Thursday, February 28, 2019
Environment Impact Assessment Process in India
ENVIRONMENT have-to doe with ASSESSMENT figure reveal(p) IN INDIA AND THE perishBACKS Prep ard by milieu Conservation Team (Aruna Murthy, Himansu Sekhar Patra) family line 2005 Vasundhara, 15, Sahid Nagar Bhubaneshwar 751 007 1 ENVIRONMENTAL IMPACT ASSESSMENT serve intimately IN INDIA AND THE DRAW BACKS INTRODUCTION EIA is an exercise to be carried turn up beforehand all devise or major occupation is chthonian removen to ensure that it exit non in any way harm the environment on a mulct term or long term basis.Any developmental endeavor strikes non only the digest of the bespeak of much(prenominal)(prenominal)(prenominal)(prenominal) a body, the m geniustary be and benefits gnarly just straightway most important, it requires a consideration and particular judgment of the effect of a pointd development on the environment. The environment violation solve was introduced with the enjoyment of identifying /evaluating the potential beneficial and indecorous jounces of development vomits on the environment, fetching in to account environmental, loving, cultural and aesthetic considerations.All of these considerations argon detailed to catch the viability of a scheme and to find break through if a pop out should be disposed(p) environmental head. An EIA c one successionntrate on problems, differences and natural resource constraints which might abideulate the viability of a offer. It too predicts how the view could harm to people, their home modernize, their put outlihoods, and the former(a) nearby developmental snatchivities. After predicting potential impacts, the EIA identifies measures to minimize the impacts and suggests ways to improve the object viability.The channelize of an EIA is to ensure that potential impacts be identify and addressed at an wee stage in the cats training and design. To achieve this withdraw, the perspicacity finding atomic number 18 communicated to whole the releva nt groups who will aim determinations approximately the proposed hears, the project developers and their investors as well as regulators , pictureners and the politicians. Having read the conclusions of an environmental impact estimation, project planners and engineers tolerate shape the project so that its benefits tidy sum be achieved and sustained with out ca utilise adverse impacts.In recent geezerhood, major projects fuddle encountered serious hard-foughties be stimulate meager account has been taken of their relationship with the surrounding environment. Some projects stretch out been put in to be unsustain fit beca expend of resource depletion. Others restrain been abanthroughd because of reality opposition, financi onlyy confine by unforeseen costs, held unresistant for damages to natural resources and redden been the cause of disastrous accidents.Given this experience, it is truly risky to beneathtake finance, or approve a major project without runner taking in to account its environmental consequences and then siting and designing the project so as to minimize adverse impacts. Due to humans pressure on the administration to accept voice for the activities of its agencies the case purlieual Policy Act (NEPA) was formed in the enunciates during 1970. This was the basis for the development of a mechanism which came to be k nowadaysn as environmental rival sagacity (EIA). THE EIA PROCESS IN INDIA The role for EIA was form separately(prenominal)y recognise at the earth summit held at Rio conference in 1992. Principle 17 of the Rio declaration rerealitys that EIA as a content legal document sh each be chthoniantaken for the proposed activities that atomic number 18 seeming to pick out signifi fecest adverse impact on the environment and are shuffling outject to a decisiveness of a fit national authority. In India many of the developmental projects gutter as recently as the 1980s were implemented with very peti te or no environmental look ups.The environmental bribes began receiving attention when a national committee on environmental planning and coordination was mess up under the 4th five year plan (19691978). Till 1980, the subjects of environment and woodwind instruments were the concern of the Dept of Science and Technology and Ministry of Agriculture respectively. Later, the issues were formally tended to(p) by the Dept of environs which was set up in 1980. This was then upgraded to the Ministry of environment & woodland in 1985.In 1980, dynamic headroom of large projects from the environmental angle became an administrative requirement to the extent that the planning commission and the central investment panel sought proof of much(prenominal) headroom before according fiscal sanction. Five year later, the Dept of Environment and Forests, political sympathies of India, issued guidelines for environmental judging of river valley projects. These guidelines require asso rted(a) studies such as impacts on forests and out of work carriage-time in the submergence zone, urine logging potential, upstream and down stream aquatic eco ashess and fisheries, water relate diseases, climatic changes and sesmicity.A major legislative measures for the purpose of environmental clearance was in 1994 when superfluous recounting was issued under section 3 and rule 5 of the environment protection Act , 1986 called the Environment impact perspicacity playment 1994. The first step in seeking environmental clearance for a development project is to fall what statutory legislations apply to the particular project. The MOEF has brought out several induements restricting the development of industries in specify ecologically spiritualist nations.In addition there are as well draft rules framed for the siting of industries. environmental clearance for development projects can be obtained either at the verbalise level or at the central level depending on or iginal criteria concerning the characteristics of the project. However (regardless of where the final environmental clearance is obtained from), for most projects the consent moldiness first be taken from the give tongue to befoulment concord board or pollution retain committees in the case of union territories. 3RESPONSIBILITY OF cooking OF EIA STATEMENT The project counsellor is responsible for(p) for the supplying of the EIA distinguishment, with the help of out-of-door consultant or institution. THE IMPACT ASSESSEMENT AGENCY The MOEF is the confidence for environmental clearance. If necessary, it whitethorn consult a committee of undecomposeds with a root word specified in schedule III of nonification. TIMING OF EIA I preservely EIA should provide knowledge to end makers at former(a) stage of the project planning cycle. It should be initiated as early as feasible before the commencement of projects.If the projects secure approval, EIA should embarrass a provi sion to cover the audit of the project. COST The meter alset(p) and worn-out(a) for preparation of EIA by the project advocators are usually abysmally first gear compared to the overall project costs ( oftenmultiplication less than 1% of over all projects). 4 LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE CENTRAL GOVERNMENT 1. atomic Power and link up projects such as Heavy Water Plants, thermonuclear fuel complex, Rare Earths. 2. River Valley projects including hydel power, major Irrigation & their combination including flood tone down. . Ports, Harbours, pushoverports ( move out peanut ports and harbours). 4. Petroleum Refineries including crude and product pipelines. 5. Chemical Fertilizers (Nitrogenous and Phosphatic other than hotshot superphosphate). 6. Pesticides (Technical). 7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, Caprolactam, LAB etc. and production of basic plastics such as LLDPE, HDPE, P P, PVC. 8. Bulk drugs and pharmaceuticals. 9. Exploration for oil and gas and their production, transportation and storage. 10.Synthetic Rubber. 11. Asbestos and Asbestos products. 12. Hydrocyanic acid and its derivatives. 13 (a) Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper, Zinc, Lead and Ferro Alloys). (b) galvanic arc furnaces (Mini Steel Plants). 14. Chlor alkali labor. 15. Integrated paint complex including compose of resins and basic raw materials required in the get of paints. 16. Viscose fasten fibre and filament yarn. 17. Storage batteries integrated with manufacture of oxides of crown and lead antimony alloys. 18.All tourism projects between 200m500 metres of High Water course of action and at holes with an elevation of much than 1000 metres with investment of more than Rs. 5 crores. 19. Thermal Power Plants. 20. dig projects *(major minerals)* with leases more than 5 hectares. 21. Highway Projects **except projects r elating to improvement score including giganticning and strengthening of roads with marginal land acquisition along the a expire alignments provided it does non pass through ecologically mad theatre of operationss such as bailiwick Parks, Sanctuaries, Tiger Reserves, Reserve Forests** 22.Tarred roadstead in the Himalayas and or Forest areas. 23. Distilleries. 24. Raw Skins and Hides 25. Pulp, paper and newsprint. 26. Dyes. 27. Cement. 28. Foundries (individual) 29. Electroplating 30. Meta amino hydroxybenzene 5 PROCESS thither are two tiers of assessment which should be applied to the project before proceeding with a unspoiled plateful EIA, Screening and preliminary assessment. Where these first tiers of assessment are a restrictive requirement, the developer normally does the work and submits the solvings to the regulatory agency.The agency whitethorn then decide that either there is nothing to be concerned about or the evaluation should proceed to the next tier. The mo st important step in the sour of obtaining environmental clearance under the EIA poster is for the project proponent to conduct an environmental impact assessment of the project. For this purpose the project proponent engages an environmental consultant to modernise an EIA report. The EIA report requisite be watchful by incorporation of info during all the four seasons of the year.Such an EIA is termed a encompassing EIA. How ever, there is provision for a single season collection of entropy, save this should not be through during the monsoon season. Such an EIA reports is termed a Rapid EIA. There are two tiers of assessment which should be applied to the project before proceeding with a full dental plate EIA Screening and Preliminary Assessment. wheresoever these first tiers of assessment are a regulatory requirement, the developer normally does the work and submits the results to the regulatory agency.The agency may then decide whether there is anything to be concern ed about or whether the evaluation should proceed to the next tier. out front STARTING THE EIA SCREENING The screening is the first and plainst tier in project evaluation. Screening helps to clear those types of projects, which from past experience are not standardizedly to cause significant environmental problems. The activity may take one of the following several forms 1- Measurements using simple criteria such as coat or location. 2- Comparing the proposal with list of projects rarely claiming an EIA (e. g. chools) or unquestionably indigenceing one (e. g. coal mines). 3- Estimating popular impacts (e. g. change magnitude in infrastructure needed) and canvas these impacts against put up thresholds. 4- Doing complex analyses, but using readily clear-cut data. seduce hind lodge in the Indian form 1- Even though few of the industrial set ups do not require EIA as per the statutory norms, they might involve certain(p) technological processes which could be harmful to the environment, as a result of which such enlisted industries could come potential impacts on the environment and on unrestricted health. Exempting industries from the EIA requirements found on the investment value of specialised projects is not acceptable. There are no specific studies conducted till now which demonstrate that environmental impacts are always inconsequential for projects under a abandoned value. It is a well established fact that the small scale industries are contributing more pollution with respect to the major industry. 6 PRELIMINARY ASSESSMENT If screening does not clear a project, the developer may be required to undertake a preliminary Assessment.This involves sufficient research, inspection of getable data and beneficial advice in order to identify the tell impacts of the project on the topical anesthetic environment, predict the extent of the impacts and in brief adjudicate their importance to finis makers. The preliminary assessment can be utilize to assist early project planning (for instance, to narrow the discussion of contingent spots) and it can serve as an early warning to the serious environmental problems that the project may cause. It is in the developers interest to do a preliminary assessment since, in practice, this step can clear projects of the need for a full EIA.If after re weighing a preliminary assessment the competent authority deems that a full EIA is needed, the next step for the project developer is the preparation of the EIA report. This entails 1- Commissioning and briefing an independent co-coordinator and expert cartoon police squad. 2- Identifying the key end makers who will plan, finance, permit and control the proposed project, so as to characterize the listening for the EIA. 3- Researching laws and regulations that will locomote these determinations. 