Abstract
As a key stakeholder within the domain of environmental governance, the civil society influences the actions and outcomes of regulatory processes, mechanisms and organisations in addition to state, market and communities. The research article attempts to understand the influence the civil society exerts in addressing the environmental concerns of three village panchayats of Kathua district, Jammu and Kashmir, by studying the case of industrial pollution caused by Kathua Industrial Area. Issues like severity and impact of pollution on affected population, awareness, participation and role of the civil society and the ways in which the affected population negotiate with the problem of industrial pollution are analysed. It is found that the civil society is unable to exert bottom-up pressure in influencing the policy actions and outcomes in the study area. The reasons behind such inability and the measures required to make civil society a reckoning force in environmental governance are also discussed in the article.
Introduction
All over the world, over-exploitation of environmental resources has resulted in the decline of the resilience of eco-systems which in turn has led to environmental injustice where the costs of environmental degradation are borne by those who are generally not responsible for it (Gunningham, 2009; Kadirbeyoglu et al., 2017; Lemos & Agarwal, 2006). The term ‘environmental governance’ is being promoted to correct this anomaly by making the management of environmental resources a collective responsibility of the state and the non-state actors such as market, civil society and communities (Bedajna, 2016; Wingqvist et al., 2012; Yang et al., 2019). Thus, environmental governance refers to collective decision making, that is, exercise of authority by the state and the societal actors over environmental resources in a manner that leads to sustainable management of those resources (Chhotray & Stoker, 2009; Wingqvist et al., 2012). It entails a substantial change in the institutional structures so as to enable communities to collaborate, participate and contribute effectively to manage environmental resources (Ahmad, 2018).
Civil society is an important stakeholder in environmental governance as it represents the interests of those people who are affected by environmental degradation (Yang et al., 2019). Although, the concept of civil society evolved in the 18th century in the writings of Hegel, Marx, etc. in reference to its relationship with the state, it has undergone several changes (Tandon & Mohanty, 2003). This article adopts the neo-liberal conception of civil society that operates outside sphere of the state as an important non-state stakeholder in the network of the environmental governance and brings about positive environmental outcomes through its active participation. Emphasis on the participation of the civil society in environmental governance was first given by international conventions. Principle 10 of Rio Declaration on Environment and Development, 1992 (United Nations, 1992) and Aarhus Convention of United Nations Economic Commission for Europe, 1998 (UNECE, 1998), empower civil society to have access to information, participation, decision making and the justice on matters concerning environmental protection and conservation. These guidelines laid framework of environmental governance that introduces trustworthy relationships between the civil society and the government enabling the former’s participation in decision making and provides access to information and justice (Murinda, 2015).
Civil society participation in environmental governance takes a variety of forms. Expert advice and analysis; intellectual competition to governments; mobilisation of public opinion; representation of the voiceless; service provision; monitoring and assessment; and legitimisation of global-scale decision-making mechanisms are some of the forms of civil society participation in environmental governance (Gemmill & Bamidele-Izu, 2002; Yang et al., 2019). Gemmill and Bamidele-Izu (2002) had identified five areas in which the civil society organisations (CSOs) are expected to play a key role with regard to environmental governance. They are information collection and dissemination, policy development consultation, policy implementation, assessment and monitoring, and advocacy for environmental justice.
Studies conducted on environmental governance tried to understand the role of civil society in influencing the environmental policies, regulations and actions of other stakeholders, that is, state and market (Ahmad, 2018; Kandpal, 2018; Murinda, 2015; Yang et al., 2019). It is found that the ability of the civil society in negotiating with other stakeholders such as the state and the market is an important factor in influencing environmental governance (Ahmad, 2018). It is also stressed that the mutual support and cooperation between the civil society and other stakeholders is necessary for realising the full potential of civil society in addressing environmental problems (Yang et al., 2019). The factors that facilitate the mutual support and cooperation, reasons for the contradiction between the civil society and other stakeholders and strategies require to bring together all the stakeholders on board in directing efforts towards sustainable environmental governance are still grey areas that need to be researched (Murinda, 2015). In this context, the research paper attempted to explore the role played by the civil society in addressing the issue of industrial pollution caused by industries in Kathua Industrial Area of Kathua district in Jammu and Kashmir.
