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Swachh Bharat Abhiyan: Analysing Environmental Governanace (By: - Karthik Sharma)
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Swachh
Bharat Abhiyan: Analysing Environmental Governanace
Authored By: - Karthik Sharma
3rd
Year B. Com LLB Student From Institute Of Law, Nirma University
Abstract
The article explores different facets
of the Swachh Bharat Abhiyan which was put in place I 2014 by the existing
government with the aim of better waste management in the country. The article
analyses the different phases of the execution of the Swachh Bharat Mission and
also scrutinizes its progress and achievements along the way. The article
diligently indulges upon the question that whether the mission has proved to be
a success or a failure with notable proofs. The article also explains in great
detail that how the various environmental laws and statutes of the country act
supplementary with the Swachh Bharat Mission to better preserve the
continuously deteriorating environmental conditions.
Introduction
Environment refers to “the complex of
physical, chemical, and biotic factors (such as climate, soil, and living
things) that act upon an organism or an ecological community and ultimately
determine its form and survival”[1].
It is very essential for every human being to have a healthy, hygienic and
clean physical as well as social environment for their growth and enrichment.
Humans are dependent on the environment with every factor of their life. There
is a constant interaction of human beings with their environment and often,
this interaction leads to human beings taking a toll on their environment in
some or the other ways. Increased pollution and soaring global warming are some
examples, for instance, the Air Quality Index level of Delhi was on 1239 in
November 2019 as compared to the safe level which is below 50[2].
These type of irregularities in the environment makes human beings susceptible
to its ill effects.
The Stockholm Conference of 1972
established 26 principles[3]
for the protection and enhancement of the human environment, which member
countries' governments can follow and control. These ideas can be used by the
government to create environmental policies to safeguard the environment[4].
These rules must be applied with caution in order to ensure that the human
environment can be perpetuated for future generations. To accomplish economic
and social progress, the objective of having a healthy environment should be
pursued in a balanced manner. Environmental Governance is extremely crucial for
preserving and safeguarding the human environment, it includes all the
regulations, schemes and rules that are devised by the government.
Environmental governance is the means through which a society judges and take
actions related to the management of natural resources. This encompasses both
the regulations that guide human behavior in decision-making processes and the
decisions themselves, both formal and informal. Strong environmental governance
requires appropriate legislative
frameworks at the global, national,
and regional levels[5]. Along
with many statutes and laws related to preservation of environment and
maintaining hygiene, the Swachh Bharat Mission is one such landmark and
successful project that is launched by the government, it aims to heathy
sanitation practices and eradicating social evils such as open defecation and
manual scavenging.
About
Swacch Bharat Mission (SBM)
Prime Minister Narendra Modi
announced the Swachh Bharat Mission (SBM) on October 2, 2014. It is divided
into two sub-missions, one of which is carried out in urban areas by the
Ministry of Housing and Urban Affairs (M/o HUA) and the other in rural regions
by the Ministry of Drinking Water and Sanitation (M/o DWS)[6].
This aim embodies the government's vision of ensuring national hygiene, waste
management, and sanitation so that no family suffers the humiliation of not
having a toilet and public spaces are free of waste littering[7].
Under the mission, all villages, Gram
Panchayats, Districts, States and Union Territories in India declared
themselves "open-defecation free" (ODF) by 2 October 2019, the 150th
birth anniversary of Mahatma Gandhi, by constructing over 100 million toilets
in rural India. To ensure that the open defecation free behaviors are sustained,
no one is left behind, and that solid and liquid waste management facilities
are accessible, the Mission is moving towards the next Phase II of SBMG i.e.,
ODF-Plus. ODF Plus activities under Phase II of Swachh Bharat Mission (Grameen)
will reinforce ODF behaviors and focus on providing interventions for the safe
management of solid and liquid waste in villages[8].
The estimated cost of implementation
of SBM (Urban) phase I based on unit and per capita costs for its various
components was Rs. 62,009 Crore. According to the agreed funding pattern, the
Government of India's part is Rs. 14,623 crores. In addition, the States were
required to contribute a minimum of Rs. 4,874 crores as a State/ULB share,
which was equal to 25% of the Government of India's funding in phase I. The
balance funds came from a variety of sources, including Swachh
Bharat Kosh, corporate social
responsibility, market financing, and external aid, among others[9].