4- Making contact with to each one of non-homogeneous last makers. Deter minelaying how and when the EIAs finding will be comm unicated. Draw back in the Indian system It is beingness found that the team formed for conducting EIA studies is scatty the expertise in various playing areas such as Anthropologists and friendly Scientists (to study the favorable impact of the project) or even wild keep experts. FORMATION OF AN EIA TEAM SCOPING The first task of the EIA study team is scoping the EIA. The aim of scoping is to ensure that the study address all the issues of importance to the decision makers.First of all the teams outlook is encompassingened by the discussions (with the project proponents , decision makers, the regulatory agency, scientific institutions , topical anaesthetic anesthetic community representative and others) to include all the attainable issues and concerns raises by various groups. Then the study team selects prime impacts for the EIA to emphasis upon depending on the basis of order of magnitude, geographical extent, importation to decision makers or because the area is su pernumerary local anestheticly (e. g. soil erosion, the presence of an endangered species, or a near by historical sets) or is an eco-sensitive area.Draw back in the Indian system 1- There is a lack of exhaustive ecological and socio-economic indicators for impact assessment. 2- humanity comments are not taken into account at the early stage, which often leads to conflict at the later stage of project clearance. 7 MAIN EIA After scoping the main EIA begins. The EIA searchs to answer five questions basically 1- What will happen as a result of the project? 2- What will be the extent of the changes? 3- Do the changes matter? 4- What can be done about them? 5- How can decision makers be informed of what ask to be done?The EIA becomes a cyclic process of petition and further asking the first four questions until decision makers can be offered workable solutions. IDENTIFICATION denomination means the answer to the first question, i. e. what will happen as result of the project? If a preliminary assessment has been done it will have broadly reviewed the projects effect, also scoping will have focuse the study on the most important issues for decision makers. Taking these findings in to account the full EIA study now formally identifies those impacts which should be assessed in detail.This identification leg of the study may use these or other methods 1- Compile a list of key impacts (e. g. changes in air quality, noise levels, wild tone habitats, species diversity, landscape views, affable and cultural systems, settlement patterns and employment levels from other EIA s for similar projects) 2- Name all the projects sources of impacts (e. g. smoke emissions, water consumption, verbalism jobs) using checklists of questionnaires, then list possible receptors in the environment (e. g. rops, communities using very(prenominal) water for drinking, migrant of labour) by surveying the existing environment and consulting with enkindle parties. 3- Identify impact s themselves through the use of checklist, matrices, networks, overlays, models and simulations. Draw back in the Indian system 1- There is always a lack of reliable data sources. 2- The momentary data is also not reliable. 3- The data collectors do not pay respect to the indigenous knowledge of local people. 4- The credibility of the primary data collected by the data collectors is doubtful.The next step called predictions answers the EIAs second question what will be the extent of the changes. As farthest as is practicable, prediction scientifically characterizes the impacts causes and set up and its secondary and synergetic consequences for the environment and the local community. Prediction follows an impact within a single environmental parameter (e. g. toxic liquid effluents) in to its subsequent cause in many disciplines (e. g. reduced water quality, adverse impacts on fisheries, economic effects on fishing villages, and resulting socio-cultural changes).Prediction draws on physical, biological, socioeconomic and anthropological data techniques . In quantifying impacts, it may employ mathematical models, physical models, socio cultural models, economic models, experiments or expert judgments. PREDICTION 8 All prediction techniques by their temper involve some degree of uncertainty. So along with each attempt to quantify an impact, the study team should also quantify the predictions uncertainty in terms of probabilities or margins of error. Draw back in the Indian system 1- The detail method used for the prediction and evaluation of the project is not mentioned in the report.Limited explanations are apt(p) two to quantitative estimation of magnitude of impact and to the assumptions and judgments used in the evaluation of impacts. 2- The limited coverage of scoping is hold in mainly to deport impacts. The third question addressed by the EIA do the changes matter is answered in the next step. Evaluation is so called because it evaluates the pred icated adverse impacts to determine whether they are significant enough to warrant easing. Thus judgment of significance can be based on one or more of the followings. 1234Comparison with laws, regulations or accepted standards.Consultation with the relevant decision makers. Reference to pre set criteria such as protected sites features of species. Acceptability to the local community or the normal commonplace. EVALUATION MITIGATION In this phase the study team formally analyses mitigation. A wide range of measures are proposed to prevent, reduce, remedy or track for each of the adverse impacts evaluated as significant. Possible mitigation measures include 1- changing project sites, routes, processes, raw materials, operating(a) methods, disposal methods, disposal routes or locations, clock or engineering designs. Introducing pollution controls, waste treatment monitor, phased implementation, landscaping, personal training, special social services or creation education. 3- Of fering (as compensation) restoration of damage resources, money to touch on persons , concessions on other issues, or off site programmes to enhance some other aspects of the environment or quality of life for the community. All mitigation measures cost something and this cost moldiness be quantified too.These various measures are then compared, trade-offs between alternative measures are weighed, and the EIA study team proposes one or more action plans, usually combining a number of measures. The action plan may include technical control measures, an integrated management scheme (for a major project) supervise, contingency plans, operating practices, project scheduling, or even joint management (with touch groups). The study team should explicitly analyze the implications of adopting different alternatives, to help make the choices clearer for the decision makers. Several analytical techniques are available for this purpose as attached below 1- Cost benefit analysis in which a ll quantifiable factors are converted to monetary values , and actions are assessed for their effect on project costs and benefits 2- Explaining what course of action would follow from various broad value judgments(e. g. that social impacts are more important than resources) 3- A simple matrix of environmental parameters versus mitigation measures, get hold of brief rendering of the effects of each measure. Pair wise comparisons, whereby the effects of an action are briefly compared with the effects of each of the alternative actions are briefly compared with the effects of each of the alternative actions, one pair at a time. Draw back in the Indian system 1- Details regarding the strongness and implementation of mitigation measures are often not provided. 2- Often, and more so for strategic industries such as nuclear energy projected, the EMP s are kept hidden for political and administrative reasons 3- Emergency preparedness plans are not discussed in sufficient details and t he education not disseminated to the communities.DOCUMENTATION The last step in the EIA process, which answers the question how decision makers be informed of what take to be done? In documenting an EIA, this means identifying the key decisions makers, perceiving the question they will be asking and providing them with straight forward answers formatted for easy interpretation in relation to their decision devising (e. g. tables, graphs, summary, points). Successful EIA documentation is more readily produced if the audience and their unavoidably are established at the start of the EIA, and then do to affect how the research is focused and reported.It is the job of the study teams communications expert to make this happen. An EIA report should contains 1234An decision maker summary of the EIA findings. A description of the proposed development projects. The major environmental and natural resource issues that needed clearing and elaboration. The projects impacts on the enviro nment (in comparison with a base line were identified and predicated. ). 5- A discussion of options for mitigating adverse impacts and for shaping the project to suit its proposed environment, and an analysis of the trade offs involved in choosing between alternative actions. An over view of gaps or uncertainties in the breeding. 7- A summary of the EIA for the general ordinary. 10 at a time the EIA reports has been completed, the project proponent needs to submit 20 copies of the copy of executive summary of the proposed proposal containing the owing(p) features of the project, the form XII prescribed under water rules, 1975, form I prescribed under Air rules,1983 and other information or documents to the SPCB for getting the non clearance certificate(NOC). On receiving the required documents from the project proponents it is the responsibility of the SPCB to conduct the commonplace consultation.After completion of the habitual auditory sense the project proponents has t o submit to the secretary of MOEF for the environmental clearance Draw back in the Indian system One of the biggest concerns with the environmental clearance process is relate to the quality of EIA report that are being carried out. The reports are generally half(prenominal) and provided with false data. EIA reports ignore several aspects while carrying out assessments and significant information is found to omitted. Many EIA report are based on single season data and are not adequate to determine whether environmental clearance should be granted.All this makes the entire exercise contrary to its very intent. As things stand today, it is the responsibility of the project proponent to commission the preparation of the EIA for its project. The EIA is truly funded by an agency or individual whose primary interest is to assure clearance for the project proposed. There is little accident that the final assessment presented is un biased, even if the consultant may provide an unbiased assessment that is censorious of the proposed project. Some times it is found that a consultancy which is working in the project area has no specialization in the concerned subject.For example for the preparation of EIA report of the proposed oil geographic expedition in coast of Orissa by the credence group has been given to the life science Dept of Berhampur university which has no expertise on the study of turtles and its life cycle. The EIA document in itself is so bulky and technical, which makes it very difficult to decipher so as to aid in the decision making process. There are so many cases of fraudulent EIA studies where incorrect data has been used, same facts used for two totally different locatings etc.This is payable to the lack of a centralized baseline data bank, where such data can be crosschecked. There is no accreditation of EIA consultants, therefore any such consultant with a track record of fraudulent cases cannot be held liable for discrepancies. It is h ard to imagine any consultant after being pay lakh of rupees, preparing a report for the project proponents, indicating that the project is not viable. In nearly every case, the consultants try to interpret and tailor the information facial expression for ways and means to provide their clients with a report that gives them their moneys worth.ENVIRONMENTAL APPRAISAL routine The MOEF is the nodal agency for environmental clearance. The environmental division plays a key role, but the forest and wild life divisions are consulted when projects involve diversion of forestland or the alignment of roads and highways along or within the wild life areas. The project proponents of new projects must submit an application to the secretary, ministry of Environment and Forests, crude Delhi in the standard Performa specified in the EIA demonstration. The application should be accompany by a feasibility/ project report, including 11 Environmental estimation questionnaire developed by MOEF. 2 Environment Impact Assessment Report. 3 Environment Management Plan and disaster Management plan 4 Details of public Hearing as in schedule IV of the notification (where ever necessary) 5 Rehabilitation plans (where ever necessary) 6 Forest clearance certificate (where ever necessary) 7 NOC from the state pollution control board (SPCB) The application is evaluated and assessed by the Impact Assessment Agency (indoleacetic acid). The IAA may consult a committee of experts constituted by it or other body authorized by it in this regard, if necessary.The composition of the expert team is described in the box no-2 The committee has full powerful of entry and inspection of the site or factory premises previous to, during or after the commencement of the project . The IAA prepares a set of recommendations based on technical assessment of documents and data , furnished by the project governing or collected during visits to sites or factories and details of public earshot. The assessment shall be completed with in 90 old age from admit of documents and data from the project authorities and completion of public hearing and decision conveyed within 30 days there after.If granted the clearance shall be valid for a period of five years for commencement of the construction or operation of the project. Draw back in the Indian system There are several concerns with reference to the granting of environmental clearance of projects. Firstly, for projects that require site clearance it is often assumed by project proponents that once site clearance is granted, environmental clearance will follow. As a result, many project proponents begin construction of the project components (like housing colonies, roads), even before the environmental clearance is granted.This is despite the fact that it has been specified in the EIA notification that this should not be done. At another level, when environmental clearance is granted despite public objection / rejection , the reasons for t he same are not conveyed to all those who have sent in written objections and/or attended the public hearing. There are very few ways to get information regarding project clearances. For those with access to the internet, the MOEF website seems to be of some help. However, very often the information on the website is updated much after the decision is taken. 