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4.5.5 Nuclear accidents and nuclear holocaust

 Nuclear energy was researched and discovered by man as a source of alternate energy which

would be clean and cheap compared to fossil fuels. And although this did happen, along

with the benefits of nuclear energy came its downfalls.

 In the short history of nuclear energy there have been accidents that have surpassed any

natural calamity or other energy source extraction in their impacts. A single nuclear accident

can cause loss of life, long-term illness and destruction of property for a long period of time.

 Radioactivity and radioactive fallout leads to cancer, genetic disorders and death in the

affected area for decades after, thus affecting all forms of life for generations to come.

 The use of nuclear energy in war has had devastating effects on man and earth.

 The Hiroshima and Nagasaki incident during World War II, the only use of nuclear power in

war in history, is one of the worst disasters in history. Two atomic bombs killed thousands

of people, left many thousands injured and devastated everything for miles.

 The effects of the radiation from these nuclear bombs can still be seen today in the form of

cancer and genetic mutations in the affected children and survivors of the incident.

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4.6 Environment protection Act

 Environment (Protection) Act, 1986 not only has important constitutional implications but

also an international background. The spirit of the proclamation adopted by the United

Nations Conference on Human Environment which took place in Stockholm in June 1972,

was implemented by the Government of India by creating this Act.

 Although there were several existing laws that dealt directly or indirectly with

environmental issues it was necessary to have a general legislation for environmental

protection because the existing laws focused on very specific types of pollution, or specific

categories of hazardous substances or were indirectly related to the environment through

laws that control land use, protect our National Parks and Sanctuaries and our wildlife.

 This was essentially related to the multiplicity of regulatory agencies. Thus there was a need

for an authority which could assume the lead role for studying, planning and implementing

long term requirements of environmental safety and give directions to, as well as coordinate

a system of speedy and adequate response to emergency situations threatening the

environment. This Act was thus passed to protect the environment, as there was a growing

concern over the deteriorating state of the environment.

 As impacts grew considerably environmental protection became a national priority in the

1970s. The decline in the environmental quality was evidenced by increasing pollution, loss

of forest cover and an increasing threat to biodiversity.

 The presence of excessive concentrations of harmful chemicals in the atmosphere and

aquatic ecosystems leads to the disruption of food chains and a loss of species. These are

symptoms of a rapidly deteriorating environment.

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 The growing risks of environmental accidents and threats to life support systems now loom

threateningly over our civilization. The decision taken at the conference in Stockholm

strongly voiced these environmental concerns and several measures were made possible for

environmental protection. While the need for a wider general legislation to protect our

environment is now in place, it has become increasingly evident that our environmental

situation continues to deteriorate.

 We need to implement this Act much more aggressively if our environment is to be

protected. Public concern and support is crucial for implementing the EPA. This must be

supported by an enlightened media, good administrators, highly aware policy makers,

informed judiciary and trained technocrats who together can influence and prevent further

degradation of our environment. Each of us has a responsibility to make this happen.

4.7 Air (prevention and control of pollution) Act

 The Government passed this Act in 1981 to clean up our air by controlling pollution.

Sources of air pollution such as industry, vehicles, power plants, etc. are not permitted to

release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile

organic compounds (VOCs) or other toxic substances beyond a prescribed level.

 To ensure this, Pollution Control Boards (PCBs) have been set up by Government to

measure pollution levels in the atmosphere and at certain sources by testing the air. This is

measured in parts per million or in milligrams or micrograms per cubic meter. The

particulate matter and gases that are released by industry and by cars, buses and two

wheelers is measured by using air sampling equipment.

 This Act is created to take appropriate steps for the preservation of the natural resources of

the earth which includes of high quality air and ensures controlling the level of air pollution.

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 The main objectives of the Act are as follows:

(a) To provide for the Prevention, Control and abatement of air pollution.

(b) To provide for the establishment of Central and State Boards with a view to implement

the Act.

(c) To confer on the Boards the powers to implement the provisions of the Act and assign to

the Boards functions relating to pollution.

 Air pollution is more acute in heavily industrialized and urbanized areas, which are also

densely populated. The presence of pollution beyond certain limits due to various pollutants

discharged through industrial emission is monitored by the Pollution Control Boards set up

in every State.

Powers and Functions of the Boards

 Central Board: The main function of the Central Board is to implement legislation created

to improve the quality of air and to prevent and control air pollution in the country. The

Board advises the Central Government on matters concerning the improvement of air quality

and also coordinates activities, provides technical assistance and guidance to State Boards

and lays down standards for the quality of air. It collects and disseminates information in

respect of matters relating to air pollution and performs functions as prescribed in the Act.

 State Pollution Control Boards: The State Boards have the power to advice the State

Government on any matter concerning the prevention and control of air pollution. They have

the right to inspect at all reasonable times any control equipment, industrial plant, or

manufacturing process and give orders to take the necessary steps to control pollution. They

are expected to inspect air pollution control areas at intervals or whenever necessary. They

are empowered to provide standards for emissions to be laid down for different industrial

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plants with regard to quantity and composition of emission of air pollutants into the

atmosphere. A State Board may establish or recognize a laboratory to perform this function.

