REPORT 6 TH 10 TH JANUARY, 2020

REPORT

on

FIVE- DAY IN-SERVICE TRAINING

PROGRAMME FOR AIS OFFICERS (IAS,

IPS & IFoS), OFFICERS WORKING

UNDER THE CENTRAL STAFFING

SCHEME, CENTRAL SECRETARIAT

SERVICE (CSS) AND CENTRAL

SECRETARIATE STENOGRAPHER

SERVICE (CSSS) OFFICERS

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

In association with

DEPARTMENT OF PERSONNEL & TRAINING, GOVERNMENT OF INDIA

FIVE-DAY IN-SERVICE TRAINING PROGRAMME FOR AIS OFFICERS (IAS, IPS & IFoS), OFFICERS WORKING UNDER THE CENTRAL STAFFING SCHEME, CENTRAL SECRETARIAT SERVICE (CSS) AND CENTRAL SECRETARIAT STENOGRAPHER

SERVICE (CSSS) OFFICERS

On

“ENVIRONMENTAL GOVERNANCE IN INDIA: ADMINISTRATIVE,

LEGISLATIVE AND JUDICIAL PERSPECTIVE

By

CENTRE FOR ENVIRONMENTAL LAW EDUCATION, RESEARCH AND ADVOCACY (CEERA)

6TH -10TH JANUARY, 2020

TABLE OF CONTENTS

ACKNOWLEDGMENTS 4

INTRODUCTION 5

About the Institution 5

About the Center 6

Focus of the training programme 7

About this Report 7

SUMMARY OF PROCEEDINGS AND FIELD TRIPS 8 - 24

Day 1 - January 6, 2020

Registration and inauguration 8

Session - 1: Constitution and Environment and the Institutional Framework of Environmental Regulation in India.

9

Session - 2: Approaches to Address Water Quality and Challenges in Rapidly Urbanizing Catchments.

10

Field Visit - 1: Vrishabhavathi Valley visit/Sewage Treatment Plant, Kengeri 10

DAY 2 – JANUARY 7, 2020

Session – 1: Climate Change and Negative Emission Technologies. 12

Session – 2: Clean Energy, Coal and Environment. 12

Session – 3: Administration and Adjudicatory Governance in Environmental Law. 13

Field Visit – 2: Material Recovery Facility in Jigni Saahas Zero Waste 14

Visit to Art of Living (AoL) 15

DAY 3 – JANUARY 8, 2020

Field Visit – 3: Nandi Hills 17

Session – 1: Environment Law in International Scenario: Basel Convention 18

Session – 2: Environmental Governance and Food Conservation Act 18

DAY 4 – JANUARY 9, 2020

Session – 1: Environment Crimes and Criminal Procedure 20

Session – 2: Environment Protection Act and NGT 20

Session – 3: Best Practices in Solid Waste Management 21

Field Visit – 4: High Court of Karnataka 21

DAY 5 – JANUARY 9, 2020

Session – 2: E waste Management Laws and Policy Framework 22

Session – 3: Natural Law 23

We take this opportunity to acknowledge all those organizations, institutions who participated and contributed in the Five-Day In-Service Training Programme for AIS Officers (IAS, IPS, & IFoS), Officers Working Under The Central Staffing Scheme, Central Secretariat Service (CSS) And Central Secretariat Stenographer Service (CSSS) Officer on Environmental Governance in India: Administrative,

Legislative And Judicial Perspective organized at the National Law School of India University from 6th

to 10th January, 2020. In Particular, we would like to express our gratitude to the Department of Personnel

& Training, Ministry of Personnel, Public Grievances and Pensions, Government of India and in

particular Mr. Bishwajith Baneerjee, Under Secretary (TRG), who was instrumental in organizing this course.

We would like to express our deepest gratitude to Prof (Dr.) Sudhir Krishnaswamy, Vice Chancellor, NLSIU, for his support and Prof. (Dr.) Sarasu Thomas, Registrar & Professor of Law, who took out time from her busy schedule to grace us with her presence.

