Recent Development - in Indian Environment

Recent Development - in Indian Environment

1. Namami Gange

• The River Ganga is important not only for its cultural and spiritual significance but also because it hosts more than 40% of the country’s population. To translate this vision, the Government launched an integrated Ganga conservation mission called ‘Namami Gange’ to arrest the pollution of Ganga River and revive the river. The Union Cabinet approved the action plan proposed by Centre to spend Rs 20,000 Crores till 2019-2020 on cleaning the river, increasing the budget by four-fold and with 100% central share – a central sector scheme.
• Recognizing the multi-sectoral, multi-dimensional and multi-stakeholder nature of the Ganga Rejuvenation challenge, efforts have been made to improve the inter-ministerial and centre-state coordination with increased involvement in preparation of action plan and increased monitoring at central and state levels.
• The implementation of the program has been divided into entry-level activities (for immediate visible impact), medium term activities (to be implemented within 5 years of time frame), and, long-term activities (to be implemented within 10 years).
• Entry-level activities includes river surface cleaning to address the floating solid wastes; rural sanitation to arrest the pollution (solid & liquid) entering through rural sewage drains and construction of toilets; renovation, modernization, & construction of crematoria that prevents the disposal of un-burnt/ partially burnt bodies in the river; repair, modernization & construction of ghats to improvise the human-river connect.
• Medium-term activities will focus on arresting the municipal and industrial pollution entering into the river. To address the pollution through municipal sewage, 2500 MLD additional treatment capacity is to be created in next 5 years. Major financial reforms are underway to make the program efficient, accountable, and sustainable in the long term. Hybrid Annuity based Public Private Partnership model for project implementation is currently being considered by the Cabinet. If approved, Special Purpose Vehicle will manage concessionaires in all major cities, market will be developed for treated water, and long term sustainability of assets will be assured.
• For managing the industrial pollution, efforts have been initiated to improvise the compliance through better enforcement.
• Grossly Polluting Industries located along Ganga have been directed to reduce the effluent quality & volume or implement zero-liquid discharge. Action plan for the implementation of these directions by Pollution Control Boards are already prepared and timelines have been assigned for each category of industry with detailed consultations. All the industries have to install real-time on-line effluent monitoring stations.
• It is worth mentioning that cleaning river Ganga is extremely complex due to its socio-economic & cultural importance and yet, exploitation for various uses. Never in the world such a complex program has been implemented and will require participation across sectors and each and every citizen of the country.
• There are various ways in which each one of us can contribute to the cause of cleaning river Ganga:
  • Contribution of funds: Restoring the quality of a river with the length and population as large as that of Ganga requires huge investments. Government has already increased the budget by four-fold but still may not be enough to the requirements. Clean Ganga Fund has been established that provides a platform to all for contributing funds to clean river Ganga.
  • Reduce, Reuse and Recovery: Majority of us do not realize that used water and filth of our homes can end up in the rivers if not disposed properly. Sewerage infrastructure is already being constructed by the Government but citizens can reduce the usage of water and generation of waste. Reusing and Recovery of used water and organic waste & plastics can greatly benefit the program.

2. The Recycling of Ships Bill, 2019

Ministry: 

