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Unit 10

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UNIT 10 ENVIRONMENTAL REGULATIONS

AND PENAL CODE


Structure
10.1 Introduction
Objectives
10.2 Rules and Regulations: Need
10.3 Agencies for making and Enforcement of Environmental Laws
10.4 The National Environment Policy
10.4.1 Objectives of the National Environment Policy

10.5 Environmental Protection from Indian Constitution Perspective


10.6 Environmental related regulations in India
10.6.1 Factories Act, 1948 and Amendment, 1987
10.6.2 The Water Prevention and Control of Pollution Act, 1974
10.6.3 The Forest Conservation Act, 1980
10.6.4 The Air Prevention and Control of Pollution Act, 1981
10.6.5 The Environment Protection Act, 1986
10.6.6 Ozone Depleting Substances Regulation and Control Rules, 2000
10.6.7 Noise Pollution (Regulation & Control) Rules, 2000
10.6.8 The National Green Tribunal Act, 2010
10.6.9 Coastal Regulation Zone Notification
10.6.10 Wastes (Management and Handling) Rules 1989 and onwards

10.7 The Indian Penal Code (IPC)


10.7.1 Indian Penal Code 1860 (IPC1860)

10.8 Judicial Interventions and Committee on Waste Management


10.8.1 Public Interest Litigation in the Supreme Court of India, 1996
10.8.2 Asim Burman Committee, 1999
10.8.3 The CAG Audit on Municipal Solid Waste in India, 2008
10.8.4 Committee on Urban Waste, 1972
10.8.5 Bajaj Committee, 1994

10.9 Summary
10.10 Answers to SAQs

10.1 INTRODUCTION
Pollution is one of the greatest causes of premature deaths and morbidity in the world
and this burden of pollution is disproportionately borne by the lower and middle
income countries such as India which is a home to more than 1/6 of humanity. In
India, due to the compound effect of its large population and high levels of

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environmental pollution, the human cost of pollution is among the highest in the
world.
Environmental considerations have been an integral part of the Indian culture. The
need for conservation and sustainable use of natural resources has been expressed in
Indian scriptures, more than three thousand years old and is reflected in the
constitutional, legislative and policy framework as also in the international
commitments of the country. The need for protection and conservation of
environment and sustainable use of natural resources is reflected in the constitutional
framework of India and also in the international commitments of India. The current
focus on environment is not new. Even before India’s independence in 1947, several
environmental legislations were existed but since the year 1970, an extensive network
of environmental legislation has grown in the country.
Objectives
 Agencies for making and Enforcement of Environmental Law
 Describe the constitutional provision for environmental protection and
conservation in India
 Discuss the various Indian environmental laws along with their objectives
 Describe the various pollution related acts such as water, air and environment
act

10.2 RULES AND REGULATIONS: NEED

Regulations can be defined as the rules which are authorized by the Government and
approved by legislation /public so they must be followed to control people from doing
anything not permissible by law. Violation of any regulation may cause severe
penalty or punishment or both. Environmental regulation is a complex
interdisciplinary effort involving ethical principles, political interests, scientific
knowledge, and technological capacities. In the parliament, when both the houses
pass a bill it becomes an Act and on the basis of the act, regulations come into force.
Rules are mainly used to restrict any individual from doing anything. People can set
rules in general as per their need while the regulations can be set only by the
government. The major difference in them is that regulations have a wider scope than
rules and that is why the consequence of breaking any regulation is much severe as
compared to the breaking of rules. Environmental standards set by the government
are implemented for the treatment and maintenance of the environment and can
include prohibition of specific activities, methods of monitoring and requiring permits
for the use of land or water. Environmental law, also known as environmental and
natural resources law, is a collective address of environmental pollution related but
distinct set of regulatory regimes, strongly influenced by environmental legal
principles, focus on the management of specific natural resources, such as forests,
minerals, or fisheries.

