ENVIRONMENTAL LAW
Q. 1. Discuss the evolution of Environmental Law in India.
Ans. Environmental protection and its preservation is at present the concern of the mankind. The environment is one of the clearest example that all human activities on this earth are connected. At present time. society’s interaction with nature is so extensive that environmental question has assumed all proportions affecting all humanity. Environmental degradation and pollution has seriously threatened human life, health and livelihood. Accordingly, there has been a thrust on the protection of environment the world over. If the quality of life is to be assumed to the present generation and if the future generation is to be saved from environmental catastrophe, the nature’s gift to us in the form of flora and fauna has to be preserved in the natural form. The proper balance of the ecosystem is the need of today. The only answer to tackle this problem is sustainable development. The object of Environmental Law is to preserve and protect nature’s gift to man and woman such as, water, air, earth and atmosphere from pollution.
Notwithstanding political division of the world into national units, the oceanic world is interconnected whole and winds that blow over the countries are also one. Such observation was made by the Supreme Court in M.C. Mehta v. Union of India, (1991) 2 SCC 353. If the nuclear test is carried out in one part of the world, the fall out may be carried out by winds to any other part of the world and such fall out of irresponsible disposal of radioactive waste from a remote energy may turn out to have greater effect on the neighbouring countries than the danger of full fledged war.
Due to the agricultural chemicals, solvents and mercury, which flowed into the Rhine River during a warehouse fire in Switzerland millions of fish were killed and the drinking water in the Federal Republic of Germany and Netherlands was threatened.
Industrialization, urbanization, population explosion, poverty, over exploitation of resources, depletion of traditional resources of energy and raw materials and the research for new resources of energy and raw materials are some of the dominant factors which have contributed to environmental deterioration the world over. While the scientific and technological progress of man has invested him with immense power over nature, it has also resulted in the unthinking use of the power, encroaching endlessly on nature. This view was expressed by the Apex Court in Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109.
The acute poverty in the country requires developmental process to be accelerated, but we cannot do so at the cost of environment thereby endangering not only the present generation but also the future generation. Accordingly, the concept of sustainable development came to be evolved. It means that development which meets the need of the present without compromising the ability of future generations to meet their own needs. Such was conclusion of the World Commission on Environment and Development.
All the above factors are responsible for the evolution of environmental law. The function of Environmental Law is to protect environment and control environmental pollution. In India numerous laws have been enacted for this purpose. Such laws are the Water (Prevention and Control of Pollution) Act, 1974, the Air (Protection and Control of Pollution) Act, 1981, The Environment (Protection) Act, 1986; the National Environment Appellate Authority Act, 1997; The Public (Liability Insurance) Act, 1991; The National Environment Tribunal Act, 1995 and so on.
In international scenario the important legal instruments are Stockholm Declaration on the Human Environment, the Rio-Declaration on Environment and Development, 1992; Convention on Climate Change, 1992; Convention on Biological Diversity, 1992 and Nietoric Paris Pact (Dec. 2015) and so on.
Q. 2. What is Environment? Explain its Scope.
Ans. Concept of Environment.- The word “Environment” is difficult to define. Its normal meaning relate to surroundings. surroundings. The concept is relative to whatever object it is which is surrounded. Therefore, it includes anything. Indeed, Einstein once remarked: “The Environment is everything that is not me.” However, a more specific meaning, although still very vague and general has now been assigned to the term “environment” which may be treated as covering the physical surroundings that are common to all of us, including air, space, waters, land, plants and wildlife.
The Environment (Protection) Act, 1986 in Section 2 (a) defines environment as follows:
“Environment includes water, air and land and the interrelationship which exists among water, air and land and human beings, other living creatures, plants, micro-organism and property.”
Environment is thus a very complex phenomenon. One can understand it when he understands ecosystem, ecology and biosphere.
According to International Court of Justice, “Environment is not an abstraction but represents the living space, the quality of life and the very health of human beings, including generations unborn.”
