PRO F04

ENVIRONMENTAL LAW – LECTURE NOTES—PREPARED BY M.ARAVIND KUMAR

UNIT - I
BIO-GEOGRAPHICAL ASPECTS OF OUR ENVIRONMENT

 MEANING OF ENVIRONMENT

 THE ENVIRONMENT

 THE BIO SPHERE

 ECOLOGY

 ECO SYSTEM

 MAJOR ECOSYSTEMS OF THE EARTH

 FOOD CHAIN AND FOOD WEB

MEANING OF ENVIRONMENT

 ‘Environment’ simply means ‘surrounding’ and that is way Einstein defined it, as
“Environment is everything that isn’t me”. Obviously, ‘environment’ is a concept that
is relative to whatever object it is which is surrounded. If used in that sense,
environment could include virtually anything and everything.

 Hence, there is need for a specific definition for the word ‘environment’. The
Environment Protection Act, 1986, defines ‘environment’ as “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”.

 ‘Environmental Law’ refers to that to set of enforceable rules and principles

regulating the activities of persons, natural or legal, which have impact on
‘environment’. To be more precise, “Environmental law is an instrument to protect
and improve the environment and control or prevent any act or omission polluting or
likely to pollute the environment.”

THE ENVIRONMENT

 The environment is everything that surrounds you, including the natural environment
can be classified into two divisions :

 (1) the physical environment, which includes non-living things, such as land, air and
water; and
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 (2) the biological environment, which includes all life forms including the plants,
animals and other living organisms.

 The physical environment can be further classified into the three basic states of
physical matter: solid, liquid and gas. This division creates four “spheres” that
compose the natural environment.

 The three physical sphere are called:

 The Lithosphere (“lithos” = rock)

 Hydrosphere (“hydro” = water)

 And Atmosphere (“atmos” = vapour).

 The biological environment is called the Biosphere (“bios” = life)

THE BIO SPHERE

 We live on the earth, which is a unique planet in the solar system. Its uniqueness lies
in that its environment is favorable for the evolution and survival of various forms of
life.

 The Layer of air, which surrounds the earth, consists of oxygen, which is very vital
for survival of all forms of life. The moderate temperature conditions enable water to
be present in large quantities in the earth in all the three states viz., solid, liquid and
gaseous.

 Thus the earth is unique in having a life-bearing layer which is popularly called the
Biosphere.

 The Biosphere has a variety of organisms, which are broadly divided into plants,
animals and Microbes.

 More than ten lakes animal species and three lakhs plant species are known to exist.

 These organisms exist in the zones of contact between the atmosphere, hydrosphere
and the lithosphere. There is an environment and the organisms in the biosphere.

 Though the biosphere is relatively a thin layer, it has great significance for our life.

 The organisms in the biosphere provide a variety of food for us and also raw
materials which provide clothing and shelter and other needs of man.

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 Our existence and survival on the earth depends on the biosphere. Therefore it is
necessary to understand the interrelationships between the organisms in the biosphere
and also the links between the physical environment and the biosphere.

 Plants, animals and other organisms together with the physical environment with
which they interact constitute the ecological system or Ecosystem.

ECOLOGY

 The term “eco” is derived from the Greek Word oikos, which means “home”. Since
logia means “study of “ in Latin, ecology is the “study of home”. Ecology is the
“study of how organisms interact with each other and their physical environment”.

 Warming defined “Oekologie” as “the study of organism in relation to their

environment”. American ecologist Frederick Clements considered ecology to be “the
science of the community”, whereas British ecologist Charles Elton defined ecology
as “scientific natural history concerned with the sociology and economics of
animals”. Odum, another biologist has in very simple way defined ecology as “the
study of structure and function of nature”.

ECO SYSTEM

 The Ecosystem consists of both living/biotic and non-living/abiotic components.

 The non-living components of the ecosystem consist of chemical substances found in

the soil, water and atmosphere.

 These chemicals may be inorganic substances like water, oxygen, carbon-di-oxide,

and minerals like phosphates, nitrates, etc., or organic materials like carbohydrates,
fats, proteins and vitamins. Other abiotic elements of the climate are temperature,
rainfall, duration of sunlight, winds, nature of soil, slope of the land, composition of
water bodies, etc.

 The biotic components are broadly divided into two major groups the producers and
the consumers. The producers are organisms, which produce their own food from the
physical environment. These are called autotrophic organism.

 Green plants are primary producers as they produce organic matter utilizing sun’s
radiant energy. This is called photosynthesis, as organic materials are synthesized

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using sun light, minerals and water from the soil and carbon dioxide from the
atmosphere.

 An organism that feeds only on plants is called a herbivore or primary consumers.

 For example a rabbit is a herbivore. A consumer that feeds on animal only is called
carnivore. The human beings are omnivore as they eat both plants and animals.

 A fourth group of consumers feeds on dead or decomposed tissues of plants and

animals. They are called decomposers or detritus feeders, for example bacteria, fungi,
termites, etc.

 Apart from getting energy and nutrients from the plant and animal, the detritus
decomposers convert organic materials into inorganic substances.

MAJOR ECOSYSTEMS OF THE EARTH

 There are two major types of ecosystems. They are Aquatic ecosystems and
Terrestrial ecosystems. Aquatic ecosystems can be further classified as fresh water,
estuarine and marine ecosystems. Terrestrial ecosystems can be further classified
based on climatic conditions.

 The Concentration of dissolved oxygen and the penetration of sunlight in the water
and the availability of various life supporting nutrients are the contributing factors for
the existence of aquatic organisms. As far as the terrestrial ecosystems are concerned,
they are of great concern for us, because we live on the land and our needs for food
and other materials are provided by the terrestrial ecosystems.

 The surface of the land has a cover of vegetation of great diversity depending on the
climatic conditions. Plants occur in distinct groups of communities in areas having
similar climatic conditions. These are called Biomes.

FOOD CHAIN AND FOOD WEB

 All organisms, including man need food, which provides energy for growth,
maintenance and reproduction. A part of the energy provided by food is used for
biological processes and the rest is dissipated to the environment as heat energy by
the process of respiration. Undigested food is excreted and enters the detritus path. In
grassland, rabbits eat grass and foxes eat rabbits. This is a simple food chain.

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 In cases where some organisms eat a variety of other organisms, food chain becomes
more complex, such complicated network of food chain is called a food web.

 As a variety of organisms live in the ecosystem and there is competition for food
among them, food webs become very complex.

ECOLOGICAL PYRAMID

 Each group of organisms occupies a trophic or feeding level. All green plants and
other production in the ecosystem occupy the first trophic level. Herbivores, which
feed on plants, occupy the second trophic level.

 Carnivores that eat herbivores are at the third trophic level.

 The different levels are not equal in terms of energy available, as only a fraction of
energy is transferred from lower to higher level. The trophic levels may be
represented in the form of a pyramid called the ecological pyramid.

 An understanding of the interrelationship between the different species of plants and

animals living in an ecosystem is very much essential for maintaining an ecological
balance in the biosphere.

 Owing to improper planning, a human activity such as agriculture, forestry,

commercial grazing, fishing and hunting has disturbed this balance leading to
extinction of certain species.

 Clearing of forest for mining, construction of dams for irrigation, draining of swamps
for urban growth etc., have a long-term impact on the ecosystem.

 Similarly a change in the circulation in atmosphere and hydrosphere also affects the
functioning of the ecosystem by modifying the energy and nutrient movement
through the organisms in the biosphere.

 The World Health Organization (WHO) has observed that over 70 per cent of all
human ailments are influenced by environmental deterioration.

 The industries are the sources of hazardous emissions and effluents. The use of
chemical insecticides and pesticides in agriculture also leaves dangerous residues.

 Transport, whether by land or water or air contaminate the environment. Public

health infrastructure _ sewage, garbage, and drainage _ has a detrimental impact on
the environment. The food we eat, the water we drink and the house we live in are not
free from contaminants, affecting our health, and causing a spectrum of ailments.

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 Since environmental pollution has become a major threat to human survival and
development, ‘Environmental Law’ has emerged as one of the most important tool for
promoting development without destruction.

UNIT – II
Socio – Economic dimensions of our Environment
 The environment that surrounds man is three-fold.

 There is (1) the social environment – the environment of other people which
encircles man from birth till death;

 (2) the cultural environment – the environment of rules and tools with which man,
the inventive animal, always surrounds himself;

 and (3) the natural environment- the planetary stage on which social drama is
enacted. We are concerned with the 3rd environment that consist of ‘… land, water,
climate, atmosphere, heavenly bodies and plant and animal life, or to use the more
technical terms, flora and fauna, insects, and the invisible life of microbe.’

 Analytical study of the natural environment is the province of disciplines such as

botany, zoology, bacteriology, geography, and ‘ecology’, yet the sociologist shows
concern for it, because the social institutions resemble the eco-systems of the nature
and the natural environment has direct and immediate impact on man.

THE EFFECTS OF ECONOMIC GROWTH ON ENVIRONMENT

 The affluence (i.e. material aspects of per capita consumption of goods and
resources) is an important factor in man-resource-environment relationship.

 There is a fundamental conflict between traditional concepts of economic growth and

the preservation and conservation of environment.

 While Economists tout record breaking increases in global commerce in recent

decades, more sobering statistics are being put forth by the world’s leading
Biologists:

 The loss of living species in recent decades, they report, represents the largest mass
extinction since the dinosaurs were wiped out 65 million year.

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 Human beings remain fundamentally dependent on the natural world. One short
coming of conventional economics is failure to account for the critical services
provided by natural eco systems such as forest, wet lands, coral reefs, rivers and seas.

 In 1977, a team of 13 Ecologists, Economists and Geographers published a path-

breaking article that put a price tag on the value of a range of factions provided by
these eco systems.

 The study covered a broad array of services, including genetic resources, flood
control, pollination, water supply and erosion control.

 The authors arrived at the stunning conclusion that the economic value of “natures
services” adds up to some $33 trillion each year-almost as much as the entire annual
gross world product.

 Despite their value to human kind, eco-systems are being degraded at an unparalleled
rate as a result of human activity. For example, the planet’s forest cover is steadily
shrinking as population and the global economy continues to expand.

 Mining and petroleum development also threaten the health of the world’s forest,
mountains, waters and other sensitive eco systems.

 Besides disturbing valuable eco-system, mining also can be devastating for local
people.

 Like Mining companies, multinational oil and gas firms continually scour the planet
for new development opportunities, as the most accessible fields in industrial
countries have already been tapped.

 One of the most important of the side effects of development is environmental

degradation.

 People who see or anticipate the environment degrading realize that it is going to
degrade the entire life support system.

 According to their perception, the only way they can prevent the environmental
degradation is to oppose the development projects.

 Thus a conflict grows in intensity-the developer says that there cannot be

development without environmental destruction.

 They are vehement that the environmentalists are preventing development and
progress.

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 The environmentalists allege that the developers are destroying the environment,
making further development impossible and the development process unsustainable.

 The two sides are locked in battle. This conflict cannot be resolved within the
framework of the conventional paradigm.

SOCIAL AND ECONOMIC EFFECTS OF WATER POLLUTION

 Pollution causes a number of effects on the society as well as on the economy.

Pollution of water sources has many economy effects.

 The economic effects are in the form of damage to property, damage to land,
reduction in crop productivity, loss of plants and animals of economic importance,
reduced fish catch, navigational interference, reduced drinking water availability, loss
in recreational and other amenities, loss to industry and above all the cause of illness
and death caused by such pollution. These economic losses in one way or the other
affect the society.

 Heavy monetary investment in cleaning operation of rivers, lakes, ponds, estuaries,

coastal waters etc., and chlorination and treatment of drinking water are incurred by
agencies who sometimes do not benefit by such operations.

 Industries may have to suffer added costs of treatment of polluted water, when it is
required to be used in some of its production process or by withdrawing large
quantities of water from the same source or by going to a different less polluted
source of water. These additional costs may ultimately be passed over to society.

 The costs of water pollution are huge and enormous. It is not easy to express many of
these costs in monetary terms.

 For example, it is almost impossible to measure the costs of not being able to swim
in some river or not being able to catch fish in it or measure loss resulting from
extinction of many plants and animal species of aesthetic cost of a polluted lake or
water way.

SOCIO-ECONOMIC EFFECTS OF AIR POLLUTION

 Individuals and society suffer a direct loss as a result of the effects of Air pollution
on plants, animals, property and human health. Air pollution causes a number of
socio-economic effects, namely:

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1.Monetary loss due to illness and death and incidental loss resulting from abstention
from work due to ill-health and incidental loss due to decreased productivity ;

2. Increase of travel costs and time of travel due to reduced visibility, together with
increased risk of accidental injury in travel because of decreased visibility ;

3. Increase of cost of artificial illumination ;

4. Cost of repair of damage to buildings and other structures ;

5. Increased cost if cleaning ;

6.Increase of travel costs and time of travel due to reduced visibility, together with
increased risk of accidental injury in travel because of decreased visibility ;

7.Increase of cost of artificial illumination ;

8. Cost of repair of damage to buildings and other structures ;

9.Increased cost if cleaning ;

 Attempts have been made to assess some of the losses whereas some of the losses
such as discomfort, aesthetic loss, etc., cannot be assessed in simple economic terms.
It is estimated that Americans spend more than $10,000 million a year on medical
problems caused by outdoor pollutants. Similarly, the cost of damage to crop
production, due to air pollution in the Sacramento valley in California has been
assessed at $100 million per year. No such comprehensive assessment of economic
costs of ecology in India is attempted so far.

STEPS INVOLVED IN ENVIRONMENTAL PLANNING :

1. Assessment of environment resources – both renewable and non –renewable and

their present status;

2. Determining the rate at which the environmental resources would need to be

exploited to fulfill our basic needs.

3. Identifying the environmental problems which exist and/or would arise in the
course of exploitation and use of environmental resources;

4. Preparing an integrated short term as well as long term plan for tackling all
environmental problems and for systematic and scientific exploitation and use of the
environmental resources and their conservation and development;

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5. Creating the necessary constitutional and legal framework, the institutional set up
and the administrative infrastructure for the proper implementation, monitoring and
review of the environmental plan; and

6. Integrating the environmental plan with the plan for socio-economic development
of the country so that both support and sustain each other and are mutually
complementary.

 In India, environmental planning started effectively from the Sixth Five-year Plan
(1980-85). The Sixth five-year plan for the first time in India devoted one full section
to “Ecology and Environment”.

 This plan document recognized the ‘imperative need to carefully husband our
renewal resources of soil, water, plant and animal life to sustain our economic
development’.

 The Seventh Five-Year Plan and the Eighth Five-Year Plan also recognized the need
for environmental planning to a certain extent.

 But, on the whole, the plan documents have not attempted to formulate any
integrated ‘environment plan’ comprehensively covering all relevant aspects of
environment.

UNIT - III
PROBLEMS AFFECTING THE ENVIRONMENT AND FACTORS
RESPONSIBLE FOR ENVIRONMENTAL DEGRADATION

 INTRODUCTION

 AIR POLLUTION

 WATER POLLUTION

 SOIL EROSION & LAND DEGRADATION

 DEFORESTATION

 HUMAN IMPACT ON BIOSPHERE

 DEPLETION OF NATURAL RESOURCE

 NOISE POLLUTION

 PROBLEM RELATING TO URBANIZATION

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 CONCLUSION

INTRODUCTION

 The relationship between human being and his environment has varied from place to
place at a given point of time.

 In the very early stages of human history, human beings considered the environment
as very dominant and that was why, they worshipped different aspects of nature like
trees, forests, animals, mountains, rivers, etc. They were very much afraid of these
elements of nature like lightning and thunder, heavy rains, dense forests, wild life,
large rivers, etc., because of the reason that they had no tools to overcome the danger
posed by the environment.

 When man started making tools our of stone and metals and learnt the use of fire,
their impact on the environment came to be felt. With the help of their tools they cut
the trees for using it in their houses.

 They used fire for clearing forests and grasslands to enable them to occupy those
places for their living.

 Hunting of animals increased because of the invention of various tools.

 Industrial revolution, invention of steam engines and other machinery, the

development of transportation and other scientific and technological advancements
have contributed a lot towards environmental degradation.

 These factors provided human beings opportunities to manipulate the environment.

 With the help of the above factors man changed his environment to suit his needs and
of course to satisfy his greed.

 The developments in agricultural science provided abundant food and wealth, which
helped people to settle firmly in one place and this lead to the growth of the size of
the family.

 Advancements in medical science also helped human beings to protect them from
epidemics and other serious diseases, which in turn reduced the death rate and
increased the span of human life.

 Environmental degradation comes about due to erosion and decline of the quality of
the natural environment.

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 It is caused directly or indirectly by anthropogenic activities that extract various

environmental resources at a faster rate than they are replaced, and thus depleting
them.

 Because of the population explosion people are facing scarcity of resources like food
and energy.

 Natural calamities like droughts and floods, and environmental pollution takes a
heavy toll of human life.

 The large-scale consumerism has brought the mankind at a stage where our need
have gone beyond the means to fulfill them. In our desire to reach the maximum
production limit, we have started borrowing from the resources meant for future,
which we know very well that we cannot repay. As a result we are using all those
resources which are in fact the future generation’s property.

 Our resources are meant not only for the utilization of the present generation but also
for the future generation. A balance between the growth of population and utilization
of resource is the need of the hour.

 This balance alone can ensure the continuity of human race. Any imbalance will
certainly have an adverse impact on us.

 Degradation of environment is not something new. From history we can learn that
unscrupulous human activities have resulted in degradation of environment and also
the extinction of many civilizations. The decline of Mesopotamian civilization in
Iraq, Incas in Peru, Indus valley civilization has been attributed to deforestation of hill
slopes, induced fires, and felling of trees on a large scale. This resulted in soil
erosion, floods and silting of irrigation canals and cultivated lands, which in turn
resulted in famines, death and desertion of villages.

 The impact of man’s activities on the environment has resulted in the pollution of
environment. Pollution not only affects the air, water and lands but also the organisms
in the biosphere.

 The natural ecosystem has an inherent capacity to decompose dead organisms or

excreta and recycle them. When harmful substances contaminate the environment in
large quantities, the ecosystem is unable to absorb them and they accumulate in the
system resulting in the degradation of environment.

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AIR POLLUTION

FOSSIL FUELS:

 The burning of fossil fuels in large quantities during the recent decades has resulted
in gradual increase in carbon dioxide content in the atmosphere. Increase of carbon
dioxide in the atmosphere has the effect of increasing the temperature of atmosphere.
Increase in carbon dioxide content is also due to the large-scale deforestation.
Reduction in the number of trees, which absorbs carbon dioxide, resulted in the
accumulation of carbon dioxide in the atmosphere.

GREENHOUSE EFFECT:

 In the normal circumstances, much of the solar radiation that penetrates the earth’s
atmosphere is re-radiated as heat from the earth’s surface and dissipates into space.
But an increase of carbon dioxide, though it allows most solar radiation to penetrate
the atmosphere, prevents part of the heat re-radiated by the land and water bodies
from escaping into space.

 As carbon dioxide accumulates, enough heat may be trapped to gradually warm the
atmosphere. This is called the Greenhouse effect.

 If the content of carbon dioxide increases further in the next 50 years, rise in air
temperature would certainly melt the polar ice caps and consequently sea level would
rise by about 2.5 meters causing submergence of coastal regious.

ACID RAINS:

 Burning of coal and oil also adds sulphur dioxide to the atmosphere . The auto
mobile exhaust contributes to the addition of lead, carbon monoxides and nitrogen
oxides in the atmosphere.

 These gases not only causes nasal irritation and respiratory diseases to the inhales but
also causes acid rains which damages the plants, metals buildings apart from aquatic
ecosystems which support various life forms.

 Acid rain also damages forests to a great extent. It affects the growth of the trees.

OZONE LAYER:

 The ozone layer in the stratosphere serves as a protective shield, which protects the
earth from harmful ultraviolet radiation. When this ozone layer gets depleted ultra
violet radiation enters the earth’s surface and causes skin cancer. The ozone layer gets

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affected by exhausts form the jet aircraft and also by the use of CFC (Chloro Fluoro
Carbon) in aerosol propellants in sprayers, refrigerators etc.

SMOG:

 Gaseous effluents from factories pollute the atmosphere. Smoke, dust and particles of
carbon, lead, etc., gets accumulated in the atmosphere. On cool nights, when fog
occurs, these particles remain suspended in the air. This condition is called Smog.

 The Smog over London in 1952 resulted in the of about 4000 persons by suffocation.

 In Tamil Nadu, because of burning of used tyres of motor vehicles of on Bhogi Day,
the smog over Chennai and other parts of Tamil Nadu causes annoyance and a lot of
inconvenience to the people.

WATER POLLUTION:

INDUSTRIAL EFFLUENTS:

 The major cause of water pollution is the letting out of untreated industrial effluents
into rivers and open spaces around industries. For example, leather tanneries, paper
mills, sugar mills, dye industries and many other industries let out their effluents into
the adjacent rivers or allow them to stagnate on land.

 These effluents seep through and pollute the ground water. Effluents from large
number of tanneries in Ambur and Vaniyambadi in Vellore District in Tamil Nadu is
a standing example, which have polluted the ground water in and around these places
thereby making the residents of these places suffer without eater for drinking and
other domestic purposes.

DOMESTIC SEWAGE:

 Another important widespread source of water pollution is the disposal of

untreated/half-treated domestic sewage in to the eater bodies by the local bodies.
Community wastes from human settlements account for 4 times as much waste water
as industrial effluents.

 Out of 3119 towns and cities only 217 have partial (209) or full (8) sewerage and
sewage treatment facilities.

 Many rivers in India are polluted by sewage disposal and the same rivers provide
domestic water supply as well. Polluted river water affects organic life in rivers and
water borne diseases like jaundice, dysentery and typhoid affect human population.
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 According to one estimate 2/3rd of all illnesses in India are related to water borne
diseases such as typhoid, jaundice, cholera, diarrhea and dysentery.

 Water pollution also occurs owing to use of pesticides and fertilizers for agriculture.
Water draining from the fields enters rives and lakes and pollutes them.

 Enrichment of water by nutrients such as phosporous and nitrates results in excessive

growth of algae till the surface of the water body is choked preventing oxygen from
entering. This process is referred to as alga bloom.

 When the algae die they also consumed by the anaerobes. The anaerobes consume
waste by extracting hydrogen. The hydrogen combines with sulphur from the waste to
produce the foul smelling hydrogen sulphide gas. The water becomes turbid and
sunlight cannot penetrate the surface.

 The algae in the absence of sunlight begin to die and so do the fish. The river
becomes smelly and sluggish and devoid of life. This whole process is called
Eutrophication of a water body.

SEAWATER POLLUTION:

 Seawater gets polluted by discharge of domestic sewage from cities located along the
coast and effluents from factories along the coast and also by discharge from polluted
rivers. Eutrophication of coastal marshes and swamps also affects marine life. Oil
spills from tankers in the ocean has an adverse impact over the marine ecosystem.

GROUND WATER POLLUTION:

 Ground water pollution occurs when raw sewage is released in shallow soak pits or
pollutants form seepage pits, refuse pits, septic tanks and barnyards and percolate
through layers of earth into ground water. In industrial areas the indiscriminate
release of toxic industrial wastes such as arsenic, lead, cadmium and mercury
compounds on land results in waste water trickling down into the ground water
pollution due to intrusion of seawater is occurring.

 Once ground water is polluted it cannot be treated. The damage done is irreparable.
The effects of pollution may continue for indefinite periods.

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SOIL EROSION & LAND DEGRADATION:

 There are many factors, which are responsible for land degradation. Soil erosion is
the most serious cause of land degradation. Soil erosion here refers to all physical
processes that loosen or tear-off soil particles and displaces the detached particles
from the parent sites.

 The most common factor causing soil erosion is the destruction of forests and other
natural vegetation.

 Grazing of land by goats and other domestic animals may also remove the plant
cover. When the cover of vegetation is removed, the soil layer is exposed to the direct
impact of rainfall and surface water flowing down the slope of the land.

 Soil particles get denuded rapidly on steep slopes by formation of gullies or ravines.

 This is called gully erosion. In course if time gullies become wider and deeper and
develop a network of branches. A region dissected by a large number of gullies is
called badlands, as such land cannot be put to any use.
 On gentle slopes, water flows as a thin sheet, and fine particles of soil are removed
from the entire surface. This is called sheet erosion.

DUMPING OF SOLID WASTE:

 Dumping of solid waste also causes Land degradation. Dumping of solid waste from
urban centers and waste materials form mining centers and industrial wastes render
the land unsuitable for any purpose.

 The story of behind Indian Council for Enviro-Legal Action -vs- Union of India,
AIR 1996 SC 1446. is all about dumping of toxic wastes generated from chemical
industries in Bichiri village of Udaipur District in Rajathan.

 The Sludge deposited in areas adjoining those industries in the village percolated into
the earth, making the soil reddish and ground water highly polluted.

 The well water in those areas became dark in color and turned unfit for any purpose.
Moreover, it very seriously affected the productivity of the land. Surface run-off from
such areas pollutes the streams and ground water by seepage.

DEFORESTATION:
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 Forests are among the most basic life support systems of our planet. Forests have
played a very vital role in maintaining a balanced ecological system. Forests assists in
the essential globle recycling of water, oxygen, carbon dioxide and nitrogen. They
also influence solar radiation reaching the earth’s surface, wind, humidity and
temperatures, and thus moderate the climate especially the rainfall.

 They support an extremely rich bio diversity, which provides a wide variety of
products and services. Their role in soil formation and conservation is extremely
crucial.

 Thus forest perform protective, regulative and productive functions as described

below:

1. Protective Function:

 Control of floods;
 Prevention of soil erosion and increasing soil fertility;
 Protection of wildlife against extreme cold and dry winds;
 Protecting from adverse effects of solar radiation;
 Providing goods biological gene pool.

2. Regulative Functions:

 Amelioration of climate ;

 Regulation of temperature, increase local precipitation and regulation of humidity ;

 Balancing carbon dioxide and oxygen of the atmosphere.

3. Productive Function:

 Providing fodder for livestock ;

 Providing fuel and timber for the people

 Producing raw materials for industries, sports, transport etc.,

 Providing essential oils, medicines, materials for house building and many minor
forests produces.

 Thus, forests are the source of revenue, fodder, fruit, employment and home for
Millions, besides manure and fuel, raw materials and minor products and medicinal
herbs. They also attract foreign tourists.

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 Production of oxygen, providing leaf protein, preventing soil and wind erosion,
maintaining soil fertility, recycling of water and humidity control, providing shelter to
birds, insects and plants and controlling air pollution are some of the invisible
environmental services rendered by forests.

 Around 3000 BC, nearly 80% of the Indian landmass was covered with forests.
During the Mughal period many forest areas were converted into agricultural land.

 This increased during the British period followed by exploitation of forests for
timber and fuel. At the time of independence nearly 25% of the land was under forest
cover.

 According to the latest official sources the actual land under forest cover only 19%
of the total geographic area out of which forest cover of good quality is only 8%.

HUMAN IMPACT ON BIOSPHERE:

 Man is at the top ecological pyramid. He acts as a predator as he is an omnivore,

feeding on a variety of plants and animals. Cultivation of land has had a serious
impact on the ecosystem.

 The removal of original plant cover and its replacement by single cultivated crop
reduced the biological diversity and simplifies the ecosystem making it vulnerable to
pests and diseases which attack that particular crop.

 Increasing population and human activities have destroyed the habitats of certain
animals and birds or reduced the area of their habitats.

 While a number of species have become extinct, others are threatened with
extinction. Pollution of environment, hunting of animals and birds and introduction of
new predators in the environment have also caused extinction of some species.

DEPLETION OF NATURAL RESOURCES:

 The steady growth in population and the increasing due to change in lifestyle has
contributed towards depletion on natural resources. Due to the pressure of the
population, forest and soil resources are getting depleted at a very high rate.
Excessive demand leads to consumption of resources at a rate faster than necessary.
This situation makes the renewable resources like forests and soil, non-renewable.

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 The situation is same even with respect to non-renewable mineral resources. Due to
the increasing demand, mineral resources are being consumed at a faster rate.

 Likewise the world is also facing an energy crisis due to the depletion of oil
resources. The existing oil resources may last only for a few decades. There is an
urgent need for use of renewable sources of energy.

NOISE POLLUTION:

 Due to heavy industrialization, people are exposed to high levels of noise. Noise has
become a very important stress factor of modern life.

 Some of the important sources of noise pollution are automobiles, aircraft, factories,
use of loudspeakers, etc.

 Noise as a potent menace can be evaluated in terms of a noise level scale, or in

decibels (dB).

 However, the health hazard is a matter of perceived noise level decibels (pNdB),
which according to the WHO’s prescribed optimum noise level is 45 dB by day and
35 by night.

 Any source of producing sound levels of more than 80-90 dB for more than eight
hours is harmful to ears. Hertz or Hz denotes frequency of sound. Human ear can hear
frequencies between 20-20000 Hz.

 The frequencies below 20 Hz and frequencies above 20000 Hz are inaudible. The
effect of noise on health depends on quality, duration and sensitivity of individual.

