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AL-AMEEN COLLEGE OF LAW VI Semester 3 Year LL.B/ X Semester 5 year B.A.LL.B ENVIRONMENTAL LAW Q.NO.1. DEFINE “ENVIRONMENT’ AND EX EXPLAIN PLAIN THE VARIOUS CAUSES OF ENVIRONMENTAL POLLUTION. INTRODUCTION. Broadly speaking environment means and includes the entire surroundings the land, water and the air. Environment refers to the sum total of conditions which surround man at a given point in space and time. Environment is both physical and biological concept, it encompasses both the components of the planet earth. 1. Abiotic (non-living ) 2. Biotic (living) Again Abiotic is sub-divided into a. Solid b. Liquid and c. Gas The biotic component of the environment consists of plants and animals including man as an important factor. “Environmental Pollution” means the presence in the environment of any environmental pollution’. Environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment. Kinds of Environmental Pollution:-

It is unfavorable alteration of our surroundings which occurs mainly because of the activities of human being. 1. AIR POLLUTION:Air pollution is generally accomplished through air pollutants. The definition of air pollutants is given under sec 2(9) of the Air Pollution Act, 1981. Section 2(a):- 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 living creatures or plants or property or environment . Section 2(b):- Air Pollution means the presence in the atmosphere of any air pollutant. Air pollutants may be gaseous or particulate pollutants. With the progress of the society a large amount of gaseous waster and fine particles are emitted into the atmosphere. The natural air has got its air purification process and through this process it could be able to be remove the different types of pollutants which are continuously introduced into the atmosphere. When the rate of pollution is high or the self purifying capacity of the air comes down, accumulation of pollutants takes place posing a serious threat to the human health. 2. WATER POLLUT POLLUTION:ION:Water is a significant element in the biosphere because on one hand it is vital for the survival of all forms of life and on the other hand it helps in the movement, circulation and cycling of nutrients in the biosphere. It supports life-system and its shortage has been serious concern of human being’s. Section 2(6) of Water (prevention and control of pollu pollution) tion) Act 1974 1974:means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage

or trade effluent or any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely or create a nuisance, domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms. 3. LAND POLLUTION:Land is in fact the very heart of life layer(biosphere) because it represents a zone wherein plant nutrients produced, held, maintained and are made available to plants. It is important for human society because it is the basic medium for food and various needs of man and other living creatures. Land and soil pollution takes place mainly due to the disposal of solid and semi-solid waste from agricultural practices and from poor sanitation, soil erosion, consequent upon land use changes, deforestation, excessive use of chemical fertilizers, pesticides, insecticides, herbicides, polluted waste water from industrial and urban areas. Urbanization coupled with the desire of men to live comfortably has further aggravated the problem. 4. FOOD POLLUTION:Food is one of the most essential resources of human survival. Pollution of food begins when the seeds need to be protected from use of chemicals. Again chemicals are used to protect plant growth, flowers, fruits and vegetables. 5. RADIO-ACTIVE PO POLLUTION. LLUTION. The advent of nuclear weapons and also to have more and more such destructive weapons has led the exposure level to radiations caused by such tests increase. Radio-active pollution immediately affects the man and it is his health which is at stake. There is every possibility that water sources particularly the rivers and sewers are likely to be affected by such radiation. Man may be exposed to such contamination directly by the radioactive particles in air, radioactive gases and absorption of contaminants by

respiratory tract and indirectly by consuming food chains. 6. NOISE POLLUTION;The word noise simply connotes unwanted sound or ordinarily by noise we can mean a sound which is unpleasant that exerts a pressure on our mind. The sources of noise pollution are numerous, but broadly it can be divided into 2. 1. Industrial and 2. Non- industrial. a. Transportation, b. Use of loud speakers c. Street noise d. Construction work e. Aircraft f. Railways g. Automobiles etc. The effects of noise is becoming deadlier day to day. It impairs our sensibility, physiological, psychological; it may lead to loss of hearing, speech interference, loss of efficiency, various diseases, and interference with sleeping besides certain other miscellaneous effects. FACTORS RESONSIPLE FOR CAUSING ENVIRONMENTAL POLLU POLLUTION. TION. 1. Growing population 2. Industrialization 3. Deforestation 4. Urbanization. 5. Over use of science and technology.