We also express our deepest gratitude towards Mr. Ashit Mohan Prasad, Director General of Police (DGP), Internal Security Division (ISD), Government of Karnataka, Hon’ble Mr. Justice N Kumar, Former Judge, High Court of Karnataka and Mr. Bishwajit Mishra, IFS, CCF(ICT) Karnataka Forest Department, who took out time from their busy schedules to grace our inaugural and valedictory sessions as the Chief Guests, respectively.

We express our deepest gratitude toward our resource persons for the Course who engaged the participants in discussions on various relevant topics and issues pertaining to the subject at hand.

We also like to thank all the participating officers of the training programme whose enthusiastic involvement in the programme made it a success.

Group Photograph during the Inaugural

ABOUT NLSIU

The National Law School of India University, India’s premier law university, came into existence through a Notification under the National Law School of India University Act (Karnataka Act 22 of 1986). It signified the culmination of efforts by the Judiciary, the Bar Council of India, the Karnataka Bar Council, the Bangalore University and the Government of Karnataka to reform legal education and to establish a center of excellence for legal education and research in India.

The Chief Justice of India is the Chancellor of the University. The Chairman of the Bar Council of India, is the Chairman of the General Council of the University. These connections lend a stature and prestige to the School which is unparalleled in the history of legal education in India. The Karnataka Act confers complete administrative and academic autonomy which facilitates innovation and experimentation in the pursuit of excellence in legal education. The Law School has undertaken many research projects funded by the UGC, the Government of India, the Government of Karnataka, the Department of Women and Child Development, UN agencies, the World Bank, HIVOS etc. These have served to strengthen research and teaching at the Law School.

The National Law School has exchange programmes with the National University of Singapore, Osgoode Hall Law School, York University, Canada and Buceuius Law School, Germany. Students from the Law School have spent a Semester in these Law Schools and their students have spent at least a Trimester here. This has facilitated exchange of ideas and culture between not only the law schools but also the countries. Faculty members of this University have gone to the Universities of Wales, Warwick and Nottingham and Faculty from these Universities have spent some time here engaged in teaching and research under the Exchange and Faculty Improvement Programmes facilitated by the British Council, Chennai. A number of professors and judges from the U.S.A., Canada, U.K., Australia, Singapore, Hong Kong, China, South Africa, Malaysia and New Zealand have visited and interacted with, and even taught, at the Law School.

ABOUT CEERA

Centre for Environmental Law Education, Research and Advocacy (CEERA), was established in 1997 and is a benefactor of the Ministry of Environment and Forest (MoEF), Government of Karnataka, the Bar and the Bench in India and several Institutions and Universities in India and abroad. Building an environmental law database, effectively networking among all stakeholders, building up an environmental law community and policy research in the area of environment are CEERA’s main objectives. To achieve the said objectives, CEERA has incessantly and successfully been able to build functional and professional linkages with government agencies and non-governmental organisations in India, the South Asian Region and at International levels. Apart from handling and furthering India’s environmental conservation work involving policy analysis, campaigning, community capacity building and strategic level intervention on critical environmental issues, CEERA serves as a rich resource centre for environmental law teaching and research for both the bachelors and masters courses at NLSIU.

The Centre, established in the early 1990s, has consistently been associated with some of the pioneering research work in all of educational institutions in the country. One of the first to successfully be granted a World Bank project and thereafter being a steady choice for the Ministry of Environment Forest and Climate Change, CEERA has been entrusted with research projects and workshops to Forest Officers, Revenue Officers, Officers of the Central Pollution Control Board and also of the Government of Karnataka. CEERA is proud to have been consistently associated with and has become a preferred resource centre for carrying out research and training programmes in the most effective and constructive manner. CEERA annually organises, a UGC recognized, One-week Law Teacher’s Refresher Course and has been doing so for the past few years.

The most recent successfully concluded projects by CEERA have been with the United Nations Development Programme (UNDP), Antrix Corporation Ltd., etc. and currently the centre has an on-going

project with the Ministry of Law and Justice on a conclusive empirical study on the efficacy and strengthening of Commercial Courts in India; and with the Ministry of Environment Forest and Climate Change the centre is working towards studying the legal implications of Hazardous and Chemical Wastes and its handling in India and advising the Government of India in the upcoming COP meetings; another on-going project is with the Directorate of Municipal Administration, Government of Karnataka.