 A WHO (World Health Organization) report warns that daily exposure to a noise
levels of 75 dB can cause health problems like lack of concentration, loss of sleep,
headache, irritation, hypertension and fatigue.

 People exposed to noise levels reaching 110 dB may reveal mental trauma, deafness,
physical fatigue and hypertension, cardiovascular diseases, insomnia, peptic ulcer,
eczema and asthma.

PROBLEMS RELATING TO URBANIZATION:

 The Urban or manmade environment contributes to the excessive depletion of natural

resources. Population growth and migration from rural areas to cities have led to a
haphazard and unplanned expansion of our cities.

 Unable to meet the staggering demand for basic civic amenities, our cities have
become teeming hovels of dust, diseases and crime.
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 The problems of the urban poor are lack of access to clean drinking water, sanitation
and adequate housing, exposure to industrial wastes and urban air pollution.

 Sewage and industrial effluents are released into the nearest waterways with minimal
or no treatment, threatening human health and aquatic life.

 Landfills and garbage dumps are overflowing in most cities.

 Since the waste generated contains greater quantities of non-biodegradable and

hazardous material, it is difficult to destroy and the solid waste when set on fire emits
dangerous fumes compounding air pollution problems.

 The disposal of Bio-Medicals Wastes is also not properly done in most of the urban
centers resulting in serious health problems. It is roughly estimated that the Indian
cities and towns generate about 60,000 tons of municipal wastes every day and almost
all the wastes find their way to landfill sites which are seldom managed in an
environmentally-acceptable manner.

CONCLUSION:

 We have started realizing that our economic activites are threatening our survival on
the earth. We have started realizing that our existence is possible only when they can
live in harmony with the various elements of the environment, which are
interconnected.

 We have started realizing that awareness of the problems faced by the environment
would enable us to take appropriate decisions to make the earth habitable for future
generation.

 On this regard, degradation means damage or reduction in quality of environmental

features, primarily influenced by human activities.

 Some natural events such as landslides and earth quake may also degrade the nature
of our environments.

 Continued environmental degradation can completely destroy the various aspects of

the environment such as biodiversity, ecosystems, natural resources and habitats.

 For instance, air pollution can lead to the formation of acid rain which can in turn
reduce the quality of natural water systems by making them acidic.

 This is a typical example of environmental degradation.

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 Environmental degradation is therefore a concept that touches on a variety of topics

namely deforestation, biodiversity loss, desertification, global warming, animal
extinction, pollution, and many more.

Causes of Environmental Degradation

1. Overpopulation and Over-exploitation of Resources

 As the human population keeps on enlarging, there is a lots of pressure on the

utilization of natural resources. This often causes over-exploitation of the natural
resources, and contributes to environmental erosion.

 According to a study by the UNEP Global Environment Outlook, excessive human

consumption of the naturally occurring non-renewable resources can outstrip
available resources in the near future and remarkably destroys the environment during
extraction and utilization.

 Overpopulation simply means more pollution and fast extraction of natural resources

compared to how they are being replaced.

2. Ruinous Agricultural Practices

 Intensive agricultural practices have led to the decline in quality of most of our
natural environments. Majority of farmers resort to converting forests and grasslands
to croplands which reduces the quality of natural forests and vegetation cover.

 The pressure to convert lands into resource areas for producing priced foods, crops,
and livestock rearing has increasingly led to the depreciation of natural environments
such as forests, wildlife and fertile lands.

 Intensive agricultural practices destroy fertile lands and nearby vegetation cover due
to the accumulation of toxic substances like bad minerals and heavy metals which
destroy the soil’s biological and chemical activities.

 Runoffs of agricultural wastes and chemical fertilizers and pesticides into marine and
freshwater environments have also deteriorated the quality of wild life habitats,
natural water resources, wetlands and aquatic life.

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3. Landfills

 One of the calamitous effects of landfills is the destruction of nearby environmental

health together with its ecosystems.

 The landfills discharge various kinds of chemicals on the land adjacent to forest,
various natural habitats, and water systems such as underground and surface water
which makes the environment unappealing to the survival of trees, vegetations,
animal and humans.

 It even interferes with the animals interactive food chains because the chemicals
contaminate plants, and waters which are consumed by the animals.

 Besides the foul smell from the landfills and periodic burning of the wastes make
living in such environments unbearable.

4. Increase in Deforestation

 The act of deforestation (cutting down of trees) has impacted on the world in terms

of depreciating the natural environment and wildlife.

UNIT – IV
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Policies of the state for abatement of Pollution and for

conservation.

 The Government of India has taken systematic and sustained efforts to tackle major
environmental problems of this country. One of the efforts is to formulate
comprehensive ‘policy framework’ to enable the government to have a holistic view
of all environmental issues and to formulate an ‘Environmental Plan’ for the country.

 There have been several policy statements relating to conservation of water, forest,
marine resources and for abatement of pollution apart from the ‘environment
component’ of the policy documents relating to sectors like Housing, Land Use,
Education, Industries and Technology. Some such Policy Statements are:

1. Industrial Policy Statement (1980)

2. Technology Policy Statement (1983)

3. National Education Policy (1986)

4. National Land Use Policy Outline (1986)

5. National Water Policy (1987)

6. National Land Use Policy (1988)

7. National Housing Policy (1988)

8. National Forest Policy (1988)

9. Policy Statement for Abatement of Pollution (February 1992)

10. The National Conservation Strategy and the Policy Statement on Environment
and Development (June 1992)

11. Ocean Policy Statement

12. National Agriculture Policy (2000)

13. Wildlife Conservation Strategy (2002)

 The formation of above policy statements has fulfilled a long-standing demand of

devising a clear and precise national policy on environmental protection and
management.

 Few of the policy directives are yet to be put into action fully to test its utility.
However, from academic point of the government for environmental protection,
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abatement of pollution and resource conservation. The relevant text of few very
important policy statements are given below :

NATIONAL WATER POLICY 1987

Need for a National Water Policy:-

 Water is a prime natural resource, a basic human need and a precious national asset.
Planning and development of water resources need to be governed by national
perspectives.

 It has been estimated that out of the total precipitation of around 400 million hectare
meters in the country, the surface water availability is about 178 million hectare
meters. Out of this about 50% can be put to beneficial use because of topographical
and other constraints.

 In addition there is a ground water potential of about 42 million hectare meters. The
availability of water is highly uneven in both space and time. Precipitation is confined
to only about three or four months in the year and varies from 10 cm in the western
parts of Rajasthan to over 1000 cm at Cherrapunji in Meghalaya.

 Further, water does not respect state boundaries. Not merely rivers but even under
ground aquifers often cut across state boundaries. Not merely rivers but even under
ground aquifers often cut across state boundaries. Water as a resource is one and
indivisible: rainfall, river waters, surface ponds and lakes and ground water are all
part of one system; water is a part of a large ecological system.

 Even the planning and implementation of individual irrigation or multi-purpose

projects, though done at the State level, involve a number of aspects and issues such
as environmental protection, rehabilitation of projects-affected people and livestock,
public health consequences of water impoundment, dam safety, etc. On these matters
common approaches and guidelines are necessary. Moreover, certain problems and
weaknesses have affected a large number of projects all over the country. There have
been substantial time and cost overruns on projects. In some irrigation commands,
problems of water-logging and Soil salinity have emerged, leading to the degradation
of good agricultural land. There are also complex problems of equity and social
justice in regard to water distribution.

 The development and exploitation of the country’s ground water resources also give
rise to questions of judicious and scientific resource management and conservation.
All these questions need to be tackled on the basis of common policies and strategies.

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PROJECT PLANNING:-

 Water resource development projects should as far as possible be planned and

developed as multipurpose projects. Provision for drinking water should be a primary
consideration.

 The projects should provide for irrigation, flood mitigation, hydro-electric power
generation, navigation, pisciculture and recreation wherever possible.

 The study of the impact of a project during construction and later on human lives,
settlements, occupations, economic and other aspects should be an essential
component of project planning.

 In the planning, implementation and operation of projects, the preservation of the

quality of environment and the ecological balance should be a primary consideration.
The adverse impact, if any, on the environment should be minimized and should be
off-set by adequate compensatory measures.

 There should be an integrated and multi-disciplinary approach to the planning,

formulation, clearance and implementation of projects, including catchment treatment
and management, environmental and ecological aspects, the rehabilitation of affected
people and command area development.

 Time and cost overruns and deficient realization of benefits characterizing most
irrigation projects should be overcame by upgrading the quality of project preparation
and management.

 The under-funding of projects should be obviated by an optimal allocation of

resources, having regard to the early completion of on-going projects as well as the
need to reduce regional imbalances.

MAINTENANCE AND MODERNISATION:-

 Structures and systems created through massive investments should be properly

maintained in good health. Appropriate annual provisions should be made for this
purpose in the budgets.

 There should be a regular monitoring of structures and systems and necessary

rehabilitation and modernization programmers should be undertaken.

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SAFETY OF STRUCTURES:-

 There should be proper organizational arrangements at the national and state levels
for ensuring the safety of storage dams and other water-related structures.

 The central guidelines on the subject should be kept under constant review and
periodically updated and reformulated. There should be a system of continuous
surveillance and regular visits by experts.

GROUND WATER DEVELOPMENT:-

 There should be a periodical reassessment on a scientific basis of the ground water

potential, taking into consideration the quality of the water available and economic
viability.

 Exploitation of ground water resources should be so regulated as not to exceed the

recharging possibilities, as also to ensure social equity. Ground water recharge
projects should be developed and implemented for augmenting the available supplies.

 Over exploitation of ground water should be avoided near the coast to prevent
ingress of seawater into sweet water aquifers.

WATER ALLOCATION PRIORITIES:-

In the planning and operation of systems, water allocation priorities should be broadly
as follows :

1. Drinking water

2. Irrigation

3. Hydro-power

4. Navigation

5. Industrial and other uses.

 However these priorities might be modified if necessary in particular regions with

reference to area specific considerations.

Drinking Water:

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 Adequate drinking water facilities should be provided to the entire population both in
urban and in rural areas by 1991. Irrigation and multipurpose projects should
invariably include a drinking water component, wherever there is no alternative
source of drinking water. Drinking water needs of human beings and animals should
be the first charge on any available water.

Irrigation:

 Irrigation planning either in an individual project or in a basin as a whole should take

into account the irritability of land, cost-effective irrigation options possible from all
available sources of water and appropriate irrigation techniques.

 The irrigation intensity should be such as to extend the benefits of irrigation to as

large a number of farm families as possible, keeping in view the need to maximize
production.

 There should be a close integration of water-use and land-policies.

 Concerted efforts should be made to ensure that the irrigation potential created is
fully utilized and the gap between the potential created and its utilization is removed.

 For this purpose, the command area development approach should be adopted in all
irrigation projects.

Water Quality:

 Both surface water and ground water should be regularly monitored for quality. A
phased programme should be undertaken for improvements in water quality.

Water Zoning:

 Economic development and activities including agricultural, industrial and urban

development, should be planned with due regard to the constraints imposed by the
configuration of water availability.

 There should be water zoning of the country and the economic activities should be
guided and regulated in accordance with such zoning.

Conservation of Water:

 The efficiency of utilization in all the diverse uses of water should be improved and
an awareness of water as a scare resource should be fostered.

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 Conservation consciousness should be promoted through education, regulation,

incentives and disincentives.

Land Erosion by Sea or River:

 The erosion of land, whether by the sea in costal areas or by river waters inland,
should be minimized by suitable cost effective measures. The States and Union
territories should also undertake all requisite steps to ensure that indiscriminate
occupation and exploitation of coastal strips of land are discouraged and that the
location of economic activities in areas adjacent to sea is regulated.

Flood Control and Management:-

 There should be a master plan for flood control and management for each flood
prone basin. Sound watershed management through extensive soil conservation,
catchment-area treatment, preservation of forests and increasing the forest area and
the construction of check-dames should be promoted to reduce the intensity of floods.

 Adequate flood-cushion should be provided in water storage projects wherever

feasible to facilitate better flood management.

 An extensive network for flood forecasting should be established for timely warning
to the settlements in the flood plains, along with the regulation of settlements and
economic activity in the flood plain zones, to minimize the loss of life and property
on account of floods.

Drought Management:-

 Drought-prone areas should be made less vulnerable to drought-associated problems

through soil-moisture conservation measures, water harvesting practices, the
minimization of evaporation losses, the development of the ground water potential
and the transfer of surface water from surplus areas where feasible and appropriate.

 Pastures, forestry or other modes of development which are relatively less water-
demanding should be encouraged. In planning water resource development projects,
the needs of drought-prone areas should be given priority.

 Relief works undertaken for providing employment to drought-stricken populations

should preferably be for drought proofing.

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NATIONAL FOREST POLICY, 1988

 Preamble :- In Resolution dated 12th May 1952, the Government of India in the
erstwhile Ministry of Food and Agriculture enunciated a Forest Policy to be followed
in the management of state Forests in the country. However, over the years, forests in
the country have suffered serious depletion. This is attributed to relentless pressures
arising from ever-increasing demand for fuel-wood, fodder and timber, inadequacy of
protection measures; diversion of forest lands to non-forest uses without ensuring
compensatory afforestation and essential environmental safeguard; and the tendency
to look upon forests as revenue earning resource.

AREA UNDER FOREST:

 The national goal is to have a minimum of one-third of the total land of the country
under forest or tree cover. In this hills and in mountainous regions, the aim should be
to maintain two-third of the area under such cover in order to prevent erosion and
land degradation and to ensure the stability of the fragile Eco-system.

Land Laws:

 Land Laws should be so modified wherever necessary so as to facilitate and motivate

individuals and institutions to undertake tree-farming and grow fodder plants, grasses
and legumes on their own land.

 Wherever possible, degraded lands should be made available for this purpose either
on lease of on the basis of a tree patta-scheme.

 Such leasing of the land should be subject to the land grant rules and land ceiling
laws. Steps necessary to encourage them to do so must be taken.

 Appropriate regulations should govern the felling of trees on private holding.

RIGHTS AND CONCESSIONS:

 The rights and concessions, grazing, should always remain related to the carrying
capacity of forests. The capacity itself should be optimized by increased investment,
silvicultural research and development of the area.

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 Stall-feeding of cattle should be encouraged.

 The requirements of the community, which cannot be met by the rights and
concessions so determined, should be met by social forestry outside the reserved
forests.

 The life of tribals and other poor living within and near forests revolves around
forests. The rights and concessions enjoyed by them should be fully protected.

 Their domestic requirements of fuel-wood, fodder, minor forest produce and

construction timber should be the first charge on forest produce. These and substitute
materials should be made available through conveniently located depots at reasonable
prices.

 Similar consideration should be given to scheduled castes and other poor living near
forest. However, the area, which such consideration should cover, would be
determined by the carrying capacity of the forests.

 Wood is in short supply. The long-term solution for meeting the existing gap lies
increasing the productivity of forests but to relieve the existing pressure on forests for
the demands of railway sleepers, construction industry (particular in the public
sector), furniture and paneling, mine-pit props, paper and paper board etc.

 Substitution of wood needs to be taken recourse to. Similarly; on the front of

domestic energy, fuel wood; needs to be substituted as far as practicable with
alternate sources like bio-gas, LPG and solar energy.

 Fuel efficient chulhas as a measure of conservation of fuel wood need to be

popularized in rural areas.

WILDLIFE CONSERVATION:

 Forest Management should take special care of the needs of wildlife conservation,
and forest management plans should include prescriptions for this-purpose. It is
especially essential to provide for corridors linking the protected areas in order to
maintain genetic continuity wildlife.

DAMAGE TO FORESTS FROM ENCROACHMENT, FIRES AND GRAZING

 Encroachment on forestlands has been on the increase. This trend has to be arrested
and effective action taken to prevent its continuance. There should be no
regularization of existing encroachments.

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 The incidence of forest fires in the country is high. Standing trees and fodder are
destroyed on a large and natural regeneration annihilated by such fires. Special
precaution should be taken during the fire season. Improved and modern management
practices should be adopted to deal with forest fires.

GRAZING:

 Grazing in forest areas should be regulated with the involvement of the community.
Special conservation areas, young plantation and regeneration areas should be fully
protected. Grazing and browsing in forest areas need to be controlled. Adequate
grazing fees should be levied to discourage people in forest areas from maintaining
large herds if non-essential livestock.

FOREST-BASED INDUSTRIES:

 The main consideration governing the establishment of forest-based industries and

supply of raw material to them should be as follows :

 As far as possible, a forest-based industry should raise the raw material needed for
meeting its own requirements, preferably by establishment of a direct relationship
between the factory and the individual who can grow the raw material by supporting
the individuals with inputs including credit, constant technical advice and finally
harvesting and transport services.

 No forest-based enterprise except that at the village or cottage level, should be

permitted in the future unless it has been first cleared after a careful scrutiny with
regard to assured availability of raw material. In any case, the fuel fodder and timber
requirements of the local population should not be sacrificed for this purpose.

 Forest-based industries must not only provide employment to local people on priority
but also involve them fully in raising trees and raw material.

FOREST EXTENSION:

 Forest conservation programme cannot succeed without the willing support and
cooperation of the people. It is essential, therefore, to inculcate in the people, a direct
interest in forests, their development and conservation, and to make them conscious
of the value of trees, wildlife and nature in general.

FORESTRY EDUCATION:

 Forestry should be recognized both as a scientific discipline as well as a profession.

Agricultural universities and institutions dedicated to the development of forestry
education should formulate curricula and courses for imparting academic education
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and promoting post-graduate research and professional excellence, keeping in view

the manpower needs of the country.

 Academic and professional qualification in forestry should be kept in view for

recruitment to the Indian Forest Services and the State Forest Service. Specialized
and orientation courses for developing better management skills by in service training
need to be encouraged, taking into account the latest development in forestry and
related disciplines.

FOREST SURVEY AND DATA BASE:

 Inadequacy of data regarding forest resources is a mater of concern because this

creates a false sense of complacency. Priority needs to be accorded to completing the
survey of forest resources in the country on scientific lines and to updating
information.

 For this purpose, periodical collection, compilation and publication of, reliable data
on relevant aspects of forest management needs to be improved with resource to
modem technology and equipment.

LEGAL SUPPORT AND INFRASTRUCTURE DEVELOPMENT:

 Appropriate legislation should be undertaken, supported by adequate infrastructure,

at the Center and State levels in order to implement the policy effectively.

POLICY STATEMENT FOR ABATEMENT OF POLLUTION 1992:

 PREAMBLE: The commitment of Government on abatement of pollution for

preventing deterioration of the environment is stated here. The policy elements seek
to shift emphasis from defining objectives for each problem area towards actual
implementation, but the focus is on the long term, because pollution particularly
affects the poor.

 The complexities are considerable given the number of industries, organizations and
government bodies involved. To achieve the objectives maximum use will be made of
a mix of instruments in the form of legislation and regulation, fiscal incentives,
voluntary agreements, educational programmes and information campaigns. The
emphasis will be on increased use of regulations and an increase in the development
and application of financial incentives.

FUTURE DIRECTION AND OBJECTIVES:

 It is not enough for the Government to notify laws, which are to be complied with. A
positive attitude on the part of everyone in society is essential for the prevention of
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pollution and wide consultation has been held with those who will ultimately
implement the policy.

 The objective is to integrate environmental considerations into decision making at all

levels. To achieve this, steps have to be taken to :

1. Prevent pollution at source ;

2. Encourage, develop and apply the best available practicable technical solutions ;

3. Ensure that the polluter pays for the pollution and control arrangements ;

4. Focus protection on heavily polluted areas and river stretches ; and

5. Involve the public in decision making.

THE NATIONAL CONSERVATION STRATEGY AND THE POLICY

STATEMENT ON ENVIRONMENT AND DEVELOPMENT:

CONSTRAINTS AND AGENDA FOR ACTION

 The modest gains made by the steps taken during the past few years leave no room
for complacency when viewed in the context of enormous challenges. We can meet
the challenges only by redirecting the thrust of our developmental process so that
making judicious and sustainable use of our natural resources fulfills the basic needs
of our people. Conservation, which covers a wide range of concerns and activities, is
the key element of the policy for sustainable development framing a conservation
strategy is, therefore, an imperative first step.

 Development requires the use and modification of natural resources; conservation

ensures the sustainability of development for the present and in the future. The
conservation strategy is to serve as a management guide for integration environmental
concerns with developmental imperatives.

 The agenda for action in this regard will include the following :

1. To ensure sustainable and equitable use of resources for meeting the basic needs of
the present and future generations without causing damage to the environment ;

2. To prevent and control future deterioration in land, water and air which constitute
our life-support systems;

3. To take steps for restoration of ecologically degraded areas and for environmental
improvement in our rural and urban settlements;
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4. To prevent further damage to and conserve natural and man-made heritage;

5. To ensure that development projects are correctly sited so as to minimize their

adverse environmental consequences;

6. To ensure that the environment and productivity of coastal areas and marine
ecosystems are protected;

7. To conserve and nurture the biological diversity, gene pool and other resources
through environmentally sustainable development and management of ecosystems,
with special emphasis on our mountain, marine and coastal, desert, wetlands, revering
and island ecosystems; and

8. To protect the scenic landscapes, area of geomorphological significance, unique

and representative biomes and ecosystems and wildlife habitats, heritage sites/
structures and areas of cultural heritage importance.

OCEAN POLICY STATEMENT:

 The oceans are known to be our last frontiers. Our long coast and the sense of
adventure of our ancients fostered a great maritime tradition.

 The Indian Ocean, which washes our shores, provides opportunities, which need to
be utilized. For success in ocean development, the entire nation should be permeated
by the spirit of enterprise and the desire to explore the frontiers of knowledge.

 Our experience in other fields of scientific Endeavour will help our efforts in ocean
development.

 What is necessary is a policy and structure to facilitate a dynamic thrust keeping in

view developments in other parts of the world.

WILDLIFE CONSERVATION STRATEGY 2002:

1. Wildlife and forest shall be declared priority sector at the national level for which
funds should be earmarked.

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2. Law enforcement agencies must ensure that those engaged in poaching, illicit trade
in wildlife and wildlife products, destruction of their habitat, and such other illegal
activities are given quick and deterrent punishment.

3. While strengthening protective measures against traditional threats to wildlife, we

should also respond to newer threats such as toxic chemicals and pesticides.

4. There should be governmental as well as societal recognition and support for the
many non-governmental organizations engaged in wildlife conservation. Mainstream
media to better highlight their activities as also successes of governmental initiative
that have worked.

5. Creative produced Television Programs on wildlife and ecology are widely

appreciated by young and old as seen from the popularity of dedicated T.V. channels
like, Discovery, National Geographic and Animal Planet.

6. No diversion of forestland for non-forest purposes from critical and ecologically

fragile wildlife habitat shall be allowed.

7. Removal of encroachments and illegal activities from within forestlands and

Protected Areas.

8. No commercial monoculture to replace natural forests.

9. The settlement of rights in National Park and Sanctuaries should not be used to
exclude or reduce the areas that are crucial and integral part of the wildlife habitat.

10. Every protected area should be managed by forest officers trained in wildlife
management.

NATIONAL ENVIRONMENT POLICY 2004:

 The Ministry of Environment and Forests, Government of India has published the
Draft National environment Policy, in which the Government emphasized the need
for a comprehensive policy, statement in order to infuse a common approach to the
various sectoral, cross-sectoral, including fiscal, approaches to environmental
management.

 The principal objectives of NEP 2004 are

1. To protect and conserve critical ecological systems and resources, and invaluable
natural and man – made heritage which are essential for life support, livelihoods,
economic growth, and a broad conception of human well-being ;

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2. To ensure equitable access to environmental resources and quality for all sections
of society, and in particular, to ensure that poor communities, which are most
dependent on environmental resources for their livelihoods, are assured secure access
to these resources ;

3. To ensure judicious use of environmental resources to meet the needs and

aspirations of present and future generations ;

4. To integrate environmental concerns into policies, plans, programs and projects for
economic and social development ;

5. To ensure efficient use of environmental resources in the sense of reduction in their

use per unit of economic output, to minimize adverse environmental impacts ;

6. To apply the principles of good governance (transparency, rationality,

accountability, reduction in time and costs, and participation) to the management and
regulation of use of environmental resources ;

7. To ensure higher resource flows, comprising finance, technology, management

skills, traditional knowledge and social capital, for environmental conservation
through mutually beneficial multi stakeholder partnerships between local
communities, public agencies and investors.

UNIT – V
CONSTITUTIONAL OBLIGATION TO PROTECT THE
NATURAL ENVIRONMENT
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INTRODUCTION:

 The Constitution of India, which is the supreme law of the land, has imposed an
obligation to protect the natural environment both on the State as well as the Citizens
of India.

 Part IV of the Constitution called the Directive Principles of State Policy has
imposed certain fundamental duties on the State to protect the environment.

 Part IV A of the Constitution has imposed a fundamental duty on every citizen of

India “to protect and improve the natural environment including forest, lakes, rivers,
and wildlife, and to have compassion for living creatures”.

OBLIGATIONS ON THE STATE

 Article 39 (b) of the Constitution of India provide that the State shall direct its policy
to see “that the ownership and control of the material resources of the community are
so distributed as best to sub serve the common good”. The term ‘material resources of
the community’ embraces all things, which are capable of producing wealth for the
community. The expressions ‘material resources of the community has been held to
include such resources in the hands of the private persons and not only those, which
have already vested in the State.

 The Constitution of India through Article 42 has directed the State to endeavor to
secure just and human conditions of work.

 Under Article 47 it imposes a duty upon the State to raise the level of nutrition and
the standard of living of its people and improve public health.

 The Supreme Court in Municipal Council, Ratlam vs. Vardhichand AIR 1980
SC1622 observed, “the State will realize that Article 47 makes it a paramount
principle of governance that steps are taken for the improvement of public health as
amongst its primary duties.

 Article 48 directs the State to take to organize agricultural and animal husbandry on
modern and scientific lines. In particular, it is directed to take steps for preserving and
improving the breeds and prohibiting the slaughter of cows, calves and other milch
and draught cattle.

 Of all articles, Article 48A which was added to the Constitution by the Constitution
of India 42nd Amendment Act in the year 1976, expressly directs the State “to protect
and improve the environment and to safeguard forest and wild-life”.
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 The Madras High Court in M.K. Janardhanam vs. District Collector,

Tiruvallur observed that “the phrase used (in Articles 48A and 51A) is ‘protect and
improve’ which implies that the phrase appears to contemplate affirmative
governmental action to improve the quality of the environment and not just to
preserve the environment in its degraded form.”

 The State is also required under Article 49 “to protect every monument or place or
object of artistic or historic interest (declared by or under law made by Parliament), to
be of national importance from spoliation, disfigurement, destruction, removal,
disposal or export.”

 Article 51 provide that the State should strive to “foster respect for international law
and treaty obligations”.

 Most important of all article is Article 37 which declares that the directive principles
contained in Part IV of the Constitution are “fundamental in the governance of the
country and it shall be the duty of the State to apply these principles in making laws.”

 In all the above articles, the expression ‘state’ is used and one should understand the
meaning of the word ‘state’. The framers of the Constitution of India chose to adopt
the same definition for the word ‘state’ as defined in Article 12 for the purpose of
Part IV of the Constitution as well. This was done to enable the judiciary to interpret
it so widely to bring all agencies and instrumentality of the State under the scope of
the word ‘State’.

 The object was to direct all such agencies and instrumentality of the State to apply
the directive principles in making laws.

 The Supreme Court in M.C. Mehta vs. Union of India (2002) 4 SCC 356 held that
“these directive principles (Articles 39 (b), 47 and 48A) individually and collectively
impose a duty on the State to create conditions to improve the general health level in
the country, and to protect and improve the natural environment.

 The Word State as defined in Article 12 and as interpreted by the Supreme Court
through various cases decided by it means and includes:

(1) the executive and the legislature of the Union,

(2) the executive and the legislature of the State,

(3) the judiciary (A.R. Antulay vs. R.S. Nayak, AIR 1988 SC 1531.

(4) local authorities like Municipalities, District Boards, Panchayats, Townships,

Corporations, Improvement Trusts, etc., and
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(5) other authorities which are agencies or instrumentality of the State.

 The Legislature, both the Union and the State, to fulfill their fundamental
obligations contained in the Constitution, have enacted a number if legislation to
protect and improve the natural environment and to safeguard forests and wild life.

 The Executive, both the Union and the State, to fulfill their constitutional
obligations, have made sufficient number of rules to effectively implement the laws
made by the legislatures to protect and improve the natural environment and to
safeguard forests and wildlife.

 The Judiciary, to fulfill its Constitutional Obligation as and is always prepared to

issue ‘appropriate’ orders, directions and writs against those persons who cause
environmental pollution and ecological imbalance.

 The Supreme Court in Rural litigation and Entitlement Kendra vs. State of U.P.
(1985) 2 SCC 431 ordered the closure of certain lime stone quarries causing large
scale pollution and adversely affecting the safety and health of the people living in the
area.

