OIDA International Journal of Sustainable Development

OIDA International Journal of Sustainable Development Volume 06 Issue 10 2013 The Journal of Ontario International Development Agency ISSN 1923-6654 (print) ISSN 1923-6662 (online) MOTIVATING CHILD DEVELOPMENT AND ERADICATION OF CHILD LABOR BY PROMPT EFFORTS BY US, SOCIETY AND GOVERNMENT OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 11-16, 2013 Nikhil Tripathi a, Sachindra Sahu b, Gaurav Chawla c , Mohit Bansal d , Prashant Yadav e a, b, c, d, e Department of Chemical Engineering, Maulana Azad National Institute of Technology, Bhopal, India. RIGHT TO POLLUTE? ; AN UNDERSTANDING ON THE IMPLICATIONS OF INTERNATIONAL CARBON TRADING MARKET OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 17-22, 2013 Soumya Chaturvedi School of Law, Christ University, Bangalore, India. GM CROPS IN INDIA: AGRICULTURAL SUSTAINABILITY AT STAKE OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 23-32, 2013 Amanpreet Kaur Department of Environment Education, Post Graduate Government College, Chandigarh, India PROPOSAL FOR EMPOWERING PANCHAYATS AND MUNICIPALITIES TO BETTER REALIZE SUSTAINABLE DEVELOPMENT WITHIN THE INDIAN MINING SECTOR OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.33-48, 2013 Rosmy Joan National Law University, Jodhpur, Rajasthan, India. EVALUATION OF FLY ASH AND OF BLACK COTTON SOIL

GROUND GRANULATED BLAST FURNACE SLAG ON CONSISTENCY LIMITS

OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.49-54, 2013 A. Maneli a, O.S . Abiola b, W.K. Kupolati c , J.M. Ndambuki d a, b, c, d Department of Civil Engineering, Faculty of Engineering & the Built Environment Tshwane University of Technology, Pretoria, South Africa. ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.55-62, 2013 Pulugurtha Sravya Sindhuri a , Narmdeshwar Singh b a, b Damodaram Sanjivyya National Law University, Vizag, Andra Pradesh, India.

OIDA International Journal of Sustainable Development Volume 06, Issue 10 2013

Ontario International Development Agency Canada

OIDA International Journal of Sustainable Development ISSN 1923 – 6654 (print) ISSN 1923 – 6662 (online)

The OIDA International Journal of Sustainable Development is a forum presenting high-quality research in both social and applied science to a broad audience of communities working in international development. The articles will appeal to social and applied scientists, both inside and outside academia, as well as non specialists. In addition, the OIDA International Journal of Sustainable Development publishes specially-commissioned feature articles and the proceedings of papers presented at its International Conference on Sustainable Development which focuses on the synthesis and integration of applied research and its application to future research agendas.

The OIDA International Journal of Sustainable Development is published at the Ontario International Development Agency, Canada. Current online one year subscriptions are priced at $23.00 for domestic subscriptions and $40.00 for foreign subscriptions. Subscriptions are renewed automatically unless timely notice of cancellation is received. Single issue can be purchased by contacting the Ontario International Development Agency. OIDA Publications, Ontario, Canada Copyright © OIDA International Development Agency All rights reserved. Printed in Canada. ISSN 1923 – 6654 (print) ISSN 1923 – 6662 (online) The OIDA International Journal of Sustainable Development is indexed in the SSRN e-library (Social Science Research Network). Back issues are also available in PDF format through online http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html Address all correspondence to: OIDA International Journal of Sustainable Development 287 Second Avenue South Sudbury, Ontario, P3B 4H6 Canada. Tel: + 1 705 561 7615 Fax: + 1 705 566 2295 e-mail: [email protected] For all photocopies and reproduction requests, contact OIDA Publications Ontario International Journal of Sustainable Development 287 Second Avenue South Sudbury, Ontario, P3B 4H6 Canada. Tel: + 1 705 561 7615 Fax: + 1 705 566 2295 e-mail: [email protected]

The opinions expressed herein are those of the respective authors and do not necessarily reflect the opinion of the Ontario International Development Agency. Cite as: OIDA-Intl-Journal-Sustainable-Dev.

OIDA International Journal of Sustainable Development ISSN 1923 – 6654 (print) ISSN 1923 – 6662 (online)

Executive Editor Henri R. Pallard Director International Centre for Interdisciplinary Research in Law (ICIRL) Professor Law and Justice Laurentian University 935, Ramsey Lake Road, Sudbury ON P3E 2C6 CANADA

Managing Editor Neville Hewage Program Director Ontario International Development Agency (OIDA) 287 Second Avenue South, Sudbury, ON P3B 4H6, CANADA International Centre for Interdisciplinary Research in Law (ICIRL) Laurentian University 935, Ramsey Lake Road, Sudbury ON P3E 2C6 CANADA

OIDA International Journal of Sustainable Development Volume 06: Issue 10

MOTIVATING CHILD DEVELOPMENT AND ERADICATION OF CHILD LABOR BY PROMPT EFFORTS BY US, SOCIETY AND GOVERNMENT OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 11-16, 2013 Nikhil Tripathi a, Sachindra Sahu b, Gaurav Chawla c , Mohit Bansal d , Prashant Yadav e a, b, c, d, e Department of Chemical Engineering, Maulana Azad National Institute of Technology, Bhopal, India. RIGHT TO POLLUTE? ; AN UNDERSTANDING ON THE IMPLICATIONS OF INTERNATIONAL CARBON TRADING MARKET OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 17-22, 2013 Soumya Chaturvedi School of Law, Christ University, Bangalore, India. GM CROPS IN INDIA: AGRICULTURAL SUSTAINABILITY AT STAKE OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 23-32, 2013 Amanpreet Kaur Department of Environment Education, Post Graduate Government College, Chandigarh, India PROPOSAL FOR EMPOWERING PANCHAYATS AND MUNICIPALITIES TO BETTER REALIZE SUSTAINABLE DEVELOPMENT WITHIN THE INDIAN MINING SECTOR OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.33-48, 2013 Rosmy Joan National Law University, Jodhpur, Rajasthan, India. EVALUATION OF FLY ASH AND GROUND GRANULATED BLAST FURNACE SLAG ON CONSISTENCY LIMITS OF BLACK COTTON SOIL OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.49-54, 2013 A. Maneli a, O.S . Abiola b, W.K. Kupolati c , J.M. Ndambuki d a, b, c, d Department of Civil Engineering, Faculty of Engineering & the Built Environment Tshwane University of Technology, Pretoria, South Africa. ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.55-62, 2013 Pulugurtha Sravya Sindhuri a , Narmdeshwar Singh b a, b Damodaram Sanjivyya National Law University, Vizag, Andra Pradesh, India. THE INDISPENSABILITY OF WOMEN SOCIAL FREEDOM FOR SUSTAINABLE DEVELOPMENT OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.63-66, 2013 Navneet Kaur Department of Community Education and Disability Studies, Panjab University, Chandigarh, India.

ENVIRONMENTAL INDUCED INTERNAL DISPLACEMENT: A NEW CHALLENGE FOR HUMAN SECURITY VIS-A-VIS INTERNAL SECURITY-A LITERATURE BASED APPRAISAL OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 67-84, 2013 Mithilesh Narayan Bhatt Faculty of Law, Raksha Shakti University, Ahmedabad- 380016, Gujarat, India. SEXUAL HARASSMENT AGAINST WOMEN IN INDIA OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 85-92, 2013 Varun Kapoor a, Kanika Dhingra b a Amity Law School, Delhi, afilliated to Guru Gobind Singh Indraprastha University, Dwarka, India. b Vivekananda Law School, Delhi, afilliated to Guru Gobind Singh Indraprastha University, Dwarka, India. MAKING EXISTING HOMES GREEN AND ENERGY EFFICIENT: CASE STUDY OF STUDIO APARTMENTS IN DELHI AND NCR OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 93-98, 2013 Anju Kakkar a a Lady Irwin College, Delhi University, Sikandra Road, New Delhi-110001, India.

MOTIVATING CHILD DEVELOPMENT AND ERADICATION OF CHILD LABOR BY PROMPT EFFORTS BY US, SOCIETY AND GOVERNMENT Nikhil Tripathi a, Sachindra Sahu b, Gaurav Chawla c , Mohit Bansal d , Prashant Yadav e a, b, c, d, e

Department Of Chemical Engineering, Maulana Azad National Institute of Technology, Bhopal, India. Corresponding author: [email protected] ©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: One of the menacing curses that our nation is facing today is child labor. Lack of economy and basic education has been monitored as a cause for majority of child labor activities. It is being generally realized that, child labor especially in hazardous occupation is one of the worst social evil and has to be eliminated at the earliest. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socioeconomic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. To eradicate child labor we have our plan which involves educating children, providing them financial support, spreading awareness among their parents, making them mandatory to go to school. Our plan aims to stop the activity of child labor completely. Our plan of action includes the eradication of child labor by taking a target area and implementation of our idea. Our idea basically involves the participation of college and university students. Since the families which are involved are mainly those having income around 50-60 rupees per day, hence they have no other alternative other than forcing each member to work, in order to satisfy their basic needs. For this our plan includes collecting donations and financial support from college, university students and common people who are interested in the upliftment of these underprivileged families. Our plan includes a policy, ‘adopt a child policy’. “According to our ‘adopt a child policy’ we collect financial assistance from volunteers who are willing to support our cause, we also include faculty members and other students to donate as per their will.” The money we assimilate, we distribute it amongst the children by helping them to buy books, daily needs, and also helping their parents by providing financial help to buy groceries and other daily need product.

Other than this we aim to spread awareness among the localities and families involved. This is also done by visiting government aided and private schools, via newspaper and media so that prohibition laws from the government are regulated. In this regard we also aim to provide other facilities to the children and their parents. It has been observed that child labor owes its existence due to lack of education at primary level. Hence our idea includes setting up of schools for primary education having well equipped facilities within every 2-3 km range. The fund for the constructing of schools need to be provide by the state or central government. The NGOs and industrialists can make an active contribution in this regard. We aim to make these children skillful by imparting professional education such as computer education. This would enable them for certain alternative employment like data feeding in certain government offices, computer designing etc. Girls can be involved in activities like designing of handicrafts, pottery making arts paintings and other artistic talents that could provide them with an alternative source of income. Hence, measures stated above if successfully implemented can play a vital role in eradication of child labor. Keywords: menacing, child labor, government, illiteracy, eradication INTRODUCTION

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ne of the menacing curses that our nation is facing today is child labor. Our society is grooved with people belonging to all social and financial classes having different ideologies and approach towards life. The root cause for child labor practice is poverty. Lack of economy and basic education has been monitored as a cause for majority of child labor activities. Due to the rise of industrialization in the mid- 18th century and mechanization of agriculture lead to the destruction

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Tripathi et al., / OIDA International Journal of Sustainable Development 06: 10 (2013)

of the family based economy in the country. Moreover the displacement of a large number of labors has just exacerbated the condition. Extreme poverty in a family makes it necessary for all the members to search for a job including the children. Initially, children were employed in cotton and jute mills and coal mines. Later, legal measures were introduced to tackle the problem and the new state wedded to the notion of social welfare assumed the responsibility of protecting the children. The problem of child labor continues to pose a challenge before the nation. Government has been taking various proactive measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. Description of our Idea To eradicate child labor we have our plan which involves educating children, providing them financial support, spreading awareness among their parents, making them mandatory to go to school. Our plan aims to stop child labor activities completely. Our team chose the target area at MACT slum near MANIT Bhopal, Madhya Pradesh. We are working for teaching the parents who are forcing their children into this vicious activity. On this small locality we have chosen 5 underprivileged children involved in activity related to child labor. We have a government primary school near the MACT slum named as MACT School. But the poor people for the sake of their basic necessities have no regrets in leaving their child for work and they don’t let them go to school. Our team members are teaching the students free of cost for the whole of our academic life at our college and this will continue even after we leave the college, as we will be handing the baton over to our juniors. This is helping the students in many ways as they have got a great affection with us and they are doing well in academics as well. But our main aim is to convince their parents to not let their children work anymore. Educating children is very important since it will help them in their overall development. We know that by just providing proper education and meeting their financial requirement can help us stop to eradicate this heinous activity of child labor. Detailed Idea behind the Solution 1) We have made a group naming it as “Motivate Child Development”. We have an initiative called “Adoption for child Welfare” under which we would collect Rs 30/- per month from interested volunteers of our college. This would not be difficult for the volunteers as they are required to deposit Rs 30/- per month (1 Rupee per day) which is not a heavy burden on them. Accordingly we are estimating around 200 volunteers. This would account to Rs 6000 per

month. Since our targeted area comprises of 5 underprivileged children. Then we would be able to provide them with monthly income of Rs 1200/-. Since we are focused on to get these children admitted into government aided private schools, thereby their education and source of income for their family go hand in hand. This would be a stupendous platform for them to receive education at the highest level with negligible financial burden on their parents. This cause will not end here and our juniors and cooperating faculty members would carry the motive further. Our program of teaching students through volunteers is open to all underprivileged students who are willing to study and don’t have opportunities to go to school. We are optimistic that other people of our college and society would be influenced by this program and cooperate with us to eradicate child labor and promote child education on an extensive scale. 2) According to the honorable Supreme Court of India all private schools and government aided minority institutions in the country will have to provide 25% reservation in admission for children from the weaker sections of society. The court said that its order would take effect immediately, but because maximum schools having completed admissions for the current academic year, poor students will be able to benefit from the judgment from the next session. Children admitted under this quota will be provided free education. Plan of Action: (a) Visiting government aided and private schools. (b) Making sure that 25% quota rule is initiated in their next academic session. (c) For the next academic year of admission we would get the forms filled for the underprivileged children. (d) Spread awareness via newspaper and media that the above law by Supreme Court is regulated. (e) Will ensure that the children in our targeted area are admitted in the government aided schools and other private institutions. 3) Last but not the least we would encourage the parents to motivate their children to go to school and must not let their children work for the sake of money. Implementation of the Solution The implementation of our initiative to curb child labor was carried forward with great zeal. We monitored several areas in Bhopal and came across that numerous children were involved in the laboring activities. Finally we focused our plan of action near the MACT slums as it would we feasible and convenient to us to monitor these areas. Also the volunteers from our college were interested to educate the children as they too find it convenient. Initially it was difficult to communicate our plan of


action to the people. They were reluctant to reveal that their children involved in labor activities. We were determined to build the rapport of trust with the people. We convinced them that we are helping their children to be educated, self-reliant and inculcate them with the knowledge of latest technologies. In the same community we talked with few children who were going to school regularly rather than working at a local shop. We asked them the possible solution for others. Of those children one child said that we should talk to the parents. He said that his mother encourages him that this is not his age to work and that he will learn to work later in his life. Hence for complete eradication of child labor awareness among parents is very important and we made our focus for the same. We told them how important education is in forming the career and personality of their children, what are the goals of government to curb this menace. Also we told them how their children are going to study at convent schools by new law from Supreme Court of India. They were highly moved by our words and many of them were ready to support us. Here we came to know about many children who want to study and their parents want them to study but still they are unable to study. It is due to poor financial condition that many families in India which are below the poverty line are forced to send their children for work and act as a helping hand in their families. As students we were motivated to help the cause and make our contribution towards the growth and development of our society. 1) We are educating the children near the MACT slums near a construction building. We have a wellorganized schedule to teach them. We have our syllabus for educating children pertaining to their ability to grasp the subjects. To maintain regularity we have instigated their parents to motivate them at their homes and on our behalf, we reward the children who have perfect attendance. 2) Satisfaction for parents – Parents were apprehensive that whether their children were misguided by us. To satisfy them we apprised them of our properly organized classes and told them that several children (other than our targets) are interested in receiving guidance from us and we are also educating them. Now this is where eradication of child labor be fulfilled because it works like a chain or web amongst children. Children often discuss their activities with their mates and other children are too motivated to study and we have observed that this link could play an important role to curb child labor. 3) Free education: This is a very susceptive topic and we were planned our initiative in this regard as following: (a) According to the honorable Supreme Court of India all private schools and government

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aided minority institutions in the country will have to provide 25% reservation in admission for children from the weaker sections of society. The court said that its order would take effect immediately but because maximum schools having completed admissions for the current academic year, poor students will be able to benefit from the judgment from the next session. Children admitted under this quota will be provided free education. (b) Now there are several children who are not aware of this law and there are several children who have slow grasping power and not ready to be admitted into the schools. Now here our plan of action should be emphasized. “According to our adopt a child policy”, the money we assimilate, we would distribute it among the children by helping them to buy books, daily needs, and also helping their parents by providing financial help to buy groceries and other daily need product. (c) Spreading awareness: many of the under privileged children and their parents are not aware of the government schemes and policies for them. When we are educating the children, we make them aware of the latest government policies, midday meal scheme and other social beneficiaries for them. We organize a visit to our target area once in a week, in which we inform the parents upon the progress of child, and that adoption of child policy would continue to provide them with financial help and the initiative would not end here, and our juniors and other helping staff members would carry the cause forward. We took five target families whose children were involved in child labor. With the help of Mr. Vijay Jadhav (Samatol foundation) we began our work for the rehabilitation of child labor with our selected target families. We met with their parents and assured them to provide financial support to educate their children on the condition that they are going to comply with our idea to abolish child labor. In the beginning the parents were reluctant to support us, saying that they have poor financial condition. Demonstrating the case of one of our target family, the child (Krishna Kumar Mishra) son of Amit Lal is involved in tea making at a tea shop, the boy failed in his class examinations and left schooling due to his weak financial condition, he was unable to buy books, pay fees, etc. This forced the boy to sell tea. Our team is giving tuition to that boy so that he could study free of cost and we helped him in purchasing books and other necessary stationery items. Now here the implementation of our idea begins .We have decided that the collection we gather we would help the child to buy his basic amenities required for his education such as books, clothing etc. Here we make it clear that the collection we gather would not be directly given to their parents as it might lead to misuse of money. We have volunteers from our

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hostels that are assisting us for the noble cause. We have framed the schedule for educating them. We teach them Basic English (introduction to alphabets, sentence making etc.), mathematics depending upon their age and ability to grasp the subject. We have convinced their parents to help their children and after certain difficulties we have been able to collect a good amount of donation from the volunteers in our college. The money is solely directed to enable the children to overcome the hardships involved in child labor and imparting them with education. Thus in the forthcoming days we would be able to execute our plan such that maximum possible underprivileged children are benefited from our scheme. Secondly we met a boy named Raj Singh Thakur who was working at a Pan shop at Mata Mandir with his father Govind Singh Thakur. His father had a meager income of around 125 rupees per day. During the time he wasn’t there on the shop he used to leave the shop totally in the hands of his son. When we asked his father, why his child is working at the shop in such an early age, he told us that, the boy used to study in a nearby school but his academic record was not good, he failed in the 5th class, after that , due to their poor financial condition . His father was wrong in his way of thinking that there should be some helping hand in his pan shop. We believed that both of them were wrong in their way of thinking so we talked to both of them in isolation, at first we talked to his father and asked that wouldn’t he like his child going to the school? He said yes, but he said that due to his financial condition he wasn’t able to send him to school. So when we told him about the benefits of education and about our plan. After listening patiently about our plan he was ready to comply with us. Next we talked to his child and told him that sitting in the pan shop wouldn’t help him achieve his aims and urged him to attend school and he agreed that he would no more be sitting in the shop. After that we started giving him regular tuition with our members. Tutors helped him to improve his academics, and it was truly beneficial too for him as he is showing good progress especially in the mathematics. Currently we teach our ten students regularly so that they could cope up with their school education. We also used to keep a keen watch on that shop that whether Raj and his father are listening to us or not. Currently he is attending his classes regularly. After this case, nearby of the previous pan shop we found another boy whose name was Golu, he was working at a tea shop. At the tea shop he used to clean the glasses and did various other cleaning works. When we asked the owner of the tea shop about his whereabouts he told us that he used to work along with his grandmother and both of them helped them in cleaning of their utensils and of the place and they used to pay Rs 150 per day for that. So we decided to talk to his grandmother regarding the

child. She told us that they belong to a poor family of Jhansi in Uttar Pradesh and his son used to work in the fields but their income was not so much and his husband also used to remain ill as a result of which she had come to Bhopal for the treatment of her husband and earn their livelihood as well she used to work with her grandson on a tea shop. We also came to know that because of living in the villages the boy was eating tobacco and all sorts of things which are not good for his health. When we asked her that why she is not sending him for basic schooling, she replied that they were not well to do and secondly she asked what they will get by education. We believed that she was wrong to some extent in her way of thinking. We made her aware about the benefits of education and told her about our plans. In the beginning she was reluctant and was not willing to listen to us but later she agreed. We also talked to the boy and he agreed as well. We also made him aware about the harmful effects of the substances he is addicted to and asked him not to eat these kinds of stuff. As it was the month of October we were not able to get him admitted in some kind of school because all of the schools were midway in their session. So we enrolled him in our plan to at least impart the basic education which he did not had. We met a child who worked at a grocery shop just outside our MANIT campus, the boy named Manoj, a boy of 13 years of age, he has never gone to a school and the boy is working at the shop from past one year at a daily wage of 70 rupees per day. When we talked to the boy, he explained that he couldn’t stop working due to his extremely poor condition and for his attachment to the owner of the shop. But since it is a night canteen hence the time of his work is from 5:00 pm to 10:00 pm, We were ready to take the boy into consideration, what we thought was that once the boy gets involved in studies he himself will stop working. Now we have enrolled the boy into a nearby school. Also since the boy is poor in studies we are giving him regular tuition at our regular place of teaching along with the other boys. The boy has made great changes and has started taking keen interest in studies. Once he starts schooling we are sure he will stop working at the shop. Another child named Afzal Ali resides at MACT slums near MANIT Bhopal is working at a cloth ironing shop at mata mandir along with his father. The boy is 12 years of age and he left schooling when he was 10. Since then he is supporting his father at the shop. We told his father about our plan and he refused to comply with us saying the boy goes to school and do not work. But when we told them that we will bear all his expenses of schooling and accessories, also we will provide free tuition to the boy. He became ready and we added the boy in our plan. This was not that difficult since his father himself could manage the shop and no parents ever want to let their child go in drain. The


boy is getting regular tuition with our team and he is a good student. Afzal has got a great affection with our team and now he himself doesn’t want to work anymore. Cost Analysis In our approach to proscribe the act of child labor, we needed a support of large number of volunteers for helping us financially. For the five targets we chose we had decided to collect one rupee per day, so as to ease ourselves and to make this job less cumbersome. We decided to collect it once in 10 days’ time. In return of that we gave them a receipt. In this way we got a sum of Rupees 6000 from 200 volunteers. Apart from this we didn’t take any financial support for our cause and we spent whatever we had for the welfare of the children. Education we provided to them was provided free of cost and this did not incur any financial burden upon us as well. Mainly we tried to include our batch mates in our plan of action because the youth is the most cooperating part of the society and they are the ones who are much more willing to eradicate child labor from our society. Our plan is sufficient enough for eradication of child labor in whole Bhopal. According to a survey of Bhopal District, Madhya Pradesh by the Ministry of Minority Affairs, Government of India, there are around 4500 child labors working in Bhopal and our plan focuses on removing these children who are working as laborers. As our initiative is basically based on involving the youths in the program, we can promote our idea to the other colleges of Bhopal for the removal of child labor, thereby improving in the conditions of children living in slums of Bhopal. We have more than 150 colleges in Bhopal so if each college takes up the responsibility of just 30 children located in their proximity then surely we can remove heinous activity of child labor in Bhopal. A college comprises of a huge number of students so each college is capable of supporting them financially as well as providing supplementary education as an aid for tuition to these children. Likewise our plan can be adopted in every nook and corner of the world where the children are involved in activities of child labor. We are not ruling out the possibility of industrialists becoming part of our scheme as they are free if they want to come forward and want to adopt a child then surely it can be of great help for the society. We are optimistic that our plan of action would be successful in coming months and then we would promote our child welfare scheme to other interested people as well. Then we can handle the donations and money in a proper organized way so that transparency is maintained and underprivileged children are most benefited.

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RESULTS AND CONCLUSION We are aware of the present scenario of child labor activities in our country. There are children in our country who are reduced to mere slaves and have been deprived of their right to education, freedom and expression. To bring about a revolution, it is very necessary to study the cause behind the child labor. As per we have seen the main causes behind child labor includes poverty, unemployment of parents, lack of awareness regarding government policies, illiteracy among parents. During our visit there was only one case where the boy himself was not interested in leaving his work and join school. The boy was an addict of eating gutkas and smoking according to the shopkeeper. He further told us that these children work for the sake of money so that they can get money to buy gutkas and cigarettes. We tried hard to add that boy to our plan and finally he agreed to join our tuition classes. His name was Golu, 13 years of age. Since we are providing free tuition, giving him books and copies he has got a close attachment with us and he has promised us he will leave all the activities involving labor. Hence in this way we feel our solution is appropriate and will surely abolish the menacing activity of child labor in our society. All we need for our proposed solution that the under privileged class who knowingly or unknowingly involved in child labor activities should come forward by themselves, so that they can participate in building India a better place to live in. Following improvements were seen in the children due to our whole hearted efforts: (a) Children addicted to unhealthy eating habits have sacrificed eating tobacco and have been attracted to our education system and are willing to do better in academics. (b) Meeting the present standard of education and hygiene has and will help them to meet the universal standard of education in this competitive world and also keeping themselves healthy. (c) Releasing the pressure from the parents by providing free education to the children and we are also optimistic that the government schools and private colleges will abide the laws of honorable supreme court so that the pressure of educating the children be released from the shoulder of the parents as far as financial support is concerned. Our plan is to support the families by providing them 1000 rupees per month and making sure that the money we provide them is not misused. Our plan of action can be promoted on a higher level such that industrialist, businessmen and social societies could also help this cause and save our society from this vicious activity of child labor. The youth of today forms the major part of the society so the major portion of the solution of the problem should be taken up by the youth itself. So what could be done is that if each college takes up this initiative

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and tries to support a given number of children after looking after them, then this problem could be solved to a very great extent and the cost involved behind this initiative wouldn’t be cumbersome as each individual can give Re1 every day. Moreover each college should inspire their students to teach these under privileged children. This can be done free of cost. This all works in a chain, as from our target areas many people are coming to us enrolling their children in our program, since they are influenced from other children who they are receiving at least a basic education and it is substantially helping their physical and mental growth and they are provided with necessary motivation, so that they can walk head to head with the educated section of the society. ACKNOWLEDGEMENT Support and help, provided by Maulana Azad National Institute of Technology (MANIT) Bhopal is sincerely acknowledged. The authors are thankful to Mr. Vijay Jadhav, Samatol Foundation for providing data regarding the issue and also helped in providing the list of needy children in the locality around our campus. The authors would also like to extend their thanks to Mr. Pushpendra Yadav, Prof. Department of Humanities, Maulana Azad National Institute of Technology Bhopal. Being the warden of our hostel he permitted us to collect funds from the volunteers. The authors would also like to thank social societies of MANIT such as Rotary International Club and Swan India i.e. Prayas without whom the work had not been a success. REFERENCES [1] Srikanth Bolla (2004) "Child Labor in India", No. p-2-4 [2] Piush Antony (2002) “Child Work in Bihar: A Leeway for Household Food Insecurity” in Nira Ramachandran and Lionel Massun (eds.) Coming to Grip With Rural Child Work, op.cited pp.223-225 [3] Jayachandran, Usha (2001) “Taking Schools to Children..Bhonga Shalas”, Economic and Political Weekly, September 1, Volume XXXVI, No. 35, p.3348.

[4] "Civil society urges PM to ban child labour". The Times of India. 2010-06-22. Retrieved 201109-20. [5] Gardiner Harris (February 25, 2013). "Children Toil in India’s Mines, Despite Legal Ban". The New York Times. Retrieved February 26, 2013. "We have very good laws in this country,” said Vandhana Kandhari, a child protection specialist at Unicef. [6] “It’s our implementation that’s the problem”."PIL on child labour". The Tribune. India. Retrieved 12 January 2012. [7] Are Indian Schools Getting Even Worse?". The Wall Street Journal. 20 January 2012. [8] Burra, Neera. "Child labour in rural areas with a special focus on migration, agriculture, mining and brick kilns". National Commission for Protection of Child Rights. Retrieved 2009-1019 [9] Constitution of India". Ministry of Law and Justice, Govt. of India. [10] "Child Labour". Labour.nic.in. Retrieved 201207-13. [11] Tom Brass (1986). "Unfree labour and capitalist restructuring in the Agrarian sector: Peru and India". Journal of Peasant Studies 14 (1). [12] "National Child Labour project". Ministry of Labour and Employment, Government of India. Retrieved 2011-09-12. ABOUT THE AUTHORS Name: Nikhil Tripathi. Mailing address: Room no. 6137 J C Bose Bhavan, MANIT Bhopal, PIN-462003 Tel: +918989162334 E-mail: [email protected] Name: Sachindra Sahu Mailing address: Room no. 6069 J C Bose Bhavan, MANIT Bhopal, PIN-462003 Tel: +918989829944 E-mail: [email protected] Name: Gaurav Chawla Mailing address: Room no. 6137 J C Bose Bhavan, MANIT Bhopal, PIN-462003 Tel: +919229774719 E-mail: [email protected]

RIGHT TO POLLUTE? ; AN UNDERSTANDING ON THE IMPLICATIONS OF INTERNATIONAL CARBON TRADING MARKET Soumya Chaturvedi School of Law, Christ University, Bangalore, India. Corresponding author: [email protected] ©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: The nature has laid down the very foundation of our being on this planet and we in this rat race to compete amongst ourselves have ignored the very existence of our natural life support. This era of industrialization has swept the green cover of our planet and turned into a land of concrete jungles producing the black fumes with the mere intention to meet the ever growing greed of the nations. In this blind folded race, citizenry of the world nations became oblivious that their greed had to be fulfilled at the cost of the very nature, which is the source of their own existence. People boorishly ignored the fact that proceeding further would be unfeasible without striking the required equilibrium between the development and the nature. The potential of a human mind to create is incontestable, the potential to destroy cannot be annulled either. The consistency in the callous annihilation by the human race seems to be the accepted norm in fulfilling the undesirable aspiration of becoming the super-powers. It was only in the late 1980s that the concept of sustainable development was recognized by the intellectuals among the world citizenry. They realized that nature is not capable of replenishing by itself considering the exponential increase in the rate at which development is taking place. One amongst the many steps taken since then to mitigate this danger of compromising our environment and promoting sustainable development is the Kyoto Protocol. This concept gave a new dimension in the understanding of sustainable development. It disclosed a manner in which the nations could proceed with the procession on their conduit of development. However this procession had an impediment. This impediment was nothing but a very clever move by the policy makers of materializing the language well understood by the callous world citizenry, the language of money. The concept brought in a unique collaboration between the means and methods in producing and serving of a financial constraint on it. The idea behind this concept cannot be negated if one says it to be one of the most

creative and unsurpassed ideas of all time to address the issue on sustainable development. This measure introduced the concept of ‘carbon credit’ which intended to serve on the issue of ever rising carbon emissions by the industries. This enormous rise in carbon concentration acted heavily on the environment. The environmentalist feared that this rise would in turn increase the temperature of the globe that shall lead to numerous undesirable consequences. This system in Kyoto Protocol binds the member countries to a ‘cap’ for the emission of carbon. It also provides for a provision of trading these caps. This technique contributed in multiple ways in dealing with the reduction agenda of carbon by the big money houses, but it did bifurcate the world nation controversially on the basis of development. How-so-ever pioneering this brainchild proved to be, the scantiness weren’t far behind. In due course of time the money-makers penetrated these loopholes in their best interest. However, these loopholes as they say are not beyond the scope of rectification. This article discusses the complex working of the concepts in the Kyoto Protocol. It also discusses the implications of the same and probable solutions to the blemishes concerning it in an international echelon. Keywords: carbon credit, emission, Kyoto Protocol, loopholes, sustainable development INTRODUCTION

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he environment has been the major contributor of the emergence of mankind on this planet. It is the very nature that has provided that forum on which the human race could grow and nurture themselves. The human minds have ever since incorporated all their intelligence in order to evolve the comportment of living. Be that the transformation in the modes of transport from horse carts or the supersonic air transport, or fans to the air conditioners, this era of entire human civilization has been the witness to the greatest creativity of the

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Chaturvedi / OIDA International Journal of Sustainable Development 06: 10 (2013)

human intelligence. But somewhere in this utilization of intelligence to meet the needs of the world citizenry, the greed within the every soul of the same humans has emerged out. This greed grew to an extent where in this rat race of emerging as the world power or leader, the deference of the Mother Nature was put to stake. In due course of time the extent of destruction grew to an exorbitant rate yet the conscience within an individual could not control it, until the beginning of 1980s. The environmentalists then expressed their great concerns towards the rising global temperature, melting of the polar caps and the harsh impact it would create on the human civilization. The seriousness of the damage that these circumstances could cause in devastating the ecosystem and the very existence of mankind was not realized. Stockholm Conference on Human Environment of 1972 was the first instance wherein the importance of environment and its connection to development and the quality of human life were addressed on a global level. It was realized by the intelligentsia of a few intellectuals there was a heavy deterioration of the human environment and natural resources and that nature is not capable of replenishing by itself considering the exponential increase in the rate at which development is taking place. A step further in this course was the World Commission on Environment and Development, also known as the Brundtland Commission. The mission of this commission was to bring in unity among the world nations to pursue the noble idea of 'sustainable development' together. The Brundtland Commission released Our Common Future, in October 1987, a document which coined, and defined the term “Sustainable Development”. Theoretically the conference contributed significantly in the protection of environment. It was in here that the concept of sustainable development was born. The human intellect realized that the human race could seek that mandate of equilibrium between the activities to meet human needs while indefinitely preserving the life support systems of the planet. A major step taken by the nations to implement the dogma of ‘sustainable development’ was the coming up of the United Nations Framework Convention on Climate Change. The objective of the treaty is to “stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”.[1] In furtherance of this convention the Kyoto Protocol contributed the most inimitable and ingenious concept that gave a new dimension in the understanding of sustainable development. It disclosed a manner in which the nations could proceed with the procession on their conduit of development. It was the mechanism of carbon credit.

CARBON CREDIT SYSTEM – AS A CONCEPT A Carbon Credit is created when the equivalent of one metric ton of carbon dioxide is prevented from entering the atmosphere.[2] Internationally known as Certified Emission Reductions, Emission Reduction Units, or Verified Emission Reductions, each carbon credit has a monetary value depending on the type and origin of the emission reduction produced.[3] This is an umbrella term for a certificate or permit that allows an organization or a country to manufacture a fixed amount of carbon emissions which can be bartered if the full fixed allowance is not fully used.[4] Oxford dictionary defines Carbon Credit as “a permit which allows a country or organization to produce a certain amount of carbon emissions and which can be traded if the full allowance is not used.”[5] The United Nations have laid down a limit or a "cap" on the participant countries on the total amount of carbon emissions that are permissible. Based on those limits the countries are prearranged with the carbon credits and the same set of countries are divided into groups. In case a country wishes to expand its carbon emission limit, they can purchase the limit of any of the participating country as long as they have not exhausted their credits. These countries or organizations can either implement changes by developing emission reduction schemes and programs within their territorial bounds or they can deploy an equivalent emissions reduction scheme in the developing world and avail the economic benefits as it requires a fraction of the cost. It is this economic benefit that acts as an incentive for the developed country to take the course of international trade in ‘carbon offsets’, which is the process by which successful carbon emissions reduction produced in one geographical location is claimed by another. The intention of the intellectually stimulated policy makers was to steer the countries to lower their greenhouse gas emissions. [6] These intellectuals played very well by collaborating the ceiling of carbon emission to the weak nerve of nations that is money. The carbon caps that are not exhausted could be traded to the countries that require more of such credits for an appreciable value which served to be a blessing to those countries that had surplus credits. Also, the countries which could not cut down on their carbon emissions were heavily penalized by having to pay for more credits. These carbon credits assign currency value to the price of polluting the atmosphere so that it can be construed as a commodity of internal cost by the money houses. The demand market across the nation will only increase and in order to survive in the market and yet earn profit, the business minds will be cautious in exhausting their carbon credit quota. This


in turn will forcefully stimulate the participating countries to incorporate alternative safer sources of energy. This was predicted to bring about a massive improvement in the global dynamics pertaining to the environment as in long run it would incorporate the ideology of sustainable development in its totality. In the USA, in order to win over the altruistic title, the major business houses such as the Ford, DuPont and IBM started incorporating means to make the most this system. There are several benefits that the participating countries enjoy. They save on their financial expenditure by implementing carbon credit reduction techniques and the Companies based in the developing countries earn an extra income from this as they benefit from the investments of the developed countries. In the broadest construction of understanding the implication of this system it can be stated that carbon credits make a positive impact on global warming because it is implemented by all countries of the world. WORKING UNDER THE KYOTO PROTOCOL The threat of climate change due to the impact of humans on the climate resulted in the nations of the world coming together to create the United Nations Framework Convention on Climate Change, the international treaty spoken of previously. In 1995 these participating world nations in order to limit the harmful greenhouse gases which cause the global change and to create a legally binding force adopted the emission reduction mechanism under Kyoto Protocol for specifically defined timeline. As per the United Nations –“The Kyoto mechanisms: (a) Stimulate sustainable development through technology transfer and investment. (b) Help countries with Kyoto commitments to meet their targets by reducing emissions or removing carbon from the atmosphere in other countries in a costeffective way. (c) Encourage the private sector and developing countries to contribute to emission reduction efforts.”[7] The first set of timeline that committed the participating countries for reduction in their carbon emissions began in 2008 and ended in 2012, and the second round began in 2013 and will end in 2020. The UNFCCC witnessed the participation of 195 countries; however the Kyoto Protocol was ratified by 191 countries among them. These countries in 2010 agreed adopting measures that would contribute on limiting the global temperature increase to below 2 degree Celsius. In order to implement these commitments the companies and organizations in these countries have adopted various environmentfriendly methodologies which are either voluntary or non-voluntary to reduce the carbon emissions. amongst these the voluntary market mostly refers to the Corporate Social Responsibility Goals, where as

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non-voluntary methodologies are those trading mechanisms under the umbrella of Kyoto Protocol which has created a mandate on the participating countries. However, a remarkable step was taken up by few countries which created there on carbon trading markets and received the appreciation of the world nations. Australia created the 'Clean Energy Regulator' and USA developed the 'Acid Rain Program’. Also, European Union Emissions Trading Schemes developed by the European Union has been declared as the largest emission trading scheme in operation. Further under the Protocol, the National Registry issues the limits which are known as 'Kyoto Units' or 'Assigned Amounts'. Within the bounds of these caps issued by the National Registry, the governmental departments or any such authority divides the quota of carbon emission between the companies and/or organizations. These organizations and companies do not exhaust the entire limit granted to them, they have the liberty to sell the balance quota to another organization or company which have either crossed their emission limits or which are likely to exceed in future. These balance quotas in the international carbon trading markets are termed as Carbon Credit Certificates. UN came up with three mechanisms governing the international carbon market that would assist the participating countries in reducing the carbon emission, namely, International Emissions Trading, Joint Implementation and Clean Development Mechanism. International Emissions Trading (IET) Article 17 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change provides for the scope of trading in the carbon emission by the parties that form a part of Annex B of the protocol. It also lays down the mandate on the Conference of Parties to negotiate and decide on the rules, guidelines, and principles or like issues relating to such international emissions trading. Another feature corresponding to this Article is that it has expressly mentioned the supplementary nature of such trading. The IET would only be supplemental to the domestic actions taken up by the Annex B countries for reduction of carbon emission and other incidental or connected commitments. Joint Implementation (JI) Joint Implementation is a mechanism which finds its scope within the bounds of Article 6 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change. Under this, the developed countries which form the part of Annex I of the Kyoto Protocol are bestowed with the liberty to work in collaboration with other Annex-I countries to earn Emission Reduction Units (EMU). These can be

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earned by sponsoring or implementing projects in a developed country which are environment friendly. A corollary to this effort is the reduction of carbon emission in consonance with their commitment towards the UNFCCC. This method not only enables the parties of such projects to earn carbon credits but also results in increasing the foreign direct investment and transferring of technologies within the nations. Clean Development Mechanism (CDM) Clean Development Mechanism was the method that caught the attention the world audience. This was the philanthropic approach to reduce the carbon emission and promote sustainable development. Under Article 12 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, a party which is committed towards the reduction of carbon emissions can sponsor a project which is environment-friendly and aims towards reduction in carbon emission. One may always ask how it is any different from Joint Implementation Projects. The difference is the very philanthropic dimension of this methodology which mandates the requirement being that such Clean Development Mechanism Projects can only be sponsored in a Non-Annex I party, which mostly comprises of developing nations. Such a project is of benevolence to not only the sponsoring developed country but also the host developing country. The sponsoring developed country earns sale-able Certified Emission Reduction (CER) Credits, whereas, the developing country, though not bound to a cap for emitting carbon under the Kyoto Protocol, is benefited with the investment of technology and foreign direct investment. Furthermore, such a project prospers the economy of the developing country in consonance with the principles that guide the very existence of sustainable development. In 2001, George W. Bush, who joined in as the President of the United State of America had rejected the Kyoto Protocol and thus USA joined in only as an observer to the 6th Conference of Parties. Subsequent to the negotiations, the final agreements to bring about a better implementation of mechanisms under the Kyoto Protocol was sought for. The participating Annex B nations agreed that there would be no ceiling on the quantitative amount that the nations could earn by implementing a Joint Implementation Project or a Clean Development Mechanism Project, provided that there is a significant effort by these Annex B countries within their territorial bounds to meet the targets as mentioned under the Kyoto Protocol. It was also agreed that credit would be granted for projects or schemes such as forest or cropland management or re-vegetation or any such projects that absorb carbon from the atmosphere.

