INTRODUCTION
INTRODUCTION
Environment is cradle of life. It is a basic human need and a finite life support Environment is cradle of life. It is a basic human need and a finite life support system. To protect this, one needs a stringent enforcement system meant for its system. To protect this, one needs a stringent enforcement system meant for its conservation, sanitati
conservation, sanitation and supply. Environmental laws are meant to on and supply. Environmental laws are meant to set standardsset standards for what people and institutions must do to control or prevent environmental for what people and institutions must do to control or prevent environmental pollution. After enactment it
pollution. After enactment it becomes the becomes the job of job of the central the central and state governmentsand state governments to make sure that those who are subject to these environmental protection laws to make sure that those who are subject to these environmental protection laws know what they must do to comply. The primary role of the central and state know what they must do to comply. The primary role of the central and state Pollution Control Boards is the enforcement of the Environmental Protection Act Pollution Control Boards is the enforcement of the Environmental Protection Act (EPA) and its
(EPA) and its constituent statutory frameworconstituent statutory framework.k.
The Indian Constitution recognises the basic fundamental right of its citizens; the The Indian Constitution recognises the basic fundamental right of its citizens; the right to a clean and healthy environment. Article 21 of the constitution insists that right to a clean and healthy environment. Article 21 of the constitution insists that no person shall be deprived of his/her life or personal liberty except according to no person shall be deprived of his/her life or personal liberty except according to the procedure laid down by the law. The Supreme Court of India in the case of the procedure laid down by the law. The Supreme Court of India in the case of Subhas v. State of Bihar
Subhas v. State of Bihar held that the right to environment is a fundamental right of held that the right to environment is a fundamental right of every citizen in India as included in
every citizen in India as included in the right to live. The ruling states that the the right to live. The ruling states that the StateState has the responsibility to protect the environment as laid down under the Article has the responsibility to protect the environment as laid down under the Article 51-A(g) of
A(g) of the Constitution of Ithe Constitution of India. In this case the Supremndia. In this case the Supreme Court underscores te Court underscores thehe fact that environmental rights indeed are human rights and they constitute fact that environmental rights indeed are human rights and they constitute everything from civil, political, economic, and social rights of people and everything from civil, political, economic, and social rights of people and communities in general and this link is inseperable.
WHAT IS POLLUTION WHAT IS POLLUTION
Pollution
Pollution is the introduction of contaminants into a natural environment thatis the introduction of contaminants into a natural environment that
causes
causes instability, disorder, instability, disorder, harm harm or or discomfort to discomfort to the the ecosystem ecosystem i.e. i.e. physicalphysical systems
systems or or living living organisms. organisms. Pollution Pollution can can take take the the form form of of chemicalchemical substances or energy, such as noise, heat or light. Pollutants, the components of substances or energy, such as noise, heat or light. Pollutants, the components of pollution,
pollution, can can be be either either foreign foreign substances/substances/energies energies or or naturally naturally occurringoccurring contaminants.
contaminants. Pollution Pollution is is often often classed classed as as point point source source or or nonpoint nonpoint sourcesource pollution.
pollution.
The most appropriate definition of environmental pollution would be the The most appropriate definition of environmental pollution would be the introduction of different harmful pollutants into certain
introduction of different harmful pollutants into certain environment that make thisenvironment that make this environment unhealthy to live in. The most common pollutants are usually environment unhealthy to live in. The most common pollutants are usually chemicals, garbage, and waste water. Environmental pollution is happening in chemicals, garbage, and waste water. Environmental pollution is happening in many parts of the world, especially in form of air and water pollution. The best many parts of the world, especially in form of air and water pollution. The best examples for air pollution are some of China's cities, including capital Beijing, and examples for air pollution are some of China's cities, including capital Beijing, and the best example for water pollution is India with its Ganges river pollution the best example for water pollution is India with its Ganges river pollution problem.
problem.
Globally speaking environmental pollution problem is much bigger than we think Globally speaking environmental pollution problem is much bigger than we think it is, even in many our cities there are problems with dirty air, or sound pollution it is, even in many our cities there are problems with dirty air, or sound pollution from traffic and different other disturbing noises. The most severe environmental from traffic and different other disturbing noises. The most severe environmental pollution is
pollution is happening in developing happening in developing countries of the countries of the third world because third world because not onlynot only to they lack any form of sustainable management but they also lack even the basic to they lack any form of sustainable management but they also lack even the basic sanitation so you can imagine how bad the environmental condition in these sanitation so you can imagine how bad the environmental condition in these countries.
countries.
Many developed countries have introduced certain laws to not only regulate Many developed countries have introduced certain laws to not only regulate various types of pollution but also the laws to mitigate the adverse effects of various types of pollution but also the laws to mitigate the adverse effects of
pollution. Pollution levels need to be
pollution. Pollution levels need to be controlled all the time if we want controlled all the time if we want to keep our to keep our environment safe and healthy. Without proper pollution control environment soon environment safe and healthy. Without proper pollution control environment soon becomes unhealthy
becomes unhealthy. Preventing introd. Preventing introduction of pollutants inuction of pollutants into some environmto some environment isent is the best way to protect environment from pollution. To do so it is important to the best way to protect environment from pollution. To do so it is important to develop ecological conscience of nearby communities, and effective waste develop ecological conscience of nearby communities, and effective waste management in form of recycling.
management in form of recycling.