Environmental Governance in India
Management of environmental resources in India used to be state-centric and the institutional framework evolved accordingly. The institutional framework included a plethora of environmental legislations, regulations and regulatory agencies. Legislations and regulations include Wildlife Protection Act, 1972, Water (Prevention and Control of Pollution) Act, 1974, Forest Conservation Act, 1980, Air Prevention and Control of Pollution) Act, 1981 and Environment Protection Act, 1986. The regulatory agencies include Central Pollution Control Board, State Pollution Control Boards and Ministry of Environment, Forests and Climate Change (MOEFCC). Guided by a plethora of environmental laws, regional offices, subordinate offices, autonomous organisations, tribunals, boards/ bureaus, institutes, administrative divisions and environment information system (ENVIS) centres all over the country, the MOEFCC regulates the management of environmental and forest resources in India (Bedajna, 2016; Gupta, 2014).
It was the National Environment Policy, 2006 (Government of India, 2006) that recognised the significance of environmental governance for the first time. Environmental governance is the sixth objective of the policy, that is ‘to apply the principles of good governance (transparency, rationality, accountability, reduction in time and costs, participation and regulatory independence) to the management and regulation of use of environmental resources’ (Ministry of Environment and Forest, 2006b). Especially, the policy provides for various combinations of partnerships such as public–private partnerships, public–civil society partnerships, private–civil society partnerships and public–private–civil society partnerships. Subsequent environmental legislations such as Environment Impact Assessment, 2006 (Ministry of Environment and Forest, 2006a), and Environment Impact Assessment, 2020 (Ministry of Environment and Forest, 2020), also emphasised on the aspect of environmental governance in India. As a result, a strong institutional framework of environmental governance emerged as a complex interplay of various state and non-state actors. The institutional framework comprises legislations, regulations and regulatory agencies; enforcement and compliance mechanisms, judicial interventions, market mechanisms and civil society initiatives (Lele & Sahu, 2017). Due to this push towards environmental governance, non-state actors started contributing to the sustainable management of environmental resources in varying degrees which is evidential from a number of judicial interventions; cases of corporate funding through Corporate Environmental Responsibility, and activities of NGOs working at global, national and local level. Governments also began to respect, facilitate and promote partnerships, agreements and initiatives of non-state actors at all levels (Ramakrishna, 2012).
However, the transformation from state-centric environmental management to sustainable management of environmental resources through collaboration and partnerships in India is not without challenges. The first challenge is the growing population that necessitates the exploitation of the environmental resources beyond their reclamation capacities (Prakash & Arpita, 2021). Another challenge is weak regulatory framework. India has well formulated laws and regulations in all the areas of environment such as forests, industrial emissions, air pollution, water pollution, solid waste management, etc. Yet, it is widely believed that the capabilities of the institutions that are supposed to monitor, enforce and ensure compliance of the environmental laws and regulations at national, state and local levels are inefficient and ineffective due to the persistent state-centric, complicated and archaic nature of institutional framework (Gupta, 2014; Kumar & Nidhi, 2017). Nexus between regulators and polluters is another key challenge. Polluters bribe the regulators and openly flout the standards despite resistance from pollutees (Lele & Sahu, 2017). Differential role of stakeholders in environmental governance is also a challenge. Market influences environmental policymaking, implementation and compliance mechanisms through lobbying, state capture and other means. But the role played by the civil society and community groups in agenda-setting, alternative formulation and decision making is negligent due to the feudalistic and undemocratic nature of those who govern and submissive and passive nature of those who are governed (Ahmad, 2018; Ghosh, 2018; Lele & Sahu, 2017).
