Student's Guide for Environmental Law

By Chetan Jadhav

Useful for LL.B, LL.M., CS, CA and MBL. This book a question answer type guide on Indian Environmental Law covering UGC prescribed Syllabus for LL.B. Students in India. It covers all important topics and aspects of Environmental Law in India. The book is written in simple language and tidy format making it easy for readers to understand the same.

• Language: English
• Publisher: Chetan Jadhav
• Release date: Nov 30, 2013
• ISBN: 9781310682704

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STUDENT’S GUIDE FOR ENVIRONMENTAL LAW

Copyright 2013 Chetan T. Jadhav

Published by Chetan T. Jadhav at Smashwords

Smashwords Edition License Notes

This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your enjoyment only, then please return to Smashwords.com or your favorite retailer and purchase your own copy. Thank you for respecting the hard work of this author.

Table of Contents

Acknowledgements

Chapter I POLLUTION IN GENERAL

Environmental Problems & Factors Responsible for pollution

(Pollution, reasons and effects on human life)

Air Pollution

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

Water Pollution

The Water (Prevention and Control) Pollution Act 1974

Noise Pollution

Soil Erosion

Ozone Depletion

Chapter II International Principles of Environmental Law

Trail Smelter Arbitration

Fundamental Principles of International Environmental Law

Sustainable Development

Johannesburg Declaration(Sustainable Development) 2002

Precautionary Principle

Polluter Pays Principle

Public Trust Doctrine

Public Liability Insurance

Principle of absolute liability

Doctrine of Inter-generational Equity

Chapter III International Conventions for Environmental Protection

The Convention on Wetlands(Ramsar)

The Stockholm Conference

World Heritage Convention

United Nations Environment Programme (UNEP)

Convention on Int. Trade in Endangered Species, 1973 (CITES)..

The United Nations Convention on the Law of the Sea (UNCLOS)

The 1987 Montreal Protocol.

Basel Convention..

Convention on Biological Diversity, (CBD) 1992..

Earth Summit 1992.

The United Convention on Climate Change (UNFCCC)

T R I Ps

Multilateral environmental agreements (MEA)

Kyoto Protocol

Cartagena Protocol on Biosafety

The Nagoya Protocol

Chapter IV Policies for Environmental Protection

National Environment Policy 2006

National Green Tribunal (NGT).

National Forest Policy, 1988

Joint Forest Management.

Common property resources

The National Zoo Policy

National Wildlife Action Plan (NWAP)

Chapter V Pollution Control Mechanism in India

Evolution of Pollution Control Mechanism in India..

Central Pollution Control Board (CPCB)

State Pollution Control Board

The Environment (Protection) Act,1986

The Environment (Protection) Rules, 1986

CRZ - Notifications

Land and Land Laws (Land Acquisition Act)

Chapter VI Wildlife and Forest Conservation

The Wildlife Protection Act, 1972

Conservation of forest

The Indian Forest Act 1927(old)

The Forest Conservation Act, 1980

Forest Dwellers (Recognition of Forest Rights) Act, 2006

Chapter VII Bio-Diversity and Waste Management

Bio-diversity and its conservation

Geographical Indications of Goods (Registration & Protection) Act, 1999..

India’s Protection of Plant Varieties and Farmers’ Rights Act, 2001

Benefit Sharing

The Biological Diversity Act, 2002.

The Biological Diversity Rules (2004)

Waste Management

The Bio-Medical Waste (Management and Handling) Rules 1998.

Hazardous Wastes Management and Handling Rules, 2008.

Chapter VIII Environmental and Industry

Consent management

ISO

Environment Audit

Environment Impact Assessment

Public Liabilities Insurance Act 1991

Corporate liability

Chapter IX Common Law and Constitutional Remedies

Concept of Common law

Availability of Judicial Forum

Constitutional Provisions Showing Eco Cocerns

Citizens’ Suit

Important Environmental Case Laws with Criticism

About Adv. Chetan T. Jadhav

Connect with Adv. Chetan T Jadhav

Acknowledgements

This Book is for Indian law students studying environmental Law.

I am highly indebted to Mr. Sharmedndra Choudhary(Legal Manager, TATA Motor) and Mr. Rakesh Meena(Assistant Professor, Delhi University) being my resourceful knowledge partner. Without their assistant this book would not have been completed.

