Q. 8. Discuss the sources of Land pollution. Describe the effects of Land Pollution.
Ans. Land, in fact, is the very heart life layer (the biosphere) because this represent wherein plant nutrients are produced, held, maintained and are made available to plants through their roots and the micro-organisms which live in the land. Land is also very important environmental attribute for human society because (i) it is the basic medium for food and timber production, (ii) it provides foundation for buildings and roads, (iii) it is very important exhaustible natural resource.
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.
Sources of Land Pollution.- Chemical fertilizers and bio-cides have now become essential part of modern mechanized agriculture. Excessive use of chemical fertilizers to boost agricultural production causes alteration in the physical and chemical properties of land, though chemical fertilizers act as inorganic plant nutrients In fact, rapid growth of population and commercialization of agriculture have become a great source of land pollution. D.DT, dieldrine, Aldrin used as potent pesticides to kill insects have adverse effect on land polluting it.
Effects of Land Pollution. Effects of land pollution on human beings, animals and plants are far-reaching. Since pollution degrades the quality of land, consequently land pollution results in substantial decrease in agricultural production. Some forms of land pollution even render the land unusable for crop farming. For example, soil erosion through rill or gully erosion converts the land into wasteland.
Q. 9. What is Noise Pollution? Explain its sources and effects.
Ans. Concept of Noise. The word “noise” has not been defined in any statute including the Air (Prevention and Control of Pollution) Act, 1981. But it came to be included in Section 2 (1) of Act by an amendment of the Act in 1987.
The Law Lexicon defines the term “noise” as follows:
“Loud, confused or senseless sound.”
Noise alone may be of such character, as to be productive of actual physical discomfort and annoyance to any person who is of ordinary sensibility, and when it is so. it may amount to be nuisance which is actionable under law
Effects. When unwanted sound is released into the atmosphere it is characterised as ‘noise pollution’ It is hazardous to the quality of our atmosphere. This is very serious problem which cannot be easily solved. Moreover sources of pollution are complicated which can be classified as follows:
(i) Rural sources of noise pollution.
(ii) Urban sources of noise pollution, and
(ii) Industrial sources of noise pollution.
Mankind’s capacity to create noise has increased very much. Noist surrounds us through the roar of vehicular traffic, the bustle of crowds and so on. The amplified music and songs also have become causes of noise Noise pollution is a serious challenge to the nations of the world.
Q. 10. Discuss the various measures to control the Environmental Pollution.
Ans. Measures to Control Environmental Pollution. There a numerous measures which have been designed to control environmenta pollution Such measures may be classified into the following categories.
(1) Constitutional Measures
(2) Statutory Measures
(3) Judicial Measures
(4) Sustainable Development.
1. Constitutional Measures. Articles 48-A and 51-A of the Constitution deal with environment.
The Indian Constitution is amongst the few in the world that provides expressly for environment protection. The directive principles of state policy and the fundamental duties explicitly enunciate the national commitment to protect and improve the environment.
Environmental protection and improvement were explicitly incorporated into the Constitution by the Constitution (Forty-second Amendment) Act, 1976. The 42nd Constitution (Amendment) Act clearly spelt out in the amendment to the preamble of the concept of socialism. In the socialistic pattern of societies the State pays more attention on the social problems than on any individual problem and the pollution is one of them.
The Constitution being supreme law of the land is binding on not only the citizens and non-citizens but also on the State itself. The Constitution (Forty-second Amendment) Act, 1976 inserted in the Constitution for the first time specific provisions to protect and improve the environment.
Article 47 provides for the improvement of public health as one of the primary duties of the State.
Fundamental Duty of the State: Article 48-A.- As a result of United Nations Conference on Human Environment convened at Stockholm in 1972, the nations of the world decided to take appropriate measures to protect and improve human environment. The sequel to this, in India 42nd Amendment to the Indian Constitution inserted Article 48-A and Part IV-A of the Constitution which enumerates certain fundamental duties under Articles 48-A and 51-A (g).
Parliament has imposed a new Constitutional obligation on the State by incorporating Article 48-A in the Constitution.
Article 48-A declares, “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country”
The directive principle requires that the “State shall endeavour to protect and improve the environment” and “to safeguard the forests and wildlife of the country.”
Article 48-A lays down the safeguard of forest and wildlife. Safeguarding of forests is important factor which affects environment because the forests maintain balance between the oxygen and carbon dioxide in the atmosphere which constitutes an important safeguard against air pollution. The Constitution (42nd Amendment) Act, 1976 was a turning point and gave the Centre also the power to legislate on forests.
Fundamental Duty of the Citizens: Article 51-A.- Article 51-A (g) specifically deals with the fundamental duty with respect to environment. It says “it shall be duty of every citizen of India to protect and improve the natural environment including forests lakes, rivers and wildlife and to have compassion for living creatures.” Article 51-A (g) postulates fundamental duty on all citizens to preserve and protect the environment and have compassion to all living creatures.
As regards the Indian Constitution, it is submitted that there was no need to incorporate a separate chapter on fundamental duties because limitations on the fundamental rights and the provisions of detailed directive principles are sufficient in this direction. Article 51-A (g) uses the word “Natural Environment” but in the modern industrialized civilization such a concept is misnomer. Today the polluted environment has taken the place of natural environment which has become a part of life.
Clause (g) of Article 51-A provides for protection and improvement of environment and it specifically puts stress on water pollution by including matters, viz., forests, lakes, rivers, etc. But it should not mean that other pollutions like noise do not cause any concern. The level of noise pollution in big cities like Bombay, Calcutta, Delhi and Madras is not lower than cities like London and New York. Noise pollution is responsible for hypertension, fatigue, deafness, allergies, loss of sleep, loss of energy, loss in expectation of life. It makes a man irritated and neurotic. It has even damaged human foetus. Thus, it is a slow poisoning of human beings.
2. Statutory Measures. Numerous statutes have been passed to control environmental pollution. Such statutes are Environment (Protection) Act, 1986. Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974, Wild Life (Protection) Act, 1972 and so on. Under these Acts competent authorities have been constituted and established to take measures to control Environmental Pollution.
3. Judicial Measures. Judiciary in India can issue writs and directions under Articles 32 and 226 of the Constitution to protect environment and prevent environmental pollution. There are numerous cases decided under public interest litigation to control environmental pollution. Any public spirited person can move the court to take action for preventing and controlling environmental pollution. The doctrine of locus standi has been liberalized in the case of public interest litigation.
4. Sustainable Development. The concept of sustainable development is concerned for striving a balance between economic development and environment It postulates that the economic development should be conducted in such a way which may cause least danger to the Environment. The economic development may proceed in such a way that the environment is not polluted. Environment should be reserved for future generation. This is an international development which has come into existence as a result of different conferences convened by the United Nations. The World Commission on Environmental Development treated by Brundtland considered the sustainable development which may have ability to meet the needs of present generation without compromising with the ability of future generation to fulfil their requirements. The reality is that economic activity must continue without any harm to the environment. Hence, ecology and environment have three control concerned of sustainable developments. At present the challenges before us are not how to exploit natural resources, but how to conserve the environment, which may continue in natural course. After independence our country needs to carry out some scorching details and contours of new dimension. The country should be proud on account of economic development. The environment had been preserved and maintained and reached to us by our ancestors for future generation.