TYPES AND CAUSES OF POLLUTION TYPES AND CAUSES OF POLLUTION
The increase in the pollution over the years by man has caused severe damage to The increase in the pollution over the years by man has caused severe damage to the earth‘s ecosystem. It is responsible for global warming which is leading to the the earth‘s ecosystem. It is responsible for global warming which is leading to the end if all the lives on earth. Over the years there is an extreme increase in the rate end if all the lives on earth. Over the years there is an extreme increase in the rate of human diseases, and death rate of various animals and plants on earth, and that of human diseases, and death rate of various animals and plants on earth, and that is all because of the pollution caused by man himself. The term pollution refers to is all because of the pollution caused by man himself. The term pollution refers to the act of contaminating ones environment by introducing certain hazardous the act of contaminating ones environment by introducing certain hazardous contaminants that disturb the ecosystem and directly or indirectly affect the living contaminants that disturb the ecosystem and directly or indirectly affect the living organisms of that ecosystem. Pollution in general is the activity of disturbing the organisms of that ecosystem. Pollution in general is the activity of disturbing the natural system and balance of an
natural system and balance of an environment.environment.
Following are some of the hazardous types of pollution affecting our lives: Following are some of the hazardous types of pollution affecting our lives:
Air Pollution Air Pollution
Air pollution is perhaps the most common and the most dangerous type of Air pollution is perhaps the most common and the most dangerous type of pollution.
pollution. It It involves involves the the direct direct release release of of chemicals chemicals into into the the environment. environment. TheThe chemicals then become the part of the air around us that all the living things take chemicals then become the part of the air around us that all the living things take in. The increase in the rate of diseases such as asthma and lung cancer today is due in. The increase in the rate of diseases such as asthma and lung cancer today is due
to the increase in the air pollution around us. Air pollution is also a cause of global to the increase in the air pollution around us. Air pollution is also a cause of global warming and acid rain.
warming and acid rain.
Chief causes of Air Pollution Chief causes of Air Pollution
Basically the air pollution is caused by the burning of fuel that directly releases Basically the air pollution is caused by the burning of fuel that directly releases hazardous chemicals into the air.
hazardous chemicals into the air.Smog hanging over cities is the most familiar andSmog hanging over cities is the most familiar and obvious form of air pollution. But there are different kinds of pollution
obvious form of air pollution. But there are different kinds of pollution
—
—
somesome visible, some invisiblevisible, some invisible
—
—
that contribute to global warming. Generally anythat contribute to global warming. Generally any substance that people introduce into the atmosphere that has damaging effects substance that people introduce into the atmosphere that has damaging effects on living things and the environment is considered air pollution.on living things and the environment is considered air pollution.
Carbon dioxide, a greenhouse gas, is the main pollutant that is warming Earth. Carbon dioxide, a greenhouse gas, is the main pollutant that is warming Earth. Though living things emit carbon dioxide when they breathe, carbon dioxide is Though living things emit carbon dioxide when they breathe, carbon dioxide is widely considered to be a pollutant when associated with cars, planes, power widely considered to be a pollutant when associated with cars, planes, power plants,
plants, and and other other human human activities activities that that involve involve the the burning burning of of fossil fossil fuels fuels suchsuch as gasoline and natural gas. In the past 150 years, such activities have pumped as gasoline and natural gas. In the past 150 years, such activities have pumped enough carbon dioxide into the
enough carbon dioxide into the atmosphere to raise its levels higher than they atmosphere to raise its levels higher than they havehave been
been for for hundreds hundreds of of thousands thousands of of years. years. Other Other greenhouse greenhouse gases gases includeinclude methane
methane — — which comes from such sources as swamps and gas emitted bywhich comes from such sources as swamps and gas emitted by livestock
livestock — — and chlorofluorocarbons (CFCs), which were used in refrigerants andand chlorofluorocarbons (CFCs), which were used in refrigerants and aerosol propellants until they were banned .
aerosol propellants until they were banned .
In 1987, M.C. Mehta successfully used Damages remedy in
In 1987, M.C. Mehta successfully used Damages remedy in M.C. Meh M.C. Mehta v Union of ta v Union of India
India in a Shri Oleum Gas leak Supreme Court ruled that casein a Shri Oleum Gas leak Supreme Court ruled that case Rylands v Rylands v FletcFletcher her down in affected by accident without any exception as laid the enterprise is strictly down in affected by accident without any exception as laid the enterprise is strictly liable to all those who are inherently dangerous activity e.g. toxic gases escape, liable to all those who are inherently dangerous activity e.g. toxic gases escape, when an industry is engaged in a hazardous or current problems fully.