6. Modern agriculture 7. Poverty. CONCLUSION The threat of the pollution is multidimensional. The drastic alterations of the natural environment have affected and disturbed the natural balance. The entire mankind has the responsibility and it is their concern to deal with this global problem.

Q.NO.2. WHAT IS ECO SYSTEM? WHAT AR ARE E ECOSYSTEM SERV SERVICES? ICES? Introduction:Ecosystem is a complex ecological community which means a complex of plant, animal and micro-organisms communities and their nonliving environment interacting as a functional unit. Ecosystem may be defined as a fundamental functional unit occupying spatial dimension of earth space ship characterized by total assemblage of biotic community and abiotic components and their mutual interactions within a given time unit. Ecosystem consists components.

of

both

living/biotic

and

non-living/abiotic

The non-living components of the ecosystem consist of chemical substance found in the soil, water and atmosphere. These chemicals may be inorganic substances like water, oxygen, carbon-di-oxide and minerals like phosphate, nitrates etc or organic materials like carbon hydrates, fats, proteins and vitamins. Other abiotic elements of the climate are temperature, rainfall, duration of sun light, winds, nature of soil, slope of the land, composition of water

bodies etc. The basic properties of an ecosystem are as follows, 1. Ecosystem of any given space time-unit represents the sum of all living organisms and physical environment. 2. It is composed of 3 basic components energy, biotic, and abiotic components. 3. There are complex sets of interaction between biotic and abiotic components on the one hand and between and among the organisms on the other hand. 4. It is an open system which is known by continuous input and output of matter and energy. 5. It tends to be in relatively stable equilibrium unless there is disturbance in one or more controlling factors. 6. It is powered by energy of various sorts but the solar energy is most significant. 7. Ecosystems are natural resource systems. 8. It is structured and well organized system. There are two major types of ecosystems. They are Aquatic ecosystems and Terrestrial ecosystem. Q.NO.3.WHAT IS GREEN HOUSE EFFECTS? DISCUSS THE CONSEQU CONSEQUENCES. ENCES. Introduction:Greenhouse effect refers to the gradual warming of the earth’s atmosphere due to the presence of the greenhouse gases, such as carbon-di-oxide, methane, nitrous oxide and chlorofluorocarbons (CFC’s) all of which have warming effect on the world climate. Human being is the main reason for increasing global concentration of green house gases by carrying on various activities such as burning coal, oil, natural gas etc.

In general it may be stated that a green house is the body which allows the short wave incoming solar radiation to come in but does not allow the long wave outgoing terrestrial infrared radiation to escape. Carbon di-oxide and vapour act as a green house in that these allow visible light of the sun to reach the surface of the earth but absorbs and reflect back the long wave outgoing terrestrial radiation mainly infrared rays and these help in keeping the earth’s warmer. The inter-Governmental Panel on Climate Change (IPCC) has es estimated timated the effect of greenhouse gases on climate change in the following words. 1. Concentration of greenhouse gases could exceed 700 ppm by 2100. The projected temperature increase of 1 to 3.6 degrees centigrade over the next 100 years. 2. Increased temperature is accepted to speed up the global water cycle. Faster evaporation will lead to a drying of soils and in some areas increased drought overall, however, due to the faster global cycling of water, there will be an increase in precipitation. 3. Sea levels are excepted to rise between 15 to 94 centimeters over the next century. A 50 centimeter sea level rise could double the global population at risk from storm causes from roughly 45 million to over 90 million, even coastal populations do not increase. Low lying area are particularly vulnerable. 4. Human health is likely to be affected. Warmer temperatures will increase the chances of heat waves and exacerbate air quality and can lead to an increase allergic, disorders. Disease that thrive warmer climates such as dengue fever, malaria, yellow fever, encephalitis and cholera are likely to spread due to the expansion of the range of disease carrying organisms. KYOTO PROT PROTOCOL OCOL In Kyoto city in Japan on Dec 1 to 10, 1997 a summit to reduce global warming on account of greenhouse gases was held and an agreement to this effect was also signed.