10.3 AGENCIES FOR MAKING AND ENFORCEMENT OF


ENVIRONMENT LAWS
In 1972, a National Council of Environment Planning and Co-ordination was set-up
at the Department of Science and Technology. Another committee was set-up in 1980
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for reviewing the existing legislations and administrative machinery for
environmental protection and for recommending ideas to strengthen the existing laws
and environmental agencies in India. In 1980, a separate Department of Environment
was set-up which was upgraded to full-fledged Ministry of Environment and Forests
in 1985. Ministry of Environment and Forests (MoEF) of Government of India serves
as the nodal agency for the planning, promotion, making of environment laws and
their enforcement in India. Following are the other important agencies which help the
MoEF in carrying out environment related activities:
 Central Pollution Control Board
 State Pollution Control Boards
 State Departments of Environment
 Union Territories (UT) Environmental Committees
 The Forest Survey of India
 The Wildlife Institute of India
 The National Afforestation and Eco-development Board
 The Botanical and Zoological Survey of India, etc.

10.4 THE NATIONAL ENVIRONMENT POLICY


The National Environment Policy (NEP) by the Ministry of Environment and Forests
(MoEF) aims at mainstreaming environmental concerns into all developmental
activities. The National Environment Policy (NEP), 2006 was an effort towards
India’s commitment to clean environment and making positive contribution to
international efforts. The National Environment Policy seeks to extend the coverage
and fill in gaps that still exist, in the light of present knowledge and accumulated
experience. It does not displace, but builds on the earlier policies. Some of them were:
 National Forest Policy, 1988
 National Conservation Strategy and Policy Statement on Environment and
Development, 1992
 Policy Statement on Abatement of Pollution 1992
 National Agriculture Policy, 2000
 National Population Policy, 2000
 National Water Policy, 2002
10.4.1 Objectives of the National Environment Policy
The Policy evolved from the recognition that only such development is sustainable,
which respects ecological constraints, and the imperatives of justice. The Objectives
stated above are to be realized through various strategic interventions by different
public authorities at Central, State, and Local Government levels. They would also be
the basis of diverse partnerships. The principles followed in the policy are:

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1) Human beings are at the centre of sustainable development concerns: Human
beings are at the centre of the concerns for sustainable development. They are entitled
to a healthy and productive life in harmony with nature.
2) The right to development: The right to development must be fulfilled, so as to
equitably meet developmental and environmental needs of the present and future
generations.
3) Environmental protection is an integral part of the development process: In
order to achieve sustainable development, environmental protection shall constitute
an integral part of the development process and cannot be considered in isolation
from it.
4) The precautionary approach: Where there are credible threats of serious or
irreversible damage to key environmental resources, lack of full scientific certainty
shall not be used as a reason for postponing cost effective measures to prevent
environmental degradation.
5) Economic efficiency: In various public actions for environmental conservation,
economic efficiency would be sought to be realized. This Principle requires that the
services of environmental resources be given economic value, and such value to
count equally with the economic values of other goods and services, in the analysis of
alternative courses of action.
SAQ 1
a) Why is the need for legislation for solving environmental issues?
b) Discuss the National Environment Policy.
c) Write the agencies for making and enforcement of Environmental Laws.

10.5 ENVIRONMENT PROTECTION: FROM INDIAN


CONSTITUTION PRESPECTIVE
Our constitution is not an inert but has grown and evolved over the years. In the
Indian scenario, environment protection, has not only been raised to the status of
fundamental law of the land, but it has also been webbed with human rights approach
and is now considered as a well-established fact that it is the basic human right of
every individual, to live in a pollution free environment with complete human dignity.
The preamble to our constitution provides for a socialist society which promotes
environmental protection. Constitution of India provides following provisions for the
protection of the environment:
a) Article 48A: It comes under the Directive Principle of State Policy. It says that
“the State shall endeavour to protect and improve the environment and to safeguard
the forests and wildlife of the country”. This article imposed duty on State to protect
the environment from pollution by adopting various measures.
b) Article 51A (g): It states that “It shall be the duty of every citizen of India to
protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures”. This article is similar to Article
48A, only difference is it is the fundamental duty of citizens whereas Article 48A is
the duty of the State to protect environment. This article says that we get a pollution-