Water Pollution Water Pollution
The 75% of the earth‘s surface is covered with water and more than half of the The 75% of the earth‘s surface is covered with water and more than half of the total population of earth‘s species resides in water.
total population of earth‘s species resides in water. Water pollution is a major Water pollution is a major global problem which requires ongoing evaluation and revision of water resource global problem which requires ongoing evaluation and revision of water resource policy at
policy at all all levels levels (internatio(international nal down down to to individual individual aquifers aquifers and and wells). wells). It It hashas been
been suggested that suggested that it it is is the the leading leading worldwide worldwide cause cause of of deaths deaths and and diseases, anddiseases, and that it accounts for the deaths of more than 14,000 people daily.
that it accounts for the deaths of more than 14,000 people daily. An estimated 700An estimated 700 million Indians have no access to a proper toilet, and 1,000 Indian children die of million Indians have no access to a proper toilet, and 1,000 Indian children die of diarrheal sickness every day. Moreover, our life greatly depends on water and life diarrheal sickness every day. Moreover, our life greatly depends on water and life without water is impossible. Water pollution not only affects the fish and animals without water is impossible. Water pollution not only affects the fish and animals living in the water but also affects the whole food chain by also transferring the living in the water but also affects the whole food chain by also transferring the contaminants to the consumers depending on
contaminants to the consumers depending on these animals.these animals.
Water used from a polluted lake directly contaminates its user. Many of the water Water used from a polluted lake directly contaminates its user. Many of the water creatures are on the verge of extinction due to the dramatic increase in the water creatures are on the verge of extinction due to the dramatic increase in the water pollution.
pollution. Water is typically referred to as polluted when it is impairedWater is typically referred to as polluted when it is impaired by
by anthropogenicanthropogeniccontaminants and either does not support a human use, suchcontaminants and either does not support a human use, such as
as drinking water drinking water ,, and/or undergoes a marked shift in its ability to support itsand/or undergoes a marked shift in its ability to support its constituent biotic communities, such as fish. Natural phenomena such constituent biotic communities, such as fish. Natural phenomena such as
as volcanoesvolcanoes,, algae bloomsalgae blooms,, storms, and earthquakes also cause major changes instorms, and earthquakes also cause major changes in water quality and the ecological status of
water quality and the ecological status of water.water.
Cause Of Water Pollution Cause Of Water Pollution
Water pollution is caused by the direct incorporation of hazardous pollutants. Water pollution is caused by the direct incorporation of hazardous pollutants. TheThe specific contaminants leading to pollution in water include a wide spectrum specific contaminants leading to pollution in water include a wide spectrum
of
of chemicals, chemicals, pathogens, pathogens, and and physical physical or or sensory sensory changes changes such such as as elevatedelevated temperature and discoloration. While many of the chemicals and substances that temperature and discoloration. While many of the chemicals and substances that are regulated may be naturally occurring (calcium, sodium, iron, manganese, etc.) are regulated may be naturally occurring (calcium, sodium, iron, manganese, etc.) the concentration is often the key in determining what is a natural component of the concentration is often the key in determining what is a natural component of water, and what is a contaminant. High concentrations of naturally occurring water, and what is a contaminant. High concentrations of naturally occurring substances can have negative impacts on aquatic
substances can have negative impacts on aquatic flora and fauna.flora and fauna. Many of the chemical substances are
Many of the chemical substances are toxictoxic.. Pathogens can producePathogens can produce waterbornewaterborne
diseases
diseases in either human or animal hosts. Alteration of water's physical chemistryin either human or animal hosts. Alteration of water's physical chemistry includes acidity (change in
includes acidity (change in pH pH)),,electrical conductivityelectrical conductivity,, temperature, andtemperature, and eutrophication.
eutrophication. EutrophicatEutrophication ion is is an an increase increase in in the the concentration concentration of of chemicalchemical nutrients in an ecosystem to an extent that increases in the primary productivity of nutrients in an ecosystem to an extent that increases in the primary productivity of the ecosystem. Depending on the degree of eutrophication, subsequent negative the ecosystem. Depending on the degree of eutrophication, subsequent negative environmental effects such as
environmental effects such as anoxiaanoxia (oxygen depletion) and severe reductions in(oxygen depletion) and severe reductions in water quality may occur, affecting fish and other ani
water quality may occur, affecting fish and other animal populations.mal populations.
Oxygen- depleting substances may be natural materials, such as plant matter (e.g. Oxygen- depleting substances may be natural materials, such as plant matter (e.g. leaves and grass) as well
leaves and grass) as well as man-made chemicals. Other natural and as man-made chemicals. Other natural and anthropogenianthropogenicc substances may cause turbidity (cloudiness) which blocks light and disrupts plant substances may cause turbidity (cloudiness) which blocks light and disrupts plant growth, and clogs the gills
Soil Pollution Soil Pollution
Soil pollution involves the contamination of soil by the release of harmful Soil pollution involves the contamination of soil by the release of harmful substances into the soil. Unlike air pollution, which has a direct affect on human substances into the soil. Unlike air pollution, which has a direct affect on human lives, soil pollution causes an indirect damage to humans and other animals. The lives, soil pollution causes an indirect damage to humans and other animals. The lives of all the living things depend on three sources: water, light and soil. The lives of all the living things depend on three sources: water, light and soil. The plants which
plants which are the are the producers of the producers of the food chain food chain take up take up their nutrients, which their nutrients, which areare essential for their living, from the soil.
essential for their living, from the soil.
