Total Word Count: 6000 words

(excluding footnotes, Table of

Contents, Abstract, References)

Table of Contents

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Submitted By

Vidjealatchoumy VGovernment Law College

Ernakulam

ENVIRONMENTAL PROTECTION IN INDIA

Abstract

1. Introduction ……………………………..................................................................... 6

2. The Concept and Background of the Deterioration of Environment …………,… 8

3. Environmental Protection in India …………………………………………………. 9

3.1. Legal Framework in India for Environmental Protection ……………………… 9

3.2. Constitutional safeguards for Environment ………………………………….. 10

3.3. Various Legislations on Environmental Protection ………………………...… 12

3.3.1. Environmental Laws in Ancient India

3.3.2. Environmental Laws in Medieval India

3.3.3. Environmental Laws in British India

3.3.4. Environmental Laws after Independence

4. Current Challenges – ZONEWISE ………………………………………………… 17

4.1. Eastern Zone

4.1.1. Bihar

4.1.2. Jharkhand

4.2. Southern Zone ………………………………………………………………… 18

4.2.1. Tamilnadu

4.2.2. Karnataka

4.2.3. Andhra Pradesh

4.3. Western zone …………………………………………………………………... 19

4.3.1. Kerala

4.3.2. Rajasthan, Punjab

4.3.3. Orissa

4.4. Central Zone …………………………………………………………………... 21

4.4.1 Delhi

4.4.2. Singrauli region

4.4.3. Shimla

4.5. Some hard facts about river pollution in India ……………………………….. 21

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5. The common concerns across the globe concerns India too …………………… 23

5.1. Global Warming

5.2. Ozone Depletion

5.3. Over Population

6. Role of Judiciary …………………………………………………………………… 24

6.1. Judicial Activism in protecting environment ………………………………… 24

6.2. The Environmental Principles enunciated and adopted by The Judiciary …… 25

7. Need of the Hour …….……………………………………………………………… 27

7.1. Public awareness and Public Participation

7.2. Corporate Social Responsibility

7.3. Penalising the polluters at Individual level

7.4. Fixing accountability for pollution on the respective Environmental

Engineers

7.5. Strengthening the Enforcement agencies

7.6. Green Accounting or Environmental accounting system to be crytalised and

Protecting Environment

8. Conclusion …………………………………………………………………………… 28

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Abstract

The Nature’s gift - Environment is an abounding legacy gifted to us by Mother Nature. It

is loaded enough to satisfy the need of every living being in this Planet. However the greedy man

exploits the abundant resources of the environment and the environment protection has become a

pressing issue in India and across the globe since 1950s.

The industrial and business activities are directly responsible for various environmental

problems such as soil erosion, land degradation, deforestation, over exploitation of non-

renewable natural resources, loss of bio-diversity, pollution of all kinds such as water, air,

marine, noise, light, etc.

This paper is an attempt to study the legal framework in India on Environmental

Protection and a close scan, zonewise, on the environmental challenges. This paper is divided

into eight main chapters.

Chapter I is the general Introduction into the topic.

Chapter II deals with the concept of Environment and the Environmental pollution.

Chapter III deals with the Legal Framework in India for Environmental Protection,

Constitutional Safeguard and the Various Legislations on Environmental Protection.

Chapter IV has been classified into 5 sub chapters dealing with Zonewise

challenges .under first four subchapters and overall river pollution in India in the fifth

subchapter.

Chapter V enumerates the common concerns across the globe that concerns India also.

Chapter VI gives a wide vista on the role of Indian Judiciary in Environmental

Protection.

Chapter VII put forth various need of the hour in Environmental Protection.

Chapter VIII is Conclusion, which is a nutshell of the whole content of the paper. It is

concluded that the Indian Environment is deteriorating at par with other countries in the world.

And it is high time that we, the citizens, raise our voice against pollution, polluters and the

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stakeholders, if not to put an end, at the least to curb the menace to the most possible extent.

Otherwise, the humanity will be at stake and no wonder be included in the extinct creatures list.

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CHAPTER 1

Introduction

- “Thirukkural” written by Thiruvalluvar 1

Translation : Where King, who righteous law regards, the sceptre wields, there

fall the showers, there rich abundance crowns the field

Meaning : Rain and plentiful crops will ever dwell together in the country of

the King who sways his sceptre with justice

Yes, in India it is the “The Judiciary” – The King - swaying its sceptre in order to

protect the Environment in India. But for the judicial intervention, the River Ganges

would have been a River of Biological waste of unburnt bodies, animal carcasses and

trade effluents and all of us would be walking with an Oxygen kit tied to our back.