Also, there would be no cap or limitation as to the amount of credit that these nations could earn from such Carbon Sinks projects. Apart from these there was also an agreement on establishment of 3 categories of funds in furtherance to the objective behind the establishment of UNFCCC and Kyoto Protocol. These funds aimed at providing assistance to Climate Change measures, voluntary contributions and National Adaption Programs of Action for the least developed nations. The 13th Conference of Parties which took place in Bali, Indonesia, negotiated and the further agreed on to the timeline of post 2012 framework and the period of second commitment. However, in the 18th Conference of Parties which took place in Doha, Qatar, [8] produced a document collectively termed as “The Doha Climate Gateway”. [9] Through this set of documents it was agreed that due to the lack of commitments from New Zealand, Ukraine, United States, Russia, Belarus, Japan and Canada, the scope of global carbon emissions would be of 15%. Also, the major reason behind such an amendment of having 15% as the cap was due to the fact that countries like India, Brazil and China, which is world's largest emitter of carbon, being developing country came under the purview of Non-Annex I party and thus, were not bound by the commitments or objectives of Kyoto Protocol. New Zealand’s climate minister, Tim Groser, told the Associated Press in Doha: “This excessive focus on Kyoto, Kyoto, Kyoto, Kyoto, was fine in the 1990s. But given that it covers only 15% of emissions, I’m sorry; this is not the main game.” [10] SHORT - COMINGS OF THE SYSTEM The crux of the soul to the mechanisms discussed under Kyoto Protocol to the United Nations Framework Convention on Climate Change cannot be negated if one says it to be one of the most creative and unsurpassed ideas of all time to address the issue on sustainable development. It was a remarkable approach on addressing the issue of sustainable development as pollution is inevitable and so is the hue and cry to save the nature. Through these mechanisms the citizenry at the global forum could collaborate together in mitigating the danger on the sanctity of the environment. But how-so-ever pioneering this brain-child proved to be, the scantiness to the same weren't far behind. In due course of time the money-makers penetrated these loopholes in their best interest. The working of the carbon trading system is based on the accumulating carbon credits and then selling it as carbon offsets to the voluntary initiatives or those business houses which have exceeded their emission caps. [11] However, the ground reality has been very well expressed by the big business houses by their


discontentment towards increasing the efficiency of technology and reducing the carbon emissions. Rather, these huge profit-centres choose on buying the carbon credits from other organizations. Also, it’s easier and cheaper to pollute than to innovate the production processes. However, there are a few companies that have completely brought a make-over to the existing technology and modified the same into cost-saving technology. This transformation makes them save not only on money but also helps in generation of unused carbon credits, which are then traded at huge profits. This production of excess credits serves as a motivation for the business houses to elect on purchasing them, and then on bring a technological change. As per the reports of several experts and environmentalists, the carbon emissions have to be reduced by 80% from the base year of 1990, till 2050, in order to mitigate the impact of the global temperature rise. These standards of reduction seem to be a far-off dream with the voluntary cap and trade system. The population is expected to only rise in multiple folds in the consequent years, which will further cause exponential increase in the demands which will be met at the cost of the environment. In such a scenario, it would be unrealistic to expect the reduction in the carbon emission by the business houses until the reductions are mandated through the force of law with penal sanctions and also a global effort to keep the population growth in control. The another issue that draws the concern of the critiques is whether countries that have planned on entering the second round of the Kyoto protocol should be allowed to carry over emissions credits from the first phase. There are a few countries such as Ukraine, Poland and Russia that have large surpluses of credits which were generated because of the collapsing of communism along with the industrial base. Russia and the Ukraine are thought to have billions of unsold emissions credits. André Corrêa do Lago, head of the Brazilian delegation, told the Guardian: “The second phase has to have environmental integrity, and you will not have that if countries are allowed to carry over [the credits]. The second period will be completely compromised. This is not a way to have effective reductions.” [12] Also, the second commitment which runs from 2013-2020 has witnessed a lower participation as the countries are now demanding for a new agreement at an international echelon that covers developed as well as the developing nations A major flaw that has been unanimously accepted by many experts on environmental sciences is the noninvolvement of developing nations to the legally binding commitments under the Annex B of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and thus, they are not mandated legally to reduce their carbon emissions.

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The Non-Annex I countries such as India and China have been calculated to emit 4,500 million metric tons of Carbon Di-oxide (International Energy Association, 2004) and yet they are not bound under the Kyoto Protocol to reduce the carbon emissions. This merely creates an ulterior hindrance in achieving the ultimate motive or objective behind creating the UFCCC and violates the fundamentals governing sustainable development. THE SOLUTIONS The solitary solution that can be sort for, in this era of rising concrete jungles and the cost of the green cover is to depart from the option of voluntariness. The initiative of UNFCCC is undoubtedly commendable and calls for appreciation, but considering the alarming admonishment of the current scenario, it is essential to work on the blemishes. The inception behind the emergence of carbon trading market is commendable and worth every smidgen of appreciation, however considering the goal that has been sought for and the ever increasing industrialization cover on the surface of earth, this market inadvertently creates hindrance. it is the need of the hour to understand the gravity of the situations prevailing in the current and future prospects and cease the carbon market as such provisions only motivates the aspiring business houses to further purchase credits provided their financial grasps. When there would be a mandate by a force of law on abiding by the carbon caps and strict punitive actions on violating them, it is then that the true colours behind the emergence of UNFCCC to reduce the carbon emissions which would further decipher the issue of rising global temperature would prosper. The exclusion of developing countries from the first round of commitment towards the Kyoto Protocol has been in great debate ever since it was realized that these developing countries have contributed significantly to the carbon emissions and yet they are not legally bound by the commitments under the Kyoto Protocol. Though it cannot be denied that the developing countries are travelling through the road once travelled by the developed nations and so they should also have the freedom that was once enjoyed by the developed nations in their journey of transformation of developing to developed nation. however, considering the fragile nature of the environment and the ever increasing degradation such a liberty cannot be granted to the developing nations any further as this will only delay the journey to attain stability in the environment and this delay would be at what cost is still debatable. Thus considering the prevailing circumstances it is essential to form a new agreement which comprehensively covers the carbon emissions from developed as well as developing nations. The

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exclusion of countries like India and China has been criticised by scholars, environmentalist and political thinkers. In dealing with issues of such a sensitive nature, giving advantage to one over the other will make the country on the losing end to become infuriated and develop a negative approach. It is essential to bring in the developing countries along with the developed countries within the purview of mandatory cap on carbon emission. The British Legislation made a commendable effort of codifying of the principles imbibed in the United Nations Framework Convention on Climate Change that highlighted the initiative of the United Kingdom in contributing for the action to tackle the global rise in temperature due to carbon emissions. It enforced The Climate Change Act through which a framework was developed to establish an emission reduction scheme which could be economically plausible. The Act provides for reducing the emission of carbon by 80% in 2050 from the 1990 standards and commits United Kingdom for the same. Act coined the term 'carbon budgets' which is a cap on the amount of greenhouse gases that can be emitted over a period of five years and it shall be legally binding across the United Kingdom. This legislation provides for setting up of a Committee on Climate Change and to advise to the government on matters concerning the programs incidental to the issue of climate change. Also, it calls for a National Adaptation Plan that requires the government to assess risk from climate change and develop strategy to deal with them. It is also observed that the Multi-national companies find it cheaper to buy the unused carbon credits that replace the existing technology. It is the call of the moment that such a Carbon Trading Market has to be regulated for the reason that it is the carbon emission that has to be reduced and not merely regulated. A reflection on the status of underdeveloped nation prima facie manifests that they shouldn’t be covered under the veil of limiting the carbon emission, however, considering the present equation it is essential to call for seizing the emissions from these nations. These changes cannot be postponed for tomorrow as they should have been brought to implementation long back. The only way through which we can protect our planet from the greedy hands is by implementing such efficient and effective measures and alongside spread the awareness to disregard the bizarre perception that the nature will replenish itself. REFERENCES [1] “Article 2”. The United Nations Framework Convention on Climate Change. Retrieved 201311-08.

[2] “Climate change glossary”. Carbon credit. Environment Protection Authority Victoria. Retrieved 2013-11-02 [3] “Investment Dictionary”. Carbon Credit Definition. Investopedia Inc. Retrieved 2013-1102. [4] "Carbon Credit". Collins English Dictionary Complete & Unabridged 11th Edition. Retrieved 2013-08-20 from CollinsDictionary.com [5] http://mesteducation.com/understanding-theconcept-of-carbon-credit/. Retrieved 2013-11-02 [6] "Carbon Dioxide Human-Related Sources and Sinks of Carbon Dioxide Climate Change Greenhouse Gas Emissions". U.S. EPA. 2011. Retrieved 2013-11-05. [7] http://unfccc.int/kyoto_protocol/mechanisms/ite ms/1673.php. Retrieved 2013-11-05 [8] http://unfccc.int/files/press/news_room/unfccc_i n_the_press/application/pdf/pr20112911_cop18. pdf; http://unfccc.int/meetings/doha_nov_2012/meeti ng/6815.php. Retrieved 2013-11-05 [9] Remarks by H.E. Mr. Abdullah Bin Hamad Al‐Attiyah, COP 18/CMP 8 President. United Nations Climate Change Secretariat. [10] http://m.guardian.co.tt/news/2012-12-03/newzealand-slams-kyoto-extension. [11] U.S. EPA. 2011, "Carbon Dioxide HumanRelated Sources and Sinks of Carbon Dioxide Climate Change Greenhouse Gas Emissions"; http://theglobaljournals.com/gra/file.php?val=Nz cy . Retrieved 2013-11-05 [12] http://www.theguardian.com/environment/2012/ dec/02/carbon-credits-climate-talks-brazil. Retrieved 2013-11-05 OTHER REFERENCES [1] http://harvardmagazine.com/2002/11/problemswith-the-protoc.html [2] http://sitemaker.umich.edu/section3group3/the_p rotocol_and_its_problems [3] http://www.forestecologynetwork.org/climate_ch ange/credits_%26_offsets.html [4] http://www.bizjournals.com/sacramento/news/20 13/08/08/cap-and-trade-new-carboncredits.html?page=all [5] http://lab.org.uk/carbon-credits [6] http://www.theccc.org.uk/tackling-climatechange/the-legal-landscape/global-action-onclimate-change/ ABOUT THE AUTHOR Name: Soumya Chaturvedi, 3rd year law student, pursuing BBA, LLB (Hons.) from School of Law, Christ University, Bangalore, India Mailing Address: [email protected] Contact No.: +91 7259944360

GM CROPS IN INDIA: AGRICULTURAL SUSTAINABILITY AT STAKE Amanpreet Kaur Department of Environment Education, Post Graduate Government College, Chandigarh, India Corresponding author: [email protected] ©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: Introduction of genetically modified crops (GM Crops) has been entranced in severe controversies in India. Following Bt-Cotton, BtBrinjal the first genetically modified food crop, has caused a conflict of beliefs and generated heated debates regarding its safety throughout the length and breadth of the country. The Government of India is caught between strong proponents dominated by business houses and small farming community and general public as strong opponents to the proposal. Because of the long term ecological and health issues involved, even scientific community is divided on it. Concerns regarding the release of GM Crops in environment are many. Effect on non-target species, flow into the host DNA, increased invasiveness, biosafety etc, all have affected its acceptance, research and development. On a bigger canvas, countries and continents stand divided. These divisions on contesting lines are getting stronger and stronger as the time passes by. The issue gets more polemic and complex in India as agriculture is the backbone of our economy. Government of India is ceased of compulsions and limitations, as also the potential dangers of GM crops. For such reasons, policy framework of the Ministry of Science and Technology (Department of Biotechnology) and Ministry of Environment and Forests, has enforced certain guidelines like: (a) Rules for the Manufacture, Use/Import/Export and Storage of Hazardous Micro Organisms/Genetically Engineered Organisms or Cells, 1989. (b) Revised Recombinant DNA Safety Guidelines, 1994. (c) Guidelines for Research in Transgenic Plants & Guidelines for Toxicity and Allergenicity Evaluation of Transgenic Seeds, Plants and Plant Parts, 1998. The most important enforcing agency, Genetic Engineering Appraisal Committee (GEAC) is responsible for testing the environmental and food safety of GM crops before clearing it for commercial release in the country. Further, in an effort to bring the multi-departmental and multi-ministerial control

of GM crops under one roof, Biotechnology Regulatory Authority of India (BRAI) Bill 2010 has been proposed in the Indian Parliament. But it has been slammed by many NGOs and concerned citizens for being highly partial and inequitable. The development of GM crops has raised a variety of novel legal questions, which our regulatory system fails to answer. Instead, the current regulations burden in form of time and cost, abandonment of research, as well as exploitation of farmers. It is imperative that the regulatory attitudes must change. There is an urgent need to change the fundamental underlying statute to suit the needs of current innovations/ technologies and their repercussions on the society. The inherent power of GM Crops and genetic engineering cannot be doubted. However their sustainability in the current agricultural and legal setup of the country is highly questionable. The current synthesis is an attempt to dissect the nuances of implications of GM Crop cultivation on the agricultural set up of the country in the wake of weak policy framework. The primary aim of the synthesis is to trigger thought process and underpinning research in this field. Keywords: Agriculture, Bt-cotton, Biosafety, Genetically Modified Crops, Indian Policy INTRODUCTION

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griculture is considered as mankind’s largest activity with enormous impact on environment and lives [1]. It requires more land, water and human labour than any other activity. It accounts for 24% of the gross domestic product in low-income developing countries [2]. In India, agriculture is not only most important occupation but also forms backbone of the economy. It accounts for 15.7% of the country’s gross domestic product (GDP) and provides employment to 55% of the work force [3]. Need to increase the food productivity, to feed the

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Kaur / OIDA International Journal of Sustainable Development 06: 10 (2013)

growing human population, has lead to an increase in more energy inputs like the use of pesticides, fertilizers and irrigation in agricultural sector. These increased inputs coupled with excessive use of chemicals together deplete our natural resources, harm environment and lead to various health problems. Large amount of money is then required to rectify these problems. All these factors convert into cost to the society. But in the present scenario, the agricultural yield shows little or negligible rise even after increasing the chemical inputs, as it has reached a saturation point. The scientists and governments around the world envision biotechnology as a possible solution to these impending problems. Advancements in biotechnology are used to apply the technique to modify the genetic constitution of crops by altering their genes. Out come of this process is what is known as Genetically Modified Crops (GM Crops). Their introduction at this point could steer it in either direction. On one hand, its introduction could be a boon in today’s chemically intensive dying agriculture and the entire agro ecosystem. On the other hand, it is believed that, in the agriculture system already polluted with chemicals, introduction of these crops will disturb the entire agro-ecology by polluting the gene pool.

[7]. These health risks vary with countries having different cultures, food preferences and consumption patterns as people are exposed to different intensities of health effects. Breach of natural barriers to create a GM crop is an ecological folly in itself. Such genetic modification is considered unnatural as it tampers with the genetic make-up of living beings [8]. Excessive use of Roundup Ready (Glyphosate resistant) crops has resulted in rapid spread of Glyphosate resistant weeds [9] Where as in case of Bt crops secondary pests soon emerge in the place of the target pest [10]. A recent study by researchers of University of Arizona, highlighted the increased cases of major crop pests with evolved resistance to corn and cotton genetically engineered to make their own insecticide, providing lessons for extending the usefulness of such technologies [11]. Suitability in Indian Agriculture In India, Bt cotton is the only commercially grown GM Crop. Approved for commercial cultivation in March 2002 in six states only, later it was allowed for plantation in north-western states of Punjab, Haryana and Rajasthan from 2006 onwards. Introduced by Mahyco-Monsanto Biotech (India) Limited under the brand name of Bollgard I, it contained a transgenic protein Cry1Ac, which secreted Bacillin toxin throughout the plant body making it resist the pink bollworm attack [12].

From the first commercial cultivation of GM Flavr Savr Tomato in 1993, number of crops has undergone rigorous research, lab testing, and field testing for one or more transgenics. Today, nearly 170 million hectare of global land is under GM Crops, with USA, Brazil and Argentina as the leading top three countries. Soya, maize, cotton and canola are the top four GM Crops [4]. Herbicide tolerance (HT) and Insect resistance (IR) are the two most widely transgenically induced traits, expected to decrease the pesticide usage and increase crop yields. On closer analysis, 170 million hectarage under GM Crops makes for meager 3.43% of global agricultural land, grown mostly with HT and IR traits of soybean, maize, canola and cotton.

However, following the reports of secondary pest attack in Bt Cotton fields of China and India, Bollgard II was introduced in 2006. This variety contained two transgenic proteins, Cry1Ac and Cry2Ab and provided resistance from wider category of insects. A new stacked variety Bollgard III is under research and development stage containing two IR and one HT transgenes. Today, Bt-cotton covers 9.4mha of the total 10.3 mha land under cotton in the country [13]. Since its introduction, this crop has been intertwined inn various controversies on its benefits and impacts.

Various direct and indirect potential impacts of these crops on human health, ecology and environment as whole makes them a hot topic of discussion. Apparently, their introduction has been met with resistance from various sections of the society. Adverse health effects may occur due to the new GM gene product or the GM transformation process or both[5]. In humans it may lead to emergence of new allergens in the food supply, antibiotic resistance, production of new toxins, and concentration of toxic metals. It can also lead to increased cancer risks as was reported in case of glyphosate resistant crops [6]. It leads to degradation of the nutritional food value, and many other unknown risks that may arise later

Close on the heels of Bt-Cotton controversy, Bt Brinjal, India’s first GM Food crop was approved by Genetic Engineering Appraisal Committee (GEAC), for commercial cultivation. A safety debate broke out in the country when Union Minister of Environment, Jairam Ramesh took the issue in public domain where it was strongly opposed by various sections of the society. Consequently, a moratorium was put on its release on Feb 9, 2010 and in his decision, the minister appointed six premier academies to scrutinize safety of Bt Brinjal and give a rigorous scientific opinion on GM crops. This Inter Academy report on GM Crops when released declared Bt Brinjal safe.


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Table 1: Research and Development over different GMCs in India [15] S.No. 1.

Crop Brinjal

2.

Sorghum

3.

Groundnut

4.

Potato

5.

Castor

6.

Rice

7. 8.

Tomato Sugarcane

9. 10.

Okra Corn

11.

Mustard

12.

Wheat

13.

Papaya

14. 15.

Watermelon Cabbage

Organization Indian Agricultural Research Institute (IARI), New Delhi National Research Centre for Sorghum (NRCS), Hyderabad International Crops Research Institute for Semi-Arid Crops (ICRISAT), Hyderabad Central Potato Research Institute Leaf blight disease (CPRI), Shimla Directorate of Oilseeds Research (DOR), Rajendranagar, Hyderabad IARI, New Delhi Tamil Nadu Agricultural University Mahyco, Mumbai IARI, New Delhi Sugarcane Breeding Institute, Indian Council of Agricultural Research (ICAR), Coimbatore Mahyco, Mumbai Monsanto India Pvt. Ltd. Dow Agro Sciences Syngenta Biosciences Pvt.Ltd. Delhi University National Research Centre for Plant Biotechnology, IARI National Research Centre for Plant Biotechnology, IARI Indian Institute of Horticulture Research (IIHR) Bengaluru IIHR, Bengaluru Nunhems India Pvt. Ltd

The very next day, Coalition for GM free India, highlighted malice in the above report terming it as superficial overview without any critical analysis. Later an updated report was tidied up by adding references but it was termed as scientifically invalid and socially sterile than the original one, by P.M. Bhargava, expert nominated to GEAC [14]. Release of such GM products can lead to an uproar and chaos in the society. It is thought that GM food will face strong opposition from different parts of the country as was the case of Bt Brinjal. Undeterred by the commercial acceptability and adaptability of these crops, research and development over these continues in private and public sector on full throttle. More than 20 different crops are under transgenic research for various traits in country (table 1). Some of the notable examples are discussed in table 1. Most of these crops have been under research and development stage for many years now. Controversies and contentions on the performance Bt

Trait Insect resistance Insect resistance Fungal disease resistance Leaf blight disease resistance Insect resistance Fungal diseases resistance and drought tolerance Virus disease and insect resistance Insect resistance

Insect resistance Insect resistance and Herbicide tolerance Yield increase and Drought stress tolerance Effect of mutant strains Insect resistance Insect resistance Insect resistance

Cotton, the only commercially grown GM crop, affected the release of any other new GM crop in the country. Thus, release and production of GM crops had hit a road block in the country. No crystal clear benefits from Bt cotton could be deduced even after decade of its release, instead apprehensions on its benefits and impacts increased year after year. Performance of Bt cotton varied throughout the country with varying agro-climatic an d geographic conditions. On one hand it was claimed to have abetted farmer suicides in Vidarbha district of Maharashtra while on the other lead to mealy bug infestation in Punjab. Introduction of Bt cotton has lead to emergence of new ecological and health problems. It not only lead to evolution of resistant pests but in the absence of main pest other insects also became pests to the crop. Like in case of mealy bug infestation in Punjab, in 2006 and recent white fly infestation which damaged the Bt cotton crop in the country [16]. A recent ecological study proved that evolution of secondary pests was found to be faster

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and more in India as compared to other Bt cotton growing countries. It reasoned that this was due to the absence of refuge crop required to be grown on the sides of the Bt crop [11]. Further no isolation distance is left between the Bt and non-Bt crops, which are found to be growing in adjacent fields in the country. In India, where 80% of the farmers have small to marginal landholdings, leaving isolation distance or growing refuge affects their output and is not feasible. Although Bt cotton is not a food crop but it was tagged with serious health concerns. There were reports of a chronic skin allergy among the field workers from Bathinda (Punjab). While incidents of dead cattle and sheep after grazing on harvested Bt cotton fields in Warangal district (Andhra Pradesh) in Southern India as well as from other parts of the country has been reported since 2005 [17]. Biosafety of these crops has been questioned many times in absence of any stringent biosafety evaluation. GE is an expensive technology and is in the hands of big multinational companies only. 80% of the research and development of GM Crops is held by the private groups and few by the public sector [18]. Further, these crops are developed with genetic use restriction technology (terminator technology) which makes the second generation seeds sterile so is with Bt cotton. This increases the dependence of the farmer on the technology/seed company. Now he cannot save the seeds from the last crop for next growing season, which is a common practice in India. To add to this scenario is the IPR regime, which is favorable to big biotech companies who are patenting these crops. This increases the cost of growing these crops making the whole process more input intensive. In India Bt cotton is sold at the price five times higher than the non-Bt cotton seeds. For such reasons these crops are mostly grown by small fraction of affluent farmers only. Therefore, economic benefits if any from these crops but these do not extend to all segments of the society [19]. Especially in case of GM Crops which are profitable only to large landholders who practice monoculture where as for small/marginal landholders it requires new working methods, increased demand of skilled labor, which converts into additional cost for them [20]. In India, majority of the small and marginal landholders practice mixed cropping on their land and these GM crops are complete misfit as these advocate monoculture. These crops threaten the agrobiodiversity of the country leading to homogenization of agriculture. Hence, these crops have been profitable predominantly only to its private sector developer

and large landholders further concentrating the economic power. Consequently, the gap between rich and poor widens, leading to stratification and polarization of the society. For such reasons, Government of India nearly after a decade of its commercial cultivation in the Agriculture Ministry’s Internal Advisory Report 2011, held Bt-cotton responsible for agricultural crisis and farmer suicides in the country [21]. Fragmented Indian Policy Government of India is ceased of the compulsion and limitations, as also the potential dangers of GM Crops. For such reasons, the Ministry of Science and Technology (DBT), Ministry of Environment and Forests, and Ministry of Health and Family Welfare together exercise an elaborate policy framework over GM Crops. The premier government agency, Recombinant DNA Advisory Committee (RDAC); function under DBT. This agency advises any research organization interested in GE research in the country about the developments in biotechnology at the national and international level and help them prepare suitable guidelines for safety in research and applications of GMOs [22]. The institution interested in GMO research is also required by law to constitute an Institutional Biosafety Committee (IBSC) at its organization level. This committee develops a manual of guidelines for the regulatory process on bio-engineered organisms in research, use and application in the agency to ensure environmental safety (Fig.1). Before commencing any form of research activity the research agency needs approval of Review Committee on Genetic Manipulation (RCGM) under Department of Biotechnology (DBT). It formulates Monitoring cum Evaluation Committee to monitor and review all ongoing GM research projects up to the multi location restricted field trial stage by undertaking field visits to trial sites to ensure adequate security measures. It can also issue clearance for the import of raw materials needed in GM research projects. Large scale field trials require approval of Genetic Engineering Appraisal Committee (GEAC) under MoEF. It approve activities involving large-scale use of bio-engineered organisms and recombinants in research and industrial production from an environmental safety angle as well as approve imports of bio-engineered food/feed or processed product derived thereof [23]. It has the power to take punitive actions on those found violating GM rules under EPA, 1986. Further State Biotechnology Coordination Committee (SBCC); functions under the state government where biotech research occurs. It can inspect and take punitive action in case of violations.


INSTITUTIONAL BIOSAFETY COMMITTEE IBSC (of research agency)

RECOMBINANT DNA ADVISROY COMMITTEE RDAC-(DBT)

Reviews developments in biotech Recommends safety regulations to R.A.

MONITORING CUM EVALUATION COMMITTEE (MEC) monitor expts and trials

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RESEARCH AGENCY (Govt. /private)

Monitors all ongoing biotech projects Prepares on-site emergency plans

REVIEW COMMITTEE ON GENETIC MANIPULATION (RCGM) under DBT

STATE BIOTECHNOLOGY CO-ORDINATION COMMITTEE (SBCC) under State Govt. to reviews the safety and control measures of institutions handling GMOs.

GENETIC ENGINEERING APPRAISAL COMMITTEE (GEAC) DISTRICT LEVEL COMMITTEE (DLC) under district administration to monitor safety regulations in research and production installations.

APPROVAL FOR COMMERCIAL RELEASE

Figure 1: GM Crops Regulatory Framework India [22, 23]

Regulates all research activities at field trial stage and import for research purposes,

Regulates open field trials and env. safety for commercial release

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Table 2: Legal statues governing GM Crop regulation in India S.No.

Legal Statue

Function

Lacunae

1.

The Environment (Protection) Act, 1986

Single window regulation of all kinds of pollution including genetic pollution [24] Most comprehensive set of rules on GMO regulation in the country [23]

Broad scope not specific

2.

The Manufacture, Use/Import/Export and Storage of Hazardous Microorganisms/Geneticall y Engineered Organisms or Cells Rules, 1989 Recombinant DNA safety Guidelines, 1990

MoEF

DBT

Provisions and guidelines rDNA research activities [21]

Revised Guidelines for Safety in Biotechnology, 1994

DBT

Modified draft of Recombinant DNA safety Guidelines on the basis of current scientific information[25]

5.

Revised Guidelines for Research in Transgenic Plants & Guidelines for Toxicity and Allergenicity Evaluation of Transgenic Seeds, Plants and Plant Parts, 1998

DBT

Specific guidelines for research in GM Crops [26]

No criteria for evaluation and monitoring of the research labs and field experiments, no provision for setting up of disaster management and accident preparedness plan fail to specify any monitoring mechanism of field trials and large scale trials Only guidelines on environmental risk assessment and biosafety evaluation no provisions for these to be carried out by government itself

4.

6.

National 2002

Policy,

MoA

Application of biotechnology in developing new crop varieties [27]

7.

The Protection of Plant Varieties and Farmers’ Rights Act, 2001

MoA

Guidelines for registration of a variety, duration and effect of registration as well as benefit sharing [28]

8.

Food Safety and Standards Act, 2006

MoHFW

Evaluates food safety of GM Crops [29]

9.

The Biological Diversity Act, 2002

MoEF

10.

The Traditional Knowledge (Protection and Management) Act, 2010

MoTA

Fair and equitable sharing of benefits arising out of the use of biological resources [30] Provides for protection, conservation and effective management of traditional knowledge [31]

11.

The Patents Act, 1970

DIPP

3.

Seeds

Department /Ministry MoEF

for

Comprehensive law on the intellectual property rights,

No provision for public participation, no clause on liability issues

agronomic value of a new transgenic plant evaluated over two growing seasons only Plant variety should not contain any gene/ gene sequence involving terminator technology while all GM Crops use it for patent protections fails to standardize and set up a threshold level on presence of GM ingredients in a given food to label it as GM or not weak Implementation MNCs are seen contravening its provisions regulatory in nature than restrictive, facilitates the access to the traditional knowledge at the pretext of access fees patenting regime restricts the usage and modification


streamlines the Indian Policy with the global patent regime [32]

12.

The Biotechnology Regulatory Authority of India Bill, 2010

DBT

To enhance the efficiency and effectiveness of biotechnology regulation and bring it under one roof [33]

It is the nodal agency at the state level to assess damage, if any, due to release of bio-engineered organisms and take on-site control measures. DistrictLevel Committee (DLC); functions under the district administration where biotech research occurs to monitor safety regulations in research and production installations and investigate compliance with rDNA guidelines and report violations to SBCC or GEAC. This policy framework is implemented through various laws and legislations formulated under different departments of the ministry. India’s policy on GM Crops has been under the scanner of public groups and scientists because of its weak implementation and lacunae. Although it is found to be adequate in regulating these crops but is hampered due to its multi-departmental control and bureaucratic interference. Implementation of the rules and guidelines is very weak, because of lack of skilled human resource and infrastructure. There are strict guidelines over biosafety evaluation of these crops before approval but no such independent evaluation is done by the government. Moreover, these crops once released are bound to enter our food chain one way or the other. There is also possibility of GM food and food material entering the country during imports from GM crop growing countries like USA and Canada. But none of the legislations have provisions on labeling of these products produced, sold or imported in the country. Current regulatory regime accords more power to the centre than the state governments, which has been vociferously opposed by many state governments. Most of the bigger states in India, including Bihar, Chattisgarh, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Orissa, Sikkim, Tamil Nadu and West Bengal, have refused to hold GM Crop field trials [34]. For such reasons, government has put the clearance given by Genetic Engineering Appraisal Committee (GEAC) for field trials of genetically

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of crops and seeds by farmer community, Infringement of such patents difficult to control as these crops are released in open environment and bound to pollen pollution Social issues, intergenerational equity and effect on political economy not been included, no clauses on public participation, Only advisory role to the state governments

modified rice, wheat, maize and castor on hold. Recently Supreme Court of India recommended a blanket ban on GM field trials throughout the country [35]. The development of these crops has introduced a variety of novel legal questions, which our regulatory system fails to answer. The regulation policy of the country has strong bearing on their political, economic and social set up [36]. There are number of stakeholders of this technology with varied interests and contrasting views. From government to scientists who promote this technology, to Biotech MNCs who want to earn money from it, the farmers who want to increase their yield to the common man who is unaware and wants healthy food at affordable price. As the numbers and interests of stakeholders increases, drawing a consensus on a stringent comprehensive policy becomes even more difficult. CONCLUSION Genetic Engineering is a complex science with many intricacies involved which have been overlooked by its developer. It was introduced without necessary checks and balances. In india, commercial cultivation of Bt cotton was on trial basis only. But till date no crystal clear benefits have been recorded even after a decade of its commercial release. In case of food crops a much stringent approach is required. In the overall context of the extensive and rich background of farming in India, GM Crops specifically Bt Cotton remains a minor change. It is perhaps too early to critically evaluate the impact of such a change. The direct and indirect impacts of these crops on human health, ecology and environment have not been evaluated on long term basis. Lack of legal capacity to monitor, assess and control activities involving GM Crops decreases their

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chances in developing world. These crops are not an asset to us, unless they are developed keeping in mind geographic concerns, needs, farming practices, economic background, local innovations and ecology on a whole. Consequently, GM Crops in India, do not appear to be providing the solution we are looking for. Their sustainability in Indian agroecosystem is highly questionable. These may appear sustainable in case of a specific crop or specific trait or specific area. But on long term basis, under current scenario of lack of scientific expertise, efficacy of Bt crops, societal perception and weak regulatory framework, GMCs prove to be an unsustainable option. Therefore, there is urgent need for thorough scientific analysis and logical scrutiny before adopting them and formulating a policy for posterity. In the event otherwise, we are fraught with altering evolution process and biodiversity pool. ACKNOWLEDGEMENT Author acknowledges the Department of Environment Studies, Panjab University, Chandigarh as well as current employers Post Graduate Government College, Sector-46, Chandigarh for allowing and encouraging her to work throughout the course of doctoral research. REFERENCES [1] FAO (2007). The State of Food and Agriculture. Paying Farmers for Environmental Services. UN FAO. [2] MEA (2005). Ecosystems and human well-being: synthesis. In Millennium Ecosystem Assessment (Washington, D.C., Island Press), pp.137. [3] MoA (2010). Annual Report 2009-10. Department of Agriculture and Co-operation , Ministry of Agriculture, Government of India, New Delhi,India. pp. 2-6 [4] James, C. (2012) Global Status of Commercialized Biotech/GM Crops: 2012. ISAAA Briefs No. 44. ISAAA: Ithaca, NY. [5] Cirnatu, D., Jompan, A., Sin, AI. and Zugravu, C.A. (2011) Multiple organ histopathological changes in broiler chickens fed on genetically modified organism. Romanian Journal of Morphology and Embryology 52(1Suppl):475480 [6] George, J., Prasad, S., Mahmood, Z. and Shukla, Y. (2010) Studies on glyphosate induced carcinogenicity in mouse skin. A proteomic approach. Journal of Proteomics 73:951-964. [7] Acosta, A. (2000). Transgenic foods: Promise or peril? Americas 52, pp. 14-15. [8] Kaur, A., Kohli, R.K. and Jaswal, P.S. (2012) Genetically Modified Organisms: An Indian Ethical Dilemma. Journal of Agricultural and Environmental Ethics 26(3):621-628.

[9] Antoniou, M., Habib, M.E.M., Howard, C.V., Jennings, R.C., Leifert, C., Nodari, R.O., Robinson, C.J. and Fagan, J. (2012) Teratogenic Effects of Glyphosate-Based Herbicides: Divergence of Regulatory Decisions from Scientific Evidence. Journal of Environmental and Anal Toxicology S4:006. [10] Lu, Y., Wu, K., Jiang, Y., Xia, B., Li, P., Feng, H., Wyckhuys, K.A.G. and Guo, Y. (2010) Mirid Bug Outbreaks in Multiple Crops Correlated with Wide-Scale Adoption of Bt Cotton in China Science 328 (5982):1151-1154. [11] Tabashnik, B.E., Brevault, T. and Carriere, Y. (2013) Insect resistance to Bt Crops: lessons from the first billion acres. Nature Biotechnology 31:510-521. [12] Blaise, D. and Kranthi, K.R. (2011) Cry1Ac expression in transgenic Bt cotton hybrids is influenced by soil moisture and depth. Current Science 101(6):783-786. [13] Choudhary, B. and Gaur, K. (2010) Bt Cotton in India: A Country Profile. ISAAA, Ithaca, NY, USA. http://www.isaaa.org/resources/publications/biot ech_crop_profiles/bt_cotton_in_indiaa_country_profile/download/Bt_Cotton_in_India -A_Country_Profile.pdf. [14] Jayaraman, K. (2010) Bt brinjal splits Indian cabinet. Nature Biotechnology 28:296. [15] Rao, S.R. (2011) Status of GM crops in India: research and regulatory system. Department of Biotechnology, Ministry of science and Technology, Government of India, New Delhi, India. [16] Wang, S., Just, D.R. and Anderson, P.P. (2008) Bt-cotton and Secondary pests. International Journal of Biotechnology 10:113-14. [17] Ramdas, S.R. (2010) Bt cotton and livestock: Health impacts, bio-safety concerns and the legitimacy of public scientific research institutions. Paper Presented at Natio- nal workshop on Genetically modified crops/foods & Health Impacts. Centre for Sustainable Agriculture, Doc- tors for Food & Bio-Safety, Greenpeace India and Sus- tainet. India International Centre, New Delhi. [18] Kaur, A., Jaswal, P.S. and Kohli, R.K. (2013) Genetically Modified Crops in the Courts. Environmental Policy and Law 43(1):36-40. [19] Gupta, A.K., Chandak, V. (2005). Agricultural biotechnology in India: ethics, business and politics. Int. Journal of Biotechnology, 7(1/2/3). [20] Azad, H. and Ho, P. (2010) Genetically modified and organic crops in developing countries: A review of options for food security. Biotechnology Advances 28:160-168.


