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Natural Resources Governance, policy and Legislation

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  1. Introduction
  2. Natural resource governance and policy
  3. Environmental legislation

Introduction

India is endowed with a wealth of resources. Our nation is currently making an integrated effort to maximize the potential of the currently available resources. It also helps to create employment opportunities and meet the wants of an expanding population. It simultaneously serves as a development-level indicator. Three essential resources, namely land, soil, and vegetation, will be studied in this session. The natural resources were in excess of human needs when humans first appeared more than two million years ago. As the number of people expanded, more food and resources for housing were needed, and these were being taken from the environment at an increasing rate. Humans continue to use natural resources to fulfil their needs even today. Like other animals, humans likewise completely relied on the environment for sustenance in order to survive. Given their intelligence, humans use environmental resources for a variety of objectives beyond just obtaining sustenance. The environment has suffered significant harm and degradation during the past few centuries as a result of the huge growth in the utilization of environmental resources. Anything that is or may be made useful to humans in order to meet their requirements is a resource. Natural resources include air, water from rainfall in lakes, rivers, and wells, soil, land, forest, biodiversity, minerals, fossil fuels, and other resources that are directly accessible from nature. You will learn about natural resources in this section, including how human activities degrade and deplete them. You will also learn about how natural resources are used and exploited and how they are being overused.

The resources that support humanity come from a variety of sources, or "spheres," including the biosphere, the lithosphere (soil and minerals), the hydrosphere (water), and the atmosphere (air) (flora and fauna). Natural vegetation is the collection of plant species, such as trees, shrubs, grasses, creepers, climbers, and the like, that coexist in a particular habitat. Any nation's ability to sustain itself, expand, industrialize, and experience economic progress can be predicted by looking at its energy requirements and supplies. According to the sources, these are separated into two categories scientifically. First, non-renewable resources that cannot be recycled and may run out, such as fossil fuels, oil, and coal, and second, renewable resources, such as air and water, that can be recycled and reused and may not run out if used wisely. Additional categorization is based on usability and is broken down into primary, intermediate, and secondary sources. Primary resources, such as coal and crude oil, are found in nature before being converted or transformed by humans. Secondary resources are the types of energy that are finally supplied to a consumer for use are known as secondary or usable energy, for example, electrical energy (in the form of steam or hot water), chemical energy (in the form of hydrogen or fossil fuels), etc. Intermediate resources are those that are obtained from primary energy through one or more steps of transformation and are used as vehicles of energy.

Anything that is or may be made useful to humans in order to meet their requirements is a resource. Earth's natural processes and materials are what keep life on the planet alive. The three main non-renewable fossil fuels are petroleum, natural gas, and coal. With a high rate of consumption, they are gradually becoming depleted. To preserve fossil resources for the future, other energy sources must be discovered. Minerals are significant non-renewable resources that are crucial to the expansion of our economy and industrial base. Several states in India have abundant iron deposits. Non-ferrous metallic minerals include copper, tin, lead, zinc, aluminium, gold, silver, and aluminium. Numerous non-metallic minerals, including limestone, dolomite, and mica, are abundantly found in India. Deterioration in land quality is referred to as land degradation. Topsoil particles are loosened and moved by the natural process of soil erosion. The majority of wind-driven soil erosion occurs in dry, desert areas where there is insufficient vegetation to cover and retain the soil in place. When biocides are applied, both pests and beneficial non-target organisms perish. In areas with high temperatures, over-irrigation of agricultural fields leads to waterlogging and salinization. Additionally, excessive irrigation elevates the water table and depletes groundwater supplies. Innovative farming practices can stop or slow down soil deterioration. Remedial actions can be taken to improve the condition of the soil. 
These include 
  • (i) planting trees to block wind, 
  • (ii) using farming methods such as cultivation at right angles to the wind's direction, contour farming, strip farming, and terrace farming, 
  • (iii) keeping the field as vegetated as possible, 
  • (iv) refraining from tilling the field, 
  • (v) cultivating polyvarietal crops in fields, and 
  • (vi) adding organic matter to the soil.

