Tuesday, March 15, 2016

WORKSHOP REPORT

Workshop on
DEVELOPMENT OF ENVIRONMENTAL LAW CURRICULUM FOR BUSINESS

Guwahati, India;  17-18 Sept, 2015

 WORKSHOP REPORT

 Venue
 Indian Institute of Entrepreneurship
 Near Game Village, Lalmati,
Guwahati, Assam 781029
 Organised by
Indian Institute of Management Kashipur
Bazpur Road, Kashipur 244723, Uttarakhand
Tel: 05947-262211, 262177 Fax: 05947-262178

In partnership with
National Institute of Technology, Silchar
Silchar-788010, Assam, India
Tel: 03842-240055



ENVIRONMENTAL ASSESSMENT CAPACITY BUILDING IN SOUTH ASIA 

The challenge of environmental management and regulation is immense in a country as large and diverse as India. Over the years the legislative framework addressing environmental management has evolved, with the enactment of the Environment Protection Act 1986, which is an umbrella act encompassing air, water, land and natural resources management. The framework is completed through various Policies, Acts Notifications and Regulations/Rules. As a result, India has a credible policy and legislative base to foster environmental sustainability. However gaps are evident in the institutional mechanisms - primarily in enforcement and compliance and the operationalization has not been as effective or at par with the evolution of legislation and policy.

However, there is a strong need to build capacities of key stakeholders on EA in India. These stakeholders include regulators, policy planners, project proponents, consultants, contractors, investors, environmental NGOs, research and academia. Building of capacities should essentially address the stakeholder "ecosystem". Importantly all these efforts need to be carried out on a sustained and strategic basis.

In response to The World Bank’s call to develop a sustainable green management stream within PGP, IIM Kashipur is now running a pilot program to systematically address the dearth of environment management skills in India by offering specialized environment management courses, short term training and undertaking case studies. In order to develop curriculum, elective courses and training modules for specific target groups IIM Kashipur, in partnership with NIT Silchar is organizing this workshops on thematic area of Environmental Law.

The overall vision is to develop the IIM Kashipur as a Regional Centre of Excellence for EA and to expand the program to other countries in South Asia subject to successful completion of the activities in Phase I (2014-2016) and availability of support from the World Bank and the Government of India.

INDIAN INSTITUTE OF MANAGEMENT KASHIPUR

IIM Kashipur is set up with the objective of imparting quality management education while sensitizing students towards the needs of the society. The institute offers Post Graduate Programme in Management (PGPM), a two year full time residential programme. The institute also offers Executive Post Graduate Programme in Management (EPGPM), an intensive two year post graduate programme in management, especially designed for working professionals. At the doctoral level the institute runs Fellow Programmes in Management (FPM) and Executive Fellow Programme in Management (EFPM) equivalent to PhD. 

Encompassed by lush green fields, IIM Kashipur campus provides an ambience of tranquillity which helps the young minds in generating bright ideas while the state-of-the-art infrastructure smoothens the implementation. The Institute has modernized classrooms equipped with all the facilities to prepare the students to be the leaders of tomorrow. The audio-visual aids enhance the learning experience.

The Center of Excellence on Public Policy and Government (COEPPG) at the institute as platform to serve as a bridge between policymakers, government agencies, civil society, industry and academia by supporting scholarly research, public policy and administration training programs, and other capacity building activities at the intersection of government and society addressing some of the most important public policy and governance issues.

DEVELOPMENT OF ENVIRONMENTAL LAW CURRICULUM FOR BUSINESS
Environmental law and Regulations cut across multiple themes. Although compliance requirements such as clearance, consent etc. under various laws / regulations are independent of one another, prior to commencement of specified industries/developmental activities, all the requirements have to be met. As such, there is a need for industry and business persons as well as regulators to understand the requirements under all the applicable laws. It is also necessary for them to appreciate relevant court verdicts since non-compliance could invite court intervention.