I am highly thankful to Mr. Subhash Chavan for the concept and idea for the book and also organizing meetings between me and the knowledge partners of this book. I am also thankful to ‘smashwords’, who indeed created a great possibility for all those amateurs who are unknown to the world.

Chapter I POLLUTION IN GENERAL

ENVIRONMENTAL PROBLEMS & FACTORS RESPONSIBLE

(Pollution, reasons and effects on human life)

The relationship between human being and his environment has varied from time to time. It has also been varying 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 out 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. 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 needs 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 Mesopotomian 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.

The Ministry of Environment and Forests of Government of India, through their policy resolution on the National Conservation Strategy and the Policy Statement on Environment and Development published in June 1992 points out that the environmental problems in India can be classified into two broad categories: -

1.Those arising as negative effects of the very process of development; and

2.Those arising from conditions of poverty and under-development.

The first category has to do with the impact of efforts to achieve rapid economic growth and development and continuing pressures of demand generated by those sections of society who are economically more advanced and impose great strains on the supply of natural resources. Poorly planned, developmental projects are also often environmentally destructive.

The second category has to do with the impact on the health and integrity of our natural resources (land, soil, water, forests, wildlife, etc.) as a result of poverty and the inadequate availability, for a large section of our population, of the means to fulfil basic human needs (food, fuel, shelter, employment etc.,). Needless to say, the two problems are interrelated.

Population is an important resource for development, yet it is a major source of environmental degradation when it exceeds the threshold limits of the support systems. Unless the relationship between the multiplying population and life support can be stabilized, development programs, however, innovative, are not likely to, yield the desired results. It is possible to expand the ‘carrying capacity’ through technological advances and spatial distribution. But neither of these can support unlimited population growth. Although technological progress will add to the capabilities for sustaining a large number of populations, the need for a vigorous drive for population control can hardly be over emphasized in view of the linkage between poverty, population growth and the environment.

A growth in domesticated animal population has been accompanied by a loss of area under grasslands and pastures. Hardly, 3.5 per cent of our geographical area is under grasslands, while our domesticated animal population numbers nearly 500 million. The livelihood security of majority of our people depends on land and water based occupations such as crop and animal husbandry, forestry and fisheries. Out of total area of India of about 329 million hectares, 175 million hectares of land require special treatment to restore such land to productive and profitable use. The degradation is caused by water and wind erosion (150 million ha), salinity and alkalinity (8 million ha) and river action and other factors (7 million ha).

Our forest wealth is dwindling due to over-grazing, over-exploitation both—for commercial and house-hold needs, encroachments, unsustainable practices including certain practices of shifting cultivation and developmental activities such as roads, buildings, irrigation and power projects. The recorded forest cover in the country is 75.01 million ha which works out to 19.5% of the total geographical area against the broad national goal of 33% for the plain areas and 66% for hilly regions. Even within this area, only 11 % constitute forests with 40% or more of crown cover. According to the State of Forest Report, 1991, the actual forest cover in the country was 64.07 million hectares during 1987-89. The loss of habitat is leading to the extinction of plant, animal and microbial species. According to the Botanical and Zoological Surveys of India, over 1500 plant and animal species are in the endangered category*. The biological impoverishment of the country is a serious threat to sustainable advances in biological productivity. Gene erosion also erodes the prospects for deriving full economic and ecological benefits from recent advances in molecular biology and genetic engineering.

Our unique wetlands, rich in aquatic and bird life, providing food and shelter as also the breeding and spawning ground for the marine and fresh water fishes, are facing problems’of pollution and over-exploitation. The major rivers of the country are also facing problems of pollution and siltation. Our long coastline is under similar stress. Our coastal areas have been severely damaged due to indiscriminate construction near the water line. Coastal vegetation including mangroves and sea grasses is getting denuded. Our mountain ecosystems are under threat of serious degradation. Extensive deforestation leading to the erosion of valuable topsoil is threatening the livelihood security of millions of hill people. Equally serious are the downstream effects of the damage done upstream. Indo-gangetic agriculture, often described as a potential breadbasket in the world, is being damaged beyond repair as a result of soil degradation. Some areas are facing problems of water logging and rising water tables because of poorly planned and ill executed irrigation. In other areas, the water table is receding because of overexploitation of ground water. Furthermore, the quality, of groundwater is being affected due to chemical pollution and in coastal areas, due to the ingress of seawater. The excessive use of fertilizers and pesticides impose threat to human health, to the genetic stocks and reduces the natural soil fertility in the long run. The absence of an integrated land and water use policy for the country is taking a heavy toll on these basic natural assets.

