ENVIRONMENTAL LAW
INTRODUCTION
It is very important to understand the word ‘Environment’ because it
constitutes our surroundings and affects our ability to live on the Earth. It
comprises the air we breathe, the water that covers most of the Earth’s
surface, the plants and animals around us, and much more. It is therefore,
very important to understand and appreciate the importance of
environment in our daily lives. In recent years, scientists have been
carefully examining the various ways by which people affect the
environment. They have found that we are causing air pollution,
deforestation, acid rain, and other problems that are dangerous both to the
Earth and to ourselves.
The word ‘environment’ is derived from the French word ‘environner’,
which means ‘to encircle’ or ‘to surround.’ Broadly speaking, environment
means and includes the entire surroundings- the land, water, air, noise,
forests, wildlife etc. It is a composite term which consists of both living and
non-living elements in this planet and it is from the environment that all
the necessities of life are derived.
The most suitable definition of environment is - It is the sum total of water,
air and land and the interrelationships that exist among them with human
beings, other living organisms and materials.
According to the United States Council on Environmental Quality,
‘Environment’ means man’s total physical and biological system including
not only the biosphere, but also his interactions with his natural and man-
made surroundings.
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According to Section 2(a) of the Environment Protection Act, 1986,
environment includes water, air and land and the inter-relationship which
exists among and between water, air, land and human beings, other living
creatures, plants, micro-organisms and property.
Assemblage of species of plants, animals and micro-organisms inhabiting a
common area and having effects on one another is called a biotic
community. The combination of biotic community and the physical
environment is called the ecosystem.
Biotic community+ Environment =Ecosystem
The study of the ecosystem in totality and how the entire system functions
by interacting amongst them is called ecology.
The geographical meaning of environment is that environment is a
combination of living and non-living things and their mutual interaction
with each other which leads to an ecosystem. The environment
encompasses all living and non-living things occurring naturally on Earth.
Today protection of environment is a global issue as it concerns all
countries irrespective of their sizes, stages of development or ideologies.
Today, the interaction between society and nature is so extensive that the
question of environmental pollution has assumed large proportions,
affecting humanity at large. In K.M. Chinappa Vs. Union of India, the S.C held
that environmental law is an instrument to protect and improve the
environment and control or prevent any act or omission which is polluting
or is likely to pollute the environment.
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Before understanding the concept of environmental pollution, it is
necessary to understand the meaning of the term ‘pollution.’ Pollution is
the wrongful contamination of the atmosphere or of water or of soil. It is
the direct or indirect introduction of substances into the environment by
man which endangers human health, harms living resources and eco
systems, damages material properties or amenities or interferes with other
legitimate uses of the environment. The environment is a complex
aggregate of physical, chemical and biological factors surrounding an
organism or an ecological community. Such factors act and interact with
each other to affect their form, growth and survival. Any unfavourable
alteration of this environment is called environmental pollution. According
to Section 2(c) of the Environmental Protection Act, 1986 “environmental
pollution” means the presence in the environment of any environmental
pollutant. According to Section 2(b) of the Environmental Protection Act,
1986 “environmental pollutant” means any solid, liquid or gaseous
substance present in such concentration as may be, or tend to be, injurious
to the environment.
But the definition of environmental pollutant is inadequate as it includes
solid, liquid or gaseous substances only. There are pollutants, namely, heat
energy, sound and nuclear radiations which are not substances. There are
many substances in the air which may impair the health of plants and
animals (including humans.) These arise both from natural processes and
human activities. Substances not naturally found in the air or found at
greater concentrations or found in different locations from usual are
referred to as pollutants. The definition of environmental pollution in
the Act is narrow in scope. It merely refers to the presence in the
environment of any environment pollutant. However, it is not only the
presence of certain substances but even the absence of, or decrease in
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concentration of, or non-availability of a non-pollutant that results in
pollution. If oxygen is withdrawn from the environment in quantities
detrimental to the environment, it results in environmental pollution.
DIFFERENT KINDS OF ENVIRONMENTAL POLLUTION
It has been already understood that the term ‘environmental pollution’
refers to the unfavourable alteration to our surroundings directly or
indirectly which occurs mainly because of the activities of human beings.