Sustainable development is based on the assumption that economic development should not be at the cost of environment. It postulates that there should be equitable balance between environment and industrialization.
“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Sustainable development requires meeting the basic needs of all and extends to all opportunity to satisfy their aspirations for a better life.” [The Brundtland Report, 1977].
“Sustainable development simply put is a “process in which development can be sustainable over generations” and making the concept of sustainable development operational for public policies raises important challenges that involves complex synergies and Trade Offs. (Dyeing and Manufacturing Co, Ltd. v. Bombay Enviro Action Group, (2006) 3 SCC 434].
Q. 11. Write short notes on the followings:
1. Ecological Cycle
2. El-Nino Effect
Ans. 1. Ecological Cycle
Ecological cycle means circulation of elements in the ecosystem through energy flow. In other words, energy flow is the driving force of material circulation in the various components of ecosystem. Gases present in the air perform several functions which are useful for living beings. In this process, they keep on rotating in circular form. It is, therefore, that their movement is as cycle. Such cycles are as follows
1. Nitrogen Cycle
2. Carbon Cycle.
3. Oxygen Cycle
4. Hydrogen Cycle.
5. Water Cycle
1. Nitrogen Cycle.- Nitrogen is an essential element in all forms of life. It occupies the major portion of the air, i.e.. 79% but it is never taken directly by the organism from the atmosphere The atmospheric nitrogen is fixed in the soil by symbiosis or asymbiosis by variety of micro- organisms in the form of nitrate. Some portion of the nitrogen is also fixed in the soil by lightning The micro-organism or bacteria, which performs the main role of fixing atmospheric nitrogen into soil is known as Rhizobium, fourid in the root nodules of legumes. It performs its rule through the process of symbiosis (association of two organisms). The nitrogen is fixed in the soil in the form of nitrate as taken by the plants for manufacturing complex nitrogenous compound. This nitrogenous compound reaches animals through plants.
2. Carbon Cycle. Although carbon-dioxide is not present in the atmosphere in large quantity yet it plays an important role so far as living beings are concerned. It is an important basic element of all organic compounds. Carbon moves from the atmosphere to green plants then to animals when consumed and finally from these to bacteria, fungi and other organisms (decomposers) that return it to the atmosphere through decomposition of dead organic matter.
3. Oxygen Cycle. Survival of living beings depends on the presence of oxygen in the air. It helps in purifying blood. If there is no oxygen in the air or it is not available in the air in requisite quantity or it is highly polluted it will make life difficult. In atmosphere, green plants maintain its supply. During the day green plants in the presence of sunlight use carbon- dioxide to make food and release oxygen for breathing. Living beings discharge carbon-dioxide which is used by plants to manufacture their food in the presence of sunlight. The consumption and discharge of oxygen constitute oxygen cycle.
4. Hydrogen Cycle.- Hydrogen gas which is present in the air either from sea water or through industrial activity in the presence of lightning reacts with oxygen to form water. During rain this water comes on earth where in the presence of sun’s energy it again acquires gaseous form. This cycle goes on continuously as hydrogen cycle. This cycle is very significant for the effective functioning of ecosystem.
5. Water Cycle. The cycle through which water moves from ocean to atmosphere to land and back to oceans is known as water cycle. The source of most of the rain is the ocean. The whole process cess takes place in the presence of heat energy, which comes from sun rays. Owing to sun rays air and water get heated and water starts evaporating. Air masses lying over the seas pick up large quantities of evaporating vapours. When vapour soaked air moves inward over the continents it gets cooled and much of this water falls out as precipitation. Water first reaches the ground in mountain areas in the form of rain, snow sleet, hail or surface condensation. The excess water runs over the surface or sinks in ground, which appears again in the form of springs or as streams. Meanwhile, much is returned to the air by evaporation from the vegetation of the area and this return once more to the ground in further precipitation in other areas.
There ecological cycles play dominant role in the atmosphere.
2. El-Nino effect
El-Nino is an annual occan-warming phenomenon that occurs sometime about Christamus and literally means “Child Christ”. It affects the entire world’s weather and causes to coral bleaching in certain localities. The phenomenon envolves warming of the Pacific Ocean about the Christamus. In 1983, 1987 and 1998, the El-Nino weather phenomena was strongest and the coral bleaching too was strongest.
The out breaks of various coral diseases, e.g., black band disease, coral plague, askergillosis, and white band disease may cause coral death.
Opposite to El-Nino is the La-Nina phenomenon which literally means “girl child” which brings about coming out of extremely cold water in the Pacific Ocean that results in heavy rainfall and flood in several Asian Coastal regions.
Q. 12. Explain the effect and importance of global warming. What are its causes.
Ans. Global warming means warming of the earth due primarily to rapid build up in the atmosphere of carbon dioxide and other green house gases that trap the earth’s heat. Green house gases are such as carbon dioxide, methane, nitrous oxide and CFC’s all of which have warming influence on the world climate. These gases are emitted from millions of industrial smoke stacks, motor vehicles, waste dumps and other sources.
Effects. Global warming results in global environmental changes. The probable net result of global warming is climate change at local, regional and global levels. Moreover, it has catastrophic adverse effects on man and nature, e.g., deglaciations and sea level changes, submergence of island nations, and major coastal lowlands, atmospheric dynamics including evaporation and precipitation, global radiation.
Green house gases form a glass window over the earth. They trap heat that otherwise escape from the earth’s surface into outer space. If uncontrolled, global warming would wipe out civilizations within 500 years. In the race between life and death, death shall prevail. It would result in hotter summers and colder winters, rise in sea levels, change in monsoon patterns, droughts, extinction of animal life and devastating floods.
Causes. The major causes of global warming are rapid rate of industrialization, urbanization, population growth at alarming rate. advancement in productive technology, major land use changes etc.
Q. 13. What is Green house effect? Discuss various developments which are taken against it as preventive measures.
Ans. Green House Effect. Greenhouse effect refers to the gradual warming of the earth’s atmosphere due to the presence of the molecules of greenhouse gases like carbon dioxide, methane, nitrous oxide, CFC’s water vapour etc. Greenhouse gas is a gas in the atmosphere, which like a glass in a green house, traps part of earth’s heat and produces a warming effect (Carbon dioxide produces 50% CFC’s 2.5%).
The greenhouse gases are emitted from millions of smoke stacks, motor vehicles, waste dumps and other sources. A familiar example of the greenhouse effect can be seen when one parks one’s car in the parking lot on a hot summer day with closed windows and on return finds it hot as even. This rapid warm-up of the car is due to greenhouse effect. The sun’s radiant energy passes through the car’s windows and some of the energy is converted into heat or infra-red radiation. Molecules of green-house gases behave very much like the glass in car windows or in a green-house. In a sense, the green-house gases form a glass window over the earth. They trap heat that otherwise would escape from the earth’s surface into outer space.
Preventive Measures
Montreal Protocol is designed to prevent green house gas effect. It is an international agreement to globally reduce the emission of substances known to be harmful. It contains clear measures to control emission of green house gases. It obligation on State Parties to reduce imposes obli emission of greenhouse gases. The Protocol was signed by 48 States, mostly developed countries. India alongwith Malaysia and China refused to sign the pact because of the allegedly discriminatory clauses in it.
Vienna Convention also provides measures to prevent green house gas effect.
World Charter for nature is also measure which seeks to prevent green house gas effect.