The nutrients taken by the plants are then transferred to the consumers that depend The nutrients taken by the plants are then transferred to the consumers that depend on these plants.
on these plants. Hence a soil consisHence a soil consisting of contamting of contaminants will not only inants will not only affect theaffect the plants growing
plants growing on the soil but ion the soil but it will also int will also indirectly harm directly harm the entire food chain.the entire food chain.
Causes Of Soil Pollution Causes Of Soil Pollution
Soil pollution is mainly caused by the release of industrial waste. This waste is Soil pollution is mainly caused by the release of industrial waste. This waste is directly incorporated into the soil by large
directly incorporated into the soil by large industries and factories. Soil pollution isindustries and factories. Soil pollution is also caused by human acts
also caused by human acts as mining and deforestation etc.as mining and deforestation etc.
Soil pollution is a result of many activities and experiments done by mankind Soil pollution is a result of many activities and experiments done by mankind which end up contaminating the soil. Here are some of the leading soil pollution which end up contaminating the soil. Here are some of the leading soil pollution causes:
causes: 1.
1. Industrial wastes such as harmful gases and chemicals, agriculturalIndustrial wastes such as harmful gases and chemicals, agricultural pesticides, fertilizers and
pesticides, fertilizers and insecticides are insecticides are the most the most common causes common causes of of soil pollution.
soil pollution. 2.
2. Unfavorable and harmful Unfavorable and harmful irrigation practices.irrigation practices. 3.
4.
4. Improper septic system and management and maintenance of theImproper septic system and management and maintenance of the same.
same. 5.
5. Acid rains, when fumes released from industries get mixed with rains.Acid rains, when fumes released from industries get mixed with rains. 6.
6. Fuel leakages from automobiles, that get washed away due to rain andFuel leakages from automobiles, that get washed away due to rain and seep into the nearby soil.
seep into the nearby soil. 7.
7. Unhealthy waste management techniques, which are characterized byUnhealthy waste management techniques, which are characterized by release of sewage into the large dumping grounds and nearby streams release of sewage into the large dumping grounds and nearby streams or rivers.
or rivers.
Effects of Soil Pollution Effects of Soil Pollution
The effects of pollution on soil
The effects of pollution on soil are quite alarming and can are quite alarming and can cause huge disturbancescause huge disturbances in the ecological balance and health of living creatures on earth. Some of the most in the ecological balance and health of living creatures on earth. Some of the most serious
serious soil pollutionsoil pollution effects are:effects are: 1.
1. Decrease in soil fertility and therefore decrease in the soil yield. HowDecrease in soil fertility and therefore decrease in the soil yield. How can one expect contaminated soil to
can one expect contaminated soil to produce healthy crops.produce healthy crops. 2.
2. Loss of soil and natural nutrients present in it. Plants also would notLoss of soil and natural nutrients present in it. Plants also would not thrive in such soil, which would
thrive in such soil, which would further result in soil erosion.further result in soil erosion. 3.
3. Increase in salinity of the soil, which therefore makes it unfit for Increase in salinity of the soil, which therefore makes it unfit for vegetation, thus making it useless and barren.
vegetation, thus making it useless and barren. 4.
4. Disturbance in the balance of Disturbance in the balance of flora and fauna residing in the soil.flora and fauna residing in the soil. 5.
5. Generally crops cannot grow and flourish in polluted soil. Yet, if Generally crops cannot grow and flourish in polluted soil. Yet, if some crops manage to grow, they would be poisonous enough to some crops manage to grow, they would be poisonous enough to cause serious health problems in
6.
6. Foul smell due to industrial chemicals and gases might result inFoul smell due to industrial chemicals and gases might result in headaches, fatigue, nausea, etc., in many people.
headaches, fatigue, nausea, etc., in many people. 7.
7. Soil pollutants would bring in alteration in the soil structure, whichSoil pollutants would bring in alteration in the soil structure, which would lead to death of many essential organisms in it. This would also would lead to death of many essential organisms in it. This would also affect the larger predators and compel them to move to other places, affect the larger predators and compel them to move to other places, once they lose their
once they lose their food supply.food supply.