CEERA has also made several publications in the area of environmental law, the law and public policy along with Newsletters, CEERA March of the Environmental Law, NLSIU’s first e-Journal – Journal on Environmental Law, Policy and Development and manages three websites viz., www.nlsenlaw.org, wherein the law and policy on Environment is regularly updated, and www.Nlsabs.com, a dedicated portal wherein the law and policy on Access to Benefit Sharing is updated periodically and the latest, www.nlspub.ac.in which is a dedicated website for all the publications and recent programmes and events being held by CEERA.

FOCUS OF THE TRAINING PROGRAMME:

Given the dynamic nature and continuous evolving of the law, the focus of this training programme was

Environmental Governance in India; Administrative, Legislative and Judicial Perspective. The relevance of Environmental Law in the country is tremendous as the same has evolved only due to Judicial Activism and prompt actions taken by the administration of the country, over a period of time. Till date, the most number of litigations and issues which arise within the administrative setup relate to Environmental Law and its governance and the jurisprudence of this law has evolved from legal conflict. Therefore, it is of the opinion that the branch of public officials who are responsible for law enforcement, must be made aware of, at regular intervals, about the pressing practical issues with the law.

ABOUT THIS REPORT

This report summarizes the events, main discussions, field visits, findings and recommendations that transpired over the course of the Training Programme.

Day 1 - January 6, 2020

Registration and Inauguration

The training programme was initiated by the participating officers registering themselves at the reception where they received a welcome kit from the law school. The welcome kit for each participant included a university bag, a copy of the recently published Journal on Environmental Law Policy and Development and the First Publication in the form of a Handbook under the Three-year research project granted by the Ministry of Environment, Forest and Climate Change “Collaborative Engagement For Research, Training And Development In The Handling Of Chemical And Hazardous Waste”, the handbookgives an overview of the laws and regulations governing the chemical sector and the handling of hazardous waste and is designed as a ready reckoner for stakeholders working in the field of chemicals and hazardous waste.

The training programme commenced with Ms. Raagya welcoming and giving all the participants a brief insight on the aims, objectives and functions of CEERA, she also welcomed the Chief Guest of the event Mr. Ashit Mohan Prasad, Director General of Police (DGP), Internal Security (ISD), Government of Karnataka.

The Registrar, Prof [Dr.] Sarasu Thomas, of NLSIU made the welcome address and also presented the memo of communication to the Chief Guest. The Registrar in her address to the participants aptly called Environmental Law an innovation in itself and referred to NLSIU as a pristine institute that provides various platforms to pursue this innovation.

The Chief Guest in his address spoke in detail about the Bhopal Gas Tragedy and the legislative and legal impact after the event.

The inaugural session was concluded on a pleasant note, celebrating the opportunity to bring in impact and goals on Environmental protection.

Session - 1: Constitution and Environment and the Institutional Framework of Environmental Regulation in India.

Prof. Dr. Sairam Bhat

Prof. (Dr.) Sairam Bhat commenced his lecture by commenting on the conflict between development and Environmental law, making it a hurdle in conserving the Environment. Prof. Bhat however highlighted that the State of Karnataka amidst these conflicts has managed to add to the Forest Cover over the past couple of years, bringing hope and motivation towards sustainable conservation.

He then discussed the Administrative Process with respect to Environmental Law. He explained the requirement of administrative consent from the Pollution Control Board and the Environment and forest clearances from various departments for setting up of industries. By establishing the said procedure, the effect on Environment can be scrutinized and any violation of norms can lead to the revocation of such clearances and consent.

Further speaking of the Biological Diversity Act, 2002, Prof. (Dr.) Sairam Bhat commented that conservation was an indirect effect of this Act and that the primary purpose of this Act was to prevent Bio-privacy. Indian’s have only lately recognized the potential of bio-resources to be held with patent rights. There have been many instances where scientists from different nations have been caught trying to study and make best use of the Indian Bio-resources. Thus, to safeguard the Indian Bio-resources the Biological Diversity Act, 2002 came into place. Prof. (Dr.) Sairam Bhat, further implored the prospect of the Local Bodies such as the Panchayat and their right to revoke their NOC’s provided to the Industries.

Session - 2: Approaches to Address Water Quality and Challenges in Rapidly Urbanizing Catchments.