Environmental Governance in Jammu and Kashmir
Management of environmental resources in Jammu and Kashmir is also state-centric like that of India which is reflected from a plethora of environmental legislations, regulations and regulatory agencies. Legislations and regulations include Jammu and Kashmir Wildlife (Protection) Act, 1978; Jammu and Kashmir Forest Act, 1987; Jammu and Kashmir Water Resources Regulations and Management Act, 2010; Jammu and Kashmir Disaster Management Policy, 2011; Jammu and Kashmir State Action Plan on Climate Change, 2013; Jammu and Kashmir Eco-Tourism Policy, 2016; Jammu and Kashmir Solid Waste Management Policy, 2017; Jammu and Kashmir Environment Policy, 2018 and Jammu and Kashmir Industrial Policy, 2021. Regulatory agencies include Department of Forest, Environment and Ecology, Wildlife Protection Department, Social Forestry Department, Soil and Water Conservation Department, State Forest Corporation, State Forest Research Institute and Jammu and Kashmir Pollution Control Board (JKPCB) with its District Pollution Control Boards.
Until 2018, the term ‘environmental governance’ found no place in the policy framework of Jammu and Kashmir. It is the draft Jammu and Kashmir State Environmental Policy, 2018, that provided for a collaborative institutional framework of environmental governance which is reflected from the policy’s emphasis on characteristics like holistic governance, integration, co-operation, coordination, collaboration, co-existence, decentralisation, and public participation. The policy also included a framework for legal action, institutional structures, human resource development and capacity building, partnerships and stakeholders’ involvement, and financial methods. Especially, the policy gave adequate emphasis to the participation of civil society in environmental governance. It recommended for legislative changes to enable the civil society to realise various roles such as agenda setting, policy formulation, policy implementation, policy evaluation and feedback in the matters related to environment (Government of Jammu and Kashmir, 2018).
Civil Society Organisations that are representatives of collective action of civil society have considerable presence in the area of environment in Jammu and Kashmir. MOEFCC has recognised and funded several NGOs of Jammu and Kashmir working in the area of environment. As per the NGO Darpan website, there are a total of 421 NGOs of Jammu and Kashmir working in the area of environment. Of these, there are 266 NGOs in Kashmir division and 155 NGOs in Jammu Division. Despite these proactive policy directives of the government and the existence of hundreds of CSOs in the area of environment, Jammu and Kashmir is unable to generate favourable environmental outcomes. Environment in Jammu and Kashmir has been degraded over a period of time (JKPCB, 2018; SANDRP, 2018; Sharma, 2015). A region, once praised by historians as ‘an emerald set in pearls, a land of lakes, clear streams, blue skies, green turf, magnificent trees and mighty mountains where sun shines mildly over saffron fields, iced water and grapes that are rare even in heavens’ is now characterised by ‘receding snow-line and glaciers, fast depleting tree cover, recurring floods, periodic droughts, declining moisture regime, deteriorating water bodies, and landscape of the cities and the countryside’ (ENVIS, 2003, pp. 2–3). This is due to gross mismanagement of environmental resources as a result of corrupt, inefficient and apathetic administrative practices, on the one hand, and the absence of strong civil society that questions and neutralises the excesses of state and bureaucracy on the other (Pervaiz, 2018). Research, analysis and generation of data and evidence regarding the reasons for the poor environmental outcomes, gaps between policy and implementation, inertness of the institutions of state and civil society, and steps required to augment the positive environmental outcomes are the need of the hour.
Methodology of the Study
The main objective of the study is to examine the role played by the civil society in environmental governance by studying the problem of industrial pollution caused by industries of Industrial Estates in Kathua district of Jammu and Kashmir. The study is mainly qualitative in nature as it intends to explore the experiences of the people affected by industrial pollution and the how the civil society responds to it. Kathua district includes four industrial estates out of forty-eight industrial estates in Jammu and Kashmir as shown in Table 1.
Industrial Area in Kathua District.
Mehtabpur, Govindsar-A and Govindsar-B Gram Panchayats situated in the vicinity of these four Industrial Estates are directly affected by the pollution of approximately 308 industrial units. Especially, the pollution emanating from these industrial units severely affects sixteen wards/villages of these three Gram Panchayats. For conducting the study, a sample of sixty-four households out of a total of 404 households from six wards of these three Gram Panchayats was identified on the basis of non-probability purposive sampling method as shown in Table 2.
Panchayats, Villages and Total Number of Households of the Respondents.
