1

JAFFER S.S
M.A, (L.L.B)

ENVIRONMENTAL LAW
Q1. Explain the provisions under the water prevention and control of pollution Act
1974.

Water (Prevention & Control of Pollution) Act, 1974 is a comprehensive legislation that
regulates agencies responsible for checking on water pollution and ambit of pollution control
boards both at the centre and states. The Water (Prevention & Control of Pollution) Act, 1974
was adopted by the Indian parliament with the aim of prevention and control of Water
Pollution in India. Some of the important sections regulating the prevention of water pollution
as per the act are as discussed below.

Functions of the State Board

Section 17 of the Water (Prevention & Control of Pollution) Act, 1974 clearly lists all functions
of the respective state boards for countering water pollution. The state board of respective
states is empowered to plan a comprehensive program for the prevention, control or
abatement of pollution of streams and wells, collect and disseminate information relating to
water pollution and encourage, conduct and participate in investigations and research relating
to problems of water pollution and prevention.

The state water boards also have the right to inspect sewage or trade effluents, works and
plants for the treatment of sewage and trade effluents and to review all water purification
plants. The Board may establish or recognize a laboratory or laboratories to enable the Board
to perform its functions under this section efficiently, including the analysis of samples of
water from any stream or well or of samples of any sewage or trade effluents.

Consent of the State Board is necessary to discharge sewage

Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 states that Prior Consent
of the State Board under section 25 is necessary to set up any industry, plant or process which
is likely to discharge sewage or trade effluent into a stream or well or sewer or on land or
bring into use any new or altered outlets for the discharge of sewage or begin to make any
new discharge of sewage. The section further states that every State Board is liable to maintain
a register containing particulars or conditions imposed under the section related to any outlet,
or to any effluent, from any land or premises which must be open to inspection by the state
board.

Power to take emergency measures

Section 32 of the Water (Prevention & Control of Pollution) Act, 1974 describes the power to
take emergency measures in case of pollution of stream or well. Under the act, State Board
may issue orders to re move the matter, which is, or may cause pollution; or remedy or
mitigate the pollution, or issue prohibition orders to the concerned persons from discharging
any poisonous or noxious or polluting matter.

Section 24 and 43 of the Water (Prevention & Control of Pollution) Act, 1974 relate to
prohibition on use of stream or well for disposal of polluting matter and penalty for
contravention thereof Under the scope of the provision, no person shall knowingly cause or
permit any poisonous, noxious or polluting mater as determined by the State Board to enter
into any stream or sewer or on land. Anyone failing to abide by the laws of under is liable for
imprisonment under Section 24 & Section 43 ranging from not less than one year and six
months to six years along with monetary fines. The section further states that No person shall
knowingly cause or permit to enter any other matter which may impede the flow of water of
the stream causing pollution of any kind.

Penalties and fines

Section 42 of the of the Water (Prevention & Control of Pollution) Act, 1974 states penalties
and fines for certain acts including pulling down pillars, Obstructs any person acting under the
orders or direction of the Board, Damages any works or property belonging to the Board and
Failure to furnish any officer other employee of the Board any information required. The fine
and penalty includes Imprisonment for a term which may extend up to three months or with
fine to Rs. 10,000/- or both.
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Understanding Water Class

Depending on the pollution of the water, water is demarked under various water classes in
accordance with the Water (Prevention & Control of Pollution) Act, 1974. Drinking water at
source found without conventional treatment but after disinfection is designated as Class A
while water designated for outdoor bathing comes under Class B. Any drinking water source
which has been conventionally treated comes under Class C while water used for propagation
of wildlife and fisheries is demarked as Class D. Water under Class E is used for irrigation and
industrial cooling along with waste disposal.

Some Key Points of Water Act 1974

➢ Water Act 1974 aims to prevent and control water pollution.
➢ Under Water Act, 1974, pollution control boards were created, who are responsible for
implementation of its provisions.
➢ One of the important provision of the Water Act, 1974 is to maintain and restore the
‘wholesomeness’ of our aquatic resources.
➢ Under Water Act 1974, Sewage or pollutants cannot be discharged into water bodies
including lakes and it is the duty of the state pollution control board to intervene and
stop such activity.
➢ Anyone failing to abide by the laws of under is liable for imprisonment under Section
24 & Section 43 ranging from not less than one year and six months to six years along
with monetary fines.
Leading Case:1 Municipal Council, Ratlam Vs. Varbhichand [AIR 1980 SC1622]
Leading Case:2 Vellore Citizens welfare forum Vs. Union of India [AIR 1996 SC1725]
…………………………………………………………………………………………………………………………………………
Q2. Discuss the salient features of the environment (protection) Act, 1986.

Salient features of the Environment Protection Act:

The most prominent features of the Act are enumerated as follows, Under the Act, the Central
Government is empowered to:-
➢ Take requisite measures to protect and improve the environment.
➢ Coordinate the actions of State governments, authorities, and officers.
➢ Plan as well as execute national programs on the prevention, management, and
abatement of environmental pollution.
➢ Establish quality standards vis-a-vis environment including standards for discharge of
pollutants.
➢ Restrict areas where industries or their processes can or cannot be carried out.
➢ Establish procedures and safeguards to prevent accidents conducive to environmental
pollution.
➢ Establish safeguards for the management of hazardous substances
➢ Examine processes, substances, and materials liable to cause environmental pollution.
➢ Encourage and sponsor research and innovation that relates to environmental
problems.
➢ Inspect premises, plants, or machinery and direct officers or authorities to take
requisite measures to prevent, control, and abate environmental pollution.
➢ It bars the discharge and emission of any environmental pollutant beyond the standard
limits by any person carrying industrial operations.
➢ Stringent penalties have been prescribed for transgressing any provisions of this Act.
➢ Under the Act, the person in charge of a place is obligated to inform the appropriate
authorities of any accidental discharge of pollutants exceeding the specified limits.
Once informed these authorities will take requisite remedial steps to mitigate the
pollution caused and the expenses for the same would be recoverable from the polluter
subject to interest.
➢ The officers empowered by the Central Government can take samples of air, water, soil,
or any other substance from any factory or premises for analysis.
➢ This Act provides for the establishment of environmental laboratories that work to
protect the environment and people from contamination.
➢ The jurisdiction of Civil Courts has been barred under this Act.

Objectives and Purposes of Environment Protection Act

➢ The main objective of this Act is to “provide for the protection and improvement of the
environment and all matter connected with it.”
➢ Most importantly, it aims to implement the decisions reached at the UN Conference on
Human Environment which was held in Stockholm in June 1972, of which India had
also been a participant.
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➢ The previous environment-related laws were all very specific and due to the same, they
left certain gaps. This Act serves the purpose of covering all those gaps left behind by
previous laws by having a general and wider scope.
➢ The Act aims to facilitate effective coordination between the different central and state
authorities indulged in environment protection and preservation, as established by
existing laws.
➢ It aims to confer the Central Government with wide powers to carry out effective
environment protection measures as it sees fit.
➢ It aims to lay down a detailed structure that would provide more stability and clarity on
the environmental laws of the country.
➢ It also aims to provide deterrent punishment to those who endanger the environment,
health, and safety.

Benefits of Environment Law:

1. Protects public health: The Environment Act aims at reducing the emission of
carbon dioxide into the environment. This helps maintain clean and fresh air within the
atmosphere which ultimately contributes towards the better health of society.
2. Maintain legacy for future generation: The Environment Act in India not only
protects the people of the current generation; but it also provides benefits to the people
of the upcoming generation. The Environment Act makes sure that the current
population will serve the future generations.
3. Preserves ecological integrity: Another benefit of the Environment Act in India is
that it empowers communities and protects the environment by taking action against
the polluters and strengthening the ecological balance.
4. Proper waste management: Waste management helps protect the environment and
makes sure that the process of waste management doesn’t interfere with the
environment. The law instructs the industries that they must dispose of waste
materials according to the set standards and procedures.
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Q3. Explain the salient features and purpose of National Environment Tribunal Act,
1995.
Environmental pollution is a serious threat to the survival of the human race and hence the
State is shouldered with the responsibility to eradicate the same by-passing appropriate
legislation and establishing the environmental court. The Stockholm Declaration 1972, also
envisaged the passing of environmental legislation and establishment of special courts by all
States to deal exclusively environmental matters and to speed up the disposal of the
environmental cases. Further, the Supreme Court of India, while delivering its landmark
decisions in environmental pollution cases suggested the establishment of specialised courts
known as “Environmental Court or Green Benches”.