Dr. Priyanka Jamwal

Dr. Jamwal spoke in great length of the methodologies adopted by the Pollution Control Board, to monitor and control the quality of water and said that currently there are 1245 monitoring stations that have been set-up across the entire nation. It was stated that the PCB has recognized mainly three categories of pollutants and collects the samples in time gaps of 3 months, 6 months and annually, and such samples are tested accordingly. The standards for testing have recognized the bare minimum criterions to be tested for, which were satisfactory standards to the pre-industrialization. Thus, with only fewer criterions tested and with such large time gaps, the PCB has qualified many of the Surface Bodies fit for use. However, the reports presented by ATREE of the Vrishabhavathy River, after following the latest procedures for collection and standards for testing, have shown otherwise. The organization in their study followed the 24 hours Sample collection policy and tested the water for industrial wastes as well. The major changes the water body went through over the period of 24 hours, was quite a shock and would not qualify the water body as categorized by the PCB for domestic or agricultural usage. Dr. Priyanka cited similar discrepancies in the reports of the Jakkur Lake and the STP’s across the nation. To rectify these short comings she had strongly urged for bringing in procedural corrections in collection of samples, labs to test the samples further with other essential criterions and make it a regular routine bound procedure. She also mentioned the possibility of replacing the current STP’s with the In-stream Treatment systems and other such future plans.

Field Visit - 1: Vrishabhavathi Valley visit/Sewage Treatment Plant, Kengeri

The officers along with Ms. Geethanjali. K.V. and Mr. Rohith Kamath visited the Vrishabhavathi Valley Sewage Treatment Plant in Kengeri. Dr. Priyanka Jamwal along with Mr. Rahul Priyadarshi, the Executive Engineer, V-Valley (STP) and Mr. Bharath

Kumar, Assistant Executive Engineer,

V-Valley (STP), explained the technical working of STP. The STP’s primary and secondary treaters were being relocated and adjacent to which a new plant was being constructed to treat an additional 150 MLD of Sewage water every day. The BWSSB

officer exclaimed that Bangalore District has been divided into 3 valleys and considering the entire district the average inflow of Sewage is estimated to 524MLD per day.

The officers of the BWSSB mentioned that the Department is striving to achieve this goal to treat the entire inflow, but currently treats about 60% of the entire inflow. It was also stated that under the Cauvery 5th Stage of the Project an addition of 15-STP’s shall be made to cater to the future requirements of the District. The STP currently supplies the treated water to the clothing mills in the surrounding area and is extensively planning to also supply over 210 MLD of treated water to region of Chikkabalapur and another 400 MLD to the Kolar region. Ms Priyanka addressed her concern over the utilization of the treated water and stated that such treated water would also be used to rejuvenate and restore surface water bodies. She requested the BWSSB office to set-up a boundary of zone of influence around such rejuvenated water bodies to prevent the installation of borewells, which would be used for drinking and other domestic purpose. She also expressed her concerns over the fact that many of the STP’s around the nation weren’t functional, but the BWSSB officers assured her of the functionality of over 90% of the STP’s set-up in Bangalore. The BWSSB officers further clarified the queries of the participants and a visit to the construction site of the new STP concluded the field visit.

DAY 2 - JANUARY 7, 2020

Session – 1: Climate Change and Negative Emission Technologies. Dr. Indu K. Murthy

The concept of Negative Emissions Technology was explained as a method of taking advantage of carbon flow between the atmosphere, oceans, land and biosphere. It was also mentioned that the entire issue of climate change can be explained through the Greenhouse Effect.

A question was then posed on the relation between industrialization and climate change. The less known factors that are contributing to increasing temperatures such as livestock were then discussed. It was also mentioned that due to massive amount of carbon being released, biodiversity was suffering. She also drew attention to the fact that the Amazon was losing one million football fields’ equivalent worth of land every year. She then mentioned other effects like that of some areas getting lesser amount of rainfall and others a lot more with a major change in intensity of rainfall and how such a change was a double edged sword and the possible consequences depending on areas where such high intensity rainfall is happening of such a situation. She also mentioned how climate changes were being taken into consideration by the government when planning for infrastructure and investments etc.