Coral reefs are the most productive marine eco-systems and provide habitat for diverse flora and fauna. These ecosystems are adversely affected by indiscriminate exploitation of coral for production of lime, recreational use and for ornamental trade. Similarly, the fragile environs of island ecosystems have been subjected to pressures of various forms including migration of people from the mainland.

Global atmospheric changes resulting in altered temperature and precipitation and rising ocean levels, are no longer within the realm of mere theoretical possibilities. Combination of local subsidence, greenhouse induced sea-level rise and coastal environmental degradation may lead to periodic floods, incursion of salt water, melting of glaciers and river flooding. Local changes of average rainfall will severely affect agriculture and water supply, especially in semi-arid areas.

Compounding these human-inflicted wounds on natural ecosystems and life- support mechanisms, we are facing serious problems of pollution and unsanitary conditions especially in urban areas. Pollution arising from toxic wastes and non- biodegradable consumer articles is tending to increase.

Lack of opportunities for gainful employment in villages and the ecological stresses is leading to an ever-increasing movement of resource- poor families to towns. Mega cities are emerging and urban slums are expanding. Illiteracy and child labour are persisting. There has been a substantial urban growth in the last four decades. This has resulted in congestion and squatter settlements with millions of people having no access to the basic needs of civic amenities. The green cover in our urban centres has been largely destroyed and once beautiful garden cities have become concrete jungles. The man-made heritage in India has been often gravely and even irrevocably damaged.

A large number of industries and other development projects have been incorrectly sited, leading, on the one hand, to over-congestion and over-pollution in our urban centres and on the other hand, to diversion of population and economic resources from the rural areas. This has also resulted in the pollution of most of our water bodies, which are major constituents of our life support systems. Pollution of water bodies, in turn, has adversely affected the growth of aquatic fauna and flora, which is an environmentally undesirable phenomenon for any ecosystem. The problems of women in villages are compounded in this whole scenario of energy, environmental and developmental imbalance. The incidence of malaria is high in many parts of the country. Safe drinking water is still a luxury in many villages. Liver ailments and gastro-intestinal diseases are common due to unclean drinking water.

It is difficult to clearly delineate the causes and consequences of environmental degradation in terms of simple one-to-one relationships. The causes and effects are often interwoven in complex webs of social, technological and environmental factors. For instance, from a purely scientific and technological standpoint soil erosion would result from the cultivation of marginal lands. However, from the point of view of a comprehensive environmental impact analysis, it is important to go further back and analyse the circumstances that force people to cultivate marginal lands. Viewed in this light, it becomes clear that a concern for the environment is essentially a desire to see that national development proceeds along rational sustainable lines. Environmental conservation is, in fact, the very basis of all development.

The overriding impact of adverse demographic pressures on our resources and ecosystems due to poverty and overpopulation of man and livestock has to be highlighted. Unless there is curb on population growth and even reduction of such populations and a corresponding improvement in land use policies, the current trend of over-exploitation and ecological degradation is not likely to improve.

Thus, we are faced with the need for accelerating the pace of development for alleviation of poverty, which is, to a great extent, responsible for many of our environmental problems. On the other hand, we have to avoid proceeding along paths with environmental costs so high that these activities cannot be sustained. Development has to be sustainable and all round, whether for the poor or the not so poor or for the village folk or for the town people. The development models followed so far need to be reviewed.