Chemicals and Fertilizers

• The Recycling of Ships Bill, 2019 on November 25, 2019. The Bill restricts the use of hazardous material on ships and regulates the recycling of ships.  
• Key features of the Bill include:
  • Applicability of the Bill: The Bill will apply to: (i) any new or existing ship which is registered in India, (ii) ships entering a port or terminal in India, or the territorial waters of India, (iii) any warship, or other ship owned and operated by an administration and used on government non-commercial service, and (iv) ship recycling facilities operating in India. 
  • Ship recycling: The Bill defines ship recycling as the dismantling of a ship at a facility to recover the components and materials for reuse, and taking care of the hazardous material so produced.  It includes associated operations such as storage and treatment of materials and components on site.
  • Requirements for ships: Ships should not use prohibited hazardous materials as notified.  The central government may exempt certain categories of ships from this requirement.  The National Authority will carry out periodic surveys to verify the prescribed requirements.  This Authority will be notified by the central government to administer, supervise and monitor all activities related to ship recycling.
  • The owner of every new ship must make an application to the National Authority to obtain a certificate on the inventory of hazardous materials. Existing ship owners must apply for the certificate within five years of the commencement of the Act.  The certificate must be renewed every five years.  It must be maintained and updated through the life of the ship to reflect any changes in the ship’s structure and equipment.  The certificate may be suspended for various reasons such as the ship not complying with the particulars of the certificate, or not maintaining the inventory of hazardous materials properly.  Using hazardous materials in a ship will be punishable with imprisonment of up to three months, or a fine of up to five lakh rupees, or both.
  • These requirements will not apply to: (i) any warship, or other ship owned and operated by an administration and used on government non-commercial service, and (ii) ships with internal volume less than 500 tonne
  • Recycling facilities: Ships will be recycled only in authorised recycling facilities.  An application to authorise such a facility must be submitted to the Competent Authority (which will be notified by the central government) along with a ship recycling facility management plan, and prescribed fee.  Existing facilities must apply for authorisation within 60 days of the commencement of the Act.  A facility will be authorised when the Competent Authority is satisfied that it follows the specified standards.  The certificate of authorisation will be valid for a period as specified but not exceeding five years.  Contravening these provisions will be punishable with imprisonment of up to one year, or a fine of up to Rs 10 lakh, or both.
  • Each Ship Recycler must maintain adequate measures for emergency preparedness and response, safety, health, training, and welfare of workers as per the Factories Act, 1948. It must also provide insurance coverage for the regular and temporary workers. 
  • Recycling process: A ship owner must apply to the National Authority for a ready for recycling certificate before recycling his ship.  The Ship Recycler must prepare a ship recycling plan which should be approved by the Competent Authority.  Each ship will be recycled after obtaining written permission from the Competent Authority.  The Authority must grant such permission after physically inspecting the ship. 
  • Every ship recycler must: (i) ensure safe and environmentally sound removal and management of hazardous materials from a ship, and (ii) comply with the specified environmental regulations. They must also ensure that no environmental damage is caused due to such recycling.  On contravening these provisions, the ship recycler will be liable to pay environmental damages and cleanup operation compensation as prescribed.  In case of an oil spill, a ship recycler will be punishable with: (i) a fine of up to five lakh rupees in case of no response within 12 hours of issue of the first notice, (ii) a fine of up to Rs 10 lakh in case of no response within 24 hours of issue of the second notice, and (iii) imprisonment of up to three months, and a fine of up to Rs 10 lakh in case of no response within 24 hours of issue of the third notice.
  • Appeals: Decisions of the Competent Authority may be appealed with the National Authority within 30 days of receiving the decision.  Decisions of the National Authority may be appealed with the central government within 30 days of receiving the decision. 

3. The Dam Safety Bill, 2019

Ministry: 

Water Resources

Highlights of the Bill

• The Bill provides for the surveillance, inspection, operation, and maintenance of all specified dams across the country. These are dams with height more than 15 metres, or height between 10 metres to 15 metres with certain design and structural conditions.
• It constitutes two national bodies: the National Committee on Dam Safety, whose functions include evolving policies and recommending regulations regarding dam safety standards; and the National Dam Safety Authority, whose functions include implementing policies of the National Committee, providing technical assistance to State Dam Safety Organisations (SDSOs), and resolving matters between SDSOs of states or between a SDSO and any dam owner in that state.
• It also constitutes two state bodies: State Committee on Dam Safety, and State Dam Safety Organisation.  These bodies will be responsible for the surveillance, inspection, and monitoring the operation and maintenance of dams within their jurisdiction.
• Functions of the national bodies and the State Committees on Dam Safety have been provided in Schedules to the Bill.  These Schedules can be amended by a government notification. 
• An offence under the Bill can lead to imprisonment of up to two years, or a fine, or both.

Key Issues and Analysis

• The Bill applies to all specified dams in the country.  This includes dams built on both inter and intra state rivers.  As per the Constitution, states can make laws on water including water storage and water power.  However, Parliament may regulate and develop inter-state river valleys if it deems it necessary in public interest.  The question is whether Parliament has the jurisdiction to regulate dams on rivers flowing entirely within a state. 
• The functions of the National Committee on Dam Safety, the National Dam Safety Authority, and the State Committee on Dam Safety are listed in Schedules to the Bill.  These Schedules can be amended by the government through a notification.  The question is whether core functions of authorities should be amended through a notification or whether such amendments should be passed by Parliament.

4. The Occupational Safety, Health and Working Conditions Code, 2019

Ministry: 

Labour and Employment

Highlights of the Bill

• The Code seeks to regulate health and safety conditions of workers in establishments with 10 or more workers, and in all mines and docks.
• It subsumes and replaces 13 labour laws relating to safety, health and working conditions. These laws include: Factories Act, 1948; Mines Act, 1952; Dock Workers Act, 1986; Contract Labour Act, 1970; and Inter-State Migrant Workers Act, 1979.
• Establishments covered by the Code are required to register with registering officers, appointed by the central or state governments.
• Welfare facilities, working conditions and work hours for different types of establishments and workers will be prescribed by the central or state governments through rules.
• The Code sets up occupational safety boards at the national and state level to advise the central and state governments on the standards, rules, and regulations to be framed under the Code.
• The Code creates special provisions for certain classes of establishments such as factories, mines, dock workers, and constructions workers. These include separate provisions on licenses, safety regulations, and duties of employers. 