NOISE POLLUTION NOISE POLLUTION
Unlike other the above mentioned types of pollutions does not involve hazardous Unlike other the above mentioned types of pollutions does not involve hazardous chemicals or their incorporation into the environment, rather
chemicals or their incorporation into the environment, rather noise pollutionnoise pollution is theis the increase in the rate of
increase in the rate of noise in the environment.noise in the environment. Noise
Noise is is defined defined as as an an unpleasant unpleasant sound sound that that has has an an adverse adverse affect affect on on the the humanhuman ear.Noise can be extremely dangerous. And it is all around us. It penetrates into ear.Noise can be extremely dangerous. And it is all around us. It penetrates into human mind and controls it.Too much noise leads to severe psychological illness human mind and controls it.Too much noise leads to severe psychological illness and badly affects the behaviour.It leads to hypertension, stress, aggression and and badly affects the behaviour.It leads to hypertension, stress, aggression and annoyance. Moreover, it causes depression and forgetfulness. Noise pollution is annoyance. Moreover, it causes depression and forgetfulness. Noise pollution is excessive, displeasing human, animal, or machine
excessive, displeasing human, animal, or machine-created-created environmentaenvironmental l noisenoise thatthat disrupts the activity or balance of human or animal life. The word
disrupts the activity or balance of human or animal life. The word noisenoisemay bemay be from the Latin word
from the Latin word nauseasnauseas,, metaphorically meaning disgust or discomfort. Themetaphorically meaning disgust or discomfort. The source of most outdoor noise worldwide is mainly
source of most outdoor noise worldwide is mainly constructionconstruction andand transportationtransportation
systems
systems,, includingincluding motor vehiclemotor vehicle noise,noise, aircraft noiseaircraft noise,, andand rail noiserail noise.. Poor Poor urbanurban
planning
planning may give rise to noise pollution, since side-by-side industrial andmay give rise to noise pollution, since side-by-side industrial and residential buildings can result in noise pollution in the residential area.
residential buildings can result in noise pollution in the residential area.
High noise levels can contribute to cardiovascular effects in humans, a rise in High noise levels can contribute to cardiovascular effects in humans, a rise in blood
blood pressure, pressure, and and an an increase increase in in stress stress and and vasoconstricvasoconstriction, tion, and and an an increasedincreased incidence of coronary artery disease. In animals, noise can increase the risk of incidence of coronary artery disease. In animals, noise can increase the risk of
death by altering predator or prey detection and avoidance, interfere with death by altering predator or prey detection and avoidance, interfere with reproduction and navigation, and contribute to
reproduction and navigation, and contribute to permanent hearing loss.permanent hearing loss.
Causes Of Noise Pollution Causes Of Noise Pollution
Noise
Noise pollution pollution is is caused caused by by the the moving moving vehicles, vehicles, manmade manmade machines machines and and loudloud music. Other than that noise can be caused by anything, but
music. Other than that noise can be caused by anything, but these three sources arethese three sources are the main reasons for the noise pollution around us.
the main reasons for the noise pollution around us.
Noise health effects
Noise health effects describe problems in both health and behavior. Unwanteddescribe problems in both health and behavior. Unwanted
sound (noise) can damage physiological and psychological health. Noise pollution sound (noise) can damage physiological and psychological health. Noise pollution can cause annoyance and aggression,
can cause annoyance and aggression, hypertensionhypertension,, high stress levels,high stress levels, tinnitustinnitus,, hearing loss, sleep
hearing loss, sleep disturbancesdisturbances, and , and other harmful efother harmful effects. Furthermfects. Furthermore, stress andore, stress and hypertension are the leading causes to health problems, whereas tinnitus can lead hypertension are the leading causes to health problems, whereas tinnitus can lead to forgetfulness, severe depression and at
to forgetfulness, severe depression and at times panic attackstimes panic attacks High noise levels canHigh noise levels can contribute to
contribute to cardiovascular cardiovascular effects and exposure to moderately high levels duringeffects and exposure to moderately high levels during a single eight hour period causes a statistical rise in
a single eight hour period causes a statistical rise in blood blood pressurepressureof five to tenof five to ten points
points and and an an increase inincrease in stressstress andandvasoconstrictionvasoconstrictionleading to theleading to the increased bloodincreased blood
pressure
Environmental issues and Indian law Environmental issues and Indian law
Since about late 1980s, the Supreme Court of India has been pro-actively engaged Since about late 1980s, the Supreme Court of India has been pro-actively engaged in India's environmental issues. In most countries, it is the executive and the in India's environmental issues. In most countries, it is the executive and the legislative branches of the government that plan, implement and address legislative branches of the government that plan, implement and address environmental issues; the Indian experience is different. The Supreme Court of environmental issues; the Indian experience is different. The Supreme Court of India has been engaged in interpreting and introducing new changes in the India has been engaged in interpreting and introducing new changes in the environmental jurisprudence directly. The Court has laid down new principles to environmental jurisprudence directly. The Court has laid down new principles to protect
protect the the environment, environment, re-interpreted re-interpreted environmental environmental laws, laws, created created newnew institutions and structures, and conferred additional powers on the existing ones institutions and structures, and conferred additional powers on the existing ones through a series of directions and judgments. The Court‘s direction on through a series of directions and judgments. The Court‘s direction on environmental issues goes beyond the general questions of law, as is usually environmental issues goes beyond the general questions of law, as is usually expected from the highest Court of a democratic country. The Supreme Court of expected from the highest Court of a democratic country. The Supreme Court of India, in its order, includes executive actions and
India, in its order, includes executive actions and technical details of environmentaltechnical details of environmental actions to be implemented. Indeed, some critics of India's Supreme Court describe actions to be implemented. Indeed, some critics of India's Supreme Court describe the Court as the
the Court as the Lords Lords of of Green Green BenchBench or or Garbage Supervisor Garbage Supervisor . Supporters of . Supporters of India's Supreme Court term these orders and the Indian bench as pioneering, both India's Supreme Court term these orders and the Indian bench as pioneering, both in terms of laying down new principles of law, and in delivering environmental in terms of laying down new principles of law, and in delivering environmental justice.
justice.