[21] Chauhan C (2013) SC committee says no to GM crops for time-being. Hindustan Times. July, 22, 2013. [22] DBT (1990) Recombinant DNA safety Guidelines, 1990. Department of Biotechnology, Ministry of Science and Technology, Government of India Press, New Delhi India. [23] MoEF (1989) Rules for the Manufacture, Use/Import/Export and Storage of Hazardous Micro Organisms/Genetically Engineered Organisms or Cells, 1989. Government of India Press, New Delhi, India. [24] MoEF (1986) The Environment (Protection) Act, 1986. Government of India Press, New Delhi India. [25] DBT(1994) Revised Guidelines for Safety in Biotechnology, 1994. Department of Biotechnology, Ministry of Science and Technology, Government of India Press, New Delhi India. [26] DBT (1998) Revised Guidelines for Research in Transgenic Plants & Guidelines for Toxicity and Allergenicity Evaluation of Transgenic Seeds, Plants and Plant Parts, 1998. Department of Biotechnology, Ministry of Science and Technology, Government of India Press, New Delhi India. [27] MoA (2002) National Seeds Policy, 2002. Government of India Press, New Delhi India. [28] MoA (2001)The Protection of Plant Varieties and Farmers’ Rights Act, 2001.Government of India Press, New Delhi India. [29] MoHFW(2006) Food Safety and Standards Act, 2006. Government of India Press, New Delhi India. [30] MoEF (2002) The Biological Diversity Act, 2002. Government of India Press, New Delhi India. [31] MoTA (2010) The Traditional Knowledge (Protection and Management) Act, 2010. Government of India Press, New Delhi India. [32] DIPP (1970) The Patents Act, 1970. Department of industrial policy and promotion, Ministry of commerce and industry, Government of India Press, New Delhi India. [33] DBT (2010) The Biotechnology Regulatory Authority of India Bill, 2013. Department of Biotechnology, Ministry of Science and Technology (introduced in Lok Sabha April 22, 2013). [34] Chauhan C (2012) States say no, GM trials hit hurdle. Hindustan Times. April,13,2012. [35] Sethi, N. (2013) Government puts on hold clearances of GM crop trials. Times of India, 22 June 2013. [36] Grosko, B. (2001). Genetic Engineering and International Law: Conflict or Harmony? An Analysis of the Biosafety Protocol, GATT, and

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the WTO Sanitary and Phytosanitary Agreement. Virginia Environmental Law Journal 20(2):295327. ABOUT THE AUTHOR Name: Amanpreet Kaur Author has an experience of eight years of teaching graduate students in the field of environment sciences. Author , an active researcher, worked on the ecological and legal aspects of GM Crops in the country. Based on both qualitative and quantitative research module, the study aimed at gauging the sustainability of GM Crops in tune with ecological principles. The results of the legal research were presented in the above paper. Mailing address: Assistant Professor, Department of Environment, Post Graduate Government College, Sector-46, Chandigarh. Tel:+91-9855855444 e-mail: [email protected]

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PROPOSAL FOR EMPOWERING PANCHAYATS AND MUNICIPALITIES TO BETTER REALIZE SUSTAINABLE DEVELOPMENT WITHIN THE INDIAN MINING SECTOR Rosmy Joan National Law University, Jodhpur, Rajasthan, India. Corresponding author: [email protected] ©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: This paper is about how to realize sustainable development within the Indian mining sector. The debate over sustainable development is an ongoing one and it has wide connotations with respect to the present environmental problems particularly in the context of mining. The latest issues associated with mining in India namely the illegal mining by the legally bound ones to prevent illegal mining calls for the need to have an appropriate controlling mechanism to better achieve sustainable development. The failure in counting the sanctity of environment as part of a developmental model for economic growth in extreme conditions of poverty in developing states as well as the thought of profit over sanctity in developed states pertain to the significance of sustainable development. This paper, in four sections, analyzes the need to have a strong local governance to realize sustainable development in the mining sector. All scholars are unanimous in their opinion regarding the significance of sustainable development but they differ in what all things are to be considered to better understand the concept of sustainable development. Therefore the first part of the paper analyzes various definitions on sustainable development in order to arrive at an appropriate definition covering all necessary aspects for the better realization of sustainable development with less expense of time. In the second part, this paper analyzes the various issues associated with mining sectors across the world including South Africa, Canada, India and Indonesia and suggest that the issues associated with sustainable development are not only developmental issues but also it has some socio-economic and political facets. In order to find equilibrium where the concept of sustainable development is safe there should felt a need to have a proper governing mechanism, which is capable of addressing social,

economic, political and developmental issues simultaneously. This paper suggests the grass root level of governance by panchayats and municipalities as an effective solution to the problems associated with mining. Local governments are close to problems and actors and they hold responsibilities in relation to various sectors namely energy, water and waste infrastructure, spatial development and educational policies, which are important for creating change. The third section examines the successful examples of local governance from Indonesia, Sweden, the Netherlands and Norway. The comparative study of Sweden’s Climate Strategy for Sustainable Development; Minewater Project, Heerlen, Netherlands and Norway’s Environmental Policy for Sustainable Development substantiates the importance or primacy that should give to local governance. The author selected the particular example of Sweden’s climate strategy because Sweden’s local governments proved to be efficient beyond doubt in climate policy implementation for sustainable development. The Mine Water Project, Heerlen is became very crucial for the present study because the project proved the efficiency of municipalities in making local resources for the longterm sustainability and exists to be a good model to states for achieving sustainable development with respect to mining. A study on Norway’s sustainable development policy is very crucial to this paper, since Norway ranked first for Human Development Index worldwide. The importance given to local governments helps Norway to achieve the first position with respect to Human Development Index. The fourth section explores India’s current approach towards sustainable development in mining sector. The paper concludes that municipalities and

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Joan / OIDA International Journal of Sustainable Development 06: 10 (2013)

panchayats should be given greater power to realize sustainable development in mining sector. Keywords: Local Governance, Mining, Municipalities, Panchayats, Sustainable Development. INTRODUCTION

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he egg is good only if both yolk and white will be good [i]. The ‘egg of sustainability’ model by Prescott-Allen and Prescott-Allen (1997) characterized humans as the yolk and the ecosystem the surrounding white [ii]. Similarly for sustainability there should be equilibrium between environmental protection and developmental agendas [iii]. The debate over sustainable development is an ongoing one and it has wide connotations with respect to the present environmental problems particularly in the context of mining [iv]. The latest issues associated with mining in India namely the illegal mining by the legally bound ones to prevent illegal mining calls for the need to have an appropriate controlling mechanism to better achieve sustainable development [v]. The concept of sustainable development has become a controversial term among activists; academics and policy makers as awareness of different kinds of environmental threat have increased [vi]. Protection of nature is a prerequisite for survival of mankind since the relationship between nature and mankind is reciprocal [vii]. The failure in counting the sanctity of environment as part of a developmental model for economic growth in extreme conditions of poverty in developing states as well as the thought of profit over sanctity in developed states pertain to the significance of sustainable development [viii]. All scholars are unanimous in their opinion regarding the significance of sustainable development but they differ in what all things are to be considered to better understand the concept of sustainable development [ix]. Therefore the first part of the paper analyze various definitions on sustainable development in order to arrive at an appropriate definition covering all necessary aspects for the better realization of sustainable development with less expense of time. This paper analyzes the various issues associated with various mining sectors across the world including South Africa, Canada, India and Indonesia and suggest that the issues associated with sustainable development are not only developmental issues but also it has some socio-economic and political aspects [x]. In order to find equilibrium where the concept of sustainable development is safe there should felt a need to have a proper governing mechanism, which is capable of addressing social, economic, political and developmental issues simultaneously [xi]. This paper suggests the grass root level of governance by panchayats and

municipalities as an effective solution to the problems associated with mining [xii]. The importance of local governments in connection with the concept of sustainable development was widely recognized since the Rio Declaration and Paragraph 28 of local Agenda 21 agreed in 1992 [xiii]. Local governments are close to problems and actors and they hold responsibilities in relation to various sectors namely energy, water and waste infrastructure, spatial development and educational policies, which are important for creating change [xiv]. To substantiate the proposition the paper analyzes the successful examples from Indonesia [xv], Sweden [xvi], the Netherlands [xvii] and Norway [xviii]. MATERIALS AND METHODS Firstly this paper explores definition of sustainable development for better governance. Secondly this paper examines the obstacles to achieve sustainable development based on comparative study over mining sectors in South Africa, Canada, Bali, Goa and Karnataka. Thirdly this paper explores the need to strengthen local governance. This section then, conducts a comparative study of Sweden’s Climate Strategy for Sustainable Development; Mine Water Project, Heerlen, Netherlands and Norway’s Environmental Policy for Sustainable Development to substantiate the importance or primacy that should give to local governance. Fourthly this paper analyzes India’s current approach towards sustainable development in mining sector and finally concludes as municipalities and panchayats should be given greater power to realize sustainable development in mining sector. DEFINING SUSTAINABLE BETTER GOVERNANCE

DEVELOPMENT

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To define sustainable development is a Herculean task as sustainable development encompasses a variety of considerations, even contradictory. Sustainable development has to cover a variety of factors, while taking into account development. Therefore it is necessary to define the concept of sustainable development in connection with corporate sector to fructify the object of study. In 1987, The World Commission on Environment and Development defined sustainable development as, “development that meets the needs of the present without compromising the ability of future generations to meet their own needs” [xix]. The concept of sustainable development calls for the need to balance the ‘Right to Development’ [xx], which was a corollary of human rights, and the obligation to maintain and improve the environment [xxi]. Amartya Sen (1999) rightly pointed out that, “Development is not only the growth of GNP and therefore the issue of development, however, cannot


be separated from the frame work of human rights” [xxii]. This necessitates a sustainable policy frame work having a balance between social provision, safeguarding the environment and sound economics, described neatly as ‘people, planet, profit’ reflecting the need to take reasonable motives by considering environmental aspects [xxiii]. The concept of sustainable development has been interpreted in many ways; however, one should not forget the issues of both technology and equity [xxiv]. Sahasranaman (2009) considered sustainable development as, “The middle ground between industrialization and indiscriminate exploitation of nature” [xxv]. Ben Boer (1992) conceptualized sustainable development as, “A harmonious link between physical, economic and social aspects of environment and development” [xxvi]. Rees (1998) characterized sustainable development as, “a fully integrated approach to conservation and development by the world conservation strategy” [xxvii]. The document ‘Caring for the Earth’ defines the term sustainable development as, “improving the quality of human life while living within the carrying capacity of supporting ecosystems” [xxviii]. Tiwari (2010) argued that the Brundtland Report transformed sustainable development from an ecologically focused notion to a human-centered approach by establishing a link between social, economic and environmental issues. The environment was recognized as a fundamental element in any growth equation, rather than an obstacle to growth. Thus, sustainable development was identified with increasing earth’s support to human needs, by promoting living within the limits of nature [xxix]. Corporate Social Responsibility has been defined in many ways. For example Davis (1973) defined corporate social responsibility as, “Consideration of issues beyond the narrow economic, technical, and legal requirements of the firm” [xxx]. Salazar and Husted defined corporate social responsibility as, ‘An obligation to respond to the externalities created by market action’ [xxxi]. Hamann and Kapelus (2004) define corporate social responsibility as, “A concept whereby companies decide voluntarily to contribute to a better society and a cleaner environment” [xxxii]. All these definitions require corporations to minimize harm to the environment. However the interesting question then arises is whether corporations are willing to volunteer the obligation by themselves without any surveillance by government? The answer is probably not. Theory and practice are two different things and what usually happened was corporations have written their principles into their policy frameworks, but there was never been a check on whether these good principles are implemented. The FICCI- Ernst & Young Study surveyed sixty companies in India to understand the measures taken

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by these companies for sustainable development [xxxiii]. The study found that fifty percentages of the companies do not have a formal mechanism to assess the risks associated with sustainable development [xxxiv]. Therefore some regulatory measures are necessary. The concept of sustainability in mining sector was initially based on the economic sustainability of the companies engaged in mining activities, with the increased stress from environmentalists; this concept was intended to include the effects of mining activities on the environment. The proposition made by Joyce and Smith (2003) mirrored such a definition in the following way as “Using the economic engine by mining to build an economy that survives and is better off after the end of mining” [xxxv]. However time requires the expansion of this definition to include political, psychological, educational and social dimensions. Treurnicht (1997) define this concept as, Including social and economic progress, which the basic needs of the present are satisfied. Future generations are not compromised by the definition because each generation must use their own capacity to satisfy their needs [xxxvi]. Coetzee (2001) added to this point by arguing that, “The word ‘development’ therefore carries with it the connotation of a far change moving from worst to better, evolving from simple to complex, or advancing away from the inferior” [xxxvii]. Therefore there exists a need to equalize sustainability in mining sector with corporate social responsibility and governance at the appropriate level as part of constitutional governance to ensure sustainable development. COMPARATIVE STUDY IDENTIFYING OBSTACLES FOR THE REALIZATION OF SUSTAINABLE DEVELOPMENT Mining sectors world over are facing various problems. This section explores the various obstacles to achieve sustainable development and analyze how the authorities concerned address the specific issues. Based on this analysis, this paper suggests that India may learn from the examples given below to give more power to local governments for the realization of sustainable development. Case Study of Mining Sector in South Africa The mining sector in South Africa has characterized decades of profiteering and unchecked neglect of developmental needs of surrounding communities [xxxviii]. Most of the communities surrounding South African mines are therefore synonymous with social problems that include poverty, poor health, unemployment, adult illiteracy, poor housing, family

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disorganization, environmental issues and high influx of unaccompanied migrant labour [xxxix]. Therefore it becomes inevitable for the state of South Africa to better address the problems associated with mining sector [xl]. Recently, external forces, including globalization, the government through the Mining Charter and the Mineral and Petroleum Resources Development Act (MPRDA), and the communities have put pressure on mining organizations in South Africa to perform essential corporate duties, taking social responsibilities and work towards sustainable development in the areas that they operate [xli]. Under the South African Constitution mining is a state subject and there is no mining duty by provincial or local government [xlii]. However, the problems associated with mining largely come under provincial list and specific functions assigned with local government [xliii]. These issues will include lack of safety and health standards, high incidence of injury and diseases, lack of education of workers, problems with respect to mine downscaling and closure including environmental threats, effective disposal of wastage and so on [xliv]. In South Africa, throughout the territory there were a number of mines including small scale and large-scale mines [xlv]. This kind of distribution of mines calls for effective redresser mechanism at appropriate level of governance and there exists the need of finding sustainability in case of locally produced mineral products because the problems can only be solved by a governance mechanism which has close links with the issues. This will include giving of education to workers as well as local people regarding the use of safety measures and to avoid many kinds of diseases including AIDS. In South Africa the poor and unhygienic living conditions in connection with mines is a big issue for the local governments since they come within their authority. However the local governments cannot regulate the mining industries since mining is a state subject. In view of stabilization of state economy it is very important for South Africa to attract foreign investments. At the same time it is equally important to ensure the rights of local people to a healthy environment and the better addressing of particular problems through policy measures in order to adjust externalities [xlvi]. The people residing near to mining areas are generally poor. Therefore measures based on local needs will become very important for raising the level of local economy. Coordination of awareness programmes and education to small scale and artisanal miners is crucial for the betterment of South African economy. National level government sometimes seems to be inefficient because of the locally borne nature of the problem [xlvii]. Many mines use the services provided by municipality however municipality has no much control over

mining industry. This is a major flaw in governance with respect to mining industries in South Africa [xlviii]. Public and private ownership is characteristic feature of South African mining industry and for the working out of the principle of tripartitism and consultation as a constitutional mechanisms, the role of local governments should be respected. Case Study of Mining Sector in Canada Mining represents a large sector in Canada’s domestic and export economy [xlix]. The Canadian system of governance is based on a tripartite relationship between communities, companies and federal government [l]. Initially it was a bipartite mechanism not having any importance to local governance [li]. The problems faced by the uraniummining sector in Northern Saskatchewan, Canada lead to the appointment of Bayda Commission in 1978 [lii]. Bayda Commission suggested the incorporation of local government to the bipartite body, which made it tripartite for the better realization of sustainable development [liii]. Accepting the Bayda recommendations, for matters have impact on sustainable development the Federal Government of Canada shares power with municipal governments [liv]. Government of Canada recognizes that sustainable development is a long-term process that requires the support and contribution of industries, non-governmental organizations, other governments and citizens [lv]. Government of Canada has a Federal Sustainable Act and which states that, “The Government of Canada accepts the basic principle that sustainable development is based on an ecologically efficient use of natural resources” [lvi]. The concept of sustainable development is largely based on the precautionary principle in Canada and thereby there are less adverse impacts on environment by the act of corporations [lvii]. To act upon the principle of sustainable development the Canadian Government act in hand with various levels of governments namely provisional and territorial governments and rendered enough support to the activities by municipal governments [lviii]. To support municipal governments there is a federal fund by the Government of Canada and the fund provides for loan, grants as well as education and training services to promote sustainable development [lix]. In Canada, many remote and rural communities exclusively depend on industries for their existence [lx]. The existence of dependence caused the situation of these communities vulnerable out of the following issues namely depletion of resources, remodeling of industry, shifts in the policy changes of government or market conditions and so on [lxi]. The closure of industries would definitely affect the long-term existence of these communities [lxii]. As a solution to the problem, provincial and territorial ministers for the local government focused their


attention on the matter to strengthen local governments [lxiii]. Local governments proved to be better instruments for recovery by the rural and remote communities. Local governments play an important role as coordinator of planning for mobilization of local economy and various collaborations to better achieve sustainable development. Canada’s experience shows that the difficulties which are arise during a transition phase can be better addressed by local governments through rendering advice to the whole community, education on changes and facilitation of open process for supporting strategies [lxiv]. In Canada, the role of the government, objectives and strategies with respect to mining industries for sustainable development are governed by the Minerals and Metals Policy of the Government of Canada: Partnership for Sustainable Development framed by Government of Canada in 1996 [lxv]. The Mining Association of Canada gave prime importance to sustainable development with respect to mining [lxvi]. Again Whitehorse Mining Initiative aimed at mobilization of community benefits from mining [lxvii]. The importance given to local governance enabled the Canadian mining sector to get rid of from obstacles to sustainable development. Case Study of Mining Sector in Bali, Indonesia Local governments in Bali, Indonesia play an important role in promoting sustainable development initiatives by effectively addressing the problems associated with coral mining which is very important for the Baltese economy [lxviii]. Thus the specific case of local governments in Bali, Indonesia attracts significance to the present study. In Bali, Baltese culture has very much importance in every aspect of development [lxix]. Baltese culture has good faith in local governments and local governments hold pivotal role in development activities [lxx]. Due to the advent of tourism and the connected developmental activities like establishment of hotels, resorts caused an adverse effect on the corals [lxxi]. The destruction of corals by mining for developmental purposes is the main obstacle to sustainable development in Bali [lxxii]. By giving importance to traditional culture as well as importance attached with local governments make Bali a microcosm to the evergreen concept of sustainable development [lxxiii]. Bali’s coastline extends to 430 km and rich enough with coral reefs, mosaic of beaches, estuaries and mangroves [lxxiv]. The competition occurred in the areas of tourism, forestry, fisheries, agriculture, aquaculture and settlement resulted in severe environmental degradation. Baltese Sustainable Development Principles for finding stability with respect to coastal management and tourism recognizes the importance of local governments [lxxv]. There are a couple of

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Baltese trilogies shooting to sustainable development through local involvement like ‘Tri Hita Karana’ [lxxvi] and ‘Desa Kala Patra’ [lxxvii]. The problems associated with coral mining better resolved through local initiatives and the local involvement to reduce the adverse impact by developmental activities and local decision making on infrastructure investments structured Bali as a tool to achieve sustainable development by local governance. Case Study of Mining Sector in Goa, India The Indian state of Goa is well known for its good deposit of Iron ore [lxxviii]. India’s 60% of the Iron ore is coming from Goa [lxxix]. The continuous and illegal mining operations held in Goa leads to the severe environmental hazards like destruction of forests, flattening of hills, loss of silt from the fields, land degradation, ground and surface water pollution, accumulation of mining wastes, dust pollution and destruction of purity of beaches [lxxx]. The solution to the problems is not closing of mines but to find an equilibrium point between losses and gains, otherwise the concept of sustainable development will lose its momentum [lxxxi]. The International Development Research Centre (IDRC) Canada, conducted a study over Goan mining sector and found that, Mining is one of those activities that really connect issues relating to people, development and the environment. But its contribution- negative and positive- to health and well-being is poorly understood. More important it is not well communicated and as a result, local communities, governments and mining companies are often uncertain about their respective roles and responsibilities in mining development, and they are unable to act or participate effectively in decisions related to mining activities [lxxxii]. The workable solution given by the study conducted by the Canadian team is the active and joint participation of mining companies, local and state governments and villagers of mining areas and according to them the above formula has the potential to achieve sustainable development with respect to Goan mining sector [lxxxiii]. Unfortunately the recent mining scam in Goa reveals the truth that the officials from Centre and state actively engaged in the illegal mining on a large scale without considering the aspect of sustainable development [lxxxiv]. The firms engaged in mining in Goa are politically strong enough to avoid local detests and regional governments are handicapped to take actions on it [lxxxv]. ‘The Government of Goa arbitrarily sanctioned 135000 hectares of forest land for diversion and cut two lakh trees to illegal mining’ [lxxxvi]. The government lost 6100 crores of rupees by illegal mining [lxxxvii]. Many firms engaged in

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mining don’t have an environmental clearance certificate but they are capable enough to conduct illegal mining only because of strong political support [lxxxviii]. Recently, the State Forest Minister Filipe Nery Rodrigues said that, the given illegal mining leases are arising out of false information to the ministry [lxxxix]. The Public Accounts Committee (PAC) constituted by the Goan Assembly found that Ministry of Environment and Forest violated major criteria for Environmental Clearance (EC) in almost 50% cases [xc]. The suitable measure to check the veracity of information is to give appropriate power to local authorities [xci]. Illegal mining will definitely leads to de-promotion of the concept of sustainable development and effective governance mechanism is needed to avoid the problems associated with mining including political as well as social. Case Study of Mining Sector in Karnataka, India The Lokayukta Report by Justice Santhosh Hegde reveals the extent of illegal mining in Karnataka [xcii]. The most unwanted fact with respect to Bellary mining scam is that the persons obliged to keep the reserves safe by them engaged in illegal mining and caused destruction to the natural environment [xciii]. The mining scam resulted in a loss of 16,085 crores of rupees to the treasury between 2006 and 2010 [xciv]. It committed severe violation of the well-known principle of ‘public trust’ [xcv]. Only because of the corruption by the state officials, the democratic processes lost the faith in itself and decisions are taken without consulting the aggrieved based on a greedy mechanism to extract profit on a selfish basis [xcvi]. The corporations involved in illegal mining are politically strong to suppress the detest. This illegal mining has an adverse impact on sustainable development [xcvii]. The Hegde report points out to the functioning of a ‘Zero Risk System’ which increased the gravity of illegal mining provides that, A unique illegal method of transportation adopted in Bellary, Hospet, Sandur regions wherein the transportation of ‘zero material’ (illegally mined iron ore) has been guaranteed to reach safely to the destination. Some traders/companies/middlemen have taken this ‘job’ of transportation of ‘zero material’ to various destinations by charging ‘commission’ for rendering services taking ‘risk’. In this phenomenon, the guarantor or risker takes the guarantee for safe delivery of the iron ore without any valid transmit permits or … by using fake permits… Hence the term ‘transportation on risk’ and the person who takes guarantee ‘the risker’ is being frequently used in the sphere of illegal mining [xcviii]. As a solution to the problems associated with illegal mining in Karnataka, a proper mechanism addressing

transportation should be monitored without any delay to achieve sustainable development. STRENGTHENING LOCAL GOVERNANCE SUSTAINABLE DEVELOPMENT

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The next question that requires consideration is which level of government is most efficient? Lipschutz (2005) argues that national governments are often reluctant or unwilling to impose regulations on global firms due to their fear that such regulations will discourage domestic investment and make their economies less competitive [xcix]. Development that meets the needs of all people is the leit motif of constitutional governance [c]. Even though the gravity of environmental problems is accepted universally, there is no consensus over its exact nature, future trajectory and hence, the extent and nature of intervention required [ci]. According to Lele (1991), this lack of consensus in the corridors of science led the prescriptions [cii] to change from “sustainable yield”, that is, extracting from a resource stock at a rate below its natural growth rate, to ensuring low variation, to “sustainability as resilience”, focusing on the ability of a system to recover from shocks of external fluctuating conditions like rainfall or drought [ciii]. However the sustainability issues in mining sector is not like that of rainfall or drought. The sustainability issues in mining sector will include exploitation of the resource in inefficient manner, ineffective disposal of mining wastes, lack of measures to prevent hazards to local people, soil pollution, water pollution, air pollution, global warming and so on [civ]. Governance at appropriate level is sine qua non to better achieve sustainable development. The clash between globalization of policies on environment and decentralization of responsibilities for policy development points to the significance attached to the appropriate governance mechanisms [cv]. United Nations Development Programme (UNDP), defines governance from the angle of local governments in connection with democratization, participation and sustainability as, A framework of public management based on the rule of law, a fair and efficient system of justice, and broad popular involvement in the process of governing and being governed. This requires establishing mechanism to sustain the system, to empower and give them real ownership of the process [cvi]. According to Meadowcroft, a writer on sustainable development strategies, defined governance for sustainable development as, Process of socio-political governance oriented towards the attainment of sustainable development and encompasses public debate, political decision-


making, policy formation and implementation, and complex interactions among public authorities, private business and civil society [cvii]. Management of the city by the control of local community creates trust in the activities of local government and enables the local government to make interactions with other levels of governments and thereby they are able to avoid fragmented decisions [cviii]. To achieve sustainable development local governments are so important in making policy implementations and its proximity to people and stakeholders [cix]. Local governments are the nearby authority to people and they can encompass a wide variety of approaches to resolve various issues concentrating on particular nature of the problem [cx]. The range of authorities vested with local governments generally helped the local government to make appropriate decisions to effect changes within the vicinity of municipality [cxi]. The examples will include regulations and council decisions by local governments [cxii]. The significance of these regulations and council decisions lies in the fact that they are specific to particular sector requiring attention including energy, health, water, waste disposal, industries, citizens and so on [cxiii]. Local governments can control the specific areas by influencing their activities through licenses, municipal service delivery, investments on infrastructure, monitoring of performance through supervision, imposition of fines and so on [cxiv]. The very success of the scheme include the development at the local level itself means realization of benefits at the grass root level [cxv]. Local governments are better able to impact necessary education to local people regarding the mandates to achieve sustainable development [cxvi]. Decentralisation promotes the economic stability of regions and many municipalities proved to be efficient in formulating strategies and mechanisms to realize sustainable development [cxvii]. Comparative Study of Sweden’s Climate Strategy for Sustainable Development The case study on Sweden’s climate strategy explores the fact that local governments are effective governance machineries to achieve sustainable development. The author selected the particular example of Sweden’s climate strategy because of the following reasons: (a) It is evident from the history that Sweden has a specific environmental policy which reflecting the environmental impacts of sustainable development in its administrative set up and also in its policies [cxviii]. (b) Local investment programmes and initiatives under Local Agenda 21 play an important role in Sweden’s climate policy framework [cxix]. (c) Swedish Constitution of 1974 identifies the authority of municipalities in promotion

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of ‘common interests’ of their municipal councils [cxx]. (d) The Climate Bill, 2002 well speaks for the importance of local governments regarding implementation of climate policy [cxxi]. Sweden’s local governments proved to be efficient beyond doubt in climate policy implementation for sustainable development [cxxii]. Various issues from global level to local level call for an effective machinery for governing the problems [cxxiii]. A close look at the problems made it clear that majority of the issues born at the local level involving individual actions [cxxiv]. The locally born nature of the problem suggests local handling as an effective solution [cxxv]. In view of Messick, the transformation of international commitments into national policy and further into locally implemented measures provides, “actors with different, sometimes even contradictory, signals concerning appropriate action” [cxxvi]. According to Plattner, it is the obligation of the democratic governments to maintain reasonable claims for local and individual selfgovernment and suggests, Once democratic nation states are committed to implement globally decided climate strategy objectives and measures, strategies of domestication are called for and national governments must find ways of making lower governmental levels, as well as private firms and individuals are within their territories, take appropriate action to heed the nation’s commitments [cxxvii]. The secret behind the reduced climate impact by Sweden’s climate strategy lies in the multilevel governance pattern since in democratic nation’s local governments experience constitutionally guaranteed protection of local self-governance and people are able to make use of their rights and privileges [cxxviii]. The environmental policy framework for Sweden aimed at long-term sustainability and the policy provides for sixteen environmental quality objectives [cxxix]. The Environmental Quality Objectives provides for the long-term sustainability in the state and purity of environment with the aim of, “providing a coherent framework for environmental programmes at national, regional and local level [cxxx]. The characteristic feature of the Swedish system for environmental quality is the Environmental Objectives Council [cxxxi]. The Council is responsible for monitoring the objectives and promoting the necessary measures like consultation and cooperation inevitable for the effective functioning of the system [cxxxii]. The Council was set up by the Government of Sweden and consists of fifteen Director Generals from various agencies of central government and five experts from nongovernmental organizations working in the field of environmental protection, business sector and local

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governments [cxxxiii]. In Sweden there are twentyone county administrative boards having responsibility with respect to monitoring regional measures for ensuring environmental quality objectives [cxxxiv]. Again 290 municipalities in Sweden were given the responsibility to ensure the better performance of national policies [cxxxv]. Sweden’s effort to reduce impact over the climate has strong basis on local level action and which is an area specific, multipurpose, hierarchical and widely accepted as stable [cxxxvi]. Mobilization of resources within the local limits by the local government leads to the maximization of developmental stability and utility [cxxxvii]. Another advantage with respect to local governance of environmental issues is cost effectiveness [cxxxviii]. Local climate implementing programmes are supported by the state and municipalities were given grants to finance the environmental protection programmes [cxxxix]. Sweden’s local governments enjoy the power to implement legitimate and effective climate strategy and it is based on the cooperation and consensus among different levels of government and various interests [cxl]. The policy thereby characterized by the norm of limited command and control. The limited command and control principle was incorporated in the Climate Bill, 2003 by the Ministry of Environment as, The climate work should be integrated with society’s activities, and each and every one should assume his or her share of responsibility. This applies both to national and local authorities and to business enterprises, NGOs and individual persons. Broad participation by all agents will enhance the possibilities of reduced climate impact. Regulations and market-based instruments should be complimented by different agreements and the dialogue between government and business. The climate work conducted by NGOs should also be recognized and supported by national authorities [cxli]. Further the Goteborg Project 2050 stands as an effective example for sustainable development from the local level [cxlii]. The Goteborg Project is a research project aiming long-term sustainability in Sweden [cxliii]. The project Goteborg focused on municipal and regional planning in order to achieve a sustainable society [cxliv]. The project realized the importance of city as the key driver for sustainable development [cxlv]. The project engages with local government and people as an unavoidable factor to achieve sustainable development [cxlvi]. Swedish government views environmental, energy and climate challenges as “economic levers” and thereby provides the justification as to environmental policy integration with local initiatives [cxlvii]. The

importance given to municipal action leads to better decision-making in view of rationality as well as legitimacy [cxlviii]. Another example for the ability of municipalities to promote sustainable development is that of Finspang municipality [cxlix]. Municipality of Finspang successfully managed various issues in connection with energy sector and caused reduction in greenhouse gas emissions for sustainable development [cl]. In nutshell, the constitutional recognition of municipalities as well as the importance given to local governance for environmental protection makes the climate strategy of Sweden a grand success [cli]. Comparative Study of Mine Water Project, Heerlen, Netherlands The Mine Water Project, Heerlen is became very crucial for the present study because the project proved the efficiency of municipalities in making local resources for the long-term sustainability and exists to be a good model to states for achieving sustainable development with respect to mining [clii]. In 2005 world’s first power station on mine water was set up in Heerlen, Netherlands [cliii]. The Mine Water Project involves municipalities, research institutes and housing associations [cliv]. There were many abandoned old mines in Heerlen and they raised many severe issues including loss of identity [clv]. Due to the shift in political agenda towards new goals such as sustainable development, economy, employment and education a new system for achieving sustainable development was developed by the local government energy management coordinator Elianne Demollin-Schneiders and she received enough support from the mayor’s office, municipality of Heerlen [clvi]. Economically viable and environmentally sound local resources are structured in a creative way and found a new identity in its green energy by making a local solution for sustainable energy [clvii]. The project provides for the creation of heat and cold from mine water and generates hot water and heating in winter and cool water in summer [clviii]. By this project old abandoned mines were converted into a good source of energy and provide heating and cooling to 350 homes and businesses in the town. The system is also aiming industrial purposes [clix]. The new ‘sustainable clean energy movement’ proved that local initiatives can provide local solution for sustainable energy and the key ingredient which helps the project to win is the support of local authorities and public opinion [clx]. Local resources and expertise are used and decisions made at the local level leads to success [clxi]. Local implementation makes the project sustainable beyond the lifespan than EU programmes give them and according to Elianne Demollin-Schneiders, “Local governments


should give larger responsibility for becoming more involved” [clxii]. By Heerlen, local governments proved to be a key to long-term sustainability and provide a role model for other projects like Asturias, Spain [clxiii]. The long term sustainability offered by the Mine Water Project, Heerlen is highly significant with respect to the initiatives to achieve sustainable development since it ensures 55% carbon di oxide reduction, 60% increase in energy supply from renewable energy sources, provide good health conditions for communities living in areas with former mining activity, increased indoor air quality, making indoor climate and thermal comfort to user’s satisfaction and so on [clxiv]. Again the project is important to get properly functioning heating, ventilation and cooling (HVAC- systems) under all circumstances [clxv]. Comparative Study of Norway’s Sustainable Development Policy A study on Norway’s sustainable development policy is very crucial to this paper, since Norway ranked first for Human Development Index worldwide [clxvi]. The importance given to local governments helps Norway to achieve the first position with respect to Human Development Index [clxvii]. Ms. Marianne Krey Jacobsen who is the Higher Executive Officer, Ministry of Foreign Affairs, Norway announced the mining policy of Norway in connection with Intergovernmental Preparatory Meeting for the 19th Session of the Commission held on March 2nd, 2011 [clxviii]. As per the Statement by Ms. Marianne Krey Jacobsen, the mining policy on Norway is exclusively based on three aspects namely “corporate social responsibility, land rights and tranparancy & governance” [clxix]. There is a White Paper in Norway requesting all the companies to perform corporate social responsibilities [clxx]. Norwegian government realized the importance of local responsibility regarding environmental matters to ensure qualitative performance for national and international objectives suggesting sustainable development including people’s good health and well-being [clxxi]. In 1985, Norwegian government initiated an ‘Eco Municipality Programme’ among various municipalities for sustainable development [clxxii]. In 1987, the Government of Norway announced a new programme for ‘Environmental Protection at the Local Level’ (EPLL) [clxxiii]. Later EPLL was further elaborated in to a big project giving various authorities to local governments including delegation of power from central government to local authorities in environmental matters, appointment of environmental protection officers, formulation of first and second generation programmes on environment and natural resources giving importance to local plans and so on [clxxiv]. Among environmental protection officers, there is a

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network to ensure competence and experience and government granted NOK 700 Million to fund the programme [clxxv]. Again Norwegian government provided support to local governments through adequate funds for sustainable development measures [clxxvi]. In 2007, government has allotted NOK 10 Million to ensure sustainable development at the local level [clxxvii]. In 2009, again NOK 10 Million allotted and in 2010 a total of 930 Million NOK is spend over local government programmes for sustainable development [clxxviii]. Norwegian municipalities can also apply to the government fund for investment purposes since the Norwegian policy sounds local democracy and strong local finances for sustainable development [clxxix]. County governors allocate some funds and they are requested to give priority to sustainable development at the local level while distributing the fund [clxxx]. Norwegian government recognized the importance of local environment development programme through white paper number 58 of 1997 [clxxxi]. Later the white paper number 19 of 2003 transferred the responsibilities with respect to environmental sector to the municipalities [clxxxii]. This enabled the municipalities to perform larger power with respect to sustainability [clxxxiii]. The Fredrikstad Declaration of 1998 called the counties and municipalities to undertake the obligation to act together for sustainable development [clxxxiv]. The local authorities were given greater power under the Planning and Building Act to promote sustainable development and not to promote unnecessary development [clxxxv]. Norwegian Association of Local and Regional Authorities (KS) is a significant partner to achieve sustainable development [clxxxvi]. Ministry of Environment and KS together signed a Cooperation Agreement on Livable Communities for 2006 to 2010 intending environmental expertise at the municipal level [clxxxvii]. Under the programme, municipalities were given assistance in making a proactive mechanism for development of the environment at the community level [clxxxviii]. There is a network between various municipalities to ensure sustainable development under the programme [clxxxix]. It is a programme for green procurement and gave the freedom of making local partnerships as a local solution to the issues by the municipalities [cxc]. Municipalities are capable of addressing the environmental issues actively through various programmes like ‘Frontrunner Communities’ and ‘Eco Light house Programme’ [cxci]. Ministry of Local Government and Regional Development, Ministry of Petroleum and Energy, Ministry of Environment and National Association of Local and Regional Authorities together constituted a ‘Green Energy Community Project’ in May 2007 intending to provide help towards municipalities to enable

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making of investments for reducing greenhouse gas emissions [cxcii]. Municipalities were given the status of partners to attain the goal of sustainable development along with the central government and many responsibilities [cxciii] regarding environmental matters were also transferred to local governments [cxciv]. NonGovernmental Organizations also have a good role in promoting sustainable development at the local level along with municipalities [cxcv]. For instance the Norwegian Ideas Bank, which is a private bank promotes local and global cooperation by providing examples as to ‘how municipalities can stimulate innovation within local limits for sustainable development’ [cxcvi]? Recently there is cooperation between trade unions of municipal employees and the Norwegian Society for Nature Conservation for the promotion of environmental policy [cxcvii]. Further the Norwegian Government facilitated ‘small scale cooperative projects’ between municipalities of Norway and their counterparts in developing states for efficient coordination by Norwegian Agency for Development and Cooperation (NORAD) and the Norwegian Association of Local and Regional Authorities [cxcviii]. The importance attached with local institutions in Norway for sustainable development is founded on the principle of ‘Best Practice’ [cxcix] suggesting local solutions to the locally borne issues and enabled Norway to achieve highest Human Development Index as well as sustainability in environmental matters [cc]. INDIA’S CURRENT APPROACH The Constitution of India recognized the significance of quality environment. Article 48A reads, “The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country” [cci]. Article 51A (g) reads, “It shall be the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures” [ccii]. Further the Supreme Court of India through a plethora of decisions categorically stated that right to environment is part of right to life under Article 21 [cciii]. The 73rd and 74th Amendments to the Constitution recognize the role of panchayats and municipalities in environmental protection, however limited to those aspects specified in XIth and XIIth Schedule [cciv]. The laws governing mining is regulated by the Mines and Minerals (Regulation and Development) Act, 1957 and the Act failed to recognize the importance of local governments in resolving the issues regarding mining [ccv]. The various problems discussed earlier and the mining scams points to the inability of central and state government in effectively addressing the issues [ccvi]. Generally Courts may not be able to address the issue because of lack of awareness and the foul

play by the governments and the corporations. Therefore the best way to achieve sustainable development with respect to mining is to enable the local governments to address the issues [ccvii]. In this scenario the Parliament of India amended the Mines Act by giving some authority to the panchayats and municipalities through the new Mines (Amendment) Bill, 2011 introduced in Rajyasabha on 9th March 2011. The new Bill obliged miners to share benefits with the local people affected by mining [ccviii]. The Government requested coal companies to share around 26% of benefits with local inhabitants [ccix]. Other miners say miners of bauxite and iron ore are requested to shell out profits in proportion to the royalty paid to the government of the state [ccx]. Under the new Bill, District Level Mineral Foundation will be given the authority to collect profits from the mining corporations and to distribute the profits for the welfare of the people [ccxi]. One main aim of the Bill is to attract investment and technology within the mining sector [ccxii]. The Bill envisages scientific and sustainable mining, punishment for illegal mining, better rules and creation of special courts for addressing illegal mining issues without any delay at the state level [ccxiii]. The effectiveness is still in doubt because of lack of strong provisions [ccxiv]. CONCLUSION We are living in an age of science and development. We are given the opportunity to utilize our resources for the common benefit of humanity [ccxv]. No doubt that scientific innovation will help humanity to achieve greater heights in their lives [ccxvi]. At the same time it is the obligation of mankind to utilize available resources with adequate consideration to future needs [ccxvii]. Concept of sustainable development speaks for this obligation. There is a catena of international documents requesting sustainable practices for the development of all [ccxviii]. To internalize the international obligation effectively and to practice sustainable development this paper acknowledges the propaganda of “think globally, act locally” [ccxix]. For this propaganda what we actually required is the leadership at the national level and initiatives at the local level [ccxx]. The UK Commission beautifully enunciated this concept for Sustainable Development as, “National policy set the direction but its practical action at the local level that makes sustainable development real” [ccxxi]. The involvement of ‘local and federal’ means that the participation of the entire population including women, children, the poor and the elderly people. Overall participation of the population is essential for good decision taking [ccxxii]. The beauty of overall participation makes the local governance an important point where ‘the rubber meets the road’ [ccxxiii].