Primarily, the concern of all environmentalists is with the environment of man. But man cannot exist or be understood in isolation from other forms of life and from plant life and so environment of all biological population should be the concern of environmentalists. C.C. Park in his book “Ecology and Environmental Management” states that “Environment refers to the sum total of condition which surround man at a given point in space and time. In the beginning the environment to early man consisted of only physical aspects of the planet earth (land, air and water) and biotic communities but with the march of time and advancement of society man extended his environment through his social, economic and political functions.
Scope.- Generallly speaking the environment is equated with nature wherein physical components of the planet earth viz. land, air, water etc. support and affect life in the biosphere. A. Gondie in his book “The nature of environment” has, in fact, taken environment as the representative of physical components of the earth wherein man is an important factor affecting the environment. Environment is defined more comprehensively by others “as a holistic view of the world as it functions at any point of time, with a multitude of spatial elemental and socio-economic systems distinguished by quality and attributes of space and mode of behaviour abiotic and biotic forms (K.R., Dixit). He further remarks “The definition and in turn the scope, could be governed by our concern and priorities. Our immediate concern is the quality of space we live in, the air we breathe, the food we eat, the water we drink and the resources we draw from the environment to support our economy. He has also pleaded for the inclusion of only “air-land-water-plant” in the concept of environment, excluding man and human society from the scope of environment.
In fact environment is viewed in different ways with different angles by different groups of people but it may be safely argued that environment is an inseparable whole, is constituted by the interacting systems of physical, biological and cultural elements which are interlinked individually as well as collectively in myriad ways. Physical elements (Space, landforms, water bodies, climate, soils, rocks and minerals) determine the variable character of human habitat, its opportunities as well as limitations. Biological elements (plants, animals, micro-organisms and man) constitute the biosphere, Cultural elements (economic, social and political) are essentially man-made features which go into the making of cultural milieu.
Q. 3. What do you understand by sustainable development? Discuss the relationship between the Environment and Development.
Or
“Development should be not at the cost of environment.” Explain this statement.
Ans. Sustainable Development
Sustainable development means an integration of developmental and environmental imperatives. To be sustainable, development must possess both economic and ecological sustainability. Sustainable development indicates the way in which the development planning should be designed. The concept of sustainable development signifies a policy approach or goal rather than a substantive prescription. The final postulate behind sustainable development requires development not at the cost of environment. Its principal merit is that it modifies the previously unqualified development concept.
The Brundtland report defines sustainable development as development that meets the needs of the present without compromising the ability of the future generations to meet their own needs. Such thing is possible only when the development is planned not at the cost of environment. The report lays emphasis on the definition of the concept saying that sustainable development means an integration of economics and ecology in decision making at all levels. The concept is viewed as a strategy which would integrate the apparently conflicting goals of economic development and ecological integrity. The caring for the earth document defines sustainability as a characteristic or state that can be maintained indefinitely whereas development is defined as the increasing capacity to meet human needs and improve the quality of human life. This means that sustainable development would imply improving the quality of human life while living within the carrying capacity of supporting eco-systems.
The relationship between environment and development may be explained as follows:
“Based on our best understanding how economics and ecosystems operate, we must try to evolve general rules of behaviour, which if followed, would sustain each. We can think of economic and ecological sustainability as overlapping circles. Where they overlap is found terrain of sustainable development and the starting point of a national strategy.”
Economic sustainability can be defined as the way that humans must manage an economy to preserve productiveness.
The Brundtland report as well as Caring for the Earth have developed the World Ethic of sustainability which may be summarized as follows:
(i) Every human being is a part of the community life, made up of all living creatures.
(ii) Every human being has fundamental and equal rights including the right to access to the resources needed for a decent standard of living.
(iii) Each person and each society is entitled to respect of these rights and is responsible for the protection of these rights for all others.
(iv) Every life form warrants respect independently of its worth to people.
(v) Every one should be responsible for his or her impacts on nature.
(vi) Everyone should aim to share fairly the benefits and costs of resource used.