The reasons for the increasing interjection of India's Supreme Court in governance The reasons for the increasing interjection of India's Supreme Court in governance arenas are, experts claim, complex. A key factor has been the failure of arenas are, experts claim, complex. A key factor has been the failure of government agencies and the state owned enterprises in discharging their government agencies and the state owned enterprises in discharging their Constitutional and Statutory duties. This has prompted civil society groups to file Constitutional and Statutory duties. This has prompted civil society groups to file public
public interest interest complaints complaints with with the the Courts, Courts, particularly particularly the the Supreme Supreme Court, Court, for for suitable remedies.
Public interest litigation and judicial activism on environmental issues extends Public interest litigation and judicial activism on environmental issues extends beyond India's S
beyond India's Supreme Courupreme Court. It includes t. It includes the High Courthe High Courts of individuats of individual states.l states. India's judicial activism on environmental issues has, some suggest, delivered India's judicial activism on environmental issues has, some suggest, delivered positive effects
positive effects to to the the Indian Indian experience. The experience. The Supreme Court Supreme Court has, has, through intethrough intensense judicial activism, the proponen
judicial activism, the proponents claim, become a symbol of hope for the people of ts claim, become a symbol of hope for the people of India. As a result of judicial activism, India's Supreme Court has delivered a new India. As a result of judicial activism, India's Supreme Court has delivered a new normative regime of rights and insisted that the Indian state cannot act arbitrarily normative regime of rights and insisted that the Indian state cannot act arbitrarily but
but must must act act reasonably reasonably and and in in public public interest interest on on pain pain of of its its action action beingbeing invalidated by judicial
invalidated by judicial intervention.intervention.
India's judicial activism on environmental issues has, others suggest, had adverse India's judicial activism on environmental issues has, others suggest, had adverse consequences. Public interest cases are repeatedly filed to block infrastructure consequences. Public interest cases are repeatedly filed to block infrastructure projects aimed at solving environmental issues in India,
projects aimed at solving environmental issues in India, such as but such as but not limiting tonot limiting to water works, expressways, land acquisition for projects, and electricity power water works, expressways, land acquisition for projects, and electricity power generation projects. The litigation routinely delays such projects, often for years, generation projects. The litigation routinely delays such projects, often for years, while rampant pollution continues in India, and tens of thousands die from the while rampant pollution continues in India, and tens of thousands die from the unintended effects of pollution. Even after a
unintended effects of pollution. Even after a stay related to stay related to an infrastructure projectan infrastructure project is vacated, or a court order gives a green light to certain project, new issues is vacated, or a court order gives a green light to certain project, new issues become grounds f
become grounds for court noticeor court notices and new public s and new public interest litiinterest litigation.gation.
Environmental Pollution and Problems in india Environmental Pollution and Problems in india
Environmental pollution is rampant in India and the following are some Environmental pollution is rampant in India and the following are some bottlenecks to be a
bottlenecks to be aware of:ware of:
Flaws in Process of Developing Policies Flaws in Process of Developing Policies
The entire law making process in India is a flawed. There is a lack of stringent The entire law making process in India is a flawed. There is a lack of stringent environmental laws to address the problem. In
tigers. For instance, the National Agricultural Policy is a policy which is not tigers. For instance, the National Agricultural Policy is a policy which is not encapsulated in any law and therefore, it is ineffective. No single Indian law encapsulated in any law and therefore, it is ineffective. No single Indian law includes the contents and concerns of the policy document. Further, some classic includes the contents and concerns of the policy document. Further, some classic examples of stand alone legislations are the
examples of stand alone legislations are the Wildlife (Protection) Act, 1972 and theWildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980.
Forest (Conservation) Act, 1980. Lack of Vision and
Lack of Vision and PlanningPlanning
There is a lack of vision and planning on the part of the government of India, in There is a lack of vision and planning on the part of the government of India, in foreseeing environmental issues. Further, there is a failure on the part of foreseeing environmental issues. Further, there is a failure on the part of Government to formulate appropriate policies, programs and plans, to address the Government to formulate appropriate policies, programs and plans, to address the issue.
issue.
Flaws in Law Making Process Flaws in Law Making Process
The law making process in India has many loopholes. It does not follow a logical The law making process in India has many loopholes. It does not follow a logical and consistent path, neither during the drafting process nor after enforcement.
and consistent path, neither during the drafting process nor after enforcement. Issues in the Process of Law Enforcement
Issues in the Process of Law Enforcement
India still follows inadequate and outdated environmental laws. Further, various India still follows inadequate and outdated environmental laws. Further, various factors that contribute towards poor implementation of environmental laws in factors that contribute towards poor implementation of environmental laws in India, are:
India, are: 1.