 Likewise, the Supreme Court in M.C. Mehta vs. Union of India (1986) 2 SCC 176
directed an industry manufacturing hazardous and lethal chemicals and gases posing
danger to health and life of workmen and people living in its neighborhood, to take all
necessary safety measures before reopening the plant.

 In yet another case filed by M.C. Mehta it ordered the closure of all tanneries, which
were found to be polluting the river Ganga (M.C. Mehta vs. Union of India (1987) 4
SCC 463).

 The Supreme Court on another occasion (M.C. Mehta vs. Union of India (1988) 1
SCC 471) directed the Mahapalika to get the dairies shifted to a place outside the city
and arrange for removal of wastes accumulated at the dairies so that it may not reach
the river Ganga. In the same case, it also directed the Mahapalika :-

1. to lay sewerage line wherever it was not constructed,

2. to construct public latrines and urinals for the use of poor people free of charge,

3. to ensure that dead bodies or half burnt bodies are not thrown into the river Ganga
and

4. to take action against the industries responsible for pollution.

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 In the Delhi industries pollution case (M.C. Mehta vs. Union of India (1996) 4
SCC 750), the Supreme Court ordered for the shifting of 168 hazardous industries
operating in Delhi as they were causing danger to the ecology.

 In S. Jagannath vs. Union of India (1997) SCC 811 the Supreme Court has held
that setting up of shrimp culture farms within the prohibited areas and in ecologically
fragile coastal areas have adverse effect on the environment, coastal ecology and
economics and hence, they cannot be permitted to operate.

 The Supreme Court in A.P. Pollution Control Board II vs. M.V. Nayude 2000,
case No 673. referred to the Resolution of the UNO passed during the United Nations
Water Conference 1977 to which India is a party and observed that “the right to
access to drinking water is fundamental to life and there is a duty on the State under
Article 21 to provide clean drinking water to its citizens”.

OBLIGATIION ON THE PART OF CITIZENS :

 The constitution under part IV A, Article 51 A (g) has declared that it shall be the
fundamental duty of a 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(j) has imposed on citizens another fundamental duty “to strive towards
excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement”.

 The Rajasthan High Court in Vijay Singh Puniya vs. State of Rajasthan AIR 2004
Raj 1 observed that “any person who disturbs the ecological balance or degrades,
pollutes and tinkers with the gifts of the nature such as air, water, river, sea and other
elements, of the nature, he not only violates the fundamental right guaranteed under
Article 21 of the Constitution but also breaches the fundamental duty to protect the
environment under Article 51A(g).

 This observation was made in a writ petition filed against dyeing and printing units,
which were discharging effluents and polluting the water sources used for agricultural
and drinking purposes.

UNIT – VI

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RIGHT TO LIVE IN A HEALTHY ENVIRONMENT –

EVOLUTION AND PRINCIPLES / DOCTRINES PROPOUNDED
BY THE JUDICIARY

EVOLUTION OF THE FUNDAMENTAL RIGHT TO LIVE IN A HEALTHY

ENVIRONMENT IN INDIA:

 In India the higher Judiciary has interpreted the existing constitutional provision viz.,
“the right to life” guaranteed in Article 21 to mean and include the right to live in a
healthy environment.

 The courts have intervened by writs, orders and directions in appropriate cases and
recognized the constitutional right to a healthy environment.

 The Supreme Court of India while deciding that certain limestone quarries in the
Doon Valley should be closed down to soil erosion, deforestation and river silting,
declared for the first time in Rural Litigation and Entitlement Kendra vs. State of UP
AIR 1985 SC 652 that the right of people to live in a healthy environment with
minimal disturbance to ecological balance shall be safeguarded.

 Though the Supreme Court of India did not clearly and explicitly recognize the right
to healthy environment, it has indirectly approved in many M.C. Mehta cases.

 In the first M.C. Mehta case, (AIR 1987 SC 985) which was filed against the alleged
leakage of oleum gas from a factory by a public-spirited, environment conscious law-
yer, the Supreme Court found that the case raised ‘some seminal questions
concerning the scope and ambit of Articles 21 and 32 of the Constitution.

 By making such a comment, the Court was manifestly referring to the concept of
right to life in Article 21 and the process of vindication of that right in Article 32.

 The second M.C. Mehta case (AIR 1987 SC 982) was relating to the modification of
some of the conditions which laid down by the Supreme Court in the first M.C.
Mehta case for the restarting of the industries, which were earlier ordered to be
closed.

 The third M.C. Mehta case (AIR 1987 SC 1086) was filed to determine the amount
of compensation payable to the victims affected by the leakage of oleum gas from a
factory.

 This case is considered to be one of the land mark case as it evolved a new
jurisprudence of liability to the victims of pollution caused by an industry engaged in

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hazardous and inherently dangerous activity. Even in this case the court did not
specifically declare the existence of the right to a clean and healthy environment
under Article 21.

 The fourth M.C. Mehta case (AIR 1988 SC 1037) was filed against the leather
tanneries, which were polluting the holy river Ganga by letting the effluents into the
river. In this case the Court held that the pollution of river Ganga is affecting the life
and health of the people and also the ecology of the Indo-Gangetic plain.

 In this case the Court issued directions to the tanneries to set up effluent treatment
plants within 6 months, failing which, the Court held that the tanneries would be
closed.

 It concluded that although the closure of tanneries might result in unemployment and
loss of revenue, life, health and ecology and greater importance.
 The fifth M.C. Mehta Case (AIR 1988 SC 1115) was filed against the failure of the
Kanpur Nagar Mahapalika to fulfill its statutory duties which caused after in the river
Ganga at Kanpur becoming so much polluted that it can no longer be used by the
people either for drinking or for bathing.

 In this case, the Court directed the Mahapalika to get the dairies shifted to a place
outside the city, to lay sewerage line where the same is not constructed as also to
increase the size of the existing sewers in labour colonies, to construct public latrines
and urinals for use of poor people free of charge, to ensure with the help of police that
dead bodies or half-burnt bodies are not thrown into the Ganga and to take action
against the industries responsible for the pollution.

 The above directions were also extended mutatis mutandis to all other Mahapalikas
and Municipalities which have jurisdiction over the areas through which the river
Ganga flows.

 The Supreme Court in neither of these cases declared explicitly that the right to a
clean and healthy environment is contained in the compendium of unremunerated
rights under Article 21.

 However, since the Court issued directions in all the above cases under Article 32 of
the Constitution it is evident that the Court has used Article 32, which is a provision
to enforce fundamental rights for the purpose of protecting the lives of the people,
their health and ecology.

THE DECLARATION OF RIGHT TO A CLEAN AND HEALTHY

ENVIRONMENT BY HIGH COURTS:

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 Though the Supreme Court was reluctant for a short period to declare explicitly that
the ‘right to life’ under Article 21 included the ‘right to a clean and healthy
environment’, the High Courts in the country enthusiastically declared that the right
to a clean and healthy environment is an integrate part of the right to life.

THE SUPREME COURT AND THE RIGHT TO CLEAN AND HEALTHY

ENVIRONMENT:

 In Subhash Kumar vs. State of Bihar (AIR 1991 SC 420) the Supreme Court
observed that “the right to life enshrined in Article 21, includes the right to enjoyment
of pollution free water and air for the full enjoyment of life. If anything endanger or
impairs the quality of life, an affected person or a person genuinely interested in the
protection of society would have recourse to Article 32”.

 This case was public interest litigation filed against pollution of the Bokaro River by
the sludge/slurry discharged from the washeries if the Tata Iron and Steel Company
Ltd. It was alleged that the release of effluent into the river results in making the
water unfit for drinking purposes and for irrigation.

 In Vellore Citizens Welfare Forum vs. Union of India (AIR 1996 SC 2715) the
Supreme Court has observed that “ The Constitutional and statutory provisions
protect a person’s right to fresh air, clean water and pollution free environment, but
the source of the right is the inalienable common law right of clean environment…
Our legal system having been founded on the British Common Law, the right of a
person to pollution free environment is a part of the basic jurisprudence of the land”.
This PIL was directed against the pollution which is being caused by enormous
discharge of untreated effluent by the tanneries into agricultural fields, road sides,
water ways, open land finally discharged into river Palar.

 In Narmada Bachao Andolan vs. Union of India (AIR 2000 SC ) the Supreme
Court of India declared that “water is the basic need for the survival of human beings
and is part of right to life and human rights as enshrined in Article 21 of the
Constitution of India… It is a mater of great concern that even after half a century of
freedom, water is not available to all citizens even for their basic drinking necessity
violating human right resolution of UNO and Article 21 of the Constitution of India”.

 This case was filed by an NGO against the environment clearance given by the
Government for contraction of the Sardar Sarovar Dam across the Narmada River.

EVOLUTION OF PRINCIPLES AND DOCTRINES FOR PROTECTION OF

ENVIRONMENT:
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 The Indian Judiciary to develop an indigenous jurisprudence and to formulate new

strategies for enforcing the right to life and awarding compensation in an
‘appropriate’ case.

 Chief Justice BHAGWTI in M.C. Mehta vs. Union of India (AIR 1987 SC 1086
and 1089) declared in unambiguous terms that “we have to evolve new principles and
lay down new norms, which would adequately deal with the new problems which
arise in a highly industrialized economy.

 The formulation of new principles and pronouncement of new doctrines ‘as part of
the law of this country’ for protection of environment is a remarkable achievement of
the Indian Judiciary. Some such principles and doctrines propounded by the Indian
Judiciary are :

1. Principle of Absolute Liability

2. Polluter Pays Principle

3. Public Trust Doctrine

4. Doctrine of Sustainable Development

5. Doctrine of Inter-generational Equity.

Principle of absolute liability:-

 The Supreme Court of India formulated the doctrine of absolute liability for harm
caused by hazardous and inherently dangerous industry by interpreting the scope of
the power under Article 32 of the Constitution of India to issue directions are orders,
‘whichever may be appropriate’ in ‘appropriate proceedings’.

 Absolute liability for the harm caused by industry engaged in hazardous and
inherently dangerous activities is a newly formulated doctrine free from the
exceptions to the strict liability rule of the Common Law principle of England. This
rule was evolved in M.C. Mehta vs. Union of India AIR 1987 SC 1089, which is
popularly known as the ‘oleum gas leak case’.

Polluter Pay Principle:

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 It is now recognized that pollution is a form of waste and a symptom of inefficiency

in industrial production. Hence it was just and necessary to device various kinds of
measures to prevent and minimize industrial pollution.

 The World Commission on Environment and Development (WCED) in its report has
suggested that the environment cost of economic activity shall be internalized by the
enterprises.

 Principle 16 of the Rio Declaration proclaims that “national authorities should

endeavour to promote the internalization of environmental costs and the use of
economic instruments, taking into account the approach that the polluter should, in
principle, bear the cost of pollution with due regard to the public interest and without
distorting international trade and investment”.

 Polluter Pays Principle (PPP) which was originally considered as an economic and
administrative measure to restrain and control the pollution problem has recently been
recognized as a powerful legal tool to combat environment pollution and associated
problems.

 The Supreme Court of India in M.C. Mehta vs. Union of India AIR 1987 SC 1086
has impliedly applied the polluter pays principle to deal with the problem caused by
the oleum gas leakage from the Shriram Food and Fertilizer Corporation.

Precautionary Principle:

 Before 1972 at the international level, it was the concept of ‘assimilative capacity’
which was in operation.

 According to this concept, the environment, having assimilative process, absorbs

itself the shock of pollution, but beyond a certain limit the pollution may cause
damage to the environment requiring efforts to repair it.

 Thus, according to the assimilative capacity theory, the role of law will begin only
when the limit is crossed. But pollution cannot wait for action to be postponed for
investigation of its quality, concentration and boundaries. So there was a shift from
the principle of ‘assimilative capacity’ to the ‘precautionary principle’.

 Principle 15 of the Rio declaration proclaims that “in order to protect the
environment the precautionary approach shall be widely applied by States according
to their capabilities. Where there are threats of serious or irreversible damage, lack of
full scientific certainty shall not be used as a reason for postponing cost effective
measures to prevent environmental degradation”.
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 The Supreme Court of India in Vellore Citizens Welfare Forum vs. Union of India
has declared that the ‘precautionary principle’ is an essential feature of sustainable
development. The Supreme Court has also supplied meaning to the precautionary
principle in the context of the Municipal law. According to which the precautionary
principle means :

(i) Environmental measures – by the State Government and the statutory authorities –
must anticipate, prevent and attack the causes of environmental degradation.

(ii) 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.

(iii) The “onus of proof” is on the actor or the developer/industrialist to show that his
action is environmentally benign.

Public Trust Doctrine:

 The Supreme Court’s decision in M.C. Mehta vs. Kamalnath 1997 SCC 388 is an
excellent exposition of the Doctrine of Public Trust.

 A new items appeared in India Express stating that a private company Span Motels
Pvt Ltd. In which the family of Kamal Nath (a former Minister for Environment and
Forests) had duct link, had built a club at the bank of river Beas by encroaching land
including substantial forest land which was later regularized and leased out to the
company when Kamal Nath was the Minister. It was stated that the Motel used
earthmovers and bulldozers to turn the course of the river Beas.

 The effort on the part of the Motel was ti create a new channel by diverting the river-
flow. According to the news item three private companies were engaged to reclaim
huge tracts of land around the Motel. The main allegation in the news items was that
the course of the river was being diverted to save the Motel from future floods. The
Supreme Court took notice of the news item because the facts disclosed therein, if
true, were be a serious act of environmental degradation on the part of the Motel.

 In this case the Supreme Court applied the Doctrine of Public Trust for protection of
the environment . Justice KULDIP SINGH has exhaustively gathered information on
this Public Trust Doctrine from various juristic writings and decisions of the
American Courts.

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 The Supreme Court in M.C. Mehta vs. Kamalnath (1997) I SCC 388 observed, “our
legal system based on English Common Law includes the public trust doctrine as part
of its jurisprudence.

 The State is the trustee of all natural resources, which are by nature meant for public
use and enjoyment. Public at large is the beneficiary of the seashore, running waters,
airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty
to protect the natural resources. These resources meant for public use cannot be
converted into private ownership.”

Doctrine of Sustainable Development

 The World Commission on Environment and Development (WCED) in its report

popularly known as the Brundtland Report, named after the Chairman of the
commission Ms. G.H. Brundtland, Prime Minister of Norway, has defined the
concept ‘Sustainable Development’. According to the Brundtland Report, Sustainable
Development means “development that meets the needs of the present without
compromising the ability of the future generations to meet their own needs”.

 Rural Litigation and Entitlement Kendra vs. State of U.P. AIR 1985 SC 652
(popularly known as Doon Valley case) was the first case in India involving issues
relating to environment and development. The decision of the court in this case
reaffirmed and reiterated that development is not antithetical to environment. The
court observed that “we are not oblivious of the fact that natural resources have got to
be tapped for the purposes of the social development but one cannot forget at the
same time that tapping of resources have to be done with the requisite attention and
care so that ecology and environment may not be affected in any serious way, there
may not be depletion of water resources and long term planning must be undertaken
to keep up the national wealth. It is always to be remembered that these are
permanent assets of mankind and or not intended to be exhausted in one generation”.

Doctrine of Inter – generational Equity:

 The tragedy of the predicament of the civilized man is that every source from which
man has power on earth has been used to diminish the prospects of his successors. All
his progress is being made at the expense of damage to the environment, which he
cannot repair and cannot foresee. “Rivers, forests, minerals and such other resources
constitute a nation’s natural wealth.

 These resources are not to be frittered away and exhausted by any one generation.
Every generation owes a duty to all succeeding generations to develop and conserve
the natural resources of the nation in the best possible way. It is in the interest of
mankind. It is in the interest of the nation,” opined the Supreme Court in State of
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Tamil Nadu vs. Hind Stone (AIR 1981 SC 711). The idea behind this doctrine is that
“every generation should leave water, air, and soil resources as pure and unpolluted
as and it come to earth. Each generation should leave undiminished all the species of
minerals it found existing on earth”.

 Principle 1 of the Stockholm Declaration on Human Environment (1972) declares

that “Man has the fundamental right to freedom, equality and adequate conditions of
life, in an environment of quality that permits a life of dignity and well-being, and he
bears a solemn responsibility to protect and improve the environment for the present
and future generations…”

 Principle 2 of the Stockholm Declaration on Human Environment points out that “the
natural resources of the earth including the air, water, land, flora and fauna and
especially representative samples of natural ecosystems must be safeguarded for the
benefit of present and future generations through careful planning or management, as
appropriate.”

UNIT – VII
HISTORY OF EVOLUTION OF LAW TO HANDLE POLLUTION
AND OTHER ENVIRONMENTAL PROBLEMS IN INDIA
 HISTORY OF ENVIRONMENTAL PROTECTION IN INDIA :

 The history of the evolution of law to handle pollution and other environmental
problems in India can be studied under four periods;

1. Ancient India;

2. Medieval India;

3. During the British period; and

4. The Post - Independence period.

ENVIRONMENTAL PROTECTION IN ANCIENT INDIA :

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 Forest, Wild life, and more particularly trees were in high esteem and held a place of
special reverence in Hindu theology. The Vedas, Puranas, Upanishands and other
scriptures of the Hindu religion gave a detailed description of trees, plants and wild
life and their importance to the people.

 The Rig Veda highlighted the potentialities of nature in controlling the climate,
increasing Fertility and improvement of human life emphasizing for intimate kinship
with nature.

 Atharvana Veda considered trees as abode of various gods and goddesses.

 Yajur Veda emphasized that the relationship with nature and animals should not be
that of dominion and subjugation but of mutual respect and kindness.

 During the Vedic period, cutting of live trees was prohibited and punishment was
prescribed for such acts. For example Yajnavalkya Smriti, has declared cutting of
trees and forest as a punishable offence and has also prescribed a penalty of 20 to 80
pana.

 The Hindu society was thus conscious of adverse environmental effects caused by
deforestation and extinction of animals species.

 In Srimad Bhagavatam, it has been rightly pointed out that a man who with exclusive
devotion offers respect to sky, water, earth, heavenly bodies, living beings, trees,
rivers, and seas and all created beings and considers them as a part of the body of the
Lord attains the state of supreme peace and God’s grace.

 Yajnavalkya Smriti and Charak Samhita gave many instructions for water for
maintaining its purity.

 The Mauryan period was perhaps the most glorious chapter of the Indian History
from environmental protection point of view. It was in this period that we find
detailed and perceptive legal provisions fond in Kautalya’s Arthashastra written
between 321 B.C. and 300 B.C.

 The necessity of forest administration was realized in this period and the process of
administration was actually put into action with the appointment of superintendent of
forest and the classification of forest on a fictional basis. The State assumed the
functions of maintenance of forest, regulation of forest produce and protection of wild
life during Mauryan reign.

 Under the Arthashastra various punishments were prescribed for cutting trees,
damaging forest, and for killing animals, fish, deers, etc. For cutting the tender

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sprouts of trees in city parks that bore flowers or fruits or yielded shade, the fine was
6 panas, for cutting small branches 12 panas and for cutting stout branches 24 panas.

 Arthashastra also prescribed punishment for causing pollution and uncivic sanitation.
It provided that the officer in charge should punish those who threw waste on the
roads by 1/8th pana, for causing muddy water 1/4th pana and if both acts were
committed, the punishment should be double. If faecal mater is thrown or caused to
be piled up near temple, well or pond, sacred place or state building, then the
punishment was to increase gradually by one pana in each case.

 For urinating in such places the punishment prescribed was half of the above
punishments.

 The environment conservation, as it existed during Mauryan period continued more

or less unaltered in subsequent reigns until the end of Gupta empire in 673 A.D.
prohibitions for forest destruction and animal killings were announced by other Hindu
Kings.

 For example, the King Ashoka, in Pillar edict had expressed his viewpoint about the
welfare of creature in his state. He prescribed various pecuniary punishments for
killing animals, which included even ants, squirrels, parrots, red headed ducks,
pigeons, lizards and rats as well.

 To sum up, ancient India had a philosophy of environmental management principally

enshrined in old injunctions as they were contained in many scriptures and smrities.
Abuse and exploitations of nature for immediate gains wad considered unjust,
irreligious and against environmental ethics under the Hindu culture.

 The environmental ethics of nature conservation were not only applicable to common
man but also the rulers and they also bound kings. Despite the injunctions in the
scriptures and preaching of saints, resources consecration was not taken very
seriously as the natural resources under a common belief were considered to be
inexhaustible and too formidable for man and his tools to need any protection
themselves.

ENVIRONMENTAL PROTECTION IN MEDIEVAL INDIA :

 From the point of view of environment conservation, a significant contribution of

Moghul emperors has been the establishment of gardens, fruit orchards and green
parks, round about their palaces, central and provincial headquarters, public places,
on the banks of the rivers and in the valley and dales which they used as holiday
resorts or places of retreat or temporary headquarters during the summer season.

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 Among the officials empowered for administration of justice by the Sultans and the
emperors of India. ‘Muhtasibs’ (censor) were vested with the duty of prevention of
pollution. His main duty among others was to remove obstructions from the streets
and to stop the commission of nuisance in public places. The instructions given to a
newly appointed Muhtasib by the emperor Aurangazeb throws a flood of light on the
functions of this officer :

 In the bazaars and lanes observe if anyone, contrary to the regulations and customs,
has screened off (abru) a part of the street, or closed the path or thrown dirt and
sweepings on the road, or if anyone has seized the portion of the bazaar area reserved
for public traffic and opened his shops there; you should in such cases urge them to
remove the violation of regulations.”

 There is opinion that “the Moghul emperors, through were great lovers of nature and
took delight in spending their spare time in the lap of natural environment, made no
attempts on forest conservation”.

ENVIRONMENTAL PROTECTION DURING THE BRITISH RULL IN

INDIA :

 The early days of British rule in India were days of plunder of natural resources.
There was a total indifference to the needs of forest conservancy. They caused a
“fierce onslaught” on India’s forests. The onslaught on forest was primarily due to the
increasing demands for military purpose, for British navy, for local construction (such
as roads and railways), supply of teak and sandalwood for export trade and extension
of agriculture in order to augment revenue.

 The British Government started exercising control forests in the year 1806 when a
commission was appointed to enquire into the availability of teak in Malabar and
Travancore by way of appointment of Conservator of Forests.

 This move failed to conserve forests as the appointed conservator plundered the
forest wealth instead of conserving it. Consequently, the post of conservator of forest
was abolished in the year 1823.

 The second half of the 19th century marked the beginning of an organized forest
management in India with some administrative steps taken to conserve forest; the
formulation of forest policy and the legislations to implement the policy decisions.
The systematic management of forest resources began with the appointment of first
Inspector General of Forest in 1864. The immediate task of exploration of resources,
demarcation of reserves, protection of forest from fire and assessment of the growing
stock in valuable reserve by sample enumeration and prescription of yields which
could be sustained.
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 The objective of management of forests thus changed from obtaining them as a

biological growing entity.

 The first step of the British Government to assess state monopoly right over the
forest was the enactment the Forest Act, 1865. The Act was revised in 1878 and
extended to most of the territories under the British rule. It also expanded the powers
of the State by providing for reserved forest, which were closed to the people and by
empowering the forest administration to impose penalties for any transgression of the
provision of the Act.

 The British Government declared its first Forest Policy by a resolution on the 19 th
October 1884. The policy statement had the following objectives :

1. Promoting the general well being of the people in the country;

2. Preserving climatic and physical conditions in the country;

3. Fulfilling the need of the people.

 The policy also suggested a rough functional classification of forest into the
following four categories :

1. Forest, the preservation of which was essential on climatic or physical grounds;

2. Forest which offered a supply of valuable timber for commercial purposes;

3. Minor forests which produced only the inferior sorts of timber; and

4. Pastures which were forests only in name.

 To implement the Forest Policy of 1884, the Forest Act of 1927 was enacted. This
Act was very comprehensive and contained all the major provisions of the earlier Act
and the Amendments made thereto including those relating to the duty on timber. The
Act of 1927 also embodied land use policy whereby the British could acquire all
forestland, village forest and other Common Property resources. This Act is still in
force, together with several amendments made by the State Governments.

 Till 1935, the Government of India enacted the Forest Acts. In 1935 the British
Parliament, through the Government of India Act 1935 created provincial legislatures
and the subject of the forest was included in the provincial legislative list. Thereafter,
several provinces made their own laws to regulate forests.

 Most of these laws were within the framework laid down in the 1927 Act.

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 Apart from the management of forest resources the British Government also
concentrated on certain other areas like water pollution, air pollution, wild life and
land use by enacting numerous legislations.

 The Shore Nuisance (Bombay and Kolaba) Act of 1853, Oriental Gas Company Act,
1857, the Indian Penal Code, 1860, the Indian Easement Act of 1862, the Indian
Fisheries Act, 1897 were some of the important legislations made buy the British
Government .

 These legislations contained provisions for the regulation of water provision and also
prescribed punishments for the violation of these legislations.

 The British Government for controlling Air Pollution enacted the Bengal Smoke
Nuisance Act of 1905, and the Bombay Smoke Nuisance Act of 1912.

 Likewise, for protection of wildlife the British Government made certain legislations.
In 1873, the then Madras Government enacted the first wild life statute for the
protection of wild elephants.

 The Elephants Preservation Act of 1879, the Wild Birds and Animals Protection Act,
1912 and the Forest Act 1927 were other legislations which aimed at conservation of
bio-diversity.

ENVIRONMENTAL PROTECTION DURING THE POST INDEPENDENCE

ERA :

 The post independence era witnessed a lot of changes in the policies and attitudes of
the Governments with respect to environmental protection. The Constitution of India,
which came into force on 26th January 1950, had few provisions regarding
environmental management.

 Article 39(b) provides that “the State shall direct its policy towards securing that the
ownership and control of the material resources of the community are so distributed
as best to subserve the common good”.

 Article 47 provides that “the State shall regard the rising of the level of nutrition and
the standard of living its people and the improvement of public health as among its
primary duties.

 Article 48 directs that “the State shall Endeavour to organize agricultural and animal
husbandry on modern and scientific lines and take steps for preserving and improving
the breeds and prohibiting the slaughter of cows and calves and other milch and
draught cattle.

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 Article 49 directs that “it shall be the obligation of the State to protect every
monument or place or object of artistic or historic interest, declared to be of national
importance, form spoliation, disfigurement, destruction, removal, disposal or export
as the case may be”.

 In 1950, the country adopted a National Festival of planting trees (Van Mahotsava)
with the object of creating mass awareness about the value of forests in human well-
being.

 In 1952, the National Forest policy was formulated for the purpose of proper
management of forests of the country and to maximize the benefits of forests, both
direct and indirect.

 The Pitambar Pant Committee on Human Environment was set up to prepare a report
on the state of environment for presentation at the United Nations Conference on
Human Environment held at Stockholm in 1972. The reports of this Committee
formed the basis upon which India’s policy concern on environment was presented at
the Stockholm Conference.

 The year 1972 is a landmark in the history of Environmental Management in India. It

was the year in which the United Nations Conference on Human Environment was
held at Stockholm.

 The views expressed at the Stockholm Conference formed a core part of the basic
environment philosophy of India that found expression in various governmental
policy pronouncements in subsequent years.

 In 1972, the Wild Life (Protection) Act was enacted for the purpose of protection of
‘wild animals, birds and plants’. This Act was made to prevent hunting and also to
control trade in wild life products.

 In 1973, a centrally sponsored scheme “project Tiger” was launched to ensure the
maintenance of the pollution of tigers in India. During the sixth and seventh Five
Year Plans, Government of India launched a number of centrally sponsored schemes
to supplement the State Governments’ programmes for Wild Life Conservation.

 Under the “Project Tiger Scheme” the number of Tiger Reserves rose from 9 at the
beginning of the project in 1973 to 21 covering over 28,017 sq.kms. Forest area of the
country by the end of Eighties.

 The preparation of a Tiger Action Plan and formulation of a Global Tiger Forum
(GTF) have been initiated recently. India has been elected as the chairperson for the
first meeting of the GTF.

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 In 1974, the Water (Prevention and Control of Pollution) Act was passed for the
purpose of prevention and control of water pollution and for maintaining and
restoring the wholesomeness of water. The Act also provides for the creation of
Pollution Control Boards.

 In 1975, the Water (Prevention and control of Pollution) Rules, was made in exercise
of the powers conferred by Section 63 of the Water Act, 1974.

 In April 1981, the National Committee on Environment Planning was constituted for
the purpose of preparing an annual ‘State of Environment’ Report. The eighties
witnessed the creation of many eco-specific organizations like –

1. National Eco Development Board;

2. Botanical Survey of India;

3. Zoological Survey of India;

4. National Museum of Natural History;

5. National Ambient Air quality Monitoring Agency;

6. National Remote Sensing Agency;

7. Center for Earth and Science Studies;

8. Environmental Information System(ENVIS);

9. Eco Development Task Force of Ex-Servicemen;

10. Indian National Man and Bio-sphere Committee;

11. Environmental Research Committee;

12. Integrated Action-oriented Eco Development Research Programme;

13. Centre of Excellence for Environment Education;

14. National Environment Advisory Committee

15. National Wasteland Development Board;

16. National Afforestation and Eco Development Board

17. Global Environment Monitoring System (GEMS);

18. Monitoring of Indian National Aquatic Resources (MINARS).

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 In the year 1980, the Forest (Conservation) Act was made for the conservation of
forests and to check further deforestation. This Act imposes restriction on the
derreservation of forests or the use of forestland for non-forest purposes.