The Montreal Protocol stands on a solid scientific foundation, relying on the most scientific techniques available, including complex computer modelling, satellite measurements and advance atmospheric chemical theories.
Kyoto Pact is also a measure which calls for mandatory cuts in green house gases by industrialized nations.
Q. 14. Write a short note on the Kyoto Summit.
Ans. Kyoto Summit.- A summit to reduce global warming was held on December 1, 1997 in Kyoto City of Japan and an agreement to this effect was also signed. This summit was attended by the representatives of 159 countries. This agreement is popularly known as Kyoto Protocol or Kyoto Thermal Treaty. The following are main items of this historic agreement:
1. A proposal of 30 per cent cut in the emission of carbon dioxide by 2008-12 A.D. was presented by the island nations in the fear that the temperature is estimated to rise 2C to 3.5C at the present rate of global warming.
2. According to this agreement the industrial countries can have mutual transfer of fixed quota of cut in the emission of green house gases.
3. The Kyoto Protocol and agreement would automatically be invalidated if atleast 60 countries of the conference of parties do not endorse and implement its provisions. The Protocol has come into effect from 1999.
4. A Clean Development Fund would be established which would be funded by the fines realized from countries which flout the protocol.
One positive outcome of the summit is that the developed and developing countries accepted atleast in principle that some concrete steps should be initiated to check global warming.
Q. 15. Write short notes on the followings:
1. Ecology system.
2. Ozone depletion.
3. Acid rain.
4. Effects of Plastic on environment.
5. Environment management.
Ans. 1. Ecology System
Ecology, in a very simple term, is a science that studies the interdependent, mutually reactive and interconnected relationships between the organisms and their physical environment on the one hand and among the organisms on the other hand.
The system of ecology has been extended to the corresponding range of phenomena, research and problems. In that connection ‘ecology’ has been quite logically extended as well to the field of the interaction of society and its physical environment.
Ecosystem is a fundamental unit of ecological study because it comprises both biotic and abiotic components. In other ecosystem being a monistic concept brings physical environment, plants and animals together in a single frame-work which facilitates the study of interaction between biotic and abiotic components.
2. Ozone Depletion
There has been much hue and cry about the stratospheric Ozone since one or two decades and the issue now has assumed a global dimension because the problem of ozone depletion and its adverse consequence have threatened the existence of all forms of life in the biosphere. The presence of ozone layer in the atmosphere is very crucial and significant for plants and animals in general and human beings in particular because it provides a protective cover, known as earth’s umbrella to all of the organisms (including plants, animals, micro-organisms, and man) in the biospheric ecosystem against their exposure to ultra-violet solar radiation. In fact, ozone layer filters the solar radiation by absorbing unwanted ultra-violet rays and allowing only those radiation waves to reach the earth’s surface which are essential for the existence of life on the planet earth. Any change in equilibrium level of ozone shall adversely affect the life in the biosphere. Thus the growing concern for the depletion of ozone layer is not without reason and scientific evidences.
3. Acid Rain
The term ‘acid rain’ means acidification of the ecosystem by natural boiler which evaporates water from the sea, lakes and rivers and sends it down in the form of rain. Once the pure vapour enters in the atmosphere, it condenses on the solid particles and reaches equilibrium with atmospheric gases. Gases like carbon dioxide, sulpher dioxide, nitrogen oxide and chlorine from stationary and mobile sources (industries, power plants, and automobiles) are emitted into the atmosphere which combine with water vapour (in the presence of sunlight which acts as catalyst) and get transformed into carbonic acid, sulphuric acid, nitric acid and hydrochloric acid respectively. Acid rain is transboundary problem. Each country gets part of its acid fall out from its pollutants but receives the rest on the winds from the neighbouring countries. The United Nations is trying to tackle the problem of acid rain in consultation with member nations and preventive strategies are being worked out to save human health and harm to eco-system that is being caused due to acid rain.
4. Effects of Plastic on Environment
Plastics are packing wastes which include packaging of different materials. These packagings are generally used several times in different forms in developing countries but these are immediately discarded after their first use and hence present the problem of their disposal.
Municipal garbages of Indian cities generally comprise plastics and polythene bags. Disposal of such garbages has created ecological problem at it pollutes environment.
Rule 3(1) of Bio-Medical Wastes Rules, 1998 defines ‘plastic’ as material which contains as an essential ingredient a high polymer and which at some stage in its processing into finished products can be shaped by flow.
“Sustainable development is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs” [Brundtland Report 1983].
The conservation of environment to prevent its further degradation has become a global concern of the new millennium.
Nietoric Paris Pact (December, 2015)- The Paris Climate Agreement set forward an ambitious vision for tackling climate change globally. It focused attention on 10 principles which were unequivocally acknowledged as the imperatives of climate justice based on equity and common but differentiated responsibilities.
These principles are-
(1) The main aim of the pact was to keep global temperature wise well below 2 degrees celsius. In order to meet the target, countires were expected to peak green house gas emissions as soon as possible.
(2) Under the Agreement, all countries will communicate their climate targets every five years, starting from 2020. Targets must be submitted 9 to 12 months before they are finalised, allowing time for other countries and civil society to seek clarity about the targets submitted.
(3) Each target should reflect progress from the prior one, reflecting highest possible ambition that each country can achieve.
(4) The agreement put in place a mechanism to assess collective progress on global mitigation action using the best available science. This progress will start in 2018 and occur every five years.
(5) The mitigation components of the agreement, combined with broad push on innovation and technology will help scaling up energy investments over the coming years and will help cost reduction for renewable and other low carbon solutions.
(6) In order to make sure that all countries adhere to their commitments, the agreement establishes a robust transparancy system. It will send a signal that countries are serious about the targets they have set.
(7) A critical component of the Agreement is the transparancy frame-work agrees to by parties to ensure that all countries are on a level playing field with flexibility for those developing countries with less capacity.
(8) For the first time, the Agreement requires all countries to report on national inventories of emissions by source. It will give public an understanding of emissions and pollution in countries throughout the world.
(9) Also for the first time, countries are required to report an information necessary to track progress made in implementing and achieving the targets and strategies which countries have adopted.
(10) With a view to ensuring transparency requirement, the countries are subject to a comprehensive technical expert review process that analysis whether reporting is Online with the standard adopted.
24th Conference of Parties (CoP-24)
The 24th Conference of Parties (CoP) of the U.N. Framework Convention of Climate Change (UNFCCC) was held in Katowice (Poland) on December 2 to 15, 2018. In this Conference, the countries agreed on a operating manual called the “rulebook” needed for countries to follow when the global deal enters within force in 2020.
The International Community reviewed global emission reduction since 2015 at the First Talana Dilogue which took place at CoP-24 and discussed the step that can be taken to ensure reduce carban emission for the temperature to prevent catastrophic impact of climate change.
5. Environment Management
Environmental management is difficult to define because the term ‘environment’ in itself is complex as it is understood differently by different sections of society. The objectives of management of the environment are complicated, varied and even conflicting and the alternative strategies are divergent.
According to Dennis Meadows “The concept of environment management is generally related with the environment model which assures that food supply will grow with increased capital, annual agricultural inputs and land development, but on the other hand, it also includes important limits to all these factors, challenges to be faced and the policies to overcome the problem”
Q. 16. “Environmental Pollution has become an international problem.” Discuss various developments in this regard.
Or
Describe the measures which have been taken for the prevention of environmental pollution on the International level.
