4. Benefits: Helps in identifying areas with poor air quality, informs policy decisions, and raises public awareness about air pollution

(b) Hazardous Wastes

1. Definition: Wastes that pose a threat to human health and the environment due to their toxic, corrosive, flammable, or reactive properties

2. Sources: Industrial processes, hospitals, laboratories, and household hazardous waste

3. Types: Chemical waste, toxic waste, radioactive waste, and biomedical waste

4. Environmental and Health Impacts: Contamination of soil, water, and air, and adverse effects on human health, including cancer, birth defects, and neurological damage

5. Management Strategies: Reduction, reuse, recycling, treatment, and disposal in accordance with environmental regulations and guidelines.

8. Explain the features of Biomedical Wastes

(Management and Handling) Rules, 1998.

The Biomedical Waste (Management and Handling) Rules, 1998, were notified by the Ministry of Environment and Forests, Government of India, to regulate the management and handling of biomedical waste in India. Here are the key features of these rules:

Objective

The primary objective of these rules is to ensure the proper management and handling of biomedical waste to prevent environmental pollution and protect public health.

Scope

These rules apply to all persons and institutions generating, collecting, storing, transporting, treating, and disposing of biomedical waste.

Classification of Biomedical Waste

The rules classify biomedical waste into the following categories:

1. Human anatomical waste

2. Animal waste

3. Microbiology and biotechnology waste

4. Waste from laboratories

5. Waste from hospitals and healthcare facilities

6. Chemical waste

7. Pharmaceutical waste

Management and Handling Requirements

1. Segregation: Biomedical waste must be segregated at the point of generation.

2. Storage: Biomedical waste must be stored in designated areas.

3. Transportation: Biomedical waste must be transported in covered vehicles.

4. Treatment: Biomedical waste must be treated using approved methods (e.g., incineration, autoclaving).

5. Disposal: Biomedical waste must be disposed of in accordance with the rules.

Record Keeping and Reporting

1. Generators of biomedical waste must maintain records of waste generation, storage, transportation, treatment, and disposal.

2. Generators must submit annual reports to the State Pollution Control Board.

Authorization and Registration

1. Generators of biomedical waste must obtain authorization from the State Pollution Control Board.

2. Generators must register with the State Pollution Control Board.

Penalties

Non-compliance with these rules can result in penalties, including fines and imprisonment.

Overall, the Biomedical Waste (Management and Handling) Rules, 1998, aim to ensure the safe and environmentally sound management of biomedical waste in India .

9. Explain the salient features of National Health

Policy, 2002.

The National Health Policy (NHP), 2002, was formulated by the Government of India to provide a framework for improving the health status of the population. Here are the salient features of the NHP, 2002:

Goals and Objectives

1. Improving Health Status: To improve the overall health status of the population, particularly the vulnerable and disadvantaged groups.

2. Reducing Health Inequities: To reduce health inequities and disparities in access to healthcare services.

3. Increasing Access to Healthcare: To increase access to healthcare services, particularly for the rural and underserved populations.

Key Strategies

1. Primary Healthcare: To strengthen primary healthcare services, including preventive, promotive, curative, and rehabilitative services.

2. Decentralization: To decentralize healthcare services to the district and sub-district levels.

3. Public-Private Partnership: To promote public-private partnerships to improve healthcare services.

4. Community Participation: To encourage community participation and involvement in healthcare services.

Healthcare Infrastructure

1. Healthcare Facilities: To increase the availability and accessibility of healthcare facilities, including hospitals, health centers, and sub-centers.

2. Human Resources: To strengthen human resources for healthcare, including training and capacity building of healthcare personnel.

Health Financing

1. Health Insurance: To promote health insurance schemes to improve access to healthcare services.

2. User Fees: To introduce user fees for healthcare services to generate revenue and improve the quality of services.

Monitoring and Evaluation

1. Health Indicators: To establish health indicators to monitor and evaluate the performance of healthcare services.

2. Health Information System: To strengthen the health information system to provide accurate and reliable data for decision-making. Overall, the National Health Policy, 2002, aimed provide a comprehensive framework for improving the health status of the population, particularly the vulnerable and disadvantaged groups.