 In 1981, the Air (Prevention and Control of Pollution) Act was enacted to provide for
the prevention, control and abatement of air pollution and for the establishment of
Central and State Pollution Control Boards. This Act was amended in 1987 to include
noise pollution.

 In 1988, the ‘National Forest Policy’ was formulated with the principle aim of
ensuring environmental stability and maintenance of ecological balance.

 In 1989, the Hazardous Wastes (Management and Handling) Rules, Manufacture,

storage and import of hazardous chemicals Rules were made by the Central
Government in exercise of the powers conferred on it by the Environment
(Protection) Act.

 In 1991-92, ‘The Project Elephant’ was launched aiming at ensuring long term
survival of identified viable population of elephants and tackling the problematic
elephant populations causing serious depredation. A steering committee on the
Project Elephant was constituted in October 1992 which keeps a watch on the
implementation of this Project.

 In February 1992, the Ministry of Environment and Forests released the ‘policy
Statement for Abatement of Pollution’ through which the Government declared its
commitment for abatement of pollution for prevention deterioration of the
environment. The chief objective of the policy statement “is to integrate
environmental considerations into decision making at all levels”.

 In 1996, the Chemical Accidents (Emergency Planning, preparedness and response)

Rules was made by the Central Government in exercise of the powers conferred by
the Environment (Protection) Act, 1986.

 In the year 1998, the Bio-medical wastes (Management and Handling) Rules was
made by the Central Government in exercise of the powers conferred on it by the
Environment (Protection) Act, 1986.

 In 1999, the Central Government, in exercise of the powers conferred by the

Environment (Protection) Act, 1986 has made the ‘Recycled Plastics (Manufacture
and Usage) Rules, 1999’ and ‘Environment (Sitting for industrial projects) Rules,
1999’.

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 In the year 2000, the Central Government by virtue of powers conferred on it by the
Environment (Protection) Act, 1986, made the following rules :

1. The Noise Pollution (Regulation and Control) Rules, 2000;

2. Ozone Depleting Substances (Regulation and Control) Rules, 2000; and

3. The Municipal Solid Wastes (Management and Handling) Rules, 2000.

4. Batteries (Management and Handling) Rules, 2001

 Apart from the above eco-specific legislations, realizing that there is no

comprehensive legislation dealing with bio-diversity in India, and to fulfill its
international obligation under the Conversation on Bio-Diversity (CBD), the
Government of India has enacted the Biological Diversity Act 2002. This Act aims at:

1. Prohibiting transfer of Indian genetic material outside the country, without

approval of the Indian Government.

2. Stipulating that patents or other intellectual property rights (IPR) over such
material, or over related knowledge, can only be taken after seeking permission in
advance;

3. Providing for the levying of appropriate fees and royalties on such transfers and
IPRs;

4. Regulating access to such material by Indian nationals also, to stop over-

exploitation;

5. Providing for the sharing of benefits of various kinds, including transfer of

technology, monetary returns, joint R&D, venture capital funds, and joint IPR
ownership;

6. Providing measures for habitat and species protection. EIAs of projects which
could harm bio-diversity, intention of bio-diversity into all sectoral plans,
programmes and policies;

7. Giving local communities a say in the use of resources and knowledge within their
jurisdiction and to charge fees from parties who want to use these resources and
knowledge;

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8. Providing for the protection of indigenous knowledge, through appropriate

legislation or administrative steps such as registration at local, State and national
levels;

9. Stipulating that risks associated with the use of genetically modified organisms,
will be controlled through appropriate means; and

10. Providing for the designation of institutions as repositories of biological

resources.

UNIT – VIII
REMEDIES FOR ENVIRONMENTAL POLLUTION AVAILABLE
UNDER COMMON LAW AND STATUTE LAW

ENVIRONMENTAL PROBLEMS – TORT LAW REMEDIES:

 Common Law, a derivative if Latin expression ‘Lex Communis’ refers to a body of

customary law of England, which is based upon judicial decision. The Common Law,
though has its origin in England, continues to be in force in India as per article 372 of
the Constitution in so far as it is not altered, repealed or amended by Competent
Legislature or other Competent Authority.

 The Common Law remedies for environmental problems are available under Law of
Torts. The Law of Torts is fashioned as “an instrument for making people adhere to
standards of reasonable behavior and respect the rights and interests of one another”.
Thus it does by protecting interests and by providing for situations when a person
whose protected interest is violated can recover compensation for the loss suffered by
him from the person who has violated the same. By “interest” here is meant “a claim,
want or desire of a human beings seeks to satisfy, and of which, therefore, the
ordering of human relations in civilized society must take account”. Therefore, to
constitute a tort or civil injury;

 There must be a wrongful act committed by a person;

 The wrongful act must give rise to legal damage or actual damage; and

 The wrongful act must be of such a nature as to give rise to a legal remedy in the
form of an action for damages.

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o Tortious liabilities for environment pollution are available under the following
heads :-
1. Negligence;

2. Nuisance;

3. Trespass.

Negligence:

 Negligence according to Winfield “is the breach of legal duty to take care which
results in damage, undesired by the defendant to the plaintiff”. The definition
involves three constituents of negligence :

1. A legal duty to exercise due care on the part of the party complained of towards
the party complaining the former’s conduct;

2. Breach of the said duty; and

3. Consequential damage.

 The cardinal principle of liability is that the party complained of should owe to the
party complaining a duty to take care, and that the party complaining should be able
to prove that he has suffered damage in consequence of a breach of that duty. The
existence of a duty situation or a duty to take care is thus essential to hold a person
liable for negligence.

 The facts in Naresh Dutt Tyagi vs. State of U.P. 1995 (3) SCC 144 are a classic
example of cases of negligence in India. In this case, chemical pesticides were stored
negligently in a godown in a residential area. Fumes emanating from the pesticides
leaked through the ventilators and caused the death of three children and an infant in
the womb of the mother who were living in an adjacent property. The Court held that
this is a clear case of negligence and awarded appropriate relief to the victims.

THE RULE IN M.C. MEHTA VS. UNION OF INDIA (AIR 1987 SC 965)
(ABSOLUTE LIABLITY) :

 The Supreme Court of India in M.C. Mehta vs. Union of India has laid down a more
stringent rule laid down by the English Courts in Rylands vs. Fletcher. The case
relates to the harm caused by the escape of Oleum gas from one of the units of
Shriram foods and fertilizer industries. The Supreme Court held that the rule laid
down in Rylands vs. Fletcher was more than a century old and it could not address the
current problems fully.

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 This is because, now the society has become a modern industrialized society with
highly development scientific knowledge and technology where hazardous or
inherently dangerous activities are necessarily to be carried out as part of the
development activities. In this context the Court held that it was necessary to laid
down a new rule not yet recognized by English Law to adequately deal with the
problems arising in a highly industrialized economy.

NUISANCE :

 The word ‘Nuisance’ is derived from the French word ‘nuire’ which means “to do
hurt or to annoy”. Blackstone describes Nuisance as something that “worketh hurt,
inconvenience or damage”.

 Nuisance is two kinds :

1. Public, general or common and

2. Private

PUBLIC OR COMMON NUISANCE :

 Public Nuisance is an act affecting the public at large or considerable portion of it;
and it must interfere with rights which members of the community might otherwise
enjoy. Acts, which seriously interfere with the health, safety, comfort or convenience
of the public generally, which tend to degrade public morals have always been
considered as public nuisance.

 The basis of the law of nuisance is the maxim ‘sic utere tuo ut alienum non laedas’ :
which means that ‘a man must not make such use of his property as unreasonably and
unnecessarily to cause inconvenience to his neighbor’.

PRIVATE NUISANCE :

 ‘Private nuisance’ is the using or authorizing the use of one’s property or occupier of
property by physically injuring his property or by interfering materially with his
health, comfort or convenience. Winfield has defined Private Nuisance as “unlawful
interference with a person’s use or enjoyment of land or some right over or in
connection with it.

 Private Nuisance include acts leading to_

1. Wrongful disturbances of easements or servitude, e.g. obstruction to light and air,

disturbance of right to support;

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2. Wrongful escape of deleterious substances into another’s property, such as smoke,

smell, fumes, gas, noise, water, filth, heat, electricity, disease causing germs, trees,
vegetation, animals etc.,

 Private nuisance is in the nature of injuries to property whether to easements such as

the obstruction of light or of rights of way, or of the diversion of water course, or the
withdrawal of support from a house; or in other kinds of property as by noise, noxious
vapours, smoke and things of that type.

 In Dr. Ram Raj Singh vs. Babulal (AIR 1982 All 285) an action was brought by a
medical practitioner against the erection of a brick grinding machine stating that the
dust generated by the brick-grinding machine polluted the atmosphere and also
entered the consulting chamber of the medical practitioner causing inconvenience to
him and his patients. The Court granted a permanent injunction against the defendant
restraining him from running his brick-grinding machine there.

REMEDIES FOR PUBLIC NUISANCE UNCDER CIVIL PROCEDURE

CODE :

 Section 91 of the Code of Civil Procedure lays down the procedure for claiming
remedies for Public Nuisance and other wrongful acts affecting the public.

 Section 91 provides that “In the case of a public nuisance or other wrongful act
affecting, or likely to affect, the public, a suit for a declaration and injunction or for
such other relief as may be appropriate in the circumstances of the case, may be
instituted, by the Advocate General or with the leave of court,

 by two or more persons, even though no special damage has been caused to such
persons by reason of such nuisance or other wrongful act.”
 The powers conferred by Section 91 on the Advocate General may be exercised
outside the Presidency Towns, by the Collector or by such officer as the State
Government may appoint in this behalf.

 In order to attract Section 91, proof of obstruction to public road is not enough it
should also be proved that the obstruction caused constitutes a public nuisance.

 The wrongful act conceived of in section 91 can be assumed to included ‘wrongful

omissions’ as well. Opening a burial and burning ground near residential house,
slaughtering cattle in Public Street, obstruction to and encroachment upon public
highway, are some of the instances of public nuisances.

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TRESPASS

 ‘Trespass’ in its widest sense means any transgression or offence against the law of
nature, of society, or of the country, whether relating to a man’s person or to his
property.

 To constitute the wrong of trespass, neither force nor unlawful intention, nor actual
damage, nor the breaking of an enclosure is necessary. Trespass may be committed

(1) by entering upon the land of the plaintiff or

(2) by remaining there, or

(3) by doing an act affecting the sole possession of the plaintiff, in each case without
justification.

WRONGS TO EASEMENTS AND SIMILAR RIGHTS :

 An easement is a right, which the owner of a property has to compel the owner of
another property to permit something to be done, or to refrain from doing something
on the servient tenement for the benefit of the dominant tenement, e.g. right to light, a
right of way.

 Every land owner has certain ‘natural rights’ attached to the land, as rights of
property not requiring any acquisition, e.g. right of support for land, right to water
etc.

 The important natural rights and easements, the invasion of which is treated as wrong
are :

1. right to support

2. riparian rights in natural water courses and streams

3. right to artificial water courses

4. right to surface water

5. right to sub-terranean water

6. right against pollution of water

7. right to access of air

8. right to access of light

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9. right to way

10. right of privacy and confidentiality

11. right of prospect

12. right to take something off the land of another person (profits a prendre)

13. right to common (right of pasture, right of fishery etc.)

14. right of ferry

15. right of market.

PROVISIONS UNDER THE INDIAN PENAL CODE :

 Chapter 14 of the Indian Penal Code contains provisions relating to offences affecting
the public health, safety, convenience, decency and morals. Section 268 deals with
Public Nuisance and it provides that “a person is guilty of a public nuisance, who
does any act, or is guilty 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 use any public right”.

 Under the Indian Penal Code, 1860 the word person is defined to include “any
company or association or body of persons, whether incorporated or not”. The word
public includes any class of the public or any community. Therefore, a body or class
of persons living in a particular locality may come within the term public.

 In view of the above, acts, which interfere with the health, safety, comfort, or
convenience of the public generally have always been considered public nuisances.
For e.g. keeping large quantities of materials for making fire works near a street,
working rise husking machine at night in a residential quarter of city etc., have been
held to be public nuisances.

Section 268 requires the following essentials :

1. doing of any act or illegal omission to do an act;

2. the act or omission;

(i) must cause any common injury, danger or annoyance_

(a) to the public or

(b) to the people in general, who dwell or occupy property in the vicinity, or

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(ii) must cause injury, obstruction, danger or annoyance to persons who may have
occasions to use any public right.

 Section 290 prescribed punishment for public nuisance. The punishment prescribed
is a fine, which may extend to Rs. 200.

 In Tamil Nadu, The Tamil Nadu Prohibition of Smoking and Spitting Act, 2002 was
enacted to provide to provide for prohibition of smoking and spitting in the place of
public work or use and in public service vehicle. The Act prohibits smoking and
spitting in place of public work, prohibits smoking and spitting in public service
vehicle and prescribes a punishment of fine which may extend to Rs. 100 and in case
of second or subsequent offence shall be punishable with a minimum fine of Rs. 200
which may extend to Rs. 500.

 The Act further prohibits advertisement of smoking and chewing in any place of
public work or use, prohibits storage, sale and distribution of cigarettes, beedies,
cigar, supari with tobacco, zarda, snuff, or any other smoking or chewing substance
containing tobacco within an area of 100 meters around any college, school or other
educational institutions.

 Violators will be punished with fine which may extend to Rs. 500 and in case of
second or subsequent offence, shall be punishable with imprisonment which extend to
three months, or with a minimum fine of Rs. 500, but which may extend to Rs. 1000
or with both.

OFFENCE UNDER THE INDIAN PENAL CODE AFFECTING PUBLIC

HEALTH, SEFETY AND CONVENIENCE :

1. Section 268 – Public Nuisance (causing annoyance) – Fine – Rs. 200 u/s 290.

2. Section 269 – Negligent act likely to spread infection of disease dangerous to life –
Imprisonment of either description upto 6 months or fine or both.

3. Section 270 – Malignant act likely to spread infection of disease dangerous to life –
Imprisonment of either description upto 2 years or fine or both.

4. Section 277 – Fouling water of public spring or reservoir – Imprisonment of either

description upto 3 months or fine upto Rs. 500 or both.

5. Section 278 – Making Atmosphere noxious to health – Fine upto Rs. 500.

6. Section 283 – Danger or obstruction in public way – Fine upto Rs. 200.

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7. Section 284 – Negligent conduct with respect to poisonous substances –

Imprisonment of either description upto 6 months or fine upto Rs. 1000 or both.

8. Section 285 – Negligent conduct with respect to fire or combustible matter –

Imprisonment of either description upto 6 months or fine upto Rs. 1000 or both.

9. Section 286 – Negligent conduct with respect to explosive substances –

Imprisonment of either description upto 6 months or fine upto Rs. 1000 or both.

10. Section 287 – Negligent conduct with respect to machinery – Imprisonment of

either description upto 6 months or fine upto Rs. 1000 or both.

PROVISIONS UNDER CRIMINAL PROCEDURE CODE :

 Part B of chapter X of the Code of Criminal Procedure deals with Public Nuisances.
Sections 133 to 143 & 144 deal with abatement of Public Nuisance. Section 133
confers a power on the Magistrate (District Magistrate or Sub-Divisional Magistrate
or any other Executive Magistrate specifically empowered in this behalf by the State
Government) to deal with public nuisances.

 The provisions of this section are attracted only in cases of emergency and imminent
danger to the health or the physical comfort of the community. This power, it was
held, could be used by the Magistrate to order a Municipality to remove a nuisance
caused by the existence of open drainage, pits, and public excretion by human beings
for want of lavatories. The erring Municipality could be punished under Section 188
of the Indian Penal Code.

 Any unlawful obstruction or nuisance should be removed from any public place or
from any way, river or channel which is or may be lawfully used by the public; or

 The conduct of any trade or occupation or the keeping of any goods or merchandise
is injurious to the health or physical comfort of the community; or

 The construction of any building or the disposal of any substance as is likely to

occasion conflagration or explosion; or

 Any building, tent or structure being in such condition that it is likely to fall and
thereby cause injury to persons living or carrying on business in the neighborhood of
passing by; or

 Any tank, well or excavation adjacent to any public way or public place remaining
unfenced which may cause danger to public; or

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 Any dangerous animal should be destroyed, confined or otherwise disposed.

CONSTITUTIONAL LAW REMEDIES :

 Remedies for enforcement of “fundamental right to live in a clean and healthy

environment” are provided under Articles 32 and 226 of the Constitution of India.
Hence, victims of pollution or any public-spirited individual or organization may
approach the Supreme Court for remedy under Article 32 of the Constitution of India
or the High Court of the concerned State under Article 226 of the Constitution of
India.

 Article 32 of the Constitution of India guarantees the right to move the Supreme
Court by appropriate proceedings for the enforcement of the fundamental rights. The
right to move the Supreme Court is itself a guaranteed right and the importance of
this has been highlighted by the Supreme Court in Prem Chand Garge vs. Excise
Commissioner (AIR 1963 SC 996 p. 999).

 The Supreme Court is bound to issue ‘appropriate’ direction, order or writ for
enforcement of the fundamental rights, there is no obligation on the Supreme Court to
give any particular kind of remedy to the petitioner. What should be the appropriate
remedy to be given to the petitioner for the enforcement of the fundamental right
sought to be vindicated by him is a matter for the Court to decide under Article 32
(2).

REMEDIES UNDER ARTICLE 226 :

 Article 226 of the Constitution of India confers power on High Courts to issue
directions, orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, or any of them, for the enforcement of rights
guaranteed under Part III of the Constitution (Fundamental Rights) and for any other
purpose.

 Article 226 had conferred discretionary powers of a most extensive nature on the
High Courts. The High Courts can in the exercise of its discretion pass orders in terms
of public interest and equity. The discretionary powers conferred on the High Courts
under Article 226 are for doing justice and correcting injustice.

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UNIT – IX
LAWS RELATING TO CONTROL OF POLLUTION

 THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

 NOISE POLLUTION - LEGAL CONTROL

 THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000

 LAND POLLUTION – LAW RELATING TO MANAGEMENT OF WASTES

 ENVIRONMENT (PROTECTION) ACT, 1986

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

 Water pollution as defined in ‘The Water (Prevention and Control of Pollution) Act,
1974’ 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 organisms”.

 There are numerous sources of water pollution. The most important of them are
industrial effluents, municipal sewage, waste from agricultural practices, etc. The
Industrial effluents contain both organic and inorganic hazardous chemicals.

 When discharged through the sewage system, the industrial effluents poison the
biological purification mechanisms of sewage treatment. In most of the cities and
towns municipal sewage are not treated before discharges into the waterways.

 The objects of ‘The Water (Prevention and Control of Pollution) Act, 1974’ are :

 To provide for the prevention and control of water pollution;

 To maintain or restore wholesomeness of water;

 To establish pollution control boards; and

 To confer on pollution control boards powers and functions relating to prevention and
control of water pollution.
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AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

 Air Pollution may be described as the imbalance in the quality of air, which causes ill
effects. Air Pollutions are those materials that exist in such concentrations so as to
cause unwanted effects. Different types of pollutants are continuously emitted into the
atmosphere but is removed by the self-purification process of air.

 When the rate of pollution exceeds and when the self-purifying capacity decreases,
accumulation of pollutants in the air causes serious health problems not only to
human beings but also to other living creatures. Air pollutions can be broadly
classified into two groups. One is gaseous pollutant and the other is particulate
pollutant.

 Gaseous pollutants include substances that are gaseous in nature at normal

temperature and pressure. Of all the gaseous pollutants, the primary gaseous
pollutants are carbon monoxide, sulphur dioxide, hydrogen sulphides, hydrogen
fluoride, hydrogen chloride, oxides of nitrogen, hydrocarbon etc.

 Particulate pollutants consist of both solid and liquid particles. They vary in size,
ranging from 0.01 micron to 20 microns. Some of the common particulate pollutants
present in the atmosphere dust, fume, mist, spray, smoke, etc.

Object of Air Act :

The object of Air (Prevention and Control of Pollution) Act, 1981 are :

 to provide for the prevention of air pollution,

 for control of air pollution,
 for abatement of air pollution,
 for the establishment of Pollution Control Boards,
 for conferring and assigning, powers and functions on such Boards: and
 to implement the decisions taken at the United Nations Conference on the Human
Environment held in Stockholm in June, 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of the earth which,
among other things, include the preservation of the quality of air and control of air
pollution.

NOISE POLLUTION - LEGAL CONTROL

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 The word noise is derived form the Latin word “nausea”. Noise is defined to mean
“sound which is undesirable by recipient”.

 Encyclopedia Britannica defines noise as “undesired sound”.

 Encyclopedia Americana defines noise as “unwanted sound”.
 Psychologist defines the term noise as “an unwanted sound which increases fatigue
and under some industrial conditions it with efficiency”.

STEPS TO BE TAKEN TO COMBAT NOICE POLLUTION :

 Some of the legal solution for the problem exist in the legal regime in the form of one
or two provisions in various legislations like the Indian Penal Code, 1860, the Police
Act, 1861, the Madras City Police Act, 1888, the Motor Vehicles Act, 1939, the
Factories Act 1948, the Code of Criminal Procedure 1973, the Air (Prevention and
Control of Pollution) Act, 1981, the Environment (Protection Act), 1986.

 Apart form these legislations the Ministry of Environment and Forest, Government of
India has notified the Noise Pollution (Regulation and Control) Rules, 2000.

THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000 :

 These rules were made by the Ministry of Environment and Forests and notified
through a notification dated 14th February 2000. This notification was made with the
object of maintaining Ambient Air Quality Standards in respect of noise.

 It was made especially to reduce the increasing ambient noise levels in public places
from various sources like industrial activity, construction activity, generator sets, loud
speakers, public address systems, music systems, vehicular horns and other
mechanical devices which causes a deleterious effects on human health and the
psychological wellbeing of the people.

 These rules have authorized the Central Government and the State Governments and
more specifically the District Magistrate, Police Commissioner or any other officer
not below the rank of the DSP designated for the maintenance of the ambient air
quality standards in respect of noise to implement these rules.

THE MADRAS CITY POLICE ACT, 1888 :

Section 71 (XX) of the Madras City Police Act, 1888 prohibits playing music, beating
tom-tom, etc. in public places. The section reads as follows :

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 “who ever beat a drum or tom-tom, or blow a horn or trumpet, or beats or sound any
brass or other instrument or utensil, except at such times and places and subject to
such conditions as shall from time to time be allowed by the Commissioner”, “…
shall be liable on conviction to fine not exceeding two hundred and fifty rupees or to
imprisonment which may extend to three months.”

LAND POLLUTION – LAW RELATING TO MANAGEMENT OF WASTES

SOURCES OF LAND POLLUTION :

Land pollution usually results from :

 the dumping and improper disposal of industrial and municipal solid wastes and;
 by the semi-solid wastes resulting from agricultural practices.
 Dumping of industrial and municipal solid waste causes toxic materials to be leached
and to seep into the soil which not only very seriously affects the productivity of the
land but also the purity of life saving ground water resource.
 Disposal of industrial solid wastes is a major source of land pollution by toxic
chemicals.
 Industrial wastes are mainly discharged from certain types of industries like mining
industries (coal & mineral mining), metal processing, chemical and engineering
industries.

 These wastes contain toxic materials, which can cause a host of public health
problems, directly or indirectly.

ENVIRONMENT (PROTECTION) ACT, 1986

Object of the Act –

 The Environment Protection Act was enacted by the Parliament in the year 1986. This
act was enacted with the object of providing for the protection and improvement of
environment and for matters connected therewith.

 The preamble to the Act points out that the environment protection act was made :

1. To implement decisions taken at the United Nations Conference on the human

environment held at Stockholm in June 1972,

2. To take appropriate steps for the protection and improvement of human

environment; and

3. To prevent hazards to human beings, other living creatures, plants and property.

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 Section 2 (c) defines ‘environment pollution’ as the “presence in the environment of

any environmental pollutant.”

 Section 2 (b) defines ‘environmental pollutant’ as “any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be, injurious to
environment.”

IMPORTANT RULES AND NOTIFICATIONS MADE UNDER THE

ENVIRONMENT (PROTECTION) ACT
 The Central Government, to perform its functions effectively as contemplated in the
Environment Protection Act, has made various Rules, notifications and Orders
including the following:

1. Hazardous waste (Management and Handling) Rules, 1989 as amended in 2000;

2. Rules for the Manufacture, use, import, export and storage of hazardous micro
organisms, genetically engineered organisms or cells, 1993;

3. Manufacture, storage and import of Hazardous Chemical Rules, 1989;

4. Recognized laboratories under Rules for the manufacture, use, import, export and
storage of hazardous micro organisms, genetically engineered organisms or cells,
1993;

5. Bio-medical wastes (Management and Handling) Rules, 1998;

6. Recycled plastics (Manufacture and Usage) Rules, 1999;

7. Environment (Siting for industrial projects) Rules, 1999;

8. The Noise Pollution (Regulation and Control) Rules, 2000;

9. Ozone Depleting substances (Regulation and Control) Rules, 2000;

10. The Municipal Solid Wastes (Management and Handling) Rules 2000;

11. Batteries (Management and Handling) Rules 2001;

12. Notification relating to the delegation of powers to the Central Pollution Control
Board;

13. Eco-labeling notifications;

14. Environmental Impact Assessment Notifications;

15. Public Hearing Notifications;

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16. The Coastal Regulation Zone Notification;

17. National Coastal Zone Management Authority Notification;

18. Notification relating to Prohibition and Restriction of the Handling of hazardous

substances in different cases;

19. Notification relating to Prohibition against open burning of waste oil;

20. Officers/Agencies authorized to enter the premises for inspection Notification;

21. Officers/Agencies authorized to take samples Notification;

22. Officers authorized for taking cognizance of offence Notification;

23. Notification relating to environmental laboratories and analysts;

24. 2 T Oil (Regulation of Supply and Distribution) Order, 1998;

25. Notification relating to Prevention of dumpling and disposal of fly ash;

26. Taj Trapezium Zone Pollution (Prevention and Control) Authority Notification;

27. Aqua-culture Authority Notification.

UNIT – X
NATIONAL GREEN TRIBUNAL

GREEN BENCH :

 The Supreme Court in Vellore Citizens Welfare Forum Case, Bittu Seghal Case and
in M.C. Mehta Case (Calcutta Tanneries Case) has observed that the High Courts
would be in a better position to deal with environmental issues pertaining to the
region over which it exercises jurisdiction and directed the Registry of the Supreme
Court to send the records to the High Courts of Madras, Bombay and Calcutta
respectively and requested the Chief Justice of respective High Courts to constitute a
“Green Bench” for the purpose of adjudicating public interest environmental cases.

OBJECTIVE
 The objective of establishing a National Green Tribunal are as follows:
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 To provide effective and expeditious disposal of cases relating to environmental

protection and conservation of forests and other natural resources including
enforcement of any legal right relating to the environment.

 Giving relief and compensation for damages to persons and property.

 And other related matters.

SALIENT FEATURES
The salient features of National Green Tribunal are as follows:
 The NGT is not bound by the procedure laid down under the Code of Civil Procedure,
1908, but shall be guided by principles of natural justice.

 NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence
Act, 1872.

 While passing Orders, decisions, awards, the NGT will apply the principles of
sustainable development, the precautionary principle and the polluter pays principles.
However, it must be noted that if the NGT holds that a claim is false, it can impose
costs including lost benefits due to any interim injunction.

JURISDICTION
 As per Section 14 (1) The National Green Tribunal has jurisdiction over all civil cases
where a substantial question relating to environment (including enforcement of any
legal right relating to environment), is involved and such question arises out of the
implementation of the enactments specified in Schedule I of the National Green
Tribunal Act 2010. The acts listed in Schedule 1 are:

 The Water (Prevention and Control of Pollution) Act, 1974;

 The Water (Prevention and Control of (Pollution) Act, 1977;

 The Forest (Conservation) Act, 1980

 The Air (Prevention and Control of Pollution) Act, 1981;

 The Environment (Protection) Act, 1986;

 The Public Liability Insurance Act, 1991;

 The Biological Diversity Act, 2002.

 The Tribunal shall hear the disputes arising from the questions referred to in sub-
section (I) and settle such disputes and pass orders thereon.

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 Appellate jurisdiction under section 16 of the Act. As per Section 15 (1) of the Act,
the Tribunal may, by an order, provide,-

(a) relief and compensation to the victims of pollution and other environmental
damage arising under the enactments specified in the Schedule 1 (including accident
occurring while handling any hazardous substance);

(b) for restitution of property damaged;

(c) for restitution of the environment for such area or areas, as the Tribunal may think
fit.

REVIEW AND APPEAL

 Orders can be appealed to the Supreme Court within 90 days.

UNIT – XI
THE WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1974

 Water pollution as defined in ‘The Water (Prevention and Control of Pollution) Act,
1974’ 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 organisms”.