This Environmental Court may be set up in each State and Union Territory with an Appellate
Court at Centre. The environmental court should consist of both legal and environmental
experts in the decision-making process. It has the jurisdiction to decide all cases claiming
compensation for environmental degradation and also to stop impending damage to the
environment. For speedy disposal, the time limit should be prescribed to dispose of the case.
The environmental court should be empowered to issue any order or direction by way of relief
to the victims. Non-compliance by a polluter to such order or direction should be regarded as
an offence punishable with imprisonment or fine or both. The jurisdiction of the Supreme
Court over the environmental court should be allowed to stay under Article 136 of the
Constitution.

In view of increasing threats from the environmental hazards and the urgent need to prevent
the same, the Indian Parliament passed the National Environment Tribunal Act, 1995, which
enables the establishment of National Environment Tribunal at Centre and environmental
court. Secondly, the parliament passed the National Environment Appellate Authority Act,
1997, which provides for the constitution of an “Authority” to hear the grievances pertaining
to environmental pollutions. The third attempt is the passing Of the Public Liability Insurance
Act, 1991. Under this Act, quasi-judicial powers are conferred on the District Collector. He is
empowered to award compensation to the victims of hazardous substances. A brief summary
of the said legislation is enumerated hereunder:

The National Environment Tribunal Act, 1995:- The main object of the Act is to protect the
environment from hazardous and inherently dangerous activities. It aims:
- to provide compensation to the victims of hazardous substances;
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- to provide for national legislation in compliance with the recommendations of the Rio
Summit/Earth Summit (Principle 11); and
- to develop and codify the principle of strict liability in all such cases and to establish a
National Environment Tribunal for effective and speedy disposal of environmental cases and
to pay appropriate compensation to the victims.

Salient Features:-
The Act contains 31 sections covering five chapters and one schedule. The salient features of
the Act are enumerated hereunder:

1. Chapter I- Preliminary:- The Act shall come into force on such date or dates as the
Central Government may by notification fix for different States. Section 2(a), 2(d) and of the
Act define accident, environment and hazardous substance respectively as follows:

Accident:- According to Sec. 2(a), “accident” means “an accident involving a fortuitous
or sudden or unintended occurrence while handling any hazardous substance resulting in
continuous or intermittent or repeated exposure to death of or injury to any person or damage
to any property or environment but does not include an accident by reason only of war or
radioactivity”.

Environment:- According to Sec.2(d) of the Act, “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”

Hazardous Substance:- According to Sec.2(f) of the Act, “hazardous substance” means any
substance or preparation, which is defined as hazardous substance in the Environment
(Protection) Act, 1986, and exceeding such quantity as specified by the Central Government
under the Public Liability Insurance Act. 1991.

2. Compensation:- Chapter-II containing sections 3 to 7 provides for compensation for

the death of or injury to a person and damage to property and environment. According to
Section 3, the owner shall be liable to pay compensation in such cases. Section 4 makes
provision to apply for the compensation. The aggrieved (victim), or legal representative of the
deceased or an authorised agent of the property damaged or any representative body or
organisation recognised in this behalf by the Central Govt. State Govt. or Local Authority under
all or any one of the heads specified in the schedule can make an application for compensation.
Section 5 confers on the Tribunal (National Environment Tribunal) to enquire or summarily
reject the application. The Tribunal need not follow strictly the provision under Civil
Procedure Code, 1968 and may follow the principles of natural justice. The Tribunal under Sec.
6 may issue interim orders/relief. Section 7 empowers the Tribunal to reduce the amount of
relief under certain circumstances.

3. Establishment of Tribunal:- Chapter III containing Sections 8 to 18 deals with the

establishment of Tribunal and Benches thereof. Sec 8 of the Act provides that, the Central Govt.
by notification shall establish a tribunal, known as the “National Environment Tribunal”
exercising powers and jurisdiction under the Act. Section 9 requires that Tribunal shall consist
of a Chairperson and such number of Vice-Chairpersons, Judicial Members and Technical
Members (Environmental Experts) as the Central Govt. may deem fit. Provision is made under
Sec. 9 for the constitution of Benches. The Bench shall consist of one Judicial Member and one
Technical Member (environmental expert).

Section 10 of the Act, qualifications for appointment as Chairperson, Vice- Chairperson and
Member. Section 11 authorises the Vice-Chairperson to act as chairperson in the event of
death, resignation etc. of the Chairperson. Section 12 prescribes/fixes the term of office of the
members as five years from the date on which he assumes office. The member is eligible for re-
appointment for another term of five years. Sec. 13 lays down the procedure for registration
and removal. The Chairperson, Vice-Chairperson or another member may by notice in writing
under his hand addressed to the President, resign his office. Section 14 provides for salaries,
allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and
other members. Section 16 confers on Chairperson financial and administrative powers.
Section 17 makes provision for staff and officers to assist the Tribunal. Section 18 lays down
the procedure for distribution of business amongst the Benches.
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4. Jurisdiction:- Chapter IV containing Sections 19 to 24 deals with the jurisdiction and

proceedings of the Tribunal. Section 19 lays Bar of Jurisdiction. Section 20 empowers the
Tribunal to transfer cases from one bench to another. According to Section 21, the decisions
are to be valid by the majority. Section 22 provides for deposit of amount payable for damage
caused to the environment. The amount shall be credited to the Environmental Relief Fund
created under sub-section 3 of Section 7-A of the Public Liability Insurance Act, 1991.
According to Section 23, the award of the Tribunal shall be executed as a decree of the civil
court. Section 24 makes provision to prefer an appeal to the Supreme Court against the award
of the Tribunal.

5. Miscellaneous Provisions:- Chapter-V containing Sections 25 to 31, lays down

miscellaneous provisions, viz. penal provisions etc. Section 25 deals with penal provisions.
Whoever. failed to comply with the order/award of the Tribunal shall be punishable with
imprisonment, which may extend to three years or with fine which may extend to ten lakh
rupees or with both. According to Section 28, the members and staff of the Tribunal are
deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

The Schedule:- The Schedule of the Act contains the ‘Heads under which compensation for
damage may claim’. Viz. death, disablement etc.
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Q4. Critically analyze the Oleum gas leakage case.
The case MC Mehta Vs. Union of India (AIR 1987), and also popularly known as oleum gas leak
case is one of the landmark judgement of the Indian Judiciary. The case came after the Bhopal
gas disaster which had already acquired everyone’s attention towards the issue of the
environment. This case added more to that issue. The case dealt with the substantial play of
various Fundamental Rights of the people. The case has also laid down a new and important
principle of “Absolute Liability” which has served as a principle of massive importance in
Indian Judiciary.

This case was the result of a writ petition filed by a prominent lawyer M.C Mehta. This petition
was filed against the Shriram Foods and Fertilizers Industries as it was located in one of the
most populous areas of the city and the emissions coming from it are hazardous for the
general public. The main controversy raised in this case was that the firms should be closed or
removed and relocated from the place as it can be dangerous to the people residing nearby.
This issue was in front of a 3 judge bench which ultimately allowed Shriram industries to
function in the Kirti Nagar area of the Delhi subject to certain rules and guidelines which were
laid down and this was the only easy question in front of the court to be decided until the
major concern had risen and changed the course of action. As while this writ petition was
pending in the court, there occurred a leak in the Shriram industrial units on 4th and 6th
December 1985, there was an escape of oleum gas which also led to the death of few. As an
action to this application was further filed by the Delhi Legal Aid & Advice Board and the Delhi
Bar Association for the award of compensation to the persons who had suffered losses on
account of this gas leak. These new applications raised several new issues of great
constitutional importance. Thus the court asked both sides to file their submissions further on
the issues of these new applications for compensation. These applications when heard raised
various substantial questions of law involving interpretations of Article 211 and 322. In this
article, we will deal with those new issues raised under those applications. Let’s proceed.