1.Next, the topic of INDC was dealt with. INDC is an international climate agreement adopted by countries across the globe at the UN Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP21).

Questions were then posed by the participating officers as to the liability of the countries not fulfilling their terms and pulling out of the Paris Agreement, which were duly answered by Dr. Murthy.

Session - 2: Clean Energy, Coal and Environment. Dr. R. Srikanth

Dr. Srikanth dealt with the comparative analysis between countries’ emissions and the disparities between them. China and India are facing the most pressure to reduce their emission levels. There is also a lot of unfair blame being thrown around and that even the poor in our country have a right to energy. He also revealed that India is well on its track on achieving the 2020 deal. He also talked of the need for transition, the putting up of super critical plants to be highly water efficient and the National Clean Energy Fund.

Dr. Srikanth then also made a comparative analysis of the state run DISCOMs in the country and arrived at the conclusion that the southern states’ DISCOMs are better managed. He also listed certain 25 year old plants that are to be shut down by the year 2023. The need to retire certain other plants faster in order to restore balance and save power is also mentioned.

He then goes on to cite Germany as a classic example of what not to do. Germany is known for producing the costliest power, through the process of subsidizing rooftop power. He links this with the fact that the manufacture of solar panels is not free from emissions.

Session – 3: Administration and Adjudicatory Governance in Environmental Law. Prof. (Dr.) M.K. Ramesh,

Professor Ramesh commenced his session with an eloquent quote from Hamlet. He mentioned that Environment Law is an area with which the officers were not likely to be particularly familiar with. Professor Ramesh then went on to deal with the basic principle of governance - Doctrine of Separation of Powers. However, the Indian constitutional scheme does not believe in separation of powers. He stated that in the recent times, Courts, especially the High Courts and the Supreme Courts have taken on the role of super administrators and that a wide array of judgments has been passed in this regard. He defended these actions of the Court by stating that the Court can pass

any Order because it is not only Court of Law, but Court of Justice. A Court of Law can perform a variety of functions other than what it is strictly confined to, and an administrator is not just an administrator, but a quasi-judicial authority.

The Environment Protection Act, 1986 was then discussed at length starting from its provision which says that in order to work this law, the government may create bodies for laws under or related to this Act. There is no need to stress over the issue of doctrine of separation of powers since the whole Indian system of governance is for public interest and to meet the goal of being a sovereign, and is upheld by the Constitution. Professor Ramesh concluded his lecture with the statement- when we think of environmental governance, we think of our entire life!

A question was then posed as to the performance of the Biological Diversity Act to which Professor Ramesh stated that the enforcement of the Act was a shared concern and that even after 17 years of the Act’s existence and implementation, clarity was still sought regarding it. He stated that it is the custodians who breathe life into the law in order to make it work and that most laws have not been applied in letter and

spirit. The Professor at this juncture remembered former President of India, Rajendra Prasad as having said that no law will become good by length but instead by how it works since a law is not a machine.

Field Visit – 2: Material Recovery Facility in Jigni Saahas Zero Waste

Officers along with Mr. Raghav Parthasarathy and Mr. Vikas Gahlot, CEERA, NLSIU, visited the Material Recovery Facility (MRF) – Sahaas Zero Waste Foundation post lunch. Mr. Preet Prakash

Khatri, Manager, MRF, guided us by showing around the facility and explained about the process that the

facility is involved in. The waste segregation center is situated in Jigani, Anekal Taluk, Bengaluru. Any metropolis has the issue of garbage disposal and Bengaluru is not any different. The amount of waste generated in the city is approximately 5000 tons every day. Out of this, around 45 tons of garbage is collected for segregation, processing and transport. MRF at Jigani handles only the dry waste from several IT parks and other companies who have entered into a Contract for the supply of dry waste for collection and segregation. The bulk waste generators have a major part in operation of this facility and their duty to dispose of the waste in a responsible manner. Apart from collecting dry waste from these generators, waste is also collected from Apartments and other bulk generators. It is one of the biggest recovery facilities not just in the state of Karnataka but in the whole of India.