The present paper studied the concept of sustainable development and the role played by the corporations to achieve sustainable development with special reference to mining. To realize sustainable development it is necessary to build a balance between organizational and societal well being for long-term sustainability [ccxxiv]. This paper suggests local governments as important mediators between corporations and societal needs to achieve sustainable development. The reason is that of the importance attached with city as a political institution [ccxxv]. Cities arise out of the challenges faced by humanity since the inception of sociological pattern of life by mankind [ccxxvi]. Still cities are deemed to be the source of efficient solutions since they are the depositories of ideas and creativity [ccxxvii]. The first part of the paper defined sustainable development with respect to corporate social responsibility and drew a link between sustainable development and corporate social responsibility in the context of mining. The second part analyzed the problems associated with mining across the world and specifically studied mining sectors in South Africa, Canada, Bali, Goa and Karnataka and suggests that local governance can better help to achieve sustainable development. The third part provides the reasons why local governments are important than Federal government and gave evidence as to the suggestion through the specific examples of Swedish Climate Strategy, Mine Water Project of Heerlen, Netherlands and the sustainable developmental policy of Norway. The fourth part analyzed India’s current approach and in the last part this paper concludes that municipalities and panchayats should be given greater power in the regulation of mining industries to enable realization sustainable development. REFERENCES i

SeePrescott-Allen & Prescott-Allen (1997) cited by Gomer, J. V., &Stringer, L. C. (2011).Moving Towards Sustainability? An Analysis of CITES’ Conservation Policies. Environmental Policy and Governance, 21, 240-258. ii Id. iii Id. iv See generally global warming and mining, mining and governance issues. v See generally the mining issues in Karnataka, Goa. vi Das, S. (2011). Ecotourism, Sustainable Development and the Indian State.Economic and Political Weekly, 37, 60-64. vii Id. viii Id. ix See Hediger, Garmendia, Parrish, Kangas cited by Gomer & Stringer supra note 1.

x

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Srivastava, J. (2011).Norm of Sustainable Development Predicament and the Problematique. India Quarterly, 67 (2), 93110. xi Id. xii See INDIA CONST. Schedule XI and XII (powers, authority and responsibilities of Panchayats and Municipalities). xiii Holm, J. (2011).LocalClimateMitigationandEcoeffortsinHousingandConstructionasTransition Places. EnvironmentalPolicyandGovernance, 21, 183-198. xiv Id. xv See the role played by local government in Bali to resolve mining issues. xvi See the Sweden’s Climate Strategy for sustainable development. xvii See the role played by local government over Minewater Project, Heerlan, Netherlands. xviii See the role played by local government in Norway to achieve sustainable development. xix Brundtland, G. H. (1987).Our Common Future. Report of the World Commission on Environment and Development (pp. 43-44). xx Declaration on the Right to Development, 1986, art. 1. xxi Kamala Priya, P. T. (200).EnvironmentandSustainableDevelopment,Madr asLawJournal, 8, 9. xxii Sen, A. (1999). Development as Freedom. Delhi: Oxford University Press. xxiii This phrase was coined for Shell by the consultancy SustainAbility in 1994 and was widely credited to John Elkington (founder of SustainAbility). xxiv Phdungsilp, A. (2011).FuturesStudies’BackcastingMethodUse dforStrategicSustainableCityPlanning. Futures,43, 703-714. xxv Sahasranaman, P.B. (2009). OxfordHandbook of Environmental Law. Delhi: Oxford University Press. xxvi Boer, B. (1992). Implementing Sustainability. DelhiLawReview, 14, 1-33. xxvii Rees, W. E. (1998). Understanding Sustainable Development. In B. Hamm, & P. K. Muttagi (Eds.), Sustainable Development and the Future of Cities (pp. 19-20). Germany: Centre for European Studies. xxviii The World Conservation Union, United Nations Environment Programme, & World Wide Fund for Nature. (1991). Caring for Earth: A Strategy for Sustainable Living.Switzerland: Gland. xxix Tiwari, G. S. (2010).Sustainable Development as a Socio-economic Growth Strategy: Expanding Horizons of Environmental Law in India.

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Journal of Indian Law Institute, 52(3& 4), 435-452. xxx Davies, K. (1973).The Case For and Against Business Assumption of Social Responsibilities. Academy of Management Journal, 16 (2), 312-322. xxxi Crane, A., McWilliams, A., Matten, D., Moon, J., & Siegel, D. (2008). The Corporate Social Responsibility Agenda. In Andrew Crane (Ed.), TheOxfordHandbookofCorporateSocialRespo nsibility (pp. 1-6). New York, Oxford University Press Inc.See also Dunfee (corporate social responsibility as discretionary spending in furtherance of an explicit measurable social objective consistent with relevant social norms and laws), Marens (corporate social responsibility as a normative exercise in setting out what corporations should be responsible for in society, or even an ideological exercise in describing how the political economy of society should be organized to restrain corporate power). xxxii Hamann, R.& Kapelus, P. (2004).Corporate Social Responsibility in Mining in Southern Africa: Fair Accountability or Just Greenwash?Development, 47, 85-92. xxxiii Sustainability is a Challenge for Corporates. (2011, November 12).Business Line, pp. 21. xxxiv Id. xxxv Joyce, S. A.,& Smith, M. E., (2003) Sustainable Development & Mining: not necessarily an oxymoron, Business for Social Responsibility, cited by Cronje, F., &Chenga, C.Sustainable Development in the South African Mining Sector. Retrieved fromhttp://www.engagingcommunities2005.or g/abstracts/Cronje-Freek-final.pdf xxxvi Treurnicht, S., (1997). From Modernisation To Sustainable Development. In Swanepoel, H., & Beer, F. D. (Eds.), Introduction to Development Studies (pp. 17-41). Johannesburg: International Thomson. xxxvii Coetzee, J. K., (2001).A micro-foundation for development thinking. In Coetzee, J. K., Graaff, J., Hendricks, F., & Wood, G. (Eds.), Development: Theory, Policy and Practice (pp. 118-139). Cape Town: Oxford University Press. xxxviii See generallyMining in South Africa (http://esnet.oneworld.net/sections/mining-insouth-africa/); Binns, T. &Nel, E. (2003).The Village in a Game Park: Local Response to the Demise of Coal Mining in KwaZulu- Natal, South Africa. Economic Geography,79 (1), 41-66. xxxix Id.

xl

Id. Minerals and Mining Policy for South Africa (http://www.info.gov.za/greenpapers/1998/green2~1. htm). xlii S. AFR. CONST., 1996, S. 152(1). xliii S. AFR. CONST., 1996, See Schedule 4 and 5. xliv Eweje, G. (2005).Hazardous Employment and Regulatory Regimes in the South African Mining Industry: Arguments for Corporate Ethics at Workplace, Journal of Business Ethics, 56 (2). xlv Mogotsi, L.Challenges Facing the South African Gold Mining Industry. xlvi Id. xlvii Local governments are more close to people and can better tailor actions for the advancement of people residing within their authority through consultation of the people. See Galarraga, I. (2011).The Role of Regional Governments in Climate Change Policy. Environmental Policy and Governance,21, 164-182. xlviii Id. xlix Hipwell, W. (2002).Aboriginal Peoples and Mining in Canada: Consultation, Participation and Prospects for Change. l World Bank & International Finance Corporation. (2002). Large Mines and Local Communities: Forging Partnerships, Building Sustainability. Retrieved from the World Bank Website:http://www.siteresources.worldbank. org/..../largemineslocalcommunities.pdf. li Id. lii Id. liii Id. liv Planning for a Sustainable Future: A Federal Sustainable Development Strategy for Canada 2010 (http://www.ec.gc.ca/ddsd/default.asp?lang=En&n=06E31414-1). lv Id. lvi Id. lvii Id. lviii Id. lix Id. lx Provincial & Territorial Departments Responsible for Local Governments, Resiliency and Recovery Project Committee. (2005).Facing the Challenge of Industry Closure: Managing Transition in Rural Communities. Retrieved from http://www.muniscope.ca/_files/file.phpfileid =fileafobOUeYJw. lxi Id. lxii Id. lxiii See the Resiliency and Recovery Project, 2003. lxiv See Portz (1990). xli


lxv

Hilson, G. (2000).Sustainable Development Policies in Canada’s Mining Sector: An Overview of Government and Industry Efforts. Environmental Science and Policy, 3, 201-211. lxvi Solomon, F. (1999).Zen and the Art of Stakeholder Involvement Retrieved from http://www.minerals.csiro.au/sd/CSIRO paper stakeholder involvement.pdf. lxvii Whitehorse Mining Initiative 1994(http://www.nrcan.gc.ca/sites/www.nrcan .gc.ca.minerals-metals/files/pdf/mmssmm/poli-poli/pdf/wor-tra-eng.pdf). lxviii Knight, D. (1997).Bali: Sustainable Development, Tourism and Coastal Management. Ambio,26 (2),90-96. lxix Id. lxx Id. lxxi Id. lxxii Mitchell, B. (1994).Sustainable Development at the Village Level in Bali, Indonesia.Human Ecology, 22 (2), 189-211. lxxiii Id. lxxiv Id. lxxv Id. lxxvi Harmony among people, God and environment. lxxvii Harmony among time, place and condition. lxxviii Mining in Goa (http://goaenvis.nic.in/mining.htm). lxxix Id. lxxx Id. lxxxi Mining in Goa(http://www.cseindia.org/node/386). lxxxii Noronha, L.Tracking Health and Well Being in Goa’s Mining Belt New Tools Promote the Sustainable Development of Mining. Retrieved from IDRC website http://www.idrc.ca/ecohealth lxxxiii Id. lxxxiv Mukhopadhyay, P. &Kaderodi, G. K. (2011).Missing the Woods for the Ore: Goa’s Development Myopia. Economic and Political Weekly,46, 61-67. lxxxv Goa Chief Minister Digambar Kamat’s Role in Mining Scam Questioned (http://indiatoday.intoday.in/story/goadigambar-kamat-fingered-miningscam/1/153879 htm). lxxxvi Goa Mining Scam(http://www.rediff.com/news/report/goamining-scam-15-million-tonnes-of-ore-worthrs-6100-crore/20111004.htm). lxxxvii Id. lxxxviii Editorial. (2011). Mining Illegality. Economic and Political Weekly,41, 8. lxxxix Goa Government to Cancel 19 Mining Leases. (2011, October 2).The Financial Express, pp. 11.

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Id. Local authorities can realize the information from their own experience since the issues are within the vicinity of their eyes. xcii Karnataka Lokayukta No. COMPT/LOK/BCD/89/2007 (Jul. 27, 2011). xciii Mining Scam (http://www.indiatoday.intoday.in/story/karnat aka-lokayukta-report-on-mining-scamsubmitted/1/146274.htm). xciv Id. xcv Kinkri Devi v. State of Himachal Pradesh, AIR 1988 SC8 (HP) (IND.) xcvi Santhosh Hegde Slams Karnataka Government for Trashing Lokayukta Report on Illegal Mining (http://www.indiatoday.intoday.in/story/lokay ukta-illegal-mining-report-santhosh-hegde). xcvii Vasavi, A. R. (2011).Beyond Corruption in Mining: A Derailed Democracy. Economic and Political Weekly,33, 14-17. xcviii Id. xcix Lipschutz, R. D. & Rowe.R. (2005).Globalization, Governmentality and Global Politics: Regulation for the Rest of Us?London: Routledge. c See Tiwari supra note 29. ci See Das supra note 6. cii Refereed to the accepted solutions to the issues relating to sustainable development. ciii Lele, S. (1991). Sustainable Development, World Development, 19(6) 604-621. civ Clarissa Lins & Elizabeth Horwitz.Sustainability in the Mining Sector. Retrieved from the Foundation for Sustainable Development Website:http://www.fbds.org.br/fbds/IMG/pdf /doc-295.pdf cv Corburn, J.Cities, Climate Change and Urban Heat Island Mitigation: Localizing Gobal Environment Science. Urban Studies,46,413427 cited byMusco, F. (2010).Policy Design for Sustainable Integrated Planning: From Local Agenda 21 to Climate Protection. Advances in Global Change Research, 39, 5978. cvi UNDP, Public Sector Management, Governance and Sustainable Human Development. cvii Meadowcroft, J.Who is in Charge Here? Governance for Sustainable Development in a Complex World, cited by Brande, K. V. (2011).Multi-Level Interactions in a Sustainable Development Context: Different Routes for Flanders to Decision-Making in the UN Commission on Sustainable Development. Environmental Policy and Governance, 21, 70-82. cviii See Le Gales, European Cities Social Conflict and Governance, cited by Musco supra note 105. xci

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cix


Berger, G. (2003).Reflections on Governance: Power Relations and Policy Making in Regional Sustainable Development. Environmental Policy and Planning,5(3), 219234. cx See Goulder & Stavins. (2010).Interactions Between State and Federal Climate Change Policies, Foundazione Eni Enrico Mattei, Working Paper No. 487cited by Galarraga, I. (2011). The Role of Regional Governments in Climate Change Policy. Environmental Policy and Governance, 21, 164-182. cxi Staden, M. V. &Musco, F. (2010). Three Streams of Local Action: Strategy and Policy; Technology and Measures; People and Lifestyle. In Beniston, M. (Ed.), Local Governments and Climate Change (pp. 111122). Springer. cxii Id. cxiii Id. cxiv Id. cxv Id. cxvi Stephen, R. J. (2011).Future Visioning of Local Climate Change: A Framework for Community Engagement and Planning with Scenarios and Visualisation. Futures, 43,400412. cxvii See examples of Bali, Sweden, Heerlen. cxviii Lundqvist, L. J. &Biel, A. (2008).Coping with Climate Change: Sweden’s Climate Strategy as a Case in Point. Earthscan. cxix Eckerberg, K. (2001).Sweden: Problems and Prospects at the Leading Edge of LA21 Implementation. cxx See Lundqvist supra note 118. cxxi See Cabinet Bill 2002/03:40 cited by Lundqvist supra note 118. cxxii Supra note 118. cxxiii Id. cxxiv Id. cxxv Id. cxxvi See Messick, D. M.Solving Social Dilemmas: A Review. Cited by Lundqvist supra note 118. cxxvii Plattner, M. F. (2002).Globalization and Self Government. Democracy, 13,54-67. cxxviii See supra note 118. cxxix Hojer, M. (2011).Experiances of the Development and Use of Scenarios for Evaluating Swedish National Environmental Objectives. Futures, 43, 1-15. cxxx Id. cxxxi Id. cxxxii Id. cxxxiii Id. cxxxiv Id. cxxxv Id. cxxxvi See Lundqvist supra note 118.

cxxxvii

Id. Id. cxxxix Id. cxl Id. cxli Ministry of Environment, The Swedish Climate Strategy, Summary of Government Bill 2001/02:55, Ministry of Environment, Stockholm. cxlii SeePhdungsilpsupra note 24. cxliii Id. cxliv Id. cxlv Id. cxlvi Id. cxlvii See Energy and Communications Article No. N7035, Ministry of Enterprise, Sweden, Oct. 2007 cited by Larsen, K. (2011).Environmental Scenarios and LocalGlobal Level of Community Engagement: Environmental Justice, Jams, Institutions and Innovation. Futures, 43, 413-423. cxlviii Id. cxlix Id. cl Id. cli See Lundqvist supra note 118. clii Veld, P. O. &Roijen, E. (2010).The Mine Water Project Heerlen: Low Exergy Heating and Cooling in Practice (City of Heerlen, The Netherlands). Springer. cliii European Commission on Environment, World’s First Mine Water Power Station Opens in Heerlen. Retrieved from http://www.ec.europa.eu/environment/etap/ina ction/showcases/netherlands/328_en.html. cliv Id. clv Kovacs, K.Energie-CITES MEMBER- Heerlen is Producing New Energy From Old Mines. Retrieved fromhttp://www.energycities.eu/Heerlen-the-Netherlands-Newenergy. clvi Id. clvii Geothermal Use of Mine Water for Cooling or Heating of Residential and Industrial Zones (http://geopoweri4c.eu/index.php?page=bpview&id=20). clviii Id. clix Meinhold, B.Old Coal Mines Adapted to Create Geothermal Energy. Retrieved fromhttp://inhabitat.com/heerlen-minewaterproject/. clx See supra note 152. clxi Power from Mine Water(http://www.sustainable footprint.org/en/cms/gebruikerscherm.asp?itemId=40 8). clxii See supra note 153. clxiii Mine Water- An Example to Follow for All Renewable Energy Projects(http://www.concertoplus.eu/cms/inde x.php?). cxxxviii


clxiv

cci

clxv

ccii

See supra note 152. Id. clxvi Norway, International Human Development Indicators(http://hdrstats.undp.org/en/countries/profil es/NOR.htm/). clxvii Id. clxviii IPM – CSD: On Mining(http://www.norwayun.org/statements/Other-Statements/IPM-CSD-19On-Mining/). clxix Id. clxx Norway’s Strategy for Sustainable Development, Ministry of Finance (http://www.regjeringen.no/upload/FIN/rappor ter/R-0617E.pdf). clxxi Id. clxxii Sverdrup, L. V. (1997). Norway’s Institutional Response to Sustainable Development. In Riordan, T. O. &Voisey, H. (Eds.), Sustainable Development in Western Europe: Coming to Terms With Agenda 21(pp. 72-73). Taylor & Francis Group. clxxiii Id. clxxiv Id. clxxv Id. clxxvi See supra note 170. clxxvii Id. clxxviii Id. clxxix Id. clxxx Id. clxxxi See White Paper No. 58, 1996-97 to the Storting. clxxxii See White Paper No. 19, 2001-03 to the Storting. clxxxiii Id. clxxxiv Bondevik, K. M.Norway’s Action Plan for Sustainable Development. Retrieved fromhttp://www.unep.fr/scp/nap/clearinghouse /documents/NOR_ActionSDEN.pdf. clxxxv See supra note 170. clxxxvi Id. clxxxvii Id. clxxxviii Id. clxxxix Id. cxc Id. cxci Id. cxcii Id. cxciii See responsibilities associated with waste management, energy, waste water treatment, land use- planning and so on. cxciv See supra note 184. cxcv See supra note 170. cxcvi Id. cxcvii See Sverdrup supra note 172. cxcviii See supra note 170. cxcix Principle of ‘Best Practice’ pertains ‘it all depends’. cc Executive Summary(http://www.pubs.iied.org/pdf/9084IIED.pd f).

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Part IV of the Constitution of India. Part IVA of the Constitution of India. cciii See generally RLEK v. State of UP, AIR 1988 SC 2187 (IND.), Vellore Citizen’s Welfare Forum v. UOI, 1996 SC 2715 (IND.). cciv 73rd Amendment, INDIA CONST. ccv See supra note 88. ccvi Id. ccvii See generally Part IV of the paper ccviii New Mining Bill Wants Coal Cos to Share 26% Profits with Locals. (2011, October 1). The Hindu Business Line, pp. 1. ccix Id. ccx Id. ccxi See Dinsha Patel, New Mining Bill Wants Coal Cos to Share 26% Profits with Locals. (2011, October 1). The Hindu Business Line, pp. 1. ccxii Id. ccxiii Id. ccxiv See supra note 88. ccxv Dryzek, J. (1997).The Politics of Earth: Environmental Discourses. Cited by Srivastava, J. (2011).Norm of Sustainable Development Predicament and the Problematique. India Quarterly, 67(2) 93-110. ccxvi Id. ccxvii See generally Rig Veda, Genesis 2:15, Al-Anam: 38, Nuh:17, verse 17 of 28 in chapter 71. ccxviii See generally Stockholm Declaration, 1972; Principle 1, Rio Declaration, 1992. ccxix See Sheppard supra note 125. ccxx Concept of ‘glocalization’ seeZanoni, P. &Janssens, M. (2009). Sustainable DiverCities. In Janssens, M., Pinelli, D., Reyman, D. C., & Wallmann (Eds.), Sustainable Cities: Diversity, Economic Growth & Social Cohesion (pp. 6).Cheltenham, England : Edward Elgar. ccxxi Strange, T. &Bayley, A. (2010). Sustainable Development Linking Economy, Society, Environment. OECD Publishing. ccxxii West, G. B. (2010).Integrated Sustainability and the underlying threat of urbanization. In Joachim Schellnhuber, Mario Molina, Nicholas Stern, Veronika Huber, Susanne Kadner (Eds.), Global Sustainability A Nobel Cause(pp. 10-18). United Kingdom: Cambridge University Press. ccxxiii Seesupra note 116. ccxxiv Blackburn, W. R. (2007). The Sustainability Handbook: The Complete Management Guide to Achieving Social, Economic, and Environmental Responsibility. Washington D.C.: Environmental Law Institute. ccxxv See West supra note 222. ccxxvi Id. ccxxvii Id.

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ABOUT THE AUTHOR Name: Rosmy Joan Rosmy is a law faculty member at National Law University Jodhpur. Her areas of interests are Environmental Law, Tort Law and Arbitration. Mailing address: Faculty of Law, National Law University, NH-65, Nagour Road, Jodhpur, Rajasthan 342304, India Phone: +91- 9783384532 e-mail: [email protected]

EVALUATION OF FLY ASH AND GROUND GRANULATED BLAST FURNACE SLAG ON CONSISTENCY LIMITS OF BLACK COTTON SOIL A, Maneli a, O.S , Abiola b, W.K, Kupolati c , J.M, Ndambuki d a, b, c, d

Department of Civil Engineering, Faculty of Engineering & the Built Environment Tshwane University of Technology, Pretoria, South Africa. Corresponding author: [email protected]

©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: Black cotton soil (BCS) is a class of expansive soil which is unsuitable as pavement material due to its swelling and shrinkage characteristics. The sample site location is on the north west of South Africa. The approach that is adopted when such material are encountered is to remove the soil and replaced with quality materials. Cost of replacement is very high and stabilization of the soil is another alternative method of construction. Ground granulated blast furnace slag (GGBFS) is a by-product in the manufacturing of steel while fly ash (FA), a residue generated in combustion of coal is industrial waste that is readily available in the country. To sustain the environment by reducing the material to land fill sites, this paper examines the effect of FA and GGBFS respectively on consistency limits of BCS. Consistency limit is an indicator of clay behaviour and its evaluation provides basic mechanical data about the soil. Samples of the soil were obtained at a depth of 0.5m below the subgrade level. Sampling and tests of the soil was done according to South Africa standards to characterize BCS, FA and GGBFS. The percentages of FA and GGBFS were varied from 1 - 14% and 1 - 9% in steps of 1% respectively. Particle size distribution, Atterberg limit, standard proctor and California bearing ratio tests were conducted on the stabilized soil. The particle size distribution of BCS showed that 77% is clayey and silt; according to American Association of State Highway and Transportation official classify the soil as A-7-6(15) while the material falls outside G7-G8 envelope according to standard methods of testing road construction materials (TMH 1), making it unsuitable as subgrade material. Liquid limit (LL) and plastic index (PI) values of the virgin soil are 58% and 30% respectively. It was observed that PI decreases while LL increases as the percentage of the stabilizers increases; this could be attributed to cation exchange reaction that resulted in an increase inter-particle

distribution. There was about 43%, 40% reduction in the value of PI for FA and GGBFS at 12% and 8% respectively when compared with the control. The maximum dry density (MDD) and optimum moisture density (OMC) of the virgin material are 1704 kg/m3 and 15.3% respectively. MDD and OMC for FA & GGBFS modified BCS increases as the percentages of the stabilizers increases. Both the maximum dry density and optimum moisture content increases for FA, GGBFS from 1 – 12% and 1 – 6% respectively and then decreased. Increase in OMC is necessary for dissociation of admixtures with Ca2+ and OH- ions to supply more Ca2+ for the cation exchange reaction. The stabilizers have significantly improved the index properties of the soil. Keywords: black cotton soil; consistency limits; fly ash; ground granulated blast furnace slag; stabilization INTRODUCTION

B

lack cotton soil lies predominately on the North West of South Africa and also in some isolated areas in the country. Black cotton soils (BCS) are inorganic clays of medium to high compressibility characterized by high shrinkage and swelling properties. Due to its high swelling and shrinkage characteristics, BCS has been a challenge to the highway engineers. This type of clay is very expansive and causes significant damages and problems. The usual approach when such soil is encountered, is to remove the soil, and replaces it with stronger materials likes crushed rock. The high cost of replacement causes highway contractors to explore alternative methods of highway construction on soft sub grades. One of such approach is to modify the engineering properties using various stabilizing agents to improve its performance. Harichane et al. [1] reported the effect of using lime, natural pozzolana and their combinations on the geotechnical characteristics of soft soils. It was concluded that the

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Maneli et al., / OIDA International Journal of Sustainable Development 06: 10 (2013)

maximum dry density of lime stabilized soils decrease with the increase in lime content, in contrast with natural pozzolana stabilized soils. The combination lime-natural pozzolana increased the maximum dry density for the grey soil and decreased that of the red soil. Consistency limits (Atterberg limits) have been repeatedly shown to be useful indicators of clay behaviour [2, 3]. Evaluation of consistency limits provides some very basic mechanical data about a particular soil. The liquid limit and plasticity index are mainly influenced by clay minerals’ ability to interact with liquids [4]. Akbulut et al. [5] studied the effect of surfactants on clays’ contact angles and consistency limits; the experimental results indicated that surfactant modified clay consistency limits (liquid and plastic limits) changed significantly compared to those of natural clay. RBI grade 81 and sodium silicate was used to modified engineering properties of BCS, the result showed that liquid limit decreases as the admixture content increases whereas reverse trend was observed with plastic limit as it increases with the increase of admixture, results in net reduction of plasticity index [6]. Noorina and Yadav [7] studied the influence of blast furnace slag on consistency limits of BCS; it was reported that the liquid limit decreases with increase in the amount of blast furnace slag. The report concluded that the addition of blast furnace slag improves the index properties of BCS. Naderia and Naeini [8] examined the effects of plasticity index and waterborne polymer on strength of clayey soils, it was concluded that plasticity index (PI) has significant effect on the strength; an increase in PI causes a reduction in strength. Tests were conducted to study the effect of lime on Atterberg’s limit, maximum dry density, optimum moisture content, shear strength and durability of quarry dust stabilized expansive soil mixes. The results shows that addition of quarry dust decreases the liquid limits, plastic limit and plasticity index while it increase the shrinkage limit of the expansive soil [9]. This paper presents the study on the evaluation of Fly Ash (FA) and Ground Granulated Blast Furnace Slag (GGBFS) respectively on consistency limits of Black Cotton soil. EXPERIMENTAL PROGRAM Materials Black cotton soil lies predominately on the North West and Eastern parts of the country and in other parts of the country like; Kwa-Zulu Natal Province and Mpumalanga Province. The soil from Mpumalanga and North West areas of South Africa was the focus of this research. Samples were obtained from the N4 (North West near Brits) because the road lies on black cotton soil at depth of

0.5m below the subgrade. Representative soil samples were placed in plastic bags and transferred to the laboratory for analysis and assessment to determine the properties of the stabilized soil. Fly Ash and Ground granulated blast furnace slag was obtained commercially and stored in an air tight bags. Testing Procedure Sampling guidelines stipulated in the testing methods for highways and materials in South Africa [10-12] was used to characterize BCS, GGBFS and FA respectively. Table 1 shows the summary of the index property of BCS and the properties of GGBFS and FA used in this research. The percentages of FA and GGBFS were varied from 1 - 14% and 1 - 9% in steps of 1% was blended to stabilize BCS respectively. A series of laboratory test were conducted on the stabilized soil consisting of standard compaction, Atterberg limit and California bearing ratio (CBR) to find the optimum in accordance to standard specifications. ANALYSIS OF TEST RESULTS Consistency Limits The summary of the engineering properties of BCS and the characteristics of FA and GGBFS are presented in Table 1. The particle size distribution of BCS shows that it composed of 77% clay and silt thus classifying the material as fine graded. BCS falls outside the G7 - G8 grading envelope which makes the material unsuitable as subgrade material in its virgin state and is classified according to American Association of Highway and Transportation officials (AASHTO) as A – 7 - 6 category. The results of liquid limit (LL) and plastic index (PI) on BCS with different percentages of FA and GGBFS conducted in accordance with the THM1 (1986) are shown in figures 1 and 2. Liquid limit and plastic index values of the virgin soil are 58% and 30% respectively, making the soil to be highly plastic. It was observed that PI decreases as the percentage of the stabilizers increases. There was about 43%, 40% reduction in the value of PI for FA and GGBFS at 12% and 8% respectively when compared with the control. Liquid limit was in contrast in that as the percentage of the stabilizers increases, it also increases. Generally, BCS reduces its plasticity with increased amount of FA and GGBFS due to cation exchange reaction that resulted in increased inter-particle attraction. The linear shrinkage of virgin BCS is 13, the variation of LS with FA and GGBFS shows a reduction as the percentage of stabilizers increase up to a point and then increases with increase in stabilizer.


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Table 1: Engineering properties of BCS and Characteristics of FA and GGBFS BCS Liquid limit Plastic limit Linear shrinkage Gravel (> 2.36 mm) Sand (> 0.425mm) Silt & clay Classification

(%) 58 30 13 7.0 16.0 77.0 Fine A-7-6(15) 2.58 15.3 1704 kg/m3 3, 3, 2 & 2

Specific gravity OMC MDD CBR @ 100, 98, 95 & 93%

FA Reactive CaO Chloride SO42F/CaO H2O req. Soundness Activity index 28d Activity index 90d Reactive SiO2 Particle density

(%) < 10 < 0.1 < 2.5 < 1 max < 95 < 10 > 75 > 85 > 25 2-2.4g/cm3

GGBFS LOI SiO2 Al2O3 Fe CaO MgO K2O TiO2 MnO SO3 Free H2O Sulphide

35

Plasticity Index (%)

30 25 20 15 10

PI (FA) PI (GGBFS)

5 0 0

2

4

6

8

10

12

Stabilizer (%)

Figure 1: Plastic Index with percentages of Stabilizers

14

16

(%) 0.42 38.9 13.6 0.61 37.1 8.67 1.03 0.76 0.78 0.63 0.39 0.98

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Figure 2: Liquid limits with percentage of Stabilizers

Figure 3: Variation of MDD with FA and GGBFS

Figure 4: Variation of OMC with FA & GGBFS


Compaction Characteristics The maximum dry density (MDD) and optimum moisture content (OMC) of the virgin BCS are 1704 kg/m3 and 15.3% respectively. The variations of MDD and OMC with the percentage of stabilizers are shown in figures 3 and 4. MDD and OMC for both FA and GGFBS modified BCS increases as the percentage of modifiers increases. It is observed that the trend increases in MDD and OMC for FA, GGBFS from 1 – 12% and 1 - 6% respectively and then decreases afterwards. This result agreed with previous researches [13-17] that water is required for dissociation of admixtures with Ca2+ and OH- ions to supply more Ca2+ for the cation exchange reaction. Also, it could be due to the increasing surface area caused by the higher amount of the additives, which required more water for lubrication of the entire matrix. CONCLUSION This study evaluated the use of fly ash and ground granulated blast furnace slag respectively on the consistency limit of black cotton stabilized soil obtained from Mpumalanga Province, South Africa. Black cotton soil was mixed with varying proportions of fly ash and ground granulated blast furnace slag (1 – 14% dry weight of soil). The soil mixtures were subject to sieve analysis, standard compaction, Atterberg limit and California bearing ratio tests. The results indicated that the addition of fly ash and ground granulated blast furnace slag enhances the consistent limit of black cotton soil by reducing the amount of clay size particles through flocculation and agglomeration of the clay particles. Moreover, the reduction in plasticity index (43%, 40%) of the stabilized soil for fly ash and ground granulated blast furnace slag was achieved at 12% and 8% respectively. Maximum dry density and optimum moisture density increases from 1704 kg/m3, 15.3% with increase percentages of FA, GGBFS (1 – 12%, 1 – 6%) to 1844 kg/m3; 1905 kg/m3, 31%; 36% respectively before decreasing. It can be concluded that the index properties of the study soil was significantly improved, hence fly ash and ground granulated blast furnace slags offers the potential for stabilization of black cotton soil for highway construction. REFERENCES [1] Harichane, K and Ghrici, M. (2012). Effect of the combination of lime and natural pozzolana on the compaction and strength of soft clayey soils: a preliminary study. Environ Earth Sci, 66, 2197-2205. [2] Jefferson, I. & Rogers, C.D.F. (1998). Liquid Limit and the Temperature Sensitivity of Clays. Engineering Geology, 4(9), 95-109.

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[3] Dolinar, B., Misic, M. & Trauner, L., (2007). Correlation between surface area and Atterberg limits of fine-grained soils. Clays and Clay Minerals, 55, 519-523. [4] Schmitz, R.M., Schroeder, C., & Charlier, R. (2004). Chemo-Mechanical Interactions in Clay: a Correlation between Clay Mineralogy and Atterberg Limits. Applied Clay Science, 26, 351358. [5] Akbulut, S. Kurt, Z. N & Arasan S. (2012). Surfactant modified clays’ consistency limits and contact angles. Earth Sci. Res. SJ, 16 (2), 13-19. [6] Madurwar, K. V., Dahale, P. P. & Burile, A. N (2013). Comparative Study of Black Cotton Soil Stabilization with RBI Grade 81 and Sodium Silicate. Int. J. Innovative Res. Sci. Eng. & Tech., 2(3), 493-499. [7] Noorina, T. & Yadav, R. K. (2013). Influence of Blast Furnace Slag on the Consistency limits of the Black Cotton Soil. Int. J. Sci & Eng. Res., 4(4), 456-458. [8] Naderi, N. I. A. & Naeini, S. A (2009). The influence of polymer inclusion and plasticity index on the unconfined compression strength of clays. 2nd Int. conf on New Developments in Soil Mechanics and Geotechnical Engineering, May 28-30, Cyprus. [9] Akshaya, K. S. (2012). A study on Some Geotechnical Properties of Lime Stabilized Expansive Soil-Quarry Dust Mixes. Int J. Emerging trends in Eng & dev. 2(1), 42-49. [10] TMH 1(1986). Standard Methods of Testing Road Construction Materials, South Africa. [11] SANS 50450 (2011). South African National Standard, Pretoria. [12] SANS 55167-1 (2011). South African National Standard, Pretoria. [13] Stephen, A. T. (2006). Stabilization Potential of Bagasse Ash on Black cotton Soil. M.Sc. Thesis, Department of Civil Engineering, Ahmadu Bello University, Zaria. [14] George, M. (2006). Stabilization of Black Cotton Soil with ordinary Portland Cement using Bagasse Ash as Admixture. M.Sc. Thesis, Department of Civil Engineering, Ahmadu Bello University, Zaria. [15] Osinubi, K. J., Eberemu, A. O. & Aliu, O. S. (2007). Stabilization of laterite with cement and baggase ash admixture. Proc. 1st Int. Conf. Environ. Res. Tech. & Policy “ERTEP 2007” under the auspices of International Society of Environmental Geotechnology, Accra, Ghana, 16 –19 July, Category B: Mining and Environment, pp. 1 – 14. [16] Akinmade (2008). The Effect of Locust Bean Waste Ash on the Geotechnical Properties of Black Cotton Soil. M.Sc. Thesis, Department of

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Civil Engineering, Ahmadu Bello University, Zaria. [17] Ochepo, J. (2008). The Effect of Elapsed Time on the Geotechnical Properties of Black Cotton Soils Stabilized with Lime-Bagasse Ash Admixture. M.Sc. Thesis, Department of Civil Engineering, Ahmadu Bello University, Zaria. ABOUT THE AUTHORS Andile Maneli holds a B-Tech in Civil Engineering and Masters in Business Administration (MBA). He is currently a master’s research student at the Tshwane University of Technology, Pretoria, South Africa under the supervision of Dr. W. K. Kupolati and Prof. J. M. Ndambuki. He has successfully occupied various operational and part time lecturing positions. He is registered by the Engineering Council of South Africa (ECSA) as a Professional Engineering Technologist; and currently employed by Eskom Holdings, South Africa as a senior engineer. Mr. Maneli is passionate about pavement engineering, as his research is based on using waste materials to stabilize problematic soils. (Mobile phone: 0834095032; E-mail: [email protected]) Dr. O.S. Abiola holds M. Sc. and PhD in Civil Engineering. He is a Post-doctoral Fellow with the Department of Civil Engineering, Tshwane University of Technology, Pretoria, South Africa. He is a practicing Engineer, lecturer and a researcher in Pavement Modelling, Infrastructure assessment and

Transportation Planning. (Corresponding author: Mobile phone: +27844483004; e-mail: [email protected]) Dr. W. K. Kupolati holds a B.Sc. (Hons) and a Ph.D. in Civil Engineering. He also holds a M. Sc. in Construction Management. He is a Senior Lecturer at the Department of Civil Engineering, Tshwane University of Technology, Pretoria, South Africa. He is involved with research on the sustainable and appropriate use of waste materials for civil engineering infrastructure, modelling and technopreneurship. (Corresponding author: mobile phone: +27733106085; fax: +27(0)123825226; email: [email protected]) Prof. J. M. Ndambuki holds a B.Sc. (Hons), an M. Sc. and a Ph.D. in Civil Engineering. He is a rated researcher with extensive research experience in the area of water resources management. His research interests include: Stochastic Optimization, MultiObjective Optimization, Groundwater Quality and Quantity modeling, Decision Support Systems as well as Generation of Green Energy through the use of agricultural and municipal solid waste. He is also the Head, Department of Civil Engineering, Tshwane University of Technology, Pretoria, South Africa. (Mobile phone: +27836091607; fax: +27(0)123825226; e-mail: [email protected])

ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS Pulugurtha Sravya Sindhuri a , Narmdeshwar Singh b a, b

Damodaram Sanjivyya National Law University, Vizag, Andra Pradesh, India. a Corresponding author: [email protected]


Abstract: Sustainable development, a notion of obligation to future generation which was first used in Brundtland Commission in 1987 which states that development which is taking place to meet the demands of present generation without compromising or affecting the needs of future generations. This very process of sustainable development is one of the most important concerns to globalised and developing nations like India which is still confronted with many social, economic and especially environmental challenges such as Global Warming, Health issue, Toxins release, Water Crisis and Pollution. This paper through a doctrinal research tries to analyze the above mentioned environmental concerns and tries to suggest the probable solution for various problem that stands as obstacle in the way of sustainable development and access to justice. The Indian legislator has played a vital role in conserving environment and empowering the sustainable development and also enacted many laws and provisions such as Article 48A, Article 51-A (g) of the Indian constitution, and Acts like Easements Act 1882 which talks about the riparian owners right and unreasonable pollution of water, Fisheries Act, 1897 which penalized the killing of fish by water poisoning and by using explosives and other laws which follow the suits are The Factories Act, 1948, The River Boards Act, 1956 but most important of all these developments was the bringing into force of Environmental protection Act 1986, New Company Act, 2013 which deals with various aspects of social responsibility, development and moved forward for the preservation of environment. The Supreme Court of India in its effort devised two principles they are ‘Polluter Pays’ Principle which states that the polluter has to bear the cost of all remedial and clean up measures also the amount payable as compensation to pollution victims and ‘Precautionary Principle’ which requires the government authorities to anticipate, prevents, and attacks the causes of environmental pollution. The National Green Tribunal (NGT) 2010 was established with the view of speedy trials with respect to environmental matters and enforcement of legal rights relating to environment in this regard

paper tries to analyze the process of functioning of NGT and tries to put forth a few suggestions to promote the better functioning of these tribunals by invoking the concept of public participation. However in spite of the constant efforts by Indian legislature and judiciary the existence of various environmental issues clearly indicates that there is a need for further effective implementation and enforcement of the existing laws and provisions which can only be attained through an active public participation in environmental decision making and resolving the environmental issues. The concept of public participation is one of the most important pillars of ‘Aarhus convention’ which was signed on 25th July in the Danish city of Aarhus which grants the public rights regarding access to information, public participation and access to justice in governmental decision making processes contained in Article 4, 5, 6, 7, 8 and 9 of the convention which is related to matters concerning the local, national and trans-boundary environment. It abridges the gap between public and public authorities. Access to environmental information is the necessary starting point for any public involvement in decision making process. Public participation is based on the belief that those who are affected by a decision have a right to be involved in the decision-making process. It promotes sustainable decisions by recognizing and communicating the needs and interests of all participants, including decision makers. The aim of this paper is to accentuate certain aspects of access to justice. To some extent this paper also concerns the role of the court in relation to the environmental area. It also compares the procedural aspects of the NGT with that of environmental court of Sweden. Further the paper intents to deal with the principle 17 of Rio declaration which states Environmental Impact Assessment. The objective of the paper is to seek right of the public both in present and future generation to know and to live in the healthy environment. Keywords: Aarhus Convention, Access to justice, Decision Making and Public Participation.