AIR POLLUTION

It is estimated that three million people die every year as a result of illness related to the use of tobacco products of which one million people belong to developing countries like India. According to the World Health Organisation (WHO), in the last half century in the developing countries alone smoking has killed more than sixty million people and various tobacco related deaths can rise to a staggering seven million per year. Besides cancer, tobacco smoking is responsible for other fatal diseases. The deleterious impact of smoking was the focus of attention in Murli S Deora v Union of India[AIR 2002 SC 40 ] The petitioner contended that cigarettes contain harmful contents including nicotine, tar, potential carcinogens, carbon monoxide, irritants, asphyxiates and smoke particles which are the causes of many diseases including cancer. He quoted reports from different sources including WHO in order to highlight the fact that millions of people are dying every year as a result of tobacco related illness. Relying on expert studies and reports and examining the objects that induced legislative initiatives, the court realised the gravity of the adverse effect of smoking on smokers and passive smokers, and prohibited smoking in public places. The court issued directions to the Union of India, state governments and the union territories to take effective steps to ensure prohibiting smoking in public places, namely, auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices and public conveyances including railways. 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.

World Health Organization has described Air Pollution as substances put into the air by the activity of mankind into concentration sufficient to cause harmful effects to health, property, crop yield or to interfere with the enjoyment of property.

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 regions. Burning of coal and oil also adds sulphur dioxide to the atmosphere. The automobile 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 inhalers 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.

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

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 death of about 4000 persons by suffocation. In Tamil Nadu, because of burning of used tyres of motor vehicles on Bhogi Day, the smog over Chennai and other parts of Tamil Nadu causes annoyance and a lot of inconvenience to the people.

The study conducted by the UNEP (United Nations Environment Program) identified the presence of a 3 km thick blanket of brownish layer of pollution spread over South Asia and most of tropical Indian Ocean. The scientists who conducted the study named it as the Asian Haze or the Asian Brown Cloud. The Asian Brown Cloud (ABC) consists of ash, acids, sulphates, black carbon, nitrates and suspended particles.

The Report released by UNEP states that, "the haze is the result of forest fires, the burning of agricultural wastes, dramatic increases in the burning of fossil fuels in vehicles, industries and power stations, and emissions from millions of inefficient cookers burning wood, cow dung and other ‘bio-fuels’. According to the report released by the UNEP in August 2002 just before the Johannesburg Summit, the following are some of the possible harmful effects of ABC:

•By slashing the sunlight that reaches the ground by 10 to 15 percent, the choking smog has also altered the region’s climate, cooling the ground while heating the atmosphere;

•The region’s brown haze affects rainfall and farming, and puts hundreds of thousands of people in jeopardy.

•It has a direct effect on human health, causing more respiratory disease.

•There are also global implications, not least because a pollution parcel like this, which stretches three kilometres (two miles) high, can travel halfway round the globe in a week.

•The report’s authors say the reduction in solar energy reaching the Earth’s surface also means less oceanic evaporation of the moisture, which controls summer rainfall.

•They estimate that the haze could be reducing India’s winter rice harvest by up to 10%. And they fear several hundreds of thousands of premature deaths from haze-related respiratory diseases.

•The potent haze lying 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.

•They discovered not only that the smog cut sunlight, heating the atmosphere, but also that it created acid rain, a serious threat to crops and trees, as well as contaminating oceans and hurting agriculture.

But because the lifetime of pollutants is short and they can be rained out, scientists are hopeful that if Asians use more efficient ways of burning fuel, such as better stoves, and cleaner sources of energy, time has not run out.

Accidents involving escape of poisonous gases from industries cause illness and death. The escape of MIC (Methyl Iso Cyanide) from the pesticide plant of Union Carbide Corporation at Bhopal in 1984 resulted in the death of thousands of people. The accident at Chernobyl Atomic Power Plant in Russia in 1986 caused extensive damage to the environment due to the leakage of radioactive materials. Fourteen years after the Chernobyl nuclear accident, crops grown in contaminated land surrounding the former power station show a mutation rate six times higher than normal as studied by researchers. Similar but controversial results have previously been seen in humans and rats.

Air Pollution unlike water or land pollution, has its effect globally. Air Pollution knows no sovereign boundaries or geographical limits. Air Pollution in turn contributes for other pollution like water pollution and land pollution by transferring the pollutants to water and land or oceans by rainfall. Air pollution affects plants and animal organisms as well as human beings. In Urban areas pollution of air by automobile exhausts is so high that one can see people wearing facemasks to protect themselves. The opening of Oxygen Parlours in the City of Chennai and in other metropolitan cities is a standing example for non-availability of pure oxygen even for breathing. Days are not far, when we will be buying oxygen cylinders from the roadside shops just as we buy drinking water now.