The waste is initially collected and then the waste is hand-picked for the purpose of segregation. The segregated waste is then put on the conveyer belt for further classification as there are specific blocks that are created including waste materials like tins, tissues, bottles and other common types of wastes collected. There are 20 categories of waste that is collected and segregated. These segregated wastes are then collected and sent to recyclers which are then transformed into products such as stationery, chip boards and T-shirts. As a part of the tour to MRF – Sahaas Zero Waste, a briefing session was held for about half an hour wherein Mr. Preet, took the officers in and around the facility explaining the functioning of the facility. The visit concluded at around 4 PM and the officers were taken to the Art of Living, Kanakapura Road, Bengaluru.

Visit to Art of Living (AoL)

At around 4.30 PM, we reached the Art of Living Centre. The officers were guided by Ms. Dipyanka, Trainer at AoL. Ms. Dipyanka showed us around the campus of Art of Living and took us to Panchamukhi Ganapathi Temple. Post the visit to temple, the Officers went to Go-shala where different breed of cows and bulls are taken care of. These are basically from Gujarat and other parts of the country where the native cows and bulls are available. AoL takes care of these cows and collect the Gomuthra and milk and are sold and supplied to the nearby villages.

Subsequent to the visit to Goshala, Dr. Lingaraju Yale, Director and Mr. Ravindra Desai accompanied us to explain about the river rejuvenation program and the work undertaken by AoL for the river and lake preservation. It was informed to us that several rivers in and around Bengaluru and other parts of the country have been rejuvenated by AoL. In several places where the rainfall is scanty, water especially ground water has been overused to the extent that despite digging over a 1000 ft., traces of water is still not found. The AoL devised a three-pronged strategy for the river project which is comprehensive, sustainable and community driven. Dr Lingaraju also explained that several projects like desilting river beds and water bodies, afforestation and change in crop pattern are some of the few other projects that AoL has undertaken.

After the meeting with Dr. Lingaraju and Mr. Desai, we were taken to meet Sri Sri Ravishankar Guruji at his office. Guruji met officers and gave his blessings and told the officers to have Prasada at the Annapurna Hall. Officers later on had dinner at Annapurna Hall and concluded the field visit for the day.

DAY- 3 - JANUARY 8, 2020

As a part of the course outline, the officers were taken to Nandi Hills at 4.30 AM in the morning. At around 5.40 AM, we reached the top of Nandi Hills and the officers were guided by Mr. Ramesh, Special officer,

Nandi Hills, Department of Horticulture, Government of Karnataka. The officers viewed the sunrise

from the top of hills at a viewpoint. Mr. Rohith Kamath, Mr. Raghav Parthasarathy and Mr. Vikas

Gahlot accompanied the officers. After the sunrise, the officers were taken on a tour guided by Mr. Ramesh

who explained various spots which have historical significance. Starting from Yoga Nandishawara, which is an ancient temple built on top of the hills has been developed by different rulers over a period 1100 years.

Later, the officers were told about the significance of Nandi Hills and the role of Department of Horticulture in maintaining the said hills. Subsequently, we went to Nehru Nilaya where the meeting was organized along with snacks and beverages. A brief session for over half an hour was engaged by Mr. David, United Way, a Non-Government Organization and Mr.

Ramesh, briefed the officers about various problems plaguing the Nandi Hills. Post the discussion, the officers had a discussion with Mr. Ramesh and the meeting concluded. Subsequently, at Discovery Village, the officers were taken for Breakfast which is a resort in the foothills of Nandi. After having the breakfast, we headed back to Law School for the post lunch sessions.

Session – 1: Environment Law in International Scenario: Basel Convention Prof. Dr. M.K. Ramesh, and Dr. T.R. Subramanya

The session started with a discussion on how the passing of the Endangered Species Act in the United States of America gained momentum throughout the globe and that it was to promote commerce, wildlife, tourist industry, etc.

Prof. Dr. Ramesh felt that a special mention has to be made to the Bhopal Gas Tragedy when dealing with the Environmental Protection Act, 1986. It was a mass disaster, but what was more concerning was that post disaster appropriate measures were not adopted and that the kind of measures that were meant to be taken post a disaster of that magnitude were really simple. He concluded by highlighting that the need for comprehensive law was recognized in the first Environmental Summit at Stockholm in 1972 and handed over the session to Dr. T. R. Subramanya.