An essential natural resource is water. Rivers, lakes, ponds, tanks, and groundwater are among the resources for usable water. There are a number of causes of water scarcity, including: 
  • (i) Increased demand of an increasing population. 
  • (ii) Increasing demand by expansion of irrigation and its demand. 
  • (iii) Increasing water use due to changing in lifestyle. 
  • (iv) Silting of rivers (v) Bad management of water resources. 
Water conservation is essential since it is used for irrigation, residential use, industry, and raising animals. Water may be saved by managing water resources properly. this may go in one of four ways: 
  • (i) Reducing wastage of water, 
  • (ii) Storage, 
  • (iii)Recharging and 
  • (iv) Harvesting of water.
The greatest way to reduce water waste is through individual initiatives, government enforcement, and media campaigns to raise public awareness. Rainwater collecting, routine desilting of canals and ponds, and flooding of aquifers are all methods of water harvesting. Pollutant removal from freshwater bodies is another method of producing drinkable water. Through the river action plans, our rivers Ganges and Yamuna are being cleaned up after becoming contaminated. The ability to perform tasks is referred to as energy. Both renewable and nonrenewable energy exists. Fossil fuels are considered traditional energy sources, while renewable energy sources include solar, wind, hydropower, tidal, geothermal, and biomass. Biofuels are made from plants and plant products, and they can be in liquid form (such as bioethanol) or gaseous form (such as CO2 and CH4) (bio gas). Biodiesel is produced from the oil seeds of plants like Jatropha, Hevea, and Callophyllum. Energy can be saved by taking certain precautions both at home and at work. India has a well-planned program for electricity conservation. The creation of fuel-efficient automobiles will help to reduce both energy waste and greenhouse gas emissions.

Natural resource governance and policy

Anything that is or may be made useful to humans in order to meet their requirements is a resource. Natural resources include air, water from rainfall in lakes, rivers, and wells, soil, land, forest, biodiversity, minerals, fossil fuels, and other resources that are directly accessible from nature. Thus, our environment provides natural resources. The utilization of resources was constrained when the human population was tiny and people led restricted, moderate lives. However, rising population and economic activity that led to excessive material consumption are heavily taxing the world's natural resources and seriously harming the environment. In order to create their homes, farms, and factories, people have been clearing forests, draining wetlands, and reclaiming coastal areas. Fossil fuel is used extensively in both transportation and industry. Forest destruction results in biodiversity loss, denying future generations access to this priceless resource. Therefore, in order to ensure that natural resources are used sustainably, it is crucial to stop further degradation of them and use them with care and discretion. Natural resource conservation entails using natural resources wisely to prevent waste, depletion, and degradation while preserving their availability to both current and future generations.

International law establishes fundamental guidelines regarding the conditions under which countries can assert their property rights in resources. This framework shapes how countries view resource issues and the types of solutions they take into consideration. International law is therefore necessary to understand how countries handle issues relating to natural resources, but it is hardly a sufficient component as political, economic, social, scientific, or technological factors frequently also play an equal or greater role. There are three ways that international law appears to be significant when considering global resource policies and issues:
  1. The ways that various legal interpretations of national property rights impact the framework of international resource agreements;
  2. The ways that legal disputes reveal underlying disagreements regarding equity or fairness in international natural resource agreements; and 
  3. The ways that international law can assist nations in forging cooperative agreements to address resource issues.
Major environmental laws dealing with protection of environment can be divided into following categories
  • Water pollution 
  • Air pollution 
  • Environment protection 
  • Public liability insurance 
  • National environment appellate authority 
  • National environment tribunal 
  • Animal welfare 
  • Wildlife 
  • Forest conservation 
  • Biodiversity 
  • Indian forest service
International law is therefore vital to understand how countries handle issues relating to natural resources, but it is hardly a sufficient component as political, economic, social, scientific, or technological variables frequently also play an equal or greater role. The life on earth depends on forests, which are the foundation of all life. The forests serve three main purposes: i)they are productive. ii) Stabilizing and iii) Protective functions.

Forests continue to supply timber and many models made from plants used in medicine. The forests provided all of the food, housing, and clothing for tribal people, who also preserved the forests as a result. Shifting cultivation, the demand for lumber, paper and pulp, commercial wood and firewood, and mining operations all contribute to the destruction of forests. Deforestation also contributes to climate change, soil erosion, flooding, and the extinction of wildlife. Deforestation causes a massive loss of biodiversity since many unidentified species of biota are wiped off the face of the earth. Extinct species are those that lost out due to their inability to adapt to the new environment. Since endangered animals are rare and have a narrow home range, any environmental deterioration could lead to their extinction. Threatened species are likely to become extinct if their environment gets worse. Species that have had a recent decline in numbers and are still declining are said to be depleted. Species whose status is unknown because of a lack of information are considered indeterminate species. Although desertification is a natural occurrence, human activity frequently speeds it up. They include unchecked grazing, indiscriminate logging, excessive mining, uneconomic usage of farmland, and resource exploitation of water. Deforestation and desertification are two connected issues that result from excessive human use of natural resources, which harms the planet irreparably.