GOALS OF SBM
The Swachh Bharat Abhiyan has been
implemented in India's metropolitan areas with the following key goals:
·
the
prevention of open defecation
·
the
termination of manual scavenging
·
to
effect behavioural change regarding healthy sanitation practices
·
raise
public knowledge about the importance of cleanliness and its link to public
health
Achievements
From The Phase One Of Swacch Bharat Abhiyan
India has achieved remarkable results
from the SBM-U, as per government data; there are now 99% ODF (Open defecation
free) cities in India as compared to 0 in 2014 when the SBM was launched. 68%
of the solid waste is processed in 2021 as compared to only 18% in 2014.
According to government statistics, the mission has completed 105 percent of
the total target for individual household toilets and 118 percent of the total
target for community and public toilets since its inception[10].
10,71,04,736 household toilets have
been built in the country since 2nd October 2014[11].
Total declared ODF villages stand at 6,03,004 and total verified ODF villages
stand at 6,01,587 today, as compared to approximately only 46,920 in 2015[12].
Sustainibility
And Phase II of SBM
The key objective of SBM phase II is
to sustain the ODF status of villages and improve the levels of cleanliness in
rural areas through solid and liquid waste management activities, making
villages ODF plus. Government has launched the ODF+ and ODF++ protocols with an
emphasis on achieving comprehensive sanitation and preserving mission outcomes
The ODF+ protocol focuses on the operation and maintenance of community/public
toilets, ensuring that they are functional and well-maintained so that they can
be used again. ODF++ focuses on ensuring that faecal sludge from toilets is
safely managed and that no untreated sludge is released into open sewers,
aquatic bodies, or in the open. There aren't many ODF+ and ODF++ cities.[13]
According to the Centre for Policy Research,
the Centre allotted 2,300 crores to SBM-U in FY21, a 77 percent increase over
the FY20 Revised Estimates (REs) but a 13 percent decline over the FY20 Budget
Estimates (BEs).
Cities in India have been requesting
assistance from the states and the central government to maintain public
toilets and manage solid waste. Their financial resources have been dwindling,
especially after the octroi was scrapped.
To carry out development goals, civic
bodies rely heavily on government subsidies. They will require ongoing
assistance to guarantee that SBM-U meets its long-term objectives.[14]
In the phase II of SBM, New eligible
families will receive a financial incentive of Rs.12000 per household for the
construction of an IHHL (Individual Household Latrine Application), which is
the current standard. The incentive money will only be given to new qualifying
households. Ineligible homes will be encouraged to build their own toilet.
The name of the Community
Sanitary Complex has been changed to Community Managed Sanitary Complex (CMSC).
The CMSC's financial assistance has been increased from Rs. 2,00,000 to Rs.
3,00,000, with 30 percent of the funding coming from 15th Finance Commission
grants to Rural Local Bodies and the other 70 percent coming from SBM (G).
IEC and capacity building will
be funded at a rate of 5% of overall project cost, with 2% allocated at the
central level (Government of India) and 3% at the state/district level.
Administrative costs will be accounted for at 1% of the total project cost.
Block and district level interventions for some SLWM activities have also been
adopted under
SBM-G Phase II. SLWM financing will
be based on a per capita basis rather than the number of households in a GP, as
it was previously. While the 15th Finance Commission will provide 30% of the
financing for village-level SLWM operations, the remaining 70% would be covered
by SBM (G). There will be a defined amount of financial aid for a block and a
district for some initiatives, such as Plastic Waste Management at the block level
and model GOBAR-dhan projects at the district level. For the first time, 50
percent of the money allocated by the 15th Finance Commission to rural local
governments are related to water and sanitation.[15]
Environmental
And Sanitation Laws That Supplement Sbm
ARTICLE 21
Right to sanitation is can be
considered as a part of Constitution of India. Article 21[16],
Right to Life, is one of the fundamental rights enshrined in Chapter III, and
it includes the right to live in dignity. One of the most significant
impediments to the realization of fundamental rights such as the right to life
and other fundamental rights is the lack of efficient sanitary measures.