Focusing on waste management, Dr. Subramanya started off the discussion by mentioning that Local Governments are assigned with the task to execute this and that if implemented properly, it would lead to sustainable development for the future generations. He narrated that the West is where the production of toxic waste started, and that it started dumping this waste on third world countries. This paved way for the Basel Convention, which aimed at restructuring the movement of trans-country substances.

Drawing towards a close, he described the “No Harm Rule” associated with international environmental law. This rule, he stated, imposes a restriction on the sovereignty of the states and that a state does not have the right to destroy the environment of some other state.

Session – 2: Environmental Governance and Food Conservation Act Prof. Dr. Sharadchandra Lele

Comprehending the problems that the forest sector faces is crucial as forests play multiple roles in the environment. Prof. Dr. Lele, through his elaborate presentation, unraveled such roles played by the forests- they are good for biodiversity, water resources, ecological cycle, timber, bamboos, honey, cane, etc.

Prof. Dr. Lele emphasized on a unique feature that could be attributed to the Indian forests- their social nature. He mentioned that there has been a long and constant reliance of local communities on forests for their basic needs and that this further placed the most dependent communities like the adivasis, etc. in weak positions and contributed towards stratification in villages.

He mentioned that even the conservation process of creating National Parks and Wildlife Sanctuaries was done without consulting local communities nor was it done after recognizing their rights and that no voice was given to the dwellers in forest diversion.

He concluded by stating that better forest governance begins with recognizing the unjust and undemocratic nature of the system. He said that securing agricultural land and forest rights and enhancing livelihoods within sustainability and conservative framework will further pave way for better forest governance and that rebuilding multi-layered democratic governance would help in future.

Day 4 - January 9, 2020

Mr. D R Ravishankar & Mr. Naveen Gudikote

Mr. D R Ravishankar started off with the history of Environmental Crimes which existed prior to the enactment of Environment Protection Act, 1986. He talked about various other Acts such as Biological Diversity Act, Indian Forest Act which pertains to specific question of environmental issues and concerns popularly known as Green Crimes. He explained the definition of Crime as an act punishable by law and Protection against Ex- Post Facto laws under Article 20(1) of the Indian Constitution. Article 20(1) envisages that no person can be convicted of any offence except in violation of a law at the time of the commission of the act charged as an offence.

In the next segment of the session, he also explained the definition of Crimes under various Environmental Legislations.

Dealing with the penal provisions in all related environmental acts, he talked about the need for establishment of a special court and council, appointment of a special magistrate or judge for entertaining environmental issues and appointment of a special prosecutor.

Session – 2: Environment Protection Act and NGT Prof. [Dr.] Sairam Bhat

Professor Bhat began with a brief introduction of the National Green Tribunal as an important body who performs adjudicatory function.

He went on to talk about persons entitled to approach the National Green Tribunal and stated that any person aggrieved can approach NGT and stated as an example that non- citizens residing in a city in India can file a case for air pollution and that NGT can also suo motu take up matters. He explained salient features of the NGT Act, 2000 which acknowledges the Stockholm Convention, Rio conference and right to healthy environment in its preamble. The powers of NGT are contained in Sections 14, 15 and 16. Section 14 puts a limitation on the power of NGT to try criminal offences. It was stated that violation of Environment Law results in a criminal wrong and NGT does not have the power of a Criminal Court and that only civil wrongs involving substantial question relating to environment can be tried by NGT.

Session – 3: Best Practices in Solid Waste Management Ms. Annie Philip

Ms. Philip began her session by stating the problem of improper and irresponsible waste management and that the leading causes of this problem were surface & groundwater contamination, air pollution due to burning of waste, sea & marine life degradation and exploitation of informal workers & with the aid of child labour.

She talked about other effective way of

managing waste apart from the waste to energy practice such as Decentralized Waste Management which has been followed for 25 years in management of waste as close to the source as possible. She stated that this practice has resulted in employment of more than 200 people from lower socio-economic groups, diverted approximately 30 tons of waste from landfills daily and recovery of 85% of the waste as resources.