1. Lack of proper Lack of proper understandiunderstanding of ng of environmental laws.environmental laws. 2.
2. Lack of appropriate skills amongst the law enforcement agencies.Lack of appropriate skills amongst the law enforcement agencies. 3.
3. Lack of coordination among the law enforcement authorities andLack of coordination among the law enforcement authorities and officers.
officers. 4.
5.
5. Shortage of skilled and trained legal personnel.Shortage of skilled and trained legal personnel. 6.
6. No No initiatives initiatives are are being being taken taken to to recruit recruit law law officers officers who who possesspossess knowledge, skills and understanding of environmental issues and knowledge, skills and understanding of environmental issues and laws.
laws. 7.
7. Lastly, the tendency to centralize the decision making power andLastly, the tendency to centralize the decision making power and bureaucratized
bureaucratized structure structure hampers hampers the the process process of of proper proper lawlaw enforcement. The political and bureaucratic intervention in day to day enforcement. The political and bureaucratic intervention in day to day activities of the law enforcement authorities affects and curbs their activities of the law enforcement authorities affects and curbs their professional com
professional competence and efficiencypetence and efficiency..
ROLE OF JUDICIAL ACTIVISM AND ENVIRONMENTAL
ROLE OF JUDICIAL ACTIVISM AND ENVIRONMENTAL
POLLUTION
POLLUTION
Judicial activism is a novel strategy of the court being used through the social Judicial activism is a novel strategy of the court being used through the social action to prevent and control environmental pollution. Any public spirited person action to prevent and control environmental pollution. Any public spirited person can start social action in a court of law. The leading case in the field of can start social action in a court of law. The leading case in the field of environment decide by the Supreme court under the impact of judicial activism is environment decide by the Supreme court under the impact of judicial activism is Municipal Council, Ratlam
Municipal Council, Ratlam v. v. Vardichand Vardichand 11.. The apex court in this case identifiedThe apex court in this case identified the responsibilities of local bodies towards the protection of environment. The the responsibilities of local bodies towards the protection of environment. The facts in this case were that the residents within Ratlam municipality were suffering facts in this case were that the residents within Ratlam municipality were suffering for a long time from pungent smell from open drains. The odour caused by the for a long time from pungent smell from open drains. The odour caused by the public excretion in slum
public excretion in slums and liquid flowing on the street from diss and liquid flowing on the street from distilleries force thetilleries force the people
people to to approach approach the the magistrate magistrate under under section section 133 133 of of Cr. Cr. P.C. P.C. for for a a remedy.remedy. Following a direction from the magistrate to remove the drain, a six months time Following a direction from the magistrate to remove the drain, a six months time
1 1
AIR 1980 SC 1622 AIR 1980 SC 1622
bound programme had
bound programme had to be to be adopted for constructing drainage and adopted for constructing drainage and public latrines.public latrines. The defendants challenged this order
The defendants challenged this order pleading financial constraints. Supreme courtpleading financial constraints. Supreme court after thorough examination held that statutory bodies should not defy their public after thorough examination held that statutory bodies should not defy their public duties by urging in self defence, a
duties by urging in self defence, a self created bankruptcy of perverted expenditureself created bankruptcy of perverted expenditure budget.
budget. The The plea plea of of financial inability financial inability has has no no place place where where the the municipalities havemunicipalities have mandatory duty to protect the people
mandatory duty to protect the people from environmental hazards. Krishfrom environmental hazards. Krishna Iyer, J.,na Iyer, J., observed:
observed:
―...providing drainage systems
―...providing drainage systems- not pompous and attractive, but in working- not pompous and attractive, but in working conditions are sufficient to meet the needs of the people- cannot be evaded if the conditions are sufficient to meet the needs of the people- cannot be evaded if the municipality is to
municipality is to justify its existence.‖justify its existence.‖ In
In M.C. Mehta v. M.C. Mehta v. Union of IndiaUnion of India22 popularly known as Taj Trapeziumpopularly known as Taj Trapezium case
case petitioner urged that the petitioner urged that the foundaries, chemical/ hazardous industriefoundaries, chemical/ hazardous industriess and refinery of Mathura are major sources likely to d
and refinery of Mathura are major sources likely to damage the Taj. Theamage the Taj. The Mathura refinery emit a huge amount of
Mathura refinery emit a huge amount of Sulphur dioxide which whenSulphur dioxide which when combined with oxygen in the presence of moisture in
combined with oxygen in the presence of moisture in the atmospherethe atmosphere becomes sulp
becomes sulphuric acid which fahuric acid which falls on the eartlls on the earth in form oh in form of rain known asf rain known as acid rain. Acid rain
acid rain. Acid rain can degrade the marble surface. The impact of can degrade the marble surface. The impact of refinery emission, brick-kiln, vehicular traffic, etc, has polluted the refinery emission, brick-kiln, vehicular traffic, etc, has polluted the areaarea around Taj Trapezium. The petitioner contended that the white marble around Taj Trapezium. The petitioner contended that the white marble has become yellowish and at places it
has become yellowish and at places it has blackened and hence he madehas blackened and hence he made request to the court to issue an
request to the court to issue an order to prevent air pollution and save order to prevent air pollution and save taj.taj.