This case was an aftermath of the Bhopal Gas Tragedy and this case again awakened the
people, that there is a law missing and these environmental issues are too important to be
ignored. This incident reminded every one of the holocaust of Bhopal Tragedy. So before
moving further we need to take a look at the happenings of Bhopal Gas Tragedy.

Bhopal Gas Tragedy

The Bhopal gas tragedy is considered as one of the biggest industrial disasters this world has
faced. This disaster occured in 1984 in the city of Bhopal, Madhya Pradesh. The disaster was a
result of a leak of methyl isocyanate (MIC) which occured in the month of december in a
pesticides manufacturing plant named Union Carbide India Ltd (UCIL). The MIC is considered
as the most hazardous chemical used for industrial purposes. On the night of 2-3 December,
1984, there was a leak of the MIC gas in the plant. This leak had increased and contaminated
the air and when people got exposed to it, they felt various symptoms like coughing, vomiting,
severe eye irritation and suffocation. This led towards the death of thousands of people and
lakhs of people got permanently impaired in one way or another as a result of this disaster.
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The cases were filed against the majority holder UCC which was a US company. These criminal
and civil cases were filed in the US courts. The government of India enacted the Bhopal Gas
tragedy disaster Act to deal with the claims arising out of this tragedy. A certain amount of
some 470 million dollars was granted initially by the UCC as a part of settlement with the
government of India for compensation. This tragedy brought in a havoc and after this attention
was brought on in the need of various laws regulating the environment protection. One such
act was the Environment Protection Act of 19863 and many more came in line over a period of
time.

Contentions from of both the sides

Petitioners after the spillage of the gas demanded a complete disclosure of the industry in the
area and proper remedial measures for the aggrieved.

The respondents argued that the court in this case should not go with these applications of
compensation and other constitutional issues. Respondents argued that the escape of oleum
gas took place after the filing of the writ petition and petitioners should have applied for the
amendment in writ petition and included the compensation part inside it too but no such
amendment was made and hence these other issues of compensation and constitutional
importance cannot be considered.

Issues in the present case

* The scope of Article 32 of the Constitution
The court in this case referred to the judgement of Bandhua Mukti Morcha v. Union of India
in which court held that scope under Article 32 not only includes preventive measures when
Fundamental Rights are under the threat of violation but it also includes remedial measures
when rights are already being violated. This is necessary for the purpose of securing
enforcement of the Fundamental Rights especially when it comes to the involvement of the
rights of poor, underprivileged and disadvantaged section of the society.

* Applicable Rule of Absolute Liability and Ryland v. Fletcher case.

Before discussing this issue and the applicability of the above rules in the present case , let’s
discuss first the principle of Absolute Liability and the principle laid down in Ryland v.
Fletcher.

In Ryland v. Fletcher, the principle of Strict Liability was laid down by the English Court in
the year 1866. This principle states that “any person who keeps any hazardous substances on
his premises will be held responsible if such substances escape the premises and causes any
damage”. But there are certain exceptions to the rule like Act of God, Plaintiff’s fault and third
party’s fault.

The courts in India were reluctant to accept the concept of Strict liability as it was believed
that with the advancement and technological development the involvement of hazardous and
harmful material in the industry has increased manifold and this has posed a greater threat
and in order to not make it easy enough for the industries to take the help of exceptions and
get away easily, the courts decided not to follow any foreign principle and came up with a new
principle in this case. This principle is known as Absolute Liability.

Absolute Liability – The rule is almost as similar as strict liability but there are no exceptions
here. According to this rule, any person involved in inherently dangerous or hazardous
activity, or any harm is caused to anyone because of any accident occurred during carrying out
those activities, the person who carried out those activities would be absolutely liable.

So in this case the court instead of going with the19th century’s principle of strict liability,
decided to come up with the principle of Absolute Liability. The court held that it becomes the
complete responsibility of the industry in this present case to keep a check irrespective of the
company’s claim that it has taken all proper measures and there is no negligence on its part.
The person harmed deserves justice and has Fundamental Rights which should be upheld in
any condition.

* Issue of compensation to be awarded.

At the question of whether the compensation to be awarded or not court just gave a simple
guideline that the magnitude and capacity of the companies will decide the amount and
measure of compensation. The bigger the industry is, the more compensation will be.
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But in the present case the court did not order outrightly to Shriram to give compensation
because the court had not cleared it there that whether it comes within the definition of State
mentioned in Article 12. This question whether it is a part of the State or not will decide how
much the industry can be subjected to the provisions of Article 21.

This was one of the very important questions which was in front of court while the discussions
were going over in this case -The petitioner contended that though Shriram industries does
not directly working under the shadow of state and prima facie seems like a private
corporation because under governments self announced policy it functions independently. But
it was contended that the mode of working of the industry determined by the state and its
actions effects public and environment at large hence it comes under the definition of State
under Article 21. But on the other hand it was argued that such rules which are laid down for
serving as guidelines acts only as police power over the industries and do not necessarily take
away their independence. Such regulations should not convert a private corporation into a
public one. Finally it was affirmed that Shriram was only working under the shadow of the
government and did not become an integral part of the state. Court considered that increasing
the ambit of Article 12 this way would create a discouragement in new and upcoming private
corporations which are very much essential for the development of the nation. But the court
also held that this issue is quite more exhaustive then it seems and there is a need for a lot
more deliberation over it. Hence the court did not deliver any affirmed judgement in that case
regarding this.

Conclusion
The judgement is still considered as one of the major ruling in the field of environmental law
in our country. The judgement took up various new situations and ways of interpretation of
the laws and Fundamental Rights. The stances laid down in this case are still being used by the
court. Hence this case served as landmark ruling in the history of Indian Judiciary.

The case is not all about the rights of people,compensation and economic losses but the case
also brought in front of the entire country the seriousness of environmental issues. The
disasters like this and Bhopal gas tragedy had acted very dangerously for the environment. In
the present world of technological development and industries the threat to the environment
is very expedient. As much this advancement is necessary for the development of the society,
there is an urgent need to focus attention towards environmental problems being posed by
this development. As each passing day we are bringing ourselves closer to the end of the
environment. Environment is a privilege provided to us to everyone residing on this earth and
it is everyone’s human right to enjoy a safe and healthy environment and it is also everybody’s
duty to work for it and contributes towards its betterment.
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Q5. Mention various provisions to protect the wild life through Wild Life Protection
Act.

The Indian Parliament enacted the Wildlife (Protection) Act in 1972, which provides for the
safeguard and protection of the wildlife (flora and fauna) in the country.

Wildlife Protection Act, 1972

This Act provides for the protection of the country’s wild animals, birds, and plant species, in
order to ensure environmental and ecological security. Among other things, the Act lays down
restrictions on hunting many animal species. The Act was last amended in the year 2006. An
Amendment bill was introduced in the Rajya Sabha in 2013 and referred to a Standing
Committee, but it was withdrawn in 2015.

Constitutional Provisions for the Wildlife Act

Article 48A, of the Constitution of India directs the State to protect and improve the
environment and safeguard wildlife and forests. This article was added to the Constitution by
the 42nd Amendment in 1976.

Article 51A, imposes certain fundamental duties for the people of India. One of them is to
protect and improve the natural environment including forests, lakes, rivers, and wildlife and
to have compassion for living creatures.