Or
What development has taken place in the area of environment at the level of UNO? Explain.
Ans. International efforts for the protection and preservation of the global environment started with the convening of the Stockholm Conference on human environment in 1972. The U.N. Conference on Human Environment and Development at Stockholm in 1972 is considered to be the Magna Carta of environment protection. It was for the first time people of all countries came to deliberate seriously on an important issue of environment protection. This conference adopted “Stockholm Declaration on Human Environment.” This Declaration besides preamble, consists of seven universal truths and twenty-six-principles. It proclaims that man is both creator and moulder of his environment which gives him physical sustenance and affortds him the opportunity of intellectual, moral, social and spiritual growth. Such aspects of man’s environment, the natural and man made, are essential to his well being and to the enjoyment of basic human rights even right to life as well.
The protection and improvement of the human environment is a major issue concerning well-being of people and economic development throughout the world. The world community has come to a point in history when we must shape our actions throughout the world with a prudent care for environmental consequences. Defence and improvement of human environment for the present and future generations has become an imperative goal for mankind to be pursued together with, and in harmony with, the established and fundamental goals of peace and of world-wide socio-economic development. Achievement of such environmental goal will require acceptance of responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts.
Further, the concept of sustainable development has been evolved to resolve the conflict between economic development and environment.
Q. 17. What is Stockholm Declaration? Discuss its principles in brief.
Or
“Stockholm Declaration is the first document to the environmental protection on international level.” Explain this statement.
Or
“Stockholm Declaration is the Magna Carta of Environmental Protection.” Describe this statement.
Ans. Stockholm Declaration. The United Conference on Human Environment having met at Stockholm from 5th to 16th June, 1972 considered the need for a common outlook and for common principles to inspire and guide the people of the world in the preservation and enhancement of the Human Environment. The Declaration on Human Environment Protection proclaims:
1. Man is both creator and moulder of his environment which gives him physical sustenance and affords him opportunity of intellectual, moral, social and spiritual growth. Man has acquired the power to transform his environment in countless ways.
2. The protection and improvement of human environment is a major issue which affects the well being of people and economic development throughout the world.
3. Man has constantly to sum up experience and go on discovering. inventing, creating and advancing.
4. Man has special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat. Nature Conservation, including wildlife, must receive importance in planning for economic development.
5. The discharge of toxic substances or of other substances and release of heat, in such quantities or concentration as to exceed the capacity of environment must be halted to render them harmless. The just struggle of the people of all countries against pollution should be supported.
6. The economic and social development is essential for ensuring a favourable living and working environment for man and for creating conditions on earth that are necessary for the improvement of the quality of life.
7. Planning must be applied to human settlements and urbanization with a view to avoiding adverse effects on the environment and obtaining maximum social, economic and environmental benefits for all persons.
8. Man and his environment must be spared of the effects of nuclear weapons and all other means of mass destruction.
The Conference call upon governments and people to exert common efforts for the preservation and improvement of the human environment for the benefit of all the people and for their prosperity. Human environment is, thus, an environment relating to humanity and for the benefit of mankind in general.
Stockholm Declaration is the Magna Carta in Environmental law. It is foundation stone of International Environmental Law.
Q. 18. Write a note on the Earth Summit or Rio Summit, 1992.
Or
What is Rio declaration? Explain in detail.
Or
What is the Earth Summit Agreement? Explain its principles.
Ans. Earth Summit. The United Nations Conference on Environment and Development (UNCED) popularly known Earth Summit was held in June, 1992 at Rio De Janerio wherein more than 170 countries participated. This was the largest UN conference ever held. UNCED’s mission was to put the world on a path of sustainable development which aims at meeting the needs of the present with compromising the ability of future generations to meet their own needs. The Earth Summit was held with the view to provide principles of economic and environmental behaviour to individuals and nations of the world community. In reality UNCED heralded a new global commitment to sustainable development, premises on interconnectedness of human activity and environment. The Earth Summit was inspired and guided by a valuable document of 1987. Le., Brundtland Report. The Earth Summit forced the people world-wide to think how their lives affect natural environment and resources.
The right to development must be fulfilled as to equitably meet development and environmental needs-
Principle in order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from its Principle.
States shall cooperate in a global partnership to conserve, protect and restore health and integrity of the earth’s ecosystem.
Environment impact assessment, as a national instrument shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.
These are the fundamental principles of Rio-declaration.
Q. 19. Write short note on Agenda 21.
Ans. Agenda 21. Agenda 21 is the monumental centerpiece agreement adopted by all participating nations at the Earth Summit in Rio De Janerio, Brazil. Agenda 21 is a comprehensive global plan of action to control and overcome their most pressing environmental problem. Agenda 21 is a dynamic programme. It was adopted at UNCED as voluntary action pları. It is known as Agenda 21 because it is intended to provide an agenda for local, national, regional and global action into the 21st Century. UNCED Secretary, General Maurice called Agenda 21 “the most comprehensive, the most far-reaching, and if implemented, the most effective programme of international action ever sanctioned by the international community.” Boutros Ghali, the United Nations General Secretary, in his opening address to the United Nations General Assembly, in September, 1992 said that Agenda 21 is “a comprehensive and far reaching programme for sustainable development and it constitutes the centerpiece of international cooperation and coordination activities within the United Nations System for many years to come.” Remarking further he observed that binding on the spirit of Rio, the implementation of Agenda 21 must be seen as an investment in our future. The Preamble of Agenda 21 which outlines its purpose, scope and intent, inter alia, says: “Humanity stands at a defining moment in history, “we are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill-health and illiteracy and the continuing deterioration of the ecosystems on which we depend for our well being. However, integration of environment and development concerns and greater attention to them will lead to the fulfilment of basic needs, improved living standards for the better protected and managed ecosystems.
Q. 20. Discuss the various provisions of Indian Constitution concerning Environment Protection.
Or
“India is the first country to provide constitutional protection to the environment.” Support the above statement by citing constitutional provisions and elucidate them.
Ans. Constitutional Provisions concerning Environment Protection. The Constitution (Forty-second Amendment) Act, 1976, added a new Part IV (A) dealing with fundamental duties to the Indian Constitution. Article 51-A enlists eleven fundamental duties of which one is the duty to protect and improve natural environment. It is notable that this Part was added on the recommendations of Swaran Singh Committee bringing the Indian Constitution in line with Article 29 (1) of the Universal Declaration of Human Right. Article 51-A (g) deals with the fundamental duty with respect to environment. It provides as follows:
“It shall be the duty of every citizen of India to protect and improve the natural environment including forests lakes, rivers and the wildlife and to have compassion for living creatures.”
Fundamental duty with respect to environment is intended to promote people’s participation in the protection of environment. Further, it is important to note that the protection of environment is a matter of constitutional priority. Environmental problem is the concern of every citizen. Neglect of it is in invitation of disaster.
The nature has given us the gift of pollution free environment Article 51-A (g) refers to natural environment’. The fundamental duty imposed on every citizen is not only to protect environment from any kind of pollution but also to ‘improve the environment quality if it has been polluted. In this way, the underlined emphasis of this fundamental duty is that every citizen has a duty to make an endeavour to preserve the environment in the same way as nature has gifted all of us.
The constitutional provision contained in Article 21 guarantees right to life and liberty to all persons. It provides “No person shall be deprived deprived of his life or personal liberty except according to procedure established by law”.
