This paper considers key features of India’s existing industrial pollution control regime—its legal framework, institutions, nature of liability, enforcement of rules and regulations and impact on environment. The Supreme Court of India has articulated sustainable development as a principle of environmental policy. The Government of India has adopted sustainable development goals for the period 2015–30. Of the 17 sustainable development goals, 4 deal with pollution prevention and control and climate change and the remaining 13 are directly or indirectly related to planetary wellbeing. In this context, pollution prevention and control policy reform requires shift from criminal liability to civil liability and from criminal penalty to administrative and civil penalties, wherever desirable; and from command and control policies to application of economic/market-based instruments. Recently, India has been adopting climate change mitigation policies to achieve its nationally determined contributions. Based on the results of ‘perform, achieve and trade’ method for energy conservation in large industries it is planning to create and operate ‘cap and trade’ system for reduction of GHG emissions in Gujarat. Much needs to be done to promote induction of clean and climate-friendly technologies.

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Industrial Pollution Control Regime for Sustainable Development of India

  • U. Sankar

摘要

This paper considers key features of India’s existing industrial pollution control regime—its legal framework, institutions, nature of liability, enforcement of rules and regulations and impact on environment. The Supreme Court of India has articulated sustainable development as a principle of environmental policy. The Government of India has adopted sustainable development goals for the period 2015–30. Of the 17 sustainable development goals, 4 deal with pollution prevention and control and climate change and the remaining 13 are directly or indirectly related to planetary wellbeing. In this context, pollution prevention and control policy reform requires shift from criminal liability to civil liability and from criminal penalty to administrative and civil penalties, wherever desirable; and from command and control policies to application of economic/market-based instruments. Recently, India has been adopting climate change mitigation policies to achieve its nationally determined contributions. Based on the results of ‘perform, achieve and trade’ method for energy conservation in large industries it is planning to create and operate ‘cap and trade’ system for reduction of GHG emissions in Gujarat. Much needs to be done to promote induction of clean and climate-friendly technologies.