12For citizens and communities who do not have access to the internet, this information is not available. The availability of this information in a flash after a decision on the clearance is taken is of life-or-death importance, in case it needs to be challenged before the National Environment Appellate Authority. The environmental clearance process after the public hearing appears to be a closed door secretive process as far as the public is concerned. In cases of environmental clearance being granted, the public have no access to the rational behind which the clearance was given.All that emits from the ministry are the condi tions and recommendations based on which clearance is granted which often does not address the whole gamut of concerns and issues raised during public hearing. PUBLIC HEARING PROCESS IN INDIA A fully informed public link has been recognized as an essential element in EIA. However, it was noted that public intricacy was a difficult exercise particularly if it led to a conflict between government policies and the public. frequent hearing is not just an administrative exercise wherein a hearing is conducted to meet the requirements of the legislations.It is a measure to give away all the relevant information regarding a developmental project to various sections of society, which are either affected by its implementation or have interests in project. In India public hearing of development projects has been do needful for environmental clearance by the Amendment to the EIA Notification of April 10, 1997 ( box no-3). The salient features of the public hearings notification are as f ollows Notice for public hearing The SPCB must issue notice for environmental public hearing by publishing it in at least(prenominal)(prenominal) two newspapers circulated in the region most the project.One of the publications must be in the vernacular quarrel of the locality concerned. The date, time and place of public hearing should be mentioned in the newspaper article. The notice must be given at least 30 days foregoing to the public hearing. Involvement of the public Written suggestions, views, comments and objection by the public can be handed over to the SPCB within 30 days from the date of publication of the notice. Oral /written suggestions can be made to the SPCB during the public hearing. Who can participate?All the affected person, including residents residing in and around the project site or the site of displacement or site of alleged adverse environmental impact. It also includes environmental groups and any association of persons whether incorporated or not, li kely to be affected by the project and/or functioning in the field of environment. Persons who own or have control over the project can also participate. Access to the documents The public are entitled to have access to the executive summary containing the salient features of the project, both in English as well as the local language.They 13 are also entitled to the Environmental Impact Assessment Report. These documents can be obtained from the following places Office of the territorial dominion collector, District industry centre. Office of the zila parisad CEO of municipal corporation commissioner /local body. SPCB head accountability and its concerned regional office. State government department transaction with environment. Public hearing panel and its members panel for the public hearing The following persons may include in the SPCB representative. District collector/ campaigner.State government representative dealing with the project. voice of concerned department of the s tate government. Not more than 3 representative of the local bodies like panchayat/ municipality. Not more than 3 senior citizens of the area propose by the district collector. Note match to a Gujarat high court judgment 15 the quorum for a public hearing should be at least half of the member specified i. e. three members. Also, at least the following members should present viz. The policeman from the pollution control board.The officer from the Department of Environment and Forest of the state government. One of three citizens nominated by the collector. Projects apologizeed from public hearing Public hearing is not required for the following projects Small scale industrial undertakings located in a) Notified or designed industrial areas/ industrial estates. b) Areas marked for industries under the jurisdiction of industrial development authorities. Widening and strengthening of highways Mining projects (major minerals) with lease areas upto 25 hectares 14Units located in expor t processing zones and special economic zones and Modernization of existing irrigation projects. Note off sore exploration activities beyond 10 km from the nearest inhabited village boundaries, Gothans , and ecologically sensitive areas, such as mangroves ( minimum of 1000sq. m. ), corals, coral reefs , national parks, maritime parks, sanctuaries, reserve forests and breeding and spawning grounds of fish and other marine life have been proposed by the MOEF to be exempted from the public hearing )Draw back in the Indian system A number of projects with significant environmental and social impacts have been excluded from the mandate public hearing process. There are also concerns on how much value is given to opinions expressed during the public hearing. to the highest degree projects are located in the resource rich tribal and folksy areas. Due to the inherent social conditions in such areas, such as lack of literacy and the simple nature of Tribals, people are easily persuade a nd lured by the prospect of money and jobs.The local environmental and social groups appear a uphill task educating the people about the true nature and impacts of the project and getting them to forcefully raise objections and issues of concern. Similarly the affected peoples are informed just few days before the stipulated date of public hearing. In many cases it is found out that the owners of the project employs antisocial peoples to master the voices of people during the public hearing. The local administration also supports the projects owner. The SPCB which are responsible for conducting the public hearings are not equipped in terms of manpower or infrastructure.The notification does not prescribe clear and well delineate guidelines for conducting the public hearing. The bearing of the expenses involved in conducting the public hearing are not dealt with by the notification. This is another problem with no clear answers. The documents which the public are entitled to are seldom available on time. The notification prescribes a number of places where one can access these documents , but does not stipulated who is responsible for ensuring that the documents are made available at these locations.The mentioned websites are not updated. The result is that one seldom finds the documents available at the designed locations. In many cases minutes of public hearing or recommendations of the public hearing panels do not reflect the actual proceedings and objections raised. Further the recommendations of the public hearing panel are only advisory and it is not needful for the impact assessment agency to even consider these while granting environmental clearance to projects. 15 SOME OTHER DRAW BACKS IN THE Indian SYSTEMA-APPLICABILITY OF THE EIA NOTIFICATION As it stands today, there are several projects with significant environmental impacts that are exempted from the notification either because they are not listed in schedule1, or their investments are less t han what is provided for in the notification. Importantly, several projects located in zones cover by other notifications such as CRZ notification are exempted from the provisions of the EIA notification. Other projects such as defence-related road construction and railway projects are explicitly exempted from the EIA notification altogether.The amendment in EIA notification, 1994 made on 4th July 2005 in gazette no. s. o. 942(E) has provision that any expansion or modernization project of item 1,2,3,19,20,- nuclear, river valley, ports and harbors, thermal power plant and mining projects may obtain temporary working permission of max two years till it gets environmental condition. Box no-4 shows the details of the 12 amendments that has been brought up in last 11 years to dilute the EIA notification. B- MONITORING, COMPLIANCE AND INSTITUTIONAL ARRANGEMENTS. Projects are granted clearances based on certain conditions, which the project authorities need to comply with.These are bot h related to the construction phase and post construction phase of a project. For instance, conditions may be obligate on muck disposal of effluent discharge to be confined to certain areas and within specified limits. The regional offices of the MOEF are to monitor the respectfulness of these conditions and prepare the reports. However the local population does not even know of these conditions and are not a part of its monitoring. It is not known if project authorities reflect the true status of conformism in their reports to the MOEF. Access to these compliance reports is only subject to public interest.The lack of access to compliance reports has toilsome repercussions on the rights of people who were opposed to the project and for whose benefits some conditions may have been laid out for the project to follow. While monitoring compliance with conditions imposed for environmental clearance, it is found that pollution control boards have their own standards, whereas the stand ards under the EPA, which the MOEF and the regional offices follow, are quite different. Another problem in monitoring is the location of the regional offices and their large jurisdictions, which make it difficult for them to discharge their functions effectively.While the increased threat to the environment is matched by the enactment of an increasing amount of legislation, the responsibilities and capacities of the various agencies, including the regional offices of the MOEF, to monitor compliance has not been appropriately defined and strengthened. C- aptitude BUILDING There is an urgent need to build capacities of government agencies, communities, nongovernmental organizations and the administration with regard to the implementation of the existing EIA notification.Even in the instances where the provisions allow for peoples participation or monitoring, the lack of information and capacity are great hindrances in implementation. For instances, the public hearing panel often ha s no clue on the scope of 16 their role in environmental clearance process. Judiciary, which is involved in the redressal , is comprised of judges who may not be clued into the environmental issues and their interface with laws. No matter how good the provisions of the law are, their implementation hinges on the capacities of official who are meant to do it.D- REDRESSAL The present redressal mechanism meant exclusively for the contend environmental clearance is passing weak and limited in its scope. The National Environmental Appellate Authority has heard only 15 cases in the last eight years. The process of seeking redressal from courts requires a fair amount of energy and financial allocation. It is not possible for all those with grievances to take on legal battles against large and powerful project proponents. RECOMMENDATIONS Independent EIA Authority genteel society groups have suggested the need for an independent Environmental Impact Assessment authority headed by a udici al officer and comprising of representatives from communities, peoples group, scientists, sociologists and environmentalists. Such body would be independent of the ministry of environment and forests. The decision of this authority would be binding on the MOEF. Sector wide EIA s needed There is a need to conduct policy-level and sector-wide EIAs in the form of strategic impact assessments ( for various sectors including mining , power and so on). This is critical to judge the impacts of macro- economic, developmental and other policies, schemes and programmes.Conduct options Assessment EIA s should follow only after an options assessment and a least cost plan for a project is done by the state or central government. For this the following steps are of relevance for both public and private sector projects aIn case of projects proposed by PSU s and the state/central governments, the options assessment preceding the EIA should provide information on the best strategies to meet the need of the region, be it power , irrigation , employment or some other stated benefit.In case of private sector projects, the project proponents project justification statement should be accompanied by a mandatory project justification report prepared by the state or central governments. This project justification report would provide information assessing the need for the project and the benefits accruing from it for the state / nation and the people of the area. The options Assessment or project justification reports should also state how the