This training cum curriculum development workshop seeks to familiarize environmental regulators with all the principal legislations, important subordinate legislation and relevant court rulings. The context is their interface with industry and business. Curriculum and training material developed in this workshop and suitably updated from time to time would form the basis for training workshops in future.

OBJECTIVES

The principal objective of this workshop is to provide a platform for exchange of knowledge, ideas & learning experience among the environmental experts, forest officials, regulators and the academics. The workshop will also be used to identify emerging areas of regulatory concerns of the industry in order to validate a standard curriculum, training modules for specific target groups like regulators, management students and executive trainees. Input from the workshop will be used to validate the design of a modular training program on Environmental Law.

THEMES

·         National  Environmental Policy
·         Environmental protection and Interface with Industry
·         Forest Conservation, Wildlife Protection and Biodiversity Conservation
·         Pollution – Air, Water;  Hazardous Chemicals and Waste  Management
·         The National Green Tribunal – mandate and  powers


PARTICIPANTS

The main target participants were experts, officials of regulatory bodies, government departments, forest officials. In addition, researchers, academics, business leaders and environmental NGOs also participated at the workshop. The workshop which was held at the Indian Institute of Engineers (IIE), Guwahati on 17-18 September 2015 was attended by delegates particularly from North-eastern states of India. The state governments of the region deputed senior officials who had practical experience in the field of environment and forest regulation. Academics from IIM Kashipur and other institutions as well as independent experts too part in the workshop to bring in the pedagogic perspectives on curriculum development in management /legal education. In addition, the invited resource persons (See Annexure- 2) addressed the workshop on specific themes and their presentations included:

·         A brief description of the environmental regulation and legal processes prevailing in the country;
·         A review of methodologies used for regulating and monitoring environmental standards;
·         Current problems and possible situations that may lead to innovations in curriculum development to cope with new requirements from the world of industry and business;
·         Future trends and issues in this field.
These presentations formed the basis of discussions of various topics so far evolved to be part of any environmental law curriculum and the benefits derived from the workshop interactions were envisaged to provide quality training under the proposed Green MBA specialisation program at IIM Kashipur. As a result of these discussions, various issues were raised with a view to optimizing the delivery under the existing MBA level program. Solutions were suggested to assist the sectors represented and for the benefit of the future leaders of industry. Recommendations have been made for future orientations and development of curricula for a variety of training needs in management education.

A special aspect of the workshop was the participation of a number of law students from post-graduate level in order that the process of curriculum development be optimized to meet the ‘legal’ professionals’ needs who will ultimately work with the business head in corporate law arena. It is hoped that the experience of the participants reflected at the workshop, along with the comments, recommended themes, will help IIM Kashipur in developing their own strategies for the improvement of management education vis-à-vis capacity building for the industry. It is proposed to follow-up this workshop with the first pilot-batch of PGP students who will opt for this course under their PG Program in Management (2014-16 batch). A list of participants is attached as Annexure- 1.

CURRICULUM DEVELOPMENT: THEORITICAL POSTULATES

Although, the theoretical debate continues, it has been generally agreed that Curriculum should be seen as an overall plan for instruction. It consists of a statement of aims and objectives, of content in terms of theoretical knowledge, practical skills to be acquired, attitude towards work and necessary support materials to be used in its presentation. Curriculum Development has long been regarded as a core-component of Legal or Management Education and Training.

In the history of legal education and curriculum development, a systematic approach to curriculum development is relatively recent. Due to lack of resources, experience and traditions, there have been certain tendencies in some developing countries simply to copy existing Curriculum materials from industrialised nations without proper adaptation to the local situation and needs, which has often proved to be inappropriate and expensive.