Following are the various kinds/types of environmental pollution: -
1) Air Pollution- The air around us is a mixture of various gases mainly
oxygen and nitrogen, but containing much smaller amounts of water
vapour, carbon dioxide, argon and very small amounts of other gases
(Neon, Helium, Methane, Krypton, Hydrogen, Xenon, Ozone, etc.) Air
also contains suspended dust, spores and bacteria Air pollution may
be defined as the introduction, into the atmosphere, of chemicals,
particles, biological materials or other substances that cause
discomfort, disease, or death to humans, damage to other living
organisms, food crops, and natural environment or built
environment. It is the accumulation of substances in the atmosphere
in sufficient concentrations which endangers human health or
produces other measured effects on living matter and other
materials.
According to Section 2(b) of the Air (Prevention and Control of
Pollution) Act, 1981, air pollution means the presence in the
atmosphere of any air pollutant. According to Section 2(a) of the Air
(Prevention and Control of Pollution) Act, 1981, 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
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to human beings or other living creatures or plants or property or
environment.
The major sources of air pollution are: Industrial emissions,
Vehicular emissions, Domestic emissions. The most common air
pollutants are Sulphur dioxide, Nitrogen oxides, Carbon monoxide,
Hydrocarbons, Particulates, Smog etc. Apart from this, the gases
discharged from refrigerators, air conditioners etc. are responsible
for depletion of the Ozone layer.
2) Water Pollution- Water is said to be the cause of the Earth. It is the
lifeline of our ecological existence. It is one of the most precious gifts
of nature. It comprises about 70% of the Earth’s surface. But day by
day the quality of water is deteriorating and is becoming unfit for
consumption. Pollution, in simple words, means contamination. So,
water pollution means contamination of water, thereby making it
completely unfit for use.
Water pollution is the introduction of, into fresh or ocean waters,
chemical, physical, or biological materials that degrade the quality of
the water and affects the organisms living in it. This process ranges
from simple addition of dissolved or suspended solids to discharge of
the most insidious and persistent toxic pollutants (such as pesticides,
heavy metals, non-degradable chemical compounds). Water pollution
is the contamination of water bodies (e.g. lakes, rivers, oceans,
aquifers and groundwater). Water pollution occurs when pollutants
are discharged directly or indirectly into water bodies without
adequate treatment to remove harmful compounds.
According to Section 2(e) of the Water (Prevention And Control Of
Pollution) Act, 1974, "pollution" means such contamination of water
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or such alteration of the physical, chemical or biological properties of
water or such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water (whether directly
or indirectly) which may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or other legitimate
uses, or to the life and health of animals or plants or of aquatic
organisms.
Conventional or classical water pollutants are generally
associated with the direct discharge of (mainly human) waste
products into the waters. Rapid urbanization and rapid population
increase have produced sewage problems because treatment
facilities have not kept pace with need. Untreated and partially
treated sewage from municipal wastewater systems and septic tanks
in unsewered areas contribute significant quantities of nutrients,
suspended solids, dissolved solids, oil, metals (arsenic, mercury,
chromium, lead, iron, and manganese), and biodegradable organic
carbon to the water environment.
The nonconventional water pollutants include dissolved and
particulate forms of metals, both toxic and nontoxic, and degradable
and persistent organic carbon compounds discharged into water as a
by-product of industry or as an integral part of marketable products.
More than 13,000 oil spills of varying magnitude occur in the United
States each year. Thousands of environmentally untested chemicals
are routinely discharged into waterways.
3) Noise Pollution- The word ‘noise’ is derived from the Latin word
‘nausea’ which means sea-sickness. ‘Noise’ is any unwanted sound
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that disrupts environmental equilibrium. It is a sound which is
unpleasant and it exerts pressure on our minds. Noise is measured in
decibels. Noise is a composite of sounds generated by human
activities ranging from blasting stereo systems to the roar of
supersonic transport jets.
The two major sources of noise pollution are-
• Industrial sources- which include noise generated by various
industries operating in and outside the cities.
• Non-industrial sources- which include transport, use of loud
speakers, street noise, construction work, aircraft, railways,
automobiles etc.
Noise pollution has harmful effects on the environment, human
beings, and animals. Some adverse effects of noise pollution on
human health are:
✓ Hearing loss or hearing impairment;
✓ Rise in blood pressure;
✓ Cardio-vascular health effects;
✓ Increase in stress level; and
✓ Decrease in efficiency and concentration
4) Land Pollution- Land pollution is the degradation of the Earth's land
surface through misuse of the soil by poor agricultural practices,
mineral exploitation, industrial waste dumping, and indiscriminate
disposal of urban wastes. Land and soil pollution take place mainly
due to the disposal of solid and semi-solid wastes from agricultural
practices and from poor sanitation.