Salient Features of Wildlife Protection Act

This Act provides for the protection of a listed species of animals, birds, and plants, and also
for the establishment of a network of ecologically-important protected areas in the country.
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➢ The Act provides for the formation of wildlife advisory boards, wildlife wardens,
specifies their powers and duties, etc.
➢ It helped India become a party to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES).
➢ For the first time, a comprehensive list of the endangered wildlife of the country was
prepared.
➢ The Act prohibited the hunting of endangered species.
➢ Scheduled animals are prohibited from being traded as per the Act’s provisions.
➢ The Act provides for licenses for the sale, transfer, and possession of some wildlife
species.
➢ It provides for the establishment of wildlife sanctuaries, national parks, etc.
➢ Its provisions paved the way for the formation of the Central Zoo Authority. This is the
central body responsible for the oversight of zoos in India. It was established in 1992.
➢ The Act created six schedules which gave varying degrees of protection to classes of
flora and fauna.
o Schedule I and Schedule II (Part II) get absolute protection, and offences under
these schedules attract the maximum penalties.
o The schedules also include species that may be hunted.
➢ The National Board for Wildlife was constituted as a statutory organization under the
provisions of this Act.
o This is an advisory board that offers advice to the central government on issues
of wildlife conservation in India.
o It is also the apex body to review and approve all matters related to wildlife,
projects of national parks, sanctuaries, etc.
o The chief function of the Board is to promote the conservation and development
of wildlife and forests.
o It is chaired by the Prime Minister.
➢ The Act also provided for the establishment of the National Tiger Conservation
Authority.
o It is a statutory body of the Ministry of Environment, Forest and Climate Change
with an overall supervisory and coordination part, performing capacities as
given in the Act.
o Its mandate is to strengthen tiger conservation in India.
o It gives statutory authority to Project Tiger which was launched in 1973 and has
put the endangered tiger on a guaranteed path of revival by protecting it from
extinction.

Protected Areas under the Wildlife Protection Act

There are five types of protected areas as provided under the Act. They are described below.
1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and abused wildlife
is allowed to live in peace in their natural environment without any human intervention.”
1. They are naturally-occurring areas where endangered species are protected from
poaching, hunting, and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the sanctuaries.
5. A wildlife sanctuary is declared by the State government by a Notification. Boundaries
can be altered by a Resolution of the State Legislature.
6. Human activities such as timber harvesting, collecting minor forest products, and
private ownership rights are permitted as long as they do not interfere with the animals’ well-
being. Limited human activity is permitted.
7. They are open to the general public. But people are not allowed unescorted. There are
restrictions as to who can enter and/or reside within the limits of the sanctuary. Only public
servants (and his/her family), persons who own immovable property inside, etc. are allowed.
People using the highways which pass through sanctuaries are also allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are permitted inside so that they can study the area and its
inhabitants.
10. The Chief Wildlife Warden (who is the authority to control, manage and maintain all
sanctuaries) may grant permission to persons for entry or residence in the sanctuary for the
study of wildlife, scientific research, photography, the transaction of any lawful business with
persons residing inside, and tourism.
11. Sanctuaries can be upgraded to the status of a ‘National Park’.
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Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); Vedanthangal Bird Sanctuary
in Tamil Nadu (oldest bird sanctuary in India); Dandeli Wildlife Sanctuary (Karnataka).

2. National Parks: “National Parks are the areas that are set by the government to conserve
the natural environment.”
1. A national park has more restrictions as compared to a wildlife sanctuary.
2. National parks can be declared by the State government by Notification. No alteration
of the boundaries of a national park shall be made except on a resolution passed by the State
Legislature.
3. The main objective of a national park is to protect the natural environment of the area
and biodiversity conservation.
4. The landscape, fauna, and flora are present in their natural state in national parks.
5. Their boundaries are fixed and defined.
6. Here, no human activity is allowed.
7. Grazing of livestock and private tenurial rights are not permitted here.
8. Species mentioned in the Schedules of the Wildlife Act are not allowed to be hunted or
captured.
9. No person shall destroy, remove, or exploit any wildlife from a National Park or destroy
or damage the habitat of any wild animal or deprive any wild animal of its habitat within a
national park.
10. They cannot be downgraded to the status of a ‘sanctuary’.
Examples: Bandipur National Park in Karnataka; Hemis National Park in Jammu & Kashmir;
Kaziranga National Park in Assam. See more on List of National Parks in India.

3. Conservation Reserves: The State government may declare an area (particularly those
adjacent to sanctuaries or parks) as conservation reserves after consulting with local
communities.

4. Community Reserves: The State government may declare any private or community land
as a community reserve after consultation with the local community or an individual who has
volunteered to conserve the wildlife.

5. Tiger Reserves: These areas are reserved for the protection and conservation of tigers in
India. They are declared on the recommendations of the National Tiger Conservation
Authority.
........................................................................................................................................................................
Q6. Briefly explain the development of Environmental Laws in India (Ancient to
Modern).

The ancient Indian and Medieval period by analysing ancient human history and how
sustainable development and environmental protection was reflected through the lives and
activities of human beings. The discovery of various documents in the early period builds a
nexus between forests, natural resources and living beings.

Indian texts such as the Arthashastra, Sathapatha Bhramanas, Vedas, Manusmriti, Ramayana,
Mahabharata etc., enable us to understand the concepts of environment conservation and
maintaining forest ecology. The striking city planning and social structure that existed in the
Indus Valley civilisation also indicates the presence of environmental awareness during the
medieval period.

Development of Environmental Legislations in India

At the national level, serious efforts have been made for the improvement and protection of
the environment by incorporating changes in the constitution of India. Our constitution,
originally, did not contain any direct provision regarding the protection of the natural
environment. However, after the United Nations Conference on Human Environment, held in
Stockholm in 1972, the Indian constitution was amended to include protection of the
environment as a constitutional mandate.

The forty second amendment Clause (g) to Article 51Aof the Indian constitution made it a
fundamental duty to protect and improve the natural environment. “It shall to be duty of every
citizen of India to protect and improve the natural environment including forests, lakes, rivers
and wild life and have compassion for living creatures.”
 10

There is a directive, given to the State as one of the Directive Principles of State Policy
regarding the protection and improvement of the environment. Article 48A states “The State
shall endeavour to protect and improve the environment and to safeguard the forests and
wildlife
of the country”.

The department of Environment was established in India in 1980 to ensure a healthy

environment for the country. This later became the Ministry of Environment and Forests in
1985. This Ministry has overall responsibility for administering and enforcing environmental
legislation and policies. The constitutional provisions are backed by a number of legislations –
Acts and rules. Most of our environmental legislations are Acts of the Parliament or the State
Legislatures.

These Acts generally delegate powers to regulatory agencies, to make rules for the purpose of
their implementation. The Environment Protection Act of 1986 (EPA) came into force soon
after the Bhopal Gas Tragedy and is considered umbrella legislation as it fills many lacunae in
the existing legislation. Thereafter, a large number of environmental legislations have been
passed to deal with specific environmental problems. For example, in the recent past, the use
of CNG for public transport vehicles has been made mandatory in Delhi. This has reduced air
pollution in Delhi at that time.

I. Pollution Related Acts:

Among all the components of the environment air and water are necessary to fulfill the basic
survival needs of all organisms. So, to protect them from degradation the following acts have
been passed.

➢ Water Acts
➢ Air Acts
➢ Environment Act

1. The Water (Prevention and Control of Pollution) Act of 1974

The main objective of this act is to provide prevention and control of water pollution and
maintaining or restoring of wholesomeness and purity of water (in the streams or wells or on
land). Some important provisions of this Act are given below:
➢ The Act vests regulatory authority in State Pollution Control Boards and empowers
these Boards to establish and enforce effluent standards for factories discharging
pollutants into water bodies. A Central Pollution Control Board performs the same
functions for Union Territories and formulates policies and coordinates activities of
different State Boards.
➢ The State Pollution Control Boards control sewage and industrial effluent discharges by
approving, rejecting or impose conditions while granting consent to discharge.
➢ The Act grants power to the Board to ensure compliance with the Act by including the
power of entry for examination, testing of equipment and other purposes and power to
take the sample for the purpose of analysis of water from any stream or well or sample
of any sewage or trade effluents.
➢ Prior to its amendment in 1988, enforcement under the Water Act was achieved
through criminal prosecutions initiated by the Boards, and through applications to
magistrates for injunctions to restrain polluters. The 1988 amendment strengthened
the Act‘s implementation the pollution provisions. Board may close a defaulting
industrial plant or withdraw its supply of power or water by an administrative order;
the penalties are more stringent, and a citizen‘s suit provision supports the
enforcement machinery.

