Download The Policy and Legal Framework for Climate Change in India

The Policy and Legal
Framework for Climate
Change in India
AECEN Regional Forum, Bali
26 November 2008
By Professor Dr. Bharat H. Desai
Professor of International Law &
Jawaharlal Nehru Chair in International Environmental Law
School of International Studies
Jawaharlal Nehru University, New Delhi
E-mail: [email protected]
Policy Framework

Policy Under the Five-Year Plans

National Forest Policy, 1988

National Environment Policy, 2006

National Action Plan on Climate
Change, 2008.
Guiding
Principles of
National
Action Plan
on Climate
Change
Inclusive and
sustainable
development
strategy
Encouragement
of international
cooperation for
research, transfer
of technology and
funding
Involvement of
NGOs, local
bodies and
public-private
partnerships in
implementation
Economic growth
objective to
include action to
enhance
ecological
sustainability
Guiding
Principles
Use of market
mechanisms as
regulatory tool to
promote
sustainable
development
Technological
innovation for
both adaptation
and mitigation
Efficiency and
cost-effectiveness
in managing GHG
driving demand
Sectoral Regulatory Framework

Air Quality

Energy Conservation

Power Sector

Transport

Iron & Steel

Agriculture & Forestry

Commercial Buildings
Comparison of Sectoral GHG Regulations
Measures
Institutional
Framework
Environmental and
forest clearances,
environmental audit
CPCB, SPCB
Motor Vehicles Act,
1988,
PUC Norms
Inspection of vehicles,
Euro I and II Emission
Norms, 1999
Ministry of Urban
Development
Energy Conservation
Act, 2001
Electricity Act, 2003
Action Plan for Energy
Efficiency
Ministry of Power,
Bureau of Energy
Efficiency (BEE)
Energy
Energy policies driven
by the imperatives of
sustainable
development,
Integrated Energy
Policy,
National Hydrogen
Energy Road Map,
2006
Energy Conservation
Act, 2001
Mandatory energy
audit in nine industrial
sectors.
Ministry of New and
Renewable Energy,
National Hydrogen
Energy Board
Commercial buildings
Mission on Sustainable
Habitat in the National
Action Plan
Energy Conservation
Building Code (ECBC),
2006
Environmental Impact
Assessment (EIA)
requirements for large
buildings.
Bureau of Energy
Efficiency (BEE)
Sectors
Policies Framework
Iron and Steel
National Steel Policy,
2005
Transport Sector
National Urban
Transport Policy, 2006.
Power
National Electricity
Policy, 2005,
Legislative Framework
POSSIBLE AREAS OF IMPROVEMENT

Gaps in the Overarching Policies

Gaps in the Legal & Regulatory Framework

Need for a Comprehensive GHG Law

Need for a Comprehensive GHG Regulatory Institution

Need for More Robust Sectoral Policies

Need for Indicative Targets & Time Frames

Need for Market-Based Schemes
Gaps in the Regulatory Framework for GHG
Emissions
Framework
Present Status
Gaps
General Legal Framework
EPA, Air Act etc.
Scattered
regulations
National Environment Policy
Emphasizes on the need for
adaptation to climate change,
and
the
scope
for
incorporating
these
in
relevant programs with overriding priority of the right to
development. Inclusion of
environmental considerations
in sectoral policy making. It
emphasizes the need
to
institutionalize mechanism in
order
to
operationalize
environmental concerns at all
levels of government
Sources of the GHG emissions
in various sectors are not
given due consideration. It
completely ignores the need to
reduce GHG emissions from
its various sources scattered
all over the various sectors of
the Indian economy on the
presumption that India's
policies
for
sustainable
development results in a
relatively
GHGs
benign
growth path.
Institutional framework
CPCB, SPCB, MoEF
Specific GHG supervisory GHG
supervisory
and regulatory body
regulatory body
Dispute Settlement
CPCB, SPCB, courts
Slow and not very efficient
Sectoral regulations
Some
industry
laws
Needed Improvements
and Comprehensive and coherent
legislation
Comprehensive environment
policy on the need to reduce
GHG emissions from its
various sources scattered all
over the various sectors of the
Indian economy
and
GHG
supervisory
and
regulatory body with powers
to decide disputes
specific Does not cover all sources of Sector
specific
climate
ENFORCEMENT AND IMPLEMENTATION OF
EXISTING LEGISLATION SUPPORTING GHG
MITIGATION

Implementation of the Overarching Policies

Enforcement and Implementation of Sectoral
Regulations and Measures






Multi-sectoral
Power Sector
Energy Sector
Transport Sector
Iron and Steel Sector
Agriculture and Forestry Sector
Important Judgments of Higher Courts
Concerning Abatement of Air Pollution
S.N.
Case
Issue
Court Decision/ Direction
1.
M.C. Mehta vs. Union of Air pollution in Delhi caused by Directed
all
commercial
vehicles
India (“CNG Case”), AIR vehicular emissions violates right to operating in Delhi to switch to CNG fuel
2001 SC 1948.
life under Art. 21
mode.
2.
Union Carbide
Corporation
vs.
Union of India
(Bhopal – I),
AIR 1990 SC 273
Damages were sought on behalf of The Union Carbide Corporation was
victims of Bhopal gas leak disaster.
asked to pay a sum of U.S. Dollars 470
million in full settlement of all claims,
rights and liabilities related to and
arising out of the Bhopal gas disaster.
3.
M.C. Mehta and others
vs.
Shriram Food And Fertilizer
Industries And Union of
India
(Oleum Gas Leak Case)
AIR 1987 SC 965
Chandigarh Administration
& Others Vs. Namit Kumar
and ors. , CWP No.
7639/1995
Closure of a chlorine plant following Permitted to re-start the plant subject to
the leakage of oleum gas.
weekly inspection, periodic health checks
for the workers, recommended the setting
up of an Environmental Court.
4.
Absence of proper control of traffic Direction to issue ‘authorization stickers’
and
air pollution resulting into to be displayed on the windscreens of the
accidents
vehicles of the dignitaries permitted to
use red lights.
RECOMMENDATIONS

Monitoring, Promoting Compliance with, and Evaluating the
Enforcement of Environmental Law with Climate co-benefits

Regulatory and Market-Based Mechanisms to Encourage
Private Investment in Renewable and Clean Technologies

Controlling Non-Carbon Dioxide Greenhouse Gas Emissions