During the past decade, there has been a growing awareness of the need to bring greater innovation to the process of curriculum development in technical and vocational education to cope with the changing requirements for employment created by rapid socio-economic and technological developments. Indian higher education institutions like Indian Institute of Management (IIMs have been active in the field of Management Education for many decades now and they are considered to be the centres of excellence. As the World Bank’s Project on Environmental Assessment Capacity Building in South Asia aimed at developing and augmenting the Post Graduate Program in Management at IIM Kashipur with environmental management courses (“Green MBA”), the project team is focusing on the exchange of information, the establishment of a network of participating institutions, stakeholders, and facilitating co-operation of high-level specialists at the national, regional and international levels. This workshop is a part of the curriculum development activity to offer a course on environmental Law, Regulation and Policy

Preparing managers for the realities of corporate world today is a responsibility shared by many different groups of people both inside and outside the education sector. All are aware that it is vital to ensure that the young managers gain the best possible academic and professional qualifications, in order to provide them with a realistic chance of succeeding in today's highly competitive job market. The quality of training provided should be judged above all by its impact or potential impact - on their practice. New approaches of effective training and new strategies in their implementation have been developed during the past many years in improving the quality of training imparted. The aim of the training process is to help the development of competencies to carry out various industrial operations effectively and competently. This is achieved through careful implementation of well-developed Curriculum.

The word Curriculum has the meaning of educational path and describes the learning process in a much more comprehensive and complex fashion than is possible with Plans of learning content or learning material. These days, curriculum development is expected to be increasingly more oriented towards the learner - the student/trainee and his learning process than towards the content of learning. Unfortunately, there is no precise definition of just what a Curriculum is? The increasing amount of research and literature in this field has been accompanied by an increasing fuzziness in the term "curriculum". For this reason, one adopts the term curriculum instead of teaching plan. In such an approach, not only teaching material and its organisation are analyzed, but also several interconnected areas of curricular decision-making, namely the goals, subjects and organisation of learning are stressed and new comprehensive trades researched.

A curriculum, in contrast, provides information on the following aspects of learning:

-          At whom is the educational processes aimed ?
-          What goals and qualifications are to be achieved ?
-          What contents are to be learned ?
-          What teaching methods and aids are to be used ?
-          How is the result to be tested ?

EFFECTIVENESS OF CURRICULUM

The effectiveness of a training system, dependant on a well-developed curriculum, must be measured by the extent to which:

-          it is able to attract the young generation into the occupation of the future and skills which employers need
-          it is able to deliver not only technical contents (technical skills) but also help students to learn how to cope with new challenges (coping skills) and prepare them for lifelong learning
-          it is able to provide people with the basic set of skills it takes to transfer from one job or area of work to another, once they have entered the workforce and
-          it offers open access to all without the constraints of entry requirements.

MODELS OF CURRICULUM DEVELOPMENT

Curriculum developed for management education should not only meet the goals and objectives of training but also be implemented effectively. There have been a variety of models that have been tried in the past and hence curriculum development has either been in the subjective or objective mode. But recently the trainers and educationalists have developed competency based curriculum which can be implemented using multi-media educational resources that have now become available. Such an approach allows open entry/open exit philosophy of Curriculum implementation to be adopted to allow the trainees to learn at one's own pace in the most flexible way.

In the competency-based individualised and multimedia curriculum development, the subject matter has been divided into modules. The modules are studied through workstations. The Learning process is student-centred and not teacher-centred. The modules are sub-divided into learning elements.

These are learnt by carrying out tasks which help to acquire employable skills. This approach of curriculum development, obviously, assumes the availability of resources for its implementation. Is it always true - remains to be verified? The industrialised nations can afford such a capital investment but it may be a problem for the developing countries.

CURRICULUM DEVELOPMENT, IMPLEMENTATION AND EVALUATION

Experience of implementation of comprehensive, long-term curricula has shown that the people who develop them are not the people who put them into practice. This often leads to misunderstanding and suspicion. People who are engaged in the development area are often accused by "practitioners" of understanding nothing about the practical aspects and of drawing up totally impracticable plans. In contrast, the practitioners are often accused of being hostile to reform, ignorant of theory and incapable of new sights into practice. In reality, such accusations have a grain of truth to them. Everywhere we can observe remoteness from practice on the one hand and unfamiliarity with theory on the other. For this reason, attempts have been made to develop models in which the strict division between imposition and execution is abolished.