This summit was attended by 149 countries. This is popularly known as Kyoto Protocol or Kyoto Thermal Treaty.

Q.NO.4. NARRATE THE HISTORY OF ENVIRONMENTAL PROTECTION LEGISLATION IN INDIA. Introduction:The history of environmental protection in India can be studied under 4 periods. 1. In Ancient Period 2. In Medieval Period 3. During the British Period and 4. The Post-Independence period

1. Environmental Protection in Ancient Period:Forests, Wildlife and more particularly trees were held in high esteem and held a place of special reverence in Hindu theology. The vedas, Puranas, Upanishads and other scriptures of the Hindu religion gave a detailed description of trees, plants and wildlife and their importance to the people. The Rig Veda highlighted the potentialities of nature in controlling the climate, increasing fertility and improvement of human life emphasizing for intimate kinship with nature. During the Vedic period, cutting of live trees was prohibited and punishment was prescribed for such acts. In Srimad Bhagavatam, it has been rightly pointed out that a man who with exclusive devotion offers respect to sky, water, earth, heavenly bodies, living beings, trees, rivers and seas and all created beings and considers them as a part of the body of the Lord attaints the state of supreme peace and God’s grace.

Yajnavalkya smriti has declared cutting of trees and forests as a punishable offence. It appears that the civilization of Mohenjodaro, Harappa and Dravidian civilization lived in consonance with its ecosystem and their small population and their needs maintained the harmony with the environment. The Mauryan period was perhaps the most glorious chapter of the India. It was in this period that we find detailed and perceptive legal provisions found in kautalaya’s Arthashastra written between 321 B.C. and 300 B.C. Law concerning to forest in Arthashastra Arthashastra. State to maintain forests:1. The ruler shall protect produce-forest, elephant forests and shall also set up new ones. 2. Fines were levied for cutting the tender sprouts of trees in city parks that bear flowers on fruits or yield shade the fine shall be 6 panas, for cutting small branches 12 panas ; for cutting stout branches 24 panas. 3. The superintendent shall fix adequate fines and compensation to be levied on those who cause any damage to any productive forests. 4. With regard to protection of wild life, there were prohibition on killing of animals and birds. 5. The officer incharge was authorized to impose a fine up to 1000 panas on those who were found guilty of killing deers, birds, and fish declared to be under state protection. 6. Wild life in sanctuaries enjoyed complete protection from being killed except when they turned harmful. Arthashastra also prescribed punishment for causing pollution and uncivic sanitation. Those who threw waste on the roads were fined 1/8 pana, for

causing muddy water the fine was ¼ pana and if person throwed any waste on near temple, pond or well were levied fines of one pana. The King Ashoka in his pillar edict has expressed his view point about the welfare of creatures in his state. Totally it can be stated that protection of environment was given must concern and most importance in ancient period. HINDU MYTHOLOGY ON ENVIRO ENVIRONMENT NMENT PROTECTIO PROTECTION. N. Hindu religion is one of the oldest religion of the world. Ever since Vedic times, the main motto of social life was to have in harmony with the nature. Sages, saints and the great philosophers of India lived in forest and on mountains where they meditate and expressed in to form, of Vedas, Upanishads and Smriti. Accordingly felling of trees, polluting air, water and desert land was regarded as sin as these were to be respected and regarded as God and Goddesses. Some of the trees associated with the Gods and Goddesses. Lotus

Laxmi (goddess of wealth)

Banyan

Brahma Universe)

Ashoka

Buddha

Kadamb

Krishna

Palasa

Brahma

Neem

Sitala

Mango

Laxmi

Pipal

Vishnu.

