Environmental Policy paradigm shifts in the post-1990 period in India: Collaborative environmental action for sustainable future

Abstract

Post-1990 period witnesses a global focus on addressing environmental pollution, conservation of biological diversity, restoration of natural ecosystems, and sustainable development, and is further contextualized by the launch of economic liberalization process in India. The hectic economic activity during this period in India is experiencing a severe contest from environmental conservation needs and rights of communities. As a result, significant changes are already observed in the terms of decision-making mechanisms (that promote stakeholder consultation and participation), delivery of environmental justice (courts inclined towards environmental conservation and rights-based approach to environmental justice), environmental governance (prevention of and accountability for natural resources depletion and pollution), and support institutions. However, there are no reported studies that pinpoint the specific shifts in the environmental governance paradigm and note the underlying drivers and proximate triggers for such shifts. This policy paper aims to fill this knowledge gap by addressing the following question: What paradigms of environmental policy principles emerged in the post-1990 India and what drove them? Further, while the paper notes the major domestic and nondomestic drivers of policy changes in different environmental policy subsystems (air, water, forests, biodiversity, climate change and variability etc.), it acknowledges that each subsystem (actually) merits a full-length separate discourse. This challenge is addressed by organizing the paper as a combination of theme-based discussion involving different subsystems and a more nuanced treatment of forest sector as a case study. The study avails of secondary literature-based information resources as well as primary information from the questionnaire survey. From the literature, the following five paradigm shifts have been identified: a) right to a clean environment as a fundamental right; b) polluter accountable for pollution; c) preventive approach to pollution; d) intergenerational considerations in environmental decision-making; and e) consultations-based approach to decision making. Regarding the major drivers behind these shifts, literature points to the following: landmark judgments from the Supreme Court of India that emphasize upon the trusteeship role of the government to inhibit depletion of natural resources and holding emitters accountable for industrial pollution; role of industrial accidents like Bhopal gas tragedy; international conventions like UNFCCC and CBD; influence of externally aided projects; and the 73rd and 74th constitutional amendments that decentralized governance to grassroots. These paradigm shifts and drivers have been validated through the available evidence (e.g., penalties imposed by the National Green Tribunal for environmental damage and pollution) and agreement among experts on the identified shifts. Majority of the experts agree on the shifts in the abovementioned policy paradigms. Such agreement ranges between 68% for intergenerational consideration in decision-making to 93% for right to clean environment. The respondents who are hesitant to agree and/or disagree mention that they do not see any or enough evidence in favor of a shift. Further, considering the ‘influence’ of a driver on the observed shifts, it is seen that court judgments and civil society groups are the most influential drivers followed by international conventions, industrial accidents, constitutional amendments, and the EAPs. Further, aggravating concerns about climate change, sustainable development and increasing depletion of natural resources at the local level in the post-1990 period, have led to a renewed emphasis on the establishment of fresh market-based (e.g., PAT) and non-market mechanisms (e.g., EMS) and institutions (e.g., NRCD and NGT) that promote conservation of natural environment. New laws (e.g., BD Act 2002 and NGT Act 2010) have been enacted to strengthen the basis for positive environmental action. Forest sector in India has adopted an increasingly consultative and participatory management approach involving local communities that emphasizes on forest ecosystem restoration and enhancement. However, emergence of competing policies (e.g., integrity of wildlife habitat and settlement rights of forest dwelling communities; conservation of biodiversity and promoting use of biodiversity as a source of livelihood) in a scenario of low capability for regulation exacerbates the tussle for sustainability of forests. The paper concludes by identification of emerging (next generation) environmental paradigms for business and governance. They include design for environment; closed-loop economy; nothing for landfills; assessment and disclosure of environmental footprint; environmental restoration; promoting recycling and reuse; intergenerational sustainability; and universal right to a clean environment.