National Enviromental Policy- India : Discussion (by Swati Kwatra , Lady Irwin College)
The National Environment Policy seeks to extend the coverage, and fill in gaps that still exist, in light of present knowledge and accumulated experience. It does not displace, but builds on the earlier policies.
India also plays an important role in several significant international initiatives concerned with the environment. It is a party to the key multilateral agreements, and recognises the interdependencies among, and transboundary character of, several environmental problems. The National Environment Policy (NEP) is also intended to be a statement of India's commitment to making a positive contribution to international efforts.
Above all, NEP is a response to our national commitment to a clean environment, mandated in the Constitution in Articles 48 A and 51 A (g), strengthened by judicial interpretation of Article 21. It is recognized that maintaining a healthy environment is not the state's responsibility alone, but also that of every citizen. The National Environment Policy is intended to mainstream environmental concerns in all development activities. It briefly describes the key environmental challenges currently and prospectively facing the country, the objectives of environment policy, normative principles underlying policy action, strategic themes for intervention, broad indications of the legislative and institutional development needed to accomplish the strategic themes, and mechanisms for implementation and review.
The National Environment Policy is intended to be a guide to action:
i) in regulatory reform,
ii) programmes and projects for environmental conservation;
iii) review and enactment of legislation, by agencies of the Central, State, and Local Governments.
Objectives of the National Environment Policy
The principal Objectives of this policy are enumerated below. These Objectives
relate to current perceptions of key environmental challenges.
i. Conservation of Critical Environmental Resources:
ii. Intra-generational Equity: Livelihood Security for the Poor:
iii. Inter-generational Equity:
iv. Integration of Environmental Concerns in Economic and Social Development:
v. Efficiency in Environmental Resource Use:
vi. Environmental Governance:
vii. Enhancement of Resources for Environmental Conservation
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. These strategic interventions, besides legislation and the evolution of legal doctrines for realization of the Objectives, may be premised on a set of unambiguously stated Principles depending upon their relevance, feasibility in relation to costs, and technical and administrative aspects of their application. The following Principles, may accordingly, guide the activities of different actors in relation to this policy.
i. Human Beings are at the Centre of Sustainable Development Concerns:
ii. The Right to Development
iii. Environmental Protection is an Integral part of the Development Process
iv. The Precautionary Approach
v. Economic Efficiency
vi Entities with “Incomparable” Value
vii. Equity
viii. Legal Liability
ix. Public Trust Doctrine
x. Decentralization
xi. Integration
xii. Environmental Standard Setting
xiii. Preventive Action
xiv. Environmental Offsetting