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INTRODUCTION

W

e have a dream – a world without poverty – a world that is equitable – a world that respects human rights – a world with increased and improved ethical behaviour regarding poverty and natural resources - a world that is environmentally, socially and economically sustainable, where the challenges such as climate change, loss of biodiversity and social inequity have been successfully addressed. This is an achievable dream, but the current system is deeply flawed and our current pathway will not realise it.1

Sustainable development has been an enormously influential concept in environmental law since at least the early 1980s. The World Commission on Environment and Development published the seminal work on sustainable development, Our Common future2 more commonly known as the Brundtland report in 1987.3 The Brundtland Report has been built on at an international level, most prominently by the United Nations convention on environment and development (the famous Rio earth Conference) in 1992, and more recently by the 2002 world summit on sustainable development in Johannesburg.4 Over the past few years innumerable definitions of sustainable development have been proposed. But one can identify a clear trend in them. At the beginning, the sustainability was interpreted as a requirement to preserve intact the environment as we find it today in all its forms. The most widely quoted definition of sustainable development comes from the Brundtland report, according to which sustainable development is development that meets the needs of the present without compromising the ability of future generation to meet their own needs.5 This definition of Brundtland commission is built upon two foundations. The first is the objective concept of ‘Human needs like food , clothing, shelter, clean water, and all other essentials which contribute to the quality of life’, while the other is a normative concept

that emphasizes a balance of equity, environment, and growth by contemplating the fully apparent nonrenewal capacity of our environment. 6 Despite a heavy reliance on the Brundtland definition, throughout the 1990s sustainable development was largely defined as a trade off between economic development and environmental protection. The UN Environmental program’s Helmsman Topfer has said, “To fight poverty is also to fight environmental problems in the world.” Indeed poverty is often associated with gross pollution and poor environmental health. It need not be that way. Good governance- a caring government that is not corrupt- can accomplish much, even with few resources. 7There is an incumbent duty on the part of the present generation to preserve the environment from deterioration, ensuring a fair measure of resources provided by the environment for future generations. The logic behind this doctrine of intergenerational equity is to ensure that, for the benefit of the present generation, the survival of future generations is not jeopardized. All that the ethics of intergenerational equity demand is a care for the future.8 Recognizing that adequate protection of the environment is essential for the human being and the enjoyment of basic human rights including right to life. This paper affirms the need to protect, preserve and improve the state of environment and to ensure sustainable development by providing access to information, public participation, decision making and access to justice in environmental matters. DEVELOPMENT ENVIRONMENT

AS

A

CHALLENGE

TO

AN

Unbridled use of science and unprecedented use of technology have given birth to too many problems including the problem of eco-imbalances and environmental degradation. With the advancement of science and technology, this problem has assumed threatening dimensions. This problem has not only caused damage to flora and fauna but threatened the very existence of mankind.9

1

Environment and development challenges : The Imperative to Act. http://www.unep.org/pdf/pressreleases/Blue_Planet_s ynthesis_paper.pdf Last visited 19.11.2013 at 11:25. 2 Also known as the Brundtland Report, from the United Nations World Commission on Environment and Development was published in 1987 3 World commission on environment and development, Our common future (oxford University Press, 1987) (The Brundtland Report). 4 www.un.org/events /wssd/ 5 Jane Holder and Maria Lee, Environmental protection, law and policy, 2nd ed. Cambridge University press, 2009 pg 217.

Industrialization 6

See R.N Batta and J.P Bhatti, environmental policy challenges of the new millennium in S. Radha and Amar Singh sankhyan (eds), Environmental Challenges of the 21st century, Delhi: deep & deep publication, 2004, p.4. 7 Marquitta k. Hill, understating environmental pollution, 2nd ed. Cambridge University Press, 2005 8 P.B Sahasranaman (2009), Handbook of Environmental law, oxford university press, , pg 23. 9 Prof. Satish c. Shastri, (2012) Environmental Law, 4th ed. Eastern book company, Lucknow.


“The ‘environment’ is where we live; and development is what we all do in attempting to improve our lot within that abode. The two are inseparable.”10 Poverty11 is an anathema to development. The phantom of poverty looming large over vast landscapes of underdeveloped and developing countries, including India, poses a unique challenge to economic development. One mantra to escape from this quagmire seems to be a positive approach towards industrialization. Hence, the biggest challenge before the underdeveloped and developing nation today is to peddle acceleration in industrialization, viewed as instrumental in reducing poverty and ignorance. However, industrialization, if is pursued without any consideration can lead to indiscriminate exploitation of nature.12 Humanity‘s behaviour remains utterly inappropriate for dealing with the potentially lethal fallout from a combination of increasingly rapid technological evolution matched with very slow ethical-social evolution. The human ability to do has vastly outstripped the ability to understand. As a result civilization is faced with a perfect storm of problems driven by overpopulation, overconsumption by the rich, the use of environmentally malign technologies, and gross inequalities. They include loss of the biodiversity that runs human life-support systems, climate disruption, global toxification, alteration of critical biogeochemical cycles, increasing probability of vast epidemics, and the specter of a civilizationdestroying nuclear war. These biophysical problems are interacting tightly with human governance systems, institutions, and civil societies that are now inadequate to deal with them.13 Industrialization in spite of providing the solution to various existing economic problems such as poverty is not only continuing to stand as an obstacle in the path of sustainable development. But also act as a “Hazardous air pollutants” (HAPs)14 commonly 10

An Overview, Environment for Development, Our Common Future. http://www.unep.org/geo/geo4/report/01_Environme nt_for_Development.pdf Last Visited 19.11.2013 at 12:02. 11 Poverty contributes equally to both-population growth and environment pollution. 12 P.B Sahasranaman, (2009) Handbook of Environmental law, oxford university press, New Delhi, pg 22. 13 Environment and development challenges: The Imperative to Act. http://www.unep.org/pdf/pressreleases/Blue_Planet_s ynthesis_paper.pdf Last visited 19.11.2013 at 11:36. 14 Marquitta k. Hill, (2005) Understating Cambridge environmental pollution, 2nd ed. University Press, pg 125.

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called toxic air pollutants to environment and causes Air pollution, a contamination of air, by the presence of suspended particulate matter (SPM). The air pollutants are mixtures of soot, oxides of sulphur and other mineral particles that produce the fly ash. Due to presence of contamination in the air, the quality of air deteriorates which causes Global warming, Direct harm on human Health, Effects on vegetation and animal life, effects the monuments and buildings, acid rain and ecological harms.15 In India main air pollutant is the emission from the motor vehicles and the UK is the country where 85 percent of the carbon monoxide and 45 percent of the oxides of nitrogen present in the atmosphere is due to motor vehicles. There are many air pollutants but mainly there are four that have been globally accepted as primary air pollutants. They are: (1) oxide of sulphur, (2) oxides of nitrogen, (3) oxides of carbon and (4) hydrocarbons.16 In spite of polluting air, industrialization somehow affects the purity of the water causing water pollution ultimately affecting the ecological balance and violating the human rights just for the sake of development which is a development but without sustainability. So to curb this menace various acts like The Air (Prevention and Control of Pollution) Act17 and Water (Prevention and Control of Pollution) Act18 came into existence is explained in detail in this paper under the heading Legal Framework. Trade and Environment Trade controls are, however, often used by one state against another when the imports of goods is banned or restricted, often on ostensibly environmental grounds. This may happen either if there is an absence of agreed international rules or if the importing state goes beyond the restrictions allowed for under existing international rules. Trade control process may be concerned with the polluting impact on a neighbouring state, or the way in which a national or global resource is exploited.19 The regulation of International trade rests primarily with bodies connected to the World Trade Organisation (WTO). The WTO has a committee on trade and environment which identifies the relationship between trade measures and environmental measures

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Shormila Mukherji,( 2004) Fragile Environment, Manak publication Pvt. Ltd. New Delhi. 16 P.B Sahasranaman, Handbook of Environmental law, oxford university press, New Delhi, 2009 pg 117 17 1981 18 1974 19 Stuart Bell, Donald McGillivray and OLE W. Pedersen, (2012) Environmental Law , 8th ed. Oxford University Press

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in order to promote sustainable development.20 Decisions by the appellate body of the WTO which is effectively becoming an international court of sustainable development, because it is taking the lead in deciding, under the WTO regime where the balance between global trade freedom and environmental protection lies and plays an important role. Climate Change Climate change refers to the fluctuation in temperature, precipitation, wind and other elements of the earth’s climate system over time. The phenomenon has also been labelled ‘global warming’ as one of the main aspects of climate change is the heating up of the earth. Many scientist and policy makers see this global warming as a threat to the environmental and its inhabitants. The cause of climate change can be observed by the contribution of Working Group I to the fourth Assessment Report of The Intergovernmental Panel on Climate Change (IPCC) which states that ‘Warming of the climate change is unequivocal, as is now evident from the observation of increases in global average air and ocean temperature, widespread melting of snow and ice, and rising global average sea level.21 Furthermore, the report makes it evident that such changes are due to increased emission. In an attempt to reverse the trend of states turning their attention away from international environmental law and policy towards domestic economic growth United Nations Environment Programme (UNEP) launched its Green Economy agenda in 2008. UNEP defines a green economy as one that results in improved human well-being and social equity, while significantly reducing environmental risks and ecological scarcities.22 LEGAL FRAMEWORK The law and legislation in particular has some role to play in the preparation, prevention and mitigation of environmental disaster. It is crucial that any legal system is transparent and easily intelligible to ordinary citizens if there is to be successful access to justice. Legislature

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(1994) Decision on Trade and Environment, see www.wto.org/english/tratop_e/envir_e/issu5_e.htm. Last Visited 20.11.2013 at 13:10 21 Contribution of Working Group II to the Fourth Assessment Report of the IPCC, Climate change impacts, Adaption and vulnerability. 22 Stuart Bell, Donald McGillivray and OLE W. Pedersen, Environmental Law, 8th ed. Oxford University Press pg 170.

India has a history of enforcing various laws committee Reports23 protecting the environment even before the convening of the Stockholm Conference, the benchmark often taken as the starting point of global developments in protecting the environment, both legally and otherwise.24 The Indian Penal Code, which penalizes for causing defilement of water of a public spring or reservoir with imprisonment or fine; Easement Act25 which talks about the riparian owners’ right and unreasonable pollution of Water by upstream users; Fisheries Act26 which penalizes the killing of fish by water poisoning and by using explosive etc are a few examples. The Bengal Smoke Nuisance Act27, the Indian Motor Vehicle Act28 is others in the category. Other laws which follow the suit are The Factories Act29, The River Boards Act30, The Indian Forests Act31, The Forest Conservation Act32 and Wildlife Protection Act33 34. There are various other legal Paradigms to regulate water pollution, air pollution, radioactive wastes and infinite number of such problems even during the time of the British, there were several laws.35 But these early legislative efforts were piecemeal and grossly inadequate.36 Most important of all these developments was the bringing of Environment Protection Act37 conferring broad powers to the central government enabling them to take all such measures for the purpose of protecting and improving the quality of the environment and to prevent environmental pollution.38 The Environment 23

Tiwari Committee Report, 1980. O. V. Nandimath, (2009) Handbook of Environmental Decision Making in India, An EIA Model, Oxford University Press, New Delhi Pg 65 25 1882 26 1897 27 1905 28 1988 29 1948 30 1956 31 1927 32 1980 33 1972 34 K. Ramakrishna, The Emergence of Environmental Law in the Developing Countries: A Case Study of India , 12 Ecology Law Quarterly, 1985, pg 907 35 Shore Nuisance (Bombay and Kolaba) Act 1853, Elephant Preservation Act 1879, Wild Birds Protection Act 1887,Hailey National Park Act, 1936 etc. 36 Sarath Chandaran, (2002). Human Rights and Environment protection, Cochin University Law University Review, pp. 175-6. 37 1986 38 An Introduction to the Environment (Protection) Act, 1986, http://www.advocatekhoj.com/blogs/index.php?bid=5 24


Protection Act was passed with a foreign background and to fulfil constitutional obligation as provided under Art. 48A. The UN Declaration has resulted in the 42nd Amendment to the constitution and the enactment of various laws. By amending the Indian constitution for the 42nd time in 1976, the government had imposed an obligation to protect the natural environment upon both the state as well as the citizens of India. The constitution through various Articles lays down the principle for environmental protection like Article 48A39, inserted in Directive Principles of state policy (DPSP) Part 1V of the Constitution, Article 51A (g)40 inserted in the Fundamental Duties (FDs). But there is no enforceability of these Articles as such. Judiciary Judicial recognition of environmental rights was achieved in India through the device of Public Interest Litigation (PIL).41 Judiciary elevated environmental protection to the rank of a fundamental right by bringing it within the ambit of Article 21.42 The Supreme Court of India played a substantive role in emphasizing the need to protect the environment. By referring to the Stockholm Declaration43and Rio Declaration44 the Supreme Court in many cases45 stated the importance of various principles. These are the followings: The Polluter Pays Principle The basis of the polluter pays principle is that those responsible for pollution meet the costs of its consequences. This also states that the polluter has to 844e03567140583459245221&bcmd=VIEW Last visited 22.11.2013 at 17:47 39 Protection and improvement of environment and safeguarding of forests and wild life The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country 40 To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures 41 Public-Interest Litigation is litigation for the protection of the public interest. In Indian law, Article 32 of the Indian constitution contains a tool which directly joints the public with judiciary. 42 In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, AIR 1985 SC 652, declared that the right of the people to live in a healthy environment should be safeguarded. 43 1972 44 1992 45 M.C. Mehta v. Union of India (Delhi Stone Crushing Case), 1992(3) SCC 257; Virender Gaur v. State of Haryana 1995 (2) SCC 577;

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bear the cost of all remedial or clean up measures and also the amount payable as compensation to the victim of pollution.46 But does this make any more sense to bear the cost of cleaning the environment and making up for the damaged environment by taking up an economic activity in an is an environmentally sensitive zone? The answer is certainly not! To mitigate such critical problems of the future, Environmental Impact Assessment (EIA)47 stands as a tool of environmental decision making. EIA Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of competent national authority.48 The Precautionary Principle This principle requires the government authorities to anticipate, prevent, and attack the causes of environmental pollution. The basis of this principle is that science cannot predict absolutely how, when, or why adverse impacts will occur, or what their effect may be on humans or ecosystem. This principle also imposes the onus of proof on the industrialist to show his or her action was environmentally benign.49 The Preventative Principle50 The preventative principle is often linked to the precautionary principle. This principle promotes the prevention of environmental harm as an alternative to remedying harm already caused. A good example of the preventative principle is the use of the Best Available Technique (BAT) to prevent pollution under the integrated pollution prevention and control regime. The Integrated Principle51 This principle seeks to apply environmental consideration across all policy areas. The aim is to 46

See generally Indian council for enviro-legal action v. Union of India (Bichhri Case), AIR 1996 SC 1446; Vellore citizens’ welfare Forum v. union of India, AIR 1996 SC 2715; S. Jagannath v. Union of India (Shrimp Culture Case), AIR 1997 SC 811 47 17th Principle of Rio declaration 1992. 48 REPORT OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (Rio de Janeiro, 3-14 June 1992) 49 Vellore citizens’ welfare Forum v. union of India, AIR 1996 SC 2715; S. Jagannath v. Union of India (Shrimp Culture Case), AIR 1997 SC 811 50 1992 Rio Declaration on the Environment and Development, Principle 2 51 Treaty on the Functioning of European Union, Article 11

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avoid otherwise contradictory policy objectives that result from a failure to take into account environmental protection or resource conservation goal. An example would be the failure to consider the environmental consequences of liberalizing air travel or road building programmes designed to meet priority transport objectives.52 At the international level Article 38 (i) (d)53 of the statute of the International Court of Justice (ICJ)54 has also recognised judicial decisions one of the sources of international environmental law. The ICJ has decided many important cases involving environmental issues and put the environment on firm footing. Some of them are United Kingdom v. Albania55, Lake Lanoux case56, Belgium v. Spain57, Australia v. France58, Aerial Herbicide case59 and Pulp Mills case60. These judicial pronouncements have recognised and explained various sources and principles of environmental law. As a result of large number environmental cases, ICJ have created the Chamber for Environmental Matters in July 1993.61 ACCESS TO JUSTICE Justice is a dynamic concept with a complex of merits; it ought to fluctuate with the changes of cultural, social and historic condition. A combination of value in all aspects of a society constitutes a general benchmark of justice, and guides the mainstream of society in justice consideration from time to time.62 When justice is used in the context of environment following are the obligations and requirements to ‘Access the justice in Environmental Matters’. 52

Stuart Bell, Donald McGillivray and OLE W. Pedersen, Environmental Law, 8th ed. Oxford University Press pg 58. 53 Subject to the provisions of Art. 59 – Judicial decisions and teachings of the most highly qualified publicist of the various nations, as subsidiary means for the determination of rules of law. 54 ICJ is the principle judicial organ of United Nations established in June 1945 by the charter of the United Nations. 55 1949 ICJ 4. 56 1957 24 ILR 101. 57 1970 ICJ Rep 3. 58 1974 ICJ Rep 253. 59 See, Aerial Herbicide Spraying, Ecuador v. Colombia, 1.4.2008 (ICJ). 60 Argentina v. Uruguay (Pulp Mills on the River Uruguay), 4.5.2006 (ICJ). 61 Prof. Satish c. Shastri, Environmental Law, 4th ed. Eastern book company, Lucknow 2012. pp 404-406. 62 Jonas Ebbesson and Phoebe Okowa, Environmental Law and Justice in context, Cambridge University Press,2009.

Public Participation Public participation is a process which is open to public scrutiny and responsive to public concerns is more likely to reflect diverse views, address key facts and issues, and ensure an outcome that is satisfactory both to the proponent and to the community. Recent decades have seen the emergence of a very widespread consensus that ‘Public Participation’ is a crucial element of good and democratically legitimate environmental decision making. There have been significant moves towards increasing both the quantity and quality of public participation. The importance of Public Participation is recognised principle 10 of Rio Declaration. Environmental issues are best handled with the participation of all concerned citizens, at the relevant level.63 At the national level, each individual shall have access to information concerning the environment that is held by public authorities and the opportunity to participate in decision making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy shall be provided. There are various benefits of public participation recognised64 as follows: Improving the quality of decision The preamble65 to the Aarhus convention emphasizes the role that public participation has to play in improving environmental decisions. Environmental problem solving One of the ways in which competing values can be resolved is through techniques of deliberation –that is, ‘bottom-up’ discussions in which all sides of an issue are debated in an attempt to reach a consensus on an issue. Promoting environmental citizenship Environmental citizenship is loosely based upon the notion that individuals should take some responsibility for their own interaction with the environment. In promoting such citizenship, participation in environmental matters is critical. Improving procedural legitimacy Increased involvement in decisions, access to good quality environmental information, and ex post review mechanisms through such things as judicial 63

International, Regional, National and Local level. Maria Lee and Carolyn Abbot ((2003) 66MLR 80) identifies a number of benefits of public participation. 65 It states that ‘improved access and public participation in decision making enhance the quality and the implementation of decisions’. 64


review increases the accountability of the decisionmaker and makes the process more legitimate in the eyes of public. These basic principles have been developed at an international level, as evidenced by the Aarhus Convention66 in its three ‘pillars’ of promoting public participation. (a) Firstly, improved access to environmental information (Art. 4 and 5) (b) Public Participation in environmental decision making (Art. 6,7 and 8) (c) Access to justice in Environmental Matters (Art. 9) First pillar of Aarhus Convention is i.e. Access to environmental information is the necessary starting point for nay public involvement in decisions. It is also a crucial element of a democratic society, a precondition of basic rights to vote or to free speech, and certainly of any form of participation in decision making. Second pillar which is the most important among other pillars of Aarhus Convention provides for public participation at three stages: ‘decisions on specific activities’ (Art. 6); ‘plans, programmes and policies relating to environment’ (Art. 7); and ‘the preparations of executive regulations and/or generally applicable legally binding normative instruments’ (Art. 9).67 It promotes establishment of a transparent and fair framework for decisions, within which the public will participate in the preparation of plans and programmes relating to the environment. The final aspect of facilitating public participation in environmental law is ensuring that there is adequate access to a means of enforcing environmental law or in seeking redress in resolving environmental disputes which is referred as ‘Access to Justice in Environmental Matters’68 under Aarhus Convention. This gives the public the right to challenge decisions by means of an independent review by a court of law or other independent body. Thus the focus of this section is mainly on procedural matters-that is, a right

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The Aarhus Convention grants the public rights regarding access to information, public participation and access to justice, in governmental decisionmaking processes on matters concerning the local, national and transboundary environment. It focuses on interactions between the public and public authorities. It was signed on 25 June 1998 in the Danish city of Aarhus. 67 Article 9(2) of Aarhus Convention provides that anyone who has a sufficient interest shall be able to challenge the substantive or procedural legality of any decision, act or omission. 68 This notion of procedural fairness has been adopted in Edwards v. Environmental Agency [2007] Env LR 9.

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to bring a ‘Judicial review’, and having the means to do so and the structural and institutional issue-that is, the establishment of Environmental court rather than the quality of substantive decisions provided by the legal system. The process of judicial review is one way of making public bodies accountable to the courts and ensuring that they only act within the powers given to them by parliament. Accordingly, judicial review addresses the legality, and not the merits, of a decision. The legality of a decision comprises two different aspects. Procedural legality ensures that people have a right to a fair hearing and that there should be no bias or perception of bias in a decision making process. In circumstances under which there is procedural illegality, a court will overturn the decision, but send the issue back to the original decision –maker to be redetermined.69 ‘Are the Judiciary Environmentally Myopic?’70 It is questionable whether ordinary courts are equipped for dealing with highly technological or scientific data that may come forth in an environmental dispute. In the UK, the main proponent of a specialist court was Sir Harry Woolf who suggested the creation of a special tribunal with general responsibility for overseeing and enforcing environmental law which should have discretion to determine its own simple and user-friendly procedures, power to appoint specialist members, inquisitorial-type-fact-finding powers, an informal and multidisciplinary approach, power to make ancillary enforcement decisions- for example, on compensation, punishment, and public law remedies and so on.71 There were also some other learned Judges72 and advocates73 who proposed an environmental courts and Tribunals. For that matter Sweden is highly acclaimed for setting up an effective environmental court. Since 1999, Sweden has had a ‘Universally’ applicable Environmental

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For a good discussion of this in relation to climate change see C. Hilson (2010) ‘Climate Change litigation in the UK: an explanatory approach (or bringing grievances back in)’ in F. Fracchie and M. Occhiena (eds.), Climate Change: la Riposta del diritto, Naples: Editoriale Scientifica, pp. 421-36 70 Lord Woolf, ‘Are the Judiciary Environmentally Myopic?’, Journal of Planning and Environmental Law, 1992, vol. 4, no. 1 pp. 1. 71 Other two suggestions were discretion issues about standing, representation, and costs and the other one is an appeal structure with an appeal on a point of law to the court of appeal. 72 P. McAuslan (1991) JEL 195. 73 R. Carnwath (1992) 4 JPL 799.

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Code,74 which replaced some fifteen older pieces of legislation, and harmonised the general rules and principles in this field. In addition, this legislation also introduced new concepts, principles and procedures. Some part of the code applies to all activities and measures, whereas others concerns only special areas. The main core is administrative law, that is, rules that express the demands that environmental authorities can make upon persons intending to undertake any activity or measure that entails a risk for man or environment. The environmental code sets out well established environmental principles, such as the precautionary principle, the polluter pays principle, the principles of best available technology and the substitution principle. It consists of one professional judge, one environmental technician and two expert members. On the other side there is relatively long history of criticism of the existing arrangements for access to justice in environmental matters in the UK. In India an environmental court was envisaged by the Supreme Court of India as far as in 1986. Bhagwati, in the case of M.C. Mehta v. Union of India and Shriram Foods and Fertilizers75 said ‘we would suggest to the government of India that since cases involving issues of environmental pollution, ecological destruction and conflicts over national resources are increasingly coming up for adjudication and these cases involve assessment and evolution of scientific and technical data, it might be desirable to set up environmental courts76 on a regional basis, with one professional judge and two experts drawn from the ecological sciences Research Group, keeping in view the nature of the case and the expertise required for its adjudication. There would of course be a right to this court from the decisions of the environment courts. Green Courts suggested by the Law Commission in its 186th Report77 was also very comprehensive and had capacity to reduce the burden on the High Courts and Supreme Court. There are other countries such as Australia78, United States of America79, New Zealand80, Pakistan81 and Bangladesh82 where there is a development in Access

to Justice by setting up the environmental court effectively. It is not just ‘Green Bench’ but a view, to understand the environment, the science and the law that is required to deal with environmental cases. Proper judicial system for the resolution of environmental disputes provide an appropriate avenue to vindicate the importance of the environment, as they can be better equipped to apply the green view, with experts in science and law at their disposal CONCLUSION83 In this article, I have discussed certain procedural issues that are vital if a broad access to justice is to be achieved in more than merely the formal sense. The following conclusion can be drawn: (a) The System: Too many routes of appeal will have a constraining effect on the possibilities open to challenging environmental decisions. It also creates divergences in case law. The complexity of environmental law suggests that the deciding bodies84 must be well equipped with both the lawyers and technicians. (b) Scope of Review: The prospect of success for members of the public in challenging an administrative decision is evidently greater if the possibility exists of a full trial, invoking all interests. Another vital factor lies in the appellate body being able to replace the authority decision with a new one thereby being able effectively control the environmental legislation. (c) Scope of Decision: In order to enhance the acceptance of decisions, the aim should be to include the full interest of the public concerned at the earliest possible time in decision making procedures. (c) Actors: An important factor from the justice perspective is that individuals who are concerned by an environmental decision should have the possibility open to them to challenge it, irrespective of what kind of activity it concerns. The delimitation of the class of ‘public concerned’ should be wide. These examples show what is perhaps self-evident, that there is an unbroken and uninterrupted need to keep alive the discussion on access to justice!

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Government Bill 1997/98:45. The Environmental code is published in English on the Sweden Ministry of the Environment’s website, www.regeringen.se/english/publication/2000:61/ 75 1986(2)SCC 175 (at page 202) 7676 National Environmental Appellate Authority 77 Submitted in 2003 78 Land and Environment Court Act1979 (NSW). 79 Carnegie Commission of Science and Technology (1993). 80 Resource Management Act, 1996 81 Pakistan Environment Protection Act 1997. 82 Forest Act 1927.

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Jan Darpo, Environmental Justicethrough environmental courts? 84 Tribunals and Courts.

THE INDISPENSABILITY OF WOMEN SOCIAL FREEDOM FOR SUSTAINABLE DEVELOPMENT Navneet Kaur Department of Community Education and Disability Studies, Panjab University, Chandigarh, India. Corresponding author: [email protected] ©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: Sustainable development being the buzz word nowadays has found its extension in almost every field. Its increasing inevitability can be extended to something as basic as the concept of freedom. The work in this article is essentially inspired by Isaiah Berlin’s ‘Two Concepts of Liberty’. This paper aims at defining social freedom and presents the current status of women in the society within that framework. This paper not only dismisses the idea of Positive and Negative freedom as incompatible but establishes the necessity of both to attain the desired social freedom by women. The objective of the paper is to establish the need and importance of women social freedom for sustainable development of the society. Keywords: Negative Liberty; Positive Liberty; Social freedom; Sustainable Development; Women. INTRODUCTION

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ustainable development being the buzz word nowadays has found its extension in almost every field. Its increasing inevitability can be extended to something as basic as the concept of freedom. The origin of the documentation of the concept of freedom can be traced back to the Vedic times in the Indian civilization during the 1500-500 BC. Vedas- the ancient Indian scriptures, believed in spiritual liberation that is freedom of the soul called ‘salvation’.1 Socrates, the famous Greek philosopher believed in the freedom of the conscience as a right of an individual and his moral duty to resist the state if it interfered with his this freedom. The concept of 1 The Vedic Philosophy believed in the freedom of soul from sorrows and miseries. The account for the same can be found in the four Vedas, namely- RigVeda, Sama-Veda, Yajur-Veda and Atharveda. It is believed that after the attainment of this freedom, the soul experiences ultimate bliss and lives under the inspiration of God. Salvation is also known as Mukti or Moksha.

freedom by Socrates[1], Plato[2] and Aristotle[3] was essentially politically oriented. The idea of social freedom can be traced back to an eassy, “On Social Freedom: or the Necessary Limits of Individual Freedom Arising Out of the Conditions of Our Social Life” by John Stuart Mill[4] regarding individual and societal freedom.2 The concept of social freedom as positive and negative finds its roots in the philosophy of Kant[5] [6] [7]. It was he who first gave the idea of negative freedom. This idea gave a social dimension to the philosophy of freedom. Later on, this basic idea was developed, defined, explained and discussed by Isaiah Berlin in an essay, ‘Two Concepts of Liberty’ [8]. According to Berlin, positive freedom refers to the answer to the question 'What, or who, is the source of control or interference that can determine someone to do, or be, this rather than that?' whereas liberty in the negative sense involves an answer to the question: 'What is the area within which the subject — a person or group of persons — is or should be left to do or be what he is able to do or be, without interference by other persons'. In simpler terms, positive liberty is the possibility of acting — or the fact of acting — in such a way as to take control of one's life and realize one's fundamental purposes whereas negative liberty is the absence of obstacles, barriers or constraints. One has negative liberty to the extent that actions are available to one in this negative sense (Carter, 2012) [9]. Basically, positive liberty is “freedom to” do something (like obtain self-mastery, self determination, choose government etc) and negative liberty is “freedom from” something (like coercion, barriers, constraints etc) [10]. Berlin showed, negative and positive liberty, are not merely two distinct kinds of liberty; they can 2

This work was published in 1907, almost thirty years after his death. In this work Mill is concerned with a sociological question and uncovers the actual limits of individual freedom set by the nature of society.

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be seen as rival, incompatible interpretations of actual potentialities [11]. DEFINING SOCIAL FREEDOM Positive and negative liberty, undoubtedly are distinct but they are not incompatible. Positive liberty is more of a psychological view of liberty whereas negative liberty has a social base. It won’t be fair to compare both. It would be like comparing height and weight. Both height and weight have different units, they are completely distinct entities and thus their comparison is vague but both of these are features of a human body. The presence of one in the absence of another would be inappropriate. Similarly, positive and negative liberties are two different sides of the same coin. It is not either this or that; it has to be the presence of both which is essential for an individual to realize his freedom fully. In fact, absence of any one will be an obstacle in the path of attaining complete freedom. For example, an individual has a potential to excel in his field of work. He is determined and thus is said to possess positive liberty. That is, he is free to choose his path. But what if no matter how determined or focused he is, his excellence and the path he chose is not accepted by the society around and he falls victim to the societal rituals, traditions and taboos? This means he lacks negative freedom and this is restricting him to realize his positive freedom fully. Thus we can define social freedom as “The presence of both negative and positive freedom to conduct oneself freely in the society without upsetting or by keeping and maintaining social order.”3 SOCIAL FREEDOM AND WOMEN Freedom for women has always been a topic of debate among the feminists and the anti-feminists. Whereas, the feminists support the idea of women freedom as important for social justice and equality [12] , the anti-feminists refute this idea and maintain that social acceptance of women as equal to men is wrong and would lead to further suffrage of women in the hands of men and society. They claim that men and women are fundamentally different and thus are bound to perform different roles in the society [13] [14] [15] . According to the traditional patriarchal mindset, still prevailing in the larger parts of the world, 3

Every society has its own laws and limitations. Here we talk about freedom and social equality within those limits defined by every society for itself. Our concern is that within any particular society, women are further suppressed in the name of social traditions and rituals and the laws and norms defined for men and women should be equal. This acceptance of women by the society as equal to men is social freedom and equality.

whereas the role of a male is to earn and handle economic expenses of the house, it is supposed to be a feminine duty to take care of the household. This demarcation of gender based household labour has put women in the backseat and has stereo typed them to be called a weaker sex, inferior and subservient to men. The dominance of men in the professions essentially thought to be involving more physical activity such as military forces, industries etc. and restricting women to be best suited for ‘soft professions’ such as teaching, interior decoration etc has further marginalized this gender based divide [16]. This divide has resulted in the prevailing crimes against women such as violence, dowry deaths, female foeticide, rapes and the list goes on. Although increasingly, women are proving their mettle, not only in male dominated professions but overall, it is felt that women have to work extra hard to be accepted as a person of worth as compared to men. This discrimination in the prevailing attitude in the society has forced women to protest against the treatment vetted out to them and this protest has increasingly taken the form of a revolution now. To improve the status of women in the society, social justice and gender equality is necessary which is possible with her social freedom. Though provisions have been made by the laws in providing political and economic freedom to women but these both work only in the presence of social freedom. What if a woman has the right to vote but her exercising this right is considered against the established value of family traditions where the women aren’t supposed to get involved in politics and she ends up being discarded by her own family members if she goes out and votes? Similarly, although the law has given equal opportunities to men and women to earn and make a living, hold bank accounts etc, but what if no matter how much and how many bank accounts she holds, she has to take permission of the male members to access her own belongings failing which she will be considered a threat to the family values and will be disowned by her own family? Thus, political and economic freedom are necessary but aren’t enough. When we talk of social freedom of women within the framework of the definition given above, we come across the concept of negative and positive liberty associated with it. In this context, positive liberty of a woman refers to her own self-determination and her own control on her life and decisions and negative liberty refers to the freedom from societal constraints, traditions and rituals which make her unfree. Both positive and negative freedoms are complementary. It can be said that if one has self determination or positive liberty, one can attain negative liberty by working for the removal of obstacles, which women are already doing these days. They are working hard


to prove themselves so that gradually they will be able to break through the existing norms set for them, which render them inferior and finally will be able to change the discriminatory mindset of the people. On the other hand, if the societal obstacles are already absent, that is if negative liberty is present, it would be much easier to achieve positive liberty, which actually should be done to uplift women’s status. These are in a way, two paths to achieve total freedom. The former which we are following currently is difficult because it involves the movement from psychological to social, as in this we are working to remove the societal obstacles. The later path is comparatively easy, as in that the societal obstacles have already been removed and we have to just work hard to make women capable of positive liberty, which can be done by providing them proper education and making them aware of their rights. It involves the movement from social to psychological.4 In the former path the women alone are convincing the society and fighting to have social justice and equality, whereas in the later path it would be society helping the women to attain positive liberty. For men, it has always been the easy path as they are supported by the society to excel. On the other hand for women it has always been the difficult path that is to excel first and then seek the support of the society. This divide in the treatment of both men and women by the society is the root cause of all the problems. The day this divide is eliminated we will have a sociologically equal society. Undoubtedly, with the spread of education, we have been able to prepare women for positive liberty, but we, as a society still lack in providing negative liberty to women owing to which no matter how positively liberated she is, she is not accepted in the society as equal to men. It is the presence of negative liberty which ensures the absence of societal constraints, taboos and rituals which do not allow women to exercise their positive liberty. Thus, negative liberty is necessary to exercise positive liberty. Presence of negative liberty prepares a path for the attainment of positive liberty and hence total freedom. WOMEN SOCIAL FREEDOM AND SUSTAINABLE DEVELOPMENT

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endure or support. Thus sustainable development is the development that meets the needs of the present without compromising the ability of future generations to meet their own needs (Brundtland Commission, 1987). [17] The vast area of sustainable development is divided into three major categories, that is, economic, social and environmental sustainability. Later on further divisions like political, [19] cultural[18], institutional , governance[20], democracy and freedom have been given.5 [21] Freedom as a part of sustainable development of human resource is vital as no development is possible unless the people involved in the process are not free. As women are an important part of human resource, their social freedom becomes indispensible for sustainable development. Increasing broad-based economic development by promoting female education, employment and economic and political empowerment is among the most promising strategies for even climate change adaptation, with women as key agents. Countries with low rates of gender inequalities in education and employment access have grown substantially faster than those in which inequality rates were high. In countries such as Bangladesh and Tunisia, growth has included women to a much greater extent than in other countries in their regions, and has benefited women as well as overall development (Klasen, 2013) [22]. Therefore social freedom for women will lead to their social acceptance and will open new avenues for them socially, economically and politically which will in turn benefit the progress of the country and thus the world. How can we expect progress and development in the society when its most important element, women are discriminated against and fall victim to various social and domestic crimes on the pretext of stereo typical notions which render them unfree and lead to their inferior status in the society? If we want economic and environmental sustainable development, first of all there is a need to empower the women of the world otherwise we might seem developed on the surface whereas in terms of human resource sustainability it will be hollow inside. It is the duty of the society to provide women with negative liberty and support her in developing positive liberty. Its only when they possess both

Sustainable development is largely derived from the word sustainability which means the capacity to 5

4

The terms psychological to social and social to psychological are used just as representatives to explain the point that as positive liberty is more a psychologically oriented term and negative liberty is more a sociologically oriented term so it would be much easier to move from negative liberty to positive liberty than vice-versa.

Though there is an argument on the inclusion of freedom as a separate area of sustainability, but those in favour argue that no human progress is possible without the due consideration of human rights, freedom and democracy whereas those against find no correlation between economic growth and democracy and freedom. For example, the economies of China, Taiwan, Korea etc. (Weaver, Rock, Kusterer, 2008).