2. The Air (Prevention and Control of Pollution)Act of 1981

To implement the decisions taken at the United Nations Conference on the Human
Environment held at Stockholm in June 1972, Parliament enacted the nationwide Air Act.

The main objectives of this Act are to improve the quality of air and to prevent, control and
abate air pollution in the country. Important provisions of this Act are given below:
➢ The Air Act‘s framework is similar to that of the Water Act of 1974. To enable an
integrated approach to environmental problems, the Air Act expanded the authority of
the central and state boards established under the Water Act, to include air pollution
control.
➢ States not having water pollution boards were required to set up air pollution boards.
 11

➢ Under the Air Act, all industries operating within designated air pollution control areas
must obtain “consent”(permit) from the State Boards.
➢ The states are required to prescribe emission standards for industry and automobiles
after consulting the central board and noting its ambient air quality standards.
➢ Act granted power to the Board to ensure compliance with the Act including the power
of entry for examination, testing of equipment and other purposes and power to take
the sample for the purpose of analysis of air or emission from any chimney, fly ash or
dust or any other outlet in such a manner as may be prescribed.
➢ Prior to its amendment in 1987, the Air Act was enforced through mild court
administered penalties on violations. The 1987 amendment strengthened the
enforcement machinery and introduced stiffer penalties. Now, the boards may close
down a defaulting industrial plant or may stop its supply of electricity or water. A board
may also apply to the court to restrain emissions that exceed prescribed limits.

Notably, the 1987 amendment introduced a citizen‘s suit provision into the Air Act and
extended the Act to include noise pollution.

II. Environment Acts

The most important legislation in this category is The Environment (Protection) Act of 1986.
Through this Act Central Government gets full power for the purpose of protecting and
improving the quality of the environment and preventing, controlling and abating pollution.

The Environment (Protection) Act of 1986

In the wake of the Bhopal tragedy, the government of India enacted the Environment
(Protection) Act of 1986. The purpose of the Act is to implement the decisions of the United
Nations Conference on the Human Environment of 1972, in so far as they relate to the
protection and
improvement of the human environment and the prevention of hazards to human beings,
other living creatures, plants and property. The Act is an “umbrella” for legislations designed
to provide a framework for Central Government, coordination of the activities of various
central and state authorities established under previous Acts, such as the Water Act and the
Air Act.

In this Act, main emphasis is given to “Environment”, defined to include water, air, and land
and the inter-relationships which exist among water, air, and land and human beings and
other living creatures, plants, microorganisms, and property. “Environmental pollution” is the
presence of pollutants, defined as any solid, liquid or gaseous substance present in such a
concentration as may be or may tend to be injurious to the environment.

“Hazardous substances‖ include any substance or preparation, which may cause harm to
human beings, other living creatures, plants, microorganisms, property or the environment.

The main provisions of this Act are given below:

Section 3 (1) of the Act empowers the centre to “take all such measures as it deems necessary
or expedient for the purpose of protecting and improving the quality of the environment and
preventing, controlling and abating environmental pollution‖. Specifically, the Central
Government is authorized to set new national standards for the quality of the environment
(ambient standards) as well as standards for controlling emissions and effluent discharges; to
regulate industrial locations, to prescribe procedures for managing hazardous substances; to
establish safeguards preventing accidents, and to collect and dismantle information regarding
environmental pollution.
➢ By virtue of this Act, Central Government has armed itself with considerable powers
which include coordination of action by the state, planning and execution of nationwide
programs, laying down environmental quality standards, especially those governing
emission or discharge of environmental pollutants, placing restriction on the location of
industries and so on.
➢ The coverage of powers includes handling of hazardous substances, prevention of
environmental accidents, an inspection of polluting units, research, the establishment
of laboratories, dissemination of information, etc.
➢ The Environment (Protection)Act was the first environmental legislation to give the
Central Government authority to issue direct orders, included orders to close, prohibit
or regulate any industry, operation or process or to stop or regulate the supply of
electricity, water or any other service to the industry, operation and process. Another
power granted to the Central Government was to ensure compliance with the Act which
 12

included the power of entry for examination, testing of equipment, and other purposes
and power to analyze the sample of air, water, soil or any other substance from any
place.
➢ The Act explicitly prohibits discharges of environmental pollutants in excess of
prescribed regulatory standards. There is also a specific prohibition against handling
hazardous substances except those in compliance with regulatory procedures and
standards. Persons responsible for the discharge of pollutants in excess of prescribed
standards must prevent or mitigate the pollution and must also to report the
governmental authorities.
➢ The Act provides provisions for penalties. Any person who fails to comply with any of
the provisions of the Act or the rules, orders, or directions issued under the Act shall be
punished. For each failure or contravention, the punishment included a prison term of
up to five years or a fine of up to Rs. 1 lakh or both. The Act imposed an additional fine
of up to Rs. 5,000 for every day of a continuing violation. If a failure or contravention
occurs for more than one year after the date of conviction, an offender may be punished
with an imprisonment term, which may be extended to seven years.
➢ The Environment (Protection) Act contains significant innovations for its enforcement,
not contained in any other pollution control legislation at the time of the Act‘s adoption.
Section 19 provides that any person, in addition to authorized government officials,
may file a complaint with a court alleging an offense under the Act. This “Citizens‘ Suit
provision requires that the person has to give notice of not less than 60 days of the
alleged offense of pollution to the Central Government or the competent authority.
Under the Act, the Central Government may, by notification in the office Gazette, make
rules for the enforcement of the Act.

III. BIODIVERSITY RELATED ACTS

India is one of the few countries, which had a forest policy since 1984. To protect forest and
wild life following legislations have been enacted.

1. The Wild Life (Protection) Act of 1972

In 1972, Parliament enacted the Wild Life Act (Protection) Act. The Wild Life Act provides for
state wildlife advisory boards, regulations for hunting wild animals and birds, the
establishment of sanctuaries and national parks, regulations for trade in wild animals, animal
products, and trophies, and judicially imposed penalties for violating the Act. Harming
endangered species listed in Schedule 1 of the Act is prohibited throughout India. Hunting
species, like those requiring special protection (Schedule II), big game (Schedule III), and small
game (Schedule IV), is regulated through licensing. A few species classified as vermin
(Schedule V), may be hunted without restrictions. Wildlife wardens and their staff administer
the act.

An amendment to the Act in 1982, introduced a provision permitting the capture and
transportation of wild animals for the scientific management of animal population.

India is a signatory to the Convention of International Trade in Endangered Species of Fauna

and Flora (CITES 1976). Under this convention, export or import of endangered species and
their products are governed by the conditions and stipulations laid down therein. Indian
government has also started some conservation projects for individual endangered species
like Hungal (1970), Lion (1972), Tiger (1973), Crocodiles (1974), Brown-antlered Deer (1981)
and Elephant (1991-92).

2. The Forest (Conservation) Act of 1980

First Forest Act was enacted in 1927.This is one of the many surviving colonial legislations. It
was enacted to consolidate the law related to forest, the transit of forest produce and the duty
livable on timber and other forest produce. Subsequently, the Forest (Conservation) Act was
promulgated in 1980 to make certain reforms over the preceding Act of 1927.The 1927Act
deals with the four categories of the forests, namely reserved forests, village forests, protected
forests and private forests.

A state may declare forestlands or waste lands as reserved forest and may sell the produce
from these forests. Any unauthorized felling of trees quarrying, grazing and hunting in
reserved forests is punishable with a fine or imprisonment, or both reserved forests assigned
to a village community are called village forests.
 13

The state governments are empowered to designate protected forests and may prohibit the
felling of trees, quarrying, and the removal of forest produce from these forests. The
preservation of protected forests is enforced through rules, licenses, and criminal
prosecutions. Forest officers and their staff administer the Forest Act. Alarmed at India‘s rapid
deforestation and resulting environmental degradation, Centre Government enacted the
Forest (Conservation) Act in1980. Under the provisions of this Act, prior approval of the
Central Government is required for the diversion of forestlands for non-forest purposes. An
Advisory Committee constituted under the Act advises the Centre on these approvals.