Key Issues and Analysis

• The Second National Commission on Labour (2002) had recommended consolidation and simplification of existing health and safety laws.  However, the Code continues to retain special provisions for various categories of workers such as working journalists and sales promotion employees.  The rationale for retaining such provisions is unclear.  
• The Code covers workers employed in establishments with at least 10 workers or more. It has been argued that size-based thresholds for applicability of labour laws help in reducing compliance burden for small establishments.  On the other hand, it has been argued that occupational health and safety laws should cover all workers, to protect their basic rights.
• The Code bars civil courts from hearing matters under the Code. Therefore, the only judicial recourse for a person aggrieved under the Code is to file a writ petition before the relevant High Court.  It can be argued that a bar on civil courts from hearing any matters under the Code may result in the denial of an opportunity to challenge issues before a lower court.

5. The Motor Vehicles (Amendment) Bill, 2019

Ministry: 

Road Transport and Highways

• The Motor Vehicles (Amendment) Bill, 2019 was introduced on July 15, 2019. The Bill seeks to amend the Motor Vehicles Act, 1988 to provide for road safety.  
• The Act provides for grant of licenses and permits related to motor vehicles, standards for motor vehicles, and penalties for violation of these provisions.
• Compensation for road accident victims: The central government will develop a scheme for cashless treatment of road accident victims during golden hour.  The Bill defines golden hour as the time period of up to one hour following a traumatic injury, during which the likelihood of preventing death through prompt medical care is the highest.  The central government may also make a scheme for providing interim relief to claimants seeking compensation under third party insurance.  The Bill increases the minimum compensation for hit and run cases as follows: (i) in case of death, from Rs 25,000 to two lakh rupees, and (ii) in case of grievous injury, from Rs 12,500 to Rs 50,000.
• Compulsory insurance: The Bill requires the central government to constitute a Motor Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India.  It will be utilised for: (i) treatment of persons injured in road accidents as per the golden hour scheme, (ii) compensation to representatives of a person who died in a hit and run accident, (iii) compensation to a person grievously hurt in a hit and run accident, and (iv) compensation to any other persons as prescribed by the central government.  This Fund will be credited through: (i) payment of a nature notified by the central government, (ii) a grant or loan made by the central government, (iii) balance of the Solatium Fund (existing fund under the Act to provide compensation for hit and run accidents), or (iv) any other source as prescribed the central government. 
• Good samaritans: The Bill defines a good samaritan as a person who renders emergency medical or non-medical assistance to a victim at the scene of an accident.  The assistance must have been (i) in good faith, (ii) voluntary, and (iii) without the expectation of any reward.  Such a person will not be liable for any civil or criminal action for any injury to or death of an accident victim, caused due to their negligence in providing assistance to the victim. 
• Recall of vehicles: The Bill allows the central government to order for recall of motor vehicles if a defect in the vehicle may cause damage to the environment, or the driver, or other road users.  The manufacturer of the recalled vehicle will be required to: (i) reimburse the buyers for the full cost of the vehicle, or (ii) replace the defective vehicle with another vehicle with similar or better specifications.  
• National Transportation Policy: The central government may develop a National Transportation Policy, in consultation with state governments.  The Policy will: (i) establish a planning framework for road transport, (ii) develop a framework for grant of permits, and (iii) specify priorities for the transport system, among other things. 
• Road Safety Board: The Bill provides for a National Road Safety Board, to be created by the central government through a notification.  The Board will advise the central and state governments on all aspects of road safety and traffic management including: (i) standards of motor vehicles, (ii) registration and licensing of vehicles, (iii) standards for road safety, and (iv) promotion of new vehicle technology.
• Offences and penalties: The Bill increases penalties for several offences under the Act.  For example, the maximum penalty for driving under the influence of alcohol or drugs has been increased from Rs 2,000 to Rs 10,000.  If a vehicle manufacturer fails to comply with motor vehicle standards, the penalty will be a fine of up to Rs 100 crore, or imprisonment of up to one year, or both.  If a contractor fails to comply with road design standards, the penalty will be a fine of up to one lakh rupees.  The central government may increase fines mentioned under the Act every year by up to 10%. 
• Taxi aggregators: The Bill defines aggregators as digital intermediaries or market places which can be used by passengers to connect with a driver for transportation purposes (taxi services).  These aggregators will be issued licenses by state. Further, they must comply with the Information Technology Act, 2000.