WATER POLLUTION

According to scientists at the National Environmental Engineering and Research Institute (NEERI), 70% of the available water in India is polluted. 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 water for drinking and other domestic purposes.

Another important widespread source of water pollution is the disposal of un- treated/half-treated domestic sewage in to the water 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. According to one estimate 2/3rd of all illnesses in India are related to water home diseases such as typhoid, jaundice, cholera, diarrhoea and dysentery .

Water Pollution also occurs owing to use of pesticides and fertilizers for agriculture. Water draining from the fields enters rivers 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 waterbody is choked preventing oxygen from entering. This process is referred to as alga bloom. When the algae die they are 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 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 occurs when raw sewage is released in shallow soak pits or pollutants from 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 and eventually reaching humans through direct ingestion or use of the polluted water. In the coastal areas of our country, ground water pollution due to intrusion of seawater is occurring. Excess withdrawal of ground water through heavy-duty pumps has resulted in the flooding of seawater through the cavities. Once ground water is polluted it cannot be treated. The damage done is irreparable. The effects of pollution may continue for indefinite periods.

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 of 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. In such cases, soil erosion is not obvious, though its effect may be seen in reduced fertility. Soil erosion increases volume of run-off resulting in floods and silting of reservoirs. There is urgent need to prevent soil erosion by adopting soil conservation methods. Afforestation or tree planting is an effective method of soil conservation on hill slopes and other uncultivated lands. Soil conservation methods prevent removal of soil particles and retain its fertility.

Dumping of solid waste also causes Land degradation. Dumping of solid waste from urban centres and waste materials from mining centres and industrial wastes render the land unsuitable for any purpose. The story behind Indian Council for Enviro-Legal Action v. 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 Rajasthan. 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 colour 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.

Saline encrustation of irrigated lands is another example of degradation of land. In semi-arid regions, wind action causes deposition of sand on a large scale over cultivated lands rendering them unfit for cultivation. This marks the beginning of the process of desertification. Deposition of coarse material and sand during high floods may also cause irreparable damage to cultivated land.

DEFORESTATION

India has a total geographical area of 328.8 million hectares, out of which 74.78 million hectares (about 22.7 %) were occupied by forests at the time of Independence. They represented 2.2 per cent of the world’s land area. The National Remote Sensing Agency reported 14.1 per cent of the total land area in India as forests while other studies indicate a still lower value of 10 per cent in 1990.

Many factors are responsible for qualitative and quantitative changes in the forest cover. Apart from the diversion of forestlands for various other uses including cultivation, roads, dams, industries, etc., many other factors like fuel- wood demand and supply gap, overgrazing, encroachment, shifting cultivation, cause degradation and depletion of the forest. Deforestation is defined as the permanent conversion of forests to other uses including pastures, shifting cultivation, agricultural land or other activities. Deforestation is one of the major causes of environmental degradation and depletion of biodiversity. Nature’s balance is disrupted due to loss of biodiversity. Rich biodiversity means more complex food web and more stability. Urgent steps should be taken to check further destruction of forests through proper management and to compensate the loss of forests to some extent through extensive afforestation programs in degraded areas.

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 is 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 of the 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.

Apart from removal of vegetation cover for cultivation and other land uses, humans are also responsible for introduction of new species. Man, to provide food or other raw materials has introduced new species. At the same time Man has also contributed his might for the extinction of certain species.

Similar to the cultivation of selected varieties of crops and trees, we have domesticated certain animals to serve our needs. These domestic animals have increased in numbers as they are protected by man from their predators. We have also introduced new animals, birds, fish, etc., for food, control of pests and other reasons.

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 consumption due to change in lifestyle has contributed towards depletion of 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.

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.

Nations and Scientists should try to introduce new technologies for use of renewable sources of energy. It is always better to be late than never. At least at this point of time something has to be done to save the natural resources. It is not something impossible. All that is required is a will to find a way. Take for example, the railways were contributing their might for destroying forests for the purpose of procuring wood for use as sleepers in the railway tracks until recently. Once all the forests were destroyed they felt that wood will no longer be available and hence now they have switched over to use of reinforced cement concrete sleepers in the railway tracks. If at all the railways would have introduced this technology much earlier, we could have saved much of the forests. Therefore, the need of the hour is some kind of clean technology which will use renewable sources of energy like solar energy, wind power, etc.