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Soil pollution: Soil pollution is often the result of poor agricultural
practices which remove rich humus topsoil developed over many
years through vegetative decay and microbial degradation and thus
strips the land of valuable nutrients for crop growth. The rapid
growth of urbanization and uncontrolled use of resources in common
house hold has resulted in the production of solid wastes. Solid
wastes include agricultural wastes, ashes, bio-medical wastes, body
parts of dead animals, dry or wet garbage from domestic activities
which may contain plastics, metals, woods, glass, paper, detergents,
industrial wastes, mining wastes etc. These solid wastes, when
discharged into the soil, pollutes soil and land.
5) Nuclear (Radioactive) Pollution- One of the most important and
dangerous types of pollution is nuclear pollution or radioactive
pollution. Nuclear pollution is caused by nuclear explosions which
are carried out for performing nuclear tests and which are further
used for making nuclear weapons. Due to these explosions, about 15
to 25% of the radioactive particles enter the atmosphere. Once they
enter the atmosphere they continue to remain on the Earth for
several years. The best example is the Hiroshima and Nagasaki
atomic bombings.
The most dangerous radiation results from the explosion of nuclear
devices and the release of energy from nuclear power generating
plants. Other sources of radiation include spent-fuel reprocessing
plants, by-products of mining operations, and experimental research
laboratories. Increased exposure to medical X rays and to radiation
emissions from microwave ovens and other household appliances,
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although of considerably less magnitude, all constitute sources of
nuclear pollution.
Radioactive nuclear wastes cannot be treated by conventional
chemical methods and must be stored in heavily shielded containers
in areas remote from biological habitats. The safest of storage sites
currently used are impervious deep caves or abandoned salt mines.
Most radioactive wastes, however, have lives of hundreds to
thousands of years, and till date, no storage method has been found
that is absolutely infallible.
6) Food Pollution (Food Adulteration)- All living beings require food to
obtain energy. It is through this energy that they carry out their daily
activities. If the food consumed is polluted or adulterated it will have
injurious effects on the consumer’s health. The pollution of food
begins by use of chemical fertilizers and various pesticides at
different stages of plant growth. These chemicals directly or
indirectly affect the quality of food and affects the health of the
consumers. Food also gets polluted during processing, storage,
packaging and transportation.
FACTORS RESPONSIBLE FOR CAUSING ENVIRONMENTAL POLLUTION
The main causes of environmental pollution are-
1) Population growth- One of the most important factors for the
damage of environment and consequential pollution is rapid
population growth. The quality of our environment is determined by
the intricate process of mankind making a living and enjoying life. In
this process he makes use of land, food, water and air. The use of the
four essentials of life by man viz. land, food, water and air, affects the
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dynamics of all the plants and animal life on the Earth by altering the
ecological balances. His methods of using land, water and air
particularly as waste disposal suits have impaired their quality, so
that these are no longer fit in some instances for his own needs and
purposes. The increase in population would certainly exert
additional pressure on the natural resources including air, water and
food systems. Therefore, in order to cope up with the food pressure,
we have to produce more agricultural and industrial products. But
our cultivated land is limited and we cannot increase it more, we are
already using nearly 50 percent of the land for agricultural purposes.
For increasing the production of food, we will require more
fertilizers. In short, we have to expend the industrial as well as the
transport base in order to meet the increased demands of goods like
cloth, iron, cement, steel, fertilizers, pesticides and vehicles. This
would involve the use of more power and natural resources and we
have to face the consequential effect of more carbon gases and photo
chemical oxidants.
2) Urbanization- Urbanisation is another major factor which
contributes significantly to environmental pollution. The growth in
urban areas comes from both the increase in migration to the cities
and the fertility of urban populations. Much of urban migration is
driven by rural populations’ desire for the advantages that urban
areas offer. Urban advantages include greater opportunities to
receive education, health care, and services such as entertainment.
Urban populations interact with their environment. Urban people
change their environment through their consumption of food,
energy, water, and land, and in turn, the polluted urban environment
affects the health and quality of life of the urban population.