(creator

of

Planting of trees was also treated as sacred religious duty and work of great virtue and regarded one tree to equal ten sons. One who plant one pipal, one neem, one ber, ten flowering plants creepers, two pomegranates, two organges and five mango trees will not go to hell. Similarly, several Hindu Gods and Goddesses have animals and birds as their associates. Durga

Lion

Brahma

Wildgoose

Indra

Elephant

Ganesh

Elephant, rat

Shiva

Bull, serpent, snake

Saraswati

Swan, peacock

Vishnu

Eagle

Kama

Fish

Rama, Hanuman

Monkey

Kartikeyan

Peacock

Laxmi

Owl

Ganga

Crocodile

Sitla

Ass

Bharirava

Dog

Vayu

Deer

2. ENVIR ENVIRONMENTAL ONMENTAL PROTE PROTECTION CTION IN MEDIEVAL INDIA From the point of view of environment conservation, a significant

contribution of Moghul emperors has been the establishment of magnificent gardens, fruit orchards and green park, round about their places, central and provincial headquarters, public places, on the banks of rivers and in the valley and dales which they used as holiday resorts or places or temporary headquarters during the summer season. Among the officials empowered for administration of justice by the sultans and the emperors of India, Muhtasibs’ were vested with the duty of prevention of pollution. His main duty among others was to remove obstructions from the streets and to stop the commission of nuisance in public places. The instructions were given to a newly appointed muhtasib by the emperor Aurangazed throws a flood of light on the functions of this officer. In the bazaars and lanes observe if anyone, contrary to the regulations and customs has screened off a part of the street, or closed the path or thrown dirt and sweepings on the traffic and opened his shops, there you should in such cases urge them to remove the violation of regulations.

3. ENVIR ENVIRONMENTAL ONMENTAL PROTE PROTECTION CTION DURING THE BRITISH RULE IN INDIA. The early days of British rule in India were days of plunder of natural resources. There was a total indifference to the needs of forest conservancy. They caused a ‘fierce onslaught’ on India’s forests mainly due to the increasing demands for military purposes, for British navy, for local construction, supply of teak and sandalwood for export trade and extension of agriculture in order to augment revenue. The British Government started exercising control over forests in the year 1806 when the commission was appointed to enquire into the availability of teak in Malabar and Travancore by way of appointment of Conservator of Forests. th

The Second half of the 19 Century marked the beginning of an organized forest management in India with some administrative steps taken to

conserve forest. The formulation of forest policy and the legislation to implement the policy decisions. The systematic management of forest resources began with the appointment of first Inspector General of Forest in 1864. In 1865 the Forest Act was enacted. In 1935 the British Parliament through the Government of India Act 1935 created provincial legislatures and the subject of the forest was included in the provincial legislative list. Apart from the management of forest resources the British Government also concentration on certain other areas like water pollution, air pollution, wild life and land use by enacting numerous legislations.

4. ENVIR ENVIRONMENTAL ONMENTAL PROTE PROTECTION CTION DURING THE POST INDEPENDENCE ERA. The post-independence era witnessed a lot of changes in the policies and attitudes of the Governments with respect to environmental protection. Under the constitution various provisions directly or indirectly deals with environmental protection.  Article 39(b), 47, 48, 49,  In 1952 the country adopted the National Forest Policy.  In 1972 the wild life Protection Act was enacted  In 1973 the Project Tiger  In 1974 the water(Prevention and control of pollution)Rules nd

 Under 42 Amendment of the constitution in 1976 Art 48-A and 51(A)(g) was inserted  Forest conservation Act in 1980.  In 1981 Air (Prevention and control of pollution) Act  In 1983 the wild life (protection)

 In 1986 the Environment (protection) Act And many rules and regulation for the control, prevention and abatement of the pollution was formulated in post-independence era. Q.NO.5.WHAT IS SUSTAINABLE DEVELOPMENT? EXPLAIN THE SALIENT PRINCIPLES OF SUSTAINABLE DEVELO DEVELOPMENT. PMENT. Introduction In the world of environment two contradictory demands emerged. One is the protection and preservation of the environment for the present as well as the future generation and the other one is the continuing process of economic development. The 2 demands are interwoven and with the complex problem of balancing the 2 concepts because both are necessary for the society. We cannot go for the one at the cost of the other. From the very beginning the controversy between environment and development was there so in order to synthesize the controversial imperatives that effect the economy the term sustainable development emerged. Which literal means the process or the way in which the economic planning should be given shape so as not to disturb the ecology. It is a process through which development activities can be sustained for the coming generation.

It has 4 objectives 1. It refers to a commitment to preserve...