Environmental legislation

Environmental challenges such pollution of the water, air, and soil, land degradation, industrialization, urbanization, the loss of natural resources, etc. are all covered by environmental awareness and consideration. The regulation of the use of natural resources and the preservation of the environment are both governed by environmental law. The manner environmental laws are applied ultimately determines their effectiveness. A useful instrument for teaching the public about their role in preserving a healthy environment is legislation. The national and international levels have already seen the introduction of numerous laws. You will study some significant environmental laws in this session. Acts are the name given to Indian laws, whereas conventions, protocols, and treaties are the names given to international laws.

Numerous environmental issues have recently started to endanger human welfare. Environmental issues have a significant spillover effect that extends far beyond the immediate vicinity of the problem. To stop environmental abuse and degradation, effective legislation is required. Effective legislation is required to stop the detrimental behaviors of unethical people, forest mafia organizations, poachers, polluters, and excessive exploitation of environmental resources. An key factor is pollution, which disregards political boundaries and judicial authority. Therefore, environmental issues are inherently global in scope. Therefore, environmental legislation is required both internationally and at the national level to avert such issues.

The country's environmental issues are what gave rise to several laws. Effective environmental laws are necessary to prevent environmental disaster brought on by the increasing population's desire for resources. By implementing revisions to the Indian constitution, significant efforts have been undertaken at the national level for the protection and improvement of the environment. Originally, there was no explicit language in our constitution regarding the preservation of the environment. However, this changed with the 1972 Stockholm Conference on the Human Environment. The Indian constitution was altered to make environmental conservation a requirement. It became a fundamental obligation to preserve and enhance the environment by the 42nd amendment's Clause (g) to Article 51A of the Indian Constitution.

In order to maintain a healthy environment for the nation, India formed the department of Environment in 1980. In 1985, this changed into the Ministry of Environment and Forests. The administration and enforcement of environmental laws and regulations fall under the purview of this Ministry. The constitutional clauses are supported by a number of laws, including Acts and regulations. Acts of the Parliament or State Legislatures make up the majority of our environmental laws. As it solves many gaps in the current laws, the Environment Protection Act of 1986 (EPA), which went into effect shortly after the Bhopal Gas Tragedy, is regarded as umbrella legislation. Following then, other environmental laws were created to address various environmental issues. Although India had laws protecting elephants and forests dating back to 1879 and 1927, the Wild Life Protection Act of 1971 was the country's first piece of environmental legislation.

the various laws that have been enacted on a national and international level to stop environmental damage. One of the few nations in the world with a constitution that specifically mentions the need for environmental conservation and enhancement is India. This clause has been used by both the federal government and state governments to pass a number of laws protecting the environment. The UN has made a significant contribution to tackling global environmental concerns. Through specialized conventions, protocols, and multilateral agreements, environmental protection is being advanced on a global basis in order to carry out the UN's goal. Even when there are effective legal measures and administrative structures in place, it is difficult to enforce the law due to a lack of knowledge, a lack of resources, and a lack of sincerity on the part of the implementing authority. Water Act of 1974's primary goals are to prevent and manage water contamination and to maintain or restore the wholesomeness and purity of water. The primary goals of the Air Act of 1981 are to enhance air quality and to prevent, manage, and reduce air pollution across the nation. Through environmental laws, the Central Government gains complete authority to safeguard the environment, enhance its quality, and prevent, manage, and reduce pollution. The majority of international law consists of voluntary adherence by governments to international agreements. A protocol is a standalone international agreement connected to an existing convention. The Wetland Convention seeks to protect wetlands while also ensuring the preservation of their natural processes, flora, and species. The Montreal Protocol's main goal is to lower and eventually stop emitting compounds that damage the ozone layer.

Reference

  1. Agrawal, A. 2010. Local institutions and adaptation to climate change. In Social dimensions of climate change: equity and vulnerability in a warming world, edited by R. N. Mearns, A. .Washington: The World Bank. 
  2. Arora, D. (1994). "From State Regulation to People's Participation: Case of Forest Management in India." Economic and Political Weekly 29(12): 691-698 
  3. Banerjee and Shekhar Singh (2000), ‘Large Dams: India’s Experience’, World Commission on Dams, Capetown, <http://www.dams.org>. 
  4. Das, R.C. (1996), ‘How Effective are the Air and Water Pollution Control Acts’, Indian Bar Review, Vol. 23, Nos. 3 and 4, 171–88. 
  5. FAO (2009). The State of World Forests 2009. Food and Agriculture Organization of the United Nations Rome, Italy 2009 pp. 152
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