3. Biodiversity Act 2000

India‘s richness in biological resources and indigenous knowledge relating to them is well
recognized. One of the major challenges is in adopting an instrument that helps realize the
objectives of equitable benefit sharing enshrined in the Convention. Towards this, legislation
on biodiversity was developed following an extensive consultative process. The legislation
aims at regulating access to biological resources so as to ensure equitable sharing of benefits.

........................................................................................................................................................................
Q7. What are the sources and consequences of ‘AIR POLLUTION’. How can the
pollution control boards regulate the same.

Air pollution refers to any physical, chemical or biological change in the air. It is the
contamination of air by harmful gases, dust and smoke which affects plants, animals and
humans drastically.

There is a certain percentage of gases present in the atmosphere. An increase or decrease in

the composition of these gases is harmful to survival. This imbalance in the gaseous
composition has resulted in an increase in earth’s temperature, which is known as global
warming.

Types of Air Pollutants:

1.Primary Pollutants
The pollutants that directly cause air pollution are known as primary pollutants. Sulphur-
dioxide emitted from factories is a primary pollutant.

2.Secondary Pollutants
The pollutants formed by the intermingling and reaction of primary pollutants are known as
secondary pollutants. Smog, formed by the intermingling of smoke and fog, is a secondary
pollutant.

Causes of Air Pollution:

1. Burning of Fossil Fuels
The combustion of fossil fuels emits a large amount of sulphur dioxide. Carbon monoxide
released by incomplete combustion of fossil fuels also results in air pollution.

2. Automobiles
The gases emitted from vehicles such as jeeps, trucks, cars, buses, etc. pollute the environment.
These are the major sources of greenhouse gases and also result in diseases among
individuals.

3. Agricultural Activities
Ammonia is one of the most hazardous gases emitted during agricultural activities. The
insecticides, pesticides and fertilizers emit harmful chemicals in the atmosphere and
contaminate it.

4. Factories and Industries

Factories and industries are the main source of carbon monoxide, organic compounds,
hydrocarbons and chemicals. These are released into the air, degrading its quality.

5. Mining Activities
In the mining process, the minerals below the earth are extracted using large pieces of
equipment. The dust and chemicals released during the process not only pollute the air, but
also deteriorate the health of the workers and people living in the nearby areas.

6. Domestic Sources
 14

The household cleaning products and paints contain toxic chemicals that are released in the
air. The smell from the newly painted walls is the smell of the chemicals present in the paints.
It not only pollutes the air but also affects breathing.

Effects of Air Pollution

1. Diseases
Air pollution has resulted in several respiratory disorders and heart diseases among humans.
The cases of lung cancer have increased in the last few decades. Children living near polluted
areas are more prone to pneumonia and asthma. Many people die every year due to the direct
or indirect effects of air pollution.

2. Global Warming
Due to the emission of greenhouse gases, there is an imbalance in the gaseous composition of
the air. This has led to an increase in the temperature of the earth. This increase in earth’s
temperature is known as global warming. This has resulted in the melting of glaciers and an
increase in sea levels. Many areas are submerged underwater.

3. Acid Rain

The burning of fossil fuels releases harmful gases such as nitrogen oxides and sulphur oxides
in the air. The water droplets combine with these pollutants, become acidic and fall as acid
rain which damages human, animal and plant life.

4.Ozone Layer Depletion

The release of chlorofluorocarbons, halons, and hydro chlorofluorocarbons in the atmosphere

is the major cause of depletion of the ozone layer. The depleting ozone layer does not prevent
the harmful ultraviolet rays coming from the sun and causes skin diseases and eye problems
among individuals.

5. Effect on Animals
The air pollutants suspend on the water bodies and affect the aquatic life. Pollution also
compels the animals to leave their habitat and shift to a new place. This renders them stray
and has also led to the extinction of a large number of animal species.

Air Pollution Control

Government to prevent and control water and air pollution. It also advises the Governments of
Union Territories on industrial and other sources of water and air pollution.
1. Avoid Using Vehicles
People should avoid using vehicles for shorter distances. Rather, they should prefer public
modes of transport to travel from one place to another. This not only prevents pollution, but
also conserves energy.

2.Energy Conservation
A large number of fossil fuels are burnt to generate electricity. Therefore, do not forget to
switch off the electrical appliances when not in use. Thus, you can save the environment at the
individual level. Use of energy-efficient devices such CFLs also controls pollution to a greater
level.

3. Use of Clean Energy Resources

The use of solar, wind and geothermal energies reduce air pollution at a larger level. Various
countries, including India, have implemented the use of these resources as a step towards a
cleaner environment.
Other air pollution control measures include:
1. By minimizing and reducing the use of fire and fire products.
2. Since industrial emissions are one of the major causes of air pollution, the pollutants
can be controlled or treated at the source itself to reduce its effects. For example, if the
reactions of a certain raw material yield a pollutant, then the raw materials can be
substituted with other less polluting materials.
3. Fuel substitution is another way of controlling air pollution. In many parts of India,
petrol and diesel are being replaced by CNG – Compressed Natural Gas fueled vehicles.
These are mostly adopted by vehicles that aren’t fully operating with ideal emission
engines.
 15

4. Although there are many practices in India, which focus on repairing the quality of air,
most of them are either forgotten or not being enforced properly. There are still a lot of
vehicles on roads which haven’t been tested for vehicle emissions.
5. Another way of controlling air pollution caused by industries is to modify and maintain
existing pieces of equipment so that the emission of pollutants is minimized.
6. Sometimes controlling pollutants at the source is not possible. In that case, we can have
process control equipment to control the pollution.
7. A very effective way of controlling air pollution is by diluting the air pollutants.
8. The last and the best way of reducing the ill effects of air pollution is tree plantation.
Plants and trees reduce a large number of pollutants in the air. Ideally, planting trees in
areas of high pollution levels will be extremely effective.

........................................................................................................................................................................
Q8. Describe the concept of Sustainable Development.
While it may seem that environmental sustainability and sustainable development are one in
the same, there is quite a few ways in which they diverge in their goals. They do have the same
overall goal that of conserving natural resources and creating more energy efficient projects
and practices – but the two groups that are focused on them may find themselves in
disagreement about what the priorities of actions are. Having a better understanding of how
they are different and the same can help you do know how to navigate dealing with both.

The goal of environmental sustainability is to conserve natural resources and to develop

alternate sources of power while reducing pollution and harm to the environment. For
environmental sustainability, the state of the future – as measured in 50, 100 and 1,000 years
is the guiding principle. Many of the projects that are rooted in environmental sustainability
will involve replanting forests, preserving wetlands and protecting natural areas from
resource harvesting. The biggest criticism of environmental sustainability initiatives is that
their priorities can be at odds with the needs of a growing industrialized society.

Sustainable development is the practice of developing land and construction projects in a

manner that reduces their impact on the environment by allowing them to create energy
efficient models of self-sufficiency. This can take the form of installing solar panels or wind
generators on factory sites, using geothermal heating techniques or even participating in cap
and trade agreements. The biggest criticism of sustainable development is that it does not do
enough to conserve the environment in the present and is based on the belief that the harm
done in one area of the world can be counter balanced by creating environmental protections
in the other.
........................................................................................................................................................................
Q9. Describe the Rio Declaration on Environmental Development 1992.
The 1992 Rio Declaration on Environment and Development defines the rights of the people to be
involved in the development of their economies, and the responsibilities of human beings to
safeguard the common environment. The declaration builds upon the basic ideas concerning the
attitudes of individuals and nations towards the environment and development, first identified at the
United Nations Conference on the Human Environment (1972).

The Rio Declaration states that long term economic progress is only ensured if it is linked with the
protection of the environment. If this is to be achieved, then nations must establish a new global
partnership involving governments, their people and the key sectors of society. Together human
society must assemble international agreements that protect the global environment with responsible
development.

There are a number of principles to the Rio Declaration.