(vii) The protection of human rights and the rights of nature is worldwide responsibility that transcends all cultural, ideological and geographical boundaries.
Stockholm Declaration, Rio-Declaration, Agenda-21 and Earth Summit Plus Five (1997), Earth Summit Plus Ten (2002). Johannesburg Declaration on Sustainable Development, throw comprehensive light on sustainable development. Sustainable Development has become a matter of “Political Sloganing” in the international community.
In Ratlam Municipality, AIR 1980 SC 1622 the Supreme Court has held that “we recognize that everybody’s home is his castle which cannot be invaded by toxic fumes and tormenting sounds.”
Q. 4. What is environmental pollution? What are the factors which have caused environmental pollution?
Ans. Meaning.- Environmental pollution means the presence of any substance in the environment which is harmful for human beings, other living creatures, plants, micro-organism and property.
Since pollution is viewed from different angles as an environmental problem by environmentalists in general and natural scientists in particular, as social problem by sociologists, as an economic problem by the economists, as an ecological problem by ecologists and so it may be defined in a number of ways. A few definitions are given below:
According to the report of the Restoring the Quality of our Environment, President’s Science Advisory Committee, Washington, U.S.A., pollution may be defined as “unfavourable alteration of our surroundings wholly or partly as a by-product of man’s actions through direct or indirect effects of changes in energy pattern’s radiation levels. Chemical and physical constitution and the abundance of organisms.”
“Environmental pollution” is a term that refers to all the ways by which people pollute their surroundings. People pollute the air with gases and smoke, poison the water with chemicals and other substance and damages to soil with too many fertilizers and pesticides. It is one of the most serious problem which the humanity is facing today.
Environmental pollution means lowering of environmental quality, at local scale caused exclusively by human activities whereas environmental degradation means lowering of environmental quality at local, regional and global levels by both natural process and human activities.
It is commonly agreed that pollution is, without doubt, the outcome of urban industrial technological revolution and rapacious and speedy exploitation of natural resources, increased rate of exchange of matter and energy and ever-increasing industrial wastes, urban effluents and consumer goods.
According to the Natural Environmental Research Council, Pollution is viewed “as the release of substances and energy as waste products of human activities which result in changes usually harmful within the natural environment.”
According to Section 2 (c) of the Environment (Protection) Act, 1986, ‘environmental pollution’ means the presence in the environment of any environmental pollutant.
Factors responsible for pollution
There are numerous factors which are responsible for causing environmental pollution. A few factors polluting environment are given below:
1. Deforestation.- Forests are invaluable property of nation because they provide raw materials to modern industries, timber for building purposes, habitats for numerous types of animals and micro-organisms, goods friable and nutrient-rich soils having high content of organic matter, offer protection to soils by binding the soils through the net-work of their roots.
Deforestation gives birth to several problems encompassing environmental degradation through accelerated rate of soil erosion, increase in the sediment load of the rivers, siltation of reservoirs and river beds, increase in the frequency and dimension of floods and drought.
Thus deforestation causes a chain effects which adversely affect the environment.
2. Agricultural Development.- Agricultural development degrades the environment in a variety of ways, e.g.:
(a) Through the application of chemical fertilizers, pesticides and insecticides.
(b) Through the increase in irrigational facilities and amount of irrigation.
(c) By making changes in biological communities etc.
3. Population growth. Growth of human population at alarming rate is the most significant of the lowering of environmental quality and ecological balance. Thus, it is obvious that over-population is the root cause of environmental degradation and ecological imbalance.
4. Industrial development.- Rapid rate of industrialization resulted into rapid rate of exploitation of natural resources and increased industrial output. Both the components of industrial development have created several lethal environmental problems.
Increasing industrial expansion is responsible for the release of enormous quantities of pollutant, through sewage effluents into the rivers and the lakes and thus for contaminating the water.
Bhopal Gas Tragedy is an example of disastrous effects of modern industrialization. Acid rains, urban smogs, nuclear holocaust etc. are the other forms of environmental hazards emanating from industrialization.