The Supreme Court has given an expanded definition to the word ”ife’ under Article 21 of the Constitution. While safeguarding the rights of humans, it also includes constitutional protection to all forms of life including animal life. Thus, animals also have a right against the human beings not to be tortured and not to be inflicted unnecessary pains and suffering.
In M.C. Mehta v. Union of India, (2018) 14 SCALE 263, the Supreme Court reiterated that Article 21 includes the right to a decent environment which is within the scope of right of a citizen to live in a clean environment.
Q. 21. Discuss in brief the role played by judiciary for the development of Environmental Law.
Or
Discuss the contribution of Judicial Activism for Environmental Protection.
Ans. Contribution of the Indian Judiciary in the development of Environmental Protection. In early 1980’s the role of higher judiciary in India underwent a hot transformation. A new and radically different kind of cases altered the litigation landscape. Instead of being asked to resolve private disputes, the Supreme Court and High Court Judges were asked to deal with public grievances over flagrant human right violation by state or to vindicate the public policies embodied in statutes or Constitutional provisions. This new type of judicial strategy is conceptually called “Public Interest Litigation”.
In R. L. and E. Kendra Dehradun v. State of U.P., AIR 1985 SC 652 the facts were that certain limestone quarries were closed on basis of judicial decision. The Court considered the issue of the workers who were rendered unemployed on account of closure of the lime-stone quarries and the hardship of the lessees. Considering these matters the Court observed “this would undoubtedly cause hardship to them, but it is a price that has to be paid for protecting and safeguarding the right of the people to live in healthy environment with minimal disturbance of ecological balance and without avoidable hazards to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment.” For mitigating the hardship, the Court directed the State of U.P. to give priority to the claims of displaced lessees in other parts of the State thrown open for the closure of quarrying of lime stone. It was further held by the Court that the workers may be rehabilitated in programme of afforestation and soil conservation to be undertaken in the reclamation of the area by the Eco- Task Force of the Department of Environment which were not relocating/shifting or closing down according to the earlier directions of the Court. This case shows how the Supreme Court protected the right of livelihood of the workmen and sought to balance the industrial development and environmental protection.
In M.C. Mehta v. Union of India, (1991) 2 SCC 353 a public interest litigation petition was filed to protect Delhi from the environmental pollution caused by hazardous / heavy/large/industries which were in operation in Delhi. Deciding the petition, the court held that such industries are liable to be shifted/relocated to other towns of National Capital Region (NCR) as laid down under the Master Plan for Delhi Perspective, 2001. The Court issued directions to 168 industries, which were identified as such to stop functioning/operating in the city of Delhi and they could shift or relocate themselves to any other industrial estate in National Capital Region (NCR).
For mitigating the hardship of such employees who were affected by the judicial order, the court specified the rights and benefits to which workmen en.ployed in the 168 industries were entitled on relocating/shifting of such industries. Later on, the Supreme Court also issued the package of compensation for workmen employed in industries.
In M.C. Mehta v. Union of India, (1996) 4 SCC 750, the Supreme Court ordered the shifting of 168 hazardous industries operating in Delhi as they were causing danger to the ecology and directed that they be reallocated lands to the National Capital Region (NCR) as provided in the Master Plan for Delhi. The Court directed these industries to close down w.e.f. 30.11.1996. The Court gave necessary specific directions for the protection of the rights and benefits of the workmen employed in these industries. Likewise, in S. Jagannath v. Union of India, AIR 1997 SC 811, the Supreme Court directed shrimp (small fish) culture industry to stop operation in the ecological fragile coastal area as they are affecting environment and coastal ecology.
In K. M. Chennappa v. Union of India, AIR 2003 SC 724, the Supreme Court has stated that “Enjoyment of life and its attainment including the right to life with human dignity incompasses within its ambit the preotection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed.
In M.C. Mehta v. Union of India, 2018 (14) SCALE 263, the Apex Court reiterated that Article 21 of the Constitution includes the right to a decent environment, which is within the scope of right of a citizen to live in a clean environment. In case there is a conflict between health and wealth, obviously, health will have to be given, precedence. The Court enumerated that the effect of pollution on the environment and health is so huge that it cannot be compensated in the marginal extra profits that the manufacturer of vehicles which are technologically much more advanced than even BS-IV compliant vehicles. The amount spent on countering the ills of pollution such as polluted air damaged lungs and the cost of health care far outweigh the profits earned by the vehicle manufacturers. The need of hour is to move to a cleaner fuel as early as possible and therfore, no vehicle conforming to the emission standard of B.S.-IV shall be sold or registered in the entire country with effect from April 1, 2020.
In Arjun Gopal v. Union of India, (2018) 14 SCALE 209, while allowing only ‘green’ fireworks to be maintained and sold during Diwali days or any other festivals, the Apex Court made an endeavour to strive at balancing two rights, namely right of petitioners under Article 21 and right of manufacturers and traders under Artcle 19(1)(g).
While refusing to impose close ban on the sale of fireworks, as it may lead to extreme economic hardships, the Court permitted production and manufacturing of fireworks which do not contain harmful chemicals and thereby do not cause air pollution. The Court termed these fireworks as “green crackers”.
In Pallav Granite Industries (India) Ltd. v. Union of India, (2007) 15 SCC 30, the Supreme Court held that work of sand mining at the sea coast of Kerala could be assigned only to Central Government’s PS Units so that the private industrialists could not pollute the environment by indiscriminate mining in the coastal region.
In M.C. Mehta v. Union of India, the Apex Court directed that only those new taxies be accepted for registration which operate on dual fuel.
The Supreme Court has substantially also made a significant contribution in the effective implementation of the National Forest Policy through its judgments in environmental cases.
In T. N. Godavarman Thirumulpad v. Union of India, (MANU/SCOR/23024/2019], the Surpeme Court ordered removal of encroachment from Thatkola Reserve Forest and some other forests in the State of Karnataka cancelling the lease which was illegally granted to the encroachers. The Court pulled up the State of Karnataka and Kerala for lackasdical approach in following the Forest Conservation Policies which was adversely affecting the environment of these regions.
In T. N. Godavarman Thirumulpad v. Union of India, [decided on 29th July, 2018] the Surpeme Court directed the State of Karnataka to obtain statutory approval required under Section 38 of the Wild Life Protection Act, 1972 before undertaking road construction and road development activities in the Rajaji Tiger Reserve Park.
In Alim v. State of Uttarakhand, [MANU/U/C/0567/2018, decided on 10 August, 2018 Uttarakhand High Court (DB)], the Uttarakhand High Court invoking parens patriae doctrine, issued directions to the respondents that no person shall slaughter or offer for slaughter any cow, bull, bullock, hiefer or calf forthwith and no person shall export directly or indirectly through agent or servant, the slaughter stuff. Prosecution should be launched under Sections 289/428/429 and other provisions of IPC against the owner of any cattle which are found on streets, roads or public places.
In Karuna-A Society for Protection of Nature and Animals v. Union of India, (2016) 14 SCC 303, the Apex Court directed the Central and State Governments to ban the use, sale and disposal of plastic bags and entrusted its monitoring to the National Green Tribunal (NGT). The Court observed that it is the constitutional duty of the Governments to ensure safety and security of human and animal life.