Inadequate sanitation is a widespread issue that encroaches on our actual
freedom and liberty, denying us the full enjoyment of our rights. Right to
sanitation is, like many other rights is a derivative of The Right to Life as
per article 21 of the constitution, although it is not included expressly in
the Article 21 but it came into being with the various judicial interpretations
of the article. The Supreme Court and High Courts have consistently held that
right to sanitation is a part and parcel of Article 21 and the right to
sanitation is included in the article because the right to life cannot be
realised in its full meaning and essence without sanitation and hygiene. In the
landmark case of Virendra Gaur v. State of Haryana, after referring to the
Stockholm Declaration 1972 and Principle 1 laid down in that Conference, and
after referring to Article 48 A, Article 47, Article 51 A (g), and Article
21, the Apex Court held that the Government had no power to sanction lease of
land vested in the Municipality for use as open space for public use and issued
statement as follows:
“The word environment is of broad
spectrum which brings within its ambit, hygienic atmosphere and ecological
balance. Kit is, therefore, not only the duty of the State but also the duty to
every citizen to maintain hygienic environment. The State, in particular has
duty in that behalf and to
shed its extravagant unbridled
sovereign power to forge in its policy to maintain ecological balance and
hygienic environment. Article 21 protects right to life as a fundamental right.
Enjoyment of life and its attainment including their right to life with human
dignity encompasses within its ambit, the protection and preservation of
environment, ecological balance free from pollution of air and water,
sanitation without which life cannot be enjoyed. Any contra acts or actions
would cause environmental pollution. Environmental, ecological, air, water,
pollution etc should be regarded as amounting to violation of Article 21.
Therefore, hygienic environment is an integral facet of right to healthy life
and it would be impossible to live with human dignity without a humane and
healthy environment.”[17]
Being a constitutional right, the
Right to Sanitation casts a duty upon government to make policies and schemes
such as the SBM to provide facilities to everyone. The SBM provides a system
for the collection, transport, treatment, disposal, or reuse of human excreta
and associated hygiene. Everyone has the right to sanitation services that are
safe, socially and culturally acceptable, secure, hygienic, physically
accessible, and inexpensive, as well as providing privacy and dignity[18].
Personal hygiene, residential
sanitation, clean water, trash disposal, waste management systems, and so on
are all included in the sense of what is right to sanitation and to a great
extent according to the stats available and guidelines, SBM provides a system
for the fulfilment of all the components of the Right to Sanitation in a true sense.
Provision of adequate sanitation is
vital to realisation of many fundamental rights. Rights like right to health[19],
water[20],
air[21],
clean and healthy environment[22]
are all part of the constitution. It is evident through various judgements of
the supreme court that the right to clean and healthy environment is a part of
Article 21 itself.
The right to sanitation is also an
important component of the right to education enshrined in Article 21A of the
Indian Constitution. A proper hygienic environment ought to be maintained in
educational institutions, otherwise it may become a centre for diseases causing
major problem to children and students visiting these institutions.
73rd CONSTITUTIONAL
AMENDMENT
The 73rd Amendment Act of the
Constitution envisions Panchayats taking on this role. Because sanitation is a
state responsibility, it is mostly managed by states and local governments,
with Panchayats serving as the final mile. The law places the obligation for
maintaining a clean and healthy environment and providing sufficient sanitary
facilities in the hands of Panchayats at the rural level.
OTHER IMPORTANT PROVISIONS
As per WHO, “Health is a state of
complete physical, mental and social wellbeing and not merely the absence of
infirmity”.[23] Right
to Health is imposed as a duty on the state under Part IV of the
constitution as a directive principle to ensure social and economic justice, it
was inserted by the 42nd Amendment.
Articles 48A and 51-A(g) of the constitution provides for the
responsibilities of the state and the citizens to protect and improve the
environment respectively. Also, Article 47 mentions the
government's responsibility to elevate the standard of living, promote
nutrition, and improve public health.