Two CSOs and five individual volunteers actively working on the problem of industrial pollution in the study area were also included as respondents on the basis of snowball sampling technique (Annexure A). Six panches/ward members and three sarpanches of Mehtabpur, Govindsar-A and Govindsar-B Gram Panchayats were also interviewed. The responses from the respondents were collected with the help of a semi-structured interview schedule and transcriptions of the recorded responses were prepared. Percentage-frequency method and Content Analysis techniques were used for analysing quantitative and qualitative data respectively. Prior consent was taken from the office bearers of CSOs, the individual volunteers and respondents from affected population for including their names in the study.
Results and Discussion
The conflict between residents of Mehtabpur, Govindsar-A and Govindsar-B Gram Panchayats and industrial units began when the problem of industrial pollution escalated in early 2000 with the establishment of various chemical, pesticides, insecticides, paint, soap and detergent, paper mill, lead metals and plastic plants/units. All the respondents from affected population said that the nearby industries caused pollution of various kinds. A total of 50% of them reported air pollution, 21.9% of them reported both air and water pollution, and 25% of them reported air and noise pollution as major types of pollution. However, only 3.1% of them reported water pollution only (Table 3). After experiencing adverse impacts of the industrial pollution on health, sustenance and livelihood, the affected population of these Gram Panchayats started raising voice. Certain individual volunteers, CSOs and local elected representatives also made efforts to raise the problem of industrial pollution with the industries and government agencies, but in vain.
Percentage-Wise Responses of Respondents on Type of Pollution, Level of Pollution, Voice Raised by Respondents and Violation of Environmental Norms, etc.
The following sections provide the analysis of the responses regarding the problems faced by the affected population due to industrial pollution, and the role played by the CSOs, individual-volunteers and elected representatives in environmental governance.
Problems of Industrial Pollution
The residents of the study area face problems due to industrial pollution to such an extent that these problems have become part of their routine life experiences. They include the following:
Black Dust and Foul Smell
There are several industrial units which emit dust, smoke and particles/fumes in air which when they settle down in environment create problems for the residents in the vicinity. Almost every household of the study area reported foul smell of rubber, plastic and metal industries. They also reported that heavy dust particles of cement plants were the major source of air pollution. Almost every household reported that the dust particles and fumes deposits on the roofs, floors, utensils and clothes kept outside. Darshana Kumari of ward number 4, Govindsar-B reported ‘the dust is everywhere in our house. Everyday, there is a thick layer of dust and fine particles of industries on our floors. We have to clean it twice a day, still it remains’. Similarly, Toshi Devi of ward number 3, Mehtabpur reported ‘we cannot place eatables and clothes outside because factory dust and fumes deposit making them unfit to consume’.
Impact on Crops and Plants
A reduction in crop-yield due to the harmful fumes and dust caused by the nearby industries was reported. The Area Development Officer, Department of Agriculture in Kathua District said ‘it is true that air pollution caused due to industries has severe impact on crops but so far the department has not conducted any survey/test which substantiates the claim of the farmers’. He cited results of testing conducted in another District (Raipur and Tanda Villages in Vijaypur Block of Samba District) where the vegetables, fruits and flowers were severely affected by the nearby Industrial Estate. A considerable number of affected population of the three Gram Panchayats (i.e., 34.4%) also substantiated this claim.
Cattle Deaths
A total of 72% of households reported death of their cattle. Especially, this problem was severe in Ward Numbers 3, 6 and 8 of Mehtabpur panchayat because of the untreated discharge of lead factory and paper mill installed near the wards. The Sarpanch of Mehtabpur reported ‘more than 100 cows died in last three years due to the consumption of affected crops and drinking of poisonous untreated water drained by nearby industrial units’. This information was substantiated by veterinary assistant of the area.
Increase in Human Health Problems
Industrial pollution caused an increase in human health problems in the vicinity. All the households in the study area reported health problems caused by air/dust pollution such as skin allergy/rashes, throat-irritation and cardiac problems. As shown in Table 1, 45.3% households reported that one or more than one of their family members had faced these problems. The health problems were severe mainly in Govindsar-A and Govindsar-B Panchayats.