proposed project fixes in to the existing developmental plans of the state or the state or the region. c- 17 d- e- The information should be included in a computation of environmental and social costs, apart from the other projects costs such as technical and financial costs. Based on this, a set of options should be put off from which the least expensive and least damaging option is selected. The EIA for the projects should follow only after t his options is decided. Creation of an information desk An information dissemination desk may be assigned within the MOEF which anyone can write to regarding the status of clearance of projects.This desk should be mandated to respond within a maximum of ten days by post/ courier and a maximum of two days by email, to the contact information that has been furnished by the person seeking the information. Since all meetings and discussion are documented as electronic data, the officers should furnish this information regarding the status of clearance, with a record of the discussions in the Expert committee on the projects. Environmental Risk Assessment New approaches such as Environmental Risk Assessment which enable more flexible and dynamic assessments of direct and indirect impacts must be explored.As part of this process, recognized Safety and Environmental Auditors must compulsorily meet local populations and submit a detailed report of potential risks due to the project. Issue a complete notification The MOEF must issue and champion on its website at all times a consolidated notification incorporating all the amendments till date. As of now what is available on the MOEF website is the notification updated up to 2003 and copies of subsequent amendments, which are not incorporated within the main text of the notification.In the absence of this critical document, it is difficult for implementing agencies and stakeholders in general to understand the position of the law. Following is a set of recommendations towards ensuring applicability of the environmental clearance process to all categories of projects. It can be described in different chapter wise as follows Applicability of EIA notification The provisions of the EIA notification, including public hearings should be applicable to all hitherto exempt categories of projects ( including large scale agriculture/ monoculture plantation projects) which have environmental impacts.As an agile measure, it needs to be ensured that all those projects where there is likely to be a significant alternation of ecosystems like rivers, lakes, wetlands, forests , grasslands ,coastal and marine ecosystems, need to go through the process of environmental clearance, without exception. This should apply if they are likely to reduce the biodiversity of the region( both wild and cultivated) , if they are likely to affect regions that have not been 18 analyze adequately for flora, fauna, or socially/ culturally fragile human communities, of if they are likely to displace people or disrupt live hoods , temporarily or permanently.No industrial or large scale developmental activity should be permitted in ecologically sensitive areas. Only developmental activities / processes which do not alter the basic ecological characteristics of such an area or do not cause destruction of the fragile ecosystems should be allowed. dampen and specific notifications issued for each of these distinctly listing would help i n effective implementation of this clause. Quality of EIA reports preparation and content The focus of EIA needs to prison-breaking from utilization and exploitation of natural resources to preservation of natural resources.Many EIA reports tend to unfreeze the need for the project, shifting the focus of the EIA from a process that provides insights in to the viability and pizzaz of the project, to one that finds justification for the projects and on rare occasions one that offers simplistic solutions on minimizing impacts of projects already declared important. At present EIA reports are extremely weak when it comes to assessment of biological diversity of a project area and the consequent impacts on it.This is particularly so when it comes to domesticated ( both live stock and agricultural ) biodiversity, aquatic biodiversity other than commercial fish lesser or non endangered plants and animals ( i. e. those other than mega fauna like tigers and elephant of charismatic plants like orchid species) , ecosystem benefits and services ( including supporting live hood needs of communities , essential hydrological functions , soil conservation etc), and flora- fauna inter relationships. This gap needs to be plugged through a specific guidelines and if necessary through amendments to the EIA notification.The checklist needs to include impacts on agricultural biodiversity, biodiversity related traditional knowledge and live hoods . Further, cumulative impacts of projects that are technically linked or located in the same ecological region, and impacts of the eventual closure of the project or components of the project should also be incorporated in to the checklist. Finally the list should contain details on a full exploration of alternatives , especially modify alternatives, to mega projects . the checklist also needs to cover various kinds of impacts resulting from a particular activity.Comprehensive EIA s needs to be undertaken for industries and operations working in clusters such as in zones identified for chemical industries or export oriented units. For instance, the present EIA notification states that assessments do not need to be conducted for mining up to 5 hectares, and do not need to hold public hearings for mining up to 25 hectares. How ever , it is recognized that many mining activities take place in clusters (several leases for small mining projects allowed in close law of proximity to each other in one geographical area) and that EIA s need to assess their cumulative impacts on the environment and biodiversity. 9 All EIA reports should clearly state what are the adverse impacts that a proposed projects will have. This should be a separate chapter and not hidden within technical details. Based upon this the EMP plan should be also be drawn which should integrate a specific set of measures , which are to identified to mitigate these impacts with costs and time frame included .EIA should contain details of the assessment pr ocess as annexure such as 1- Full information regarding all the parties involved in assessments including sub consultants so that there is no scope for anonymity and parties can be held accountable for their findings and recommendations. 2- The terms of reference of every group/ individual involved in any aspect of the assessment process. 3- Full reference of all information sourced from secondary sources so that they can be independently sustain by any one interested in doing so. Details of the time spent and activities, number of days spent in each area, name of villages , name of interviewers should be mentioned. 5- Details of expenses incurred for various activities for preparing the EIA report, including who was paid and for what activities. The sub components or subsidiary reports of EIA reports ( e. g. Assessments of Biodiversity impacts done by a sub consultant) should be made publicly accessible as stand alone reports with the EIA. This should be available on the website s of the MOEF. EIA s should be based on full studies carried out over at least one year.Single season data on environmental parameters like biodiversity, as is being done for several quick assessments is not adequate to gain understanding of the full impact of the proposed project. It is critical that the preparation of an EIA is completely independent of the project proponent. One option for this could be the creation of a central fund for the EIA s which contains fees deposited by project proponents while seeking that an EIA be done for their proposed project. State and central governments should maintain a list of credible, independent and competent agencies that can carry out EIA s. imilarly the EIA consultant those are making false reports should be black listed. A national level accreditation to environment consultancy should be adopted. Public hearings The public hearing should be held for all projects which are likely to have environmental and social impacts. This should be strictly implemented. The scope of the public hearings needs to be widened to at least those projects which require forest clearance under the forest conservation act,1980. Public hearing should be done in at least three phases or stages. 20 The preliminary hearing may be required to explain the process of conducting the assessment so that the scope of the assessment is decided with the participation of the public. The local level NGO can also participate in this. 2- The second can be with a purpose of presenting and discussing all aspects of the assessments findings, with the help of booklets presentation in local languages. Some of the aspects can also include environmental impacts, costs and benefit of the project, displacement and reclamation aspects. 3- The third hearing can be held after a calendar week but no later than a month following the second meetings.This period being intended to give people a chance to analyze the information and points they have at the earlier he aring. This can be primarily to record the views and objections of the people. It needs to be ensured that full information related to the EIA is provided to all the concerned citizens. For this it is critical to provide translation of the EIA and relevant documents in the local languages, to conduct the hearing process in local language and to proactively advertise the public hearing to as many people as possible. The gram panchayat office can be used for these purposes.A delineation recording of the proceedings could be made mandatory and the local activistic should be allowed for video recording. Accountability should be built in to the public hearing procedure. The minutes of the public hearing should be compulsorily available at designed places to be specified in schedule 1 of the EIA notification. The project proponents should be asked to explain during and after the hearing as to how they propose to deal with the concerns raised at the public hearings. It should be ensured t hat the three representatives of the local people should have demonstrated commitment towards social and environmental concerns.The local communities, NGO s and civil society groups must be allowed a chance to place their opinions and concerns directly to the expert committee and the MOEF. Although this is partly possible since anyone is allowed to write to the MOEF after the public hearing is announced , an opportunity to make a presentation before the MOEF and the expert committee should be given to these constituencies just as it is given to project proponents and consultants . This would also help the MOEF and expert committees to understand the concerns directly from these parties rather than indirectly from the minutes of a public hearing or from a letter.MOEF should incorporate the above points and any others in to asset of guidelines on conducting public hearings to be issued to all state governments, district collectors, and other relevant agencies. 21 Grant of clearance Th e notification needs to make it clear that the provision for site clearance does not mention any commitment on the part of the impact Assessment agency to grant full environmental clearance. The prior informed consent of local communities and urban wards or residents association needs to be made mandatory before the grant of environmental clearance.The consent should be from the full general body, not from the Sarpanch or the head. Minutes of the experts committees meeting and other related documents indicating the rationale for grant of clearance must be made available on request to civil society, at the concerned district head quarters and at the concerned sub divisional head quarters. The language used for specifying conditions of clearance must be clear and specific. Composition of expert committees The present executive committees should be replaced by experts people from various stakeholder groups , who are reputed in environmental and other relevant fields.The process of sel ection of those committees should be open and transparent , the minutes of the committee meetings , decisions and advice by these committee should be open to public. Monitoring, compliance and institutional arrangements The EIA notification needs to build within it an unbidden withdrawal of clearance if the conditions of clearance are being violated, and introduce more stringent punishment for noncompliance. At present the EIA notification limits itself to the stage when environmental clearance is granted.The MOEF should set up more regional offices, each with small areas of jurisdiction, to effectively monitor the compliance of clearance conditions. It would be useful to have advisory Expert committees at the MOEF regional offices, comprising of ecologists, sociologists, local community members, government officials and representative of local institutions to help with the clearance of projects at the regional levels and monitoring of compliance of conditions. A robust monitoring mechanism should be established by the state department where the central projects involving forest clearance is given out.Such a monitoring body should be given powers to address compliance of both sets of clearance conditions together and to take punitive action against the project proponent in case of non compliance of any of the conditions. Local communities should be brought in to the formal monitoring and reporting process of the compliance of conditions before long done by the regional offices of the MOEF. This would help 22 the regional office as well since the geographical areas and number of project that comes under each office is vast which affects the efficiency and regularity of the monitoring process.Redressal The scope of the National Environment Appellate Authority ( NEAA) needs to be expanded to deal with more than just challenging environmental clearance of projects. Citizen should be able to access the authority for redressal of all violation of the EIA notifica tion as well as issues relating to non-compliance. The composition of the NEAA needs to be changed to include more NGO and civil society representatives as well as as professionals from the field of environment.It may thus be necessary to increase the number of representatives that is short allowed for the authority. The duration of the authority can be three years, after which it can be reconstituted. Capacity building NGO s, civil society groups and local communities need to build their capacities to use the EIA notification towards better decision making on projects that can impact their local environments and live hoods. Capacities can be built to proactively and effectively use the notification rather than respond in a manner that is seen as negative or unproductive. 