OTHER INITIATIVES TAKEN BY THE
GOVERNMENT
Public health and sanitation are
mentioned in Entry 7, List II of the Seventh Schedule of the Indian
Constitution, which means that only states can legislate on them. However,
because cleanliness is not limited to state borders, the Union can legislate on
it as well. As a result, the government is taking steps to pass regulations
governing hygiene. One of them is the bill, which was introduced in Parliament
on February 9, 2016, and reads as follows:
According to the Constitution
(Amendment) Bill of 2016, Part IVB of the Constitution should be put
after Part IVA, comprising Article 51C, which is as follows:
51C. There shall be a total
prohibition on the following acts by any person including owner,
lessee or occupant of a residential
or a commercial establishment, whether private or public—
(a) Littering;
(b) Dumping or disposal of garbage or
electronic waste in a manner not authorized by the State;
(c) Urinating, defecating or spitting
in a public place;
(d) Dirty frontage or surroundings of
any building;
(e) Stacking of garbage outside
residence or establishment; and
(f) Obstruction by placing any
dilapidated appliances or vehicles or by disposing any
merchandise or illegal structure
along sidewalk[24]
The purpose of introducing this bill
was to address the fact that state and local governments had failed to
prioritise sanitation, and in 2014, the Union Government launched the “Swachh
Bharat Mission” to instil a sense of cleanliness and health consciousness
among people, as well as to sensitise local governments to provide sanitation.
People's participation is also required to make this mission a success; hence,
such measures should be included in the Constitution so that the State and
citizens can work together to achieve the mission's goals.
Some Other
Statutes For Environmental Governance In The Country
The Water (Prevention and Control of
Pollution) Act, 1974
The Water Pollution Prevention and
Control Act of 1974 (the "Water Act") was aimed at preventing and
reduce water pollution and to maintain or restore the freshness of water
in the country. It also establishes Boards for the prevention and control of
water pollution in order to carry out the aforementioned objectives. The Water
Act makes it illegal to dump pollutants into water bodies beyond a certain
level and imposes penalties for non-compliance. The CPCB was established at the
federal level by the Water Act, which establishes requirements for the
prevention and management of water pollution. SPCBs work under the direction of
the CPCB and the State Government at the state level.[25]
Moreover, in 1977, the Water
(Prevention and Control of Pollution) Cess Act was adopted to provide for the
imposition and collection of a cess on water consumed by persons engaged in
certain types of industrial operations. This tax is collected to supplement the
funds available to the Central Board and State Boards for the prevention and
control of water pollution, which were established under the Water (Prevention
and Control of Pollution) Act of 1974. The last time the Act was changed was in
2003.
The Environment Protection Act, 1986
The Environment Protection Act of
1986 (the "Environmental Act") addresses environmental protection and
enhancement. The Environment Protection Act establishes a framework for
investigating, planning, and executing long-term environmental safety
regulations, as well as a system for quick and adequate response to
environmental threats. It is a piece of legislation that establishes a
framework for the coordination of federal and state bodies established under
the 1974 Water Act and the Air Act.
Under section 2(a) of the Environment
Act[26],
the term "environment" has a fairly broad definition. It encompasses
water, air, and land, as well as the interrelationships between these elements
and humans, other living animals, plants, microorganisms, and property.
Hazardous Wastes Management Regulations
Hazardous waste is defined as any
waste that poses a risk to human health or the environment due to one or more
of its physical, chemical, reactive, poisonous, combustible, explosive, or
corrosive qualities, whether alone or in combination with other wastes or
substances.[27]
There are a number of laws that deal
with hazardous waste management, either directly or indirectly. The Factories
Act, 1948, the Public Liability Insurance Act, 1991, the National
Environment Tribunal Act, 1995 and the Environmental Act's rules and
notifications all are relevant laws.
Conclusion
The SBM or Swachh Bharat Mission
launched by the government in 2014 has proved to be a very triumphant project
of Environmental governance. According to the government data, it has nearly
eradicated the practice of open defecation in most of the urban and rural areas
with its SBM(U) and SBM(G) and continues to be beneficial for maintaining
healthy environment conditions, sanitation and hygiene with its phase II. There
has been a substantial increase in the budget allocated to the SBM by the
government in FY21 as compared to FY20[28]
which portrays the promising nature of the scheme. SBM is also compatible and
with the various laws and statutes related to environmental governance and has
assisted widely in ensuring the people their rights and fulfilling the
provisions of the law related to sanitation and hygiene. Through SBM, more than
10 crore toilets have been built in the country since its inception. Overall,
SBM appears to be quite successful and sustainable project and hopefully, the
SBM phase II will prove to be immensely prosperous for the country.
Article Information
Swachh Bharat Abhiyan: Analysing Environmental Governanace (By: - Karthik Sharma)
Authors: Karthik Sharma
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/30
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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