Deterioration of Rivers and Rivulets
Ravi is the major river in Kathua district of J&K. There are three rivulets that merge into Ravi in the vicinity of industrial estates. During the field study, it was observed that the industrial solid and wet waste was dumped in open spaces along the road side, in rivulets and on the banks of the river Ravi. Moreover, the water discharged from the industries was drained into the drains, rivulets and ultimately the river Ravi. As a result, all these water bodies got polluted and became unfit for human or cattle consumption. Another phenomenon associated with industrial pollution was the drying of water resources. The Sarpanch of Mehtabpur reported drying up of water resources in his panchayat. Manohar Lal, an individual volunteer activist, linked the problem of drying of water resources to the multiple bores installed inside each industrial unit. He also informed that the government could not restrict or take any action on such installations as there was no regulation to control underground water extraction inside a privately owned unit.
Limited Role of Civil Society
Although, the individual volunteers and CSOs were found actively working on the problems of industrial pollution in the study area, their level of functioning was found limited. The membership of the two CSOs was less than ten members. These two CSOs followed democratic decision making. But their finances and fund-raising capabilities were also limited. Individual volunteers also struggled hard due to the problems of finance, time, organisation and lack of popular support. The following reasons were given by all the individual volunteers and CSOs for the lack of popular support:
People do not have enough time to engage in long-time struggles while keeping aside their source of livelihood. Occasionally, they take part in short time protests, The economic dependence of local population on industries (for jobs, renting houses, etc.) also discourages people in raising voice against the industries. It also depends on the severity of the industrial pollution. They react only when the pollution becomes unbearable.
It is because of the above-mentioned reasons, that the individual volunteers and CSOs opined that their role was limited in fighting against industrial pollution. Corruption and nexus between industries and government were also cited as important reasons that stifle any humble attempt on the part of the civil society with iron hand. Despite the limitations mentioned above, the individual volunteers and CSOs achieved certain substantial results regarding the problem of industrial pollution in the three panchayats. They organised protest-demonstrations and filed written complaints with the district administration. They also used print, electronic and social media platforms to propagate awareness on the environmental problems. Besides, they also became successful in claiming compensation from industries for individual losses in the three panchayats.
But from the perception of households of the study area, the responses of individual volunteers and CSOs towards the problem of industrial pollution was inadequate. Also, affected population viewed the individual volunteers and CSOs with an eye of suspicion. Most of the households opined that the individual volunteers and CSOs were self-seeking in character and used the problem of industrial pollution for furthering their own interests. This can be correlated with responses of affected population where 98.4% respondents (Table 1) reported that there is a nexus between CSOs/individual activists, industrial owners and environment governing bodies (state pollution control board and district administration).
Role of Elected Panchayat Representatives
The role of elected panchayat representatives in fighting against the industrial pollution in the three panchayats was also found to be limited. All the Sarpanches showed their helplessness in addressing problems due to industrial pollution in their constituencies. While explaining the powers of panchayats vis-à-vis the problem of industrial pollution, the Sarpanch of Mehtabpur said ‘We do not have constitutional power to check industrial pollution. Only we can write to the concerned authorities, which we frequently do’. She alleged ‘the previous elected panchayat had given NOCs (no objection certificates) to SICOP (J&K Small Scale Industries Development Corporation) to establish industries here in villages. We cannot do anything now’. Respondents from affected population also felt that Sarpanches and Panches were ineffective in addressing their problems. 81.3% of respondents informed that they had raised the problem of pollution to the Sarpanches and Panches but nothing had happened.
Economic Dependence and Restricted Bottom-up Pressure
The multiple ways in which the affected population was economically dependent on the industries had restricted the scope of improving environmental quality through bottom-up pressure in the study area. There were three major ways in which the affected population was found economically dependent on the industries:
The affected population had given their houses/rooms to the migrant population on rent basis and thereby were earning some income from migrant workers. The migrant workers purchased daily use items and food material from the local shops thus generating economic demand for the local market. A lot of lower-income households among the affected population had got employment in the nearby industries.