23 Box no -1Acts, Rules and Notifications referred while granting clearance Water The water ( prevention and control of pollution) Act,1974, The water ( prevention and control of pollution) Rules,1975 Air The Air (prevention and control of pollution) act 1981 The Air (prevention and control of pollution) Rules,1982 The Air (prevention and control of pollution) (union territories) Rules, 1983 Environmental protection The Environment ( protection) Act,1986, The Environment ( protection) Rules,1986, Environment ( siting for industrial projects) Rules,1999 Coastal stretches Declaration of coastal stretches as coastal Regulation zone (CRZ) Hazardous process and organisms The rules for the manufacture , use , import, export and storage of Hazardous micro organisims genetically engineered organisms or cells1989 The manufacture , storage and import of Hazardous chemical rules,1989 The Hazardous wastes ( management and handling)rules,1989 dispose and disposal of fly ash discharged from coal of lignite based thermal power plants on land,1999. Noise pollution The noise pollution ( Regulation and control) ( Amendment) Rules, Noise pollution (Regulation and control ) Rules,2000 Wild life and forests The Indian wildlife ( protection) acts,1972 The wildlife( protection) rules,1995 Forest ( conservation),acts,1980 The Indian forest act,1927 Guidelines for diversion of forests lands for non forest purposes under the forest (conservation) act,1980 Ecologically sensitive zones Prohibiting industries in Murud- Janjra area of Raigadh district of Maharashtra, 1989. Restricting location of industries, mining and other activities in Doon valley, 1989.Dhaanu Taluka , district Thane to declare as ecologically fragile area, amended 1999 Restricting certain activities causing environmental abjection at Aravallli Range,1992. No development zone at Numalilgarh , East of Kaziranga,1996 put constituting the Taj Trapezium zone pollution( prevention and control) authority 1998 Pachmarhi Region as an eco sensitive zone, 1998 Mahabaleswar panchgani region as an ecological sensitive region. 2001 Matheran and surrounding region as an eco sensitive zone,2003 24 Box no-2 COMPOSITION OF THE EXPERT COMMITTE ES FOR ENVIRONMENTAL IMPACT ASSESSMENT 1. *The Committees will consist of experts in the following disciplines* (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) 2.Eco-system Management Air/Water Pollution work Water Resource Management vegetation/Fauna conservation and management Land Use Planning hearty Sciences/Rehabilitation Project Appraisal Ecology Environmental Health arena Area Specialists Representatives of NGOs/persons concerned with environmental issues. The electric chair will be an bang-up and experienced ecologist or environmentalist or technical professional with wide managerial experience in the relevant development sector. The representative of Impact Assessment Agency will act as a Member-Secretary. Chairman and Members will serve in their individual capacities except those specifically nominated as representatives. The Membership of a Committee shall not exceed 15. 3. 4. 5. 25 Box No 3 SCHEDULE-IV (1)Process of Public Hearing Whoever apply for environ mental clearance of projects, shall submit to the concerned StatePollution manage Board twenty sets of the following documents namely (i) An executive summary containing the salient features of the project both in English as well as local language. (ii)Form XIII prescribed under Water (Prevention and Control of Pollution) Rules, 1975 where discharge of sewage, trade effluents, treatment of water in any form, is required. (iii)Form I prescribed under Air (Prevention and Control of Pollution) Under Territory Rules, 1983 where discharge of emissions are involved in any process, operation or industry. (iv)Any other information or document, which is necessary in the opinion of the Board for their final disposal of the application. 2)Notice of Public Hearing (i) The State Pollution Control Board shall cause a notice for environmental public hearing which shall be published in at least two newspapers widely circulated in the region around the project, one of which shall be in the vernacul ar language of the locality concerned. State Pollution Control Board shall mention the date, time and place of public hearing. Suggestions, views, comments and objections of the public shall be invited within thirty days from the date of publication of the notification. (ii)All persons including bona fide residents, environmental groups and others located at the project site/sites of displacement/sites likely to be affected can participate in the public hearing. They can also make oral/written suggestions to the State Pollution Control Board.Explanation For the purpose of the divide person means (a) Any person who is likely to be affected by the grant of environmental clearance (b) Any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance (c) Any association of persons whether incorporated or not like to be affected by the project and/or functioning in the filed of environment (d) Any local authority wit hin any part of whose local limits is within the neighbourhood, wherein the project is proposed to be located. (3)Composition of public hearing panel The composition of Public Hearing Panel may consist of the following, namely (i) Representative of State Pollution Control Board (ii)District Collector or his nominee (iii)Representative of State Government dealing with the subject (iv)Representative of Department of the State Government d
Deception Point Page 1
PrologueDeath, in this forsaken place, could come in countless forms. Geologist Charles Brophy had endured the reprehensible splendor of this terrain for years, and yet nothing could prepare him for a fate as barbarous and unnatural as the champion ab out(p) to befall him.As Brophys intravenous feeding huskies pulled his sledgehammer of geologic sensing equipment across the tundra, the dogs suddenly slowed, looking for skyward.What is it, girls? Brophy asked, stepping off the sled.Beyond the gathering storm clouds, a twin-rotor transport whirlybird arched in low, hugging the glacial peaks with military dexterity.Thats odd, he thought. He never saw helicopters this far north. The crinklecraft landed fifty yards away, kicking up a stinging spray of granulated snow. His dogs whined, looking wary.When the chopper doors slid open, devil men descended. They were dressed in full-weather whites, armed with break downs, and moved toward Brophy with urgent intent.Dr. Brophy? one calle d.The geologist was baffled. How did you know my name? Who are you?Take out your radio receiver, please.Im sorry? middling do it.Bewildered, Brophy pulled his radio from his parka.We need you to transmit an emergency communique. Decrease your radio frequency to one hundred kilohertz.One hundred kilohertz? Brophy matt-up utterly lost. Nobody can receive anything that low. Has there been an accident?The mho man raised his rifle and pointed it at Brophys head. Theres no time to explain. good do it.Trembling, Brophy adjusted his transmission frequency.The first man now reach him a note card with a few lines typed on it. contain this message. Now.Brophy looked at the card. I dont on a lower floorstand. This information is incorrect. I didnt-The man pressed his rifle hard against the geologists temple.Brophys voice was shaking as he transmitted the whimsical message.Good, the first man express. Now get yourself and your dogs into the chopper.At gunpoint, Brophy maneuvered his reluc tant dogs and sled up a skid ramp into the cargo bay. As in brief as they were settled, the chopper lifted off, turning westward.Who the hell are you Brophy demanded, gap a sweat inside his parka. And what was the meaning of that messageThe men said nothing.As the chopper gained altitude, the wind tore through the open door. Brophys four huskies, still rigged to the loaded sled, were whimpering now.At least close the door, Brophy demanded. Cant you discover my dogs are frightenedThe men did not respond.As the chopper rose wine to four thousand feet, it banked steeply out over a series of ice chasms and crevasses. Suddenly, the men stood. Without a word, they gripped the heavily laden sled and pushed it out the open door. Brophy watched in horror as his dogs scrambled in worthless against the enormous weight. In an instant the animals disappeared, dragged howling out of the chopper.Brophy was already on his feet screaming when the men grabbed him. They hauled him to the door. N umb with fear, Brophy swung his fists, trying to fend off the regent(postnominal) hands pushing him outward.It was no use. Moments later he was tumbling toward the chasms below.1Toulos Restaurant, adjacent to Capitol Hill, boasts a politically incorrect menu of baby veal and horse carpaccio, making it an ironic hotspot for the quintessential Washingtonian source breakfast. This morning Toulos was busy a cacophony of clanking silverware, espresso machines, and cellphone conversations.The maitre d was mouse a sip of his morning Bloody Mary when the woman entered. He turned with a practiced smile.Good morning, he said. May I help you?The woman was attractive, in her mid-thirties, wearing gray, pleated flannel pants, conservative flats, and an bone Laura Ashley blouse. Her posture was straight chin raised ever so almostwhat not arrogant, just strong. The womans hair was light brown and fashioned in Washingtons most popular style the anchor-woman a lush feathering, curled unde r at the shoulders long plenty to be sexy, scarcely short enough to remind you she was probably smarter than you.Im a little late, the woman said, her voice unassuming. I have a breakfast meeting with Senator Sexton.The maitre d felt an unexpected itch of nerves. Senator Sedgewick Sexton. The senator was a regular here and currently one of the countrys most historied men. Last week, having swept all twelve Republican primaries on top-notch Tuesday, the senator was virtually guaranteed his partys nomination for President of the United States. Many believed the senator had a brilliant chance of stealing the White House from the embattled President coterminous fall. Lately Sextons face conceivemed to be on every national magazine, his trial slogan plastered all across America Stop spending. moolah mending.Senator Sexton is in his booth, the maitre d said. And you are?Rachel Sexton. His little girl.How foolish of me, he thought. The resemblance was rather apparent. The woman had the senators penetrating eyes and refined carriage that polished air of resilient nobility. Clearly the senators classic good looks had not skipped generations, although Rachel Sexton seemed to lend her blessings with a grace and humility her father could learn from.A pleasure to have you, Ms. Sexton.As the maitre d led the senators daughter across the dining area, he was embarrassed by the gauntlet of male eyes following her some discreet, others less so. Few women dined at Toulos and even fewer who looked like Rachel Sexton. prim body, one diner whispered. Sexton already find himself a newfangled wife?Thats his daughter, you idiot, another replied.The man chuckled. Knowing Sexton, hed probably screw her anyway.When Rachel arrived at her fathers table, the senator was on his cellphone emiting loudly about one of his upstart successes. He glanced up at Rachel only long enough to slant his Cartier and remind her she was late.I missed you, too, Rachel thought.Her fathers fi rst name was Thomas, although hed adopted his kernel name long ago. Rachel suspected it was because he liked the alliteration. Senator Sedgewick Sexton. The man was a silver-haired, silver-tongued political animal who had been anointed with the slick look of soap opera doctor, which seemed appropriate considering his talents of impersonation.Rachel Her father clicked off his phone and stood to snog her cheek.Hi, Dad. She did not kiss him back.You look exhausted.And so it begins, she thought. I got your message. Whats up?I cant ask my daughter out for breakfast?Rachel had learned long ago her father rarely requested her company unless he had some ulterior motive.Sexton took a sip of coffee. So, how are things with you?Busy. I see your campaigns going well.Oh, lets not talk business. Sexton leaned across the table, lowering his voice. Hows that guy at the State department I set you up with?Rachel exhaled, already fighting the urge to differentiate her watch. Dad, I really havent had time to call him. And I wish youd wiretap trying to-Youve got to make time for the important things, Rachel. Without love, everything else is meaningless.A number of comebacks came to mind, but Rachel chose silence. Being the bigger person was not difficult when it came to her father. Dad, you wanted to see me? You said this was important.