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negative and positive freedoms, they will be socially free and will be accepted in the society as equal to men. Once they are accepted in the society as equals, it will itself provide them with social justice and ultimately there is a hope that all the heinous crimes against women happening in the world around will end and we will achieve a socially sustainable society which will be developed in its true sense. ACKNOWLEDGEMENTS I would like to thank my family and my Ph.D. supervisor Dr. Navleen Kaur for their unending support and encouragement which inspires me to be a good human being and do better in every field. REFERENCES [1]

Mulgan, R.G. (1972). Socrates and Authority. Greece and Rome, 19(2), 208-212. Retrieved from http://www.jstor.org/stable/642676 [2] Stalley, R.F. (1998). Plato’s Doctrine of Freedom. Proceedings of the Aristotelian Society, 98, 145-158. Retrieved from http://www.jstor.org/stable/4545279 [3] Long, R.T. (1996). Aristotle’s Conception of Freedom. The Review of Metaphysics, 49(4), 775802. Retrieved from http://www.jstor.org/stable/20129942 [4] Mill, J.S. (1907). On Social Freedom: or the Necessary Limits of Individual Freedom Arising Out of the Conditions of Our Social Life. The Oxford and Cambridge Review, 57-83. [5] Kant, I. (1785). Groundwork for the metaphysics of morals, trans. Allen W. Wood, with essays by J.B. Schneewind et al. (2002). New Haven: Yale University Press. [6] Kant, I. (1788). Kant’s Critique of Practical Reason and other works on the Theory of Ethics, trans. Thomas K. A. (1889) London: Longmans, Green and Co. [7] Johnson, R. (2013). Kant's Moral Philosophy. The Stanford Encyclopedia of Philosophy. Retrieved from http://plato.stanford.edu/entries/kant-moral/ [8] Berlin, I. (1958). Two Concepts of Liberty. In Isaiah Berlin’s (1969) Four Essays on Liberty. Oxford: Oxford University Press. [9][11] Carter, I. (2012). Positive and Negative Liberty. The Stanford Encyclopedia of Philosophy. Retrieved from http://plato.stanford.edu/entries/liberty-positivenegative/ [10] James, D. (2011). Two Freedoms of Berlin. tigerpapers.wordpress.com. Retrieved from http://tigerpapers.wordpress.com/2011/11/11/twofreedoms-of-berlin/ [12] Turshen, M. (2001). Development as Freedom by Amartya Sen. Journal of Public Health Policy, 22(4), 484-486. Retrieved from http://www.jstor.org/stable/3343168

[13]

Lukas, C. L. (2006). The politically incorrect guide to women, sex, and feminism. Washington DC: Regnery Publishing. [14] Kassian, M. A. (2005). The feminist mistake: the radical impact of feminism on church and culture. Chicago: Crossway. [15] Schlafly, P. (1977). The Power of the Positive Woman. New York: Arlington House Publishers. [16] Paramasivan, C. (2012). Women EmpowermentIssues and Challenges. New Delhi: Regal Publications. [17] United Nations. (1987). Report of the World Commission on Environment and Development. General Assembly Resolution 42/187, 11 December 1987. Retrieved: 2007-04-12. [18] UNESCO et al (15th-17th May, 2013). Culture: Key to Sustainable Development. International Congress. [19] United Nations Commission on Sustainable Development. (11–28 April 1995). Report on the Third Session Economic and Social Council. Official Records. Supplement No.12. E/1995/32 E/CN.17/1995/36. United Nations, New York. [20] Leadership Council of the Sustainable Development Solutions Network (2013). An Action Agenda for Sustainable Development. Report for the UN Secretary-General, 6 June 2013. URL = www.unsdsn.org. Retrieved: August 28, 2013. [21] Weaver, J.H., Rock, M.T., Kusterer, K. (2008). Achieving Broad-Based Sustainable Development, (pp: 29-33, 204-206). New Delhi: Rawat Publications. [22] Klasen, S. (2013). Gender, Growth and Adaptation to Climate Change. Powerful Synergies: Gender Equality, Economic Development and Environmental Sustainability, 1, 49-57. ABOUT THE AUTHOR Name: Navneet Kaur Research Scholar, Department of Community Education and Disability Studies, Panjab University, Chandigarh, India. Mailing Address: #3245/3, Sector-44-D, Chandigarh Mobile No.- 08146663287,09914449977. Email: [email protected]

ENVIRONMENTAL INDUCED INTERNAL DISPLACEMENT: A NEW CHALLENGE FOR HUMAN SECURITY VIS-A-VIS INTERNAL SECURITY-A LITERATURE BASED APPRAISAL Mithilesh Narayan Bhatt Faculty of Law, Raksha Shakti University, Ahmedabad- 380016, Gujarat, India. Corresponding author: [email protected] ©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: The relationship between human security and a safe and habitable environment is fundamental and for which Sustainable development is inevitable. From last few decades Humans have been over exploiting the environment and their byproducts. For Every such greedy act, nature takes price for it and that result in Natural and Human-induced environmental disasters, Slow-onset degradation, Higher temperatures, More extreme weather, Rising sea levels, Increasing cyclonic activity, Earthquake, Floods and Draughts. Due to revenge by environment the lives and livelihoods of those reliant on the natural environment are either jeopardized or even destroyed. Environmental insecurity is forcing masses of people to flee environments that no longer sustain life. Such movement can be within or between countries. Environmentally induced internal displacement is becoming one of the major policy as well internal security challenges of this century and India too is facing the same. All in all, large numbers of environmentally induced internal displaced people (EIDP) are supposed to threaten the human security as well as internal security of any state. Such people put stress upon resources of land where they reached and often indulge in Survival crimes. EIDP’s also prone towards crimes on them. Further these create complex environmental, humanitarian, and non traditional internal security challenges. This paper proposes to discuss relationship between environment insecurity, internal displacement and how it threatens human security as well as internal security of a country especially in India. EIDP’s require special assistance, protection and development aid which are most of the time ill addressed by the governments concerned. The issue of EIDP’s have legal, humanitarian and human rights dimensions, and author will try to explore protection

gap between all of these issues through the lens of earlier literatures. Keywords: Human Security, Internal Security, internal displacement, Environmentally induced internal displaced people (EIDP), Environmental insecurity. INTRODUCTION

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et us not, however, flatter ourselves overmuch on account of our human victories over nature. For each such victory nature takes its revenge on us. Each victory, it is true, in the first place brings about the results we expected, but in the second and third places it has quite different, unforeseen effects which only too often cancel the first......So it is that the environmental question has become urgent and it has to be properly understood and squarely met by man.[i] The relationship between human security and a safe and habitable environment is fundamental. Even a minor alteration in environment and climate puts direct impact on every single human being. In past relationship between Nature and human was need based. Humans were use nature’s product as need basis but now from last few decades humans have been over exploiting the environment and their byproducts. For Every such greedy act, nature takes price for it and that result in to either Natural or Human-induced environmental disasters. Leaving such inhabitable places has been the preferred option to maintain their livelihoods in such conditions. Environmental insecurity is forcing masses of people to flee environments that no longer sustain life. Such movement can be within or between countries and either permanent or temporary. This paper focusing only on environment induced internal displacement persons (EIDPs). The central object of this paper is to find out how environmental induced internal migration threaten the

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Bhatt / OIDA International Journal of Sustainable Development 06: 10 (2013)

human security and further to internal security. Beside it there are some subsidiary aims & objects are also addressed which includes as follows: kinds of migration; Number of EIDPs; the reasons of displacement; impacts of displacement and on displaced people; Human rights violations in displacement; to find out available legal protection and protection gap further to suggest for mitigation of gaps. As title suggests this study is totally based on doctrinal approach to meet with central as well as subsidiary aims and object of the study by way of using earlier literatures including research reports, articles and news items. This paper divided in to VIII major headings in which in which points as, types of displacement; numbers & reasons of displacement; impact of displacement; displacement threat to human security vis-à-vis internal security and human rights violation, legal protection and protection gaps in practice. In last two parts paper concluded with some suggestions. TYPES OF DISPLACEMENT Literature suggests five primary ways of displacement due to climate change. [ii] These are as follows: (a) Temporary Displacement- People who for generally short periods of time are temporarily displaced due to a climate event such as a hurricane, flood, storm surge or tsunami but who are able to return to their homes once the event has ceased (2) Permanent Local Displacement - People who are displaced locally, but on a permanent basis due to irreversible changes to their living environment, in particular sea-level rise, coastal inundation and the lack of clean water and increasingly frequent storm surges. This form of displacement implies that localised displacement solutions will be available to this group of forced migrants, such as higher ground in the same locality. (c) Permanent Internal Displacement - People who are displaced inside the border of their country, but far enough away from their places of original residence that return is unlikely or impossible. This would concern a family displaced from one region of a country to another region in country. (d) Permanent Regional Displacement - People for whom displacement solutions within their own countries are non-existent or inaccessible and who migrate to nearby countries willing to offer permanent protection. (e) Permanent Inter-Continental Displacement - People for whom no national or regional displacement solutions are available, and who are able to receive the protection of another State in another continent. Further, Biermann, F. And Boas divided such displacement in temporary and permanent

displacement. Natural disasters would mostly lead to temporary displacement, while climate change effects would often permanently dislocate people. [iii] NUMBERS AND REASONS OF DISPLACEMENT Reasons of Displacement Environment degradation is directly affecting climate in negative ways. In its 4th Assessment Report (FAR), the Intergovernmental Penal on Climate Change’s projected that by 2099, world is expected to be on average between 1.8and 4°C hotter than it is now. Consequences of this forecast would be a global mean sea level rise of p to 88 cm over the next 80 years, which would displace millions of people round the world and could potentially inundate some countries. There are few “robust investigations of climate change impacts on small islands.”[iv] More so, Arpita Bhattacharyya and Michael Werz has observed in their study that South Asia will be among the regions hardest hit by climate change. Higher temperatures, more extreme weather, rising sea levels, increasing cyclonic activity in the Bay of Bengal and the Arabian Sea, as well as floods in the region’s complex river systems will complicate existing development and poverty reduction initiatives. Coupled with high population density levels, these climate shifts have the potential to create complex environmental, humanitarian, and security challenges. [v] Due to these changes, a variety of environmental disruptions are causing displacement. De Moor and Cliquet distinguished three categories of environmental disruptions causing displacement [vi ]: (a) Environmental degradation due to climate change and biodiversity loss (b) Sudden environmental disasters, including natural and technological disasters (c) Intentional destruction of the environment. Myers N, [vii] and other intellectuals [viii] concluded that the largest group of environmentally‐displaced persons are individuals affected by the gradual environmental degradation due to climate change and the loss of biodiversity, leading among others to sea level rise and severe desertification. International Organization for Migration has classified Environmental disasters into four categories [ix] : (a) Long-term environmental degradation, including global warming, deforestation, land erosion, salinity, siltation, water logging, and desertification, [x] (b) Sudden natural environmental disruptions, including earthquakes, droughts, floods, hurricanes, monsoons, tidal waves, tornadoes, and volcanic eruptions, [xi] (c) Accidents, including both industrial and chemical disasters, [xii] and (d) Armed conflicts. [xiii]


The category of ‘sudden environmental disasters’ can be divided into natural and technological disasters. Natural disasters are weather or geological events, such as earthquakes, floods, hurricanes and volcanic eruptions [xiv]. Intentional destruction of the environment often takes place in times of war, in order to strategically relocate the enemy population [xv]. Technological disasters include industrial and chemical accidents. [xvi] People who have been forcibly displaced because their traditional habitat is used for purposes incompatible with their residence. [xvii] This group of environmentally‐displaced persons is usually permanently dislocated Similarly, the United Nations Inter-Agency Standing Committee (IASC)[xviii] has offered a classification of four categories of climate change impacts[xix]: (a) hydro-meteorological disasters (for example, flooding, hurricanes/typhoons/cyclones, mudslides); (b) environmental degradation and slow onset extreme hazard events (for example, reduction of water availability, desertification, recurrent flooding, salinisation of coastal zones); (c) significant permanent losses in state territory, for example as a result of sea-level rise (for instance, the case of “sinking” small island states); and (d) armed conflict over shrinking natural resources (for example, water, food) owing to climate change. Aptekar by citing Smith distinguished between five potentially hazardous environmental events of an a) atmospheric (rain, hail, storm, hurricane, tornado); b) hydrologic (floods, drought); c) geologic (landslides, earthquake, volcanic eruption, rapid erosion); d) biologic (epidemic, forest fires); and e) technologic (air crash; industrial explosion, nuclear power plant failure, collapse of buildings, germ, nuclear warfare) nature. [xx] On the basis of duration taken place by disaster table 1[xxi] classified the Rapid onset and Slow onset disasters and their changing impacts which is based on classification as used by the International Disaster Database (EM-DAT). [xxii] Environment degradation in India is too causing mass displacement. Across India, the frequency of “hot days” has been increasing gradually while the frequency of “cold days” shows a significant drop during the pre-monsoon season over the 1970–2005 periods. [xxiii] As climate change is expected to worsen over the coming decades, the average temperature of “hot days” will increase and annual mean surface air temperatures will rise to between 3.1°F (1.7°C) and 3.6°F (2°C) by the 2030s. Hotter and more humid conditions in the Northeast will allow for the proliferation of malaria-carrying mosquitoes. [xxiv]

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Region wise environment and climate changes and its future impact on ecology as well as on humans are figure out in table 2 by the Ministry of Environment & Forests, government of India in its report. [xxv] Cutting trees for development projects too causing serious harm on environment and result in to sudden disasters. Flood in Uttarakhand was burning example of it. Though nearly four months after the Uttarakhand floods, Environment and Forests ministry has formed an expert committee to study whether the environmental degradation caused by hydro-electric projects on Alaknanda and Bhagirathi rivers led to the disaster. The committee will make a detailed study and evaluate as to how far the projects have contributed to the aggravation of damage caused by downstream floods. [xxvi] Numbers of Displaced Person Every year 30 million people worldwide are forced to move because of serious degradation of environmental conditions, natural disasters and depletion of natural resources. [xxvii] According to global estimates of The Internal Displacement Monitoring Centre (IDMC), Norwegian Refugee Council, in 2012, an estimated 32.4 million people in 82 countries were newly displaced by disasters associated with natural hazard events. Over five years from 2008 to 2012, around 144 million people were forced from their homes in 125 countries. Around three-quarters of these countries were affected by multiple disaster-induced displacement events over the period.[xxviii] The vast majority of this displacement (98 per cent in 2012; 83 per cent over five years) was triggered by climateand weather-related hazards such as floods, storms and wildfires. 2012 had the lowest level of displacement due to geophysical disasters for five years; around 680,000 people were displaced by earthquake and volcanic eruption disasters.[xxix] Various researchers suggested different numbers of displaced person on the basis of their studies, like elHinnawi [xxx] estimates there are already some 30 million environmental refugees, while Director of UNEP Klaus Toepfer predicts there will be 50 million by the end of 2010 and the IPCC predicts 150 million environmental refugees by 2050 – equivalent to 1.5% of 2050’s predicted global population of 10 billion.[xxxi] Christian Aid have postulated that a billion people could be permanently displaced by 2050 – 250 million by climate change-related phenomena such as droughts, floods and hurricanes and 645 million by dams and other development projects.[xxxii] According to the Stern Review, commissioned by the UK Treasury, agrees it is likely there could be 200 million displaced by 2050.[xxxiii]

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The most generally quoted figure is that of 200 million persons displaced by the year 2050.[xxxiv] Emphasizing on Asia, in 2012, 22.2 million people in 22 countries were displaced by disasters. This included the five countries worldwide where the most people were displaced during the year and 14 out of the top 20 largest displacement events. India had the most new displacement worldwide in 2012 (9.1 million) and the second highest number of displaced over 2008-2012 (23.8 million). [xxxv] Further not taking into account displacement due to armed and ethnic conflict, India is estimated to have the highest number of people displaced annually as a result of ostensible ‘development’ projects. Independent experts estimate the number of those displaced by such projects since India’s independence (1947), at between 60 and 65 million.[xxxvi] This amounts to around one million displaced every year since independence. Of these displaced, over 40% are tribals and another 40% consist of Dalits and other rural poor.[xxxvii] The vast majority of the displaced have not received adequate resettlement. The National Human Rights Commission’s (NHRC) stakeholders’ report for India’s second Universal Periodic Review (UPR) states that “NHRC’s monitoring finds that usually those displaced are given neither adequate relief nor the means of rehabilitation”.[xxxviii] In absence of a specific central government agency charged with monitoring the number of EIDPs, official statistics on the exact number of EIDPs in India are missing. Civil society estimates of internally displaced persons are region specific, and therefore cannot be helpful in establishing a precise overall number of IDPs living in India. Conservative estimates by IDMC place the number of IDPs displaced by armed conflict and violence in India at around 506,000 as of December 2011.[xxxix] This number includes IDPs living in camps alone, while, it is believed that majority of IDPs in India live outside camps.[xl] IMPACT OF DISPLACEMENT Climate change will significantly affect migration in three distinct ways. First, the effects of warming and drying in some regions will reduce agricultural potential and undermine ‘ecosystem services’ such as clean water and fertile soil. Second, the increase in extreme weather events – in particular, heavy precipitation and resulting flash or river floods in tropical regions – will affect ever more people and generate mass displacement. Finally, sea level rise will permanently destroy extensive and highly productive low-lying coastal areas that are home to millions of people who will have to relocate permanently. [xli]

For many people forced to relocate due to changes in environmental conditions, returning home is not an option [xlii] and resettlement may only be possible outside of their home nation. a large number of people “can no longer gain a secure livelihood in their homelands”.[xliii] The degradation of ecosystems, and/or demand for resources in excess of available supply, can lead to chronic poverty and hunger, high levels of communicable diseases, conflict and adaptation, or to coping strategies that include temporary or permanent migration. While natural hazards such as hurricanes and floods can affect entire nations or regions, the most dramatic impacts typically fall disproportionately on the most vulnerable (in terms of location and socio-economic status). In addition, when natural hazards abruptly destroy livelihoods, return, recovery and reintegration are not always possible. [xliv] Population growth too puts stress upon environmental and threatens human lives mainly in two ways. First, an increase in population means demand for more food production, more land, more energy, more water and more forest products. As a result, the per capita availability of a resource gets reduced. It also eats away any increase in development and productivity. Second, population growth contributes to environmental damage. Extremely high population density strains the existing natural resources due to their overuse. As population grows, so do economic activities in order to keep pace with demands. This, in turn, leads to decline in the quality/productivity of those resources. [xlv] High population density in these areas, combined with lack of knowledge and capital to protect local resources, causes severe environmental damage and chronic poverty. Economic and spatial marginalisation caused by everyday environmental change typically increases the vulnerability of the poor to episodic change, breaking down previous defence mechanisms against ecological stress.[xlvi] L. Hens[xlvii] has characterised the problem as: Environmental degradation is a driving factor in causing refugees, both within and between countries; Environmental degradation in relation to migration is often the consequence of multiple factors; Seldom does the environment act alone. Environmental causes precede, amplify or underlie other causes of refugees: political and/or religious oppression, economic collapse, military and/or civil terror and/or war; Environmental security threatens not only human existence but also the peace and stability of regions around the world, especially (but not only) in poor countries.


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Table 1: Classification as used by the International Disaster Database (EM-DAT) [xlviii]

Rapid onset

Slow onset

Geophysical Earthquakes and tsunamis, volcanic eruptions, dry mass movements (rock falls, landslides, avalanches, sudden subsidence) Long-lasting subsidence Volcanic mud flow

Weather or climate-related Meteorological Hydrological Storms: tropical, Floods: flash, coastal, winter, tornados, riverine, snow melt, snow and sand damreleases; wet mass movements: landslides,avalanches, sudden subsidence

Challenges related to migration and the environment include rapid urbanisation and sprawl, deforestation, soil erosion, agro-chemical pollution, water shortages, abandonment of rural areas, declining health and physical resilience, unsustainable agricultural and production systems, difficulties in building effective governance systems and the effects of migrants on source and destination communities and ecosystems.[xlix] Being a most vulnerable group such as women, children, the elderly, persons with disabilities and indigenous peoples in the poorest countries are exposed to cumulative vulnerabilities and require special consideration.[l] More so to cope with environmental degradation every country is to required more to spend. A new report released by the World Bank estimates that environmental degradation is costing India around 5.7% of its GDP every year. The annual cost of environmental degradation in India amounts to about Rs 3.75 trillion ($80 billion) equivalent to 5.7% of GDP," stated the report. Among the highest to blame was pollution, mainly outdoor pollution arising from particulate matter that was largely due to the burning of fossil fuels along with the losses due to the lack of access to clean water supply, sanitation and hygiene, stated the report.[li] On upcoming impacts, the Centre for Global Development study projects that nearly 40 million people in India – more than in any other country – are at risk of dying from rising sea levels by 2050. Another estimate stated that because of rising temperatures, India’s agricultural productivity could fall by 30 to 40 percent by 2080. [lii] Impact upon EIDPS Whenever any population displaced internally due to any of the events of environment degradation they faces grave hardship and their hardship addressed by the Office of the High Commissioner Human Rights

Sea-level rise

Climatological Extreme winter conditions, heat waves, wild fires

Drought (with associated food insecurity)

in 2005 [liii] as follows: (a) International assistance is denied access to victims of disasters or is subject to restrictions, while authorities are unable or unwilling to provide adequate assistance to their population (b) IDPs face discrimination in the distribution of humanitarian and reintegration assistance, in particular in areas with pre-existing patterns of discrimination or ethnic conflict (c) IDPs are forcefully directed into, and confined in, temporary shelters or camps, to facilitate the delivery of humanitarian assistance and ensure their security (d) IDPs are evicted from the shelters or settlements that they seek out on their own, without adequate provision of alternative accommodation (e) IDPs in camps find themselves living in crowded, unsanitary conditions where food and other necessities may be scarce, and with risks of violence, theft and other crimes against and among the camp residents (f) The military involvement in the initial rescue and humanitarian response increases risks of sexual exploitation and abuse, as well as children's military recruitment, among displaced communities (g) Displaced women and children face heightened vulnerability to sexual and gender-based violence, or trafficking (h) Children are separated from their family (i) Displaced children lack access to school, as a result of destruction and damage to schools, difficult transport conditions, lack of school uniforms and lack of teachers (j) IDPs have lost their personal documentation, leading to the denial of access to social services (k) IDPs, in particular women, find themselves excluded from the planning about the location and layout of camps and settlements, the planning of aid distribution, etc. (l)IDPs are prevented from returning home to areas declared "security zones" or exclusion zones", where reconstruction is forbidden; or IDPs are pressed to return by the authorities to demonstrate normalisation (m) IDPs have lost their properties and face obstacles to reclaiming them, for example in areas where landmarks for demarcation have been wiped out, or when property records have been destroyed.

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Table 2: Potential climate change impacts on regions in India (projecting out to 2030) Climate changes • Increase in temperature

Ecological impacts • Increase in forest fires • Increase in glacier melt

Northeastern region

• Increase in temperature • Decrease in winter precipitation • Increase in intensity of summer precipitation • Increase in night-time temperature

Western Ghats

• Increase in temperature • Increased rain in the northern region • Decreased

Coastal zone

• Temperature rise • Increase in sea surface temperature • Increase in rain fall intensity • Rising sea levels • Increase in intensity of cyclones and storm surges, especially in the East Coast.

• Increase in cereal production but decrease in rice production • Tea plantations affected by soil erosion • Increase runoff and landslides during summer rain • Decrease in yields in winter • Negative effects on cash crops such as tea and coffee due to unpredictable rain • Flooding and soil erosion caused by increased rainfall • Decrease in coconut production • Salt intrusion affecting habitats, agriculture, and availability of fresh drinking water • Submergence of key habitats and ecosystems, including mangroves

Himalayan

Human impacts • Loss in wood and other forest fuel used for heating in the cold season leading to deaths due to extreme cold • Flash floods leading to largescale landslides and therefore loss of agriculture area, threatening food security • Increase in incidence of malaria due to new transmission windows at higher latitudes • Unemployment due to smaller crop yields • Increase in malaria due to temperature and humidity increases

• Loss in lives and livelihoods due to unprecedented flooding • Unemployment due to impact on cash crops in the region • Increase in water borne diseases associated with cholera epidemics and due to salinization of water. • Impact on employment due to changes in agriculture, tourism, and fishing sectors • Forced migration due to loss of housing and drowning due to sea-level rise


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DISPLACEMENT THREAT TO HUMAN SECURITY & INTERNAL SECURITY

problems like global warming, ozone depletion, and threats to biodiversity.

Now the world has started to realise that conflicts either internal or cross boarder may arise not only because of political and military threats; they may derive also from environmental degradation. The concept of security has expanded during the last decade and that issues such as human security or collective well-being have become more and more crucial.

He further concluded stated that scarcity of renewable resources … can contribute to civil violence, including insurgencies and ethnic clashes” and he predicted that in the future “such violence will probably increase as scarcities of cropland, freshwater, and forests worsen in many parts of the developing world”, where the role of scarcity will be “often obscure and indirect”, interacting with political, economic and many other factors. [lvii]

Mass population flows, caused by scarcity of resources coupled with state mismanagement and poor governance can lead to instability and provoke conflict situations. Such conflicts could result in population displacement and, more generally, could reduce global political stability and human security.[liv] According to Biermann, F. and Boas, I. resource mismanagement by environmental migrants in areas of destination can increase the likelihood of conflicts. Contention can arise over diminishing resources available, including fishing waters, freshwater supplies and fertile land, and increase disputes over rights of property use. Frustration, despair and hostility can easily explode into violence in countries comprised of a patchwork of different ethnic, linguistic, religious and ideological groups. Since most environmental migrants are likely to remain in their home countries, such conflicts are more likely to be internal than international.[lv] Climate change poses risk to human security, principally through its potentially negative effects on people’s livelihoods. It is useful to think of climate change as a threat multiplier, namely as a factor that can work through several channels to exacerbate existing sources of conflict and insecurity. UN Secretariat, based on submissions of Member States and relevant organizations figure out in Figure1. Figure 1 has systematically drawing out major threat multiplier and also concluded with threat minimisers. Further, Homer-Dixon [lvi] while establishing the linkages between environment, scarcity, and violence draws five future types of likely violent conflicts that third world countries will be less able to prevent: 1) Disputes arising from local environmental degradation; 2) Ethnic clashes arising from population migration and deepened social cleavages due to environmental scarcity; 3) Civil strife caused by environmental scarcity that affects economic productivity and people’s livelihoods. 4) Scarcityinduced interstate war, e.g. over water. 5) NorthSouth conflicts (i.e., conflicts between the developed and developing worlds) over mitigation of, adaptation to, and compensation for global environmental

From Indian perspective R.K. Pachauri [lviii] stated that, ‘Environmental stress’ – an important factor in this equation – is caused both by environmental resource scarcity (deforestation) and also by environmental resource degradation (polluted water). Economic vulnerability and resource dependency play key roles in the link between environmental change and the potential for violence and insecurity in the developing world. Developing countries also usually lack the infrastructure and institutions to respond to crises, thereby increasing the chance of violence. He further pointed out five linkages between poverty and natural resource stress: First, the continuing struggle to provide food and basic needs is increasing land degradation in the developing world. … Second, worsening pollution increasingly impacts air quality, with vehicular traffic and industrial expansion the key contributors. Acid rain resulting from such pollution has become a critical issue in the South Asia region. Third, world climate change that has led to a rise in both temperature and sea level holds dire consequences for South Asia coastal regions. In Bangladesh, for example, hundreds of people are killed every year by a monsoon and flood cycle, which has become more severe due to changes in sealevel and climate changes. Fourth, both water quality and quantity are at risk due to land-use changes, deforestation, and polluted waters both locally and across national borders. [lix] Climate change is increasingly been called a ‘security’ problem, and there has been speculation that climate change may increase the risk of violent conflict. IPCC through their various researches demonstrated that climate change is and will increasingly have dramatic impacts on ecological and social systems. [lx] Many kinds of environmental changes such as coastal erosion, declining precipitation and soil moisture, increased storm intensity, and species migration, climate change poses risks to human security. [lxi] Human security therefore concerns human wellbeing, and the opportunity and capacity to ensure human life and the dignity associated with that life.

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Specifically, the UNDP specifies two main aspects of human security: one, safety from chronic threats like hunger, disease and repression, and two, protection from sudden and harmful disruptions in daily life patterns. It further includes Economic security, Food security, Environmental security, Health security, Personal security, Community security, Political security, Cultural security. [lxii] When person displaced all above types of security converted in to insecure one. Many case studies, for example from Northern Pakistan [lxiii], South Asia [lxiv], the Niger Delta [lxv], the Pacific Islands [lxvi] and Ethiopia [lxvii] show that marginalised people are vulnerable to environmental change, and it all helps substantiate the argument that climate change poses significant risks to human security in many parts of the world. Environmental change can be a significant factor that undermines human security. Human Security framework demands focus on the most vulnerable to climate change because they will experience the “first and worst” of climate effects. [lxviii] Cernea’s impoverishment risk and reconstruction model proposes that ‘the onset of impoverishment can be represented through a model of eight interlinked potential risks intrinsic to displacement’. These are: Landlessness; Joblessness; Homelessness; Marginalization; Food Insecurity; Increased Morbidity and Mortality; Loss of Access to Common Property; Social Disintegration; Loss of Access to Community Services; Violation of Human Rights. [lxix] Economists Sheetal Sekhri and Adam Storeygard while analysing nationwide rainfall, crime and dowry data, found that domestic violence and dowry deaths in India rose in periods of lower-than-normal rainfall. For instance, a one-metre rainfall deficit led to a 37% spike in dowry deaths. “Dowry deaths are used to increase income in time of economic distress, as these killings give households access to a large dowry payment”. [lxx] David Blakeslee and Ram Mukul Fishman examined data from three decades (1970- 2000) and found only property crimes increased in times of abundant rainfall. Rainfall shocks increased the incidence of most crimes, including burglary, banditry, rape, riots and murder. [lxxi] Researchers from Princeton University and the University of California-Berkeley report [lxxii] that even slight spikes in temperature and precipitation have greatly increased the risk of personal violence and social upheaval throughout human history. Projected onto an Earth that is expected to warm by 2 degrees Celsius by 2050, the authors suggest that more human conflict is a likely outcome of climate

change. They found that while climate is not the sole or primary cause of violence, it undeniably exacerbates existing social and interpersonal tension in all societies, regardless of wealth or stability. Most of India and the subcontinent faces the prospect of three- to four-deviation shifts in climate by 2050, which implies a 42% to 56% rise in the risk of civil war, riots or ethnic conflict.[lxxiii] Understanding of evolution of any environmental induced conflict is necessary to proper address of problem and their mitigation. Diehl and Gleditsch [lxxiv] point out eight main steps which enable to understand how a society passes to reach the level of eco conflict and same will be worth to discuss here: Stage I (Overpopulation Pressure): Population pressures increase due to dense human settlements, and stem from high birth rates, increasing urbanization, and the continuing influx of foreign migrants. Stage II (Growing Demands): As population increases, human activities, per capita resource consumption, standard of living, and human wastes escalate. Additionally, the average individual’s level of consumption or affluence is raised further by resource consumption and pollution-generating technology development. Homer-Dixon [lxxv] (1991 and 1994) claim resource scarcity as a main cause that can lead to three types of conflict: simple scarcity conflict (where at least two states or groups engage in violent conflict or warfare), group identity conflict (where groups are displaced from a resource scarce region to another region, resulting in tension and conflict), or relative deprivation conflict (where one group feels deprived of a resource relative to other groups). Stage III (Environmental Stress): Increasing population and their growing demands increase resource shortages and environmental damage through a vicious cycle – when the resource supply becomes scarce or less accessible, then it requires excessively high costs and greater environmental damage in order to provide resources for additional people. Stage IV (Competition and Tension): Environmental stress, including scarcities and degradation, instigate competition among the affected population (local people and migrants) within a society, generating political and social tension. During times of competition over ecological resources, the affected country’s people usually become more self-conscious and self-assertive of their group identity. Stage V (Distribution Disorder): Growing competition over scarce resources places regimes under heavy stress concerning the ‘orderly’


distribution of insufficient resource supplies among an increasing population. The greater the scarcity, the more likely is a breakdown of the distribution order. This is because advantaged groups, often including government elite members, wield their power to monopolize the valued at the expense of other groups. Stage VI (Environmental Destruction): Without appropriate measures to prevent overuse and pollution of renewable resources, ecological stress passes a threshold of irreversibility. Even if the environmental condition is partially reversible, it will be a prohibitively long and costly process. Stage VII (Economic Decline): Environmental destruction such as depletion of fish stocks, decreases agricultural and industrial production and causes a lowering of average living standards and further impoverishment and malnutrition within developing societies. Stage VII (Social Disintegration): Normally, environmental destruction and economic woes have the following social effects before producing violent conflict: disruption of authoritative political, financial, and legal institutions and accepted social relations; the spread of relative deprivation and frustration due to unequal distribution of both ecological resources and economic goods; and population displacement including mass migration of rural workers into cities or across the national borders. Stage IX (Eco Conflict): Environmental destruction and its disruptive effects not only create conflicts but also protract ongoing internal disorders. Since conflict is a ‘process’ and not a one-time event, environmental issues can add a new dimension to enduring social or ethnopolitical disputes. Latest cyclonic activities of Phailin and Typhoon in Philippines are ready examples of it which have already taken so many lives and displaced thousands of people. Survivors of the typhoon which has decimated the Philippines have been looting and foraging "like zombies" in their desperate search for food and supplies. Just 20 out of 390 police officers reported for duty after the typhoon hit, and many locals have descended into a state of lawlessness in the absence of aid. [lxxvi] Some of districts in Odisha too faces the same Barnett and Adger summarise the growing consensus as follows: “Climate change will effect some major environmental changes which, when superimposed on existing environment and development problems, may result in security problems for some individuals, social groups, and countries. It may undermine human security by reducing access to, and the quality of, natural resources that are important to sustain

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livelihoods….It may be one among numerous coexisting factors that contributes to violence”[lxxvii] RIGHTS, PROTECTION & THE PROTECTION GAPS Each and every EIDP’s whether internal or international are entitled to all human rights. Human Rights such as the right to life, the right to water, the right to freedom of expression, the right to health, the right to food, the right to an adequate standard of living, the right to political participation, the right to information, the right to be free from discrimination, the right to equal treatment, the right to security of the person are utmost necessary for any EIDPs. The general instruments in this context are the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the 1981 Convention on the Elimination of All Forms of Discrimination against Women and the 1989 Convention on the Rights of the Child. In particular, Article 3 of the Universal Declaration of Human Rights proclaims that “everyone has the right to life, liberty and the security of person”. [lxxviii] Whereas Article 25 of the Universal Declaration of Human Rights provides that, “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness . . . or other lack of livelihood in circumstances beyond his control. [lxxix] The right of access to information is also an indispensible tool to enable EIDPs to assert their rights to protection and assistance. This right enshrined in Article 9 of Universal Declaration of Human Rights [lxxx] and in ICCPR [lxxxi] as well. Three international human rights instruments are specifically and significantly relevant: the United Nations Guiding Principles on Internal Displacement [lxxxii]; the Great Lakes Pact including its Protocol on Protection and Assistance to Internally Displaced Persons, and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (“the Kampala Convention”). The 1998 Guiding Principles on Internal Displacement is widely recognised not least because, as we have noted, the majority of people who are, and are likely to be, displaced by changing environmental conditions will move within their own countries. The Guiding Principles therefore offer a valuable set of legal norms which could afford rights protection to such environmentally displaced people.

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Figure 1: Major threat multiplier and threat minimisers Although not legally binding, in September 2005 heads of state and governments assembled at the World Summit in New York recognised the Guiding Principles as “an important international framework for the protection of internally displaced persons.” [lxxxiii] The Brookings-Bern Project [lxxxiv] on Internal Displacement posit that the Guiding Principles include the right to: dignity and security; participation in decision making in relation to displacement, return or relocation; move, remain together as a family/household or to be reunited if separated; other basic rights including the right to life, food and housing and non-discrimination against IDPs in distributing assistance. IDPs are recognised in paragraph 2 of the introduction to the Guiding Principles as: Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. The African Union Convention on the Protection of and Assistance to internally displaced persons (also

known as the Kampala Convention) [lxxxv] has important implications for the protection of those uprooted from their homes and livelihoods as a result of environmental factors. The Convention seeks to prevent and mitigate displacement; provides for the protection and assistance of persons displaced as a result of natural disasters and climate change; and calls on states to create condition for sustainable and lasting solution to the problem of internal displacement. It provides for the establishment of national and regional mechanisms for early warning, disaster risk reduction and for coordination of humanitarian assistance. These instruments each recognise that to maximise the effectiveness of protection and assistance for IDPs, the state must: collect information about the needs of IDPs; seek the participation from IDPs in all policy and decision-making affecting them, and disseminate information to IDPs about their rights and allow access to publicly held information. Furthermore Environmental security and displacement have been addressed in several other international documents like the Brundtland report [lxxxvi] and the UN Conference on Environment and Development in Rio de Janeiro, 1992, [lxxxvii] pointed to environmental degradation as an important underlying cause for mass migration. Agenda 21


[lxxxviii] calls for increased research to identify “the major migration flows that may be expected with increasing climatic events and the cumulative environmental change that may destroy people’s local livelihoods.” Environmental degradation is identified as one cause for the movement of people by the Programme of Action of the UN International Conference on Population and Development in Cairo, 1994. [lxxxix] Earlier in 1972 the Stockholm Declaration provides for the “fundamental right to ... an environment of a quality that permits a life of dignity and wellbeing”. [xc] The United Nations Environment Programme (UNEP) has reported that environmental damage has been a major cause of political unrest and conflict. While there is work to be done to more accurately determine the nature and extent of the link between environmental degradation, poverty and political and social conflict, the logic of some form of connection appears to be undeniable. [xci] A range of other treaties, together with a vast array of equally important instruments and interpretive standards such as the UN Committee on Economic, Social and Cultural Rights General Comment No. 4 on the Right to Adequate Housing (1991), General Comment No. 7 on Forced Evictions (1997), the UN Guiding Principles on the Rights of Internally Displaced Persons (1998), the UN ‘Pinheiro’ Principles on Housing and Property Restitution for Refugees and Displaced Persons (2005) and many others, reveals a very considerable body of international human rights laws and standards which can and should be used by Governments to build the legal, policy and institutional frameworks required to provide rights based durable solutions to the displacement caused by climate change. [xcii] There are also various “subsidiary” norms and instruments which afford different forms of human rights protection for migrant groups either directly or indirectly, for example the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1989 Convention on the Rights of the Child, the 1981 Convention on the Elimination of All Forms of Discrimination against Women and the 1991 ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries. [xciii] The OHCHR report [xciv] was also addressed the problem and noted that the following rights may be effected by climate change: the right to life, the right to adequate food, the right to water, the right to health, the right to adequate housing, and the right to self-determination, and rightfully emphasises further that “persons affected by displacement within national borders are entitled to the full range of human rights guarantees by a given state, including

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protection against arbitrary or forced displacement and rights related to housing and property restitution for displaced persons”. At regional level too Recommendation 1631(2003) [xcv] on internal displacement in Europe, the Assembly expresses its continued support to the humanitarian action and normative frameworks developed over the last decade to protect the internally displaced persons through the Guiding Principles on Internal Displacement. Small nation like Kenya has drafted a National Policy on the Prevention of Internal Displacement and the Protection and Assistance to Internally Displaced Persons in Kenya, 2009. Significantly, the document acknowledges environment and climate as paramount causes of displacement, although it focuses especially on displacement induced by natural disasters rather than slow-onset displacement drivers. [xcvi] After the 1972 UN Conference on Environment and Human Development at Stockholm, the Indian government incorporated Articles 48A(It states that ‘The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country’.), Article 51A (g) (This article imposes a responsibility on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures’. ), and 253(It (read with entry 13 of the Union list) provides power to the Centre to make laws implementing India’s international obligations and also any decision made at international conference.), to the Indian Constitution. On the basis of these Articles, the Indian Parliament enacted the Prevention and Control of Pollution Act, 1981 (Air Act), and the Environmental Protection Act of 1986. The Indian Constitution provides that the Centre may enact laws on State list, after receiving consent from the respective states (For example, The Water (Prevention and Control of Pollution) Act, 1974 was enacted by the Parliament after consent resolutions were passed by 12 State Legislatures. But the biggest question is: are these instruments efficient and sufficient to protect the interest and rights of EIDPs in India? The Protection Gaps Climate change, environmental degradation and migration are among the key topics that dominate the international and national political arena today. The complex interdependence between these phenomena and the potential consequences of the failure to tackle them in time are beginning to attract increasing public and scientific attention. Yet manifested political commitments to the pursuit of sustainable development, environmental protection and the respect, protection and fulfilment of human rights –

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and even more so to their inter-linkages – are often limited by narrow geopolitical interests when action becomes necessary. [xcvii] Even having so many International protection and operational frameworks still at ground level they are deficient, leaving several categories of people forced to flee or seek safer existence without effective national or international protection. No one should have any doubt about the fact that EIDPs constitute a specific category of people in need of special assistance, protection and development aid which is not always recognised by the governments concerned. Their legal status is not always clear, their specific rights are often poorly defined, their fundamental freedoms are sometimes violated and their humanitarian situation is mostly precarious. The issue of internally displaced persons has both humanitarian and human rights dimensions and often not recognised properly and made available. Birkeland claims that environmental factors are seldom given due attention and that in many situations of displacement there are immense differences between those whom the displaced themselves perceive as displaced and whom the external factors will include in their mandates. Hence, she concludes, it is important to secure an inclusive understanding of the IDP category rather than trying to fit displaced into separate categories such as environmental or climate refugees in order to secure rights and assistance. [xcviii] Responsibility to protect the people is also a major policy concern. The first Special Representative of the Secretary-General on IDPs, Francis Deng, developed a concept of sovereignty as responsibility to protect (R2P). There is still not one mandated agency for the protection of and assistance to IDPs, but UNHCR now has a special role and accountability as cluster lead. According to the Internal Displacement Monitoring Committee’s (IDMC) Global Overview, a significant number of IDPs still suffer from a protection and assistance deficit. [xcix] Since most forced migration will probably be internal and regional, resettlement and financial obligations are other important aspects of burden-sharing. A new international environmental migration fund could provide the financial basis for measures to deal with the forced migration. [c] In India, there is no national policy, legislation or other mechanism to respond to the needs of people displaced by armed conflict or generalised violence. The central government has generally devolved responsibility for their protection to state governments and district authorities, which are doing

precious little to respond to the rights of IDPs. What makes matters worse is that no Ministry or agency at the central level is mandated to ensure the protection of IDPs and monitor their return or local integration. [ci] In words of Kofi Annan, “As we look ahead, we can see real risks that resource depletion, especially fresh water scarcities, as well as severe forms of environmental degradation, may increase social and political tensions in unpredictable but potentially dangerous ways. These new security challenges require us to think creatively and to adapt our traditional approaches to better meet the needs of our new era.” [cii] There are so many policies and implementing gaps specially concerning India; can be summarised as: (a) failure to address environmental induced internal displacement; (b) poor institutional collaboration and coordination of ministries, agencies; (c) lack of government institutional capacity and resources – qualified staff, finance, logistics and equipment; (d) lack of decentralization of strategy and policy making; (e) lack of technical expertise especially in the area of environmental law; (f) lack of adequate data of EIDPs; (g) Less emphasis on research related to EIDPs. (h) Major focus on rapid-onset disasters displacement and lesser on slow-onset environmental displacement; (i) Agencies responsible for the protection of internal security are not adequately knowledge about environmental security. (j) A protection gap is most marked in what governments do (or fail to do), in terms of specifying and protecting rights before displacement (i.e. rights related to mitigation, adaptation and resilience strategies) and after displacement (i.e. rights related to return and, more especially, related to resettlement). CONCLUSIONS Many causes like creation of dams, artificial reservoirs, hydropower plants and irrigation projects, development of communication networks, urbanization and urban transformation, deforestation, Wildfire and earthquake generated tsunamis, mining, oil exploitation, natural disasters, man-made industrial accidents and pollutions etc. are main responsible factors which affects environment as well as lead to displacements of millions of people. Environmental induced displacement undermines human security and internal security Literature reflects Environmental degradation and stress due to heavy population inflows either sudden or slowly, on a particular place become an important factor for scarcity of resource which imbalance the demand-supply chain and aggravates the confrontation. Further result in to survival crimes.