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free environment from nature so it is our duty to not only protect the environment
from pollution but also improve its quality.
c) Article 253: This article gives power to Parliament to create law for the country or
any part of the territory for implementing any conventions, treaty and agreement with
other countries. By this article Parliament enacted various laws for the protection of
environment.
d) Article 246: This Article divides the subjects of legislation between Union and
State. It also provides Concurrent list in which both State and Union make laws by
sharing jurisdiction which includes forests, protection of wildlife, mines and minerals
development. So, both State and Union have power to make laws for protecting the
environment.
e) Article 47: Imposed duty on the State to improve the standard of living of citizens
by providing health facilities, sanitation, proper nutrition and protect the environment
to live safely. And it also wants from citizens to be more conscious of the
environment.
f) Article 21: It states that “No person shall be deprived of his life or personal liberty
except according to the procedure established by law.” Because of the environment is
not safe then it effects on our life directly. In a verdict Supreme Court of India stated
that the right to live includes living in a pollution-free environment and it is also free
from diseases.
g) Article 19(1) (g): It states that it is the fundamental right of citizens to practice any
profession or to carry any occupation, trade, business in any part of the country with
some reasonable restrictions. In a decision Supreme Court provide upper hand to
environment protection in comparison to freedom of trade. So, the citizen cannot
practice such trade or business activities if it is hazardous to health of public.
h) Article 32 & 226: These articles provide right to citizen to approach to Supreme or
High Court whenever there is violation of fundamental right by PIL (Public Interest
Litigation).

10.6 ENVIRONMENTAL RELATED REGULATIONS IN INDIA


Environmental Law plays a very crucial and important role in regulating the use of
natural resources and in protecting the environment. The success of environmental
legislations mainly depends on the way they are enforced. Legislation also serves as a
valuable tool for educating masses about their responsibility in maintaining healthy
environment. Ironically, India was also one of the early pioneers of integrating
environmental considerations into its legislative and policy. The Parliament of India
has passed several acts and laws in order to protect the environment.
10.6.1 Factories Act, 1948 and Amendment, 1987
The Factories Act, 1948 was a post independence statute that explicitly showed
concern for the environment. The primary aim of the 1948 Act has been to ensure the
welfare of workers not only in their working conditions in the factories but also their
employment benefits. While ensuring the safety and health of the workers, the Act
contributes to environmental protection. The Act contains a comprehensive list of 29
categories of industries involving hazardous processes.