5. Urbanisation. In fact, increasing urbanisation means increase in the concentration of human population in limited space which results in the increase of buildings, roads and streets, sewage and storm drains, vehicles (motor cars, trucks, buses, motor cycles, etc.), number of factories, urban wastes, aerosols, smokes and dusts, sewage waters etc., which cause several environmental problems. For example, increasing population of the urban centres uses enormous amount of water for various purposes. The use of waste water like sewage water, if untreated, pollutes the streams and lakes because the urban effluents are allowed to be drained into them.
6. Modern Productive Technology. The development of modern technology has definitely created most of the present day environmental problems. Environmental crisis is thus the inevitable result of a counter ecological pattern of productive growth.
The most dangerous aspect of modern technologies is the problem of disposal of nuclear waste materials coming out of the nuclear reactor plants.
After all, the sources of environmental degradation are man made and if the public is not conscious and the citizens are not aware about their duty to render a pollution free environment, the problem is likely to aggravate and management of environment is bound to shrink. Considerably despite comprehensive laws for preservation of environment and policies and measures that are being adopted for creation of an eco-friendly atmosphere. The Courts can at the most issue directions to the executive or order removal of the cause of pollution which is damaging the environment but the enforcement thereof has to be ensured by executive authorities and much of it depends upon the public willingness to cooperate in this endeavour.
In the present scenario, the lack of necessary public cooperation, and support to Government’s Pollution Control Policies and Schemes such as “Swacch Bharat” that our rivers are more polluted, air is getting increasingly toxic, garbage is pilling up in urban cities and towns, and hazardous waste is being dumped untreated causing air and water pollution. Needless to say that self-centered socio-economic interests of the people are creating problems in effective implementation of environmental laws and policies.
Q. 5. Briefly discuss various kinds of Pollution.
Ans. The classification of environmental pollution is a difficult task because the pollutants and the media through which the pollutants are diffused and transported (such as air, water and land) all are the interconnected and thus all types of pollution identified so far are arbitrary in character. However following are kinds of pollution as so far recognised:
(i) Natural pollution, and
(ii) Artificial pollution, i.e., depending on human activity.
On a global scale natural pollution is more significant but as local level, pollution produced by human activity is more significant.
The sources of natural pollution are (a) earthquakes, (b) flood, (c) draught and (d) cyclone.
Pollution may also be classified from the point of view of the object which is polluted. From this angle pollution may be classified into-
(a) Air pollution
(b) Water pollution
(c) Land pollution
(d) Food pollution
(e) Noise pollution, and
(f) Radioactive pollution.
(a) Air Pollution.- Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 defines air pollution as follows:
”Air pollutant’ means any solid, liquid or gaseous substance including noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. Section 2(b) of the Air Act presents a general view of the same. It runs as follows:
“Air pollution” means presence in the atmosphere of any air pollutant.”
(b) Water Pollution. Water pollution is an important factor in the life of organisms. It is a universal solvent in which practically all the minerals present in soil may be dissolved. It supports life system and its shortage has become the main concern of human beings. It covers about one third of earth’s surface.
The presence of pollutants in water specially toxic substance in the seas, rivers, tanks, ponds, wells have affected life on earth badly. People are not getting clean water to drink, to bathe and for household activities. In order to prevent pollution of water our Parliament has passed Water (Prevention and Control of Pollution) Act, 1974. Every man has right to clean and pure water.
(c) Land Pollution.- Land is that part of the earth, which holds terrestrial life. Terrestrial flora and fauna survive on it and man carries on various activities. The major source of land pollution is the massive amount of solid wastes disposed by us. This includes household refuge, commercial rubbish, industrial wastes, garbage trash automobiles, tyres. cans, waste papers etc. But the most dangerous pollutant is the plastic components such as plastic bags, plastic papers, and plastic wrappers. These materials remain undecayed for a long time and they not only have nuisance value but also are health hazards.