 There are numerous sources of water pollution. The most important of them are
industrial effluents, municipal sewage, waste from agricultural practices, etc. The
Industrial effluents contain both organic and inorganic hazardous chemicals. When
discharged through the sewage system, the industrial effluents poison the biological
purification mechanisms of sewage treatment. In most of the cities and towns
municipal sewage are not treated before discharges into the waterways.

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 The common organic materials found in Municipal sewage are soaps, synthetic
detergents, fatty acids, proteinous matters such as amines, amino acids, amides and
amino sugars.

 In addition it also contains numerous micro organisms, some of witch may be

pathogenic in character.

 Modern agricultural practices also contribute its might to the water Pollution.

 Plant nutrients (fertilizers), insecticides and pesticides are introduced into

watercourses by agricultural practices. To solve the problems caused by water
pollution legally, the Parliament enacted a Statute in the year 1974 called “The Water
(Prevention and Control of Pollution) Act.

The objects of ‘The Water (Prevention and Control of Pollution) Act, 1974’ are:

 To provide for the prevention and control of water pollution;

 To maintain or restore wholesomeness of water;

 To establish pollution control boards; and

 To confer on pollution control boards powers and functions relating to prevention

and control of water pollution.

Definitions

 Section 2 of “The Water Prevention and Control of Pollution) Act, 1974” provides
definitions for words like Board, Central Board, Member, Occupier, Outlet, Pollution,
Prescribed, Sewage effluent, Sewer, State Board, State Government, Stream, Trade
Effluent.

 According to Section 2(e) of the Water Act, 1974, the word “Pollution” is defined as
such

1. contamination of water; or

2. alteration of the physical, chemical or biological properties of water; or

3. discharge of any sewage or trade effluents 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

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4. 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 organisms.

 ‘Sewage Effluent’ means effluent from any sewerage system or sewage disposal
works and includes sullage from open drains.

 ‘Trade Effluent’ includes any liquid, gaseous or solid substance, which is discharged
from any premises used for carrying on any industry operation or process, or
treatment and disposal system, other than domestic sewage.

 The word ‘Stream’ is defined in Section 2(j) to include_

 River

 Water course (whether flowing or for the time being dry)

 Inland water (whether natural or artificial)

 Sub-terranean waters

 Sea or tidal waters to such extent, or as the case may be notification in the official
gazette, specify in this behalf.

Constitution of Central Pollution Control Board :

 A full time Chairman

 Not more than 5 Officials as representatives of Central Government.

 Not more than 5 persons from amongst the Members of the State Boards, of whom
not exceeding 2 shall be from Members representing the Local Authorities.

 Not more than 3 Members to represent the interest of agriculture, fishery or industry
or trade or any other interest which in the opinion of the Government, ought to be
represented.

 2 persons to represent the companies or corporation owned, controlled or managed

by the Central Government.

 A full time Member Secretary possessing qualifications, knowledge and experience

of scientific, engineering or management aspects of pollution control.

 The Central Government nominates all the above members.

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Constitution of State Pollution Control Board :

 The State Pollution Control Board comprises of the following Members, namely.

 A Chairman

 Not more than 5 officials as representatives of State Government.

 Not more than 3 members to represent the interest of agriculture, fishery or industry
or trade or any other interest which in the opinion of the Government, ought to be
represented.

 2 persons to represent the companies or corporations owned, controlled or managed

by the State Government.

 A full time Member Secretary possessing qualifications, knowledge and experience

of scientific, engineering or management aspects of pollution control.

 The State Government nominates all the above members. The Members of the Board
other than Member Secretary shall hold office for a period of 3 years from the date of
his nomination. A Member of the Board is also eligible for renomination.

Function of the Central Pollution Control Board (CPCB) :

 Section 16 of the Water Act has enumerated the functions of the Central Pollution
Control Board. The main function of the CPCB shall be to promote cleanliness of
streams and wells in different areas of the States.

 Apart from this, the CPCB may perform all or any of the following functions :

 1. Advise the Central Government on matters relating to the prevention and control
of water pollution.

 2. Co-ordinate the activities of the State Pollution Control Boards (SPCB) and
resolve dispute among them.

 3. Provide technical assistance and guidance to the SPCBs, carryout and sponsor
investigations and research relating to problems of water pollution and prevention,
control or abatement of water pollution.

 4. Plan and organize the training of persons engaged in programs for the prevention,
control or abatement of water pollution.
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 5. Organize comprehensive programs regarding prevention and control of water

pollution through mass media.

 6. Collect, compile and publish technical and statistical data relating to water
pollution and prepare manuals, codes or guides relating to treatment and disposal of
sewage and trade effluents and disseminate information connected therewith.

 7. Lay down, modify or annul the standards for a stream or well.

 8. Plan and execute a nation wide program for prevention, control and abatement of
water pollution.

 9. Establish or recognize laboratory or laboratories to enable the CPCB to perform

the above function and,

 10. Perform such other functions as may be prescribed.

Functions of the State Pollution Control Board (SPCB):

Section 17 of the Water Act has laid down a list of function to be performed by the
SPCB. The functions are :

1. To plan a comprehensive program for prevention, control or abatement of pollution

of streams and wells in the State.

2. To advise the State Government on matters relating to prevention, control or

abatement of water pollution.

3. To collect and disseminate information relating to prevention, control or abatement

of water pollution.

4. To encourage, conduct and participate in investigations and research relating to

prevention, control or abatement of water pollution.

5. To collaborate with the CPCB in organizing the training of persons engaged in

programs relating to prevention, control or abatement of water pollution.

6. To inspect sewage or trade effluents, works and plants for the treatment of sewage
and trade effluents and to review the plans, specifications or other data relating to
plants set up for the treatment of water in connection with the grant of any consent as
required by the Water Act.

7. To lay down, modify or annul effluent standard for the sewage and trade effluents,
and for the quality of receiving waters and to classify the waters of the State.
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8. To evolve economical and reliable methods of treatment of sewage and trade

effluents.

9. To evolve methods of utilization of sewage and suitable trade effluents in

agriculture.

10. To evolve efficient methods of disposal of sewage and trade effluents on land.

11. To lay down standards of treatment of sewage and trade effluents to be discharged
into in any particular stream.

12. To make, vary or revoke any order for the prevention, control or abatement of
discharges of wastes into streams for the disposal of sewage and trade effluents or to
modify, alter or extend any such existing system or to adopt such remedial measures
as are necessary for prevention, control or abatement of water pollution.

13. To lay down effluent standards to be complied with the persons while discharging
sewage or sullage.

14. To establish or recognize laboratory or laboratories to enable the Board to

perform the above functions efficiently.

15. To advise the State Government with respect to the location of any industry the
carrying on of which is likely to pollute a stream or well.

16. To perform such other functions as may be prescribed or as may, from time to
time be entrusted to it by the Central Board or the State Government.

Powers of the Central Pollution Control Board:

The CPCB is vested with the following powers:

1. The Central Pollution Control Board is empowered by Section 18 of the Water Act
to give directions to the State Pollution Control Boards.

2. The CPCB has powers to perform any of the functions of the SPCB in case of non-
compliance of any directions given by the CPCB.

3. The CPCB is empowered to issue directions under Section 33A to direct:

 The closure, prohibition or regulation of any industry, operation or process; or

 The stoppage or regulation of supply of electricity, water or any other service.

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Powers of the State Pollution Control Board:

 The State Pollution Control Board (SPCB) has the following powers conferred on it
by the Water Act:

1. Power to obtain information. (Sec. 20)

2. Power to take samples of effluents for analysis. (Sec.21)

3. Power of entry and inspection. (Sec. 23)

4. Power to impose restriction on new outlets and new discharges. (Sec. 25)

5. Power to refuse or withdraw consent for establishment of any industry, etc. (Sec.
27)

6. Power to carry out certain works. (Sec. 30)

7. Power to carry out emergency operations in case of pollution of stream or well.

(Sec. 32)

8. Power to make application to courts for restraining apprehended pollution of water

in streams or wells. (Sec. 33)

9. Power to give directions. (Sec. 33A)

Penalties :

The Water Act has prescribed the following punishments for the acts prohibited under
the Act :

1. Failure to comply with directions given under Section 20 (directions requiring

persons to give information as to the abstraction or discharge of water) -

 Imprisonment which may extend upto 3 months or with fine upto Rs. 10,000 or with
both.

 If the failure continues – Additional fine which may extend to Rs. 5000 for every day
during which such failure continues.

2. Failure to comply with any order issued under Section 32 (power of the SPCB to
issue orders for immediately restraining or prohibiting the persons concerned from
discharging any poisonous, noxious or polluting matter) -

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 Imprisonment which shall not be less than 1 year and 6 months but which may
extend upto 6 years and with fine.

 Failure to comply with direction issued by a Court under Section 33 – Same as

above.

 Failure to comply with direction issued by Court under Section 33 – Same as above.

 Failure to comply with directions issued by the Board under 33A (directions relating
to closure of industry, stoppage of electricity etc.) – Same above.

 If the failure continues – Additional fine which may extend to Rs. 5000 for everyday.

 If the failure continues beyond a period of 1 year after the date of conviction –
Imprisonment for a term which shall not be less than 2 years but which may extend
upto 7 years and with fine.

UNIT – XII
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT,
1981
 Air Pollution may be described as the imbalance in the quality of air, which causes ill
effects. Air Pollutions are those materials that exist in such concentrations so as to
cause unwanted effects. Different types of pollutants are continuously emitted into the
atmosphere but is removed by the self-purification process of air.

 When the rate of pollution exceeds and when the self-purifying capacity decreases,
accumulation of pollutants in the air causes serious health problems not only to
human beings but also to other living creatures. Air pollutions can be broadly
classified into two groups. One is gaseous pollutant and the other is particulate
pollutant.

 Gaseous pollutants include substances that are gaseous in nature at normal

temperature and pressure. Of all the gaseous pollutants, the primary gaseous
pollutants are carbon monoxide, sulphur dioxide, hydrogen sulphides, hydrogen
fluoride, hydrogen chloride, oxides of nitrogen, hydrocarbon etc.

 Particulate pollutants consist of both solid and liquid particles. They vary in size,
ranging from 0.01 micron to 20 microns. Some of the common particulate pollutants
present in the atmosphere dust, fume, mist, spray, smoke, etc.
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Sources of Air Pollution :

 The man made sources of air pollution are many of which, the primary sources are
stationary combustion, transportation, industrial process and solid waste disposal
process.

 Stationary combustion process results in emission of particulate pollutions, such as

fly ash and smoke, and also gaseous pollutants like oxides of sulphur and nitrogen.

 Automobile exhausts release smoke and to a certain extent, lead particles.

 Smoke is primarily produced due to the incomplete combustion of carbonaceous

materials. Smoke contains gaseous pollutants like carbon monoxide, hydrocarbons
and oxides of nitrogen.

 Due to increasing industrialization and industrial process almost all types of air
pollutants are released into the atmosphere.

 Cement industries, steel industries and thermal power plants are the major polluting
industries where it is generally reported that it is very difficult to control the emission
of pollutants.

 Solid waste disposal is yet another major contributor to the atmospheric pollution
especially in urban areas.

 Backyard burning and open burning of solid waste comprising of plastic materials
results in emission of smoke and gaseous pollutants which are highly carcinogenic.

Effects of Air Pollution :

 Air Pollution causes many adverse effects on human health, on animals, on plants, on
materials and on atmosphere itself. Air pollution affects the respiratory system of
human beings through both gaseous and particulate pollutants causing severe damage
to it.

 Lung cancer, bronchitis, emphysema (enlargement of air vesicle of the lungs) and
asthma are some of the chronic disease due lead emitted form automobile exhaust is a
cumulative poison, which is dangerous, particularly to children since it can cause
brain damage.

 Similarly air pollution also causes many diseases which adversely affects the animals
especially, the domestic animals.

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 Air pollution also causes a lot of damage to the Vegetation. Air pollution also affects
property and materials. The increased combustion of fossil fuels and oil has increased
the carbon dioxide concentration in the atmosphere in recent years.

 Carbon dioxide absorbs heat strongly and the radioactive cooling effect of the earth
gets decreased. This results in the raise in the earth’s surface temperature.

 To combat the problems created as a result of air pollution legally, the Parliament of
India enacted a Statute in the year 1981 called ‘the Air (Prevention and Control of
Pollution) Act, 1981.

Object of Air Act :

The object of Air (Prevention and Control of Pollution) Act, 1981 are :

1. to provide for the prevention of air pollution,

2. for control of air pollution,

3. for abatement of air pollution,

4. for the establishment of Pollution Control Boards,

5. for conferring and assigning, powers and functions on such Boards: and

6. to implement the decisions taken at the United Nations Conference on the Human
Environment held in Stockholm in June, 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of the earth which,
among other things, include the preservation of the quality of air and control of air
pollution.

Meaning of Air Pollution :

 Section 2(b) of the Air Act defines Air Pollution as “the presence in the atmosphere
of any air pollutant”.

 To understand Air pollution better, one should know, what is ‘air pollutant’? Sec.
2(a) of the Air Act defines air pollutant as “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”.

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Authorities under the Air Act :

 The Central Pollution Control Board constituted under section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 shall exercise the powers and
perform the functions of the Central Pollution Control Board for the prevention and
control of air pollution under the Air Act.

 In any State in which the Water (Prevention and Control of Pollution) Act, 1974, is
not in force, the state Government shall, constitute a State Pollution Control Board for
the Prevention and control of Air Pollution.

POWERS AND FUNCTIONS OF CENTRAL AND STATE POLLUTION

CONTROL BOARDS :

Functions of the Central Pollution Control Board : Section 16 of the Air Act has
enumerated a list of functions to be discharged by the Central Pollution Control
Board. The main functions of the Central Pollution Control Board shall be :

1. To improve the quality of air and

2. To prevent, control or abate air pollution in the country.

 Apart from improving the quality of air and preventing, controlling and abating air
pollution in the country, the Central Board may discharge the following functions:

1. Advise the Central Government on any matter concerning the improvement of the
quality of air and the prevention, control or abatement of air pollution;

2. Plan and cause to be executed a nation-wide program for the prevention, control or
abatement of air pollution;

3. Co-ordinate the activities of the State Boards and resolve disputes among them;

4. Provide technical assistance and guidance to the State Boards;

5. Carry out and sponsor investigations and research relating to problems of air
pollution and prevention, control or abatement of air pollution;

6. Plan and organize the training of persons engaged or to be engaged in programs for
the prevention, control or abatement of air pollution;

7. Organize through mass media a comprehensive program regarding the prevention,

control or abatement of air pollution;

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8. Collect, compile and publish technical and statistical data relating to air pollution
and the measures devised for its effective prevention, control or abatement;

9. Prepare manuals, codes or guides relating to prevention, control or abatement of air

pollution;

10. Lay down standards for the quality of air;

11. Collect and disseminate information in respect of matters relating to air pollution;

12. Perform such other functions as may be prescribed;

13. Establish or recognize laboratories to enable the Central Board to perform its
functions under this section efficiently;

14. Delegate any of its functions under this Act generally or specially to any of the
committees appointed by it;

15. Do such other things and perform such other acts, as it may think necessary for
the proper discharge of its functions and generally for the purpose of carrying into
effect the purposes of this Act.

Functions of the State Pollution Control Board :

 Section 17 of the Air Act enumerates the functions of the State Pollution Control
Board. According to Section 17, the functions of the State Pollution control Board
shall be :

1. To plan a comprehensive programme for the prevention, control or abatement of

air pollution and to secure the execution thereof;

2. To advise the State Government on any matter concerning the prevention, control
or abatement of air pollution;

3. To collect and disseminate information relating to air pollution;

4. To collaborate with the Central Board in organizing the training of persons

engaged or to be engaged in programs relating to prevention, control or abatement of
air pollution;

5. To organize mass-education program relating to prevention, control or abatement

of air pollution;

6. To inspect, at all reasonable times, any control equipment, industrial plant or

manufacturing process;

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7. To give, by order, such directions to such persons as it may consider necessary to

take steps for the prevention, control or abatement of air pollution;

8. To inspect air pollution control areas at such intervals as it may think necessary,
assess the quality of air therein and take steps for the prevention, control or abatement
of air pollution in such areas;

9. To lay down, standards for emission of air pollutants into the atmosphere from
industrial plants and automobiles or for the discharge of any air pollutant into the
atmosphere from any other source whatsoever not being a ship or an aircraft:

o Provided that different standards for emission may be laid down under this
clause for different industrial plants having regard to the quantity and
composition of air pollutants into the atmosphere from such industrial plants;
10. To advise the State Government with respect to the suitability of any premises or
location for carrying on any industry which is likely to cause air pollution;

11. May establish or recognize a laboratory or laboratories to enable the State Board
to perform its functions under this section efficiently;

12. To perform such other functions as may be prescribed or as may, from time to
time, be entrusted to it by the Central Board or the State Government;

13. To do such other things and to perform such other acts as it may think necessary
for the proper discharge of its functions and generally for the purpose of carrying into
effect the purpose of this Act.

Powers of the Central Pollution Control Board :

 Under Sec. 31 A, the Central Pollution Control Board may, in the exercise of its
powers and performance of its functions under this Act, issue any direction in writing
to any person, officer or authority, and such person, officer or authority shall be
bound to comply with such directions. The power to issue any direction includes the
power to direct_

 the closure, prohibition or regulation of any industry, operation or

process; or
 the stoppage or regulation of supply of electricity, water or any other
service.

Powers of the State Pollution Control Board :

The State Pollution Control Board is conferred with certain very important
powers like;
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1. Power to Grand / Refuse / Cancel / Consent – Sec. 21.

2. Power to make Application to Court for restraining persons from causing Air
Pollution – Sec. 22A.

3. Power to take remedial measures to mitigate the emission of Air Pollutants – Sec.
23.

4. Power to entry and inspection – Sec. 24.

5. Power to take samples of Air or Emission – Sec. 26.

6. Power to give directions – Sec. 31A.

Penalties :

Under the Air Act, Sectons 37, 38 and 39 prescribes penalties. Section 37
prescribes punishment for failure to comply with the provisions of Section 21
or 22 with directions issued under Section 31A. Hence,
1. if a person establishes or operates any industrial plant in an air pollution control
area without the previous consent of the State Board (Sec.21); or

2. if any person operating any industrial plant in any air pollution control area
discharges or cause or permit to be discharged the emission of any air pollutant in
excess of the standards laid down by the SPCB (Sec.22); or

3. if any person fails to comply with the directions given by the Pollution Control
Boards under section 31A (directions to close, prohibit or regulate any industry,
operation or process; or to stop or regulate supply of electricity, water or any other
services); he shall be punishable with imprisonment for a term not less than 1 year
and six months, which may extend up to six years with fine.

 In case the failure continues, he shall be punishable with an additional fine, which
may extend to 5000 rupees for every day during which the failure continues.

 Sec. 37 further provides that if the failure continues beyond a period of one year after
the date of conviction, the offender shall be punishable with imprisonment for a term
which shall not be less than 2 years but which may extend to 7 years and with fine.

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UNIT – XIII
NOISE POLLUTION - LEGAL CONTROL
Introduction :

 The word noise is derived form the Latin word “nausea”. Noise is defined to mean
“sound which is undesirable by recipient”.

 Encyclopedia Britannica defines noise as “undesired sound”.

 Encyclopedia Americana defines noise as “unwanted sound”.

 Psychologist defines the term noise as “an unwanted sound which increases fatigue
and under some industrial conditions it with efficiency”.

 Blum defines noise as “a distracter and therefore interfering with efficiency”.

 According to J. Tiffin, “noise is a sound which is disagreeable for an individual and

which disturbs the normal way of an individual”.

 Noise is one of the undesirable outcomes of technological development. Noise is

described as “as invisible but insidious from of pollution”.

 Noise as a harmful pollutant is being recognized as a great nuisance affecting the

quality of life especially in urban areas.

 There prevails a view that “traditionally we are a pollution loving nation”.

 “We pollute air by bursting crackers on Dussehra, Diwali and on the occasions of
marriages and other festivals,…. We are equally fond of noise pollution. God men’s
voice must be heard by all everyone, day and night, and our Ratijagas, Akhandpaths
and Azan must use loudspeakers and amplifiers; no one should be deprived from
hearing God’s and Godman’s voice – and Gods too are far away beyond the hell and
heaven.

 Our voice must reach them, otherwise our spiritual needs will remain unministered.
We are not less noisy in our secular matters. Our marriage and burial processions
must be accompanied by bands, twists and Bhangras”.

SOURCES OF NOISE POLLUTION :

 There are numerous sources of noise pollution and the source may be classified as
industrial and non-industrial.

 Industry is the primary source of noise pollution.

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 Non-Industrial source like transportation, use of amplifiers and loud speakers, etc.
also significantly contribute to the noise pollution.

EFFECTS OF NOISE POLLUTION :

 The effects of noise pollution are multifaceted and interrelated. Noise Pollution not
one has its impact on human beings but also on other living and non-living things.

 Noise Pollution contributes significantly to the physiological and psychological

discomfort in human beings.

 The most immediate and acute health effect of noise pollution is the impairment of
hearing, which is caused by damage to some part of the auditory system.

 Acute damage occurs to the eardrum when exposed to very loud, sudden noises.

 Prolonged exposure to noise of a certain frequency pattern leads to temporary or

permanent hearing loss.

 Noise also has ill some scientific information, the rate of heart beat either increases
or decreases depending upon the type of noise pollution.

 There is also a opinion that noise causes heart output to decrease with greater
fluctuations in arterial blood pressure and vasoconstriction of peripheral blood
vessels.

 Changes in breathing amplitude have also been reported due to impulsive noise.

 Eosinophilia, hyperglycemia, hypoglycemia and hypokalaemia are also caused by

change in blood and other body fluids due to noise.

 The ‘startle reaction’, which is a direct response to noise has its effects on the nervous
system and may affect the psychomotor performance.

 The optical system also gets affected due to noise pollution.

 Pupillary dilation, impairment of night vision and decrease in the rate of colour
perception are also some of the effects caused by noise pollution on the optical
system.

 Noise also cause irritation and it affects sleep and work efficiency. Since noise affects
the autonomic nervous system, it is an annoyance to people who do work requiring
utmost concentration.

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STEPS TO BE TAKEN TO COMBAT NOICE POLLUTION:

 Noise is that form of pollution, which causes great concern to the public. Hence,
necessary steps be taken to combat noise pollution. The solution for problems created
by noise pollution shall be both legal and non-legal.

 Some of the non-legal solutions like clean technologies to reduce noise at source,
sound proofing to reduce noise emitted by industrial machinery and advocating use of
noise protection devices like earmuffs, etc., shall be preferred to combat the problem
of noise pollution.

 Some of the legal solution for the problem exist in the legal regime in the form of
one or two provisions in various legislations like the Indian Penal Code, 1860, the
Police Act, 1861, the Madras City Police Act, 1888, the Motor Vehicles Act, 1939,
the Factories Act 1948, the Code of Criminal Procedure 1973, the Air (Prevention
and Control of Pollution) Act, 1981, the Environment (Protection Act), 1986.

 Apart from these legislations the Ministry of Environment and Forest, Government
of India has notified the Noise Pollution (Regulation and Control) Rules, 2000.

 The Central Pollution Control Board has also prescribed a code of practice for
controlling noise from sources other than industries and automobiles.

THE MADRAS CITY POLICE ACT, 1888:

 Section 71 (XX) of the Madras City Police Act, 1888 prohibits playing music,
beating tom-tom, etc. in public places. The section reads as follows :

 “Whoever beat a drum or tom-tom, or blow a horn or trumpet, or beats or sound any
brass or other instrument or utensil, except at such times and places and subject to
such conditions as shall from time to time be allowed by the Commissioner”, “…
shall be liable on conviction to fine not exceeding two hundred and fifty rupees or to
imprisonment which may extend to three months.”

THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000 :

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 These rules were made by the Ministry of Environment and Forests and notified
through a notification dated 14th February 2000. This notification was made with the
object of maintaining Ambient Air Quality Standards in respect of noise.

 It was made especially to reduce the increasing ambient noise levels in public places
from various sources like industrial activity, construction activity, generator sets, loud
speakers, public address systems, music systems, vehicular horns and other
mechanical devices which causes a deleterious effects on human health and the
psychological wellbeing of the people.

 These rules have authorized the Central Government and the State Governments and
more specifically the District Magistrate, Police Commissioner or any other officer
not below the rank of the DSP designated for the maintenance of the ambient air
quality standards in respect of noise to implement these rules.

1. Industrial area – Day time 75 – Night time 70 dB

2. Commercial area – Day time 65 – Night time 55 dB

3. Residential area – Day time 55 – Night time 45 dB

4. Silence zone – Day time 50 Night time 40 dB

 These rules have imposed a responsibility on the State Government to categories the
areas into industrial, residential or silence areas / zones for the purpose of
implementation of noise standards for different areas.

 It also imposes responsibility on the Sate Government to take all measures for
abatement of noise and to ensure that the existing noise levels do not exceed the
standards specified above.

 It also imposes responsibility on all development authorities, local bodies and other
concerned authorities to take into consideration all aspects of noise pollution as a
parameter of quality of life while planning developmental activity or carrying out
functions relating to town and country planning.

 An area comprising not less than 100 meters around hospitals, educational institutions
courts religious places or any other area may be declared as silence zone for the
purpose of these rules, by competent authority.

 These rules specifically prohibit the use of loud speaker or a public address system
without obtaining written permission from the authorities.

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 It also prohibits the use of a loud speaker or the public address system at night
(between 10 p.m. to 6 a.m.) except in closed premises for communication within, e.g.
auditoria, conference rooms, community-halls and banquet halls.

 These State Government may subject to such terms and conditions as are necessary
to reduce pollution, permit use of loud speakers or public address systems during
night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or
religious festive occasion of a limited duration not exceeding fifteen days in all
during a calendar year

 With respect to silence zones, the following acts are prohibited :-

1. Playing any music or using any sound amplifier;

2. Beating a drum or tom-tom or blowing a horn either musical or pressure, or

trumpet or beating or sounding any instrument;

3. Exhibiting any mimetic, musical or other performances to attract crowds.

 Any person may make complaint to the authority if the noise level exceeds the
standards by 10 dB (A) and the authority shall act on the complaint and take action
against the violator in accordance with the provisions of these rules and any other law
in force.

 If the authorities satisfy from the report of an Officer in-charge of a Police Station or
other information received by him, he may by written order issue such directions as
he may consider necessary to any person for preventing, prohibiting, controlling or
regulating :-

1. The incidents on continuance in/or upon any premises of _

 any vocal or instrumental music,

 sounds caused by playing, beating, clashing, blowing, or use in any manner
whatsoever of any instrument including loud speaker, public address system,
appliance or apparatus or contrivance which is capable of producing or reproducing
sound, or

2. The carrying on in/or upon any trade, avocation or operation or processes resulting
in are attended with noise.

 In Church of God (Full Gospel) In India vs. K.K.R Majestic Colony Association
the Appellant is the Church of God located at K.K.R Nagar, Madavaram, Chennai. It
has a prayer hall for the Pentecostal Christians and is provided with musical
instruments such as drum set, triple gango, guitar, etc., The respondent (K.K.R
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Majestic Colony Welfare Association) filed a criminal O.P. before the High Court of
Madras for a direction to the authorities (Superintendent of Police and Inspector of
Police) to take action on the basis of the latter issued by the Joint Chief
Environmental Engineer of the Tamil Nadu Pollution Control Board. In the High
Court it was contended by the church that the petition was filed with an oblique
motive in order to prevent a religious minority institution from pursuing its religious
activities and the court cannot issue any direction to prevent the church from
practicing its religious beliefs. The High Court directed the church to take necessary
steps to bring down the noise level by keeping the speakers at a lower level.

 Aggrieved by the said order this appeal was filed by the church. The questions
involved in this appeal are in a country having multiple religions and numerous
communities or sects, whether a particular community or sect of that community can
claim right to add to noise pollution on the ground of religion? Whether beating of
drums or reciting of prayers by use of microphones and loudspeakers so as to disturb
the peace or tranquility of neighborhood should be permitted? The Court held that
“undisputedly no religion prescribed that prayers should be performed by disturbing
the peace of others. Nor does it preach that they should be through voice amplifiers or
beating of drums. In our view, in a civilized society in the name of religion activities
which disturb old or infirm persons, students or children having their sleep in the
early hours or during day time or other persons carrying on other activities cannot be
permitted…” The Supreme Court while dismissing the appeal observed that “in the
present case, the contention with regard to the rights under Article 25 or 26 of the
Constitution which are subjects to ‘public order, morality and health’ are not required
to be dealt with in detail mainly because… no religion prescribes or preaches that
prayers are required to be performed through voice amplifiers or by beating of drums.

 In any case if there is such practice, it should not adversely affect the right of others
including of that of being not disturbed in their activities.”

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UNIT – XIV
LAND POLLUTION – LAW RELATING TO MANAGEMENT OF
WASTES
 Land is the most of all natural resources of any region, which not only provides the
bsis for economic activity but also is the main factor for the very existence and
development of the community.