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10.6.2 The Water Prevention and Control of Pollution Act, 1974
This has been enacted to provide for the prevention and control of water pollution and
to maintain or restore wholesomeness of water in the country. It establishes different
boards for the prevention and control of water pollution with a view to carry out the
aforesaid purposes. The Water Act prohibits the discharge of pollutants into water
bodies beyond a given standard and lays down penalties for non-compliance. Water
(Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the
levy and collection of a cess on water consumed by persons operating and carrying on
certain types of industrial activities. The Act was last amended in 2003.
10.6.3 The Forest Conservation Act, 1980
The Forest Conservation Act, 1980 was enacted to help conserve the country's forests.
It strictly restricts and regulates the de-reservation of forests or use of forest land for
non-forest purposes without the prior approval of Central Government. To this end
the Act lays down the pre-requisites for the diversion of forest land for non-forest
purposes. Recognition of Forest Rights Act, 2006 recognizes the rights of forest-
dwelling Scheduled Tribes and other traditional forest dwellers over the forest areas
inhabited by them. Further, act provides a framework for the same.
10.6.4 The Air Prevention and Control of Pollution Act, 1981
This is an act to provide for the prevention, control and abatement of air pollution and
for the establishment of Boards at the Central and State levels with a view to carrying
out the aforesaid purposes. To counter the problems associated with air pollution,
ambient air quality standards were established under the Air Act. The Air Act seeks
to combat air pollution by prohibiting the use of polluting fuels and substances, as
well as by regulating appliances that give rise to air pollution. The Air Act empowers
the State Government, after consultation with the SPCBs, to declare any area or areas
within the Sate as air pollution control area or areas. The Air Prevention and Control
of Pollution Rules formulated in 1982 defined the procedures for conducting
meetings of the boards, the powers of the presiding officers, decision-making etc.
They also prescribed the manner and the purpose of seeking assistance from
specialists and the fee to be paid to them.
10.6.5 The Environment Protection Act, 1986
The Environment Protection Act, 1986 provides for the protection and improvement
of environment. The Environment Protection Act establishes the framework for
studying, planning and implementing long-term requirements of environmental safety
and laying down a system of speedy and adequate response to situations threatening
the environment.
Under the Environment Act, the Central Government is empowered to take measures
necessary to protect and improve the quality of environment by setting standards for
emissions and discharges of pollution in the atmosphere by any person carrying on an
industry or activity; regulating the location of industries; management of hazardous
wastes, and protection of public health and welfare. From time to time, the Central
Government issues notifications under the Environment Act for the protection of
ecologically-sensitive areas or issues guidelines for matters under the Environment
Act.
In case of any non-compliance or contravention of the Environment Act or of the
rules or directions under the said Act, the violator will be punishable with
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imprisonment up to five years or with fine up to Rs 100000 or with both. In case of
continuation of such violation, an additional fine of up to Rs 5000 for every day
during which such failure or contravention continues after the conviction for the first
such failure or contravention will be levied. Further, if the violation continues beyond
a period of one year after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to seven years.
10.6.6 Ozone Depleting Substances Regulation and Control Rules, 2000
MoEF vide its notification has notified rules for regulation/ control of Ozone
Depleting Substances (ODS) under Montreal Protocol. As per the notification certain
control and regulation has been imposed on manufacturing, import, export, and use of
these compounds. Organizations as per provisions of notification shall is phase out all
equipment, which uses these substances, and is aiming at CFC free organization in
near future.
10.6.7 Noise Pollution (Regulation & Control) Rules, 2000
The aim of this act is to regulate and control noise from sources like industrial
activity, construction activity, generator sets, loud speakers, music systems, vehicular
horns and other mechanical devices.
10.6.8 The National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010 has been enacted with the objectives to
provide for establishment of a National Green Tribunal (NGT) for the effective and
expeditious disposal of cases relating to environment protection and conservation of
forests and other natural resources including enforcement of any legal right relating to
environment and giving relief and compensation for damages to persons and property
and for matters connected therewith or incidental thereto. Consequent to enforcement
of the National Green Tribunal Act, 2010, the National Environment Tribunal Act,
1995 and the National Environment Appellate Authority Act, 1997 stand repealed.
10.6.9 Coastal Regulation Zone Notification
The Ministry of Environment and Forests had issued the Coastal Regulation Zone
Notification dated January 06, 2011 with an objective to ensure livelihood security to
the fishing communities and other local communities living in the coastal areas, to
conserve and protect coastal stretches and to promote development in a sustainable
manner based on scientific principles, taking into account the dangers of natural
hazards in the coastal areas and sea level rise due to global warming.
10.6.10 Wastes (Management and Handling) Rules 1989 and onwards
These rules are applicable beyond municipal areas and have included urban
agglomerations, census towns, notified industrial townships, areas under the control
of Indian Railways, airports, special economic zones, places of pilgrimage, religious
and historical importance, and State and Central Government organizations in their
ambit. We will discuss on waste management and handling rules in detail in next unit.
SAQ 2
a) Discuss the provisions for the protection of the environment by Constitution of India.
b) Enumerate Environmental related regulations.

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10.7 THE INDIAN PENAL CODE (IPC)
The Indian Penal Code (IPC) is the main document which governs all criminal acts
and the punishments they ought to be charged with. The objective of enacting the IPC
was to provide a general and exhaustive penal code for crime in India. In order to be
held liable under the IPC, the accused must possess both guilty mind and guilty act.
The IPC extends to the whole of India. Punishments under the IPC can be extended
both to offences committed within India as well as offences committed beyond. The
provisions of IPC apply also to any offence committed by any person on any ship or
aircraft registered in India.
a) Nuisance: Nuisance is related to unlawful interference with one's enjoyment of
land or any right arising from it, thereto. It may be categorized into Public Nuisance
or Private Nuisance. Public nuisance deals with interference with a right pertaining to
public or an individual. There are a few remedies available vis-à-vis public nuisance
in Criminal Procedure Code, 1973. Rule 91 prescribes that a suit may be filed to
obtain a suitable relief or injunction for any cause of action affecting or likely to
affect public nuisance.
b) Negligence: It is necessary to establish a direct nexus between negligence and the
damage caused. The other ingredient that constitutes negligence is that the respondent
did not take sufficient care to avoid public nuisance that the person was required to
take such care under the law.
c) Trespass: It is an unlawful interference with another's possession of property. The
primary ingredient to establish a case of trespass is that there should be an intentional
invasion of another's physical possession of property. Thus two primary ingredients
to establish a case of trespass are:
i) There should be intentional interference
ii) Such interference should be direct in nature
d) Strict Liability: The concept of strict liability brings on his land and collects and
keeps there anything likely to do mischief, facie answerable for all the damage which
is the natural consequence of its escape" like Gas Leak Case, which are hazardous &
toxic or dangerous activity is being carried out in any premises then the compensation
has to be paid directly proportional to magnitude and capacity of the enterprise
because such compensation needs to have a deterrent effect.
10.7.1 Indian Penal Code 1860 (IPC1860)
There are specific penal provisions in various legislations for the protection of
environment. Chapter XIV of the Indian Penal Code, deals with offences relating to
public health, safety etc. The main object of these provisions is to protect the public
health, safety and convenience by rendering those acts punishable which make the
environment polluted and dangerous to the life of an individual.
1) Rule 268-Public nuisance: A person is guilty of a public nuisance who does any
act or is guilty of an illegal omission which causes any common injury, danger or
annoyance to the public or to the people in general who dwell or occupy property in
the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance
to persons who may have occasion to use any public right. A common nuisance is not
excused on the ground that it causes some convenience or advantage. Rule 268 of the