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People who live in urban areas have very different consumption
patterns than residents in rural areas. For example, urban
populations consume much more food, energy, and durable goods
than rural populations. Some urban environmental problems include
inadequate water and sanitation, lack of waste disposal means and
industrial pollution. It is clear that the world is becoming more and
more urban. It has been predicted that by the year 2050, more than
70% of the human population on Earth will live in cities. There are
many environmental problems that are associated with urbanization.
3) Industrialisation- Man has been inventive right from the beginning.
He has inherited this quality from the nature itself. In order to meet
his requirements and also in order to raise his standards of living, he
has been carrying out various activities. He is now producing things
which were not there and he is enhancing the production of those
things which were there but not in abundant quantity. In this way he
is disturbing all the four components, i.e. land, water, air and food,
which is essential for the survival of human beings and other living
beings.
The demand for food, space and energy is growing. In order to meet
these demands, maximum use of chemicals is made which is harmful
for living beings.
Due to industrial activities, a good amount of dust and smoke is
released into the atmosphere. Their accumulation in the atmosphere
prevents the heat of the sun from reaching the Earth, which may
cause a global decrease in temperature and this may bring a new ice
age on the Earth. Dust and smoke in the atmosphere, along with
water vapours, form “smog”. This ‘smog’ has a very dangerous effect
on the environment. There is also a growing problem of toxic wastes
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generation by industries. The adverse effects of industrialisation
have already been witnessed in Bhopal due to leakage of methyl
isocyanate gas from the Union Carbide Plant, in leakage of radioactive
substances from the Chernobyl nuclear power plant in Russia.
4) Deforestation- Forests provide natural habitat to many animals.
Many species of birds and animals survive only in forests.
Deforestation has deprived many living creatures of their natural
habitat. To maintain ecological balance, forests should cover at least
30 percent of the land. However, due to urbanization,
industrialization, greater need for fuel, furniture and building
materials, deforestation takes place at an alarming rate and this in
turn has reduced the forests up to 13 percent of landed area. The
forests are important as they maintain the oxygen supply, hold the
water during rainy season in hilly regions, reduce soil erosion etc.
Due to deforestation, the rapidly flowing rain water carries with it
silt which is deposited in rivers and lakes. This raises the river bed.
The silting makes rivers unfit for navigation and prone to flooding.
Reduction in forests also causes imbalance in carbon dioxide and
oxygen which is responsible for greenhouse effect.
5) Indiscriminate use of science and technology- Indiscriminate use of
science and technology is a major hindrance to preserving the
environment. In order to make our lives comfortable, we do not
hesitate to use the scientific and technological developments
extensively without caring about their negative impacts on the
environment. Presence of chlorofluorocarbons (CFCs) in the
atmosphere, which are emitted by the refrigerators, air conditioners
and deep freezers are majorly responsible for the depletion of the
ozone layer. This is posing a severe threat to the existence of life in
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the world. Generation of wastes during the use of science and
technology and man’s industrial activities have added more pressure
on the biosphere and have caused severe environmental pollution.
6) Modern agricultural practices- Modern agricultural practices and
application of newer technological processes in the field of
agriculture have severely affected the environment. Inorganic
fertilizers are widely being used now-a-days. Fertilizers like
phosphates and nitrates cause widespread damage when applied
carelessly on the crops. Though these fertilizers fortify the soil, the
soil becomes contaminated due to the impurities in the said
fertilizers. In addition to fertilizers, various kinds of pesticides and
insecticides are also used as a part of modern agricultural practice.
Almost all these insecticides and pesticides are toxic in nature and
are unsafe to the environment. Soil conditioners and fumigants are
also used in modern agriculture. These chemical agents cause
alterations in the agricultural and horticultural lands.
7) Lack of public awareness and participation- People are unaware of
the importance of having a pollution free environment. They also
lack awareness of the hazards of environmental pollution. It can be
easily noticed that people throw waste and garbage on public roads
and streets which ultimately results in severe degradation of the
environment. It also causes public nuisance. The public are reluctant
to cooperate in the process of maintenance of the quality of
environment. It is not just the duty of the State to protect and
preserve the environment, but also of the citizens to do so. Their
unawareness and ignorance about environmental matters and lack
of active participation in protecting and preserving the environment
have caused environmental pollution to a large extent.
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