 Required for agriculture, aforestation, housing, industry, commerce, and for many
other purposes, this resource following burgeoning population, rapid industrialization,
urbanization and other human activities has come under a tremendous pressure.

 The process of modernization and imprudent land use is causing degradation and
pollution of this resource.

 The term ‘Land Pollution’ cannot be defined comprehensively due to the factor that
there are various types and levels of pollution. Viewed from different perspectives
land pollution may be regarded as the de-spoilation of the urban and rural scene,
disruption of natural landscape surface by any human activity; dereliction of land, or
chemical contamination of land. With the changing standards about the very
conception of pollution, an objective definition of land pollution is “any physical or
chemical alteration to land which causes its use to change and render it incapable of
beneficial use without treatment”.

 Alternatively, land pollution can be stated as ‘misuse of land’ disuse of land, and
chemical contamination of land’. Interestingly the expression ‘land pollution’ has not
been defined in any statute specifically.

 However land is recognized as an important component of ‘environment’ as defined

in section 2(a) of the Environmental Protection Act, 1986.

SOURCES OF LAND POLLUTION:

Land pollution usually results from :

(1) the dumping and improper disposal of industrial and municipal solid wastes and;

(2) by the semi-solid wastes resulting from agricultural practices.

 Dumping of industrial and municipal solid waste causes toxic materials to be leached
and to seep into the soil which not only very seriously affects the productivity of the
land but also the purity of life saving ground water resource. Disposal of industrial
solid wastes is a major source of land pollution by toxic chemicals.

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 Industrial wastes are mainly discharged from certain types of industries like mining
industries (coal & mineral mining), metal processing, chemical and engineering
industries.

 These wastes contain toxic materials, which can cause a host of public health
problems, directly or indirectly.

 The Municipal solid wastes comprise of both commercial and domestic wastes
including dried sludge of sewage. In general, the municipal solid wastes, are referred
to as ‘refuse’. The refuse contains garbage including food wastes, rubbish materials
such as waste papers, glasses, metallic cans, plastic carry bags and plastic materials,
etc.

 Apart from the above, hazardous wastes are also generated at houses. Items like
aerosol cans, batteries from torch lights and other electronic gadgets, bleaches,
chemicals and solvents and their empty containers, light bulbs, tube lights, discarded
medicines, paints, oils, and their empty containers, pesticides, herbicides and their
empty containers, Styrofoam and soft foam packaging, etc.

 Waste generation ranges from 200 gms to 500 gms per capita per day in cities ranging
from one lakh to over 50 lakhs population. The larger the city, the higher is the per
capita waste generation rate. The total waste generation of urban areas in the country
is estimated to be around 39 million tons.

 The modern agricultural practices also contribute towards land pollution. Since
agriculture is becoming more and more intensive, large quantities of fertilizers,
pesticides, herbicides and other soil conditioners are being used. Though fertilizers,
pesticides, herbicides and other soil conditioners are being used. Though fertilizers
are used to fortify soil, they contaminate the soil to some extent.

 There is every possibility that the nitrates are washed out due to the careless
application of fertilizers, which may adversely affect the water bodies in, and around.
The chemicals used in the fertilizers contaminate the ground water too.

 The indiscrete uses of pesticides like DDT, BHC, Endrin, and other types of
pesticides contaminate the soil.

 In addition to pesticides and fertilizers, soil conditioners and fumigants are use in
agriculture. This chemical agents causes alterations in the physical, chemical and
biological properties of soil.

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 Radioactive materials from atmospheric fall out in nuclear explosions, radioactive

materials emitted by nuclear implosions and the radioactive waste from nuclear
testing laboratories, industries and power plants pollutes the land.

 Wastes from nuclear reactors containing radioactive materials like Ruthanium – 106,
Rhodium – 106, Strontium – 90, Caesium – 137, are produced as a result of nuclear
fission. Rain causes strontium – 90 and caesium – 137, to be deposited on the soil
where it is held firmly by electrostatic forces.

 Heavy rains and soil erosion carry these away with silt and clay. A recent report
indicated that certain plants such as lichen, can accumulate caesium – 137 and a
concentration of radio nuclides in animals occurs when these plants are fed. All the
radionuclides deposited on the soil emit gamma radiation.

 The excreta of humans, animals and birds are yet another source of land pollution by
biological agents.

 Digested sewage sludge, which is used as manure also contributes towards land
pollution. In addition to excreta, faulty sanitation, accumulation of wastewater also
induces land pollution.

EFFECTS OF LAND POLLUTION:

 Improper solid waste management gives rise to problems of health, sanitation and
environmental degradation. WHO studies have indicated that 22 diseases are directly
linked to improper solid waste management practices. Rodents and vector insects
transmit various diseases like dysentery, cholera, plague, typhoid, infective hepatitis,
and others.

 Apart from these, people are exposed to high health risks and frequently suffer from
respiratory tract infections, gastrointestinal parasites and worms.

 Unscientific disposal of waste also pollutes ground water resources with heavy metal
and other contaminants through leachate, which pose serious problems of
environmental deterioration and health risk.

SOLUTION FOR PROBLEMS CAUSED BY LAND POLLUTION :

 Solid waste management systems adopted in Indian cities are highly inefficient and
outdated, lacking public participation.

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 Overall public apathy is observed in the matter of handling and disposal of municipal
waste.

 A system of throwing garbage on the streets by citizens and local bodies collecting
the waste from the street and disposing of it in the most unhygienic manner is in
vogue.

 These systems can be corrected by taking concerted measures involving the public at
large through their active participation in the process, and by local bodies performing
their duties effectively.

 Various laws enacted by their respective states govern local bodies in the country.

 Many state laws governing urban local bodies do not have adequate provision for
ensuring appropriate solid waste management system with the result that out dated
systems continue to affect the quality of life of the people. For improving solid waste
management practices in urban areas it was felt necessary to incorporate suitable
provision to ensure public participation.

 With these objects in mind the ministry of Environment and Forest had under the
powers conferred on it by the Environment Protection Act, 1986, has notified three
important rules to regulate the practice of managing and handling hazardous waste,
bio-medical waste and Municipal Solid Waste.

HAZARDOUS WASTE (MANAGEMENT AND HANDLING) RULES, 1989

AS AMENDED IN 2000:

 The Hazardous Waste Rules applies to Management and Handling of 18 categories of

wastes like :

1. Cyanide waste;

2. Metal finishing wastes;

3. Wastes containing water soluble chemical compounds of lead, copper, zinc,

chromium, nickel, selenium, barium and antimony;

4. Mercury, Arsenic, Thallium and cadmium bearing wastes;

5. Non-halogenated hydro carbons including solvents;

6. Halogenated hydro carbons including solvents;

7. Wastes from paints, pigments, glue, varnish and printing ink;

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8. Wastes from Dyes and dye-intermediates containing inorganic chemical

compounds;

9. Wastes from Dyes and dye-intermediates containing organic chemical compounds;

10. Wastes oil and oil emulsions;

11. Tarry wastes from refining and tar residues from distillation or pyrolytic
treatment;

12. Phenols;

13. Sludge arising from treatment of waste water containing heavy metals, toxic
organic, oils, emulsions and spent chemical and incineration ash;

14. Asbestos;

15. Wastes from manufacturing of pesticides and herbicides and residues from
pesticides and herbicides formulations units;

16. Acid/Alkaline/slurry wastes;

17. Off specification and discarded products;

18. Discarded container and container liners of hazardous and toxic chemicals and
wastes.

 The Notification directs the occupier generating hazardous wastes to take all practical
steps to ensure that such wastes are properly handled and disposed of without any
adverse effects.

 He shall also be responsible for proper collection, reception, treatment, storage and
disposal of these wastes either himself or through the operator of facility.

BIO-MEDICAL WASTES (MANAGEMENT AND HANDLING) RULES,

1998.

 The Bio-medical waste (Management and Handling) Rules, 1998 was made by the
Ministry of Environment and Forests and notified through a notification dated 20 th
July 1998. These rules ware made applicable to all persons, who generate, collect,
receive, store, transport, treat, dispose or handle bio-medical wastes in any form.

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 “Bio-medical waste” means any waste, which is generated during the diagnosis,
treatment or immunization of human beings or animals or in research or in research
activities pertaining thereto or in the production or testing of biologicals.

 “Biologicals” means any preparation made from organisms or microorganisms or

product of metabolism and bio-chemical reaction intended for use in the diagnosis,
immunization or the treatment of human being or animals or in research activities
pertaining thereto.

 For the purpose of these rules, an “occupier” in relation to any institution generating
bio-medical waste, which includes the hospital, nursing home, clinic, dispensary,
veterinary institution, animal house, pathological laboratory, blood bank by whatever
name called, means a person who has control over that institution and or its premises.

 These rules prescribes that it shall be the duty of every occupier of an institution
generating bio-medical waste to take all steps to ensure that such waste is handled
without any adverse effect on human health and the environment.

BIO-MEDICAL WASTES AND TREATMENT:

1. Human Anatomical Waste (Human tissues, organs, body parts) – Incineration or

deep burial.

2. Animal waste (Animal tissues, organs, body parts, carcasses, bleeding parts, fluid,
blood and experimental animals used in research, waste generated by veterinary
hospitals and colleges, discharge from hospitals, animals houses) - Incineration or
deep burial.

3. Microbiology and biotechnology waste (waste from laboratory cultures, stocks or

specimens of microorganisms, live or attenuated vaccine, human and animal cell
culture used in research and industrial laboratories, waste from production
biologicals, toxins, dishes and devices used for transfer of cultures - Local
autoclaving or microwaving or incineration.

4. Waste sharps (needles, syringes, scalpels, blades, glass, etc. that may cause
disinfection, puncture and cuts. This includes both used and unused sharps) –
Chemical treatment or autoclaving or microwaving and mutilation / shredding

5. Discarded medicines and cyto toxic drugs (wastes comprising of outdated,

contaminated and discarded medicines) – Incineration or destruction and disposal in
secured land fills.

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6. Solid waste (items contaminated with blood and body fluids including cotton,
dressing, soiled plaster casts, bedding and other materials contaminated with blood) –
Incineration or autoclaving or microwaving.

7. Solid waste (wastes generated from disposable items other than the waste sharps
such as tubing, catheters, intravenous sets, etc) – Disinfection by chemical treatment
or autoclaving or microwaving and mutilation or shredding.

8. Liquid waste (waste generated from laboratory and washing, cleaning, house
keeping and the disinfecting activities) – Disinfection by chemical treatment and
discharge into drains.

9. Incineration ash (ash from incineration of any bio-medical waste) – Disposal in

municipal landfills.

10. Chemical waste (chemicals used in production of biologicals, chemicals used in

chemical disinfection as insecticides, etc.) – Chemical treatment and discharge into
drains for liquids and secured land fill for solids.

UNIT - XV
GROUND WATER POLLUTION
INTRODUCTION:

 Water is one of the most valuable natural resources of earth, without which mankind
cannot survive. It is a finite resource, which means that the total amount of water
available is limited.

 Earth is estimated to have 1400 million cubic kilo-meters of water of which 97.3% is
salt water in the oceans and 2.7% is fresh water.

 Of the fresh water that is available a major portion of it (75%) is frozen in the Polar
Regions.

 Of the remaining 25% of fresh water, groundwater constitutes 23% and surface water
forms a meager 2%.

 Surface water is water that is visible above the ground surface, and flows in streams
and rivers, and in natural lake, in wet lands and in reservoirs constructed by humans.

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 The Madras Metropolitan Area Groundwater (Regulation) Act, 1987, has defined
groundwater as “the water which exists below the surface of the ground”.

FACTORS RESPONSIBLE FOR DEPLETION OF GROUND WATER

RESOURCE:
 Over the years, people have witnessed a lot of problems due to over exploitation of
ground water.

 This is due to various factors like industrialization, urbanization, green revolution,

growth in population, technological advancements, water markets, notion of priority
of use, policy intervention, crop patterns ect.

 India has a varied hydrological setting. The present ground water use is not uniform
throughout India. While the advancement of modern civilization has created greater
needs for using more and more water in intensive and extensive cultivation, hectic
industrial production and increased domestic urban and commercial activities, it has
also created new techniques of effectively abstracting ground water from a deeper
level and in very huge quantity. Easiness to drill bore wells, bore wells are drilled in
umpteen numbers and centrifugal pumps are used to abstract ground water quickly
and in greater quantity.

 Easiness to drill bore wells, ability to extract form deeper levels, no hassles of
constant maintenance to keep the sides from collapsing have created a big demand for
bore wells.

 As a result, the stress on the ground water has been very drastic in the present century
after making extensive use of consumable surface water.

 Our model of development, which relies so heavily on industrialization, naturally

attracts migration from rural areas into the urban areas and as a result there is an
exponential growth in urban centers of India.

 Naturally, this generates unnatural pressure on civic amenities out of which water is
in great demand.

 The entrenched view of ground water as a private resource has led to the wide spread
development of ground water market.

 The rapid growth of urban areas with poor municipal services has created market for
drinking water even in relatively water rich regions.

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 For example in Gujarat, well owners commonly sell well frequently sell water to
others in need of it. In Tamil Nadu ground water in areas adjacent to Chennai is
pumped and sold in the city.

 Those living in semi urban areas that own wells or other water resources supply these
markets. The issue of their right to sell the water is rarely questioned in the day to day
transaction involved in meeting local needs.

MADRAS METROPOLITAN AREA GROUNDWATER (REGULATION)

ACT, 1987

 The Government of Tamil Nadu enacted the Madras Metropolitan Area Groundwater
(Regulation) Act, 1987 for the following objects.

1. To regulate and control the extraction, use or transport of groundwater; and

2. To conserve groundwater in certain areas in the State of Tamil Nadu.

 The Madras Metropolitan Area Groundwater (Regulation) Act, 1987 extends to the
whole of city of Madras and certain revenue villages in the Chengalpattu District
(now in the Kancheepuram and Thiruvallur District) specified in the schedule to the
Act.

 Section 3 of the Madras Act directs that “no person shall sink a well in the scheduled
area unless he has obtained a permit in this behalf from the competent authority”.
‘well’ is defined in Section 2(I) to mean a well sunk for the purpose of searching or
extracting ground water and includes an open well, dug well, bore well, dug-cum-
bore well, tube well, filter point or any contrivance which when installed, could be
utilized for extracting groundwater. The ‘competent authority’ referred above shall be
the Chennai Metropolitan water Supply and Sewerage Board in the city of Chennai
and in relation to the villages specified in the schedule, the District Collector or any
Officer not below the rank of Tahsildar, authorized by the Government in this behalf.

 The Madras Act also provides for the Registration of existing well in the scheduled
area. Section 5 provides that “no person shall extract or use ground water in the
scheduled area for any purpose other than domestic purposes”.

 It further directs that “no person shall transport groundwater by means of any lorry,
trailer or any other goods vehicle”.

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 If any person desires to extract or use groundwater then he shall make an application
to the competent authority for the grant of license for such extraction, use or
transport.

 Section 10 of the Madras Act prescribes punishment for contravention of any

provision of this Act or for failure to comply with any of the provisions of this Act or
the rules made under this Act. The punishment prescribed for contravention or failure
to comply with any of the provisions of the Act, shall be fine, which may extend to
Rs. 500 for the first offence. For the second or any subsequent offence, the offender
shall be punished with imprisonment for a term which extend up to 6 months or with
fine which may extend to Rs. 1000 or with both.

 Section 12 of the Madras Act makes the offence punishable under this Act as a
cognizable offence within the meaning of the Code of Criminal Procedure, 1973. If
further provides that “no court shall take cognizance of any offence punishable under
this Act, except upon a complaint in writing by the competent authority or an officer
generally or specially authorized by the Government in this behalf”.

UNIT – XVI
LAW RELATING TO CONSERVATION OF FOREST AND WILD
LIFE
THE FOREST CONSERVATION ACT, 1980:

 The Parliament of India enacted the Forest Conservation Act, 1980 to provide for the
conservation of forest and matters connected therewith. The imposition of restrictions
on dereservation of forests or use of forestland for non-forest purpose is the main
object of the Forest Conservation Act, 1980 (FAC).

 Section 2 of the FCA directs that no State Government or other authority shall make
any order without the prior approval of the Central Government for the following
purposes :

1. Dereservation of any reserved forest or any portion thereof;

2. Permitting the use of any forest land or any portion thereof for any non forest
purpose.

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3. Assigning by way of lease or otherwise any forest land or any portion thereof to
any private person or to any authority, corporation, agency or any other organization
not owned or managed or controlled by the Government;

4. Clearing off trees, which have grown naturally in any forestland or any portion
thereof for the purpose of using it for reafforestation.

“Non-forest purpose” means the breaking up or clearing of any forestland or portion

thereof for :

1. The cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, horticulture
crops or medicinal plants;

2. Any purpose other than reafforestation.

THE MEMBERS OF FCA

 The Central Government has constituted a Committee to advise the Government with
regard to the grant of approval required under Section 2 as described above and for
any other matter connected with the conservation of forest, which may be referred to
it by the Central Government.

 The Committee constituted by the Central Government in exercise of the powers

conferred under Section 4 of the FCA comprises of the following members :

1. Inspector General of Forest, Ministry of Environment & Forests - Chairman

2. Additional IG of Forests, Ministry of Environment & Forests - Member

3. Joint Commissioner (Soil Conservation), Ministry of Agriculture - Member

4. Eminent Environment Scientists (Non-officials) - Members

5. Deputy IG of Forests, Ministry of Environment & Forests - Member Secretary

PUNISHMENTS

 Section 3A of FCA prescribes penalty for contravention of the provisions of the Act.

 This Section provides that “whoever contravenes or abates the contravention of any
of the provisions of Section 2 shall be punishable with simple imprisonment for a
period which may extend to 15 days”.

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WILDLIFE (PROTECTION) ACT, 1972

 There is a dramatic increase in the illegal wildlife trade in India. In India, illegal trade
in tiger bones and skins, rhino horn, ivory, bear bile, musk, skin for the fur trade,
reptile skins, butterflies, rare medicinal and ornamental plants, swiftlet nests, coral
and sought after species in live mammal, bird and reptile is on the rise.

 This is due to the demand these products have in the international market. Except for

 Minor domestic use, there is no major market for these products within India. All the
trade is destined for countries outside our borders.
 The expansion of trade is directly related to a precipitous increase in the value of the
products in the international market. All over the world the commercial activities
related to wild life are classified under the following categories :

1. Trade for food

2. Trade for medicine

3. Trade for derivatives

4. Trade for pets or private collections

5. Trade for artifacts

6. Trade for souvenirs

7. Trade for zoos/gardens/museums

 The trade in wild life could be in the form of whole animals and plants or its part,
product or derivatives. There are two main forms in which the trade takes place :

1. Live trade is for:

a. Exhibits and captive breeding

b. Food

c. Biomedical and scientific research

d. Ornamental/display

e. Pet, etc.,

2. Dead trade (whole, parts, products, or derivatives) for :

a. Food

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b. Medicine

c. Decoration, curio, handicrafts

d. Clothing

e. Raw material for industry

f. Museum specimens etc.

 Wild life trade is now well entrenched and wide spread in India. The low risk of
detection, high profits and numerous cross border trade rules have made the illegal
trade an increasingly attractive ‘business’.

 India holds nearly half of the world’s tiger population. In the late 1980’s having
decimated tigers in China, Siberia and South East Asia, traditional oriental medicine
manufactures started to target India as their source of supply for tiger products. A
deep-rooted belief in the healing powers of tiger bones in Countries like China,
Taiwan, South Korea and Japan has accelerated the trade in tiger parts to disastrous
proportions. Tiger bones are smuggled into Tibet. Bones and skins of tiger are also
smuggled overland into Nepal, Bhutan, Bangladesh, and Myanmar.

 In Northeast India, there is evidence of a strong connection between the illegal traders
in Rhino horns, insurgent groups and the drugs and arms trade. Fantastic prices in
China and Taiwan and consequently in India, makes rhino horn a lucrative illegal
trade.

 The poaching of male elephants for the ivory trade is also on the increase. Ivory is
traded in a raw or unworked from (either cut pieces or whole tusks) or in decorative
pieces. Little is known of the Indian connection in the complex international ivory
trade network.

 Another lucrative item in the illegal international wild life trade is musk. It is
estimated that two hundred musk deer are killed to produce just one kilogram of
musk.

 The poaching of musk deer in Northeast and Northwest India is extensive and there
is a thriving international trade from India to countries like Hong Kong and Japan.

 Poaching of bears, particularly the Himalayan species, for oriental medicine is now
widespread in the Northwest of India. This species is also being heavily poached in
North Bengal and in the State of Arunachal Pradesh. Bear bile is extracted from the
animal’s gall bladder. It is used as an external medication for back and joint pains. To
check and control Wild Life trade in India, the Wild Life Protection Act, 1972.
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 The Indian law on wildlife, the Wildlife (Protection) Act, 1972 was passed on
requests from states. The Act made it possible to constitute a wildlife board with
powers of regulation in every state or union territory. For the purpose of protecting,
propagating or developing wildlife and its environment, the power is conferred on the
State Governments and Central Government to proclaim wildlife sanctuaries and
national parks.

 Before dealing with the provisions of Wildlife Protection Act, it is better to

understand the meaning of certain terms used in the legislation.

1. ‘Wildlife’ id defined to include “any animal, bees, butterflies, crustacea, fish and
moths; and aquaire or land vegetation, which form part of any habit”.

2. ‘Wild animal’ means any animal found wild in nature and includes any animal
specified in Schedule 1,2,3,4 or 5, wherever found.

3. ‘Animal’ is defined to include “amphibians, birds, mammals and reptiles and their
young, and also includes, in the cases of birds and reptiles, their eggs.

4. ‘Animal article’ means an article made from any captive animal or wild animal,
other than vermin, and includes an article or object in which the whole or any part of
such animal has been used, and ivory imported into India and an article made there
from.

5. ‘Captive animal’ means any animal specified in Schedule 1 to 4, which is captured

or kept or bred in captivity.

6. ‘Vermin’ means any wild animal specified in Schedule 5 (common crow, fruit bats,
mice, rats).

7. ‘Trophy’ means the whole or any part of any captive animal or wild animal, other
than vermin, which has been kept or preserved by any means, whether artificial or
natural and includes:

a) rugs, skins and specimens of such animals mounted in whole or any part through a
process of taxidermy, and
b) antler, horn, rhinocerous horn, heir, feather, nail, tooth, musk, eggs and nests.

8. Live stock includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats,
horses, mules, pigs, sheep, yaks, and also includes their young.

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AUTHORITIES CONSTITUTED UNDER THE ACT

1. The Central Government may, for the purpose of the Act, appoint

(a) A Director of Wildlife Preservation

(b) Assistant Directors of Wildlife Preservation and

(c) Such other Officers and employees as may be necessary.

2. The State Government may, for the purpose of the Act, appoint

(a) A Chief Wildlife Warden

(b) Wild Life Wardens

(c) One Honorary Wildlife Warden in each district; and

(d) Such other Officers and employees as may be necessary.

UNIT – XVII
LAW RELATING TO PREVENTION OF CRUELTY TO ANIMALS
 To prevent cruelty to Animals and to prevent the infliction of unnecessary pain or
suffering on animals, the Parliament of India enacted the Prevention of Cruelty to
Animals Act, in the year 1960.

 For the purpose of Prevention of Cruelty to Animals Act, 1960 (PCA), the
expression:

1. “Animal” means any living creature other than a human being;

2. “Captive Animal” means any animal (not being a domestic animal) which is in
captivity or confinement, whether permanent or temporary, or which is subject to any
appliance or contrivance for the purposes of hindering or preventing its escape from
captivity or confinement or which is pinioned or which is or appears to be maimed.

3. “Domestic Animal” means any animal which is tamed or which has been or is
being sufficiently tamed to serve some purpose for the use of man or which, although
it neither has been nor is being nor is intended to be so tamed, is or has become in fact
wholly or partly tamed.

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4. “Phooka” or Doom Dev” includes any process of introducing air or any substance
into the female of a milch animal with the object of drawing off from the animal any
secretion of milk.

DUTY TO ENSURE THE WELL BEING OF ANIMAL

 Apart from the Fundamental Duty imposed on citizens of this country by the
Constitution of India through Article 51A(g) to have compassion towards living
creatures, section 3 of PCA confers a statutory obligation on persons having the care
or charge of any animal to take all reasonable measures to ensure the well being of
such animal and to prevent the infliction upon such animal of unnecessary pain or
suffering.

CRUELTY TO ANIMALS
 Section 11 of PCA enumerates instances, which would amount to treating of animals
cruelly. Activities that would amount to cruelty to animals are:

1. If any person_

(a) beats, kicks, overrides, overdrives, overloads, tortures or otherwise treats any
animals so as to subjects it to unnecessary pain or suffering or causes or, being the
owner, permits, any animal to be so treated; or

(b) employs in any work or labour or for any purpose any animals which, by reason
of any disease, infirmity, wound, sore or other cause, is unfit to be so employed or,
being the owner, permits any such unfit animal to be so employed; or

(c) willfully and unreasonably administers any injurious drug or injurious substance
to any animal or willfully and unreasonably causes or attempts to any such drug or
substance to be taken by any animal; or

(d) conveys or carries whether in or upon any vehicles, or not, any animal in such a
manner or position as to subjects it to unnecessary pain or suffering;

(e) Keeps or confines any animal in any cage or other receptacle which does not
measure sufficiently in height, length and breadth to permit the animal a reasonable
opportunity for movement; or

(f) keeps for an unreasonable time any animal chained or tethered upon an
unreasonably short or unreasonably heavy chain or cord; or

(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog
habitually chained up or kept in close confinement; or

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(h) being the owner of any animal, fails to provide such animal with sufficient food,
drink or shelter; or

(i) willfully permits any animal, of which he is the owner, to go at large in any street
while the animal is affected with contagious or infectious disease or, without
reasonable excuse permits any diseased or disabled animal, of which he is the owner,
to die in any street; or

(j) solely with a view to providing entertainment;

 confines or cause to be confined any animal (including tying of an animal as a bait in

a tiger or other sanctuary) so as to make it an object of prey for any other animal; or

 incites any animal to fight or bait any other animal.

 he shall be punishable, in the case of a first offence, with fine which shall not be less
than Rs. 10 but which may extend to Rs. 50, and in the case of a second or subsequent
offence committed within three years of the previous offence, with fine which shall
not be less than Rs. 25 but which may extend to three months, or with both.

ANIMAL WELFARE BOARD OF INDIA

 The Government of India has established Animal Welfare Board of India mainly for
two purposes:

(1) For the promotion of animal welfare generally and

(2) For protecting animals from being subjects to unnecessary pain or suffering.

 The Animal Welfare Board of India (AWBI) the first of its kind to be established by
any Government in the world, was set up in 1962 in accordance with Section 4 of the
Prevention of Cruelty to Animals Act, 1960.

 Smt. Rukmini Devi Arundale pioneered the setting up of this Board, with its
Headquarters at Chennai.

 The Board consists of 28 members including 6 Members of Parliament,

Humanitarians, Representatives of the Government of India and Representatives of
Societies for Prevention of Cruelty to Animals and Animal Welfare Organizations.

The main functions of the Board (AWBI)

1. To implement provisions of the PCA Act and advise the Government on the
amendments to be undertaken in any such law from time to time, and on policy
formulation in respect of Animal Welfare;
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2. To recognize Societies for the Prevention of Cruelty to Animals (SPCAs) and

Animal Welfare Organizations and give financial assistance for specific projects like
Constitution of Shelter Houses, Veterinary Care, Animal Birth Control Programme
etc.,

3. To impart education to the humane treatment of animals and to encourage the

formation of public opinion against the infliction of unnecessary pain or suffering to
animals.

EXPERIMENTATION ON ANIMALS
 Section 14 of PCA permits experimentation on animals (including experiments
involving operations) if such experimentation will be usefrl for saving or for
prolonging life or alleviating suffering or for combating any disease, whether of
human beings, animals or plants.

 The Central Government may constitute a Committee for the purpose of controlling
and supervising experiments on animals.

 It shall be the duty of the Committee to take all such measures to ensure that animals
are not subjected to unnecessary pain or suffering before, during or after the
performance of experiments on them.

 For the purpose of discharging its functions and for enforcing compliance of rules
made by the Committee, it may authorize any of its officers to inspect any institution
or place where experiments are being carried on. The Committee is also conferred the
power of entry and inspection.

 Section 19 of PCA Act has conferred power on the Committee to prohibit

experiments on animals, if the Committee is satisfied that any person or institution
carrying on experiments on animals is not complying with the rules made by it.

 If any person contravenes any order made by the Committee or commits a breach of
any condition imposed by the Committee then he shall be punishable with fine, which
may extend to Rs.200.

RESTRICTION ON EXHIBITION AND TRAINING OF PER-FORMING

ANIMALS
 The PCA Act prohibits exhibition and/or training of any animal, which is notified by
the Central Government. However, if any person has registered with the ‘Prescribed
Authority’ for the purpose of exhibiting or training any performing animal, then he
may exhibit and train-performing animals subject to the conditions prescribed by the
Authority.