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 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 Organisation) 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 man made 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 ol dust, diseases and crime. 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-Medical 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 activities 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 generations.

We know very well that these environmental problems have come to us as an ecological deficit created due to environmentally unsound developmental processes. We have added to this deficit by making uncalled for compromises in environmental matters. We should device ways and means to develop without polluting and causing eco- degeneration or in simple terms to device ways and means to make development sustainable. Equally important is the way we should follow to wipe out our past ecological deficit and to reconcile the apparently contradictory aspects of development and environment. It is always better to light a candle than to curse darkness.

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AIR POLLUTION

The Air (Prevention and Control of Pollution) Act 1981

*.What are the law and policy available in India against air pollution?

Central Enactments

1.Air (Prevention and control of pollution) Act 1981

2.Air (Prevention and Control of Pollution) Act 1982

3.Noise Pollution Control Rules, 2000

4.Ozone Depleting Substance (Regulation And Control) Rules, 2000

5.The Environment Protection Act, 1986

6.Environment Protection Rules, 1986

7.The National Environment Tribunal Act, 1995

8.Motor Vehicles Act, 1988

9.Municipal Solid Wastes (Management And Handling)Rules, 2000

State Enactments

1.Air (Prevention And Control of Pollution) (Union Territories) Rules, 1983

2.Delhi Prohibition of Smoking And Non-Smokers Health Protection Act, 1996

3.2-T Oil (Regulation of Supply And Distribution) Order, 1998. ( Delhi)

4.The Madhya Pradesh Air (Prevention An Control of Pollution) Rules, 1983

5.The Maharashtra Air (Prevention And Control of Pollution) Rules, 1983

6.The Tamil Nadu Air (Prevention And Control of Pollution) Rules, 1983

7.The U.P. Air (Prevention And Control of Pollution) Rules, 1981

8.The West Bengal Air (Prevention And Control of Pollution) Rules, 1983

9.The Andhra Pradesh Air (Control And Prevention of Pollution) Rules, 1983

10. The Gujarat Air (Prevention And Control of Pollution) Rules, 1983

*.How is air pollution defined under the Air Act of 1981?

‘Air pollution’ means the presence in the atmosphere of any air pollutant.

Air pollutant means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.

*.What are the causes and consequences of Air Pollution?

Causes of Air pollution

Natural:- such as, forest fires, ash from smoking volcanoes, dust storm and decay of organic matters.

Man-made:- due to population explosion, deforestation, urbanization and industrializations.

Certain activities of human beings release several pollutants in air, such as carbon monoxide (CO), sulfur dioxide (SO2), hydrocarbons (HC), oxides of nitrogen (NOx), lead, arsenic, asbestos, radioactive matter, and dust

Transportation:- This is the largest of contributor in the air pollution problem specially in the urban areas contributing 45% of the world’s air pollution load. This source includes road vehicles, railways, aircrafts, ships and other combustion engines. The most common air pollutant emitted from the engines are carbon monoxide, unburnt hydrocarbon oxides of nitrogen, oxides of sulphur and inorganic lead andparticulate matters

Industrial and commercial processes: - The fourth main source of air pollution is the emissions from industrial and commercial processes. Almost all the industrial units and power generating stations use combustion of coal, coke, petroleum for generation of heat and power.

Consequences

The increasing concentration of Co2 in the air led to the phenomenon of Green Gas House (GHG) Effect leading to Global Warming

a) It affects respiratory system of living organisms and causes bronchitis, asthma, lung cancer, pneumonia etc. Carbon monoxide (CO) emitted from motor vehicles and cigarette smoke affects the central nervous system.

(b) Due to depletion of ozone layer, UV radiation reaches the earth. UV radiation causes skin cancer, damage to eyes and immune system.

(c) Acid rain is also a result of air pollution. This is caused by presence of oxides of nitrogen and sulfur in the air. These oxides dissolve in rain water to form nitric acid and sulfuric acid respectively. Various monuments, buildings, and statues are damaged due to corrosion by acid present in the rain. The soil also becomes acidic. The cumulative effect is the gradual degradation of soil and a decline in forest and agricultural productivity.