The problems in curriculum development can be divided into two sections. One section represents problems involved with the explanation and justification of the goals and contents of learning and the other the areas of execution and evaluation of educational measures. The problem complexes can now be displayed in sequence. The individual stages of curriculum development can be labelled roughly as follows:

Situation analysis
-          orientation towards the learners and their needs, previous education, aptitude, employment opportunities (social demand approach), orientation towards social needs, such as need for qualified skilled professionals, regional development (manpower approach).
Main considerations:
-          who is the curriculum aimed at?
-          what individual and social needs are to be met?
Preconditions
-          establishment of training level, tests, final examinations,
-          gaining of (state) recognition and eligibility for financial support,
-          relating of the particular curriculum, to the educational system as a whole.
Main considerations:
-          how can general recognition of and support for the training be secured?
-          can the planned course be fitted in as a "building block" within a comprehensive educational system?
Didactic analysis
-          selection and justification of contents, determination of what specialised scientific and technological fields should be taken into consideration, choice of a didactic starting point.
Main considerations:
-          which of the justified contents are to be learned?
-          what point of entry will provide good access to the contents'!
Goals of learning and training
-          formulation of objectives and qualifications,
-          assignment to areas of learning, levels of objectives and training levels,
-          arrangement of objectives.
Main considerations:
-          what goals, abilities, attitudes and skills is the curriculum to impart?
-          how can the objectives be ranked and arranged?

In the fourth problem-area the two circles intersect. Having been justified, the curriculum now passes to the stage of implementation and of evaluation in practice. The point of departure is orientation towards objectives and the contents embedded within them. This is followed by:

Organisation of learning and training
-          creation of learning segments,
-          establishment of method plans and media plans,
-          working out of a timetable (for days and weeks).
Main considerations:
-          how can the objectives and contents be structured into learning and time units?
-          what methods and media can be used to help the learning process move forward towards the goals?
Teaching and learning process
This position describes the implementation of the Curriculum:
- the teaching (training) is carried out,
- the course takes place.

Evaluation
-          the leaning process is tested,
-          the effectiveness of the way in which the Curriculum has been carried out is tested, the conformity of content and goals is tested.
Main considerations:
-          in what ways has the curriculum been successful?
-          to what can deficiencies in the results of the training be attributed?
-          to the way the curriculum is designed?
-          To the way it was carried out?
-          To the students?

It can thus be seen that evaluation is not confined to testing of the students, but also applies to possible faults in the planning or implementation of the Curriculum. This stimulates continual revision of the learning programme. In conclusion, it should be noted that the above remarks are an attempt to represent and classify the complicated business of educational planning and implementation in simplified form by using a two-circle model.

OUTCOMES
  
1.      The Workshop reviewed and analysed the existing practices in the design, implementation and evaluation of curriculum, particularly in the development of competency-based curriculum, in the field of technical and vocational education and training facilitating the exchange of experiences among the participating countries.
2.      The Workshop identified some common trends and successful practices, based on the experiences revealed in the participants' discussion papers and their deliberations, which will be disseminated through the workshop report to faculties participating in the present project.


Dr. Kishor Chandra Satpathy
         MA, MLIS, PGDLAN, PhD, Mortenson Associate, UIUC, USA
Librarian & Organising Secretary, WNL 2015
National Institute of Technology
(Institute of National Importance under Ministry of HRD, GOI)
Silchar-788010, Assam, India
Tel: +91-3842-240055 (Off) +91-9435175531 (M)
E-mail:  ksatpathy@gmail.com 