2 2
AIR 1997 SC 734 AIR 1997 SC 734
After examining the reports of experts the Court came to
After examining the reports of experts the Court came to the conclusion that thethe conclusion that the emission generated by the
emission generated by the Coke/coal consumCoke/coal consuming industries are air ing industries are air pollutants andpollutants and have damaging effect on the taj
have damaging effect on the taj and the people living in and the people living in the Taj Trapezium.the Taj Trapezium.
Accordingly the court held that 292 industries located and operating in Agra Accordingly the court held that 292 industries located and operating in Agra must change over within time schedule to
must change over within time schedule to natural gas as industrial fuel or stopnatural gas as industrial fuel or stop functioning with coal/coke and get relocated. The industries going to be
functioning with coal/coke and get relocated. The industries going to be shiftedshifted shall be given incentives according to Agra Master Plan
shall be given incentives according to Agra Master Plan and also the incentivesand also the incentives normally extended to new
normally extended to new industrial units.industrial units. In
In M.C. Meht M.C. Mehta v. Union of Ina v. Union of Indiadia33 popularly known popularly known asas Ganga Pollution (tanneries)Ganga Pollution (tanneries) case
case. In this . In this case the Supreme Court in no uncertain terms observed:case the Supreme Court in no uncertain terms observed:
―we are conscious that closure of tanneries may bring unemployment, loss of ―we are conscious that closure of tanneries may bring unemployment, loss of revenue but life, health and
revenue but life, health and ecologecology have greater importance to the people.‖y have greater importance to the people.‖ Even before this case the
Even before this case the Andhra Pradesh High Court inAndhra Pradesh High Court in T. Damodar Rao v. TheT. Damodar Rao v. The Special Officer, Municipal corporation of Hyderabad
Special Officer, Municipal corporation of Hyderabad 44 expressed similar views,expressed similar views, which is the correct approach as
which is the correct approach as to the relationship between the fundamental rightto the relationship between the fundamental right to life as guaranteed under
to life as guaranteed under Article 21 and the right to Article 21 and the right to unpolluted environmunpolluted environment. Theent. The observed:
observed:
―...the slow poisoning by the
―...the slow poisoning by the polluted atmosphere caused by environmentalpolluted atmosphere caused by environmental pollution and sp
pollution and spoliation shouloliation should also be regarded also be regarded as amounting d as amounting to violation of to violation of Article 21 of
Article 21 of the Constitution.‖the Constitution.‖
3 3 AIR 1988 SC 1037 AIR 1988 SC 1037 4 4 AIR 1987 AP 171 AIR 1987 AP 171
In
In Vellore Citizen’s Welfare forum v. Union of IndiaVellore Citizen’s Welfare forum v. Union of India55 also known as T.N. tanneriesalso known as T.N. tanneries case, the tanneries were found discharging intricated effluent into agricultural case, the tanneries were found discharging intricated effluent into agricultural fields, road slides, water ways and
fields, road slides, water ways and open land. Ultimately discharged in the open land. Ultimately discharged in the river theriver the main source of water supply to residents of area. In such a situation the Court main source of water supply to residents of area. In such a situation the Court issued the directions for maintaining the standards stipulated by the by the issued the directions for maintaining the standards stipulated by the by the Pollution Control Board. The Court further directed the High Court of the State to Pollution Control Board. The Court further directed the High Court of the State to constitute Special Bench ‗Green Bench‘ to deal with the case and other constitute Special Bench ‗Green Bench‘ to deal with the case and other environmental matters. environmental matters. 5 5 AIR 1987 SC 2115 AIR 1987 SC 2115
BIBLIOGRAPHY BIBLIOGRAPHY
Environmental Law- C. S. Jaiswal
Environmental Law- C. S. Jaiswal
Allahabad Law Agency
Allahabad Law Agency
ACKNOWLEDGEMENT
ACKNOWLEDGEMENT
I Would like to thank my Environment law teacher Dr. Manjula Batra
I Would like to thank my Environment law teacher Dr. Manjula Batra
for his constant support and Guidance throught the making of this
for his constant support and Guidance throught the making of this
assignment. I would also like to thank my colleagues and friends for
assignment. I would also like to thank my colleagues and friends for
their motivation and help.
ENVIRONMENT LAW ASSIGNMENT
ENVIRONMENT LAW ASSIGNMENT
ON
ON
POLLUTION
POLLUTION
It’s kinds and causes
It’s kinds and causes
Submitted by: Submitted by: ANKIT YADAV ANKIT YADAV B.A L.L.B (H) B.A L.L.B (H)
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3rdrd year year Roll No. 07 Roll No. 07