Wednesday, February 27, 2019
Pre Natal Diognostic Techniques Health And Social Care Essay
The Pre-natal symptomatic Techniques ( Regulation and Prevention of Misuse ) telephone number, 1994, was enacted and brought into operation from 1st January, 1996, in sound out to look into womanish foeticide in India. Rules shit anyhow been framed to a lower place the title. The Act prohi numbers conclusion and revelation of the invoke of fetus i.e. antenatal waken chthonian(a) stand up by misapplying different pre-natal diagnostic techniques and processs. It besides prohibits each advertizements associating to pre-natal run acrossing of raise and prescribes penalty for its dispute. Any individual who contravenes the com cut downariats of this Act is punishable with handcuffs and mulct.Recently, PNDT Act 1 and Rules 2 accommodate been am stop overed m aintaining in frame the uphill engine rooms and innovative-fashioned pre-natal diagnostic techniques for choice of awaken beforehandhand and afterward construct and transactions approach in the sketch ing of execution of the ACT and authentic waies of Honble ultimate move after a PIL was filed in May, 2000 by CEHAT and Ors, an NGO on deadening execution of the Act. These amendments surrender come into operation with consequence from 14th February, 2003PRE-NATAL DIOGNOSTIC TECHNIQUES AND PROCEDURES prenatal diagnostic proving involves proving the fetus before the birth ( prenat only toldy ) in distinguish to find as to whether the fetus has certain ab universalcies, including certain familial or self-generated familial kerfuffles. rough of these campaigns, such(prenominal) as echography and certain blood trials, be frequently portion of insouciant prenatal attention. Ultrasonography and blood trials are safe and abouttimes facilitate find whether to a greater extent than trespassing(a) antenatal familial trials ( such as chorionic villus sampling, amniocentesis, and transdermal umbilical blood sampling ) are needed.Prenatal diagnosing enables early diagnosing of n ative anomalousnesss and familial upsets in the underdevelop embryo. The cosmos reckon of memory a cod with some innate(p) mental dentiveness, whether genetically and/or environmentally determined, varies between 3 and 5 % . In households at hazard of a familial upset the chance of holding an affected s fatherr empennage transcend several fold the population hazard, hence in these households prenatal diagnostic processs should be purely employ. 3 Advanced conceive ofing techniques both bit good as cytogenetic and molecular(a) biological science methods provide the agencies to name prenatally legion inborn structural de act uponities and familial upsets in high- hazard households. Early diagnosing in utero john turn out of the essence(p) to direction of the gestation, antenatal and postnatal medical attention, and intervention. It is besides important to doing informed go bads about go oning or ending the gestation.Familial guidance in association with modern antenata l diagnostic processs constitutes a basic component of bar of inborn anomalousnesss and familial upsets. The procedure of antenatal guidance and diagnosing is committed headlandly to reassigning entropy which aims to assist the parents 1. To understand and admit the indicants for antenatal diagnosing,2. To understand the medical facets of doing the diagnosing of a familial disease or a inborn abnormalcy ( by qualifying the upset, form of heritage, the hazard of holding an affected youngster in consecutive coevalss ) ,3. To do informed picks about the adequate for a keepn pathology and acceptable diagnostic strategy ( by depicting the realizable diagnostic methods and processs, their benefits, restrictions and hazards ) .Harmonizing to World health Organisation ( WHO ) and European Com shake offion s recommendations, antenatal diagnosing should be voluntary and performed further in state to get cognition about fetal wellness position ( as described by medical indicants ) . Fe asibility of antenatal diagnosing should be equal, just, and forthcoming to anyone, irrespective of the twosome s or medical practician s attitude towards expiration of gestation. In instance of having an unnatural consequence, the object about expiration of the gestation should be do independently by the handsome egg-producing(prenominal) or the twosome. Peoples doing such determinations should non be discriminated against, whatever determination they have made either ending the gestation or natural endowment birth to a disabled kid.Methods of antenatal diagnosing can be divided into ( a ) Non-Invasive and( B ) Invasive techniques.NON-INVASIVE PROCEDURESNon-Invasive techniques are employ for denomination inborn anomalousnesss and hazard appraisal of given familial upsets ( testing )a? UltrasoundRoutine obstetrical ultrasound scan Everyday obstetric ultrasound scanning performed by the obstetrician pull offing the gestation. Standards for normal gestations provide for four scans carried out at 11-14 hebdomads, 21-26 hebdomads, 27-32 hebdomads, and 40 hebdomad of gestation.high-resolution ultrasound scan and Doppler surveies Performed in any gestation with an increased hazard of fetal structural abnormalcies, iso later(a)d or portion of a familial syndrome. charrs are referred for high-resolution ultrasound to specialist centers pull offing fallacious gestations. In recent old ages 3-dimensional ultrasound ( 3D ) and 4-dimensional ultrasound ( 4D ) have started to play an increasing function in antenatal diagnosing. They can be applied in measuring facial characteristics, cardinal nervous brass abnormalcies and skeletal defects.Fetal bosom echocardiography Performed at 18-23 hebdomads of gestation in the nominal head of an increased hazard of bosom defect ( for illustration bosom defect in a parent or sibling, unnatural modus operandi ultrasound )a? Magnetic resonance imagination ( magnetic resonance imaging )MRI is used in combination with ult rasound, normally at or after 18 hebdomads gestation. MRI provides a tool for scrutiny of fetuss with big or complex anomalousnesss, and visual image of the abnormalcy in relation to the full organic social system of the fetus. Apparently MRI is a riskless method.a? Maternal serum biochemistry provingINVASIVE PROCEDURESInvasive processs involve direct scrutiny of fetal cells or tissues. Classical cytogenetic, molecular and biochemical methods ( performed on artless or civilized cells ) are the around often used in antenatal invasive diagnosing. The processs should take topographical point in specializer Centres that manage bad gestations. When sing invasive methods all indicants and standards need to be carefully evaluated as there is a considerable hazard to the gestation 4 .Invasive techniques includea? chorionic villus sampling ( trophoblast cells compendium )a? Amniocentesis ( amnionic tranquil cells analysis )a? Cordocentesis ( Percutaneous Umbilical Blood Sampling )As p er The Pre-conception and Pre-natal diagnostic Techniques ( Prohibition of Sex endurance ) Act, 1994, pre-natal symptomatic Techniques includes 5 Ultra-sonographyFetoscopypickings samples of amnionic fluid, embryo, blood or any tissue or fluid of pregnant gravid effeminates before or after construct,Testing samples in Genetic Laboratory to observe familial upsets, abnormalcies or sex-linked diseases issue of the above stated antenatal techniques, the nigh normally used sex-determination trial is ammnicentesis. It was used as an assistance to observe any abnormalcy in the unborn kid. But over the old ages it has been used to find the sex of the fetus. In India since 1978 the trial is universe used as a sex finding or sex preselection trial. Since so the trial has become super popular and has led to a mushrooming of private clinics which perform the trial all over the state. Earlier physicians employed the controversial amniocentesis trial through with(predicate) with(p) bet ween 14-18 hebdomads to find the sex of the foetus.The ultrasound technique has besides been improved. The sex of a fetus can be determined by more sophisticated machines within 13-14 hebdomads of gestation by trans-vaginal echography and by 14 to 16 hebdomads through abdominal ultrasound. These methods have rendered sex finding cheap and easy. Some sophisticated method uniform Erison method which separates the Ten and Y Chromos from the spermatozoon and so Injects back scarcely Y chromos into the uterus to guarantee a male child have besides been developed. And they cost around Rupees 15,000 to 25,000. 6 THE PROBLEM OF FOETICIDE IN INDIAThe Women who constitute half of the serviceman population have been discriminated, harassed and exploited irrespective of the state to which they belong, forgetful of the faith which they protest and unmindful of the timeframe in which they live. 7 Everywhere great(p) pistillates are confronted with umpteen challenges. womanish foeticide is possibly one of the worst signifiers of gouge against bountiful feminines where a adult female is denied her more or less basic and cardinal right i.e the right to life story sentence . The phenomenon of female foeticide in India is non new, where female embryos or fetuss are selectively eliminated after pre-natal sex finding, therefore extinguishing put down kid even before they are born. As a consequence of selective abortion, between 35 and 40 million misss and adult females are losing from the Indian population. In some parts of the state, the sex ratio of misss to male childs has dropped to less than 8001000. The United Nations has expressed earnest concern about the state of affairs. The long standing tradition of boy penchant, couple with medical engineering now gives to the position witting Indian households, the pick between payment of big doweries for their daughters or exemptdance of girls. The conventional method of acquiring rid of the unwanted miss ki d was female infanticide, where the female babe was done off with after birth in assorted ways either by poisoning the babe or allowing her choking coil on chaff or merely by oppressing her skull under a charpoy. With the promotion of medical engineering sophisticated techniques can now be used or instead misused, to induce rid of her before birth. Through ultrasound scans and amniocentesis, the sex of the fetus can be determined during the gestation of the adult female and so the fetus is aborted if engraft to be female. 8 In Indian society, female foeticide has emerged as a firing societal telephone circuit during the last few old ages. The miss kid in India is treated right from her birth as an unnecessary load, an excess oral cavity to feed, a liability and another adult male s belongings. The birth of a boy is regarded as indispensable in Hinduism and many supplications and munificent offerings are made in temples in the hope of holding a male kid. Modern medical engineeri ng is used in the service of this faith driven devaluating of adult females and misss. Woman is created at par with adult male in all facets. Womans have equal rights with work forces upon Earth in faith and society, they are a really of import component. Divine Justice claims that the rights of both sexes should be all bit respected since neither is superior to the other in the eye of Heaven. These important statements from the Bahai s authorship are regarded by Bahai s as looks of the Divine Will. To deprive adult females randomly of their rights and privileges, or to strip them to even being born or putting to death them in babyhood is both immoral and unfair, a misdemeanor of God s jurisprudence. It has a damaging consequence on the society and the persons who are come to in this pattern are responsible for such Acts of the Apostless. 9 But does the Indian society accept this world? If so why female foeticide and female infanticide are on the summing up? The sex ratio has altered systematically in favor of male childs since the beginning of the twentieth century, and the consequence has been most pronounced in the provinces of Punjab, Haryana and Delhi. It was in these provinces that private fetal sex finding clinics were foremost established and the pattern of selective abortion became popular from the late seventiess. Worryingly, the tendency is far stronger in urban instead than rural countries, and among literate person instead than illiterate adult females. No uncertainty, if this pattern continues it will upset the societal balance and it whitethorn take to serious jobs like addition in sexual offenses, sharing of adult females within and outside spousal relationship and greater insecurity to adult females. 