Environmental-Law-Notes 6th sem and helpfull for judicial preparation. PDF

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POLLUTION: CAUSES AND KINDSWhat is environmental pollution? Explain the causes and factors ofenvironmental pollution. [16] Dec 08, 07, 05, Dec 05, 04, 03, Dec 02What is ‘Environment’? Explain the various sources of environmental pollution.[16] 09, Dec 07, Dec 03, 02“The main cause of environmental d...

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ENVIRONMENTAL L AW

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POLLUTION : CAUSES AND KINDS What is environmental pollution? Explain the causes and factors of environmental pollution. [16] Dec 08, 07, 05, Dec 05, 04, 03, Dec 02 What is ‘Environment’? Explain the various sources of environmental pollution. [16] 09, Dec 07, Dec 03, 02 “The main cause of environmental degradation is human activity.” Discuss the above statement, explaining the term ‘Environment’ and causes of environmental problems. [16] Dec 03

Introduction: ‘Man is both creator and moulder of his environment, which gives him physical sustenance and affords him the opportunity of intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet, a stage has been reached when, through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale.’ Thus, the natural environment, i.e. air, water, land, trees, plants, animals, micro-organisms, rivers, lakes, mountains, etc., is adversely affected by man-made environment, by scientific and technological advancements through various inventions and discoveries. Industries, particularly chemical industries, development in the field of atomic energy, concrete jungles, excessive use of fossil fuel and rise in quality and standard of life resulting in exponential growth of population has badly affected the natural environment. Now, a point has been reached in history when we must shape our actions throughout the world with a more prudent care for their environmental consequences. Through ignorance and indifference we can do massive and irreversible harm to the earthly environment on which our life and well-being depend. To defend and improve the human environment for present and future generations has become an imperative goal for mankind - a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and of worldwide economic and social development.

Meaning and Definition The environment is everything that surrounds us. It is the surrounding conditions, influences, or forces, by which living forms are influenced and modified in their growth and development. The presence of offensive, but not necessarily infectious, matter in the environment is called Environmental Pollution. For example, pollution may be by

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ENVIRONMENTAL L AW specific organic or inorganic chemicals, by physical agents such as dust, volcanic fallout, smoke, automobile fumes, radioactive material and animal feces and urine.

Causes of pollution and environmental degradation are of two types: 1. Natural causes 2. Man-made causes

Natural Causes Drought, flood, cyclone, earthquake, molten lava of volcano, hurricane, twister, torrents, epidemic are the main natural causes / factors which cause environmental pollution. Since they are agents of nature and man has no control over them, they are known as natural causes. Man-Made Causes There are four main man-made causes: 1. Population growth 2. Poverty 3. Urbanization 4. Industrialization Population Growth ‘The Earth is finite and world population is infinite’. Every new face consumes lots of natural and non-natural products, which are also ultimately provided after exploiting natural resources. Thus, every birth increases the consumption of natural resources. But it is true that ‘a finite world can support only a finite population.’ In other words natural resources shrink as people multiply. The world’s population has grown almost fivefold from 1.17 billion to 5.1 billion in this century.

The rise in urban population is at a very high rate. This indicates an increasing demand for fuel, food, water, pollution - free air, space to live in and healthy conditions of life. Increasing population of urban areas has created the problem of land pollution, air pollution, water pollution, unsanitary conditions, slums - all cumulatively adversely affecting the quality of life. This is why Kolkata and Delhi are rated as ‘choked cities’. The Supreme Court had to order shifting of polluting industries from Delhi and not to ply vehicles which are more than 15 years old. Continuous rise in population has enhanced the density of population in various areas which has also created various social, physical and psychological problems for the people. Space required for the population has also resulted in deforestation and disappearance of vegetation cover, which is only 13% of the total area against 33% which is very essential. Increasing population also results in poverty which is also a cause of pollution. Daily increase in population means more coal, diesel, petrol to burn, more iron and other metals for daily use, more means of transportation creating air pollution, more clothes to put on

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ENVIRONMENTAL L AW which also use up natural resources, more furniture and paper to use which in turn result in cutting of more space for trees, more space to live in, more water to drink and for agricultural purposes. As a matter of fact increased population of India has caused housing problems, shortage of food and transportation, unsanitary conditions, loss of nutritious food. All this cumulatively affects the quality of life which is implicit in the Right to Life in Article 21 of the Indian Constitution. Thus, all this makes an impact on the human environment. For example, if we want to increase food production, pesticides will be used which may yield more production but cause chemical pollution of land, water and air and hazardous waste. Disappearance of vegetation cover has also reduced the animal kingdom. It is also to be noted that ‘sustainable development is closely linked to the dynamics of population growth’.

Poverty Poverty contributes equally to both population growth and environmental pollution. ‘Poverty’ has been defined as ‘the inability of an individual or household to attain a minimal standard of living.’ The poor usually have low life expectancy, high infant mortality, higher incidence of disablement and higher consumption of natural resources in the form of food, fodder and fuel. Unhygienic and unsanitary conditions are another by-product of poverty affecting human health. Poverty reduces people’s capacity to use resources in a sustainable manner, it intensifies pressure on the environment.

