POLLUTION AND ENVIRONMENTAL LAWS

We are open to it every day, and it is quietly eliminating us.

While walking on road, I am breathing the smoke from vehicle around me,

Consuming water from the tap, I am Drinking micro beads.

Having my meal, I am likely Exposed to discover Chemical component used in my food

Pollution is present everywhere in our daily routine .

It's time to realize and raise up the adverse effect on our well-being.


INTRODUCTION

Pollution is derived from the Latin word 'polluere' which means 'to soil' or defile.

Pollution is to Demolish naturalness ,to spoil, especially with artificial waste.

Pollution occurs when an amount of any substance or any form of energy is put into the environment at a rate faster than it can be dispersed or safely stored. The term pollution can refer to both artificial and natural materials that are created, consumed, and discarded in an unsustainable manner. pollution in this world not only affects our life but also to other species living in this world with whom we are sharing the mother earth like planets, animals and other living things. The Air, the Water, the Land three parts which are dealing with pollution the most and all the living things are depended upon non living parts of surrounding.


MAJORLY THERE ARE 5 TYPES OF POLLUTION

  • Water Pollution

It happens when toxic poisonous and harsh chemical matter present into water bodies such as seas, lakes and rivers. These are usually created by human activity like oil spills and sewage treatment and even because some natural processes can cause water pollution.

Other reasons for water pollutions :

  • Animal and Human Waste

  • Throwing away Solid Waste

  • Runoff containing Pesticides and Fertilizers from agricultural field

  • Discharging industrial waste into water bodies

  • Air Pollution

The release of toxic and harmful Gasses, Biological Molecules and chemicals. Those pollutants are quite injurious which leads to serious health problems.

some source that donates to Air Pollution

  • Mining operations

  • exhaust gas from factories and industries

  • burning fossil fuels

  • Soil Pollution

Refers to degradation of land because of the chemical found or other toxic substance in the soil. Some xenobiotic substances change the natural form of soil and affect it worstly.

some common source that causes of soil pollutions are as follows

  • Acid rain

  • Industrial Accidents

  • Oil spills

  • Radioactive Pollution

Is define as the material polluting living organisms and their environment because of such molecules present into surrounding

while nuclear weapon production and its explosion.

the main cause of this pollution

  • power plants

  • nuclear weapon factories

  • wastes of radioactive material

  • Noise Pollution

The only pollution which is invisible but is present in our environment.

It is present in both sea as well as even on land. Noise pollution is nothing but undesirable or disturbing sound that affects the well-being of humans and other spices.

Causes of Noise pollution

  • Air Traffic

  • Construction sites

  • Animals


ENVIRONMENTAL LAW

Environment law is a merger of rules ,regulation and agreement that controls how humans should be dependent on their environment. The reason to protect environmental law is to generate regulation for how humans can use natural resources. Environmental laws are not only objective to safeguard the environment from damage, but they also decide who can use natural resources and on what terms. Laws may control pollution, the utilization of natural resources, fish populations, mineral harvesting and animal and forest protection.


Environment Related Provisions in the Indian Constitution

Environmental protection is mentioned in the Indian Constitution as part of Directive Principles of State Policy as well as Fundamental Duties.

Directive Principles of State Policy (Part IV) Article 48A

Conservation and Protection of environment and prevention of wildlife and forests The State shall attempt to preserve and better the environment and to safeguard wildlife and the forests of the nation.

Fundamental duties (Part IV A) Article 51A

To improve and better the natural environment including lakes, wildlife, rivers, and forests, and to have care for life forms.

The most important Environmental Laws and act are as follows

  • The Wildlife (Protection) Act, 1972

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

  • The Air (prevention and control of pollution) act, 1981

  • The Environment (Protection) Act, 1986

  • The ozone-depleting substances (regulation and control) rules, 2000.

  • Coastal Regulation zone notification 2018

  • The energy conservation act, 2001

  • Biological diversity act 2002

  • Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)

  • The National Green Tribunal Act, 2010

  • Compensatory Afforestation Fund Act, 2016


LANDMARK JUDGEMENTS ON ENVIRONMENTAL PROTECTION

Rural Litigation and Entitlement Kendra & Ors. v. State of Uttar Pradesh & Ors. ; Supreme Court of India


PETITIONER: RURAL LITIGATION AND ENTITLEMENT KENDRA DEHRADUN & ORS.

Vs.

RESPONDENT: STATE OF U.P. & ORS.


DATE OF JUDGMENT- 12/03/1985


BENCH:

BHAGWATI, P.N.

SEN, AMARENDRA NATH (J)

MISRA RANGNATH


ISSUE:

Due to lack of vegetation many landslides occurred, which killed villagers, and destroyed their homes, cattle and agricultural land. It was contended by the mining operators that the case should be dismissed by the court and the issue should be left to the administrative authorities under the Environment Protection but the Court rejected the miners’ arguments the ground that the litigation had already commenced and significant orders had been issued by the court before the adoption of the Environment Protection Act.


JUDGMENT:

Orders that mine lessees whose operations were terminated by the court would be given priority for leases in new areas open to limestone mining.

Orders that the Eco-Task Force of the central department of Environment reclaim and reforest the area damaged by mining and that workers displaced by mine closure be given priority for jobs with the Eco-Task Force operations in the region.


Municipal Council, Ratlam v. Shri Vardhichand & Ors.; Supreme Court of India


PETITIONER: MUNICIPAL COUNCIL, RATLAM

Vs.

RESPONDENT: SHRI VARDHICHAND & ORS.


DATE OF JUDGMENT- 29/07/1980


BENCH:

KRISHNAIYER, V.R.

REDDY, O. CHINNAPPA (J)


ISSUES:

This case issues the Ratlam municipality’s responsibilities to its human beings beneath Section 123 M. P.Municipalities Act of 1961.These responsibilities encompass the availability of sanitary centers and the prevention of road infection from a close-by alcohol plant. The citizens of the Ratlam municipality, pissed off at the shortage of sanitary centers and the infection within the streets, introduced health care towards the municipality beneath Section 133 of the Criminal Procedure Code for public nuisance.

The municipality argued that, 1) the citizens selected to stay where there aren’t any centers, and 2) the government lacked the finances essential to assemble what became required to conform.


JUDGEMENT

A public authority’s path can’t be defied and if now no longer observed is punishable u/s 188 of the IPC 1860. S.188 of the IPC, Mandates the pride of following components to represent a violation, 1.A lawful order promulgated through an authority/ public servant 2. Knowledge of the order 3.Disobedience of that order 4. Result probably to comply with because of disobedience of such order.


CONCLUSION

Each of us makes decisions on a daily basis. We can drive or cycle to work. We can carry a reusable coffee mug or throw away a plastic equivalent every morning. We can ask questions about the food we buy or the clothes we purchase. While these actions may seem trivial at an individual level, at a collective level they will have a huge impact. They will grow the market for cleaner products and decrease demand for things that we know cause pollution. These personal decisions are critical and will have an impact at scale.

Approximately 91% of the world’s residents reside in areas where pollution surpasses well-being limits, according to the World Health Organization (WHO), reports.



This article is written by Farhin Ghanchi of Rizvi Law Collage.

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