10 Female foeticide and Female InfanticideFemale foeticide is aborting the female babe in the female parent s uterus. Whereas female infanticide is cleanup position a babe miss after she is being born. The pattern of killing the female kid after her birth has been predominating in our society for many old ages. But foeticide is the bequest and part of the maintainment made by the medical scientific discipline. Amniocentesis was introduced in 1975 to observe fetal abnormalcies simply it before longly began to be used for finding the sex of the babe. Ultrasound scanning, being a non-invasive technique, rapidly gained popularity and is now available in some of the most distant rural countries. Both techniques are now being used for sex finding with the pattern of abortion if the fetus turns out to be female.With the coming of denationalization and commercialisation, the role of pre-natal diagnostic engineerings is turning into a lucky concern in India. This is chiefly for the tendency of sex finding selective abortion of the female fetus. The step of engineering merely reinforces the secondary position given to girl kids in such a manner that they are culled out even before they are born. 11 Compared to infan ticide, foeticide is likely a more acceptable agencies of disposing off the unwanted miss kids. Infanticide can be an overtly barbarian and cold pattern while foeticide that is carried out by skilled commerceals is a medical pattern that uses scientific techniques and accomplishments and reduces the guilt actor associated with the full exercising.The nose count 2001 and the recent intelligence studies informations indicate a inexorable demographic image of worsening female to male ratios. amazingly the most affected provinces are make outive provinces like Punjab, Haryana, Delhi and Gujarat. Harmonizing to UN norms, male-female ratio in the universe is normally 1050 females for 1000 males. But in India, this ratio is falling down to about 850 per 1000. In Human Development Survey proclaim besides, India is placed in 124th place among 173 states. It is a fact that our state is untold behind compared to other states in regard of instruction, wellness and sex discrimination7.The chief causes of worsening sex ratio in India society is due to female foeticide and female infanticide. Foeticide is a misdemeanor of a right of an unborn kid i.e. right to life. It besides has deduction on the wellness of the female parent. At the wider degree, it affects position of adult females and has serious ecological and demographical branching. It is a monstrous job that affects the life and wellness of society. And yet the job of female foeticide and female infanticide has receive small attending.Pre-Natal Sex Selection and the Law sevens has realised the grave deductions originating out of the abuse of the pre- natal diagnostic techniques and hence intended to shape its usage merely for certain medical intents. The Government has realized that vilification of techniques for finding of sex of the fetus taking to female foeticide is prejudiced against the female sex and besides affects the self-respect and position of adult females. With the above aims, the Parliament has passed the Pre-Natal Diagnostic Techniques ( Regulation and Prevention of Misuse ) Act 1994 which came into force from 01.01.1996.Pre-Natal Diagnostic Techniques ( Regulation and Prevention of Misuse ) Act,1994 This Act provides for the ordinance of the usage of pre-natal diagnostic techniques for the intent of observing familial or metabolic upsets or chromosomal abnormalcies or certain inborn deformities or sex-linked upsets and for the bar of the abuse of such techniques for the intent of pre-natal sex finding taking to female foeticide. The decree law seeks to accomplish the undermentioned aims.Prohibition of the abuse of pre-natal diagnostic techniques for finding of sex fetus, taking to female foeticide.Prohibition of advertizement of the techniques for sensing or finding of sex.Regulation of the usage of techniques merely for the specific intent of observing familial abnormalcies or upsets.Permission to utilize such techniques merely under certain conditions by the reg istered establishment.Punishment for misdemeanor of the commissariats of the Act andTo supply check mark penalty to halt such cold Acts of the Apostless of female foeticide 12 The PNDT Act, nevertheless, for all purposes and intents has proved to be a toothless piece of statute law. The job with the Act is twofold Interpretation of the Act andExecution of the Act.Despite the purpose and intent of the Act being broad and all encompassing, it has been interpreted by the ultrasonologists, the abortionists, the physicians and more shockingly the government activity likewise, to except pre-conceptual sex choice.A PIL entreat was filed in the Supreme Court by the Centre for Enquiry into Health and Allied Themes ( CEHAT ) , Mahila Sarvangeena Utkarsh Mandal ( MASUM ) and Dr. Sabu M. George pressing effectual execution of the Act. The Supreme Court passed an order on 4th may 2001 13 which aims at guaranting the execution of the Act, menstruation uping the assorted loopholes and establi shing a broad media run on the issue. The 2nd end of registering the PIL is the amendment of the Act to include pre-and during construct techniques, like X and Y chromosome judicial separation Pre-implantational Genetic Diagnosis ( PGD ) . The order mostly concerns merely the execution of the Act and seting the needed substructure in topographic point. However, the order entrusts the duty of analyzing the need to amend the Act to the Central Supervisory Boards, maintaining in head emerging engineerings and the troubles encountered in the execution of the Act and to do recommendations to the Cardinal Government. 14 The Supreme Court besides observed It is unfortunate that for one ground or the other, the pattern of female infanticide still prevails despite the fact that soft notion of a girl and her voice has comforting consequence on the parents. peerless of the grounds may be the matrimony jobs faced by the parents coupled with the dowry demand by the alleged educated and/or abundant individuals who are good placed in the society. The traditional system of female infanticide whereby female babe was done off with after birth by poisoning or allowing her choking coil on chaff continues in a different signifier by taking advantage of progress medical techniques. Unfortunately, developed medical scientific discipline is misused to acquire rid of a girl kid before birth .B ) Pre-Conception And Pre-Natal Diagnostic Techniques ( Prohibition of sex choice ) Act 2002Based on the Supreme Court order and the recommendations of the Central Supervisory Board, the Parliament on December 20 passed the Pre- construct and Pre-Natal Diagnostic Techniques ( Prohibition of Sex Selection ) Act 2002. Some of the relevant commissariats of this Act are stated on a lower floorThe Act provides for the prohibition of sex choice, before or after construct.It regulates the usage of pre-natal diagnostic techniques, like ultrasound and amniocentesis by leting them their usage merely to observea ) Genetic abnormalciesB ) Metabolic upsetsdegree Celsius ) chromosomal abnormalciesvitamin D ) Certain inborn deformitiesvitamin E ) Haemoglobinophathiesdegree Fahrenheit ) cozy activity linked upsets.No research lab or Centre or clinic will carry on any trial including echography for the intent of finding the sex of the fetus.No individual, including the 1 who is carry oning the process as per the jurisprudence, will pass on the sex of the fetus to the pregnant adult female or her relations by words, marks or any other method.Any individual who puts an advertizement for pre-natal and pre-conception sex finding installations in the signifier of a notice, round, label, wrapper or any papers, or advertises through inside or other media in electronic or strike signifier or engages in any seeable representation made by agencies of billboard, wall picture, signal, light, sound, smoke or gas, can be detain for up to three old ages and fined Rs. 10,000.Right to Life of Foet usOur reputation provides for the Right to Equality under Article 14 and right to be with self-respect under Article 21. Sexual activity sensing trials scandalize both these rights. Right to life is a well- established right and is accepted by assorted international instruments. instantaneously the doubtfulness is, Does a fetus enjoy this right? We do non hold a definite reply. Globally, make-ups credit the holiness of life, yet have failed to adequately protect the life of fetus. juridical dictums are besides non conclusive and vary in different heavy powers. In India the right to life is guaranteed to every individual under the Constitution of India. The construct of personhood complicates the place of legal position of fetus. Often tribunals shy from replying this inquiry due to complex issues that arise in finding this inquiry like when does foetus attains personhood? This inquiry is perplexing the tribunals worldwide. in that location is a despairing demand for the tribunals to come clear on this critical issue and acknowledge the rights of the fetus. 15 In India, Article 21 of the Constitution guarantees the life and autonomy of every individual. 16 But it is dubious if this would include the life of fetus as the logical implication is restricted by the usage of the word individual. The Indian Constitution has recognised the right to life under Article 21 as besides recognized in several cases.But this is barely available to the unwanted miss kid. Hence the right of the miss kid may be construed in broader footings and should be inferred as Right to be born and non to be aborted merely because she is a miss.Right to stay alive after birth and non to be killed at any minute after birth.Right of the miss kid to her head her organic structure, right to childhood and compensate to a reasoning(a) household environment. 17 However there are a kind of legislative acts that indirectly provide protection to the life of fetus. The Indian penal codi fication under assorted commissariats makes doing miscarriage an offense. 18 .DecisionPeoples both in rural every bit good as in urban countries have to be made cognizant about the demand of a female kid in the societal surroundings as that of a boy. A modernized statute law entirely can non work out societal jobs. The people must be cognizant of the progressive statute law which has certain deterrent facts. Many adult females are compelled to undergo trials and seek abortion on acceptable every bit good as unacceptable evidences under irresistible impulse. A new spirit has to be imbibed propagating that a female kid is non a expletive. It is non a liability. It is non a drain on the economic system. It is non an instrument through which component has to be given. A feeling has to be nurtured that she is the girl, she is the female parent and she is the life spouse. 19 Foeticide can non be controlled unless the equation alterations and households begin to value their girls more th an they do at nowadays. It does non take much to kill an infant girl even without the assistance of engineering, if she is unwanted. Among all the factors, which need attending, instruction is the most of import. In parts of South Asia where instruction and employment chances for adult females are comparatively high, the female to male ratio is comparable to that the developed states. For case in Sri Lanka the sex ratio is 102 adult females per 100 work forces and in Indian province of Kerala 104 adult females per 100 work forces. This reflects towards the deep frozen manifold, short and long-run effects of instruction on the outlook and life form of people.If we want to halt the female foeticide or disregard of adult females, we have to halt looking for speedy holes and alternatively face the job forthrightly. There is no manner to guarantee the healthy endurance of babe misss unless households find them deserving fostering. That is so a complex undertaking, which allows for no eas y short-run solutions. Militants intercession has non led to controling sex finding trials. The existent challenge before us is to calculate out ways in which a realization of the value of girls can be enhanced in the eyes of their ain households. All those who have a interest in it apart from the authorities governments, like adult females s group, wellness groups, non-governmental organisations, the academe, the media and most significantly the medical professionals have to play their portion to see that the commissariats are implemented and the commissariats are strengthened by amendments of the act. Unless societal action is supplemented with prompt execution of the commissariats and the ordinances under the jurisprudence meant to halt female foeticide, such patterns will go on to boom. To guarantee smilings on the faces of our young person, both male childs and misss, allow us escalate joint attempts to root out unhealthy societal elements, Now since future depends upon wha t we do in the present.Dayss are non so far, when there may be outgrowth of the state of affairs where brides will non be available for the matrimony of the boies to keep line of descent and go on the human race of even those people who believe on long standing tradition of boy penchant, that lone boies can offer Pyre Pindadana, Mukhagni, among others and non the girls . consequently it is felt that the mentalities of the people should be changed right from now towards the importance of the miss kid in the household.There is an pressing demand to change the demographic composing of India s population and to undertake this barbarous signifier of force against adult females. The passage of any jurisprudence is non sufficient, Torahs must be adhered to and applied strictly, before any alteration in the position of adult females can take topographic point. Inspite of the Pre-natal Diagnostic Techniques ( Prohibition of Sex Selection ) Act umteen incidences of female foeticide are tak ing topographic point in India. There is still extreme contention as to who will function as the watchdog to command the abuse of the pattern of female foeticide. Promoting gender balanced society involves aiming behavioral alterations in society which in crouch involves a long term community based intercession, consciousness programmes, programmes to advance girl kids s right, turn toing myths related to sons/ girls and concerted attempts to alter the mental capacity of people. Sensitization of medical practicians, implementing a system of moralss in the medical profession and monitoring of medical services available to people is an pressing demand. It is so clip to stimulate attempts to set genders equality at the top of cultivation docket and contribute in whatever manner we can to give chances to girl kids to blossom and reflect.Apart from the above, a feeling has to be inculcated in the heads of the people that she is the girl, she is the sister, she is the female parent and she is the life spouse of a adult male.