Environmentally induced internal displaced people (EIDP) people are become vulnerable as they insecure in many ways. Varieties of insecurity to human wellbeing pose risk to internal insecurity. This is the major reason why climate change is of great concern to many people. Extensive empirical research is required on this issue so that effective mechanism can be evolved to fight with Environment degradations and protection of EIDPs. Environmentally induced internal displacement is becoming one of the major policy as well internal security challenges of this century and India too is facing the same. Often National protection and operational frameworks are deficient. All in all, large numbers of environmentally induced internal displaced people (EIDP) are supposed to threaten the human security as well as internal security of any state. Such people put stress upon resources of land where they reached and often indulge in Survival crimes. EIDP’s also prone towards crimes on them. Further these create complex environmental, humanitarian, and non traditional internal security challenges. In author’s humble opinion this paper may help to frame a policy in protection of the EIDP’s rights of EIDPs, strengthening in agencies that are responsible to protect internal security by way of protecting Environments. SUGGESTIONS In this respect more specific recommendations are as follows: (a) Develop a comprehensive national strategy on EIDPs which addresses all problems of them and also mitigation, assistance and aid. (b) Mechanism to develop accurate, efficient and disaggregated data of EIDPs. Data related vulnerable group like women, handicap, aged people and sick should be collected separately. (c) International and regional organizations should pool their resources and draw on the most sophisticated surveillance technology to establish a reliable early wanting system for environmental risks. (d) Recognise environmental insecurity with respect to threat for internal security. (e) Countries should sign up the Guiding Principles for Internal Displacement. (f) Adequate funding required for relief, recovery and development programmes in situations of mass environmentally induced internal displacement (g) Required greater support to national disaster preparedness and response agencies (h) Required Environmental Security training programme for agencies responsible for the protection of Internal security (i) Greater cooperation between agencies responsible for environmental protection to stop environment crimes. (j) At regional level existing law and protection possibilities should be further

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investigated to identify and address protection gaps in environmentally induced internal displacement. (k) Separate wings like environment policing to deal with Environment crimes using Environment forensic and other latest technology can be another best option, if existing cannot be turn in to. ACKNOWLEDGEMENT Author is thankful to Sh. O.P. Mathur, (Director General), Sh. Vikas Sahay (Deputy Director General), Dr. (Mrs) S.L. Vaya (Director, R& D) and Sh. Dheerej Parikh (Registrar) of Raksha Shakti University, Ahmadabad for their unconditional support in all respects. Further acknowledgment to my dear friends Dr. Nidhi Saxena and Dr. Arun Panda for their valuable inputs to complete this research paper. REFERENCES [i] In Sachidananda Pandey Vs. State of West Bengal (1987 (2) S.C.C. 295, The Supreme Court of India rightly quoted a German Philosopher while dealing with the importance of environment. [ii] Displacement solutions, (2009) Climate Change Displaced Persons And Housing, Land And Property Rights Preliminary Strategies For Rights-Based Planning And Programming To Resolve ClimateInduced Displacement, Retrieved from www.displacementsolutions.org [iii] Biermann, F. And Boas, I. (2007), ‘Preparing for a Warmer World. Towards a Global Governance System to Protect Climate Refugees’ Global Governance Working Paper No 33 – November 2007, Retrieved from http://www.sarpn.org.za/documents/d0002952/Climat e_refugees_global_governance_Nov2007.pdf [iv] Fisher P Brian (2009), Global Climate Change in a Social Justice context, (Chapter 1 of the dissertation,” Reframing Global Climate Change: A Duty to Adapt for Vulnerable Communities, University of California, Irvine. [v] Arpita Bhattacharyya and Michael Werz (December 2012) Climate Change, Migration, and Conflict in South Asia Rising Tensions and Policy Options across the Subcontinent, The Center for American Progress, Retrieved from www.americanprogress.org [vi] De Moor, N. And Cliquet, A. (2009) ‘Environmental Displacement: a New Security Risk for Europe?’ Paper written for the Conference ‘Security Insecurity and Migration in Europe’ at the University of Leicester, 18‐19 September 2009. [vii] Myers, N. (1997) ‘Environmental Refugees’ 19 Population and Environment 167. Myers, N. (2004) ‘Environmental Refugees: a Growing Phenomenon of the 21st Century’, Conference Paper 2004, Retrieved

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from:http://www.envirosecurity.org/conference/worki ng/EnvironmentalRefugees.pdf. [viii ]Bates, DC (2002) ‘Environmental Refugees? Classifying Human Migrations Caused by Environmental Change’ 23 Population and Environment 465. Williams, A. (2008) ‘Turning the Tide: Recognizing Climate Change Refugees in International Law’, 30 (4) Law & Policy 502. Conisbee, M. And Simms, A. (2003) ‘Environmental Refugees: the Case for Recognition’ New Economics Foundation, Retrieved from: http://www.neweconomics.org/gen/uploads/lpce0g55 xjx5eq55mfjxbb5523102003180040.pdf. [ix] Steve Lonergan, Environmental Degradation in Population Displacement, Envtl. Change & Security Project Rep. 5, 9 (Spring 1998), Retrieved from http:// www.wilsoncenter.org/topics/pubs/ACF26C.pdf; Jessica Cooper, Note, (1998) Environmental Refugees: Meeting the Requirements of the Refugee Definition, 6 N.Y.U. Envtl. L.J. 480, 503; Suzette Brooks Masters, (2000), Environmentally Induced Migration: Beyond a Culture of Reaction, 14 Geo. Immigr. L.J. 855, 863 [x] Gregory S. McCue, (1993), Environmental Refugees: Applying International Environmental Law to Involuntary Migra-tion, 6 Geo. Int'l Envtl. L. Rev. 151, 152 [xi] Gregory S. McCue, (1993), Supra note 10 [xii] Gregory S. McCue, (1993), Supra note 10 [xiii] Jay E. Austin & Carl E. Bruch (2000), The Environmental Consequences of War: Legal, Economic, and Scientific Perspectives; see also Jeremy Leggett, The Environmental Impact of War: a Scientific Analysis and Greenpeace's Reaction, in Environmental Protection and the Law of War: A “Fifth Geneva” Convention on the Protection of the Environment in Time of Armed Conflict 68, 68-77 (Glen Plant ed., 1992) (discussing international law relevant to environmental protection in time of war and armed conflict); Tara Weinstein, (2005) Prosecuting Attacks that Destroy the Environment: Environmental Crimes or Humanitarian Atroci-ties?, 17 Geo. Int'l Envtl. L. Rev. 697, 698 [xiv] Bates, Dc (2002) ‘Environmental Refugees? Classifying Human Migrations Caused by Environmental Change’ 23 Population and Environment 465. Mccue, GS (1993) ‘Environmental Refugees: Applying International Environmental Law to Involuntary Migration’ 6 Geo.Int’l Envtl. L. Rev. 151.. Havard, B. (2007) ‘Seeking Protection: Recognition of Environmentally Displaced Persons Under International Human Rights Law’ 18 Villanova Envtl. L.J. 65. Keane, D. (2004) ‘The Environmental Causes and Consequences of Migration: A Search for the Meaning of

“Environmental Refugees”’ Georgetown International Environmental Law Review 209. [xv] Bates, DC (2002) supra note 14. Hong, J. (2001) ‘Refugees of the 21st Century: Environmental Injustice’ 10 Cornell J.L. & Pub. Pol'y 323. Keane, D. (2004) ‘The Environmental Causes and Consequences of Migration: A Search for the Meaning of “Environmental Refugees”’ Georgetown International Environmental Law Review 209. [xvi] Cooper, JB (1998) ‘Environmental Refugees: meeting the Requirements of the Refugee Definition’ 6 N.Y.U. Envtl. L.J. 480. LOPEZ, A. (2007) ‘The Protection of Environmentally Displaced Persons in International Law’ 37 Environmental L. 365. CONISBEE, M. AND SIMMS, A. (2003) ‘Environmental Refugees: the Case for Recognition’ New Economics Foundation, Retrieved from: http://www.neweconomics.org/gen/uploads/lpce0g55 xjx5eq55mfjxbb5523102003180040.pdf.) [xvii] Bates, DC (2002) supra note 14. [xviii] The Inter-Agency Standing Committee (IASC ) is a unique inter-agency forum for co-ordination, policy development and decision making involving the key UN and non-UN humanitarian actors. Retrieved from www.humanitarianinfo.org/iasc [xix] IASC , “Climate change, migration and displacement: Who will be affected?”, Working paper submitted by the Informal Group on Migration/Displacement and C limate C hange to the IASC Working Group, pp. 2-3. [xx] Aptekar, Lewis, 1994: Environmental Disasters in Global Perspective (New York: G.K. Hall). [xxi] Michelle Yonetani, Global estimates (2012), People displaced by disasters, May 2013, The Internal Displacement Monitoring Centre (IDMC), pg. 9, Retrieved from www.internaldisplacement.org [xxii] Maintained by the Centre for Research on the Epidemiology of Disasters (CRED), Brussels, Retrieved from www.emdat.be. [xxiii] United Nations, (2010) Department of Economic and Social Affairs-Population Division, Population Estimates and Projections Section, “World Population Prospects, the 2010 Revision”. [xxiv] Arpita Bhattacharyya and Michael Werz (December 2012) Climate Change, Migration, and Conflict in South Asia Rising Tensions and Policy Options across the Subcontinent, The Center for American Progress, , Retrieved from www.americanprogress.org [xxv] Government of India, Ministry of Environment & Forests, (2010), “Climate Change and India: A 4x4 Assesment” Retrieved from http://moef.nic.in/downloads/public-information/finrpt-incca.pdf.


[xxvi] Panel to study whether hydel projects caused Uttarakhand floods, (Oct 19, 2013,), Press Trust of India, Retrieved from http://ibnlive.in.com/news/panel-to-study-whetherhydel-projects-caused-uttarakhand-floods/429256-3243.html [xxvii] Mrs Tina AC KETOFT, (Doc. 11785 23 December 2008 Environmentally induced migration and displacement: a 21st-century challenge Report Committee on Migration, Refugees and Population Rapporteur:, Sweden, Alliance of Liberals and Democrats for Europe [xxviii] Global estimates (2012) People displaced by disasters May 2013, Michelle Yonetani, The Internal Displacement Monitoring Centre (IDMC), Norwegian Refugee Council, Retrieved from www.internal-displacement.org [xxix] Global estimates (2012) People displaced by disasters May 2013, Michelle Yonetani, The Internal Displacement Monitoring Centre (IDMC), Norwegian Refugee Council, Retrieved from www.internal-displacement.org [xxx] El-Hinnawi, E. (1985) Environmental Refugees, Nairobi: UNEP. [xxxi] Retrieved from www.alternet.org/environment/19179 [xxxii]Christian Aid (2007) Human Tide: the Real Migration Crisis, Retrieved from www.christianaid.org.uk/Images/human_tide3__tcm1 5-23335.pdf. [xxxiii] Stern, N. (2006) Stern Review on the Economics of Climate Change, Retrieved from www.hmtreasury.gov.uk/independent_reviews/stern_ review_economics_climate_change/stern_review_rep ort.cfm. [xxxiv] Myers, N. (2004) ‘Environmental Refugees: a Growing Phenomenon of the 21st Century’, Conference Paper 2004, Retrieved from: http://www.envirosecurity.org/conference/working/E nvironmentalRefugees.pdf./ Castles, S. (2002) ‘Environmental Change and Forced Migration: Making Sense of the Debate’ New Issues in Refugee Research, UNHCR Working Paper No. 70, October 2002, Retrieved from: http://www.unhcr.org/research/RESEARCH/3de344f d9.pdf . Mcadam, J. (2007) ‘Climate change ‘refugees’ and international law’, NSW Bar Association, 24 October 2007, Retrieved from: http://www.nswbar.asn.au/circulars/climatechange1.p df. [xxxv] Michelle Yonetani, (May 2013) Global estimates 2012 People displaced by disasters, Internal Displacement Monitoring Centre pg. 27. [xxxvi] Planning Commission, Government of India, (August 2011.), The Draft Approach Paper for the Twelfth Five-Year Plan

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[xxxvii] Walter Fernandes, (24 November 2011) Development-induced Displacement and Human Rights, Seven Sister’s Post, , Retrieved from: http://www.sevensisterspost.com/epaper/24.11.11.pdf [xxxviii] NHRC, India Submission to the UN Human Rights Council for India’s Second Universal Periodic Review, Retrieved from: http://nhrc.nic.in/Reports/UPR-Final%20Report.pdf. [xxxix] Internal Displacement Monitoring Centre, (9 February 2012) India: IDP Population Figures, , Retrieved from:http://www.internaldisplacement.org/idmc/webs ite/countries.nsf/(httpEnvelopes)/90E174CA3D9CF1 4CC1257790002402F2?OpenDocument#22.2.1 [xl] Internal Displacement Monitoring Centre, Global Overview-2011, (2011) Internal Displacement in South and South-East Asia- India, page 86, Retrieved from:http://www.internaldisplacement.org/8025708F 004BE3B1/(httpInfoFiles)/0E27234251BE6E48C125 79E400369AA9/$file/global-overview-asia-2011.pdf [xli] Andrew Morton, Philippe Boncour and Frank Laczko, Human security policy challenges, Climate Change And Displacement FMR31, Retrieved from http://www.fmreview.org/FMRpdfs/FMR31/0507.pdf [xlii] David Keane, (2004), The Environmental Causes and Consequences of Migration: A Search for the Meaning of “Environmental Refugees,” 16 GEO. INT’L ENVTL. L. REV. 209, 211 [xliii] Norman Myers, (2005), 13th Economic Forum, Environmental Refugees: An Emergent Security Issue, Retrieved from http://www.osce.org/documents/eea/2005/05/14488_ en.pdf. [xliv] Andrew Morton, Philippe Boncour and Frank Laczko, Human security policy challenges, Climate Change And Displacement FMR31, Retrieved from http://www.fmreview.org/FMRpdfs/FMR31/0507.pdf [xlv] Sarfaraz Alam, (Jul-Sep 2003) Environmentally Induced Migration from Bangladesh to India, Strategic Analysis/, Institute for Defence Studies and Analyses [xlvi] B. Shenton and M. Watts (1979) quoted in Bryant, Raymond L., no.7, p. 26. [xlvii] L. Hens, Environmentally Displaced People, Regional Sustainable Development Review: Africa, Encyclopedia of Life Support Systems (EOLSS)): [xlviii] Maintained by the Centre for Research on the Epidemiology of Disasters (CRED), Brussels, Retrieved from www.emdat.be. [xlix] Dr Camillo Boano, (1, November 2008), Professor Roger Zetter, Dr Tim Morris, Environmentally displaced people Understanding the linkages between environmental change, livelihoods and forced migration, Forced Migration Policy Briefing, Refugee Studies Centre, Oxford

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Department of International Development, University of Oxford [l] Mrs Tina AC KETOFT, (23 December 2008) Environmentally induced migration and displacement: a 21st-century challenge Report Committee on Migration, Refugees and Population Rapporteur:, Doc. 11785, Sweden, Alliance of Liberals and Democrats for Europe [li] Madhavi Rajadhyaksha (Jul 17, 2013) Environmental degradation costing India 5.7% of its GDP: World Bank, TNN, Retrieved from http://articles.timesofindia.indiatimes.com/2013-0717/pollution/40634553_1_degradation-india-worldbank [lii] Michael Kugelman, (November 23, 2012) India’s Environmental Security Challenge: Water, Coal, Natural Gas, and Climate Change Fuel Friction, Friday, , Retrieved from http://www.newsecuritybeat.org/2012/11/indiasenvironmental-security-challenge/ [liii] UN High Commissioner for Human Rights, (2005), Protection risks in situations of displacement caused by natural Disasters (Adapted from Protection of Internally Displaced Persons in Situations of Natural Disasters, Office of the UN High Commissioner for Human Rights, 2005 [liv] Mrs Tina AC KETOFT (23 December 2008) Environmentally induced migration and displacement: a 21st-century challenge Report Committee on Migration, Refugees and Population Rapporteur:, Doc. 11785, Sweden, Alliance of Liberals and Democrats for Europe [lv] Biermann, F. and Boas, I. (November 2007), “Preparing for a warmer world: Towards a global governance system to protect climate refugees”, Global Governance Working Paper No. 33, , p. 21 Retrieved from http://www.glogov.org/images/doc/WP33.pdf [lvi] Homer-Dixon, Thomas, (1999), Environment, Scarcity and Violence, Princeton: Princeton University Press [lvii] Homer-Dixon (1999: 177) [lviii] R.K. Pachauri, (17 October 2000) “Environmental Security: A Developing Country Perspective”, meeting report of the Wilson Center, Environmental Change and Security Project, Current Events, , Retrieved from: http://ecsp.si.edu/archive/rk-pauchari.htm [lix] R.K. Pachauri, (17 October 2000) “Environmental Security: A Developing Country Perspective”, meeting report of the Wilson Center, Environmental Change and Security Project, Current Events, Retrieved from: http://ecsp.si.edu/archive/rk-pauchari.htm [lx] IPCC (Intergovernmental Panel on Climate Change). (2001). Climate Change 2001: Synthesis report. A Contribution of Working Groups I, II, and

III of the Intergovernmental Panel on Climate Change. Cambridge: Cambridge University Press. IPCC (Intergovernmental Panel on Climate Change). (2007). Climate Change 2007: Synthesis report. Contribution of Working Groups I, II, and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. Cambridge: Cambridge University Press. [lxi] McCarthy, J., Canziani, O., Leary, N., Dokken, D., & White, K. (2001). Climate change 2001: Impacts, adaptation and vulnerability. Cambridge: Cambridge University Press. [lxii] Human Security, Climate Change and Environmentally Induced Migration published in 2008 by the United Nations University (UNU-EHS). Jon Barnett and W. Neil Adger, (2007) “Climate change, human security and violent conflict”, published in Political Geography, Vol. 26. [lxiii] Matthew, R. (2001). Environmental stress and human security in Northern Pakistan. Environmental Change and Security Project Report, 7, 21e35. [lxiv] Najam, A. (2003). The human dimensions of environmental insecurity: some insights from South Asia. Environmental Change and Security Project Report, 9, 59e74. [lxv] Mochizuki, K. (2004). Conflict and people’s insecurity: an insight from the experiences of Nigeria. In H. Shinoda, & H. Jeong (Eds.), Conflict and human security: A search for new approaches of peace-building (pp. 207e228). Hiroshima: Institute for Peace Science: Hiroshima University. [lxvi] Cocklin, C., & Keen, M. (2000). Urbanization in the Pacific: environmental change, vulnerability and human security. Environmental Conservation, 27, 392e403. [lxvii] Haile, S. (2004). Population, development, and environment in Ethiopia. Environmental Change and Security Project Report, 10, 43e51. [lxviii]Fisher P Brian (2009), Global Climate Change in a Social Justice context, (Chapter 1 of the dissertation,”Reframing Global Climate Change: A Duty to Adapt for Vulnerable Communities, University of California, Irvine [lxix] Michael M. Cernea, Impoverishment Risks, Risk Management, and Reconstruction: A Model for Population Displacement and Resettlement, , This paper is presented to the UN Symposium on Hydropower and Sustainable Development in support of, and as background to, the Keynote Paper presented by the same author in the set of sessions of the Symposium devoted to the Social Aspects of Hydropower Development. (Beijing , October 27290, Retrieved from http://www.un.org/esa/sustdev/sdissues/energy/op/hy dro_cernea_population_resettlement_backgroundpap er.pdf


[lxx] Sheetal Sekhri, Adam Storeygard, (22 March 2011) The Impact of Climate Variability on Crimes Against Women: Dowry Deaths in India, Retrieved from http://people.virginia.edu/~ss5mj/crimesdraft_april20 11.pdf) [lxxi] David Blakeslee, Ram Mukul Fishman, (January 29, 2013), Rainfall Shocks and Property Crimes in Agrarian Societies: Evidence from India, , Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2 208292 [lxxii] Retrieved from http://www.sciencemag.org/content/early /2013/07/31/science.1235367 > Science [lxxiii] Morgan Kelly, (August 1, 2013), Cool heads likely won't prevail in a hotter, wetter world, Retrieved from www.princeton.edu/main/news/archive/S37/53/02C5 1/index.xml?section=topstories [lxxiv] Diehl, Paul F. and Nils Petter Gleditsch, eds., (2001), Environmental Conflict, Boulder, Colorado: Westview Press. Shin-Wha Lee, (Number 1, 2001), Emerging Threats to International Security: Environment, Refugees, and Conflict Journal Of International And Area Studies 73 Volume 8, , pp. 73-90 ). [lxxv] Homer-Dixon, Thomas F., (1991), “On the Threshold: Environmental Change as Causes of Acute Conflict,” International Security 16(2). HomerDixon, Thomas F., (1994), “Environmental Scarcities and Violent Conflict: Evidence from Cases,” International Security 19(1).) and the members of his Project on Environment, Population, and Security at the University of Toronto (one of the most prominent and controversial in this subject area [lxxvi] Mark Piggott, Typhoon 'Yolanda' Haiyan, (November 10, 2013), Eye-witnesses Describe Survivors 'Foraging Like Zombies', , Retrieved from http://www.ibtimes.co.uk/articles/520992/20131110/ philippines-tacloban-leyte-island-tornado-stormhaiyan.htm [lxxvii] Barnett, J. and Adger, W.N. (2007) “Climate change, human security and violent conflict”, Political Geography (2007), pp. 1-17. doi:10.1016/j.polgeo.2007.03.003.). [lxxviii] Universal Declaration of Human Rights, G.A. Res. 217A, art. 3, U.N. GAOR, 3d Sess., 1st plen. mtg., U.N. Doc. A/810 (Dec. 12, 1948); Michelle Leighton Schwartz, (1993), International Legal Protection for Victims of Environmental Abuse, 18 Yale J. Int'l L. 355, 361-64. [lxxix] Universal Declaration of Human Rights, supra, art. 25. [lxxx] Article 19 of the Universal Declaration of Human Rights (“the UDHR” UN General Assembly

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Resolution 217A (III), adopted 10 December 1948.) 5 recognises access to information as integral to the right to freedom of expression: Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers. [lxxxi] Ensure the right to freedom of expression and information as contained in Article 19 of the ICCPR: 1. Everyone shall have the right to freedom of opinion; 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice. [lxxxii] Guiding Principles on Internal Displacement (1998), Retrieved from http://www.unhcr.org/43ce1cff2.html [lxxxiii] UN General Assembly Resolution 60/L.1, ¶132, U.N. Doc. A/60/L.1 [lxxxiv] Brookings Institution-Bern University Project on Internal Displacement (2008) ‘Protecting Internally Displaced Persons: A Manual for Law and Policy Makers’, Brookings Institution-Bern University Project on Internal Displacement, http://www.brookings.edu/papers/2008/1016_internal _displacement.aspx; Kälin, W., Williams, R. C., Koser, K., and Solomon, A. (eds.) (2008) ‘Protecting Internally Displaced Persons A Manual for Law and Policy Makers,’ Brookings Institution-Bern University Project on Internal Displacement, Retrieved from http://www.brookings.edu/papers/2008/1016_internal _displacement.aspx / Kälin, W., Williams, R.C., Koser, K., and Solomon, A. (eds.) (2010) ‘Incorporating the Guiding Principles on Internal Displacement into Domestic Law: Issues and Challenges’, Studies in Transnational Legal Policy No. 41,Washington, Brookings-Bern and the American Society of International Law. [lxxxv] African Union convention on the Protection of and Assistance to Internally Displaced Persons, 22 October 2009, Retrieved from: http://www.unhcr.org/refworld/docid/4ae825fb2.html [lxxxvi] Retrieved from http://conspect.nl/pdf/Our_Common_FutureBrundtland_Report_1987.pdf [lxxxvii] Report Of The United Nations Conference On Environment And Development (Rio de Janeiro, 3-14 June 1992A/CONF.151/26 (Vol. I) Retrieved from http://www.un.org/documents/ga/conf151/aconf1512 6-1annex1.htm) [lxxxviii] Retrieved from http://sustainabledevelopment.un.org/content/docume nts/Agenda21.pdf

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[lxxxix] The UN International Conference on Population and Development in Cairo, 1994 Retrieved from http://www.un.org/popin/icpd2.htm [xc] Principle 1 of the 1972 Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration). UN Doc A/CONF/48/14/REV.1. [xci] Silja Halle, (February 2009) From Conflict to Peace building, The Role of Natural Resources and the Environment, by the United Nations Environment Programme, Retrieved from http://www.unep.org/pdf/pcdmb_policy_01.pdf) [xcii] Implementing the Principles on Housing and Property Restitution: A Practitioners Handbook, OCHA, UNHCR, OHCHR, FAO and NRC (July 2006) and Housing Rights Legislation, UN Habitat Programme and the Office of the UN High Commissioner for Human Rights (2002). [xciii] Zetter, R., (October 2008), “Legal and normative frameworks”, Forced Migration Review, Issue 31, , p. 63. [xciv] Report of the High Commissioner for Human Rights on the relationship between climate change and human rights (A/HRC/10/61, 15 January 2009). [xcv] Recommendation 1631 (2003) Internal displacement in Europe, Text adopted by the Standing Committee, acting on behalf of the Assembly, on 25 November 2003 (see Doc. 9989, report of the Committee on Migration, Refugees and Population, rapporteur: Ms Stoisits, Retrieved from http://assembly.coe.int/Main.asp?link=/Documents/A doptedText/ta03/EREC1631.htm) [xcvi] Roger Zetter, February (2011), Protecting environmentally displaced people Developing the capacity of legal and normative frameworks, Research report, Refugee Studies Centre, Oxford Department of International Development, University of Oxford, Retrieved from http://www.rsc.ox.ac.uk/pdfs/workshop-conferenceresearch-reports/Zetter%20EnvDispRep%2015022011.pdf [xcvii] Mrs Tina AC Ketoft, (23 December 2008), Environmentally induced migration and displacement: a 21st-century challenge Report Committee on Migration, Refugees and Population Rapporteur:, Doc. 11785Sweden, Alliance of Liberals and Democrats for Europe [xcviii] Birkeland, N (2003), “Last time I fled because of war, this time because of hunger” – Environmental Change and Internal Displacement in the Huambo Province, Angola”, In the Maze of Displacement, Kristiansand (Norway), Høyskoleforlaget. [xcix] Future floods of refugees (April 2008) A comment on climate change, conflict and forced migration, , Norwegian Refugee Council, Retrieved from www.nrc.no

[c] Climate Change as a Security Risk, (London, 2007), German Advisory Council on Global Change (WBGU), [ci] Internal Displacement Monitoring Centre, Global Overview-2011, (2011): Internal Displacement in South and South-East Asia- India, page 86, Retrieved from: http://www.internaldisplacement.org/8025708F004B E3B1/(httpInfoFiles)/0E27234251BE6E48C12579E4 00369AA9/$file/global-overview-asia-2011.pdf [cii] Kofi A. Annan, (2000), Millenium Report, Retrieved from http://www.unmillenniumproject.org/documents/weth epeople.pdf ABOUT THE AUTHORS Author is working as Assistant Professor of Law at Raksha Shakti University, (The Raksha Shakti University-a State University, established by Government of Gujarat, is a unique and first of its kind in India for conducting certificate, diploma and degree courses in the field of police science and internal security.) Ahmadabad. He has done his post doctoral research with fellowship from Indian Council of Social Science Research, (under Ministry of HRD) New Delhi (ICSSR). He has awarded his Ph.D. in Law by Jai Narain Vyas University, Jodhpur, Rajasthan. During Ph.D., he was awarded by University Scholarship (2006-07) and Doctoral Fellowship (2007-09) by Indian Council of Social Science Research, (under Ministry of HRD) New Delhi (ICSSR). Dr. Bhatt has publications in form of book (1) International refereed Journal (4), National Refereed Journal (6), Chapters in edited books (8), articles in case reporter of National repute (3) and many other publications (9). Mailing address: Raksha Shakti University, New Mental Corner Circle, Meghani Nagar Road, Ahmadabad-16, Gujarat, India [email protected]

SEXUAL HARASSMENT AGAINST WOMEN IN INDIA Varun Kapoor a, Kanika Dhingra b a

b

Amity Law School, Delhi, afilliated to Guru Gobind Singh Indraprastha University, Dwarka, India. Vivekananda Law School, Delhi, afilliated to Guru Gobind Singh Indraprastha University, Dwarka, India. b Corresponding author: [email protected] ©Ontario International Development Agency ISSN: 1923-6654 (print) ISSN 1923-6662 (online). Available at http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html

Abstract: Women across the world have tasted all flavors of life; from the glory and respect which she was ascribed in the Vedic period, to the denial and subordination in the post Vedic period and finally to the struggle for equality, recognition and survival in the contemporary world. But one thing that has been common throughout these phases is the disadvantaged status of the women. Women have been made to face all kinds of violence, physical abuse, denial of right to live, subordination and neglect. The acts of abuses like eve-teasing, molestation, sexual abuse and rape cover both physical and verbal abuses. However, they all are different parts of what is commonly known as sexual harassment or sexual misconduct. This paper covers a brief study of the various aspects of such offences which have led to the growing harassment of women. The concept like eve-teasing gained nationwide attention in the 1960’s but today eve-teasing has evolved as a huge issue in many metropolitan cities of India. .A large numbers of Indian women have faced or are facing this menace. Another form of violence against women is that of molestation, or what is commonly known as ‘sexual abuse’ or ‘sexual assault’. It is the forcing of sexual behavior by a man over the women. Further, rape is one of the most extreme forms of sexual violence committed against women. It is an act of physical violence and assault which is expressed through sexual means. The research methodology adopted for this paper is doctrinal and secondary sources of information like books, articles, newspapers, websites, case laws, etc. are relied upon. Various statute books like the Indian Penal Code, 1860 and The Criminal Law (Amendment) Act have also been referred. The Indian Law dealing with offences of sexual harassment has been given under the Indian Penal Code, 1860. The relevant provisions which have been included in this research paper are those relating to rape (Section 375 and 376) and outraging the modesty of a woman (Section 509, 294 and 354).

Also, an analysis of the recent Criminal Law (Amendment) Act, 2013 has also been included in the study. This study includes the various causes which lead to an increase in the number of sexual abuses and rape against women. They include: lack of awareness, illiteracy, upbringing of the abusers, their inability to appreciate the feminine glory of women, etc. An emphasis has also been laid on the possible emotional, psychological and mental impacts which may be suffered by the women. Finally, the paper also includes certain recommendations with respect to the role of the state, government, media, NGOs, etc in sensitizing the issues relating to violation of the rights of women and also to promote education and awareness with respect to the same. Keywords: Eve-Teasing, Abuse, Violence, Women

Harassment,

Physical

INTRODUCTION

T

he position and status of women has been a very dynamic concept since ages. Beginning from the Vedic period till today’s time, the status of women has gone through enumerable changes. Women across the world have tasted all flavors of life; from the glory and respect which she was ascribed in the Vedic period, to the denial and subordination in the post Vedic period and finally to the struggle for equality, recognition and survival in the contemporary world. But one thing that has been common throughout these phases is the disadvantaged status of the women. Women have been made to face all kinds of violence, physical abuse, denial of right to live, subordination and neglect. The most heinous and shameful of such acts is the act of violence against women. Violence against women is a wide term that encompasses multifarious acts of violence, abuse and torture against women. It does not simply refer to the

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Kapoor and Dhingra / OIDA International Journal of Sustainable Development 06: 10 (2013)

physical violence which a woman has to bear, but also verbal abuse, emotional torture, economic deprivation and social disregard. No women are born to be treated in an inhuman manner and to be deprived of her right to life. Any sort of violence committed against a woman is a direct attack on her human rights and is the most shameful violation of human rights. Women of all ages, from all kinds of background and from all walks of life go through some sort of violence in different phases of their lives. It may be in the form of domestic violence, sexual abuse, physical and verbal abuse, rape, trafficking in women and young girls, forced prostitution, dowry-related violence, dowry deaths, female foeticide or infanticide and other inhuman practices. They are victimized and neglected in all fields of life and have to face discrimination in every sphere of human activity. Thus, women across the world face these practices in almost all spheres of life; this may include education, employment, at home, at workplace, in marriage, or even in childhood. Women are perceived to be disadvantaged due to their role in the society as well as the physical and biological differences from men. They are given the titles like caretakers and home-makers and it becomes a perceived notion that women cannot perform all tasks which can be done by men and their capabilities are often underestimated. This is the major reason why men consider themselves in a position to establish their dominance over women. Violence is basically an act of aggression that crosses the boundary of another person’s autonomy and identity.i In technical terms, violence is basically the use of force which is not permitted by law and which is inflicted against the other person with the motive of achieving something in violation of the other person’s will or without their consent. “In short, the concept of ‘violence’ is notoriously difficult to define because as a phenomenon it is multifaceted, socially construed and highly ambivalent.”ii It is a multifaceted and multidimensional concept as there is no single act which can be termed as violent or abusive. It may be in the form of verbal abuse or physical abuse; individual or collective; it may be a continuous process or a onetime incident; or even beyond. It is an act which is incapable of being described and completely analyzed by an observer, as well as the victims themselves. It is a complex and dynamic concept which needs to be carefully understood and dealt with. Gender-based violence has emerged as a major issue on the international human rights agenda. Although, there is rarely any reliable data on the incidence of gender-based violence in India, there is an increasing body of reports and opinions which indicate that it is widespread and common and exists in all kinds of societies and among all classes of population. It

occurs in a broad context of gender-based discrimination with respect to access to education, resources, and decision-making power in the household, as well as in the public sphere. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), also known as the Treaty for Women's Equality, is a landmark international agreement that affirms principles of fundamental human rights and equality for women around the world. CEDAW is a practical blueprint for each country to achieve progress for women and girls.iii India ratified this convention in the year 1993. Even after the adoption of the Convention on the Elimination of All Forms of Discrimination against Women by the United Nations General Assembly in 1979, important progress has been made in almost all major countries for establishing gender-based violence as a human rights concern. But the current scenario defines that the mere adoption of conventions and policies has not served the purpose that it ought to. There is still widespread and deep rooted problem that requires attention because the instances of female victimization have been growing tremendously. The acts of abuse like eve-teasing, molestation, sexual abuse, domestic violence and rape have become very common forms of offences which are reported almost every day. They cover both physical as well as verbal abuses. However, they all are different parts of what is commonly known as sexual harassment or sexual misconduct. It is the gender based violence which depicts the superior status of men in the society and the victimization of women. It is also pertinent to consider that any form of violence, whether verbal or physical, may be forced against a woman either by a complete stranger, or by people who are known to them. There have been many instances where the suspected offenders are either family members themselves, or relatives, or even family friends. Considering such circumstances, it will not be wrong to presume that a woman is not safe in today’s time even at her own home. SEXUAL HARASSMENT: FORMS AND FACES Eve-Teasing A very common phenomenon in India is that of eveteasing, which means the sexual harassment of a woman in public. It could be done by an individual or collectively, and it may be directed towards one woman or a group of them. It could also be a verbal pronouncement of a socially disapproved comment or a sexually explicit statement. It may even extend to touching or brushing against a woman, following her, or making her feel uncomfortable by making undesired comments. It is a very commonly observed behavior, but not a socially acceptable phenomenon.