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Indian Penal Code, 1860, defines the term public nuisance and Rule 290 of the IPC
makes public nuisance punishable.
2) Rule 269-Negligent act likely to spread infection of disease dangerous to life:
Whoever unlawfully or negligently does any act which is, and which he knows or has
reason to believe to be, likely to spread the infection of any disease dangerous to life,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
3) Rule 270-Malignant act likely to spread infection of disease dangerous to life
Whoever malignantly does any act which is, and which he knows or has reason he
believe to be, likely to spread the infection of any disease dangerous to life, shall be
punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
4) Rule 271-Disobedience to quarantine rule: Whoever knowingly disobeys any
rule made and promulgated for putting any vessel into a state of quarantine, or for
regulating the intercourse of vessels in a state of quarantine with the shore or with
other vessels, for regulating the intercourse between places where an infectious
disease prevails and other places, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with both.
5) Rule 277-Fouling water of public spring or reservoir: Whoever voluntarily
corrupts or fouls the water of any public spring or reservoir, so as to render it less fit
for the purpose for which it is ordinarily used, shall be punished with imprisonment
of either description for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.
6) Rule 278-Making atmosphere noxious to health: Whoever voluntarily vitiates
the atmosphere in any place so as to make it noxious to the health of persons in
general dwelling or whoever carrying on business in the neighborhood or passing
along a public way, shall be punished with fine which may extend to five hundred
rupees.
7) Rule 279-Rash driving or riding on a public way: Whoever drives any vehicle,
or rides, on any public way in a manner so rash or negligent as to endanger human
life, or to be likely to cause hurt or injury to any other person, shall be punished with
imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
8) Rule 282-Conveying person by water for hire in unsafe or overloaded vessel:
Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any
person by water in any vessel, when that vessel is in such a state or so loaded as to
endanger the life of that person, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or both.
9) Rule 284-Negligent conduct with respect to poisonous substance: Whoever
does, with any poisonous substance, any act in a manner so rash or negligent as to
endanger human life, or to be likely to cause hurt or injury to any person, or
knowingly or negligently omits to take such order with any poisonous substance in
his possession as is sufficient to guard against any probable danger to human life
from such poisonous substance, shall be punished with imprisonment of either

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description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
10) Rule 285-Negligent conduct with respect to fire or combustible matter:
Whoever does, with fire or any combustible matter, any act so rashly or negligently as
to endanger human life, or to be likely to cause hurt or injury to any other person, or
knowingly or negligently omits to take such order with any fire or any combustible
matter in his possession as is sufficient to guard against any probable danger to
human life from such fire or combustible matter, shall be punished with
imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
11) Rule 286-Negligent conduct with respect to explosive substance: Whoever
does, with any explosive substance, any act so rashly or negligently as to endanger
human life, or to be likely to cause hurt or injury to any other person, or knowingly or
negligently omits to take such order with any explosive substance in his possession as
is sufficient to guard against any probable danger to human life from that substance,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with
both.
12) Rule 287-Negligent conduct with respect to machinery: Whoever does, with
any machinery, any act so rashly or negligently as to endanger human life or to be
likely to cause hurt or injury to any other person, or knowingly or negligently omits to
take such order with any machinery in his possession or under his care as is sufficient
to guard against any probable danger to human life from such machinery, shall be
punished with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or both.
13) Rule 290-Punishment for public nuisance in cases not otherwise provided for:
Whoever commits a public nuisance in any case not otherwise punishable by this
code shall be punished with fine which may extend to two hundred rupees.
14) Rule 291-Continuance of nuisance after injunction to discontinue: Whoever
repeats or continues a public nuisance, having been enjoined by any public servant
who has lawful authority to issue such injunction not to repeat or continue such
nuisance, shall be punished with simple imprisonment for a term which may extend to
six months, or with fine, or with both