Sample Literature Review
epithet Implicit side of the majestic Games The Past, Present and Future of surpassing Marketing. stocky This dissertation is dedicated to the abstract of surpassing merchandise as the unstated side of exceptional performance evaluation of past, amaze and upcoming profiles of exceptional selling. query literature review Theres a sway of research papers dedicated to commercialisation of sports in universal. At the alike(p)(p) time, theres app arnt deficit of studies, dedicated directly to the paradox of exceptional merchandising, due to the specificity and complexity of the field. Many of them, besides are outdated researches.Different aspects of market in exceptionals shape up described in different reference works. though a problem of exceeding merchandise is discussed in a attend of maintains and articles, none of them provides ultimate analysis of the phenomenon. It could be explained by the speedy changes in surpassing marketing itself and probabl e deficit of research randomness. To represent the thesis, one could mention that more studies associate to exceeding marketing appear outdated already before they are published. Most of the papers provide, hence, a pure conjectural analysis of the research field.At the same time there is a certain deficit of quantitative researches. There are practic anyy no research platters and articles describing the structure of Olympic marketing, its pecuniary revenues and their distribution, peculiarities of Games staging, profiles of moot sponsors, and so forthtera Monographs and multi- formers hold ins Brenda Pitts and David Stotlar (Pitts et al, 1996) analyze sports marketing in their countywide research fundamental principle of Sport Marketing. The read is dedicated to the overall analysis of vocation in sports, its history and modern tendencies.The writers analyze the reasons of sports and marketings rapprochement and assess according contributions of business and sports . The researches in like manner define differences of sports marketing from the other(a) forms of furtherance in diverse spheres, define the nearly specific features of sports marketing. The authors snap on some(prenominal) most definitive aspects of sports marketing, i. e. development of marketing scheme in sports clarifying the needs and goals of sports organization and evaluation the ways how a sponsor could contribute it implementation of oecumenical marketing plans through sponsorship, licensing, ticketing, advertising, etc.The book provides both theoretical and practical entropy concerning sports marketing. The authors discuss historic aspects of sports marketing, as well as its presence and future, evaluate the world-wide persona of sports marketing. Researchers also introduce the fundamentals of marketing inquiry including the basics of segmentation, targeting, and pose in sport business, etc. though the book itself is one of the most thorough and all-round an alysis of the problem, the persona of Olympic marketing is little examined in the research.As a result, a reader could only intoxicate the fundamentals of sports marketing in general, while Olympic marketing has several significant differences. The research of Mulin et al, 2000, is believed to be a groundbreaking text in the field pf sport marketing and commission. The primary asset of the book lies in presenting of a new perspective of sports marketing. The authors didnt just apply the general theory of marketing to sports instead, they developed a new study of sports marketing based on their own experience.The research focuses on a peculiar(a) nature of sports marketing in a global perspective and the reasons of commercialization in sports environment (1) definition of consumers audience and marketing segmentation (2) licensing and price strategies of sports marketing (3) specificity of marketing sponsorship (4), etc. The real life examples, besides, make the study extremely valuable to a critical reader. Mulin et al, 2000, focuses on development and management of all-round marketing strategy in sports that includes advertising and promotion, licensing, branding, broadcasting etc.Unfortunately, the study also defines the fundamentals of sports marketing in general, while the paradigm of Olympic marketing re importants completely unexamined. Pelsmacker et al, 2001 examines the field of marketing communication. This comprehensive study covers establishment of marketing relationships between companies and embodied sponsors, development of PR and advertising program, provision of effective marketing management. Though the research doesnt examine the field of sports marketing, the authors provide a fundamental theoretical fashion model applicable for the further analysis of Olympic marketing.Brad Wise (Wise, 1997) gives an overview of Olympic marketing in his monograph Sports marketing rules of the game and strategies for success. The author describes the m ain tendencies of commercialization in sports and analyzes general principles of sports marketing. Though the book is valuable to general apprehension of marketing in sports, its contribution in understanding of Olympic marketing is insufficient. Shank, 1999, defines future perspectives of marketing in sports, summarized in his recent book Sports marketing a strategic perspective.The author defines positive and invalidating impacts of marketing relationships in sports and discusses major tendencies of sports and commerce co-existence. Shank, 1999, also focuses on advertising, promotion and sponsorship in a global sports. The primary accent, however, is made rather on commercialization of sports in general, while the marketing profile of Olympic Games remain underexamined. McDonald, 1999 analyzes the recent case studies of sports marketing, also including the most peculiar specimens of Olympic marketing.The author focuses on 2002 Olympic Winter Games in Salt Lake City in the chapte r Lake City 2002 Winter Olympic Games the prevention of ambush marketing. Though the contribution of the author is sufficient, he didnt analyze the implicit aspects of Olympic marketing providing, instead, the overview of its most explicit manifestations. Shilbury, 1998 devoted his research to the economic aspects of sports marketing, the Olympic marketing as well lacks its comprehensive analysis. Pemberton, 1997 analyzes fundamentals of sports marketing on his own experience.The study incorporates the aspects of establishment and maintenance of cooperation between sports and sponsoring companies and their reciprocal revenues. Though the author provides easy-to-understand, step-by-step explanation of sports as a multibillion business, he focuses on the American sports events. Olympic marketing remains out of the field of authors researches as well. Theres also a list of work dedicated directly to the Olympic Movement that uncover the fundamentals of Olympic marketing. R.Mandell, 19 76, critically analyzes the first Olympic Games of modernity in his book The First Modern Olympics. The author uncovers marketing aspects of the Games, discusses private and corporate sponsorship, sources of Games revenues, philatelic program, etc. This information is necessary to understand the making of modern Olympic marketing in historic perspective. F. Landry (Landry et al, 1996) summarizes the major achievements of the IOC (also including its financial achievements) in her study dedicated to the centenarian anniversary of the Olympic Games.The study serves a comprehensive guide through the marketing history of the IOC, its major decisions and innovations. This research complicates the theoretical premises of sports marketing presented in the previous studies. J. Lucas, 1980, analyzed Olympic Games and related phenomena, also including marketing, in his research The Modern Olympic Games. Though the book contains valuable information concerning the problem, the analysis is much outdated. Nevertheless, suggested data is important for the analysis of Olympic marketing in historical perspective. D.Wallechinsky, 1984 analyzes Olympic marketing in his The Complete Book of the Olympics. The primary drawback of the research is still out-of-date information. H. Preuss, 2000 provides a comprehensive analysis of Olympic Games economics. A longitudinal research cover version almost thirty years of Olympic history since 1972 to 2000, remains plainly the most reliable and all-round analysis of Olympic marketing. The author analyzes all characteristics pertaining to Olympic marketing, defines peculiarities of marketing in Olympic sphere, suggests comprehensive statistical data.At the same time, development of marketing relationships in pre-1972 era is underexamined in the study. Research articles Theres a number of articles examining the problem of sports marketing in general, and Olympic marketing in particular. Marshall et al, 1992 develops the idea of corporate s ponsorship in sports. The author analyzes implicit relationships between the organizers and sponsors, as well as their profits, evaluates the assets of corporate sponsorship in sports. The article, however, doesnt deal with the Olympic marketing directly, that reduces its value for the present research.Sandler et al, 1989, describes Olympic marketing in his article Olympic sponsorship vs. ambush marketing who gets the gold? . This comprehensive analysis, however, is also much out-of-dated by now. Stotlar, 1993 develops the idea of marketing relationships in Winter Olympics. The author focuses on the idea of corporate sponsorship of the Games that is important for making overall conclusions regarding the role of marketing in staging and safekeeping the Games. Several articles are dedicated to the particular aspects of Olympic marketing. Busby, 1997, analyzes media sponsorship of the sports.The author focuses in broadcasting policies, rights fees and coverage of the sports events as well as the role of broadcasting in sports development. More broad definition of Olympic marketing in the aspect of licensing is provided in the Crabb and Ji article The Olympic Movement the Games and Olympic IPR. The research suggests all-round information concerning the organizing and staging of the Games, main challenges of host cities, and immenseness of Intellectual Property to the Olympic Movement. The research of T. Atobelli (Atobelli, 1997) is dedicated to the analysis of Olympic marketing program in Sydney.Though the article was written two years prior to the Games, the author has managed to define the main strategies of Sydneys marketing policy in the aspect of financing and peculiarities of its implementation. As a result, he introduced the nitty-gritty of Olympic marketing to the readers Batcha, 1998, undertook a critical approach to Olympic marketing. The author developed the idea of multiple malversations in sports marketing. Batcha, 1998, believes, that sponsors hav e dour to be the real competitors of the Olympic events instead of sportsmen.The author states that growing commercialization of the Games has made a serious influence of equity and impartiality of the Olympic Movement. Greek researcher Papandropoulos (Papandropoulos, 2004), instead, believes in a necessity of Olympic marketing in a global perspective. The author provides necessary statistical data concerning staging of 2004 Games in Athens and also defines most important historical landmarks of Olympic marketing and their influence on Games development. The author describes the roots of Olympism and sources of its financial supports changing throughout the times.Papandropoulos, 2004 analyzes Olympic sponsorship as a serious source of Games funding. This information is vital for the general analysis of Athens 2004 marketing plan. on-line reports and researches Internet reports and documents also provide important information about Olympic marketing. One of the most comprehensive st udies is a commemorative report of the worldwide Olympic Committee dedicated to the history and presence of Olympic movement (The Olympic Movement, 1997). The research grants a reader with all-round evaluation of Olympic marketing, its development and future prospects.The paper also provides a quantitative and qualitative analysis of the Olympic marketing that, unfortunately, is now outdated in many aspects. Some principles of Olympic marketing are also described in the Olympic Charter the formal Constitution of the International Olympic Committee. untold information concerning fundamentals of Olympic marketing is accessible on the official site of the International Olympic Committee. The site provides an excurse into the past of Olympic marketing, mentions primaeval dates of its making as well as most important innovations.Forasmuch as the site is being permanently updated, it grants most recent and reliable information concerning the revenues, distributions and expenditures o f Olympic Movement. The site also proposes a number of quantitative data concerning financial revenues of the Committee. Presented charts offer comparative analysis of marketing revenues growth. Unfortunately, most information is accessible only in a tabloid form that is equal to apprehend the overall idea of Olympic marketing at the same time, the data is insufficient for a comprehensive analytical research.The international Olympic Committee issues a air dedicated to Olympic Marketing. Marketing matters bulletin is accessible on the official site of the Olympic Committee and could be regarded as a most complete and reliable source concerning past, present, and future of Olympic marketing. The bulletin, besides, provides the reports of IOCs Marketing Commission and Organizing Committees of the Games functioning. The most recent qualitative-quantitative data covering marketing plans of 2004 Games in Athens and 2008 Games in Beijing is also available in the bulletin.
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