As per the Oxford Dictionary, eve teasing means “the making of unwanted sexual remarks or advances by a man to a woman in a public place.”iv The concept of eve-teasing gained the nationwide attention in the 1960’s. But today, Eve teasing has evolved as a huge issue in many metropolitan cities of India. .A large numbers of Indian women have faced or are facing this menace. Whether it is a public transport or public places or shopping malls, streets or workplace, women feel vulnerable to the threat of eve teasing everywhere. There are many instances where even the girls of young age are being harassed in public places. Eve-teasing is a menace to society as a whole and has to be eradicated. But there is no specific legislation in the country except for the state of Tamil Nadu which has its own legislation to deal with this offence. It is pertinent to note here that this is not simply a matter of an incident which happens one day and is forgotten the next day. It may severely effect a women, both emotionally and psychology. It may be that serious that it could lead a woman to commit suicide due to the harassment and torture that she might have undergone. Eve-teasing is nothing but a serious offence against the honor, dignity, and selfrespect of a woman. On 30.11.2012 the Supreme Court in Deputy Inspector General of Police & Anr v.S. Samuthiramv, directed the central Government to legislate effective legislation to contain eve-teasing and held that with the changing times, more and more girl students, women etc. go to educational institutions, work places etc. and their protection is of extreme importance to a civilized and cultured Society. The experiences of women and girl children in overcrowded buses, metros, trains etc. are horrendous and a painful ordeal.vi The Supreme Court has also addressed this issue in the above case wherein a policeman misbehaved and eve-teased a married lady near a bus stand in the presence of her husband. He was caught in the act of eve-teasing of a married woman leading to criminal and disciplinary proceeding, ending in his dismissal from service. The Court laid down certain guidelines such as deputing plain clothed police officers in public places, installation of CCTV cameras, reporting information to police stations or women helpline, directing the State Governments and Union Territories of India to take adequate and effective measures by issuing suitable instructions to the concerned authorities so as to take effective and proper measures to curb such incidents of eve-teasing. Considering such incidents, the legislators proposed to introduce certain amendments in the criminal law relating to eve-teasing and stalking; however the same were not incorporated into the Law. Criticized for excluding stalking and eve-teasing from the

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proposed Criminal Law (Amendment) Bill, 2012, the Ministry of Home Affairs is reconsidering its decision to bring them under the ambit of the new law. vii There have been various other incidents which have been reported recently. On 23rd May, 2013, a youth was beaten to death by three persons when he objected to their eve-teasing his sister.viii Recently, in Maharashtra, there was a great demand for a "uniform" law in India to curb eve-teasing in educational institutions, places of worship and other public places. Thus, it is pertinent to consider that eve-teasing has emerged as an omnipotent social threat which may be faced by any women, of any age, and in any part of the world. Eve-teasing, which is usually treated as a very common crime is a manifestation of a form of violence against women. It is a very serious issue which leads to immense mental torture and humiliation to the women and girls when they harassed on roads and public transport. A major problem is that most of these incidents go unreported due to various reasons such as fear of social humiliation and embarrassment, lack of parental guidance and support in filing complaints, etc. It is a direct infringement of a woman’s right to life with dignity and violates a women’s basic right to live. The same is reflected in the newspaper reports almost every day where innumerable incidents of such incidents are reported. Molestation Another form of violence against women is that of molestation, or what is commonly known as ‘sexual abuse’ or ‘sexual assault’. It is the forcing of sexual behavior by a man over the women. Molestation is the sexual exploitation of a child or a woman by an adult or a male person for sexual gratification. The Sexual abuses can be of various types namely, Fondling, Mutual masturbation, Sodomy, Coitus, Child pornography and child prostitution, etc. It may be an attack on one’s dignity and modesty by an acquaintance or a close family member or friend, or even by a complete stranger. It becomes even more difficult to disclose and complaint against the abuser where he is a family member or a person known to the family otherwise. Though, the people who are a victim or have witnessed such crime have an obligation to report these crimes, but reporting these crimes is a tough task; generally people have a mindset that such cases should not be reported because of the societal pressure as they bring bad name to the victim. The person who has been victimized is seen with disregard in the society. Even the molesters themselves threaten the victims and compel them not to disclose the incident. Thus, molestation is the act of subjecting someone to

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unwanted or indecent sexual advances or activity which further compels him to suffer the pain silently. Recently, incidents have been reported where the uncles or even grandfathers of the victims have been accused of the offence of molestation. On 1st August, 2013 a similar incident was reported wherein a girl was set ablaze by a man after she resisted his attempt to molest her. A number of females have reported incidents of sexual assault by their seniors at workplace in places like offices and even educational institutions. From teachers, to employers and even to family members and friends, the women are unsecure from almost everyone around them. They are illtreated, mishandled, physically harmed and even tortured. This is a clear disrespect for female’s modesty and the feminity. One of the most extreme forms of cases of molestation is when it occurs within marriage. This is popularly known as spousal sexual abuse. It is where a husband physically abuses the wife within the four walls of the house and covers his heinousness under the blanket called “marriage”. In such circumstances, not only the women feel reluctant in reporting such incidents, but sometimes they do not even realize that an offence is being committed against them. They silently undergo the daily life trauma and perceive it as a part of their everyday life. They are verbally abused, physically assaulted and made to work like animals and forced to take care of the household and children. They are also an easy prey for the male members of the household in cases where they are uneducated and unaware of their basic human rights. Also, where the male dominant persons in a household are habitual to alcoholism, this problem further exaggerates for women. In such cases, the woman is a helpless victim who suffers the trauma and shock by the male members of the society. There are no specific laws in the country to deal with the offences of molestation explicitly. However, the issue may be addressed under Section 354 of the Indian Penal Code, 1860 which provides for punishment for using assault or criminal force against a woman with her intention to outrage her modesty. Earlier, the Section provided for the punishment of this offence as imprisonment for a period which may extend up to two years, or with fine, or both. However, after the recent Criminal Law (Amendment) Act, 2013, the punishment has been increased and changed from two years to a punishment which may vary from one year to five years, along with a fine. This has been a welcomed and appreciated initiative taken by the government of the country. Such major steps show the intolerance of the state towards the inhuman acts and violation of women’s rights.

Rape “Of late, crime against women in general and rape in particular is on the increase… Rape is not merely a physical assault. It is often destructive of the whole personality of his victim. A murder destroys the physical body of the victim; a rapist degrades the very soul of the helpless female. The Courts, therefore, shoulder a great responsibility while trying an accused on charges of rape.”ix Rape is one of the most extreme forms of sexual violence committed against women. It is an act of physical violence and assault which is expressed through sexual means. The Indian Penal Code,1860 defines the offence of Rape under Section 375. Initially, this section merely provided that a man is said to have committed rape who has sexual intercourse with a women against her will or without her consent or under the various given circumstances in the section. However, with the Criminal Law (Amendment) Act, 2013, the definition of Rape has been made wider. Owing to the various kinds of incidents being reported lately, the Legislators have included a variety of sexual abuses within the definition of Rape and have also increased the punishment for the same offence. After the amendment, it has incorporated the acts like penetration, insertion of objects, application of mouth or even the manipulation of a female’s body for the purpose of penetration into the definition of rape. Also, the punishment for the offence of rape has been made more stringent. Grave punishments are prescribed for offences like acid attacks, gang rapes, and for the offence of rape where the victim is left in a persistent vegetative state. The incidents of Rape have been increasing at an alarming rate in the recent times. A drastic shift has been seen in the crime reporting after the Delhi Gang Rape incident. On 16th December, 2012, a female aged 23 years of age was gang raped and brutally injured in the Southern part of New Delhi, after which she succumbed to death. This resulted in a major havoc in the country wherein the entire nation protested and revolted to bring about a change in the existing laws. As a result, the Criminal Law (Amendment) Act, 2013 was enforced. The occurrence of incidents of rape has gone up in India over the past few years. Women of all ages and all backgrounds are facing this menace. Even the girls of the age of two years are being subjected to such heinous crimes. According to the World Health Organization, every 54 minutes, a woman is raped in India. This is the statistics even after a number of cases go unreported. Statistics in India show an increase in sexual crimes against women. Figures from the National Crime Bureau indicate a three-per cent increase in such crimes, amidst reports of rape


cases daily.x In a few reported incidents, there have been cases where the girls of one year of age or even of a few months old, are raped by their relatives, or servants, or even strangers. There may be various forms of rape by which a woman may be victimized. It could be in the form of Custodial Rape, Gang Rape, Marital Rape, or Individual Rape. The Verma Committee Report, on the basis of which this amendment was brought in, points out that a 2010 study suggests that 18.8 per cent of women are raped by their partners on one or more occasion. The most extreme form of assault that can be inflicted against a woman is that by her own husband. This is an unacceptable reality of today’s world that the place where a woman should feel safest has itself turned into the place of her exploitation. A man, whom she expects to be protective and caring, himself turns into a beast to snatch away her dignity and her human rights. Another rising trend in the manner of committing such an offence is gang rapes. Almost every newspaper contains a story of a gang rape victim every day. In such circumstances the victim becomes a helpless person due the reason that the victim falls weak compared to the number of offenders, and also because of the fear and threat, coupled with a feeling of helplessness. Thus, women may be subjected to varied degrees of sexual harassments. An important factor to be considered is that in majority of the Rape cases, the offender or the rapist is a person who is known to the victim. It may be a family member or a family friend or any other acquaintance. However, it can generally be a stranger as well. Thus, the offence of rape is not only a crime against a human person’s body, but also her soul. It is because of these incidents against women that the women are seen as a weaker section of the society and the males enjoy a dominant position. Hence, there is a strong need to address the issues relating to sexual harassment of women through offences like rape, eve-teasing and sexual assault and molestation. The rate with which these incidents are growing around the country is a major issue for concern. This is not only important from the view of protecting the women, but also for reducing the crime rate in the country and to ensure a safe environment for all. LAW RELATING TO SEXUAL HARASSMENT The Indian Law dealing with offences of sexual harassment has been given under the Indian Penal Code, 1860. The Code defines the concepts of Rape, Stalking, Assault, etc. but it does not define the word eve-teasing or molestation. It has defined the offences and the elements which constitute the offence, and has also prescribed a punishment for the same.

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The provisions dealing with the crime of eve-teasing are contained in Sections 509, 294 and 354. Section 509 prescribes the punishment for outraging the modesty of women by uttering any word, making any gestures or doing any act with the intention of outraging a woman’s modesty. Section 294 prescribes the punishment for committing any obscene acts or uttering or saying obscene songs. Similarly, Section 354 prescribes punishment for use of assault or Criminal force to a woman with the intention to outrage her modesty. However, the term Eve-teasing has not been explicitly used in the Code, nor the concept of modesty has been defined as it differs from place to place. Something that may not amount to outraging modesty in USA, may amount to outraging of modesty in Inida.What may be obscene in India may not be considered obscene in USA. Apart from this offence, the offence of Sexual Abuse or molestation may also be addressed under Section 354 of the Code. The provisions of IPC dealing with the offence of Rape have been laid down under Section 375 and 376. As discussed above, the scope of the definition of Rape given under Section 375 was narrow, which has been amended and modified to meet the needs of the current society. The December gang rape and subsequent death of a twenty-three-year-old student in New Delhi ignited a national furor over India's treatment of women and the perceived culture of complicity with regards to sexual violence in India. It was due to this nationwide protest that the law was amended. Section 375 now provides the definition of Rape as the penetration of penis, or any object to any extent into the vagina, urethra, anus or mouth; or manipulation of body parts of women so as to cause penetration or application of mouth to the private parts of a woman, etc. The new law also incorporates stringent punishments in Section 376 for rape, gang rape, as well as acid attacks. It has also made special provisions to prescribe punishments for the offence of rape where the offence of rape causes death, or leaves the victim in a vegetative state. It also prescribes grave punishments for repeated offenders of the crime of rape. Apart from these measures, the government and the courts lay down several policies and guidelines for ensuring women security in the country. For instance, there has been an establishment for a special system of women’s helpline number in Delhi; special regulations have been made for women safety in public transport; new and suitable laws have been enacted; even special phone applications have been made available which could help tracing a person; etc. Apart from ratifying CEDAW in the year 1993 for the purpose of building a sound framework for protection of women’s human rights, India also passed The Sexual Harassment of Women at

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Workplace (Prevention, Prohibition and Redressal) Bill, 2012 on 26th February 2013. However, the loopholes in the Indian Law and the absence of complete description of certain offences like eve-teasing and penal provisions for all such sort of offences is a major lacuna to be covered. It is important to make a complete set of laws which could cover all such offences and make the society safe and secure. CAUSES OF WOMEN

SEXUAL

HARASSMENT

AGAINST

In India, the major cause for the subjection of women to these kinds of inhuman acts and violation of the right to life with dignity is the patriarchal system of the society where the male members are considered to be superior to females. The role of men and women in the society is seen in terms of domination and subordination. Women are perceived to be submissive and to be kept under the control and supervision of men. The women have been considered as a weaker section since ages. The glory that was ascribed to women in the ancient and vedic society was all taken away when writers like Manu asserted and prescribed low status for women in their writings. According to Manu, a woman should never be independent. She should live under the control and supervision of the male members of the family throughout her life. As a daughter, she should be dependent upon her father; as a wife, she should be dependent upon her husband; and as a widow, she should be dependent upon her son. Such views and opinions have degraded the status of women in the society. Also, a major reason why men fail to respect the modesty and decency of the females is the mindset and upbringing of the men. Another major difference why men are considered to be stronger than women is due to the biological features and the societal attributes where women are expected to be fragile and weak. Since they lack physical strength and the capability to fight back in protection, they become easy target for the abusers. Women are much more likely to be victims of sexual harassment precisely because they more often than men lack power, are in more vulnerable and insecure positions, lack self confidence, or have been socialized to suffer in silence.xiThe attributes like shyness, softness in voice and behavior, dependence on parents and brother, etc, have all led to the general view that women cannot protect themselves. One of the major reasons and justification for such offences given by the society is the character and dressing style of the females who are victims of such offences. Some political leaders and social workers have made remarks and pointed out that it is the lifestyle of women which encourages men to

approach them and to commit the acts of sexual harassment. Wearing short dresses; enjoying social life in parties and evening outings; having friendly relations with male members; etc. are a few of such explanations given by the people to shift the burden from the offenders and abusers to the victims. Rather than supporting the victim and having sympathy towards them, they are criticized and seen as the reason for the commission of the crime. However, it is pertinent to note that even women of old ages as well as young girls are also victimized. From girls who go out for party at late hours of night to old age women who go to the temple in the morning, all categories of women are at the risk of being victimized. Those who wear western dresses and those who wear traditional sarees are all equal suspects for the abusers. Another reason why the incidents of sexual harassments have been growing is due to the inability or the denial of the female victims to report these cases. They feel hesitant in reporting such cases as they feel that the victimization caused to them will further increase in case they reported the incident. The society would look upon them in disregard and the proceedings launched by them will cause further harassment when personal and unsolicited questioning will be done to them. Apart from these reasons, what encourages men to overpower women and exploit them is their desire to prove their strength over the opposite gender. Some common reasons for these offences may also be revenge, hatred, or mere pleasure. This is because the societies are not yet developed and mature enough to understand the need to respect the females. Another major factor is alcoholism and drunkenness of the people who commit such offences under the influence of such addictive substances. It is also because a majority of the abusers are people belonging to the uneducated or illiterate class who have not been given proper knowledge and thus fail to appreciate the feminine glory of women. Thus, such crimes have become very common in the country. IMPACT ON WOMEN AND SOCIETY When a woman is subjected to sexual abuse and harassment in the form of offences like eve-teasing, molestation or in the extreme forms like rape, a woman goes through shock and trauma which cannot be easily analyzed. A victim is socially ostracized and morally degraded with a lifelong stigma on her dignity and character. The mental torture is deep and the mental agony is unbearable.xii In cases of eve-teasing, it becomes practically impossible for women to walk through the same streets and work in the same place where they know


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that they will have to face the extreme forms of abuse in the form of obscene comments and gestures. Also, it causes emotional and psychological imbalance which further disturbs the personal life of the victim. However, the consequences are deep and grave in cases of sexual harassment or molestation and rape. They leave a permanent scar on the mind of the victim which leads to further problems in adjusting in the society. This is because the society also makes them feel excluded. Rather than supporting the victim and sharing sympathy, the victimized person has to face further exclusion inflicted by the society and even relatives.

targeting the issues relating to sexual abuse. The Police authorities and media can also play an important role in sensitizing the women about their rights and the remedies available to them. The state shall regulate the working of police officials in dealing with offences relating to women. Thought the state and state authorities have been making sincere efforts to implement measures to provide a safe environment to the women in society, but the evil practice still persists and corrupts the social harmony. It is also very important to empower women through law reform and social change so that there is a sense of security.

Some women who face this humiliation and harassment also develop psychological problems. They may develop suicidal tendencies and even take extreme steps like actually committing suicide and even the family members take such extreme steps due to the societal pressures. Young girls who are the victims of sexual abuse experience physical, biological and behavioral problems that can persist for decades after, a new study shows.xiii

There should be an initiative taken by the NGOs, Schools and colleges to educate women and to spread awareness among the women class so as to protect themselves from sexual abuse and harassment. They should be taught to revolt and resist any acts of physical abuse and also to report the same. Also, there is a major role to be played by the parents in achieving this special goal, which is to provide a sound and proper upbringing to their children. It is very important to change the perception and outlook of men towards women in the world. They should be taught to respect the glory of women and not to consider them as an object for the satisfaction of their disrespectful greed. Therefore, it is very important to change the mentality and mind set of the society.

Women, who have suffered the humiliation and harassment, show certain peculiar characteristics in their behavior such as: frightened, guilty, powerless, angry, ashamed, depressed, numb and lacking selfconfidence. Thus, these offences highly influence the lives of the women in many negative ways. They are not only a physical abuse, but also an emotional and mental torture which walks with them throughout their lives. With special regard to rape within marriage, it is a concept that causes humiliation and trauma to the wife to the very core. The fear of having to face it and still have to silently suffer through it is an unbearable thought that affects women both psychologically, as well as emotionally. This self enforced silence and surrender to sexual abuse has far reaching and detrimental effect on the emotional, psychological and mental stability of women. Apart from these notable features, the extreme forms of impacts that may be witnessed among the victims may also include long term symptoms like sleeping disorders, eating disorders, sexual dysfunction or loss of self confidence and developed negative self image. Children, who are brought up in families where there is persistent violence, may show some signs of behavioral and emotional disturbances. These can also result in perpetrating or experiencing violence in future life. CONCLUSIONS The growing menace of physical and sexual abuse against women needs urgent attention. The society and the Government should make the necessary efforts in bringing in and enforcing specific laws

Also, there is a need to bring strict enforcement of the existing laws so as to ensure proper security to women. The enactment of The Criminal Law (Amendment) Act, 2013 is a major achievement of the Indian Legislature as it has incorporated various necessary provisions and has also made the punishments more strict and grave. However, the instances of such crimes are still being reported. This shows that the existing framework is not sufficient to deal with the problem of violence against women. Thus, a lot is yet to be done to make the society a safe place for women. i

Mamta Rao, Law relating to Women and Children, 2012, Third Edition, Eastern Book Company, Lucknow, India ii Willem de Haan, Violence as an essentially contested concept, 2008, Retrieved from: http://link.springer.com/chapter/10.1007%2F9780-387-74508-4_3 iii CEDAW at a Glance, Retrieved from: http://www.cedaw2011.org/index.php/aboutcedaw/cedaw-at-a-glance iv Oxford Dictionaries, Retrieved from: http://oxforddictionaries.com/definition/english/eve-teasing v 2012(11) SCALE 420

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vi

A Romen Kumar Singh, Supreme Court on EveTeasing of Women and its Guidelines, Retrieved from: http://epao.net/epSubPageExtractor.asp?src=features.Spotlig ht_On_Women.Supreme_court_on_eveteasing_of_woman_And_Its_guidelines vii Stalking, eve-teasing to be part of new law against sex offenders, The Indian Express, 17 Jan, 2013, Retrieved from: http://www.indianexpress.com/news/stalkingeveteasing-to-be-part-of-new-law-against-sexoffenders/1060384/ viii 18-year-old boy killed for objecting to eve-teasing with sister in Etawah, India Today, Retrieved from: http://indiatoday.intoday.in/story/18-year-olboy-killed-for-objecting-to-eve-teasing-withsister/1/272671.html ix State of Gujarat v. Gurmit Singh, (1996) 2 SCC 384: 1996 SCC (Cri) 316 x Zain Awan, Statistics show increase in Sexual Crimes against Women in India, Channel News Asia, Retrieved from: http://www.channelnewsasia.com/news/asiapacific/st atistics-show-increase/713272.html xi Causes of Sexual Harassment, Stop Violence Against Women, Sexual Harassment, Retrieved from: http://www1.umn.edu/humanrts/svaw/harassment/exp lore/3causes.htm xii Mamta Rao, Law Relating to Women and Children, Third Edition, 2012, Eastern Book Company, Lucknow, India xiii Joan Raymond, Effects of Sexual Abuse Last for Decades, CNBC News, http://www.nbcnews.com/id/43594639/ns/healthhealth_care/t/effects-sexual-abuse-last-decadesstudy-finds/#.Uf_03JKnBXY ACKNOWLEDGEMENT This paper is an effort crafted by us with the help and support of our family members. We extend deep gratitude towards our families for their constant cooperation throughout the making of this paper, which helped us to carry out this research fruitfully. We also extend our heartfelt gratitude towards our library staff, which provided us help and access to all the resourceful material for our research. We feel highly indebted towards Ontario International Development Agency, Canada; Rajiv Gandhi National University of Law, Punjab, India; International Centre for Interdisciplinary Research in Law and Centre for Research in Social Justice and Policy, Laurentian University, Sudbury, Ontario, Canada; and the Chandigarh Judicial Academy for providing us an opportunity to have a valuable learning experience.

Varun Kapoor & Kanika Dhingra ABOUT THE AUTHORS Author 1 Name: Varun Kapoor Designation: Final Year Student at Amity Law School, Delhi (Affiliated to Guru Gobind Singh Indraprastha University, Dwarka) Mailing address: F-127/ F-5, Maruti Appartments, Dilshad Colony, Delhi - 110095 Tel: +91 9871111556 e-mail : [email protected] Author 2 Name: Kanika Dhingra Designation: Final Year Student at Vivekananda Law School, Delhi (Affiliated to Guru Gobind Singh Indraprastha University, Dwarka) Mailing address: 1576, Sui Walan, Darya Ganj, New Delhi - 110002 Tel: +91 9910455131 e-mail : [email protected]

MAKING EXISTING HOMES GREEN AND ENERGY EFFICIENT: CASE STUDY OF STUDIO APARTMENTS IN DELHI AND NCR Anju Kakkar a a

Lady Irwin College, Delhi University, Sikandra Road, New Delhi-110001, India. a Corresponding author: [email protected]


Abstract: The study was conducted to explore Interior Products to make Existing homes Energy Efficient in 2012 and access the awareness level regarding energy efficient interior products amongst interior designer and occupants. It was also conducted to make people aware about the implementation of energy efficient interior products and framing guidelines that will help people in implementing and making their existing homes as energy efficient. 15 designer and 35 occupants of studio apartments were interviewed to gain insight into the awareness level regarding energy efficient features and products that can be implemented in an existing home. The results showed that most of the occupants (73%) and almost all (93%) the designers were aware about the energy efficiency concept but they were not aware about the practices that can be done to conserve energy. Most of the designers believe that the concept of energy efficient features will be highly successful in Delhi if implemented properly as it is the need to conserve energy for present as well as for future. Both the designers and occupants are ready to spend more on energy efficient features being implemented provided it saves their energy and money. Keywords: Energy Efficiency, Green Building, Studio Apartments, Sustainability, Energy Conservation. INTRODUCTION

S

ustainable building (also known as Green Construction or Green Buildings) refers to a structure and using process that is environmentally responsible and resource-efficient throughout a building's life-cycle: from sitting to design, construction, operation, maintenance, renovation, and demolition. This practice expands and complements the classical building design concerns of economy, utility, durability, and comfort.

World Bank emphasizes ( accessed on 4 December 2007) that energy security based on energy efficiency is one of the major concerns of developing countries for sound energy management. The fundamental goal of energy management and conservation is to produce goods and services at the maximum energy efficiency, least cost and least adverse environmental impact. Good energy management can lead to reduction in pollution particularly the carbon-di-oxide levels (CADDET, 1995). Considering the vast potential of energy savings and benefits of energy efficiency, the Government of India enacted the Energy Conservation Act, 2001 (retrieved from www.Delhi transco.gov.in on 21 August 2007). The Act provides for the legal framework, institutional arrangement and a regulatory mechanism at the central and state level to embark upon energy efficiency drive in the country. Although new technologies are constantly being developed to complement current practices in creating greener structures, the common objective is that green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment by: (a) Efficiently using energy, water, and other resources (b) Protecting occupant health and improving employee productivity (c) Reducing waste, pollution and environmental degradation (http://en.wikipedia.org/wiki/Green_building, 2011) Green homes are beneficial like energy and water saving, reduced waste, improved indoor environmental quality, greater employee productivity, and reduced employee health cost. It helps to save energy and enables efficient use of resources. (H.Kats, 2003) Energy saving features help in costs, and reducing electrical consumption. In addition, it environment by lowering the

lowering operation energy and water also benefits the amount of carbon

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Kakkar / OIDA International Journal of Sustainable Development 06: 10 (2013)

dioxide emitted into the atmosphere, principal cause of global warming (Adalberto, 2009). The present study entitled” Energy Efficient Interior Products to Make Existing Homes as Energy Efficient Homes- An Exploratory Study” was an endeavor to understand the various energy efficient features that can be implemented in an existing home to make it energy efficient and also the implementation of these energy efficient features into existing home. An attempt was made to gain insight into the awareness levels of interior designers and occupants regarding energy efficient features. The study was conducted with the following objectives in mind: (a) To study the awareness level of designers and occupants towards energy efficient practices. (b) To study how the energy efficient features can be implemented in an existing home to make it a green home. (c) To frame guidelines to make people aware regarding the implementation of energy efficient features. The awareness levels of designers and occupants were analyzed on the basis of their knowledge about energy efficient devices, lighting management, water management, waste management and other miscellaneous energy efficient construction material. METHODOLOGY The study was carried out with 15 interior designers who have designed residential and commercial buildings and 35 occupants of studio apartments. They were selected randomly as per their availability. The research comprised of questionnaire-cuminterview schedule for the awareness levels of interior designers and occupants. Observation method was used to see the various energy efficient features already existing in their homes. The data obtained through questionnaire-cuminterview was coded, frequencies of responses against their codes were tabulated in the excel format, the percentages calculated and analyzed. The frequencies and percentages computes were represented through tables and graphs. RESULTS AND DISCUSSIONS Profile of interior designers Majority of the designers were in the age group of 23 to 46years. They generally have designed interior of residential buildings in North Delhi. Almost all of them resided in North Delhi and some were from South Delhi as well. Awareness about energy efficient practices among interior designers Majority of the designers (93%) were aware about the term “energy efficiency”. They believe that saving energy and using energy efficient devices is the key

to implement energy efficient features in any building. Some designers even think that using environment friendly techniques is also an energy efficient practice. This indicates that almost every designer was aware about the energy efficient feature that can be implemented in an existing home to make it energy efficient but they were not much aware about the implementation of these features and also the awareness level of the occupants. Designers have also seen the advertisements regarding energy efficient practices through newspapers, conferences and seminars but many of them haven’t seen any advertisement. They believe that people should be made more aware about energy efficiency through helping in implementing small practices in their daily life which will help to save energy. Also, people should be made aware that they should not only save energy but they should also use it judiciously. Majority of the designers (73%) have incorporated terrace gardening as an energy efficient feature in the buildings designed by them. They were aware about the other features like solar panels, rain water harvesting but they haven’t implemented them in their buildings. This indicates that the knowledge level regarding energy efficiency was good but the implementation knowledge was less. Most of them even considered fly ash to be most energy efficient construction material but again it hasn’t been used in construction of any of the building. Lighting management It is the most important energy efficient feature required in a building. Most energy is consumed by the lighting equipment. Majority of designers (67%) believe that there is no psychological difference between usage of tube lights and CFLs. They think that CFLs are long lasting and are more energy efficient. Also, tube lights consumes more energy per watt. Some designers even think tube lights are more illuminating as compared to CFLs. Almost all the designers believe that CFL is the most energy efficient lighting equipment but due to psychological aspect, the acceptance is less. They are even aware about T8. T12 but they haven’t implemented them anywhere. They also think that windows do not play any role in saving energy. but some designers believe that windows help in regulating the indoor air of room which further reduce the usage of fans, coolers and HVACs. Most of the designers are aware about the energy star labeled devices and mostly refrigerators have been incorporated in the buildings designed by them.


Water management It is a very necessary concept of energy efficiency. There is a great need to conserve water for the present and the future generations. Majority of the designers (86%) have incorporated dual flush system as a technique of saving water in the buildings designed by them. Some designers believe that people are not ready to accept the other water conserving techniques as they might not be aware about the benefits. Also, it is psychologically that people don’t accept the change easily. Most of the waste water is either utilized for gardening purpose or for cleaning up of washrooms. This saves a lot of water and it is a small practice that can be implemented in daily life. Majority of designers (53%) believe that drip less taps help in saving a lot of water but they haven’t implemented them in any of the buildings. They also said even foamed taps help in saving water. Designers also believe that rain water should not be wasted and it should be reused for cleaning purpose or for other household work to reduce the usage of tap water and minimize water loss. Usage of rain water also depends on the awareness of occupants as again it is a small practice that can be done in daily life. Waste management It is of major concern as waste management is not much practiced in India and it leads to many diseases if not managed properly. Also utilizing waste paper and saving paper also come under waste management. Majority of the designers (93%) are not aware about any waste management technique and they haven’t incorporated any waste management technique in their buildings. This might be due to the fact that they are not aware about any techniques and also waste management is not given much focus in India. Almost all the designers do save paper by some or the other method. They use newspaper as rough paper and use e-mails instead of using paper. This helps in saving a lot of paper and every person should implement it in their life. Many people print on both sides of paper to prevent unnecessary loss of paper. Other energy efficient practices They will include awareness regarding wood substitutes, low volatile organic compound paints, energy efficient glass, etc. 100% of the designers are aware that wood is banned in India and they are also aware about the various substitutes of wood. As due to cutting of wood there is a lot of deforestation so government has banned the usage of wood in India. Majority of the designer (67%) are aware about plywood as a major wood substitute that can be used

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in furniture and other items. Other wood substitutes can be fiber board, particle board, bamboo, etc. 53% designers are aware about energy efficient glass that do not allow the heat to come inside and only allows daylight to enter but they haven’t implemented it in any of the buildings. Very few designers i.e., 47% designers are not aware about wood substitutes may be due to the fact that they are not much advertised. Majority of the designers are aware about modular furniture which is a new and upcoming concept in India. It saves a lot of space and avoids wastage of material. 40% of the designers have used display racks as modular furniture in the buildings they have designed. Modular kitchens are a newer and very practical concept nowadays but only 75 designers have incorporated in their design features. Low VOC paints Majority of the designers (80%) are aware about low volatile organic compound (VOC) paints but they haven’t incorporated it anywhere. This is because people are not aware about its benefits and they are not ready to accept it. Designers are also aware that low VOC paints are advisable for health as they do not harm the environment and the health of occupants. Indoor Air Quality 93% designers believe that indoor air quality can be maintained by using exhaust fans and it is mostly used in bathrooms and kitchen as in these places it is mostly required to regulate the air. Coolers, fans and HVACs can also be used to maintain the indoor environmental quality. Majority of designers believe that the concept of energy efficiency is very much successful in Delhi as it is the need of today and it helps in saving resources as well as it leads to cost cutting. The initial cost can be high but it is long lasting and it will pay back in few years. People are getting conscious regarding the usage of energy efficient products but they are not aware how to implement these in existing homes. All the designers are ready to spend more on energy efficient features like electrical devices, waste management, lighting management and material and finishes and to implement these features. Profile of the occupants of studio apartments The occupants selected were residing in studio apartments. They were of the age group of 23-45 years. Most of them were professionals and some were housewives. On an average there were 2 to 4 people living in a studio apartment.

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Figure 1: Energy efficient features used in the building

Figure 2: Utilization of waste water


Awareness about energy efficient practices among occupants of studio apartments Majority of the people i.e., 100% people are aware about energy efficient devices. They know what energy efficiency is but they don’t know small things that can help in saving energy in their homes. People were also aware about using solar energy but they don’t know how to use it. Every 1 was aware about energy efficiency in their own context. Most of the people are aware about energy efficiency but they haven’t seen any advertisement regarding energy efficiency. 26% people have seen advertisements but they were not completely aware about energy efficiency. 57% people said that terrace gardening is an energy efficient feature that has been used in the building. 9% people have heard about solar panels but it is not implemented in their homes. Cement is the major construction material that has been used in the building. Other construction material that has been used in the building is aluminium, brick, steel and gypsum. They were aware about flyash but it hasn’t been used in the building. There were multiple responses regarding the construction material used as more than one construction material has been used in different materials. Lighting management It is of prime focus and has been of major concern as it utilizes the maximum energy of all the energy efficient features. 49% people believe that tubelights should be used instead of CFLs as it gives more illumination and is less in cost but they are not aware that tubelights consumes more energy than CFL. 17% people said tubelight and CFLs are same thing and they do not make any difference which shows that people are not aware about the benefits of CFL. 89% people say that sometimes there is not proper daylight and they have to switch on lights. This may be due to the fact that windows are not properly placed for receiving proper daylight. They also feel that in some places the windows are not appropriately placed for daylight and wind. Water management It is a major concern of today and it can be managed by following small practices daily. 100% people are aware about water management but they don’t follow any method to save water. This may be due to the fact that they are not aware about the various water management techniques that can be implemented. 83% people said that dual flush systems have been used in their buildings as a method of water conservation. Many of the people were not even aware about any water conservation measure that has been implemented in their building. They were also aware about using the rain water but nobody has implemented this is their daily routine. Most of the

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people were not aware about the utilization of waste water. 14% people use waste water for irrigation or for cleaning of washrooms. Most of the people said that rain water should be recycled but they don’t know how to recycle rain water. Waste management It is not practiced much but it should be brought into lime light and people should be made aware about it. Most of the people i.e., 94% people were not aware about any waste management technique that is being used in the building. They didn’t knew which techniques are called waste management techniques. 52% people said that ie is the duty of sweeper to come and collect the waste from their house as they don’t have the time to go and throw it. 48% people said that they go and throw the waste themselves as the sweepers don’t come on a daily basis. Majority of the respondents are aware about the segregated bins and that they are placed in their societies. 46% respondents even said that waste management staff of society takes efforts to clean the society dustbins on regular basis. In some societies it is not cleared on regular basis and so it remains unattended for several days creating health and sanitation issues. Most of the people are aware about saving paper and they do not waste it. Most of them print on both sides of sheet and use e-mails instead of writing on paper. Other energy efficient features They include material used in making furniture, in flooring, in doors, etc. Plywood is mostly used in making furniture as said by most of the people. They are aware that wood is banned in India and that is why wood substitutes are now being used. Mostly occupants said that wood and its substitutes have been used in the construction of door and some said aluminum door with glass has been used. Low VOC paints Majority of respondents are not aware about low volatile organic compound paints and that they don’t know whether these paints have been used in the building or not. Majority of people are aware that paints are harmful for health but they are not aware about eco-friendly paints and its benefits. Indoor Air Quality 97% occupants believed that indoor air quality can be maintained by exhaust fans. Only 49% occupants believe that indoor air quality can also be maintained by HVACs. Mostly people said that windows are kept open for ventilation and it sometimes depend on the outside environment. Windows are mostly kept open in winter season as it increases heat level in the room.

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51% respondents are not aware about energy efficiency labeling on device (star rating concept) and that their willingness to incorporate power saving device even if the initial cost were higher while 63% respondents said that resident welfare association is not taking any efforts to increase awareness regarding energy efficiency implementation and they should make efforts to aware people about the implementation aspect. CONCLUSION Designers have suggested certain ways in which energy efficiency of an existing building can be improved. Most of them said that people have to be made aware regarding the usage of energy efficient devices and they should be made ready to spend more on energy efficient devices. Government should also make efforts in spreading awareness through more seminars and conferences at local level as well. Energy auditing can be done to make people aware that how much energy they are consuming and by implementing these features they are cutting on lot of unnecessary wastage. Energy efficient techniques like energy efficient glass, dual flush system, waste water utilization etc. should be done to improve the energy efficiency of a building. Guidelines to create Awareness regarding the Implementation of Energy Efficient Interior Products (a) Windows on the north or east side should have sheer curtains so that daylight can come inside and not the heat. (b) Windows on the south and west should be properly shielded on outside by canopies and inside by curtains. (c) Toilets should have big ventilators so that in daytime more natural light can be utilized. (d) People living on top floor should have terrace gardens as it reduces the temperature to around 3 degree Celsius or potted plants can be kept to withstand heat. (e) A small herbal kitchen garden should be made in front of the kitchen window. (f) Heat retardant paints should be used on the external wall that helps to reduce the temperature in the room. (g) Floor carpets should be avoided as it produces heat and increase the temperature in the room. (h) Wooden flooring is considered to be good. (i) Energy star labeled devices should be used as they are energy efficient. (j) Cleaning of tube lights should be regularly done. (k) Garbage should be thrown in segregated bins bio-degradable and nonbiodegradable. (l) Rain water harvesting should be a compulsory practice to increase the ground water level. (m) Proper cross ventilation should be there for air circulation. (n) CFLs T6, T8 should be used for saving lights and switched off when not in use. REFERENCES [1] EPA,2006. Newsletter on Green Buildings and

[2]

[3]

[4]

[5]

[6]

Energy Efficiency: Digilence Pays, EPA ENewsletter, USA Choudhary, A. (2011). Re-Development of Housing Society - Mumbai. The Journal Of The Indian Institute Of Architects. Energy Efficient Interior Design Tips. (2011, march). Retrieved june 2011, from Interior Design: http://www.interiordesignpro.orglbloglenergyefficient-interior-design(2009). Energy Efficiency in architecture: An Overview. In Energy Efficiency in Architecture: An Overview. Energy efficient technologies and its benefits. (2012, January). Retrieved December 2012, from http://africatoolkit.reeep.org/modules/Module12.pdf Green building. (2011, june). Retrieved tuesday 20 11, from Green Building: http:llen. wikipedia.orglwiki/Green Building

THE INDISPENSABILITY OF WOMEN SOCIAL FREEDOM FOR SUSTAINABLE DEVELOPMENT OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp.63-66, 2013 Navneet Kaur Department of Community Education and Disability Studies, Panjab University, Chandigarh, India. ENVIRONMENTAL INDUCED INTERNAL DISPLACEMENT: A NEW CHALLENGE FOR HUMAN SECURITY VIS-A-VIS INTERNAL SECURITY-A LITERATURE BASED APPRAISAL OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 67-84, 2013 Mithilesh Narayan Bhatt Faculty of Law, Raksha Shakti University, Ahmedabad- 380016, Gujarat, India. SEXUAL HARASSMENT AGAINST WOMEN IN INDIA OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 85-92, 2013 Varun Kapoor a, Kanika Dhingra b a Amity Law School, Delhi, afilliated to Guru Gobind Singh Indraprastha University, Dwarka, India. b Vivekananda Law School, Delhi, afilliated to Guru Gobind Singh Indraprastha University, Dwarka, India. MAKING EXISTING HOMES GREEN AND ENERGY EFFICIENT: CASE STUDY OF STUDIO APARTMENTS IN DELHI AND NCR OIDA International Journal of Sustainable Development, Vol. 06, No. 10, pp. 93-98, 2013 Anju Kakkar a a Lady Irwin College, Delhi University, Sikandra Road, New Delhi-110001, India.

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