6. The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019

Ministry:

Health and Family Welfare

• The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Bill, 2019 replaces an Ordinance promulgated in September 2019.  The Bill seeks to prohibits the production, trade, storage, and advertisement of electronic cigarettes.
• Electronic cigarettes: The Bill defines electronic cigarettes (e-cigarettes) as electronic devices that heat a substance, which may contain nicotine and other chemicals, to create vapour for inhalation.  These e-cigarettes can also contain different flavours and include all forms of electronic nicotine delivery systems, heat-not-burn products, e-hookahs, and other similar devices.
• Banning of e-cigarettes: The Bill prohibits the production, manufacture, import, export, transport, sale, distribution and advertisement of e-cigarettes in India.  Any person who contravenes this provision will be punishable with imprisonment of up to one year, or a fine of up to one lakh rupees, or both.  For any subsequent offence, the person will be punishable with an imprisonment of up to three years, along with a fine of up to five lakh rupees.
• Storage of e-cigarettes: Under the Bill, no person is allowed to use any place for the storage of any stock of e-cigarettes.  If any person stores any stock of e-cigarettes, he will be punishable with an imprisonment of up to six months, or a fine of up to Rs 50,000 or both. 
• Once the Bill comes into force, the owners of existing stocks of e-cigarettes will have to declare and deposit these stocks at the nearest office of an authorised officer.  Such an authorised officer may be a police officer (at least at the level of a sub-inspector), or any other officer as notified by the central or state government.
• Powers of authorised officers: If an authorised officer believes that any provision of the Bill has been contravened, he can search any place where trade, production, storage or advertising of e-cigarettes is being undertaken.  The authorised officer can seize any record or property connected to e-cigarettes found during the search.  Further, he may take the person connected with the offence into custody.
• If the property or records found during the search cannot be seized, the authorised officer can make an order to attach such property, stocks or records.

7. The Compensatory Afforestation Fund Bill, 2015

• The Compensatory Afforestation Fund Bill, 2015 seeks to establish funds at the national and state level to receive money collected for compensatory afforestation.
• Compensatory afforestation is defined as afforestation done in lieu of the diversion of forest land for non-forest use under the Forests (Conservation) Act, 1980.
• Creation of Compensatory Afforestation Funds: The Bill seeks to establish a permanent National Compensatory Afforestation Fund under the public account of India. It also allows states to establish State Compensatory Afforestation Funds.
• The National Fund will be under the central government, and managed by a National Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
• The central government will appoint a State CAMPA in each state.
• The State CAMPA will be responsible for the management of the State Fund.
• Sources of funds: At present, an ad hoc National CAMPA and ad hoc State CAMPAs, established by government orders, receive money collected for compensatory afforestation. Once the National Fund is created, money collected by state governments which has been placed with the existing National CAMPA will be transferred to the National Fund. Other sources of funds for the National Fund will be: (i) 10% of the funds collected for compensatory afforestation by states each year; and (ii) grants-in-aid/other sums received by, and loans/borrowings taken by the National CAMPA.
• The major sources of funds for the State Fund will be: (i) unspent balances lying with existing State CAMPAs; (ii) money transferred from the National Fund to the State Funds (90% of the money transferred from the existing National CAMPA to the National Fund); (iii) money received for compensatory afforestation; and (iv) grants in-aid/other sums received by, and loans/borrowings taken by the State CAMPA.
• The balance with both funds will be non-lapsable and get interest as per a rate declared by the central government on a yearly basis.
• Utilization of funds: The money in the National Fund will be used to meet expenditure for the management of the National CAMPA, and on schemes approved by the National CAMPA.
• The money in the State Fund will be used for the following purposes: (i) site-specific schemes implemented by the state; (ii) artificial regeneration, forest management and wildlife protection; and (iii) protection and conservation activities in protected areas under the Wild Life (Protection) Act, 1972.
• If the diversion of forest land affects multiple states, the National CAMPA may order that money be transferred to one of those states.
• Composition and functions of Authorities: The National CAMPA will consist of a governing body, an executive committee, and a monitoring group, in addition to an administrative support mechanism.
• The governing body will be responsible for formulating the broad policy framework for the functioning of the National CAMPA. The executive committee will be responsible for the approval of annual plans of State CAMPAs and the formulation and implementation of schemes approved by the governing body. The monitoring group will be responsible for the monitoring and evaluation of works implemented by states and fund utilisation by the CAMPAs.
• The State CAMPA will consist of a governing body, a steering committee, and an executive committee. The governing body, chaired by the Chief Minister of the state, will be responsible for formulating the broad policy framework for the State CAMPA, within the overall framework laid out by the National CAMPA. The executive committee will be responsible for formulating the annual plan of operations, after obtaining the approval of the steering committee. The executive committee will also monitor works funded by the State Fund, and invest the surplus amounts available with the State Fund.