Q. 22. Discuss the facts and decision of a case decided by the Supreme Court of India relating to environmental pollution.
Ans. Vellore Citizens Welfare Forum v. Union of India, [AIR 1996 SC 2715] The facts of the case were that a number of tanneries were discharging intricated trade effluent into agricultural fields, roadsides, water ways and open land. The trade effluent which was a mixture of many injurious chemicals and other substances and raised bad odour in the atmosphere, ultimately drained into the river which was the main source of water supply to the residents of Vellore City. A group of citizens named Vellore Citizens’ Welfare Forum filed a public interest writ petition requesting for issue of a writ directing the Government of India to perform its duty to prevent the flow of environmental pollution and polluted water of the tanneries.
When the case came up to the Supreme Court of India, for decision, the Court laid down that in view of the constitutional provisions contained in Articles 21, 47, 48-A and 54-A (g) and other relevant statutory provisions contained in the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Environmental Protection Act, 1986, the “precautionary principle” and the “polluter pays principle” are the parts of the environmental law of the land.
It is thus clear that two basic principles of sustainable development can be derived from these statutory provisions and the right of people under Article 21 of the Constitution.
Clarifying the precautionary measures for environmental protection, the Court observed-
1. State Government and statutory authorities must anticipate, prevent and attack the causes of environmental degradation.
2. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
3. The onus of proof is on the actor or the developer or industrialist to show that his action is environmentally benign.
The Court also laid down that “it is almost an accepted proposition of Law that Rules of Customary International Law which are not contrary to the municipal law shall be deemed to have been incorporated in the domestic law and shall be followed by the Courts of Law.”
The Supreme Court directed the High Court of Tamil Nadu to constitute a special “Green Bench” to deal with the case and other environmental matters, and ruled that for prevention of the pollution of river water, the use of primary treatment plant by tanneries is compulsory. directed the Central Government to constitute an Authority in accordance with the provisions of Section 3 (3) of the Environment Protection Act and to invest this Authority with all powers to deal with the situation created by tanneries and other polluting industries in the State of Tamil Nadu and observed-
“The main purpose of the (Environment) Act is to create an authority or authorities under Section 3 (3) of the Act with adequate power to control pollution and protect environment. It is a pity that till date no authority has been constituted by the Central Government. The work which is required to be done by an authority in terms of Section 3 (3) read with other provisions of the Act, is being done by this Court and the other Courts in this country. It is high time that the Central Government realizes its responsibility and statutory duty to protect the degrading environment in the country.”
The decision in this case is an epoch-making one in that-
1. It applied the provisions of Articles 21, 48-A and 51-A (g) of the Constitution to environmental protection, recognizing citizens’ fundamental duties as carrying with them their goal to goad the Government to do its duty to protect environment and enforceability of the Directive Principles of State Policy.
2. It laid down the principles for determing limits of sustainable development.
3. It recognized the general right of people individually or through forums to sue by way of PIL writ petition for environmental protection.
4. It charged the Government of its duty to protect environment.
5. It recognized that the provisions of Customary International Law unless they are contrary to municipal law, are to be enforceable by the Indian Courts.
As a sequal to this decision, the Central Government constituted the Loss of Ecology (Prevention and Payment of Compensation) Authority with power to implement the “Polluter Pays” and “Precautionary Principles, for the State of Tamil Nadu, and “Environment Impact Assessment for the National Capital Region”, and Environment Pollution (Prevention and Control) Authority.
Q. 23. What are the remedies available against the polluters? Discuss.
Or
Discuss briefly the remedies of injunction and damages against Polluters.
Ans. Remedies available against the Polluters. Injuction is a form of common law remedy for environmental pollution which may require a polluter to refrain from doing a particular thing or to do a particular thing. Injunction may take the form of temporary injunction or perpetual injunction. Sections 94 and 95 alongwith Order 39 of Civil Procedure Code, 1908 deal with the grant of temporary injunction. In addition, Indian Courts have inherent power to grant a temporary injunction even in cases not covered within the scope of Order 39 if the Court is otherwise satisfied that the interests of justice so require. The grant of perpetual injunction is governed by Sections 37 to 42 of the Specific Reliefs Act, 1963. The purpose of the grant of perpetual injunction in cases of environmental pollution is to restrain the polluter indefinitely from resorting to polluting activity.
Injunctive relief can be granted on an interlocutory application which means an application made at any stage between the commencement and end of the suit.
Damages. Damages as means of reparation in common law refer to pecuniary compensation for tortious act. The common law emphasis on damages is not found in Indian jurisprudence because the damages awarded in India for tortious acts are too low and have no deterrent effect on the polluter. The value of damages as a form of reparation in India is further diluted due to the fact that the adjudication of cases is embedded with lengthy delays. The award of normal damages by the Indian Courts for the acts of environmental pollution defeat the basis and the objective underlying the “damages theory” which is to deter the wrongdoer.
The approach of Indian Courts has, however, undergone a change recently. The continuing efforts of the Supreme Court to embrace judicial activism have led the Supreme Court to award exemplary damages when environmental harm results from an enterprise’s hazardous or inherently hazardous activity as in the Oleam Gas Leak case.
In Delhi Airtek Services (P) Ltd. v. State of U.P., AIR 2012 SC 513, the Apex Court observed that the officials of the State Pollution Control Board should be conscious of their duties toward the public and society and ensure strict compliance of environmental laws for the sake of preservation of pollution free ecosystem and ecology. They should discharge their duties as trustees of the public on behalf of the State.
Q. 23-A. Write short notes on-
(a) Polluter pays principle,
(b) Precautionary principle,
(c) Public trust doctrine.
Ans.
(a) Polluter pays principle
‘The polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the cost of managing it to prevent damage to human health and environment.
As a matter of fact, this principle was accepted and included in Principle 4 of the Stockholm Declaration, 1972, but it was legally and internationally recognised as a substantive principle of environmental law under Principle 16 of the Rio Declaration, 1992.
The Indian Environmental Law (Sections 3 and 5 of the Environment Protection Act, 1986) recognises the “Polluter pays” principle as a fundamental objective of Governmental policy to prevent and control environmental pollution.
The object of “Polluter pays” principle is to prevent the cause which is likely to result in damaging the environment at its source so that damage does not occur. The expenses incurred in adopting measures for prevention of the pollution should be recovered from the polluter, i.e., the industrialist.
In M.C. Mehta v. Kamal Nath, (2000) 4 SCC 213, the Supreme Court observed that ‘Polluter pays’ principle has been recognised as fundamental objective of Government’s environmental policy to prevent and control pollution. The Court said that a person guilty of causing pollution has to pay damages for restoration of environment and ecology.
In Research Foundation for Science (18) v. Union of India, (2005) 13 SCC 186, the Apex Court made it clear that this principle should not be misunderstood to mean that the polluter can be allowed to cause damage and made to pay the same. The nature and extent of cost shall, however, differ from case to case depending upon the circumstances of the case.
The Supreme Court in Vellore Citizen Welfare Forum v. Union of India, (1996) 5 SCC 647, declared that ‘the precautionary principle and the ‘Polluter pays principle are part of environmental jurisprudence of this country. These principles have been accepted as a part of the law of the land as Article 21 guarantees the protection of life and personal liberty. There is also a constitutional mandate to protect and improve the environment under Articles 48-A and 51-A (g).
