[Policy and Law, Review of UNCTAD Project, Law Component]
The Ministry continued with its activities aimed at creating a comprehensive legal and institutional infrastructure for safeguarding the environment. These include framing of rules, notification of standards, recognition of environmental laboratories, delegation of powers, identification of agencies for management of hazardous chemicals etc. The existing laws, rules etc. are also amended from time to time to make them more effective.
The Govt. of India had constituted a Commission on "Review of Administrative Law" under the Chairmanship of Sh. P.C. Jain in 1998. In pursuance of the recommendations made by the commission, all the Ministries/Departments have been requested by the Department of AR & PG to make necessary amendments, repeal etc. in respect of the Acts pertaining to them. Accordingly, the concerned Division of the Ministry has initiated necessary action in a phased manner for the amendment of the (I) Water (Prevention and Control of Pollution) Act, 1974, (ii) Air (Prevention and Control of Pollution) Act, 1981 and (iii) Environment (Protection) Act, 1986.
Apart from this, action in respect of some other Acts has also been initiated by the concerned Division for their amendments and repeal.
The Water (Prevention and Control of Pollution) Cess Act, 1977
The Water (Prevention and Control of Pollution) Cess Act, 1977 was enacted to provide for the levy and collection of cess on water consumed by specified industries and local authorities to augment the resources of the Central and State Pollution Control Boards. The existing rates of water cess were revised in 1991 because with the rapid expansion of industries and towns, the responsibility and workload of the Pollution Control Boards have increased considerably and the funds available with these Boards had not kept pace either with increase in costs or with the overall commitment in involving heavy financial liabilities. The Water Cess Act is being amended again so as to enhance the water cess rates thereby augmenting the resources of Pollution Control Boards. A bill in this regard is proposed to be introduced in the Lok Sabha soon.
Labelling of Environmental Friendly Products
The Government have instituted a scheme in 1991 for Labelling of Environment Friendly Products, with a view to provide accreditation and labelling for household and other consumer products which meet certain environmental criteria along with quality requirements of the Indian Standards Institutes for that product. The label shall be known as the ECOMARK. Any product, which is made, used or disposed of in a way that significantly reduces the harm it would otherwise cause the environment, could be considered as Environment Friendly Product. Till date the Ministry has issued 16 notifications on different products criteria. This is a social scheme to help consumers to contribute their mite in the protection of the environment. Awareness building programmes are being supported to popularize the scheme. The Waterfall Institute for Transfer of Technology, New Delhi and Material Management Institute has been provided financial assistance. The Waterfall Institute for Transfer of Technology has so far brought out three issues of a Newsletter on "EcoMark" for awareness building. Another project on comparative testing programme has also been sponsored by the Ministry to VOICE, New Delhi.
The Ministry is implementing a project on the green rating of the industry being executed by the Centre for Science and Environment, New Delhi. The project has been sponsored by the UNDP. Eco-rating serves as a mean to recognize good environmental performance, as well as improvements in performance of the unit. It creates positive incentives for corporate to rise beyond compliance. By simplifying and condensing environmental risk into a single indicator, Eco-rating also helps stakeholders understand environmental risk issues better. It enables them to incorporate environmental risk criteria in their decision-making processes. The project would help in the capacity development by conducting training workshops, seminars, conferences etc. on the issues pertaining to the industry and environment interface. These programmes would target the media, NGOs, financial institutions, managerial staff, students, policy makers and regulators. This would facilitate the change in attitude of the stakeholders and the industry on the need to support the proactive industry. The final draft report of the project has been received and being examined. The second phase of the project is being considered to be taken up during the year.
The UNCTAD Project on strengthening Trade and Environmental Policy Coordination in India, endorsed by the Ministry aims to facilitate the implementation of the recommendations of the UNCTAD- Ministry of commerce seminar on ‘Contemporary Issues in Trade and Environment’ as well as to assist the Government of India in capacity building and policy co-ordination. The project is sponsored under the GOI-UNDP country cooperation Framework 1 (1997-20001). The project, is executed by UNCTAD, in close consultation with the Government of India (Ministry of Environment & Forests and Ministry of Commerce) and UNDP. Maximum use is being made of national consultants. The workshops as well as reports containing recommendation for a sub-programme on Trade, Environment and Development from the basis of principal outputs of the main report. So far three seminars/workshops have been held under the project. The project is at completion stage.
The project aims to build capacity for community based environmental decision making and dispute resolution. The main activities of the Law component consist of both expansion of on-going programmes like strengthening and Monitoring of existing environmental laws and new programmes like strengthening Legal Research and Education, Community based environmental decision making and dispute resolution and training in environmental law to personnel of MoEF, CPCB, Industries and NGOs.
Following activities have been organised so far under the Law component :
--------------------------------------------------------------------- Sl.No. Activities No. of No. of Activities Participants --------------------------------------------------------------------- 1. Consultation 4 108 2. Workshops 15 535 3. Sensitization Programme 5 272 4. Training 2 50 --------------------------------------------------------------------- Total 26 965 ---------------------------------------------------------------------
The National Law School of India University (NLSLU) is the executing agency for this project. The other partner law institutes/schools are assisting the NLSLU.