PYQ Relevance: Q) “The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (UPSC CSE 2022) |
Mentor’s Comment: UPSC Mains has recently focused on Environmental Issues (2020) and regional Environmental Challenges (2023).
According to the Emissions Gap Report 2024 from the United Nations Environment Programme, India has seen over 6% more greenhouse gas emissions than the previous year.
Today at the end of COP 29 in Baku (Azerbaijan), India will push for ambitious climate mitigation financing from developed nations. These two examples show that India is at a critical juncture in its environmental and public health journey.
Today’s editorial talks about the challenges around the current environmental health governance in India. This content can be used for ‘Environmental regulations and challenges’.
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Let’s learn!
Why in the News?
At the end of COP 29 in Baku (Azerbaijan), India will push for ambitious climate mitigation financing from developed nations. At the same time, India is at a critical juncture in its environmental and public health journey.
What are the current gaps in India’s environmental health regulations?
- Fragmented Regulatory Framework: Current environmental governance is divided among multiple ministries, such as the Ministryof Environment, Forest and Climate Change (MoEFCC) and the Ministry of Health and Family Welfare (MoHFW).
- This fragmentation results in a disconnect between environmental monitoring and health impact assessments, leading to ineffective responses to pollution-related health issues.
- Outdated Legislation: Many existing laws, such as the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, have not been updated to reflect current environmental challenges.
- They do not adequately address modern pollution sources or incorporate contemporary scientific understanding of environmental health risks.
- Insufficient Data Collection and Research: There is a lack of reliable, comprehensive data on the health impacts of environmental pollutants.
- While organizations like the Indian Council of Medical Research (ICMR) conduct important research, there is no centralized body to synthesize this data into actionable policies. This gap hampers effective regulation and public health interventions.
- Inadequate Enforcement Mechanisms: Although laws exist to regulate pollution, enforcement remains weak due to bureaucratic inertia, lack of resources, and sometimes political influence.
- Compliance with pollution control measures is often not monitored effectively, allowing violations to persist without consequences.
- Exemptions in New Regulations: Recent proposals, such as the Remediation of Contaminated Sites Rules, 2024, have notable exemptions that exclude certain types of contaminated sites from regulation (e.g., radioactive sites, abandoned mines).
- This can leave significant areas unaddressed in terms of cleanup and remediation efforts
How would a dedicated environmental health regulatory agency improve public health outcomes?
- Integrated Approach: The agency would combine environmental and public health oversight, ensuring that regulations address the interconnectedness of environmental factors and health outcomes.
- Enhanced Regulation and Enforcement: It would enforce stricter regulations on pollutants and ensure compliance from industries, reducing harmful exposures to air and water quality issues.
- Data Collection and Research: The agency would prioritize systematic data collection on environmental health impacts, leading to better-informed policies and timely interventions for pollution-related health issues.
- Public Awareness and Education: By educating the public about environmental health risks, the agency would empower communities to advocate for cleaner environments and healthier living conditions.
What international best practices can India adopt for an effective framework?
- Implementation of EHS Guidelines: India can utilize the World Bank Group’s EHS Guidelines, which provide comprehensive standards for managing environmental health risks across various industries.
- Framework for Environmental Public Health Functions: India can implement the EEPHF framework developed by the Pan American Health Organization (PAHO), which outlines responsibilities for health actors and governance structures necessary for effective environmental health management.
- Comprehensive Risk Management: Implementing a structured risk management framework similar to that outlined by the U.S. Environmental Protection Agency (EPA) would allow India to evaluate multiple contaminants and exposure pathways comprehensively.
- Environmental Health Incident Management: India can adopt a coordinated incident management framework like the Australia’s system, which provides mechanisms for responding to environmental health incidents effectively. This includes preparedness measures, effective communication strategies, and collaboration across government sectors to minimize impacts on public health.
Way Forward: To improve environmental health in India, there is a need for an integrated regulatory approach that updates laws, enhances enforcement, engages communities, and ensures comprehensive monitoring of pollutants.