The State Governments have been given powers to declare air pollution control areas after

consulting with the State Board and also give instructions for ensuring standards of emission

from automobiles and restriction on use of certain industrial plants.

 Penalties: Persons managing industry are to be penalized if they produce emissions of air

pollutants in excess of the standards laid down by the State Board. The Board also makes

applications to the court for restraining persons causing air pollution. Whoever contravenes

any of the provision of the Act or any order or direction issued is punishable with

imprisonment for a term which may extend to three months or with a fine of Rs.10,000 or

with both ,and in case of continuing offence with an additional fine which may extend to Rs

5,000 for every day during which such contravention continues after conviction for the first

contravention.

 It is a citizen’s duty to report to the local authorities such as the Collector or the Pollution

Control Board, and the press about offences made by a polluter so that action can be taken

against the offender. It is equally important to prevent and report to the authorities on cutting

down of trees, as this reduces nature’s ability to maintain the carbon dioxide and oxygen

levels. Preventing air pollution and preserving the quality of our air is a responsibility that

each individual must support so that we can breathe air that will not destroy our health.

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4.8 Water (prevention and control of pollution) Act

 The Government has formulated this Act in 1974 to be able to prevent pollution of water by

industrial, agricultural and household wastewater that can contaminate our water sources.

Wastewaters with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as

the sea are serious health hazards. Controlling the point sources by monitoring levels of

different pollutants is one way to prevent pollution by giving a punishment to a polluter.

 The main objectives of the Water Act are to provide for prevention, control and abatement

of water pollution and the maintenance or restoration of the wholesomeness of water. It is

designed to assess pollution levels and punish polluters. The Central Government and State

Governments have set up Pollution Control Boards that monitor water pollution.

Functions of the Pollution Control Boards:

 The Government has given the necessary power to the PCBs to deal with the problems of

water pollution in the country. The Government has also suggested penalties for violation of

the provisions of the Act. Central and State water testing laboratories have been set up to

enable the Boards to assess the extent of water pollution and standards have been laid down

to establish guilt and default. The Central and State Boards are entitled to certain powers and

functions which are as follows:

 Central Board: It has the power to advise the Central Government on any matters

concerning the prevention and control of water pollution. The Board coordinates the

activities of the State Boards and also resolves disputes. The Central Board can provide

technical assistance and guidelines to State Boards to carry out investigations and research

relating to water pollution, and organizes training for people involved in the process. The

Board organizes a comprehensive awareness program on water pollution through mass

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media and also publishes data regarding water pollution. The Board lays down or modifies

the rules in consultation with the State Boards on standards of disposal of waste. The main

function of the Central Board is to promote the cleanliness of rivers lakes streams and wells

in the country.

 State Boards: They have the power to advise the State Government on any matters

concerning water pollution. It plans a comprehensive program for the prevention of water

pollution. It collects and disseminates information on water pollution and participates in

research in collaboration with the Central Board in organizing training of people involved in

the process. The Board inspects sewage or trade effluents, treatment plants, purification

plants and the systems of disposal and also evolves economical and reliable methods of

treatment of sewage and other effluents. It plans the utilization of sewage water for

agriculture. It ensures that if effluents are to be discharged on land the waste is diluted. The

State Board advises State Governments with respect to location of industries. Laboratories

have been established to enable the Board to perform its functions. The State Boards have

the power to obtain information from officers empowered by it who make surveys, keep

records of flow, volume, and other characteristics of the water. They are given the power to

take samples of effluents and suggest the procedures to be followed in connection with the

samples. The concerned board analyst is expected to analyze the sample sent to him and

submit a report of the result to the concerned Board. The Board is required to send a copy of

the result to the respective industry. The Board also has the power of inspecting any plant

record, register, document or any material object, and can conduct a search in any place in

which there is reason to believe that an offence has been conducted under the Act.

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 Penalties are charged for acts that have caused pollution. This includes failing to furnish

information required by the Board, or failing to inform the occurrence of any accident or

other unforeseen act. An individual or organization that fails to comply with the directions

given in the subsections of the law can be convicted or punished with imprisonment for a

term of three months or with a fine of Rs10,000 or both and in case failure continues an

additional fine of Rs.5,000 everyday. If a person who has already been convicted for any

offence is found guilty of the same offence again, he/she after the second and every

subsequent conviction, would be punishable with imprisonment for a term not less than two

years but which may extend to seven years with fine.

 However it is also the responsibility of people in general to inform the relevant authority

when they see a likely source of pollution. Individuals can also do several things to reduce

water pollution such as using biodegradable chemicals for household use, reducing use of

pesticides in gardens, and identifying polluting sources at workplaces and in industrial units

where oil or other petroleum products and heavy metals are used. Excessive organic matter,

sediments and infecting organisms from hospital wastes can also pollute our water. Citizens

need to develop a watchdog force to inform authorities to take appropriate actions against

different types of water pollution. A polluter must pay for his actions. However preventing

pollution is better than trying to cure the problems it has created, or punishing offenders.

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