9. Explain the salient features of National Health

Policy, 2002.

Here are the salient features of the National Health Policy (NHP), 2002:

Goals and Objectives

1. Improving Health Status: Improve the overall health status of the population.

2. Reducing Health Inequities: Reduce health inequities and disparities in access to healthcare services.

3. Increasing Access to Healthcare: Increase access to healthcare services, particularly for rural and underserved populations.

Key Strategies

1. Primary Healthcare: Strengthen primary healthcare services.

2. Decentralization: Decentralize healthcare services to district and sub-district levels.

3. Public-Private Partnership: Promote public-private partnerships to improve healthcare services.

4. Community Participation: Encourage community participation and involvement in healthcare services.

Healthcare Infrastructure

1. Healthcare Facilities: Increase availability and accessibility of healthcare facilities.

2. Human Resources: Strengthen human resources for healthcare through training and capacity building.

Health Financing

1. Health Insurance: Promote health insurance schemes to improve access to healthcare services.

2. User Fees: Introduce user fees for healthcare services to generate revenue and improve quality.

Monitoring and Evaluation

1. Health Indicators: Establish health indicators to monitor and evaluate healthcare performance.

2. Health Information System: Strengthen health information systems to provide accurate and reliable data.

Other Key Features

1. Integration of Traditional Medicine: Integrate traditional medicine into the national healthcare system.

2. Focus on Vulnerable Groups: Focus on vulnerable groups, including women, children, and the poor.

3. Emphasis on Preventive Healthcare: Emphasize preventive healthcare and health promotion.

10. Explain the provisions of Forest Conservation

Act, 1980. 10

The Forest Conservation Act, 1980, is a landmark legislation in India aimed at conserving forests and regulating deforestation. Here are the key provisions of the Act:

Key Provisions

1. Prohibition on Forest Clearance: The Act prohibits the clearance of forests for any non-forestry purpose without the prior approval of the Central Government.

2. Definition of Forest: The Act defines "forest" to include any area which is a forest as per the records of the Government, regardless of whether it is a reserved forest, protected forest, or unclassified forest.

3. Prior Approval for Forest Clearance: The Act requires prior approval from the Central Government for the clearance of forests for any non-forestry purpose, including the diversion of forest land for agriculture, grazing, or any other purpose.

4. Restrictions on Forest Use: The Act restricts the use of forests for non-forestry purposes, including the establishment of industries, mines, or other projects.

5. Penalties for Non-Compliance: The Act prescribes penalties for non-compliance, including fines and imprisonment.

Amendments

1. 1988 Amendment: The Act was amended in 1988 to include provisions for the conservation of forests and the regulation of forest produce.

2. 2006 Amendment: The Act was amended in 2006 to provide for the establishment of the National Forest Commission and to strengthen the provisions for forest conservation.

Impact

1. Conservation of Forests: The Act has contributed significantly to the conservation of forests in India.

2. Regulation of Deforestation: The Act has regulated deforestation and the diversion of forest land for non-forestry purposes.

3. Protection of Forest Rights: The Act has protected the rights of forest-dwelling communities and ensured their involvement in forest conservation efforts.

11. Describe the provisions of Biological Diversity

Act, 2002.

The Biological Diversity Act, 2002, is a comprehensive legislation in India aimed at conserving and sustainably using biological diversity. Here are the key provisions of the Act:

Objectives

1. Conservation of biological diversity

2. Sustainable use of biological resources

3. Fair and equitable sharing of benefits arising from the use of biological resources

Key Provisions

1. National Biodiversity Authority (NBA): The Act establishes the NBA as a statutory body to regulate access to biological resources and associated traditional knowledge.

2. State Biodiversity Boards (SBBs): The Act requires each state to establish an SBB to advise the state government on conservation and sustainable use of biological diversity.

3. Biodiversity Management Committees (BMCs): The Act requires the establishment of BMCs at the local level to promote conservation and sustainable use of biological diversity.