(d) Food Pollution. Every living being requires food to obtain energy through which he carries on his activities. If the food taken by him is polluted and adulterated it will have injurious effect on him. Food pollution begins when, in order to protect seeds in soil from termites and pests, chemicals are used, then chemicals are used to protect plant’s growth.
Food also gets polluted during processing, storage, transporation and retailing. Therefore, attention must be paid to see that it does not get polluted so as to become unfit for consumption. In order to control food pollution, Prevention of Adulteration Act, 1954 was passed by our Parliament. Similarly, the Dangerous Drug Act, 1930 was enacted to prevent misuse of dangerous drugs which are lethal in nature.
(e) Noise Pollution.- Noise pollution may be defined as the state of discomfort and restlessness to humans by unwanted intensity sound known as noise. Noise has bad effect on health, such as loss of hearing capacity and fatigue, sleep interruptions. In exercise of powers conferred on it, the Central Government has made Noise Pollution (Regulation and Control) Rules, 2000 to lay down wide and broad standards for air in respect of noise for different areas/divisions.
(f) Radioactive pollution.- Some elements like radium, uranium etc., emit invisible effects known as radiations. The emission of these invisible radiations is known as radioactivity and such substances are called radioactive substance. The cloud formed during the atomic explosion contains radio-active material and this spreads very fast all around.
In order to control and regulate the use of atomic energy, we have got in our country the Atomic Energy Act, 1962. It has been amended several times to make it more effective.
Q. 6. What is Air Pollution? What are the sources of Air Pollution? Discuss its effects.
Ans. Nature. The atmosphere is a gaseous envelop which surrounds the earth from all sides and the air is a mechanical mixture of several gases, mainly nitrogen, oxygen, argon and carbon dioxide. Air is never pure because some gases such as sulphur dioxide, hydrogen sulphide, carbon monoxide, emissions from volcanoes and swamps, wind blown dusts, salt spray, pollens from plants etc. are continuously added to the air by the natural processes. Thus air is polluted when its natural composition is disturbed. Major sources of air pollution are natural sources. There are some man-made sources also such as industries, urban centres, automobiles, aircraft, agriculture, power plants etc. which are equally significant.
Section 2 (b) of Air (Prevention and Control of Pollution) Act, 1981 defines air pollution as follows:
“Air Pollution” means the presence in the atomosphere of air pollutant. In the same Act, air pollutant is defined under Section 2 (a) which means any selid, liquid, or gaseous substance including noise present in the atomosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.
Sources of Air Pollution
Sources of air pollution are as follows-
(a) Industrial units and power plants, burning coal or crude oil like Naphtha;
(b) Steam locomotives used in railways, steamer and motor vehicles;
(c) Large incinators in certain municipalities;
(d) Sewers and domestic drains emanating foul gases;
(e) Motor transport and internal combustion engines burning petrol, diesel, kerosene, naphtha or other fuels;
(f) Domestic furnaces using coal, kerosene, cowdung cakes and wood;
(g) Lighting in houses by burning vegetable oils, paraffin, kerosene, coal and gases;
(h) Miscellaneous, commercial and community activities such as soil losses, pesticides and agricultural chemicals.
Effect of Air Pollution
Air pollution adversely affects man and his environment in many ways. It spoils his health and interferes with the growth of plants and shrubs. It diminishes the value of his agricultural products, most injurious effect of air pollution is that it endangers his health.
Effects of air pollution may be enlisted as follows:
1. On Human Health. The most injurious effect of air pollution is on human health. The cause of chronic diseases which constitute the major public health; problems is due to air pollution. It contributes to such chronic diseases as emphysema, bronchitis and other respiratory ailments. It causes cancer and heart diseases, Polluted air is also linked to higher mortality rates.
2. On Vegetation and Materials. Air pollution causes damage to plant life and building materials. Sulpher dioxide affects timber land and will destroy even the most durable products such as steel. Air pollution also dims visibility, obscures city skylines and scenic beauty, interferes with safe operation of air craft and automobiles.