(b) Precautionary principle
The precautionary principle has received legal recognition in almost all of the the international instruments and has now become an integral part o United Nations Environmental Progranane. The European Community has adopted the principle in the Bergen Declaration on Sustainable Development, 1990 and reiterated that environment related actions should predict, prevent and suppress environmentally harmful factors.
Similarly, the World Conservation Union, the U.N. Environmental Programme and World Wide Fund for Nature jointly produced a document title Caring for the Earth in 1991, which stated that precautionary principle should form a basis of decision, making on substainable development.
Precautionary principle may be considered as a strategy for the implementation of sustainable development. That is, in order to achieve the goal of sustainable development, precaution has to be taken that today’s available resources are preserved for future generations.
In Research Foundation for Science (18) v. Union of India, (2005) 13 SCC 186, the Supreme Court observed that precautionary principle generally “describes” an approach to the protection of environment or human health based on precaution even when there is no clear evidence of harm or risk of harm from an activity or sustance. It is a part of the principle of sustainable development and provides for taking precaustions against specific environmental hazards by avoiding or reducing environmental risks before specific harms are caused.
Beginning with Vellore Citizens’ Welfare Forum v. Union of India, (1996) 5 SCC 647, the Supreme Court explicitly recognised the precautionary principle as a principle of Indian Environmental Law in a number of subsequent cases. Justice Kuldeep Singh of the Supreme Court in Vellore Citizens’ case, (1996) 5 SCC 647, laid down the following rules with regard to the precautionary principle:-
1. The State Governments and local authorities are supposed to anticipate and then prevent the cause of environmental degradation. They are supposed to check the activity which is damaging for environment.
2. Merely because there is a lack of scientific knowledge as to whether a particular activity is causing degradation, it should not stand in the way of the Government.
3. The onus of proof is on the actor (i.e., the person who does the activity) or the developer industrialist to show that the action was environmentally friendly. In order to achieve the above, the following precautions are supposed to be taken-
1. The decision should be based on best possible scientific information and analysis of risk;
2. When there is uncertainty but potentially serious risk exists, even then precautionary measures are supposed to be taken;
3. Ecological impacts should be given paramount consideration, more so when resources are non-renewable or where the result is irreversible.
4. The indication of the cost should be made directly to the person who if does not take precaution, can be called upon to meet the expense-a subject which may fall under the head “polluter pays principle”.
In Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664, the Apex Court explained that “where there is a state of uncertainty due to lack of data or material about the extent of damage or pollution likely to be caused, then in order to maintain ecological balance the burden of proof that the said balance will the maintained, must necessarily, be on the industry or the unit which is likely to cause pollution.
(c) Public Trust Doctrine
The Public Trust Doctrine is based on the assumption that natural resources like air, water, sea, forests being the gift of the nature, should be freely available for use to everyone as there can be no private ownership over these resources. The principle of trust enjoined a duty upon the State to protect these natural resources for the benefit and enjoyment of the general public and not to permit private ownership over them. The principle does not permit the State to transfer natural resources to private parties. The principle underlying the doctrine of public trust pre-supposes that the State holds the natural resources as a trustee for the benefit of the people who are the real beneficiaries of this natural resource property. Therefore, the State i.e., the Government is under an obligation to hold it on behalf of the people and especially for the benefit of future generation. [Fomento Resorts and Hotels Lid. v. Minguel Martins, (2009) 3 SCC 571]. The natural resoruces whether renewable or non-renewable, have immense ecological value.
Every person who exercises his right to use natural resources like air, water, land, has a duty to make a sustainable use of them so as to make sure that others are not deprived of their similar right (of use) and it does not adversely affect the environment and the ecosystem. Professor Joseph L. Soex has pointed out that in order to implement the principle of public trust, the following restrictions should be imposed on State authorities-
1. The natural resources which are the subject of public trust should only be allowed to be exploited for public interest or benefit of the people in general.
2. These resources are not saleable nor does the State have ownership over them. The State owns them only as a trustee.
3. These resources should be protected and used in a manner that they are not completely exhausted so as to preserve them for the future generation.
The Supreme Court has declared the doctrine of public trust as the law of the land and invoked it in a number of its decisions. The decision of the Supreme Court in M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388, is a landmark pronouncement on Public Trust Doctrine as a salient feature of sustainable development. In this case, Justice Kuldeep Singh observed that natural resources, like air, water, land, sea, lakes, forests etc. are the unique gifts of nature to the mankind and, therefore, they cannot be made subject of private ownership. They are meant only for public use and State is under an obligation to protect them as a trustee and not as a owner thereof.
The nature and man have always been supplemental to each other and their relationship is overlasting. Then why mankind is bent upon destruction of natural resources rather than preserving them.
In M.I. Builders (P) Ltd. v. Radhey Shyam Sahu, (1999) 6 SCC 464, the Supreme Court applying the public trust doctrine held the Mahapalika liable for violation of duties as trustee of natural resources, i.e., public park in this case.
In Fomento Resorts and Hotels Ltd. v. Minguel Martins, (2009) 3 SCC 571, the Apex Court again reiterated that natural resources including forests, water bodies, rivers, sea-shores etc. are held by the State as a trustee on behalf of the people and for future generations. These being common public resources, people are entitled to their uninterrupted use. Therefore, these cannot be transferred by the State to private parties and where such transfer interferes with the public rights, the Court can invoke public trust doctrine and take affirmative action for protecting people’s rights.
Applying the public trust doctrine in environment related cases, the Supreme Court in Reliance Natural Resources Ltd. v. Reliance Industries Ltd., (2010) 7 SCC 1, reiterated that the States holds natural resources like water, air, forest, minerals etc. as a trustee for the benefit of the people who are the real beneficiaries of these resources. The Court, inter alia, observed:
“The constitutional mandate is that the natural resources belong to the people of this country. The word ‘vest’ used must be seen in the context of public trust doctrine. It is the duty of the Government to provide complete protection to the people at large and not in its own private interests.”
The Supreme Court in Monnet Ispat and Energy Ltd. v. Union of India, JT 2012 (7) SC 50, observed that air, water, land, forest, coastal zones etc. are valuable natural resources and as such essential elements of natural environment. These resources may be renewable or non-renewable. They provide economic and social services to human society and are considered as valuable assets in their natural forms. Like rivers and forests, minerals are also valuable natural wealth and are vital raw materials for infrastructure, capital goods and industries. These resources are hold by the State in trust for the use and enjoyment of the public who are the real beneficiaries thereof and the State has to protect and conserve them as a trustee.
Q. 24. What are the various provisions for protecting environment in Indian Penal Code? Write in detail.
Ans. Indian Penal Code providing for Criminal Liability to protect environment. For the environment protection following are the provisions in Indian Penal Code:
Section 268 of the Indian Penal Code (IPC) defines public nuisance and Section 290 provides punishment for public nuisance in cases not otherwise covered. Accordingly, under these provisions any act or omission of a person which causes injury to another person by polluting the environment can be subjected to control. Thus, noise pollution can also be controlled by invoking Section 268.
Sections 269 to 271 deal with negligent act likely to spread infection of disease dangerous to life and make the same punishable. The punishment provided for such offence is imprisonment upto six months or with fine or both. In this way if any act causes pollution spreading the infection of disease dangerous to life, the same can be controlled by punishing the person who is responsible for such act.