4. Access to Biological Resources: The Act regulates access to biological resources, including plants, animals, and microorganisms, and associated traditional knowledge.

5. Benefit-Sharing: The Act provides for fair and equitable sharing of benefits arising from the use of biological resources, including royalties, fees, and other benefits.

6. Intellectual Property Rights: The Act recognizes intellectual property rights over biological resources and associated traditional knowledge.

7. Conservation of Biological Diversity: The Act provides for conservation of biological diversity, including protection of endangered species, habitats, and ecosystems.

8. Sustainable Use of Biological Resources: The Act promotes sustainable use of biological resources, including agriculture, forestry, and fisheries.

Penalties and Offenses

1. Penalties for Unauthorized Access: The Act prescribes penalties for unauthorized access to biological resources or associated traditional knowledge.

2. Penalties for Non-Compliance: The Act prescribes penalties for non-compliance with the provisions of the Act.

Implementation and Monitoring

1. National Biodiversity Authority: The NBA is responsible for implementing and monitoring the provisions of the Act.

2. State Biodiversity Boards: SBBs are responsible for implementing and monitoring the provisions of the Act at the state level.

3. Biodiversity Management Committees: BMCs are responsible for promoting conservation and sustainable use of biological diversity at the local level.

12. Discuss the outcome of Stockholm Conference,

1972.

The Stockholm Conference, held in 1972, was a groundbreaking event that marked a significant turning point in the global environmental movement. The conference, officially known as the United Nations Conference on the Human Environment, was the first major UN meeting to focus on environmental issues.

Key Outcomes:

- Creation of the United Nations Environment Programme (UNEP): One of the most significant outcomes of the conference was the establishment of UNEP, which was tasked with coordinating global environmental efforts and promoting sustainable development ¹ ².

- Stockholm Declaration: The conference adopted the Stockholm Declaration, which contained 26 principles for sound environmental management and marked a major shift in international environmental policy ¹ ³.

- Action Plan for the Human Environment: The conference also adopted an action plan containing 109 recommendations for addressing environmental issues, including pollution, conservation, and sustainable development ¹ ³.

Impact and Legacy:

The Stockholm Conference played a crucial role in raising global awareness about environmental issues and promoting international cooperation on environmental protection. The conference's outcomes have had a lasting impact on global environmental policy and continue to influence sustainable development efforts today ¹ ⁴.

13. Throw light on the provisions of Paris

Agreement on Climate Change. 10

14. Write short notes on the following : 5+5

(a) Bishnoi Movement

(b) Montreal Protocol

Provisions of Paris Agreement on Climate Change

1. Global Temperature Limit: Limit global warming to well below 2°C and pursue efforts to limit it to 1.5°C above pre-industrial levels.

2. Nationally Determined Contributions (NDCs): Countries to submit NDCs outlining their greenhouse gas emission reduction targets and strategies.

3. Financing: Developed countries to provide $100 billion per year in climate finance to developing countries by 2020.

4. Adaptation: Countries to strengthen their ability to adapt to the impacts of climate change.

5. Loss and Damage: Establish a mechanism to address loss and damage associated with the impacts of climate change.

6. Technology Transfer: Promote the transfer of climate-friendly technologies to developing countries.

7. Capacity Building: Support developing countries in building their capacity to address climate change.

8. Transparency and Accountability: Establish a robust transparency and accountability system to track progress towards NDCs.

Short Notes

(a) Bishnoi Movement

1. Founded by: Guru Jambheshwar Bhagavan in 1485.

2. Objective: Protect trees and wildlife, especially the blackbuck.

3. Principles: 29 principles, including protection of trees and wildlife, and conservation of natural resources.

4. Impact: Successful in protecting forests and wildlife in Rajasthan, India.

(b) Montreal Protocol

1. Signed in: 1987.

2. Objective: Phase out substances that deplete the ozone layer, such as chlorofluorocarbons (CFCs).

3. Key Provisions: Phase-out schedule, trade restrictions, and financial assistance to developing countries.

4. Impact: Successful in reducing ozone-depleting substances and protecting the ozone layer.