A considerable number, that is, 48%, of households surveyed were found to have one or more of their family members employed in the nearby industries (Table 1). Similarly a maximum of households, that is, 90%, in Ward number 4 of Govindsar-B panchayat have rented out their houses/rooms to migrant labourers working in the nearby industries. This is also true of other panchayats. Therefore, the affected population implicitly feels threat to their economic interests if they fight against the industries and industrial pollution.
Caste, Class and Environment: The Dilemma of Speaking
The study found various caste and class differences based on qualification, landholding, income and settlement patterns. For example, the naming of certain panchayats after the caste occupations such as Chammar Mohalla, Mahasha Mohalla, Kabatiyan Mohalla, and Tarkhan Mohalla. Similarly, income and size of the landholding also differed among various castes. But it could not be discerned that these differences were impeding the respondents in their fight against industrial pollution. There were no reported instances of social mobilisations on environmental problems and organisations working on caste lines. However, it can be argued that these identity differences might have an implicit role in restricting the participation of some sections of the society due to obvious reasons attached with identities. For example, 60% of SCs fell in the income group of ₹ten to twenty thousand per month, whereas 40.8% of general caste respondents were having monthly income above ₹40,000 per month. Among the total SC households surveyed, 80% were found employed in the nearby industries, whereas the number of general category households was found 44%. Similarly out of the 80% SC households, 75% households were having two persons employed in the nearby industries, whereas this number was only 27% out of 44.9% in case of general category respondents. Similarly in case of possession of agricultural land, 70% of SC households surveyed did not possess agricultural land, whereas only 18.4% of general category households did not posses land (Table 4). These data show that Scheduled Castes had comparatively more dependency on nearby industries than the general castes and Other Backward Classes. This kind of dependency implicitly restricted the voice of some sections of the society.
Caste-Wise Percentage of Respondents Based on Qualification, Monthly Income, Employment and Possession of Agricultural Land.
Conclusion
Literature on environmental governance advocates that civil society can play an active role in environmental governance by means of expert advice and analysis, intellectual competition to governments, information collection and dissemination, mobilisation of public opinion, representation of the voiceless, service provision, assisting government in policy development, monitoring and assessment. Advocacy for environmental justice provides that the civil society was able to negotiate with other stakeholders such as the state and the market and there was support and cooperation from these stakeholders.
The findings of the study reveals that the role of the civil society in addressing the problems of industrial pollution in Kathua district has been restricted only to information, dissemination, and advocacy for environmental justice. It was also found that the civil society was ineffective in mobilising public opinion. It played almost no role in other areas such as service provision, assisting government in policy development, monitoring and assessment. Powerful industrial lobbies, nexus between industries and regulatory agencies, lack of trust, limited organisation, funding and resource capabilities of civil society and the hapless situation of Gram Panchayats with regard to addressing environmental problems were the primary reasons for the limited role of civil society in addressing the problem of industrial pollution.
The overall governance––situation in Jammu and Kashmir is another factor that directly or indirectly influences the role of civil society in environmental governance. Governance in Jammu and Kashmir is state-centric due to political instability and conflict. The role of the State in Jammu and Kashmir is yet to be redefined in a manner that offers democratic spaces for the healthy growth and functioning of non-state stakeholders such as the market and the civil society. Civil society is in dire need of the state support in enabling it to play effective role in environmental governance. To make the civil society a reckoning force in influencing environmental governance, the following actions need to be taken:
The role of the state should be redefined in such a manner that it provides democratic spaces and enables the participation of non-state stakeholders in decision making and policy development on the issues of environment. Civil society must devise ways and means to gain the trust and confidence of the affected population. Civil society should mobilise organisational funding and other resource capabilities either through popular support or collaboration. Civil society should use judicial instruments such as PILs for questioning the issues like non-involvement of local body elected representatives in regulating industrial estates in their constituencies, the collusion of government agencies with industries for ignoring violations, non-operation of STPs, release of solid waste and untreated water into the nearby water bodies, etc. Use new media and social media for spreading awareness on the issues of industrial pollution among the people from affected population and mobilising masses across caste, class and other identities.
Footnotes
Declaration of Conflicting Interests
The authors declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.
Funding
The authors received no financial support for the research, authorship and/or publication of this article.