Industrial Environmental Management. Tapas K. Das

or refinancing investments with ODS technologies.

      The Gazette of India on 19 July 2000 notified rules for regulation of ODS phase‐out called the Ozone Depleting Substances (Regulation and Control) Rules, 2000. They were notified under the Environment (Protection) Act, 1986. These rules were drafted by the MOEF following consultations with industries and related government departments.

      2.13.5.3 Basel Convention on Transboundary Movement of Hazardous Wastes, 1989

      Basel Convention, which entered into force in 1992, has three key objectives:

      1 To reduce transboundary movements of hazardous wastes

      2 To minimize the creation of such wastes

      3 To prohibit their shipment to countries lacking the capacity to dispose hazardous wastes in an environmentally sound manner

      India ratified the Basel Convention in 1992, shortly after it came into force. The Indian Hazardous Wastes Management Rules Act, 1989 encompasses some of the Basel provisions related to the notification of import and export of hazardous waste, illegal traffic, and liability.

      2.13.5.4 UN Framework Convention on Climate Change (UNFCCC), 1992

      The primary goals of the UNFCCC were to stabilize greenhouse gas (GHG) emissions at levels that would prevent dangerous anthropogenic interference with the global climate. The convention embraced the principle of common but differentiated responsibilities which has guided the adoption of a regulatory structure.

      India signed the agreement in June 1992, which was ratified in November 1993. As per the convention, the reduction/limitation requirements apply only to developed countries. The only reporting obligation for developing countries relates to the construction of a GHG inventory. India has initiated the preparation of its First National Communication (base year 1994) that includes an inventory of GHG sources and sinks, potential vulnerability to climate change, adaptation measures, and other steps being taken in the country to address climate change. The further details on UNFCC and the Kyoto Protocol are provided in Chapter 5.

      2.13.5.5 Convention on Biological Diversity, 1992

      The Convention on Biological Diversity (CBD) is a legally binding, framework treaty that has been ratified until now by 180 countries. The CBD has three main thrust areas: conservation of biodiversity, sustainable use of biological resources and equitable sharing of benefits arising from their sustainable use.

      The Convention on Biological Diversity came into force in 1993. Many biodiversity issues are addressed in the convention, including habitat preservation, intellectual property rights, biosafety, and indigenous people's rights.

      India's initiatives under the Convention are detailed in Section 2.13.2.3. These include the promulgation of the Wildlife (Protection) Act of 1972, amended in 1991, and participation in several international conventions such as CITES.

      2.13.5.6 UN Convention on Desertification, 1994

      Delegates to the 1992 UN Conference on Environment and Development (UNCED) recommended establishment of an intergovernmental negotiating committee for the elaboration of an international convention to combat desertification in countries experiencing serious drought and/or desertification. The UN General Assembly established such a committee in 1992 that later helped formulation of Convention on Desertification in 1994.

      The convention is distinctive as it endorses and employs a bottom‐up approach to international environmental cooperation. Under the terms of the convention, activities related to the control and alleviation of desertification and its effects are to be closely linked to the needs and participation of local land‐users and nongovernmental organizations. Seven countries in the South Asian region are signatories to the Convention, which aims at tackling desertification through national, regional, and sub‐regional action programs. The Regional Action Program has six Thematic Program Networks (TPNs) for the Asian region, each headed by a country task manager. India hosts the network on agroforestry and soil conservation. For details refer to Section 2.12.13.

      2.13.5.7 International Tropical Timber Agreement and the International Tropical Timber Organization (ITTO), 1983, 1994

      The ITTO established by the International Tropical Timber Agreement (ITTA), 1983, came into force in 1985 and became operational in 1987. The ITTO facilitates discussion, consultation, and international cooperation on issues relating to the international trade and utilization of tropical timber and the sustainable management of its resource base. The successor agreement to the ITTA (1983) was negotiated in 1994 and came into force on 1 January 1997. The organization has 57 member countries. India ratified the ITTA in 1996.

      2.13.6 An Assessment of the Legal and Regulatory Framework for Environmental Protection in India

      The extent of the environmental legislation network is evident from the above discussion, but the enforcement of the laws has been a matter of concern. One commonly cited reason is the prevailing command and control nature of the environmental regime. Coupled with this is the prevalence of all or nothing approach of the law; they do not consider the extent of violation. Fines are levied on a flat basis and in addition there are no incentives to lower the discharges below prescribed levels.

      Some initiatives have addressed these issues in the recent past. The Government of India came out with a Policy Statement for Abatement of Pollution in 1992, before the Rio conference, which declared that market‐based approaches would be considered in controlling pollution. It stated that economic instruments will be investigated to encourage the shift from curative to preventive measures, internalize the costs of pollution and conserve resources, particularly water. In 1995, MOEF constituted a task force to evaluate market‐based instruments, which strongly advocated their use for the abatement of industrial pollution. Various economic incentives have been used to supplement the command‐and‐control policies. Depreciation allowances, exemptions from excise or customs duty payment, and arrangement of soft loans for the adoption of clean technologies are instances of such incentives. Another aspect that is evident is the shift in the focus from end‐of‐pipe treatment of pollution to treatment at source. The role of remote sensing and geographical information systems in natural resource management and environmental protection has also gained importance over time. India has made commendable advances in the use of remote sensing for natural resource management and in integrating environmental and development at the policy planning and management levels.

      An important recent development is the rise of judicial activism in the enforcement of environmental legislation. This is reflected in the growth of environment‐related public litigation cases that have led the courts to take major steps such as ordering the shutdown of polluting factories.

Agenda 21 highlights the need for integration of environmental concerns at all stages of policy, planning, and decision‐making processes, including the use of an effective legal and regulatory framework, economic instruments, and other incentives. These very principles were fundamental to guiding environmental protection in the country well before Rio and will be reinforced, drawing on India's own experiences and those of other countries.

      2.13.7 Emerging Environmental Challenges

      India's economic development propelled by rapid industrial growth and urbanization is causing severe environmental problems that have local, regional, and global significance. Deforestation, soil erosion, water pollution, and land degradation continue to worsen and are hindering economic development in rural India, while the rapid industrialization and urbanization in India's booming metropolizes are straining the limits of municipal services