10.8 JUDICIAL INTERVENTIONS AND COMMITTEE ON


WASTE MANAGEMENT
In the last two decades, solid waste management law has seen considerable
development in India. The development of the laws in this area has seen a
considerable share of initiative by the Indian judiciary, particularly Supreme Court of
India and the High Courts of the States. In its efforts to protect the environment from
solid and hazardous waste, the Supreme Court and the Indian Judiciary in general
have relied on the public trust doctrine, precautionary principle; polluter pays
principle, the doctrine of strict and absolute liability, the exemplary damages
principle, the pollution fine principle and inter-generational equity principle apart
from the existing law of the land.
10.8.1 Public Interest Litigation in the Supreme Court of India, 1996
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A public interest litigation (PIL) was filed in the Supreme Court in year 1996 against
the municipal authorities for their failure in managing municipal solid waste (MSW)
and appointed an expert committee of various stakeholders who submitted their final
report titled “Solid Waste Management in Class I Cities” to the Supreme Court in
March 1999. The report consisted of technical aspects of managing different types of
waste, administrative requirements, capacity building, and institutional management
of information system, public awareness, and legal actions obligations to be taken by
central government, state authorities and Class I cities to address the problem of
MSW management effectively
10.8.2Asim Burman Committee, 1999
When PIL failed to bring a change, the Supreme Court of India formed a committee
to review the condition of SWM practices in Class I cities in July, 1998. The
commission was constituted under the chairmanship of Mr. Asim Burman, gave the
report in March 1999 with suggestions for improving the system of waste
management which included support measures that should be extended from Central
and state governments for effective strategy planning.
10.8.3 The CAG Audit on Municipal Solid Waste in India, 2008
The Comptroller and Audit General (CAG) performed an audit on ‘Management of
Waste in India’ in 2008, which included 24 states to identify:
 Loopholes and weaknesses in the policies related to management of waste.
Municipalities of many cities were found guilty of poor monitoring of
waste
 Degraded quality of data and lack of accountability that was leading to
ineffective waste management in the country.
10.8.4 Committee on Urban Waste, 1972
Ministry of Health and Family Welfare (MoHFW), Govt. of India had setup
Committees to study SWM was set regarding the:
 degradation in environmental quality by enormous pollution,
 loss of vegetal cover and biological diversity,
 excess accumulation of harmful chemicals in the atmosphere and in food
chains,
 growing risks of environmental accidents and threats to life support system to
protect and enhance the environmental quality,
The report submitted in 1975, with recommendations made on SWM elements like
collection, segregation, transportation and disposal. It also presented a comparative
assessment of performance by Municipal authorities in some states and highlighted
the need to develop an enacting model of legislation.
10.8.5 Bajaj Committee, 1994
The increasing problem of waste in cities and the slow rate of development of
effective SWM strategies, the Central Government had set up a high power
committee on urban SWM in India. Bajaj Committee reports made large number of
practical recommendations related to segregation of waste at source, setting up

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primacy collection units, composting and recycling and providing appropriate
equipment and vehicles for transportation of waste.
SAQ 3
a) What is Indian Penal code?
b) Discuss judicial intervention on waste management.

10.9 SUMMARY
This unit presents overview on the need of Rules and Regulations for environment.
Unit explains about agencies for making and Enforcement of Environmental Laws
and the National Environment Policy. Unit gives details on environmental related
regulations in India. The Indian Penal Code has been discussed in the unit. The unit
has a discussion on judicial interventions and committee on waste management

10.10 ANSWERS TO SAQs


SAQ 1
a) Refer section 2
b) Refer section 3
c) Refer section 4
SAQ 2
a) Refer section 5
b) Refer section 6
SAQ 3
a) Refer section 7
b) Refer section 8

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