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 Under Section 25 of PCA Act, Magistrates are empowered to prohibit or restrict

exhibition and training of performing animals on receipt of a complaint made by a
police officer or any officer authorized by the prescribed authority. Any person
authorized by the prescribed authority and any police officer not below the rank of a
Sub-Inspector may enter and inspect any premises in which performing animals are
being trained or exhibited or kept for training or exhibition and require the trainer or
exhibitor to produce his certificate of registration.

 If any person_

1. Exhibits or trains any performing animal without registration; or

2. Exhibits or trains any performing animal in a manner with respects to which, he is

not registered; or

3. Exhibits or trains any animal which is not to be used as a performing animal; or

4. Obstructs or willfully delays any person or police officer in the exercise of powers
under this Act as to entry and inspection; or

5. Conceals any animal with a view to avoid such inspection; or

6. Fails to produce his certificate of registration; then, he shall be punishable on

conviction with fine which may extend to Rs. 500 or with imprisonment, which may
extend to 3 months or with both.

 However, the PCA Act exempts the training of animals for bona fide military or
police purpose or the exhibition of any animal so trained.

 It also exempts the exhibition of animals for education or scientific purposes by any
zoological garden or by any society or association, which keeps animals with the
principal object of exhibition for education or scientific purposes.

RULES MADE UNDER THE PREVENTION OF CRUELTY TO ANIMALS

ACT, 1960
 The Central Government is empowered to make rules for all or any of the following
matters:

1. The maximum load to be carried or drawn by any animal;

2. The conditions to be observed for preventing the overcrowding of animals;

3. The period during which, and the hours between which, any class of animals shall
not be used for draught purposes;

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4. Prohibiting the use of any bit or harness involving cruelty to animals;

5. Requiring persons carrying on the business of a farrier to be licensed and registered

by such authority;

6. Precautions to be taken in the capture of animals for purposes of sale, export or for
any other purpose;

7. Precautions to be taken in the transport of animals, whether by rail, inland,

waterway, sea or air and the manner in which and the cages or other receptacles in
which they may be so transported;

8. Requiring persons owning or in charge of premises in which animals are kept or

milked to register such premises, to comply with such conditions as may be laid down
in relation to the boundary walls or surrounding of such premises, etc.

 Section 38 provides that if any person contravenes, or abets the contravention of, any
rules made by the Central Government, he shall be punishable with fine, which may
extend to Rs. 100 or with imprisonment for a term which may extend to 3 months or
with both.

RULES MADE UNDER THE PREVENTION OF CRUELTY TO ANIMALS

ACT, 1960
 The Central Government is empowered to make rules for all or any of the following
matters:

1. The maximum load to be carried or drawn by any animal;

2. The conditions to be observed for preventing the overcrowding of animals;

3. The period during which, and the hours between which, any class if animals shall
not be used for draught purposes;

4. Prohibiting the use of any bit or harness involving cruelty to animals;

5. Requiring persons carrying on the business of a farrier to be licensed and registered

by such authority;

6. Precautions to be taken in the capture of animals for purposes of sale, export or for
any other purpose;

7. Precautions to be taken in the transport of animals, whether by rail, inland,

waterway, sea or air and the manner in which and the cages or other receptacles in
which they may be so transported;

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8. Requiring persons owning or in charge of premises in which animals are kept or

milked to register such premises, to comply with such conditions as may be laid down
in relation to the boundary walls or surrounding of such premises, etc.

 Section 38 provides that if any person contravenes, or abets the contravention of any
rules made by the Central Government, he shall be punishable with fine, which may
extend to Rs. 100 or with imprisonment for a term which may extend to 3 months or
with both.

TAMIL NADU ENACTMENTS

 Apart from the rules made to prevent cruelty to animals by the Central Government,
there are certain other enactments having its operation in the State of Tamil Nadu.

 The following state enactments also aim at prevention of cruelty to animals in the
State of Tamil Nadu.

1. Madras City Police Act, 1888:

o Section 53 of the Act reads: “Whoever cruelly beats, ill-treats or tortures any
animal, causes any animal to be cruelly beaten, ill-treated or tortured, shall be
liable to fine not exceeding Rs.100 or to imprisonment not exceeding 3
months or to both”.

2. The Towns Nuisance Act, 1889:

o Section 5 of the Act reads: “Who ever cruelly beats, ill-treats or tortures or
drives, rides, or otherwise uses any animal in an unfit state to be so driven,
ridden or used, or causes any animal to be cruelly beaten, ill-treated or
tortured, or to be driven, ridden or used, shall be liable to a fine not exceeding
Rs. 50 or to imprisonment not exceeding one month or to both.

3. Tamil Nadu Wild Elephants Preservation Act, 1873:

o An act to prevent indiscriminate destruction of wild elephants.

4. Tamil Nadu Animal and Bird Sacrifices Prohibition Act, 1950:

o Section 5 of the Act reads: “No person shall knowingly allow any sacrifice to
be performed at any place which is

 Situated within any temple and its precincts;

 In his possession or under his control”.
 Section 6 prescribes punishment for contravention of Sections 3, 4, and 5. Violation
of:
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1. Section 3 will make a person liable for fine not exceeding Rs. 300.

2. Section 4 will make a person liable for fine not exceeding Rs. 300.

3. Section 5 will make a person liable for imprisonment of 3 months or with fine not
exceeding Rs. 300 or both.

UNIT – XVIII
THE ENVIRONMENT (PROTECTION) ACT, 1986
RULES AND NOTIFICATION
ENVIRONMENT (PROTECTION) ACT, 1986

Object of the Act –

 The Environment Protection Act was enacted by the Parliament in the year 1986. This
act was enacted with the object of providing for the protection and improvement of
environment and for matters connected therewith.

 The preamble to the Act points out that the environment protection act was made :

1. To implement decisions taken at the United Nations Conference on the human

environment held at Stockholm in June 1972,

2. To take appropriate steps for the protection and improvement of human

environment; and

3. To prevent hazards to human beings, other living creatures, plants and property.

Definitions –

 Section 2 (a) defines ‘environment’ as that which “includes water, air and land and
the interrelationship which exists among and between water, air and land and human
beings, other livings creatures, plants, microorganism and property.”

 Section 2 (c) defines ‘environment pollution’ as the “presence in the environment of

any environmental pollutant.”

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 Section 2 (b) defines ‘environmental pollutant’ as “any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be, injurious to
environment.”

Power to the Central Government to take measures to protect and improve

environment –

 Section 3 of the Environment Protection Act has prescribed certain powers which the
Central Government shall have to take all such measures as it deems necessary for the
purpose of protecting and improving the quality of environment and preventing,
controlling and abating environmental pollution.

The powers conferred under Section 3 of the Act are as follows :

1. To coordinate actions taken by the State Governments, Officers and other

authorities under the EP Act or under the Environment Protection rules.

2. To plan and execute a nation-wide program for the prevention, control and
abatement of environmental pollution.

3. To lay down standards for the quality of environment.

4. To lay down standards for emission or discharge of environmental pollutants from

various sources.

5. To restrict areas in which any industries or operations or processors shall be carried

out.

6. To lay down procedures and safeguards for the prevention of accidents which may
cause environmental pollution.

7. To lay down procedures and safeguard for the handling of hazardous substances.

8. To examine manufacturing processes, materials and substances which are likely to

cause environmental pollution.

9. To carry out and sponsor investigation and research relating to problems of

environmental pollution.

10. To inspect premises, plants, equipment, machinery, manufacturing or other

processes, materials or substances and to give direction to take steps for the
prevention, control and abatement of environmental pollution.

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11. To establish or recognize environmental laboratories and institutes to carry out the
functions entrusted to such environmental laboratories and institutes under the EP
Act,

12. To collect and disseminate information relating to environmental pollution.

13. To prepare manuals, codes or guides relating to the prevention, control and
abatement of environmental pollution.

14. To do such matters as the Central Government may deem necessary for the
purpose of securing the effective implementation of the EP Act,

Other Powers –

 Apart from the above list of powers conferred by Section 3 of the Central
Government, some more powers have been conferred on the Central Government by
other Sections of the EP Act as follows :-

1. Power to Appoint Officer –

 Section 4 has conferred on the Central Government the power to appoint Officers for
the purpose of entrusting on them such of the powers and functions prescribed under
the EP Act.

2. Power to Order Closure -

 Section 5 has conferred power on the Central Government to issue directions in

writing to any person, Officer or any authority and such person, Officer or authority
shall be bound to comply with such directions. Under this Section, the Central
Government has the power to issue directions for :

1. the closure, prohibition or regulation of any industry, operation or process; or

2. stoppage or regulation of the supply of electricity or water or any other service.

3. Power to make Rules –

 Section 6 has empowered the Central Government to make rules relating to :

a) Standards of quality of air, water or soil for various areas and purposes;

b) The maximum allowable limits of concentration of various environmental

pollutants (including noise) for different areas;

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c) The procedures and safeguards for handling of hazardous substances;

d) The prohibition and restriction and handling of hazardous substances in

different areas;

e) The prohibition and restriction on the location of industries and the carrying
on processes and operations in different areas;

f) The procedures and safeguards for the prevention of accidents which may
cause environmental pollution.

4. Power to enter and search –

 Section 10 has conferred powers on the Central Government and persons empowered
by the Central Government to enter any place for the purpose of :

1. performing any of the functions of the Central Government under the EP Act;

2. for the purpose of determining whether the provisions of the EP Act, the EP rules
are any notice, order, direction made under this Act has been complied with;

3. for the purpose of examining and testing any equipment, industrial plant, record,
register, document or any other material object or for conducting a search of any
building and for seizing any such equipment, industrial plant, record, register,
document or any other material object;

 Section 10 further provides that the search or seizure shall be made only in
accordance with the procedure prescribed under the Code of Criminal Procedure
1973.

 The Central Government by a notification dated 16 th February 1987 has empowered

60 Officers for the purpose of entry and inspection.

5. Power to take samples –

 Section 11 of the EP Act has conferred on the Central Government or any Officer
empowered by the Central Government, the power to take sample of air, water, soil or
other substance from any factory, premises or other place for the purpose of analysis .

 The Central Government by a notification made on 16th February 1987 and by

subsequent amendments thereafter has empowered 60 Officers to take samples.

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 Section 11 of the EP Act also prescribed the procedure for taking samples. The
Officer empowered to take samples shall –

1. serve a notice of his intention to collect samples and to analyze it in the prescribed
from on the occupier or his agent or person in charge of the place;

2. Collect the sample for analysis in the presence of the occupier or his agent or
person in charge of the place;

3. Cause the sample to be placed in a container which shall be marked and sealed and
shall also be signed both by the person taking the sample and the occupier or his
agent or person in charge of the place;

4. Send the container without delay to the laboratory established or recognized by the
Central Government.

Duties imposed on individuals –

1. Duty not to discharge Environment Pollutants –

 Section 7 of the EP Act directs that person that persons who are carrying on any
industry, operation or process shall not discharge or emit any environmental
pollutants in excess of standards that are prescribed by the Central Government.

2. Duty to comply procedural safe guards –

 Section 8 directs that persons who are handling hazardous substances shall comply
with the procedural safeguards prescribed by the Central Government.

3. Punishments prescribed under the Act –

 Section 15 of the EP Act prescribes penalty for contravention of the provisions of the
Environment Protection Act, the EP rules, orders and directions. Under this Section,
if any person fails to comply with or contravenes any of the provision of the act or the
rules or orders or directions shall be punishable with imprisonment for a term which
may extend to 5 years or with fine which may extend to Rs. 1 lakh or with both.

 In spite of the punishment, if the failure or contravention continues, then the person
may be imposed an additional fine which may extend to Rs. 5000 for every day
during which such failure or contravention continues after the conviction for the first
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period of 1 year after the date of conviction, then the offender shall be punishable
with imprisonment for a term, which may extend to 7 years.

4. Bar on Jurisdiction of Civil Courts –

 Section 22 of the EP Act provides that “no Civil Court shall have jurisdiction to
entertain any suit or proceeding in respect of anything done, action taken or order or
direction issued by the Central Government or any other authority or Officer in
pursuance of any power conferred” by the EP Act.

5. Cognizance of Offences –

 Section 19 of the EP Act provides that a Court can take cognizance of any offence
under this Act only on a complaint made by :

1. the Central Government or any authority or Officer authorized in this behalf;

 (The Central Government by a Notification dated the 16th April 1987 has authorized
certain Officers like :

(i) Director, Joint Secretary, Advisor or Additional Secretary in the Department of

Environment, Forest and Wild Life;

(ii) The Chairman or Member Secretary of the Central Pollution Control Board;

(iii) The Secretary to the Government of the State Department of Environment;

(iv) Chairman or Member Secretary of the State Pollution Control Board;

(v) The District Collectors;

(vi) Zonal Officers of the Central Pollution Control Board;

(vii) Regional Officers of the State Pollution Control Board).

2. any person who has given notice of not less than 60 days to the Central
Government of the alleged offence and of his intention to make a complaint.

THE ENVITONMENT (PROTECTION) RULES, 1986

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 The Central Government in exercise of the powers conferred by sections 6 and 25 of

the EP Act made the Environment Protection Rules in the year 1986. The
Environment Protection Rules has fourteen rules and seven schedules.

 Schedule I: prescribes the standards for emission or discharge of environmental

pollutants from industries, operations or process.

 Schedule II: was omitted by a notification dated 31-12-1993.

 Schedule III: of the EP rules prescribes ambient air quality standards in respect of
noise.

 Schedule IV: prescribes standards for emission of smoke, vapor etc. from motor
vehicles.

 Schedule V: provides a list of authorities or agencies to be intimated in case of

discharge of any environmental pollutant in excess of prescribed standards.

 Schedule VI: prescribes general standards for discharge of environmental pollutants.

 Schedule VII: prescribes the National Ambient Air Quality Standards (NAAQS).

Power to Describe Standards –

 Rule 3 of the EP rules confers power on the Central Pollution Control Board and the
State Pollution Control Board to specify more stringent standards than prescribed in
the schedules mentioned above in respect of any specific industry, operation or
process, depending upon the quality of the recipient systems.

Prohibiting/Restricting the Location of Industries -

 Rule 5 of the EP rules directs the Central Government to take into consideration the
following factors while prohibiting or restricting the location of industries and
carrying on of processes and operations in different areas :

1. Standards for quality of environment in its various aspects laid down for an area;

2. The maximum allowable limits of concentration of various environmental

pollutants (including noise) for an area;

3. The likely emission or discharge of environmental pollution from an industry,

process of operation proposed to be prohibited or restricted;
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4. The topographic and climatic features of an area;

5. The biological diversity of the area;

6. Environmentally compatible land use;

7. Net adverse environmental impact likely to be caused by an industry, process or

operation;

8. Proximity to a protect area under the Ancient Monuments and Archaeological Sites
and Remains Act, 1958 or a Sanctuary, National Park, reserve or closed area notified
under the Wild Life Protection Act, etc.;

9. Proximity to human settlements;

10. Any other factor relevant for the protection of the environment.

Environmental Laboratory –

 Rule 9 of the EP rules has laid down the functions of the environmental laboratories
established or recognized under the EP Act. The functions of the environmental
laboratory are :-

1. To evolve standardized methods for sampling and analysis of various types of

environmental pollutants;

2. To analyze samples sent by the Central Government or by the Officers empowered

by the Central Government;

3. To carry out investigations as may be directed by the Central Government for

laying down standards for the quality of environment and discharge of environmental
pollutions, to monitor and to enforce the standards laid down;

4. To send periodical reports regarding its activities to the Central Government;

5. To carry out such other functions as may be entrusted to it by the Central

Government from time to time.

IMPORTANT RULES AND NOTIFICATIONS MADE UNDER THE

ENVIRONMENT (PROTECTION) ACT
 The Central Government, to perform its functions effectively as contemplated in the
Environment Protection Act, has made various Rules, notifications and Orders
including the following:
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1. Hazardous waste (Management and Handling) Rules, 1989 as amended in 2000;

2. Rules for the Manufacture, use, import, export and storage of hazardous micro
organisms, genetically engineered organisms or cells, 1993;

3. Manufacture, storage and import of Hazardous Chemical Rules, 1989;

4. Recognized laboratories under Rules for the manufacture, use, import, export and
storage of hazardous micro organisms, genetically engineered organisms or cells,
1993;

5. Bio-medical wastes (Management and Handling) Rules, 1998;

6. Recycled plastics (Manufacture and Usage) Rules, 1999;

7. Environment (Siting for industrial projects) Rules, 1999;

8. The Noise Pollution (Regulation and Control) Rules, 2000;

9. Ozone Depleting substances (Regulation and Control) Rules, 2000;

10. The Municipal Solid Wastes (Management and Handling) Rules 2000;

11. Batteries (Management and Handling) Rules 2001;

12. Notification relating to the delegation of powers to the Central Pollution Control
Board;

13. Eco-labeling notifications;

14. Environmental Impact Assessment Notifications;

15. Public Hearing Notifications;

16. The Coastal Regulation Zone Notification;

17. National Coastal Zone Management Authority Notification;

18. Notification relating to Prohibition and Restriction of the Handling of hazardous

substances in different cases;

19. Notification relating to Prohibition against open burning of waste oil;

20. Officers/Agencies authorized to enter the premises for inspection Notification;

21. Officers/Agencies authorized to take samples Notification;

22. Officers authorized for taking cognizance of offence Notification;

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23. Notification relating to environmental laboratories and analysts;

24. 2 T Oil (Regulation of Supply and Distribution) Order, 1998;

25. Notification relating to Prevention of dumpling and disposal of fly ash;

26. Taj Trapezium Zone Pollution (Prevention and Control) Authority Notification;

27. Aqua-culture Authority Notification.

UNIT – XIX
ROLE OF SOCIAL MOVEMENTS IN ENVIRONMNETAL
MANAGEMET
INTRODUCTION

 The concept of “Environmental Resource Management” requires a large-scale

participation of the people. In fact, the whole idea has to be “of the people, by the
people and for the people”. Nicholas Polunin, a noted environmentalist has observed
that “enlightened understanding by a human being of his or her environment is a pre-
requisite to saving it”.

CLASSIFICATION OF SOCIAL MOVEMENTS/ VOLUNTARY

ORGANISATION:
 Social Movements, reflecting largely their historical evolution, can be divided into six
groups:

1. Relief and Welfare Agencies (RAW) (NGOs, which provide relief and welfare
measures.)

2. Technical Innovation Organizations. (TIO) (NGOs, which operate their own

projects to pioneer new improved approaches to problems, and which tend to
remain specialized in their chosen field.

3. Public Service Contractors._ (PSC) (These NGOs, are contracted to implement

components of official programmes because it is felt that their size and flexibility
would help them perform the tasks more effectively than Government
departments.)

4. Popular Development Agencies. (PDA) (These NGOs, concentrate on self help,

social development, and grassroots democracy.)

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5. Grassroots Development Organizations.(GDO) (Locally based NGOs whose

members are the poor and oppressed themselves and which attempt to shape a
popular development processes. They often receive support from PDAs, though
many receive no external funding at all.

6. Advocacy Groups and Networks._ (AGN) (These are organizations which have
no field projects but which exist primarily for education and lobbying.)

SOCIAL MOVEMENTS FOR ENVIRONMENTAL MANAGEMENT:

1. Kalpavriksh (KV)

 This Organization started in 1979 as a movement opposed to the destruction of

Delhi’s green areas. The main functions of the Kalpavriksh are to inculcate
understanding and concern on environmental issues especially among the youth; to
conduct research in environmental problems; to campaign on environmental issue;

 to evolve a holistic environmental perspective. Kallpavriksh is developing workbooks

and other material on environment for the school level, conducting research on
environmental subjects such as an impact assessment study of the Narmada Valley
Project, pesticide use in India, are pollution in Delhi, and mining activities in Dahra
Dun district. Kalpavriksh is functioning as a resource group for NCERT and other
agencies on environmental education.

Kerala Sastra Sahitya Parishad (KSSP)

 The Kerala Sastra Sahitya Parishad has over the last three decades grown into an
important national institution with a membership of over 25,000 with around 900
units spread over the State of Kerala. The activities of the Parishad encompass eco-
development, creating and awareness on water and energy conservation, encouraging
the use of nonconventional sources such as smokeless chullhas.

World Wide Fund for Nature – India (WWF India).

 The World Wide Fund for Nature – India (WWF – India) has been working to
promote harmony between humankind and nature for almost three decades.

 Today, it is recognized as a premier conservation NGO in the country dealing with

nature conservation, environmental protection and development-related issues.

 At a time when the Web of life has come under increasing threats, WWF – India’s
attempts have been to find and implement solutions so that human beings can live in
harmony with nature, and leave for future generations a world rich in natural
resources and natural wonders.

 The WWF – India Mission has five broad programme components:

1. Promoting India’s ecological security; restoring the ecological balance;

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2. Conserving biological diversity;

3. Ensuring sustainable use of the natural resource base;

4. Minimizing pollution and wasteful consumption;

5. Promoting sustainable lifestyles.

 WWF earlier called as World Wild Life Fund, commenced activities in 1970 in
Bombay. This organization has approximately 200 volunteer associates and 10,000
subscriber supporters.

 The major activities of this Organization reconservation of the country’s natural

heritage through support to research, field projects, education and training, to raise
funds for conservation.

Bombay Natural History Society (BNHS):

 It started to work in September 1883 in Bombay. Now BNHS is a truly important
natural institution with a high international reputation. Through its systematic and
scientific studeis, the society has contributed significantly to increasing knowledge of
our mammals, birds, reptiles and other fauna and flora.

 BNHS has taken a significant part in the campaigns for conservation of our natural
heritage, notably for saving the invaluable tropical forests of Silent Valley in Kerala.

 The Society’s achievements have aroused public awareness of the need for
preservation of nature and have helped the country in legislating for the protection of
wildlife.

Chipko Movement:
 The Chipko Movement is an ecological movement, concerned with preservation of
forests and thereby maintenance of the traditional eco-balance in the sub Himalayan
region where hill people have enjoyed a very long symbiotic relationship with forest.

 This grass-root movement of the people of the region not only raised its voice against
environmental degradation but also took direct action by physical intervention in the
act of cutting the trees in order to preclude its felled. This movement arose in the
economically backward region of the Uttarakhand Himalaya where the people’s very
subsistence is intimately linked up with and relies heavily upon the well being of the
forests.

 The major demand of he Chipko Movement in view of the impending disaster caused
by the deforestation is to re-orient forest policy from exploiting to nurturing of the
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forest wealth and changing the perception of the masses regarding forests from the
suppliers of timber and resin to the makers of soil, water and oxygen.

A.P.E. (Association for the Preservation of the Environment):

 Association for the Preservation of the Environment (A.P.E.) is an organization
formed mainly for the preservation and protection of wildlife.

Some of the important objects of APE are:

1. To help protect wilderness areas and create more sanctuaries where necessary.

2. To report to the relevant authority of any poaching or illegal trading in wildlife or

wildlife products.

3. To prevent cruelty to animals.

4. To restore environmentally degraded and polluted areas to their pristine state.

5. To provide funds and equipment to individuals in their study and research in the
field of natural sciences.

6. To start institutes for the study of Ecology, Wildlife Management and other related
subjects.

7. To pay for law suits agaist offenders of the Wildlife Protection Act.

8. To financially support and equip anti-poaching squads.

9. To help in the rehabilitation of villagers and in providing alternative sources of fuel

to forest inhabitants.

10. To organize shelters for recuperation and possible rehabilitation of wild animals.

Center for Science and Environment:

 The Centre for Science and Environment is one of India’s leading environmental
NGOs with a deep interest in sustainable natural resource management.

 CSE’s strategy of “knowledge based activism” has won it wide respect and
admiration for the quality of its campaigns, research and publications which are
trying to bring about change in an extremely difficult situation.

 For nearly two decades now, CSE has tried to educate a whole nation, from many of
its top political leaders to its numerous rural activists, about the importance of
sustainable development, especially for the daily survival of the country’s poor and
its rural women.
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CPREEC (C.P.R. Environmental Education Centre, Chennai):

 An Autonomous Centre of Excellence of the Ministry of Environment and Forests,
Government of India established jointly by the Ministry and the C.P. Ramaswami
Aiyar Foundation.

 The Centre has been set up to increase consciousness and knowledge about the
environment and the major environmental problems facing the country today.

 It has been conducting a variety of programmes to spread awareness and interest

among the public, particularly among NGOs, women, youth and children, on all
aspects of the environment and ecology, with the purpose of promoting conservation
of nature and natural resources.

 The centre concentrates mainly on the following areas:

1. Environmental education;

2. Training teachers, trainers, NGOs, etc, in environmental protection;

3. Conservation and restoration of the ecological heritage;

4. The role of each life form in the ecological chain;

5. Land and water management;

6. Involving NGOs and women in afforestation;

7. Awareness of Environmental Laws;

8. Propagation of eco-friendly technologies for sustainable development.

 The Centre has the following facilities to discharge its responsibility efficiently:

1. Environmental laboratory;

2. Computer division;

3. Publications division;

4. Library.

CONCLUSION:
 It is interesting to note that while developed economies have been able to understand
the importance of ecology after pursuing industrialization and private profit making
for nearly 250 years, the developing economy like India is trying to integrate
economic process.
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 This shift in emphasis is primarily because of several movements based on people’s

participation, which have emerged after independence. This may ultimately provide a
different route to the development process.

UNIT – XX
INTERNATIONAL ENVIRONMENTAL LAW
FUNDAMENTAL PRINCIPLES OF INTRENATIONAL ENVIRONMENTAL LAW

 The principles expressing the fundaments of a legal order play a very important role
in the creation, development and application of law in general. The principles are
superior to ordinary rules because the rules should be based on these principles.

 International Environmental Law includes different types of principles. They are

1. General principles of law (such as the principle of good faith, etc.);

2. Principles of general international law (such as state sovereignty, duty to cooperate,

etc.); and

3. Principles which only concern international environmental issues (such as duty to

prevent environmental degradation, precautionary principle, polluter pay principle,
etc.)

 The fundamental principles of international environmental law, to be discussed in this

chapter are :

1. State sovereignty

2. Co-operation

3. Preservation and protection of the environment

4. Prevention

5. Precautionary principle

6. The “polluter pays” principle

7. Sustainable Development

8. Intergenerational equity and responsibilities

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9. Common but differentiated responsibilities

10. Information and assistance in environmental emergencies

11. Information and consultation in cross boundary relation

12. Rights of individuals: equality of access to procedures and non discrimination in

environmental matters.

STATE SOVEREIGNTY

 State sovereignty is one of the oldest principles of general international law. It means
that a State has exclusive jurisdiction on its territory. In other terms, the State is the
only authority, which can adopt obligatory legal rules for its territory, has the
executive power and its tribunals are the only ones competent to judge litigation.

 A State territory includes not only land but also inland waters and determined
portions of the sea.

 It also includes the atmosphere above its territory. It is generally accepted space
activities are not under the jurisdiction of the territorial states.

 Principle 21 of the Stockholm declaration proclaims that “states have in accordance

with the charter of the United Nations the principles of international law, the
sovereign right to exploit their own resources pursuant to their own environmental
policies…”

 Principle 2 of the Rio-declaration also uses the same wording, but enlarges its scope
by adding to “environmental policies” “environmental and developmental policies”.
This is in accordance with the purpose of the Rio conference focusing not only on
environment but also on development.

CO-OPERATION

 In the field of environmental protection international co-operation is necessary to

conserve the environment in its totality.

 Co-operation between states for environmental protection appears most often in the
work of international organizations.

 Many environmental problems cannot be solved by the simple adoption of a

regulation; they need ongoing co-operation between the concerned states.

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 Principle 24 of the Stockholm declaration proclaims that “international matters

concerning the protection and improvement of the environment should be handled in
a Co-operation through multilateral or bilateral arrangements or other appropriate
means is essential to effective control, prevent, reduce and eliminate adverse
environmental effects resulting from activities conducted in all spheres, in such a way
that due account is taken of the sovereignty and interest of all states”.

 According to the 1982 World Charter for Nature, states shall co-operate in the
conservation of nature through common activities and other relevant action including
information exchanges and consultations.

 Principle 7 of the Rio declaration proclaims that “states shall co-operate in a spirit of
global partnership to conserve, protect and restore the health and integrity of the
earth’s ecosystem…”

 The Rio Declaration also insists on co-operation to strengthen endogenous capacity

building for sustainable development by improving scientific understanding through
exchange of scientific and technological knowledge, and by enhancing the
development, adaptation, diffusion and transfer of technologies, including new and
innovative technologies (Principle 9).

PRESERVATION AND PROTECTON OF THE ENVIRONMENT

 The principle of preservation and protection of the environment is another essential

basis of International Environment Law. There is no official definition of the term
“protect” and “preserve”.

 Protection can be seen as a general principle, which includes both abstaining from
harmful activities and taking affirmative measures to ensure that environmental
deterioration does not occur.

 Preservation could be considered as including long-time perspective, which take into

account the rights and interests of future generations for whom natural resources
should be safeguarded. The term “conservation” is generally used in the field of
living resources and is based upon the status quo, mainly demanding maintenance of
the conditions necessary for continued resource existence.