Friday, September 25, 2015

RESOURCE PERSONS

LIST OF RESOURCE PERSONS

Session -1: National Environmental Policy
Dr V Rajagopalan, IAS (Retd)
Session-2:  Environmental protection and Interface with Industry
Dr A K Goswami
Dr S U Choudhary
Session – 3:  Forest Conservation, Wildlife Protection and Biodiversity Conservation
1. Sri Abhay K Johari, IFS
2. Dr. A.H.Khan IFS (Retd.)
Session - 4:  Pollution – Air, Water;  Hazardous Chemicals and Waste  Management
1. Dr Partha J Das
2. Sri N Luikham, IFS
3. Dr Mohammad Jawed
Session 5 : Law Relating to Securing Environment Clearance in India; National Green Tribunal & International Conventions
1. Dr Rudra Mani Dubey, IFS
2. Mr. M B K Reddy, IFS


Programme Schedule

Inaugural Session:

a.                  Welcome Remarks:
Prof Baharul Islam, Program Director, The World Bank Project
b.         Workshop Overview by Lead Resource Person:
Dr V Rajagopalan, IAS (Retd), Former Environment Secretary, Govt. of India.
c.         Address  of Chief Guest:
            Sri Manoj K Das, Director, Indian Institute of Entrepreneurship Guwahati

Session 1: National  Environmental Policy

Resource Persons / Speakers:
·         Dr V Rajagopalan, IAS (Retd)

Topics:
a.                  Background to 2006 Policy – constitutional mandate
b.                  Key Challenges, Causes and Impacts
c.                   Objectives
d.                  Principles
e.                  Strategies and Actions
Regulatory reforms, Enhancing and Conserving Environmental Resources, Environmental Standards, Clean Technologies and Innovation, Environmental Awareness, Education and Information, Partnerships and Stakeholder Involvement, Capacity Building, Research and Development, International Cooperation, Review of the Policy and Implementation


Session 2:  Environmental protection and Interface with Industry

Resource Persons / Speakers:
·         Dr A K Goswami, former Director ASTEC and Member SEIAA
·         Dr S U Choudhary, IFS,  DCF, Govt of Assam
Topics:
a.                  Background to EP Act, Constitutional Mandate
b.                  Salient Features, power to set up authorities, issue directions, industry specific discharge/emission standards
c.                   Principal subordinate legislation – EC and CRZ notifications – online processing, public hearing
d.                  Coal transportation, waste management, etc
e.                  Eco-sensitive zones
Session 3:  Forest Conservation, Wildlife Protection and Biodiversity Conservation

Resource Persons / Speakers:

·         Sri Abhay K Johari, IFS
·         Dr. A.H.Khan IFS (Retd.)
Topics:

a.      Background to FC Act,1980
b.      Salient Features of FC Act and Indian Forest Act
c.       Online FC system
d.      Background to WP Act,1972
e.      Salient Features, Protected Areas, CITES obligations
f.        Convention on Biodiversity and enactment of National Biodiversity Act
g.      Salient Features, National Biodiversity Authority, Access and Benefit Sharing
h.      Cartegena and Nagoya Protocols

Session 4:  Pollution – Air, Water; Hazardous Chemicals and Waste Management

Resource Persons / Speakers:
·         Dr Mohammad Jawed, Professor, IIT Guwahati
Topics:
a.      Hazardous Chemicals – manufacture, handling and storage - notification, obligations of Occupiers
b.      Waste Management -  Notifications;  Prescribed Authority, Authorisation/Registration  requirements;   
Session 5 : Law Relating to Securing Environment

Resource Persons / Speakers:
·         Dr Rudra Mani Dubey, IFS
·         Mr M B K Reddy, IFS
Topics:

a.      The National Green Tribunal – mandate, powers;
b.      International Conventions, discharge of obligations
c.       UNCCC,CBD, Basel,  Rotterdam, Stockholm, etc  - ratified/aceeded  to – domestic action
d.      Protocols – ratified/acceded  to – Kyoto, Nagoya, Cartegena;  domestic action
e.      Climate Change Convention – impact on different sectors;    domestic action ;
Concluding Session:

a.      Feedback from participants
b.      Closing Comments from Program Director
c.       Address by Guest of Honour: Dr Zakir Hussain, Director, NEF Law College, Guwahati
d.      Address by the Chief Guest: Sri Manoj K Das, Director, IIE, Guwahati