Field Visit – 4: High Court of Karnataka

The participants had an interactive session with Hon’ble Mr. Justice Dixit Krishna Shripad, Additional Judge of the High Court of Karnataka and Hon’ble Mr. Justice Siddappa Sunil Dutt Yadav, Additional Judge of the High Court of Karnataka. Professor [Dr.] Sairam Bhat, Ms. Geethanjali. K.V., Mr. Raghav

Parthasarathy and Mr. Rohith Kamath had accompanied the participating officers to the High Court of

Karnataka. The Hon’ble judges asked participant’s opinion on courts performing functions of judicial review and governance of environmental law and share their findings & learning from numerous visits and training program.

Day 5 - January 10, 2020

Dr. Srinivas Ravindra

Dr. Srinivas Ravindra spoke about the Environmental regulations and clean technology. He had identified the key methodologies upon which the Government could bring in Environmental regulations such as the diffusion of existing technology, incremental changes in technology, product reformation, and product substitution and called these the ingredients for policy making.

Dr. Srinivas Ravindra had presented the drawbacks of Capping and Trading (Certified Emissions) and given us an alternative of Renewable Portfolio Standards. He also enumerated on the other aspects of the linkages made in preventing leakage with shift in demand, taking example of the electric cars, he opined that when the shift in demand is created, it should not commit to a plan where it would replace the system at the local stage, but generate the same amount of emission for running the technology.

He concluded by stating that the judiciary too has sensitized the issue and have adjudicated showing much concern for the protection of environment.

Session – 2: E waste Management Laws and Policy Framework Mr. Hemant Bagai

Mr. Bagai started off his session by pointing out that the increase in production of e-waste is majorly due to the rapid evolution and investment in technology. He stated that all the tech. companies have been launching various products year by year without consideration of the waste generated by old products. He expressed his concerns that the import trade of waste has also contributed for further generation of e-waste. Mr. Hemant Bagai concluded his session by suggesting some strong changes and policy matters which must be considered by the government.

Session – 3: Natural Law Dr. Manjeri Subin

Dr. Manjeri Subin began his session by making the comment that there are no such Rights as Right to Environment, explaining further he mentioned that only recently has the judiciary read it into the Art. 21 of the Indian Constitution, else there are no such Rights mentioned in the constitution of India with regards to the Environment. He also noted that the duty of protection of the Environment in Art. 48(A) are also recent additions and not remedial by the Courts.

Dr. Manjeri Subin also brought the fact to notice that the Courts have also seen conflicts in recognizing these legal persons, citing two US cases known as the Scenic Hudson preservation case of 1968 and the Sierra Club v. Morton case of 1972, in the former case the Court had recognized the mountain to have legal rights, however in the latter case these Right for Environment were over-ruled. Thus, courts to are conflicted in their stands on providing the rights to Environment. Dr. Manjeri Subin after speaking in-depth of all these issues ended the session by throwing an open question, “ If the rivers, mountains or any other body coming under the Environment is Given the status of a legal body, can this legal body also be sued for any events of flooding or any other such events?” .

Valedictory Session

Hon’ble Justice N Kumar began his address by recognizing the grievances of the officers with the current

judicial proceedings. Speaking about the judicial activism taken over in the nation Hon’ble Justice N Kumar, said that the courts have only intervened as the administration had remained inactive in performing functions. Hon’ble Justice N Kumar also mentioned that India is aiming to become an Economic and Political Superpower, and in terms of the conflict between Development and Protection of Environment, our country may be way ahead, but have to also ensure we rank further ahead. The public now would not remain silent on any such matter and voice deep concerns and realization over the protection of Environment. Thus, it leaves no choice for the Judiciary but to interfere in these matters.

Group Photograph during valedictory

Mr. Bishwajit Mishra acknowledging the various suggestion and advises made by Hon’ble Justice N

Kumar, also took the opportunity to share his encounter and support received by him by the judiciary in the Bellary Mining Case. He further added that despite the number of bodies monitoring the mines, the illegal export of 300 metric tons of material occurring under their supervision was indeed a failed co-operation of departments and inefficient working. Thus, the intervention of the courts on the matter rectified and has resolved the matter to great extent.

Mr. Bishwajit Mishra concluded his address by expressing deep gratitude for the judicial performance and further added the heightened importance of IT.

The valedictory session ended with the distribution of certificates to the participating officers and a group photograph with the Chief Guests.