Penal provisions under Sections 272 to 276 deal with adulteration of food, drinks and drugs. Section 277 can be invoked to prevent water pollution in certain cases. The provision under this section lays down that fouling of water of public spring, well or reservoir rendering it less fit for purposes for which it is generally invoked shall be punishable with imprisonment upto three months or with fine upto rupees five hundred or both. It is notable that the act of fouling water must be voluntary and not due to ignorance.
The Indian Penal Code (IPC) can be invoked to prevent pollution of atmosphere noxious to the health of people in general.
Further, the Indian Penal Code (IPC) can also be invoked to prevent negligent handling of poisionous substances, combustible materials and explosive substances which are likely to cause environmental pollution.
Q. 25. Discuss the protection and remedies available to a victim of pollution under the Law of Torts.
Or
Explain the remedies against the pollution which are available under the common law as well as Indian Law of Torts.
Ans. Remedies against Pollution in Law of Torts. Remedies which are available to a victim of pollution under the Law of Torts are available under common law also in England. Common law means Customary Law of England derived from judicial decisions. Majority of pollutions cases in tort fall under the following three categories:
(a) Nuisance,
(b) Negligence,
(c) Strict Liability.
(a) Nuisance. The roots of Environmental Law can be found in the Common Law concept of nuisance. The definition of pollution under the Water Act, goes to show that contamination of water can be said to be pollution, when it may or is likely to create a nuisance.
Nuisance, ordinarily means anything which annoys, hurts or that which is offensive. According to Stephen, “nuisance is anything done to the hurt or annoyance of lands, tenements or hereditaments of another not amounting to trespass. The term, “nuisance” is derived from the French word “nuise” that means to do hurt, or to annoy.
Nuisance can be divided into two categories-Private Nuisance and Public Nuisance.
Although, both categoires have substantial nexus with environmental management, the law of public nuisance has a predominant connection with environmental law.
Public Nuisance. Public Nuisance denotes an interference with a right common to the general public. A public nuisance is defined in Section 268 of the Indian Penal Code as follows:
“A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury. obstruction, danger or annoyance to persons who may have occasion to use any public right.”
“A public nuisance is not excused on the ground that it causes some convenience or advantage.”
A negligent act resulting in an infection that is dangerous to life, and the acts of adulteration of food, drinks and drugs are offences inviting punishment of varying nature. Contamination of water of public spring or reservoir is made unfit for public use.
Public nuisance does not create a civil cause of action for any person. An individual may, however, have a right of action in case of public nuisance if:
(a) he can show a particular injury to himself beyond that which is suffered by the rest of the public;
(b) injury was direct and not a mere consequential injury;
(c) injury caused was of a substantial nature.
Public nuisance is both a tort and a crime. Different standards are applied to determine the nature of nuisance in different areas. For example, if the boiler of factory is generating lot of noise in industrial area, it may not be said to amount to nuisance. But the position will be different if the same boiler is in the residential area, the noise caused by it, will amount to nuisance.
Public nuisance creates civil cause of action. Only when the harm is of such a nature, that it may affect a larger number of people it attains the character of public nuisance, but the extent of harm may not be ascertainable. Nor will it be easy for the Court to quantify the damages and apportion of them. The court may also find the problem of standing as a hurdle. Such crisis has been sought to overcome by tailoring certain techniques into our legal system. One method is found in the Code of Civil Procedure, under which the Advocate-General or with the leave of the Court, two or more persons, can institute a suit, whether or not special damage is caused to such persons. A suit may be filed in case of public nuisance or other wrongful acts affecting or likely to affect the public. The remedy may be either a declaration or injunction or any other relief as may be appropriate under the circumstances of the case. Although, it is not often used, this provision is reservoir for class action against environmental violations. Another method was adopted in the Bhopal’s case to overcome the difficulties of class.
(b) Negligence. The law of negligence is based on fault system. For succeeding in negligence there must be some fault. Three main requirments of negligence are that (a) the duty of care is owed by the defendant to the plaintiff; (b) that the defendant has breached that duty; and (c) that there has been foreseeable damage resulting from the breach.
If there is a duty to take care but care is not taken and it results in some harm to another person, then it can be said that there was negligence. It is founded on the principle of fault. In order to succeed in negligence, there must be some fault on behalf of the defendant. In the matter of environment, the tort of negligence is invoked when other torts such as, nuisance and trespass are not available. For success in action for negligence, it has to be established that there was direct link between the negligence and the harm caused. Moreover, it has to be proved that the person guilty of negligence has not taken due care which he was required to take under the law.
In Naresh Dutt Tyagi v. State of U.P., 1989 Cri LJ 1499, chemical pesticides were stored in a godown in the residential area. Fumes emanating from the pesticides leaked to the contiguous property through ventilators resulting in death of three children and an infant in the womb of the mother. In this case, it was held that there was negligence in clear form.
(c) Strict Liability. The rule of strict liability was laid down by Blackburn J. in Rylands v. Fletcher, (1868) LR 325 L 330, enunciating that the person who for his own purpose brings on his land and collects and keeps something there likely to do mischief if it escapes, must keep it at its peril and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
The rule of strict liability has been overruled by the Supreme Court in M.C. Mehta v, Union of India, AIR 1988 SC 982.
Absolute liability. Absolute liability for the harm caused by industry engaged in hazardous and inherently active activities is a newly formulated doctrine free from the exceptions to the strict liability rule of England. The Indian rule was evolved in M.C. Mehta v. Union of India, AIR 1988 SC 982. It was a public interest litigation (PIL) under Article 32 of the Indian Constitution by a public spirited lawyer seeking the closure of a factory engaged in manufacturing hazardous products. While the case was pending oleum gas leaking out from the factory affected several persons. There was death of one person living in the locality. For award of compensation to the victims, applications were immediately filed. It was open to the Supreme Court to avoid a decision on disposal of the applications by asking parties to approach appropriate subordinate court by filing suits for compensation. However, the Court proceeded to enunciate the general principle of liability of industries engaged in hazardous and inherently dangerous activity.
Mr. P. N. Bhagwati CJ (as he then was) enunciated the principle of absolute liability in these words “An enterprise which is engaged in a hazardous or inherently dangerous industry which poses a threat to the health and safety of the persons working in the factory and those residing in the surrounding areas owes an absolute and not delegable duty to the community to ensure that no harm results to any one on account of hazardous or inherently dangerous activity which it has undertaken. The industry must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with highest standards of safety and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to say that it had taken all reasonable care and that the harm occured without any negligence on its part”.
The above ruling was subsequently followed in Union Carbide Corporation Ltd. v. Union of India, 1994 Supp (3) SCC 328].
Q. 26. Define the following terms, as defined under the Environment (Protection) Act, 1986:
Environment, Environmental Pollutant, Environmental Pollution, Hazardous Substance, Occupier, Handling.
Ans. Environment. According to Section 2(a) “environment” includes water, air and land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property.
Therefore Environment includes:
1. Water, air and land
2. Inter-relationship between water, air and land
3. Human beings.
4. Living creatures, plants, micro-organism and property.
Environmental Pollutant. According to Section 2(b) “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.
Environmental Pollution. According to Section 2(c) “environmental pollution” means the presence in the environment of any environmental pollutant.
Hazardous Substance. According to Section 2(e) “hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment.
Occupier. According to Section 2(f) “occupier”, in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance.
Handling. According to Section 2(d) “handling”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer of the like of such substance.