(d) The green house gases, such as carbon dioxide (CO2) and methane (CH4) trap the heat radiated from earth. This leads to an increase in earth’s temperature.

(e) Some toxic metals and pesticides also cause air pollution.

*.What are the objectives of the Air (Prevention and Control of Pollution) Act 1981?

The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. Decisions were 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, includes the preservation of the quality of air and control of air pollution. Therefore it is considered necessary to implement the decisions aforesaid insofar as they relate to the preservation of the quality of air and control of air pollution.

*.What are the functions of Central Board under the Air Act?

The main functions of the Central Board, as specified in Section 16 of the Act, shall be:

To improve the quality of air and to prevent, control or abate air pollution in the country; and in particular, and without prejudice to the generality of the foregoing functions, the Central Board, may

i) Advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution

ii) Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution

iii) Coordinate the activities of the State Boards and resolve disputes among them

iv) Provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution

v) Plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify

vi) Organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution

vii) Collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes, or guides relating to prevention, control or abatement of air pollution

viii) Lay down standards for the quality of air

ix) Collect and disseminate information in respect of matters relating to air pollution

x) Perform such other functions as may be prescribed, under Rules or under an Order.

In addition to the above functions, the Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this Section efficiently, and it may

a) delegate any of its functions under the Act generally or specially to any of the Committees appointed by it; and

b) 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 the Act.

*.What are the functions of the State Boards under the Air Act 1981?

The functions of the State Board, as specified in Section 17, shall be:

a) To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof

b) To advise the State Government on any matter concerning the prevention, control or abatement of air pollution

c) To collect and disseminate information relating to air pollution

d) To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programme relating thereto

e) To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and 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

f) 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

g) To lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, 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

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 emission of air pollutants into the atmosphere from such industrial plants

h) 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

i) 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

j) 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 purposes of the Act.

In addition to the above functions, the State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its above functions efficiently.

*.What is the importance of Sections 19, 20, 21 and 22 of the Air Act?

Section 19. Declaration of air pollution control area:

The Act has provided for measures which are

a) Preventive in nature, in the case of industries to be established

b) In the case of industries already established they are remedial

The primary responsibility of controlling air pollution is on the Board. The very first measure to be adopted in this respect is the declaration of any area or areas within the State as air pollution control area. The sub-section thus provides that the State Government may, after consultation with the State Board, by notification in the Official Gazette, declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of the Act.

As regards power to give instructions for ensuring standards for emission from automobiles, Section 20 of the Act lays down that with a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause(g) of sub-section(1) of Section 17 are complied with the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1988, and such authority shall notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions.

*.What is an Air Pollution Area?

The air act does not specifically define as to what constitutes an air pollution control area but merely provides that an air pollution control area is an area so declared by a state government after consultation with the state board (section 19 of the Air Act).

In an area declared as pollution control area, the State Government can prohibit use of any material or fuel (other than an approved fuel) if it of the opinion that its use is likely to cause air pollution. Though the State Pollution Control Board has the power to enter and inspect any place under section 24 of the Air Act, only persons in pollution control area are bound to render assistance to board.

*.Is noise pollution an Air pollution?

The Air Act treats noise pollution as a form of air pollution. Section 2 of the Air Act defines air pollutant to include 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.

*.What is the maximum punishment for violating the Air Act?

The punishments for violating the provisions of the Air Act are specified in sections 37 to section 39 of the act. Under section 37, penalty for violation of sections 21, 22 and 31A is imprisonment for a term varying between 18 to 72 months and with fine which can be extended to an additional fine of upto Rs.5000 and imprisonment for a term varying between 24 months to 84 months in case of continued non compliance. For offences specified in section 38, the penalty is imprisonment for a period, which may extend to 3 months and/or with fine, which may extend to Rs. 10,000. As far as violation of any other provisions of the act is concerned, section 39 prescribes imprisonment for a period, which may extend to 3 months and/or with fine which, may extend to Rs. 10,000 and with additional fine of upto Rs. 5000 for every day during which such failure continues.

*.What are the effects of smoking?