Sadly, the impoverishment of the poor is accompanied by simultaneous and systematic erosion of the basic means of their subsistence, the environment, with its life-supporting natural resources-land, water and forest. It has now aptly been observed that we need no magnifying glasses to see how inextricably the poor and poverty are linked to the environment. Planned and unbridled destruction of forests has affected the poor, nomadic groups and tribes in forests and who fulfill their fundamental needs from the forest and its products. Thus, if trees disappear, rains will be scarce, water resources will dry up, water table would go down-food, fodder, fuel will not be available, and, lastly, destruction of vegetation means increased chances of drought and dry season. It may be slow but definite destruction of human environment, because poor in rural areas totally depend upon forests and their products.

In urban areas, problems of slums, pavement dwelling, unsanitary conditions, commotion, shortage of food, increased demand of coal, firewood and kerosene, shelter and energy are intimately connected with poverty leading to environmental degradation and human health problems. Therefore, the need of the times is some strategy including legal strategy to contain the problem of poverty and to have sustainable development and healthy environment. In the case of Olga Tellis v. Bombay Municipal Corpn., the Supreme Court observed that before pavement dwellers and slum dwellers are evicted they must be provided alternative sites with basic amenities like water, community latrines, paved streets and lighting as to guarantee wholesome environment under the expanded horizon of the right to life.

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Urbanization Rapid and unplanned urbanization had also contributed to environmental pollution and degradation of human environment. This is the result of rapid population growth and unending migration of the poor from small towns and villages to urban centres. Now more than one-fifth population of the nation lives in urban areas. Therefore, urban population of metropolitan cities is increasing day by day. Slums are a major problem of big cities and significant contributors to environmental degradation.

The case of L.K. Koolwal v. State of Rajasthan highlighted the insanitary condition prevailing in Jaipur. The Court gave six months time to clean up the city as it was the primary, mandatory and obligatory duty of the Municipality to clean the city and remove filth. The plea of poor finance and paucity of staff cannot be the reason for non-performance of the statutory duty. It was observed by the Court that keeping the city unclean and non-removal of filth amounts to violation of Right to Life under Article 21 as it amounts to slow poisoning and reducing the life of the citizen because of the hazard created. Industrialization Industry is the axis to gear up the economy of a modern society - known as the indispensable motor of growth and development. On the other side, it has been identified as a major source of environmental degradation and pollution. Therefore, ‘development without destruction’ and ‘sustainable development’ are the crying needs of the day.

‘The problem we face is how to strike a balance between the benefits of rising standard of living, and its cost in terms of deterioration of the physical environment and quality of life. In the past the danger of polluting air, water and wind was not fully recognized, but now there is no doubt that it is a matter of great concern.’

The famous Minamata disease in Japan (1956), the Bhopal Gas Tragedy (1984), the Hiroshima bombing of 1945 have all shown that industrialization has posed a serious threat not only to human beings but also to animals, aquatic life and vegetation cover. On one hand industrialization has helped us to raise the standard and quality of life, on the other it has deteriorated the environment. Thus, pollutants enter the environment through human activity. Acid Rain is one of the worst possible forms of pollution which is a result of industrialization. Industries degrade the environment and pollute it in the following ways: 1. Use of natural resources by industries destroys nature and affects the natural environment. The great demand and need of industries has resulted in overexploitation and stress on natural resources. 2. Residues of industries known as effluents are released in water and land without any treatment which pollutes the water and land, affecting the aquatic life and underground water. 3. Fossil fuel used by industries like coal, kerosene, diesel and atomic energy also pollutes the air in the form of smoke and radioactive particles.

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4. Noise, also a major by-product of industries and industrial products, causes noise pollution. 5. Industrial wastes - particularly hazardous waste and radioactive waste have also become a major environmental pollution problem. Thus, industrial activity produces four kinds of stresses on the environment. •

entrophic,

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exploitative,

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disruptive substance

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hazardous material, like lead, mercury, chromium, cadmium, and others.

The use of CFC (Chlorofluorocarbon) by industries and industrial products has also caused global warming and depletion of ozone layer. All this cumulatively polluted the environment to a dangerous level.

Conclusion

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THE INDIAN CONSTITUTION AND ENVIRONMENT PROTECTION Examine the constitutional obligations to protect the environment with reference to cases. [16] 07, Dec 06, Dec 05, 03, Dec 03 Discuss the various constitutional provisions relating to environmental protection with reference to cases. [16] 08 ‘Right to wholesome environment is a fundamental right.’ Discuss with reference to decided cases. [16] Dec 07, 06, 04, Dec 03, 02, 01 Discuss the role of the Indian Judiciary in protection of environment. [16] 06, Dec 03 Explain in brief international commitments of India in the matter of protection of environment. [16] Dec 03 Describe the duties of State and Citizen towards Environment. [4] 01

Introduction: The Constitution is known as the ‘basic law of the land’ from which all other laws derive their sanctity or validity. Therefore, it must be ‘a living and growing law, meaning it must be able to cope with the newer situations and development. That is why, as and when it is felt that a special situation has arisen and the present constitutional provisions are not adequate and cannot deal with the new development effectively, they are amended by Parliament from time to time. The then Prime Minister of India, Mrs Indira Gandhi, was the first head of State to address the first International Conference on Human Environment at Stockholm in 1972, and voiced deep concern about the degradation of the environment and eco-imbalances. She also emphasized that pollution, population and poverty are interrelated problems and there must be an integrated approach to deal with them. India was also one of the signatories of the Stockholm Declaration which is known as the Magna Carta on Human Environment. Therefore, to fulfill its promise made at the Stockholm Conference, the Indian Parliament passed the forty-second amendment to the Constitution in 1976 and incorporated specially two

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ENVIRONMENTAL L AW Articles relating to protection and improvement of the environment. Thus, India became the first country in the world to have provisions on the environment in the Constitution.