➢ People are entitled to a healthy and productive life in harmony with nature.
➢ Development today must not threaten the needs of present and future generations.
➢ Nations have the right to exploit their own resources, but without causing environmental
damage beyond their borders.
➢ Environmental protection shall constitute an integral part of the development process.
➢ Eradicating poverty and reducing disparities in living standards in different parts of the
world are essential if we are to achieve sustainable development whilst meeting the needs of
the majority of the people.
➢ Environmental issues are best handled with the participation of all concerned citizens.
➢ The polluter should, in principle, bear the cost of pollution.
➢ Sustainable development requires better scientific understanding of the problems. Nations
should share knowledge and technologies to achieve the goal of sustainability.
 16

........................................................................................................................................................................
Q10. Give an account of composition, power and function of pollution control board.
The Central Pollution Control Board (CPCB), statutory organisation, was constituted in
September, 1974 under the Water (Prevention and Control of Pollution) Act, 1974. Further,
CPCB was entrusted with the powers and functions under the Air (Prevention and Control of
Pollution) Act, 1981.

Functions of Central Pollution Control Board:-

According to section 16 of the Water (Prevention & Control Pollution) Act, the Central Board
has assigned to discharge its functions, that are stated as below:-

Advise Central Government

The Central Pollution Control Board has to advise the Central Government on preventing and
controlling water pollution.

Co-Ordination with the State Board

Central Pollution Control Board is to co-ordinate Active-Board activities to resolve disputes
among them.

Technical Assistance and Guidance to State Boards

The Central Pollution Control Board has to provide technical assistance and guidance to State
Boards, to carry out investigations and research relating to the problem of water pollution and
prevention, control, or reduction of water pollution.

Various Training Programs

The Central Pollution Control Board is to organize and plan the training programs for persons
engaged or engaged in prevention, control, or reduction of water pollution.

Organizing a Comprehensive Programme

The Central Pollution Control Board is to organize a comprehensive program through mass
media regarding controlling and preventing water pollution.

Functions as State Board

The Central Board can perform such functions of any State Board as may be specified under
section 18(2) of the Water (Prevention & Control of Pollution) Act, i.e., “power to give
directions.” Such directions will bound every State Board in writing as the Central Government
or State Government can provide it.

Publication of Statistical and Technical Data

The Central Pollution Control Board has to collect, compile, publish technical and statistical
relating to water pollution. The measures taken for its effective prevention and control and
also prepare manuals, codes, or guides related to the treatment and disposal of sewage and
trade effluents and disseminate information are also connected.

Laying Down Standard for Stream and Well

The Central Pollution Control Board has to lay down, modify or annul, in consultation with a
State Government concerned the stream’s standards.

Execution of Program at National Level

The Central Pollution Control Board has to plan and cause to be executed by a nationwide
program for the prevention, control, or reduction of water pollution.

Functions of the State Pollution Control Board:

According to section 17 of the Water (Prevention & Control of Pollution) Act, 1974, State
Board has to perform the following functions:

Planning Comprehensive Programs

State Pollution Control Board has to plan a comprehensive program for the prevention,
control, or reduction of pollution of streams and wells in the state and secure its execution.

Advisory functions
The State Pollution Control Board advises the state government on any matter concerning the
prevention, control, or reduction of water pollution.
 17

Dissemination of Information
State Pollution Control Board has to collect and disseminate information relating to water
pollution and the prevention, control, or reduction thereof.

Investigation and research

State Pollution Control Board is to conduct, encourage, and participate in an investigation.
Also, research relating to problems of water pollution and prevention, control or abatement of
water pollution.

Organizing training program

The State Pollution Control Board has to collaborate with the Central Board in organizing the
training of persons engaged in programs related to the prevention, control or abatement of
water pollution and to organize mass education programs relating to that.

Inspection of sewage and trade effluents plants

State Pollution Control Board has to inspect sewage or the trade effluents works and plants to
treat sewage and trade effluents. They are also required to review plans, specifications, or
other data relating to plants set up for the works for the purification, treatment of water, and
the system of the disposal of sewage or trade effluents connected with the grant of any
consent.

Standards for Causing Discharge of Water

NOC Pollution Control Board has to check, modify effluent standards for the sewage and trade
effluents. They need to check the quality of receiving waters resulting from effluents’
discharge and to classify water of the state.

Economic Methods of Treatment of Sewage

State Pollution Control Board has to evolve economical and reliable methods for the treatment
of sewage and trade effluents, with regard to the peculiar conditions of climate, soil, and water
resources in different regions.

Methods Regarding Utilization of Sewage

State Pollution Control Board has to evolve methods of utilization of sewage and suitable trade
effluents in agriculture.

Methods for Disposal of Sewage

State Pollution Control Board has to evolve efficient methods of disposal of sewage and trade
effluents on land, as are necessary on account of the predominant conditions of scant stream
flows that do not provide for a major part of the year, the minimum degree of dilution.

Standards for Treatment of Sewage

State Pollution Control Board has to lay down the standards of sewage treatment and trade
effluents to be discharged into any particular stream. It takes into account the minimum
fairness, weather dilution is available in that stream, and whether the tolerance limits of
pollution permissible in the water of the streams after the discharge of suit effluents.

Advisory Functions
The State Pollution Control Board must advise the state government about the location of any
industry the carrying out of which is likely to pollute a stream or well. Besides the aforesaid
statutory functions. Moreover, the State Board also performs functions as may be prescribed
from time to time or may be entrusted to it by the Central Pollution Control Board or the State
Government.

Powers of Central Pollution Control Board:

The Central Pollution Control Board has the following powers:-

➢ The Central Pollution Control Board has been empowered by Section 18 of the Water
(Prevention & Control of Pollution) Act to give directions to the State Pollution Control
Boards.

➢ The Central Pollution Control Board has the powers to perform any of the functions of a
State Pollution Control Board in case of a non-compliance with the Central Pollution
Control Board’s directions.
 18

➢ The Central Pollution Control Board has been empowered to issue directions under
section 33A of the Water (Prevention & Control of Pollution) Act to direct the
prohibition, closure, or regulation of any operation, industry, or process or regulation
of supply electricity, water or any other service.

Powers of State Pollution Control Board:

The State Pollution Control Board has the powers conferred on it are as follows:

List of Important Cases along with its Interpretation :

* The Supreme Court in M.C.Mehta v. Union of India held that the ternaries’ financial capacity
is not the relevant consideration while requiring them to set up the primary treatment plants.
The industry which cannot set up the primary treatment plant cannot be granted consent by
the State Pollution Control Board to continue its business.

* It was held in Narula Dying and Printing Works v. Union of India that the consent order made
under section 25 (2) of Water (Prevention & Control of Pollution) Act by the State Pollution
Control Board does not entitle the industrial unit to discharge trade effluents into a stream. A
unit must comply with the conditions mentioned in a consent order and install effluent
treatment plants with the consent order’s time.

* The Supreme Court in Andhra Pradesh Pollution Control Board v. M.V. Nayudu stated that
prohibition under section 25 of Water (Prevention & Control of Pollution) Act, extends even to
newly opening industries in the process of being set up. Hence, permission required from a
State Pollution Control Board must be sought when steps are being taken to establish an
industry.
........................................................................................................................................................................
Q11. What are the causes and consequences of water pollution?
Water pollution is an essential element of human living but it is useful only when it unpolluted,
water is formed mixing two molecules of Hydrogen with one molecule of Oxyzen (H 2O) in the
presence of heat energy. Pollution changes the physical, chemical or biological properties of
water. Water is said to be polluted, when it contains any foreign substances in it. When water
is polluted or contaminated, it loses its qualities and becomes unfit for use as it is injurious to
public health for the purposes and use of human beings, agriculture, commercial and for the
health of animals, awuatic life and other living organisms, water pollution is one of the major
problems facing by the mankind all over the world. India is not an exception for water
pollution. In India also most of the rivers and fresh water lakes are polluted by the direct
discharge of Industrial effluents and sewage into them.
Water pollution can be defined as the contamination of water bodies. Water pollution is
caused when water bodies such as rivers, lakes, oceans, groundwater and aquifers get
contaminated with industrial and agricultural effluents.

