1. The Policy and Legal Framework for Climate Change in India AECEN Regional Forum, Bali 26 November 2008 By Professor Dr. Bharat H. Desai Professor of International Law & Jawaharlal Nehru Chair in International Environmental Law School of International Studies Jawaharlal Nehru University, New Delhi E-mail: desai@mail.jnu.ac.in

2. Policy Framework Policy Under the Five-Year Plans National Forest Policy, 1988 National Environment Policy, 2006 National Action Plan on Climate Change, 2008.

3. Guiding Principles of National Action Plan on Climate Change Guiding Principles Inclusive and sustainable development strategy Economic growth objective to include action to enhance ecological sustainability Efficiency and cost-effectiveness in managing GHG driving demand Technological innovation for both adaptation and mitigation Use of market mechanisms as regulatory tool to promote sustainable development Involvement of NGOs, local bodies and public-private partnerships in implementation Encouragement of international cooperation for research, transfer of technology and funding

4. Sectoral Regulatory Framework Air Quality Energy Conservation Power Sector Transport Iron & Steel Agriculture & Forestry Commercial Buildings

5. Comparison of Sectoral GHG Regulations SectorsPolicies FrameworkLegislative FrameworkMeasures Institutional Framework Iron and Steel National Steel Policy, 2005 Environmental and forest clearances, environmental audit CPCB, SPCB Transport Sector National Urban Transport Policy, 2006. Motor Vehicles Act, 1988, PUC Norms Inspection of vehicles, Euro I and II Emission Norms, 1999 Ministry of Urban Development Power National Electricity Policy, 2005, Energy Conservation Act, 2001 Electricity Act, 2003 Action Plan for Energy Efficiency Ministry of Power, Bureau of Energy Efficiency (BEE) Energy Energy policies driven by the imperatives of sustainable development, Integrated Energy Policy, National Hydrogen Energy Road Map, 2006 Energy Conservation Act, 2001 Mandatory energy audit in nine industrial sectors. Ministry of New and Renewable Energy, National Hydrogen Energy Board Commercial buildings Mission on Sustainable Habitat in the National Action Plan Energy Conservation Building Code (ECBC), 2006 Environmental Impact Assessment (EIA) requirements for large buildings. Bureau of Energy Efficiency (BEE)

6. POSSIBLE AREAS OF IMPROVEMENT Gaps in the Overarching Policies Gaps in the Legal & Regulatory Framework Need for a Comprehensive GHG Law Need for a Comprehensive GHG Regulatory Institution Need for More Robust Sectoral Policies Need for Indicative Targets & Time Frames Need for Market-Based Schemes

7. Gaps in the Regulatory Framework for GHG Emissions FrameworkPresent StatusGapsNeeded Improvements General Legal FrameworkEPA, Air Act etc.Scattered laws and regulations Comprehensive and coherent legislation National Environment PolicyEmphasizes on the need for adaptation to climate change, and the scope for incorporating these in relevant programs with over- riding priority of the right to development. Inclusion of environmental considerations in sectoral policy making. It emphasizes the need to institutionalize mechanism in order to operationalize environmental concerns at all levels of government Sources of the GHG emissions in various sectors are not given due consideration. It completely ignores the need to reduce GHG emissions from its various sources scattered all over the various sectors of the Indian economy on the presumption that India's policies for sustainable development results in a relatively GHGs benign growth path. Comprehensive environment policy on the need to reduce GHG emissions from its various sources scattered all over the various sectors of the Indian economy Institutional frameworkCPCB, SPCB, MoEFSpecific GHG supervisory and regulatory body GHG supervisory and regulatory body Dispute SettlementCPCB, SPCB, courtsSlow and not very efficientGHG supervisory and regulatory body with powers to decide disputes Sectoral regulationsSome industry specific regulations Does not cover all sources of GHG emissions across various sectors Sector specific climate regulations integrated with overall regulations

8. ENFORCEMENT AND IMPLEMENTATION OF EXISTING LEGISLATION SUPPORTING GHG MITIGATION Implementation of the Overarching Policies Enforcement and Implementation of Sectoral Regulations and Measures Multi-sectoral Power Sector Energy Sector Transport Sector Iron and Steel Sector Agriculture and Forestry Sector

9. Important Judgments of Higher Courts Concerning Abatement of Air Pollution S.N.CaseIssueCourt Decision/ Direction 1. M.C. Mehta vs. Union of India (“CNG Case”), AIR 2001 SC 1948. Air pollution in Delhi caused by vehicular emissions violates right to life under Art. 21 Directed all commercial vehicles operating in Delhi to switch to CNG fuel mode. 2. Union Carbide Corporation vs. Union of India (Bhopal – I), AIR 1990 SC 273 Damages were sought on behalf of victims of Bhopal gas leak disaster. The Union Carbide Corporation was asked to pay a sum of U.S. Dollars 470 million in full settlement of all claims, rights and liabilities related to and arising out of the Bhopal gas disaster. 3. M.C. Mehta and others vs. Shriram Food And Fertilizer Industries And Union of India (Oleum Gas Leak Case) AIR 1987 SC 965 Closure of a chlorine plant following the leakage of oleum gas. Permitted to re-start the plant subject to weekly inspection, periodic health checks for the workers, recommended the setting up of an Environmental Court. 4. Chandigarh Administration & Others Vs. Namit Kumar and ors., CWP No. 7639/1995 Absence of proper control of traffic and air pollution resulting into accidents Direction to issue ‘authorization stickers’ to be displayed on the windscreens of the vehicles of the dignitaries permitted to use red lights.

10. RECOMMENDATIONS Monitoring, Promoting Compliance with, and Evaluating the Enforcement of Environmental Law with Climate co-benefits Regulatory and Market-Based Mechanisms to Encourage Private Investment in Renewable and Clean Technologies Controlling Non-Carbon Dioxide Greenhouse Gas Emissions