Structuring A Sustainable Environment In The Covid Era
The novel coronavirus disease though is a cruelty to the world's society and
economy it has a greater positive impact on the environmental regulations around
the world. The countries those accepted COVID-19 as a serious problem had less
impact of the disease. Strict measures were taken to save the lives of the
people, even if it costs financially. There was continuous communication of the
problem and various stakeholders joined hands to overcome this tragic situation.
Every country that has not accepted and delayed this process has failed
miserably. The same equation of acceptance, strict measures, communication and
collaboration could be applied in dealing with the much serious problem of
environmental degradation. COVID-19 has put a foundation that the environment
can be protected from massive pollution with people participation.
First, accept the problem of environmental pollution and climate change. With
the passing of year nearly 1.2 million people die in Delhi the National Capital
Region because of air and water pollution. Accept the fact that 15 out of 20
most polluted cities are located in India. The Central and the State Governments
are not ready to accept the problem of pollution unless an order is given
against them by the Supreme Court or the National Green Tribunal (NGT). No
Indian study has shown that pollution reduces lifespan.
Therefore, no means of valid communication of the serious issue. No governmental
authority has still taken any strict measure to control pollution. It is always
the NGT and Supreme Court that deals with these matters. Collective efforts are
required to approach this problem. Proactive stakeholder engagement is required
for effective policy making.
The government decides standards and notifies in haste without involving the
stakeholders. Such decisions do not have the positive impact on the industries
and other stakeholders. Not considering this a serious issue has made our cities
with no means of healthy living making it more vulnerable to pandemics like
COVID 19. Unless we accept it, it is going to comeback in a much worse form.
Environmental Regulations And Covid-19
Environmental laws are essential for human survival. This pandemic is an
opportunity to accelerate sustainability. The global economy is facing
recession. Once the lockdown is lifted, the first casualty is going to be
environmental regulation. In India, environmentalists point out that the
government provides clearance on projects without any public consultation or
assessing its impact on the environment for the sake of development of the
economy.
Weakening the environmental regulations will result in rapid depreciation in the
ecosystem and will have a serious effect on climate change. The Canadian
government for instance, during the global financial crisis 2008, exempted the
projects that were designed to stimulate the weakening economy from
environmental impact assessments. Slashing an environmental legislation makes no
economic sense.
A research study from Oxford University states that, the projects that cut out
carbon emissions created more jobs and delivered higher returns. The pandemic
has limited movement, consumption, economic activities and release of polluted
emissions. Therefore, the use of natural resources has been slowed down. The
amount of carbon dioxide continues to rise due to the increase of usage in
plastics.
Activities to conserve bio diversity and eco system have been reduced resulting
in illegal dumping of medical wastes. The lockdown has also led to postponement
of vital negotiations of environmental governance. The huge pressure on the
environment post pandemic must be effectively dealt by the government and its
agencies. They must keep in mind that reduced pollution, better quality of air,
water, sanitation, and waste management will reduce vulnerability and improve
resilience and sustainability.
A Wake- Up Call!
The improvement in the environment is a result of worldwide lockdown and reduced
human activity. The global pollution levels have been decreased drastically. Air
pollution has come down and resulted in blue skies in the most polluted areas
and water bodies have become clear in the midst of the chaotic situation. People
in India are breathing cleaner air since the declaration of nationwide lockdown.
Even worldwide, there are improvements in the environmental conditions which are
being witnessed after several years. But this situation is expected to be
short-lived. Once the lockdown is removed, government and private individuals
insist on opening the factories and industries in order to recover the economy.
When this is not done cautiously, there is the beginning of another crisis.
This pandemic is a break from the past. India always had plans to handle climate
change. But it could not be made possible because there was no break from the
past. The government must take this as a wake-up call to ensure protection of
environment. It is something important to consider that the people of a state
are the drivers to change. One lockdown has managed to make a difference that we
could not make in the past decades.
Considering this on the serious note, the government, the people, the media must
come out as a strong force to make a movement for the change to happen for
sustainable future. The government is only an enabler and a source of funding to
sustainable projects. The innovation and solution rests on industries and
individuals.