PREVENTION

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 “Prevention” must be the golden rule for environmental protection. It is not always
possible to cure environmental injury/damage, the extinction of species of fauna or
flora.

 Even if the damage is reparable, the cost of rehabilitation is often prohibitive. That is
the reason why ‘prevention’ is considered the golden rule for environmental
protection. As a matter of fact, the objective of almost all international environmental
agreements is to prevent environmental deterioration, whether they concern pollution
of the sea, of inland waters, of the atmosphere or the protection of living resources.

PRECATIONARY PRINCIPLE

 The Precautionary Principle is an important innovation of the Rio Declaration.

Principle 15 of the Rio Declaration provides that “in order to protect the environment,
the precautionary principle shall be widely applied by the States according to their
capabilities. Where there are threats of serious or irreversible damage, lake of full
scientific certainty shall not be used as a reason for postponing cost effective
measures to prevent environment degradation”.

THE “POLLUTER PAYS PRINCIPLE”

 This Principle makes the polluter liable to pay compensation and the costs to remedy
the environmental harm caused.

 This Principle is considered to be the most efficient way of allocating costs of

pollution prevention and control measures introduced by the Public Authorities to
encourage rationale use of scarce environmental resources.

 Principle 16 of the Rio Declaration states that “National Authorities should

Endeavour to promote the internalization of environmental cost and the use of
economic instruments, taking into account the approach that the polluter should, in
principle, bear the cost of pollution, with regard to the public interest and without
distorting international trade and investment”.

SUSTAINABLE DEVELOPMENT

 Sustainable Development is now widely accepted as the Primary goal of economic

and social activity. Sustainable Development’s recent widespread popularity began

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with the publication of “Our Common Future” in 1987 (popularity known as

‘Brundtland Report’) by The World Commission on Environment and Development
(WCED).

 Sustainable Development formed the corner stone underlying the Earth Summit and
dominated the Rio Declaration on Environment and Development.

 The Burndtland Report defined sustainable development as “development that meets

the needs of the present without compromising the ability of future generations to
meet their own needs”.

 The UNEP clarified that “sustainable development” implies “progress towards

national and international equity, as well as the maintenance, rational use and
enhancement of the natural resource base that underpins the ecological resilience and
economic growth”.

 Sustainable Development suggests that the primary focus of environmental

protection efforts on the international level should be to improve the human
conditions.

 As stated in Principle 1 to Rio Declaration “Human beings are at the centre of

concerns for sustainable development…”

 Sustainable Development implies the integration of environmental and social

concerns into all aspects of economic policy.

 Principle 4 of the Rio Declaration states that “in order to achieve sustainable
development, environment protection shall constitute and an integral part of the
development process and cannot be considered in isolation from it”.

INTERGENERATIONAL EQUITY AND RESPONSIBILITY

 Sustainable Development as defined in “Our Common Future” is closely associated

with the goal of Intergenerational Equity. Sustainable development recognize each
generation’s responsibility to be fair to the next generation, by leaving an inheritance
of wealth no less than they themselves had inherited. At a minimum, meeting this
goal will require emphasizing the sustainable use of natural resources for subsequent
generations and avoiding any irreversible environmental damage.

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 The concept in intergenerational responsibility has been important since the 1972
Stockholm Conference on the human environment. Principle 1 of the Stockholm
declaration proclaims that “man…. bears a solemn responsibility to protect and
improve the environment for present and future generations”.

 After being repeated in many difference contexts intergenerational responsibility was

reaffirmed at the UN Conference on Environment and Development held at Rio as a
Central component of the shift to sustainable development.

 Principle 3 of the Rio Declaration states that “the right to development must be
fulfilled so as to equitably meet development and environmental needs of present and
future generations.

MULTILATERAL ENVIRONMENTAL AGREEMENTS

INTRODUCTION

 The recent few decades witnessed a remarkable growth in the level of understanding
of the dangers facing the international environment.

 Environmental pollution knows no geographical or political barriers and the problem

of environmental pollution is a global problem.

 Pollution in one state does not only affect the environment of that particular state but
also causes environmental degradation in the neighboring and other states.

 For example, carbon emission in a particular country may cause a hole in the ozone
layer which may affect and global warming, which will affect the mankind as a whole
around the world. The study conducted by UNEP identified the presence of a 3Km
thick blanket of brownish layer of pollution spread over South Asia and most of
tropical Indian Ocean.

 The study points out that “the potent haze laying over the entire Indian Subcontinent
– from Sri Lanka to Afghanistan – has led to some erratic weather, sparking flooding
in Bangladesh, Nepal and north-eastern India, but drought in Pakistan and north-
western India.

THE TRAIL SMELTER CASE 1941 (UNITED STATES Vs CANADA)

 The Trail Smelter Case 1941 (United States vs Canada) decided by the Arbitral
Tribunal is a classic example to prove the point that pollution in one country will
affect the people in the other country. The facts of the case are as follows :

 The Columbia River has its source in Canada and flows past a smelter at Trail,
British Columbia, where zinc and lead are smelted in large quantities.

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 In 1925 and 1927, two stacks of the plant were erected to 409 feet in height and the
smelter increased output resulting in more sulphur dioxide fumes being emitted. The
United States claimed that the added height of the stacks increased the area of damage
in the United States. From 1925 to the end of 1931, damage occurred in the State of
Washington, as a result of the sulphur dioxide emitted from the Trail Smelter. In
1928, the matter was referred to International Joint Commission Which recommended
payment of $350,000 in respect of damage to 1 January 1932. In 1933, the United
States Government made representations to the Canadian Government that existing
conditions were unsatisfactory and that damage was still occurring. The matter was
then referred to an arbitral tribunal to finally decide the matter.

 The Tribunal held that “A State owes at all times a duty to protect other States against
injurious acts by individuals from within its jurisdiction” and decided that “so long as
the present Conditions in the Columbia River Valley prevail, the Trail Smelter shall
be required to refrain from causing any damage, through fumes, in the State of
Washington; the damage herein referred to and its extent being such as would be
recoverable under the decisions of the Courts of the United States in suits between
private individuals”.

NUCLEAR TEST CASE

 In the Nuclear Test Case, Australia and New Zealand sought a declaration from the
International Court of Justice that the French atmospheric nuclear testing causing
atmospheric pollution, was contrary to International Law. But the International Court
of Justice, without considering the impact of nuclear testing on the environment,
decided the case on the basis that subsequent French decision to end such testing was
binding and thus the issue was moot.

 Again, in response to the renewed French nuclear testing in the South Pacific in 1995,
although underground rather than atmospheric, New Zealand requested the
International Court of Justice to review the situation pursuant to the 1974 judgment
and declare that France was acting illegally as being likely to cause the introduction
of radioactive materials into the marine environment and in failing to conduct the
Environment Impact Assessment. While the court referred to ‘the obligation of
states to respect and protect the natural environment’ it declared that the request
had to be dismissed as not falling within the relevant paragraph of the 1974 judgment
permitting a re-examination of the situation since the latter judgment had concerned
atmospheric test alone.

INTERNATIONAL INSTRUMENTS RELATING TO CONSERVATION OF

BIO-DIVERSITY:

Flora and Fauna:

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1. International Convention for protection of birds, 1950

2. International Plant Protection Convention, 1951

3. Convention on wetlands of International importance especially as Waterfowl

Habitat (RAMSAR Convention), 1971

4. Convention for Protection of the World Cultural and Natural Heritage, 1972.

5. Convention on International Trade in Endangered Species (CITES) of Wild Fauna

and Flora, 1973

6. Agreement on Conservation of Polar Bears, 1973

7. Convention on the Conservation of Migratory Species of Wild Animals (BONN

Convention), 1979

8. Non-legally binding authoritative statement of Principles for a Global Consensus

on the Management, Conservation and Sustainable Development of types of forests,
1982

9. World Charter for Nature, 1982

10. Protocol to amend the Convention on the Wetlands of International importance

especially as Waterfowl Habitats, 1982

11. Convention on Biological Diversity, 1992

Deforestation

1. International Tropical Timber Agreement, 1983

2. International Tropical Timber Agreement, 1994

Marine Resources

1. International Convention for the Regulation of Whaling, 1946

2. Agreement concerning interim arrangements relating to Poly metallic nodules of

nodules of the Deep Sea Bed, 1982

3. UN Convention on the Law of Sea (UNCLOS), 1982

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4. Agreement to promote compliance with International Conservation and

Management measures by fishing vessels on the High Seas, 1993

Antarctica and its resources

1. The Antarctic Treaty, 1959

2. Agreed measures for Conservation of Antarctic fauna and flora, 1964

3. Convention for Conservation of Antarctic Seals, 1972

4. Convention on the Conservation on Antarctic Marine Living Resources, 1980

5. Convention on the Regulation on Antarctic Mineral Resource Activities, 1988

6. Protocol on Environmental Protection on the Antarctic Treaty, 1991

INTERNATIONAL INSTRUMENTS RELATING TO PREVENTION OF

POLLUTION

Transboundary Pollution

1. Convention on long range transboundary Air Pollution, 1979

2. Protocol concerning co-operation in combating pollution in cases of emergency, 1981

3. Basel Convention on the control of transboundary movements of hazardous wastes

and their disposal, 1989

4. Bamako Convention on the ban of the import in to Africa and the control of
transboundary movement and management of hazardous wastes within Africa, 1991

5. Convention on Environmental Impact Assessment in Transboundary context, 1991

6. Convention on the Transboundary effect of industrial accidents, 1992

Marine Pollution

1. International Convention on Civil Liability for Oil Pollution Damage, 1969

2. Convention on Prevention of Marine Pollution by dumping of wastes and other matter,

1972

3. Convention for prevention of marine pollution by dumping from Ships and Aircraft,
1972
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4. International Convention for the prevention of pollution from Ships, 1973

5. Protocol relating to the Intervention on the High Seas in cases of pollution by

substances other than oil, 1973

6. Convention for the prevention of marine pollution from land based sources, 1974

7. International Convention on oil pollution preparedness, response and co-operation,

1990.

Ozone Depletion

1. Vienna Convention for the Protection of the Ozone Layer, 1985

2. Protocol on substances that deplete the Ozone Layer (MONTREAL), 1987

3. Adjustment and amendments to the Montreal Protocol on substances that deplete

the Ozone Layer, 1990

4. Amendment to the Montreal Protocol on substances that deplete the Ozone Layer
(Copenhagen), 1992

Desertification

1. United Nation Conference on Desertification (UNCOD), Plan of Action to combat

Desertification and General Assembly Resolution, 1977

2. United Nations Convention to combat Desertification in those countries

experiencing serious drought and/or desertification, particularly in Africa, 1994

Climate Change

1. United Nation Framework Convention on Climate Change, 1992

2. Kyoto Protocol to the United Nations Framework Convention on Climate Change,

1997.

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STOCKHOLM DECLARATION OF THE UNITED NATIONS

CONFERENCE ON HUMAN ENVIRONMENT, 1972

 The United Nations Conference on the Human Environment, proclaimed that :

 The protection and improvement of the human environment is a major issue which
affects the well being of peoples and economic development throughout the world. It
was also proclaimed that, man is both creature and molder of the environment, which
gives him physical sustenance and affords him the opportunity for intellectual, moral,
social and spiritual growth.

 In the long and tortuous evolution of the human race on this planet a stage has been
reached when, through the rapid acceleration of science and technology, man has
acquired the power to transform his environment in countless ways and on an
unprecedented scale. Both aspects of man’s environment, the natural and the man-
made, are essential to his well-being and to the enjoyment of basic human rights –
even the right to life itself.

 It was also proclaimed in the Conference that, since, in the developing countries, most
of the environmental problems are caused by under development; the developing
countries must direct their efforts to development, bearing in mind their priorities and
the need to safeguard and improve the environment. For the same purpose, the
industrialized countries should make efforts to reduce the gap between themselves
and the developing countries.

 The Conference further proclaimed that, defending and improving the human
environment for present and future generations has become an imperative goal for
mankind, a goal to be pursued together with, and in harmony with, the established
and fundamental goals of peace and of world-wide economic and social
development.

 The Conference called upon governments and peoples to exert common efforts for the
preservation and improvement of the human environment, for the benefit of all the
people and for their posterity.

 The UN Conference on the Human Environment held at Stockholm from 5th to 16th
June 1972 considered the need for a common outlook and for common principle to
inspire and guide the peoples of the world in the preservation and enhancement of the
human environment.

 The Stockholm Conference has laid down 26 principles to be followed by the States
for the preservation and improvement of the human environment.

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UNITED NATIONS ENVIRONMENT PROGRAM (UNEP)

 After the UN Conference on Human Environment, 1972 the United Nations

Environment Program (UNEP) was established. UNEP has played a very important
role in the evolution of conventions and instruments in the field of environmental
protection.

 UNEP is based in Nairobi and the Governing Council of UNEP consists of 58

members elected by the UN General Assembly. UNEP has been responsible for the
development of a number of International instruments like the 1985 Vienna
Convention for the protection of the Ozone Layer and the 1987 Montreal Protocol
and the 1992 Convention on Biodiversity.

RIO DECLARATION OF THE UNITED NATIONS CONFERENCE ON

ENVIRONMENT AND DEVELOPMENT, 1992

 In 1992, representatives of over 150 countries assembled in Rio de Janeiro, Brazil, for
the United Nations Conference on Environment and Development (UNCED) what
was popularly known as the Earth Summit.

 The Rio Summit is considered an important milestone in establishing important

linkages between environment and development and in defining the concept of
“sustainable development”. The Rio Declaration set out general principles for
sustainable development, and the Climate Change Treaty, the Convention on
Biodiversity and the framework of principles on conservation and use of forests and
established important steps that needed to be taken to guarantee an environmentally
stable and sustainable planet.

 The United Nations Conference on Environment and Development held at Rio de

Janeiro from 3rd to 4th June 1992 has proclaimed 27 principles.

 The objects of the UN Conference of the Environment and Development are :

1. to establish a new and equitable global partnership through the creation of new
levels of cooperation among states, key sectors of societies and people;

2. to work towards international agreements to respect the interest of all and protect
the integrity of the global environmental and developmental system; and

3. to recognize the integral and interdependent nature of our earth

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PRICNPLE – 3 – The right to development must be fulfilled so as to equitable meet

developmental and environmental needs of present and future generations (Doctrine
of Intergeneration equity).

PRINCIPLE – 4 – In order to achieve sustainable development, environmental

protection shall constitute an integral part of the developmental process (Doctrine of
Sustainable Development).

PRINCIPLE – 15 – In order to protect the environment the precautionary approach

shall be widely applied by the states. Lack of scientific certainty shall not be used as a
reason for postponing cost effective measures to prevent environmental degradation.
(Precautionary Principle)

PRINCIPLE – 16 – National authorities should endeavour to promote the

internalization of environmental costs taking into account the approach that the
polluter should bear the cost of pollution. (Polluter Pay Principle)

AGENDA 21

 Agenda 21 was one of the instruments adopted at the United Nations Conference on
Environment and Development (UNCED) held at Rio de Janeiro in 1992.

 Agenda 21 is a non-binding instrument that presents a set of strategies and detailed

programmes to halt and reverse the effects of environmental degradation and to
promote environmentally sound and sustainable development in all countries.

 The Agenda 21 aims at establishing a global partnership among governments, the

general public, NGOs and other groups for sustainable development.

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

1992

 The states which participated in the United Nations Conference on Environment and
Development held at Rio de Janeiro in 1992 and which were determined to protect the
climate system for present and future generation, signed the convention called the
United Nations Framework Convention on Climate Change (UNFCCC), 1992

 Those States, which acknowledge that change in the earth’s climate and its adverse
effects, are a common concern of human kind and those States which were concerned
that human activities have been substantially increasing the atmospheric

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concentrations of greenhouse gases, and that these increases enhance the natural
greenhouse effect, and that this will result in an additional warming of the earth’s
surface and atmosphere and may adversely natural ecosystems and humankind,
signed this Convention.

KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK

CONVENTION ON CLIMATE CHANGE, 1997

 In 1995 several nations agreed that voluntary reductions in so called greenhouse gases
were not working. The group set a deadline – namely the Kyoto Conference - to
establish legally binding targets for reducing emissions in carbon dioxide, methane
and Nitrous oxide. Therefore a conference was held at Kyoto on climate change on
December 1, 1997 to review the progress made in five years from UNFCCC 1992
and to formulate plans and fix strategies and objectives for the future.

THE JONNESBURG DECLARATION OF THE WORLD SUMMIT ON

SUSTAINABLE DEVELOPMENT, 2002

 The World Summit on Sustainable Development is a coordinated international effort

to translate rhetoric into action for tackling poverty while sustaining environment.
The Summit represents a major leap forward in the development of partnerships with
the UN, Governments, Business and Civil Society coming together.

 At the Summit, the UN Secretary General Mr. Kofi Annan observed that, “the model
of development we are accustomed to have been fruitful for the few, but flawed for
the many. A path to prosperity that ravages the environment and leaves a majority of
humankind behind in squalor will soon prove to be a dead end road for everyone”.

 He hoped that the World Summit on Sustainable Development in Johannesburg

would mark the opening of a new chapter of responsibility, partnerships and
implementation.

 His hopes did not fail because at the end of the summit, the participating countries
happily accepted the responsibility and commitment to Sustainable Development. The
most interesting feature of the World Summit on Sustainable Development is that the
participating countries not only accepted the commitments but also set targets and
prescribed timetables for implementation of the Johannesburg plan.

NEED FOR AN EFFECTIVE INTERNATIONAL INSTITUTIONAL

MECHANISM

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 Devised during the infancy of environmental awareness, when problems were

perceived as largely local, relatively distinct, and subject to technological fixes, the
current international environmental regime is weak, fragmented, lacking in resources
and handicapped by a narrow mandate.

 There is motion, but there is little progress. More than 500 multilateral environmental
treaties are now in existence, more than a dozen international agencies share
environmental responsibilities and yet environmental conditions are not improving
across a number of critical dimensions.

 In spite of the tremendous development of international law, even after thirty two
years after the Stockholm Conference on the Human Environment, the International
Community lacks effective institutional and legal mechanisms to address the global
environmental issues.

UNIT – XXI
REGION SPECIFIC ENVIRONMENTAL PROBLEMS – IN THE
STATE OF TAMIL NADU
SOME IMPORTANT DETAILS ABOUT TAMIL NADU:
Tamil Nadu is situated on the southeastern side of the Indian Peninsula. It is bounded on
the east by the Bay of Bengal, on the south by the Indian Ocean, on the west by the State
of Kerala and Karnataka and on the north by Karnataka and Andhra Pradesh.

Area : 130,058 sq.kms.

Capital : Chennai

Language : Tamil

Districts : 32

Population : 7, 21, 47,030.

Density

(Persons per sq. km) : 555

Literacy : 80.09%

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WATER POLLUTION
Water quality monitoring in Tamil Nadu:

 Pollution of ground water, rivers and lakes in and around towns and cities is caused
mainly by

(a) industrial wastes and

(b) Domestic sewage discharges.

 The Ground Water Division of the Public Works Department and the Hydro
geological Division of Tamil Nadu Water supply and drainage Board of the
Government of Tamil Nadu undertakes the monitoring of ground water quality in
Tamil Nadu.

 The Central and State Pollution Control Boards are monitoring surface as well
as ground water quality under programmes like Monitoring of Indian National
Aquatic Resources (MINARS) and Global Environmental Monitoring System
(GEMS)

Water Pollution Due to Sewage Discharges:

 Discharge of sewage to river or the sea is common practice in towns and cities
located along rivers or on the coast. A survey conducted by the Central Pollution
Control Board (CPCB) in 1988 clearly showed how efficient the class – I and Class –
II towns are in terms of collection and treatment of sewage.

 As per study conducted in 1988 by the Central Pollution Control Board, the sewerage
system in six of the nine cities/towns studied by it, shows that only three have an
underground drainage system-Chennai, Madurai, Coimbatore. The collection of
wastewater is 72.00 mld for Madurai and 68.21 for Coimbatore of which only 41.85
and 10.44 mld is collected respectively.

 The wastewater is discharged into the Cauvery River in Trichirapalli and Noyyal
River (a tributary of Cauvery) in Tiruppur and Coimbatore, Whereas Tuticorin
discharges into the Sea.

 Thanjavur, Madurai and partially Coimbatore use the water for irrigation purposes.
The city of Chennai earlier discharged the wastewater partly into the sea and partly
used it for irrigation but as of today all the wastewater is discharged into the sea.

Water Pollution due to Industrial Discharges:

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 The Central pollution Control Board has classified industries, which could cause a
high degree of pollution ad “Red” industries.

 The study report by Stanly Associates shows that there are altogether 3,226 industries
in the State but wastewater data is available only for 2,115 industries.

 Of these 1522 are small, 388 medium and 205 large scale. The large industries
generate more than 85% (i.e. 5,16,530 cubic meter) of effluents per day, whereas the
small and medium industries generate 10% and 4.5% of effluents per day
respectively.

 An estimated 6,03,890 m3 of effluents are generated by all the 2,115 industries. More
than 36% of the wastewater is generated by four thermal plants (54,846 m 3 per day),
57% of which is discharged untreated.

 Chemical industries contribute more than 11% of discharges (2,101m3) of which

nearly 91% (1,908 m3) is generated by large industries alone. Only 65% of the
wastewater from the large chemical industries is treated.

 Much of the effluent generated by oil refineries, textile, dye, chemical thermal, steel
and spinning industries discharged untreated.

 The same problem exists for medium scale industries like fertilizers, pharmaceuticals,
textiles, and spinning mills.

 Small industries especially electroplating, petrochemicals, textiles, oil refineries,

cements, tanneries, dyes and pharmaceuticals mostly discharge the waste untreated
which is a matter of concern due to the potential damage caused to the environment
by tanneries which is largely small scale production. Industries in the miscellaneous
category more than 25% of total industrial discharges. Seventy percent of these units
are small scale.

 Several industries are located in the three districts of Vellore, Kancheepuram, and
Chennai. Most of these industries do not have waste treatment facilities. Effluents end
up in the land causing pollution of the soil and ground water.

 The Palar river which serve as the drinking water source for many urban areas
including Chennai city is now getting polluted.

 The other basins like Tamiraparani and Cauvery also face similar problem. The
tanneries have caused immense damage to the ground and surface water in the towns
of Vaniyambadi, Erode, Ranipet, Vellore and Dindigul.

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 Karur, Tiruppur, Bhavani and Salem face a similar problem due to the growth of the
textile and sago industries. Chemical and cement units in Cuddalore, Mettur,
Tirunelveli and distilleries and sugar industries in Kancheepuram and South Arcot
districts are identified as potentially pollution causing industries.

 Thermal plants in Chennai, mettur, Tuticorin, Neyveli also fall in this category.
Several mining activities like Magnesite in Salem, Lignite in Neyveli, granite in
North Arcot and quarrying in many parts of the State cause destruction of natural
landscape and topography of the region.

Pollution from Hazardous Industries:

 Under the Environment Protection Act of 1986 the Government of India notified the
Hazardous wastes (Management and Handling) Rules In 1989. Any industry involved
in the storage, handling or disposal of hazardous wastes is required to obtain
authorization of the Tamil Nadu Pollution Control Board.

 The Central Pollution Control Board has identified 232 red and hazardous industries
in the State.

 The District level information shows that a majority of these industries are
concentrated in 4 districts viz., Kancheepuram, Dharmapuri, Vellore and Coimbatore.

 A large number of industries i.e., 153 units generate sludge arising from treatments of
waste water containing heavy metals, toxic, organic, oil emulsions, etc. of the 153
industries, 45 units are yet to get authorization from Tamil Nadu Pollution Control
Board. 42 industrial units generate large quantities of waste in the form of discarded
containers.

 15 units generate cynaide waste and 6 of them have not obtained authorization.

 There are 39 red industries in the five towns of Madurai, Coimbatore, Tiruchirapalli,
Chidambaram and Kodaikanal generating solid, semi-solid and liquid wastes.
Generally a large number of these industries are disposing of the wastes in an
unsatisfactory way which could have potential environmental problems.

 Most of the other units either sell their waste or store it within the premises.

 The largest numbers of industries are located in Chennai Metropolitan area followed
by Coimbattore, Tiruchirapalli and Madurai.

 Slurry, sludge, waste oils, mercury, cadmium, lead, chromium, cyanide and discarded
products contribute a large quantity of waste in Chennai.

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 Hazardous waste in Coimbatore carries waste consisting of lead, chromium, waste oil,
sludge, etc.

 The quantum of waster generated in Madurai is 212.54 tons per year and in
Tiruchirapalli the total waste in the form of sludge is 37 tons per year.

 Liquid waste of 144 kilolitres per year is generated in Coimbatore and 3900 kilolitres
of wastes per year containing lead, chromium and 29.5 kilolitres per year of waste
oils in Tiruchiraplli.

AIR POLLUTION
Air Quality Monitoring :

 The main functions of TNPCB are to improve the quality of air and to prevent,
control and abate air pollution in the State.

 Air Quality Monitoring is undertaken by TNPCB. In Tamil Nadu only in three cities,
Chennai, Coimbatore and Tuticorin are regularly monitored for the Ambient Air
Quality. There are 13 monitoring stations in these three towns.

 Sulphur di-oxide, oxides of Nitrogen, suspended particulate matter and infrequently

carbon mono oxide levels are monitored in these locations.

 Due to increasing vehicular pollution, an ambient air quality survey was conducted in
1995. Test were carried out on 73274 good vehicles. Totally 14553 vehicles emitted
emissions which exceeded the permissible standards.

 Vehicular monitoring programs are being considered for 3 districts viz.,

Kancheepuram, Dindigul and Nilgiris.

 Tiruchirapalli, Salem and Madurai were brought under Air Quality Monitoring
programs, with three locations in each station from 1988-99.

 In the ninth five year plan industrial estates at Tuticorin and SIPCOT – Cuddalore
will be effectively monitored for industrial air emissions.

 The air pollution in an area is influences by the local topography. Sulphur-di-oxide

and suspended particulate matter are result of burning of fossil fuels.

 Industries contribute sulphur-di-oxide and suspended particulate matter emissions.

Vehicles using petrol emit oxides of Nitrogen, carbon-mono-oxide, hydrocarbons and
lead whereas sulphur-di-oxide, oxides of nitrogen and particulate emanate from diesel
vehicles. The pollutants SPM, CO and oxide of Nitrogen can cause adverse health
effect.

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 Despite the limited data on vehicular emissions there is still some indications that
many secondary cities too are affected by vehicular pollution due to congestion or
low road density as in Tiruppur, Kodaikanal, Coimbatore and Madurai.

 In the case of Primary City Chennai it is important to note that large populations
reside in industrial locations as identified by the Pollution Control Board like
Puraswalkam, Kathivlkkam, Thiruvottiyur, Ambathur.

 The pollution levels at these locations are extremely high in comparison to the
standards for residential areas.

 In Chennai total vehicular emissions is 297 tons per day. Carbon mono oxide
emissions are the maximum, much of this is due to four wheelers (154.86 tons per
day) followed by two wheelers (39.06 tons per day).

 The emissions load from diesel driven vehicles is less due to their number.
Hydrocarbon pollution results mostly from petrol driven vehicles.

NOISE POLLUTION
 Various studies on Noise levels show that residential, commercial, industrial and
silence Zones in Thiruchirappalli, Coimbatore, Madurai and Chennai are generally
found to be noisy.

 In Thiruchirapalli commercial areas like the Railway over bridge and Central Bus
Stand recorded very high noise levels of 102 and 100 decibels which exceeded the
permissible levels of 65dBA.

 In Coimbatore too noise levels at all the commercial locations were high. In Madurai
commercial areas had noise levels around 75db. In Chennai silence and commercial
and residential area were noisy both during the day as well as the night time.

COSTAL ENVIRONMENT NEAR URBAN AREAS

 Tamil Nadu has a 1000 km long coast line. Petrochemical, fertilizer and chemical
industries located in the three major coastal towns of Chennai, Cuddalore and
Tuticorin, discharge their wastes into the sea.

 TNPCB has identified 32 coastal stations for regular monitoring of coastal water
quality. Industry and domestic waste water discharges that finally end up in the
coastal water has caused extensive pollution.

 An extensive coastal monitoring progral conducted between 1987 to 1992 by the

Central Pollution Control Board has found high dissolved oxygen at Adyar, high

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nitrate concentration at Adyar (0.01 and 548 micrograms/litre) and Coovum (0,01 and
35.39 micrograms/litre) and high lead leavels at Coovum (70 micrograms/gram of
dry weight).

 Coastal pollution also occurs due to waste being discharged in the rivers. There are
several towns located in the vicinity of rivers like Cauvery, Vaigai, Palar and
Thamirabarani.

 Discharge of untreated domestic and industrial wastewater into the estuaries in

Chennai is quite high.

 A study of the impact of this pollution on fish has shown a reduction in fish species
diversity. Heavy metals like mercury, cadmium, copper, zinc, nickel, lead and iron
were found in the muscle, gill and liver tissues of fish. The consequences of fish
consumption on human health are a matter of concern.

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Faculty Name: M.ARAVIND KUMAR

Signature:

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