3. On Climate.- Air pollution alters climate and may produce global changes in temperature.
Q. 7. What is water pollution? Describe its sources. What is the position of water pollution in India?
Or
Write a note on the water pollution.
Ans. Water Pollution
Water is an important factor in the life of organisms. But it is useful only when it is unpolluted. Polluted water means water which contains foreign substance in it which alters physical, chemical or biological properties of water. Polluted water has been found to be injurious to public health for the purpose of domestic, commercial, industrial, agricultural or other legitimate use or to health of biological life.
According to the provisions of the Water (Prevention and Control of Pollution) Act, 1974, “pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organism.
Water pollution as a world problem.-Water pollution is not only a national problem but a world problem. All over the world there is a problem of fresh and wholesome water. It is becoming serious’ in a number of regions in India. Majority of rivers are polluted by the direct or indirect discharge of industrial sewage into them.
Ground water contamination is expanding at large. Household tanning and dyeing units do not have water treatment systems.
Most villagers are usually dependent on the river for drinking water. bathing, irrigation, fishing and for giving water to their animals. With the river polluted, the daily consumption of water has become a slow tortuous process.
Crops are as drastically affected. A farmer says where he used to get 6 tonnes to 7 tonnes of jowar from one hectare, he now gets just 1.8 tonnes to 2 tonnes. Groundnut yields have dropped 10 bags from 15 bags. One prosperous farmer says he knew the factory was the culprit because the yield went up when the factory was shut down for six months due to a strike. A farmer complained that his bulls do not live as long as they used to. Another farmer began taking his water from upstream [of the factory) for his bufalloes three of them died after drinking the water.
Sources of water pollution. Following are the sources of water pollution.
1. Domestic wastes:
2. Industrial wastes;
3. Agricultural wastes, insecticides and pesticides;
4. Solid Water Pollution:
5. Thermal Pollution;
6. Marine Pollution, and
7. Radioactive wastes.
Effect of Water Pollution
The effect of water pollution are numerous. The major sources of water pollution are domestic, industrial, agricultural, radioactive wastes and solid water pollution, thermal pollution and marine pollution. Pollution affects the streams, wells, rivers, water-ways by way of depletion of oxygen level, excess plant nutrients, biological dye-stuff function and sedimentary and erosional processes. In addition to it, it also affects the public health and safety; aquatic-life, wild life, property and economy.
The consequences of water pollution on the human race are widespread and range from a reduction in the recreational value of beaches and water ways to unaesthetic drinking water, to serious health hazards.
The crucial problem before us is not whether developing countries can afford measures for control of water pollution but is whether they can afford to neglect them.
Position of Water Pollution in India
The position of water pollution in India may be highlighted by stream and river pollution. A few examples are being given to clarify the position as follows:
Most of the Indian rivers receiving urban and industrial effluents (wherever large cities and industrial complexes are located at or near the banks of the rivers) are heavily polluted For example the Yamuna river at Delhi, has in fact, become a sewage as 323 million gallons of sewage enter the Yamuna per day through 17 open drains.
The contamination of streams in Medek district of Andhra Pradesh from effluents of chemical plants presents the haunting spectrum of hazardous pollution caused by human activities.
The Ganga river, the most sacred river of the Hindu Community, is heavily polluted. Major pollutants of Ganga pollution include enormous quantities of sediments derived through accelerated rate of soil erosion in the source catchment areas of the Ganga due to deforestation and through rill and gully erosion in the riverain zones of the Ganga and its tributaries. sewer drains from urban areas located on the river banks, industrial effluents carrying waste waters, suspended dissolved materials, toxic chemicals and metals etc from various industries, garbages from cities, human and animal excreta from urban and rural settlements located along river banks, burning of human dead bodies, corpses and dead animals, chemical fertilizers. chemical pesticides, insecticides and herbicides. Notable places of Ganga pollution are Haridwar, Kanpur, Prayagraj, Varanasi, Bihar and Calcutta etc.
There is ambitious plan for connecting all the rivers with one another.