Legal Changes Necessary To Maintain Environmental Gain Post Lockdown
The lockdown has proved to be a boon for the environment and its non human
inhabitants as it is evidently seen that the environment has revived itself
considerably in this span of time. Now one of the challenges is to maintain this
unexpected environmental gain in the post lockdown era where one of the main
concerns would be to re-build the fallen economy of the country through rapid
industrialization.
This lockdown has thought us that for a happy and healthy lifestyle it is
necessary that development and environmental good coexist. It is unwise to use
one as a trade-off against another. Maintaining balance between them is
essential for long term stability in a society.
To face the environmental crisis India has made a plethora of laws like the Air
Act 1981, Water Act 1974 etc, but the major step towards sustaining nature was
taken by the establishment of the environment Act, 1986 which confers power on
the central authority to protect, regulate and formulate laws regarding
environmental protection.
Although these laws mark the formation of a framework for environmental
governance, they lacked in various spheres such as, in providing a mechanism for
handling and disposal of hazardous waste, procedural and communicational aspects
etc. Later the NGT was established under article 253 of the constitution which
in turn brought the 3 principles of environmental justice- the Precautionary,
the Sustainable development and the Polluter Pays Principle.
The SC adopted the Polluter Pays Principle which advocates that a polluter must
financially compensate for polluting the environment, as a guiding principle.
Though this principle acted as a deterrent it did not do much good in reviving
the environment as the damage done was irreversible.
The compliance for the matters like proper handling and disposal of waste and
such related matters was depending upon the polluter under this principle, but
now it is time for a shift from compliance-based approach to stringent
enforcement approach as the former has failed to robust the environment. It is
time for the government to establish its own treatment plants to and remain
connected with industries and direct municipal authorities to build a proper
sewage system for efficient waste management and bring such necessary amendments
in the respective acts for ensuring a smooth shift -in of approaches.
This surely needs huge amounts of financing but the same is a minor loss
compared to the environmental benefits which can be reaped like the Ganga Action
Plan. Moreover, the Public Trust Doctrine as held by the SC encourages the
government to protect the resources for the use of public rather than allowing
the payment of damages for environment exploitation by few for the satisfaction
of their personal greed. Thus, the government should take all necessary measures
and make necessary legal changes to convert this worldwide crisis into an
ecological opportunity and also sustain the same.
The EIA Notification-A Concern
Recently the government has promulgated a draft notification regarding the
Environment Impact Assessment (EIA) Rules, 2020. This notification does away
existing EIA Rules, 2006, it is a matter of great concern for the
environmentalists because it permits the regularisation environmental violation
in return for fines.
This notification advocates the Polluter Pays Principle again which has failed
to save the surrounding. This draft was placed before the public to present
their views in writing followed by a public hearing. The union environment
minister has stated that necessary amendments will be made after considering the
views put forth, the outcome of the same is not clear.
Conclusion
Balance is the key for long term stability, with time the growth in technology
and other inventions, discoveries in numerous fields has spiked the rate of
development which in turn has led to the development of the nation and its
economy. This upliftment has helped human life progress and become luxurious in
comparison to the olden days.
It is known that pros and cons are converse of one another; anything which is
advantageous in one's perspective is disadvantageous from other's view point and
to this development is no exception. Development certainly is a boon for us
humans but is not so for the environment. In our craving for development we have
mercilessly exploited the natural resources forgetting their limited
availability.
Through such actions we brought upon ourselves the hazardous effect of pollution
of the air, water, land and so on. Furthermore, we faulted in not considering
this pollution as a serious predicament requiring urgent National attention,
thus we ended up making ourselves vulnerable to pandemics like the COVID-19.
After all, protecting the environment is not an option but a mandate under the
Constitution as given under Article 48(A) and 51(A)(g).
This lockdown is a perfect time for us to sit back and rethink our past actions
and understand their outcomes to bring about a change in them and shift back to
the green path our ancestors have walked on, leaving behind the path of
environmental destruction we have currently taken while equally concentrating on
development and making sure that the balance remains.
Law Article in India
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