Sources Of Water Pollution

The key causatives of water pollution in India are:
➢ Urbanization.
➢ Deforestation.
➢ Industrial effluents.
➢ Social and Religious Practices.
➢ Use of Detergents and Fertilizers.
➢ Agricultural run-offs- Use of insecticides and pesticides.
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Water Pollution – A Modern Epidemic

One of the primary causes of water pollution is the contamination of water bodies by toxic
chemicals. As seen in the example mentioned above, the dumped plastic bottles, tins, water
cans and other wastes pollute the water bodies. These result in water pollution, which harms
not just humans, but the whole ecosystem. Toxins drained from these pollutants, travel up to
the food chain and eventually affect humans. In most cases, the outcome is destructive to only
local population and species, but it can have an impact on a global scale too.
Nearly 6 billion kilograms of garbage is dumped every year in the oceans. Apart from
industrial effluents and untreated sewage, other forms of unwanted materials are dumped into
various water bodies. These can range from nuclear waste to oil spills – the latter of which can
render vast areas uninhabitable.

Effects Of Water Pollution

The effect of water pollution depends upon the type of pollutants and its concentration. Also,
the location of water bodies is an important factor to determine the levels of pollution.
➢ Contamination of water stream ways causes reduction in oxygen level.
➢ It causes unaesthetic drinking water through water infections and diseases and serious
health hazards.
➢ It causes damage on aquatic and wild life
➢ It causes damage to property.

Case Laws:
1. Municipal Council, Ratlam Vs Varbhichand (AIR 1980 SC 1622)

2. Vellore citizens welare forms Vs. Union of India (AIR 1996 SC 2715)
……………..........................................................................................................................................................................
Q12. Discuss how public interest litigation has resulted in increasing environmental
litigation as well as environmental protection?

According to Indian law, PIL means a mode of litigation which is carried out for protection of
public interest. This type of litigation is introduced in a court of law, where the court itself
takes cognizance or by any other private party and not by the aggrieved party. It is not
necessary, for the exercise of the court's jurisdiction, that the victim whose rights are violated
should personally approach the court. Public Interest Litigation is the power which has been
given to the public by courts through judicial activism.These cases takes place when the victim
is devoid of necessary resources to initiate litigation or his freedom has been subdued or
infringed to move to the court. The court is empowered to take cognizance of the matter itself
and can proceed by suo moto or cases can also be commenced by the petition filed by any
public-spirited individual.

The definition of Public interest litigation is not mentioned in any statute or in any act. It has
been interpreted by judges to consider the intent of public at large. However, the principal
purpose of such litigation is exclusively "Public Interest". There are diverse areas where a
Public interest litigation can be filed. For e.g.
1) When basic human rights of a poor person is violated.
2) To question contents or conduct of any government policy.
3) To compel municipal authorities to perform a public duty.
4) When religious rights or other basic fundamental rights are violated.

IMPORTANCE OF PIL
Public interest litigation provides a wider interpretation to the right to equality, life and
personality which is guaranteed under part III of the Constitution of India. It has also
introduced some types of reliefs or remedies under the writ jurisdiction. It also functions as an
effective instrument to bring changes in the society or social welfare. Through public interest
litigation, any public or person can seek remedy on behalf of the oppressed class by
introducing a PIL.

The Indian judiciary adopted the technique of public interest litigation for the cause of
environmental protection in many cases. The Supreme Court & High Courts shaded the
inhibitions against refusing strangers to present the petitions on behalf of poor and ignorant
individuals. The basic ideology behind adopting PIL is that access to justice ought not to be
denied to the needy for the lack of knowledge or finances. In PIL a public spirited individual or
organization can maintain petition on behalf of poor & ignorant individuals.
 20

In the area of environmental protection, PIL has proved to be an effective tool. In Rural
Litigation and Entitlement Kendra vs. State of U.P the Supreme Court prohibited continuance of
mining operations terming it to be adversely affecting the environment.

In Indian Council for Enviro-Legal Action vs. Union of India the Supreme Court cautioned
the industries discharging inherently dangerous Oleum and H acid. The court held that such
type of pollution infringes right to wholesome environment and ultimately right to life.

In another case M.C. Mehta vs. Union of India the Supreme Court held that air pollution in
Delhi caused by vehicular emissions violates right to life under Art. 21 and directed all
commercial vehicles operating in Delhi to switch to CNG fuel mode for safeguarding health of
the people.

Shriram Food and Fertilizers Industry a subsidiary of Delhi Cloth Mills Limited was producing
caustic and chlorine. On December 4th and 6th 1985, a major leakage of petroleum gas took
place from one of the units of Shriram Food and Fertilizers Limited in the heart of the capital
city of Delhi which resulted in the death of several persons that one advocate practicing in the
Tis Hazari Courts died.

The leakage was caused by a series of mechanical and human errors. This leakage resulted
from the bursting of the tank containing oleum gas as a result of the collapse of the structure
on which it was mounted and it created a scare amongst the people residing in that area.
Hardly had the people got out of the shock of this disaster when, within two days, another
leakage, though this time a minor one took place as a result of escape of oleum gas from the
joints of a pipe.

Shriram Foods and Fertilizer Industries had several units engaged in the manufacture of
caustic soda, chlorine, hydrochloric acid, stable bleaching powder, super phosphate, vanaspati,
soap, sulphuric acid, alum anhydrous sodium sulphate, high test hypochlorite and active earth.
All units were set up in a single complex situated in approximately 76 acres and they are
surrounded by thickly populated colonies such as Punjabi Bagh, West Patel Nagar, Karampura,
Ashok Vihar, Tri Nagar and Shastri Nagar and within a radius of 3 kilometres from this
complex there is population of approximately 2, 00,000.

On 6th December, 1985 by the District Magistrate, Delhi under Section 133(1) of Cr.P.C,
directed Shriram that within two days Shriram should cease carrying on the occupation of
manufacturing and processing hazardous and lethal chemicals and gases including chlorine,
oleum, super-chlorine, phosphate, etc at their establishment in Delhi and within 7 days to
remove such chemicals and gases from Delhi. At this juncture M.C.Mehta moved to the
Supreme Court to claim compensation by filing a PIL for the losses caused and pleaded that the
closed establishment should not be allowed to restart.

In Bangalore medical trust Vs. B.S Muddappa and others [(1991) 4 SCC 54]
Brief facts of the case: In Bangalore city, a site near the Sankey’s Tank in Rajmahal Vilas
Extension was reserved for public park under the provisions of the city of Bengalore
Improvement Act, 1945. In the year 1976, an association made an application and requested
the government to allot the site for the construction of Hospital. The State Government
allotted it for the construction of Hospital. The residence of locality filed a writ petition and
contended that the said site was reserved for a public pard or play ground only with a view to
protect and preserce, the environment in the said locality. They also contended that if a
hospital is constructed in the said site, it would effect on ventilation and recreation and hence
the order of the government was contraty to the provisions of the Act and the scheme there
under.
Decision: The SC treated that writ petition as public interest litigation under Article 32 of the
Constitution and held that the order of the State Government is ULTRA VIRES and contrary to
the provisions of the Act.
The Court further held that public interest in reservation and preservation of open spaces for
parks and play grounds sacrificed cannot be sacrified by leasing or selling such site to private
persons.

In landmark case Vellore Citizens' Welfare Forum vs. Union of India the Supreme Court
allowed standing to a public spirited social organization for protecting the health of residents
of Vellore. In this case the tanneries situated around river Palar in Vellore (T.N.) were found
discharging toxic chemicals in the river, thereby jeopardising the health of the residents. The
 21

Court asked the tanneries to close their business.

Conclusion:
In this manner, our judiciary has used the tool of PIL quite effectively for the cause of
environmental protection. But the judiciary has shown wisdom in denying false petitions
seeking to advance private interests through PIL as evident from the decision of the Supreme
Court in Subhash Kumar vs. State of Bihar Hence, PIL has proved to be a great weapon in the
hands of higher courts for protection of environment & our judiciary has certainly utilized this
weapon of PIL in best possible manner.

Jaffer ss (ex-army)
Student of Sri prasunna law college, Kurnool
3years llb. (2019-2022)