Constitutional and International Obligations The Constitution of India, under Chapter XI, provided for legislative relations between the Centre and State Governments. It provides a scheme under which the Centre and the States can make laws on the items provided in the Union List and State List attached with the Seventh Schedule. Article 253 of the Constitution empowers Parliament to legislate on any matter for implementing the international obligations and decisions taken at the international conference, association or other body's meeting. Under Article 253, implementing the decisions of the Stockholm Conference of 1972, which was an international conference, was within the competence of the Parliament and accordingly Parliament passed many laws, viz. the Water (Prevention and Control of Pollution) Act, 1974, the Water (Prevention and Control of Pollution) Cess Act, 1977 and the Air (Prevention and Control of Pollution) Act, 1981. The Environment (Protection) Act of 1986 has also been passed to implement decisions arrived at the International Conference at Stockholm (1972) to preserve natural resources. Thus, inclusion of Articles 48-A and 51-A(g) relating to environment was a reassertion of the powers of Parliament provided under Article 253. Thus, in a way it was an implementation of the international obligation of the country as per the decisions taken at the Stockholm Conference of 1972. It is to be noted that this power of the Indian Parliament has never been disputed. Moreover, it is an enabling provision for the Parliament to legislate on the various aspects of environmental laws.

List III (Concurrent List) of Schedule VII also provides power to the Indian Parliament on various aspects related to the environment. This list includes subjects like forests, protection of wildlife, mines and minerals’, development, population control and family planning, and minor ports and factories. Exercising its powers, Parliament has passed various laws on these subjects. Constitution and Forty-Second Amendment of 1976 Originally the Indian Constitution of 1950 did not have explicit reference to environment protection, so there was no independent and separate provision dealing with the protection or improvement of the environment. But taking note of the Stockholm Conference and growing awareness for environmental pollution and econd imbalances, the Indian Parliament passed a historic amendment – 42 Constitution nd Amendment Act, 1976. This 42 Amendment incorporated two significant Articles Articles 48-A and 51-A(g) to protect and improve the environment.

Article 48-A: ‘The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.’ Article 51-1(g): ‘It shall be a duty of every citizen of India...(g) to protect and improve the natural environment including forests, lakes, and wildlife and to have compassion for living creatures.’ PALLAVI BHOGLE

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Right to Pollution free and Healthful Environment - Fundamental Right The Environmental laws which have been passed by the Parliament and State legislatures are based on the recognition of clean environment as a human right or fundamental right. As it has been recognized that a clean environment is the basic need for the survival of humanity and it cannot be ensured without ecological balance, thus, this right belongs to all as survival of mankind depends on clean, healthful or pollution-free environment. Any attempt to defile, damage the natural environment would amount to violation of the human right to a clean environment. The Stockholm Conference of 1972 also declared that ‘man has the fundamental right to freedom of equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being...’

Chapter III dealing with ‘fundamental right’ (Articles 12 to 35) does not have any direct bearing on environmental degradation or eco-imbalances, and has not even referred to these words at all. But the judicial pronouncements of the Supreme Court of India and State High Courts have significantly contributed in giving a newer and finer perspective to environment protection in the form of fundamental right. The Courts, while dealing with environmental cases, have referred and based their judgments on Right to Equality (Article 14), Right to Life (Article 21), Right to Freedom of Trade and Commerce [Article 19(1)(g)]. We will study various aspects of right to healthful, pollution-free environment vis-a-vis fundamental rights provided under Chapter III of the Indian Constitution. The Constitutional Scheme to protect and preserve the environment has been provided under Articles 21, 48-A and 51-A(g) which includes fundamental right to have healthful & pollution free environment, constitutional obligation of the State and fundamental duty of all the citizens of India to protect and improve the natural environment. The Supreme Court has clarified it in many cases. It has also been observed by the court that this scheme is based on the ‘constitutional policy of sustainable development which must be implemented.’ It is also to be noted that Articles 14, 21, 48-A of the Constitution of India must be applied both in relation to an executive action as also in relation to a legislation. In judicial review of the executive and legislation can be made, may be on different principles. Ecological principles are relevant consideration in continuing town planning statutes. Right to Equality and Environment The Indian Constitution guarantees ‘right to equality’ to all persons without any discrimination. This indicates that any action of the ‘State’ relating to environment must not infringe upon the right to equality as enshrined in Article 14 of the Constitution.

The Stockholm Decla...