It is estimated that three million people die every year as a result of illness related to the use of tobacco products of which one million people belong to developing countries like India. According to the World Health Organisation (WHO), in the last half century in the developing countries alone smoking has killed more than sixty million people and various tobacco related deaths can rise to a staggering seven million per year. Besides cancer, tobacco smoking is responsible for other fatal diseases.

The deleterious impact of smoking was the focus of attention in Murli S Deora v Union of India?’1 The petitioner contended that cigarettes contain harmful contents including nicotine, tar, potential carcinogens, carbon monoxide, irritants, asphyxiates and smoke particles which are the causes of many diseases including cancer. He quoted reports from different sources including WHO in order to highlight the fact that millions of people are dying every year as a result of tobacco related illness. Relying on expert studies and reports and examining the objects that induced legislative initiatives, the court realised the gravity of the adverse effect of smoking on smokers and passive smokers, and prohibited smoking in public places. The court issued directions to the Union of India, state governments and the union territories to take effective steps to ensure prohibiting smoking in public places, namely, auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices and public conveyances including railways.

*.Whether smoking is air pollution and whether it is banned in all areas?

Smoking causes air pollution which directly affects passive smokers. Smoking per se is not banned in all areas in India. In this respect a distinction is made between smoking in public areas and smoking in private areas. While there is no law prohibiting smoking in private areas, certain states have passed laws prohibiting smoking in public areas. For instance in the state of Kerela, Rajasthan and Delhi, laws have been passed to this effect.

*.Is air pollution a nuisance under the law of torts?

A person causing air pollution can be prosecuted for causing nuisance under the law of torts as it amounts to unreasonable interference with the right of general public. An actionable nuisance can be public nuisance or private nuisance. Specifically, public nuisance means any injury, annoyance or interference with the quality of life of a class of persons who come within its neighborhood. Private nuisance, on the other hand, is a substantial and unreasonable interference with the use and enjoyment of land.

*.Does a citizen have a right to enforce the provisions of the Air Act?

A citizen has the power to complaint to the Board. Further, the courts can take cognizance of offences when any person who has given appropriate notice to the Board makes a complaint. Additionally as right to clean air is fundamental right, any citizen can approach directly the High Court and the Supreme Court by way of a writ or a Public Interest Litigation to force the authorities to take remedial action.

*.Which is the nodal agency to complaint to in case of air pollution?

The nodal agency to complain to in case of air pollution is the State Pollution Control Board in individual states and Central Pollution Control Board in Union Territories.

*.What are emission norms? Are they different for different sources?

Emission norms are the standards for the quality of air, which is emitted from any source. These standards differ from source to source and are laid down by the State Boards in consultation of the Central Board.

*.Are International Conventions relating to Air applicable in India?

International conventions to which India is a signatory are applicable to India. These include The Stockholm Declaration of 1972, Vienna Convention for the Protection of the Ozone Layer of 1985, Helsinki Declaration on Protection of Ozone Layer of 1985, Montreal Protocol on Substances That Deplete The Ozone Layer of 1987, Rio Declaration on Environment and Development of 1992 and U.N Framework Convention on Climate Change of1994.

*.What restriction does the Air Act impose on private citizens with respect to courts taking offence under the Air Act?

Under this Act: No court shall take cognizance of any offence except on a complaint made by any person who has given notice of not less that sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Board or officer authorised by the Board. 1) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. 2) Where a complaint has been made by any private citizen the Board shall, on demand by such person, make available the relevant reports in its possession to that person. The Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.

*. Is air pollution a criminal offence?

Pollution the atmosphere in violation of the provisions of the Air Act is a criminal offence punishable under section 37 and 39 of the Air Act.

*.What are the penalties for violation of various provisions of the Air Act 1981?

Section 37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31-A: shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. If the failure referred to in sub-section(1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment with a term which shall not be less than two years but which may extend to seven years and with fine.

Section 38. Penalties for certain acts:

Whoever Destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or

Obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or

Damages any works or property belonging to the Board, or

Fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purpose of this Act, or

Fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section(1) of Section 23, or

In giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or

For the purpose of obtaining any consent under Section 21, makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to [ten thousand rupees] or with both.

Section 39. Penalty for contravention of certain provisions of the Act -

Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention continues after conviction for the first such contravention.