LIST OF PARTICIPANTS

LIST OF PARTICIPANTS
 ENV LAW WORKSHOP AT GUWAHATI
17-18 Sep 2015, VENUE: IIE GUWAHATI


Org/ State
Name
Designation
1
Pollution Control Board,Assam
Ms. Mousumi Bardalai
Sr.Env.Engineer
2
Pollution Control Board,Assam
Ms. Shaista Akhtar
Asstt.Manager
3
 Biodiversity Board, Meghalaya
Shri D Sathiyan
IFS & Member Secretary
4
Pollution Control Board, Meghalaya
Smti. A D Synrem
Law Officer
5
Pollution Control Board, Meghalaya
Smti. D Syiemlieh
Asst. Environmental Engineer
6
Forest Department, Assam
Sri S Ahmed
IFS
7
Forest Department, Assam
Dr Vinay Gupta
IFS
8
Forest Department, Assam
Sri Hirdesh Mishra
IFS
9
Polluction Control Board, Tripura
Sri Debashis Chakraborty
IFS & Member Secretary
10
Polluction Control Board, Tripura
Dr. Mihir K Das
Scientist
11
Sikkim Central University
Dr. Sohel Firdos
Associate Processor
12
Directorate of Environment, Manipur
Dr. M Homeshwara Singh
Director
13
Directorate of Environment, Manipur
Dr. T Brajkumar Singh
Research Officer
14
Assam Engineering College
Dr Bipul Talukdar
Associate Professor of Civil Engineering
15
Tripura Government Law College
Papri Debbarma
Assistant Professor
16
Tripura Government Law College
Maitreyee Chakrabarty
Assistant Professor
17
Forest Department, Manipur
Akham Bonbirdhwaja Singh
IFS
18
Dibrugarh University
Himangshu Bailung
Researcher
19
Directorate of Environment, Manipur
Vivekanand Sharma
Data Analayst
20
Directorate of Environment, Manipur
Th. Bhogen Singh
Junior Scientific Officer
21
IIE, Guwahati
Rimakshi Choudhary
Project Co-ordinator
22
IIE, Guwahati
Anasuya Mahanta
Project Co-ordinator
23
IIE, Guwahati
Pranjal Baruah
Project Co-ordinator
24
Aaranyak
Ajay Kumar Das
Associate Lawyer
25
Jhai Foundation, Guwahati
Abdul Kalam Azad
Member
26
Center of Environment, IIT Guwahati
Somnath Chanda
Phd Scholar
27
NEF Law College, Guwahati
Zubeir Rahman
Pursuing Law
28
NEF Law College, Guwahati
Epi Kapu
Pursuing Law
29
NEF Law College, Guwahati
Neelam Yaje
Pursuing Law
30
NEF Law College, Guwahati
Nadia Nasser Ahmad
Pursuing Law
31
NEF Law College, Guwahati
Janet Nampui
Pursuing Law
32
NEF Law College, Guwahati
Aijingsuklang Kharrngi
Pursuing Law
33
NEF Law College, Guwahati
Nazafi Amin
Pursuing Law
34
NEF Law College, Guwahati
Marphy Hiloidhary
Pursuing Law
35
NEF Law College, Guwahati
Bhaswati Barman
Pursuing Law
36
NEF Law College, Guwahati
Matilda Murmu
Pursuing Law
37
NEF Law College, Guwahati
Phurailatpam Bebecha Sharma
Pursuing Law
38
NEF Law College, Guwahati
Naorem Prista Devi
Pursuing Law
39
NEF Law College, Guwahati
Timidis Pakem
Pursuing Law
40
TISS, Guwahati
Akshay Jain
Volunteer
41
TISS, Guwahati
Samuel Tamang
Volunteer
42
TISS, Guwahati
Lianzaw Manglaljoy Zou
Volunteer