A native American Proverb States that, “only when the last tree is cut, only when

the last river is polluted, only when the last fish is caught only when they will realize that

you cannot eat money”.

Earth provides enough to satisfy every man's needs, but not every man's greed -

Mahatma Gandhi.

1 The Thirukkural is a classic Tamil text consisting of 1330 couplets or kurals, dealing with the everyday virtues of an individual. Considered one of the greatest works ever written on ethics and morality, chiefly secular ethics, it is known for its universality and non-denominational nature. It was authored by Thiruvalluvar dated variously from 300 BCE to 7th century CE

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The Nature’s gift - Environment is an abounding legacy gifted to us by Mother

Nature. The environment protection has become a pressing issue in India and across the

globe since 1950s.2 

The industrial and business activities are directly responsible for various

environmental problems such as soil erosion, land degradation, deforestation, over

exploitation of non-renewable natural resources, loss of bio-diversity, pollution of all

kinds such as water, air, marine, noise, light, etc.3

This year's Earth Overshoot Day has come a little early, meaning we have

already exhausted the allowance for water, soil, clean air and other resources for

2017. Previously known as the Ecological Debt Day, debt in the sense that from that

day on mankind would survive on credit till 31st December. The WWF and the

Global Footprint Network released a date for our overshoot this year, on 2 August4.

In this paper we will analyse the Environmental Protection framework in India

under various chapters. With the above outline, we shall proceed to understand the

Concept of Environment and its Deterioration in the next chapter

CHAPTER – II

2 The most earliest tragedy like Minamata mercury poisoning in Japan happened in 19563 Prakash (2016), Asian Journal of Research in Social Sciences and Humanities, Vol. 6, No.7, pp. 1690-1705. 16914 https://www.indiatimes.com/news/world/we-have-officially-exhausted-more-natural-resources-than-the-planet-can-produce-in-2017_-327070.html. Accessed on 10.11.2017

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The Concept and Background of the Deterioration of Environment

The “Environment” comprises of all entities, living and non-living, natural or

manmade, external to one self and their inter-relationships, which provide value, now or

perhaps in the future, to humankind. The non-living components of environment are

land, water and air. The living components are germs, plants, animals and people.

As per Section 2 (a) of The Environment (Protection) Act, 1986, “Environment”

includes water, air and land and human beings, other living creatures, plants, micro-

organism and property.

Any unfavourable change or degeneration in the environment is known as

“Environmental Pollution”. India stands as the 17th most polluted country with the

Pollution Index of 76.635

The need for conservation and sustainable use of natural resources has been

expressed in Indian scriptures, more than three thousand years old and is reflected in the

constitutional, legislative and policy framework as also in the international commitments

of the country.6

The general view is that Economic Development is antithetic to Healthy

Environment. But, there should be a hand shake between the Economic growth and

environmental quality for the welfare of the mankind.

The increased industrial activities, dumping of solid wastes, increased usage of

vehicles and emission of harmful smoke, population over growth, combustion of fossil

fuels, increased usage of fertilizers and pesticides, rapid urbanisation and industrialisation

impose great threat to the environment. Offlate, the so called e-Waste (Electronic Waste)

has become a massive threat to the environment. The Municipal waste is another veiled

culprit of environmental deterioration.

5 https://www.numbeo.com/pollution/rankings_by_country.jsp. Accessed on 09.11.20176 Dubashi, R.P., Administrative Autonomy, IJPA, Oct – Dec 1998, p. 850

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CHAPTER –III

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Environmental Protection in India

3.1. Legal Framework in India for Environmental protection

Even before India's independence in 1947, several environmental legislation

existed but the real impetus for bringing about a well-developed framework came only

after the UN Conference on the Human Environment (Stockholm, 1972). Under the

influence of this declaration, the National Council for Environmental Policy and Planning

within the Department of Science and Technology was set up in 1972. This Council later

evolved into a full-fledged Ministry of Environment and Forests (MoEF) in 1985 which

today is the apex administrative body in the country for regulating and ensuring

environmental protection.

The MoEF and the pollution control boards (CPCB i.e. Central Pollution Control

Board and SPCBs i.e. State Pollution Control Boards) together form the regulatory and

administrative core of the sector.

A policy framework has also been developed to complement the legislative

provisions. The Policy Statement for Abatement of Pollution and the National

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Conservation Strategy and Policy Statement on Environment and Development were

brought out by the MoEF in 1992, to develop and promote initiatives for the protection

and improvement of the environment. The EAP (Environmental Action Programme) was

formulated in 1993 with the objective of improving environmental services and

integrating environmental considerations in to development programmes.

With this chalk out on the legal framework in India for Environmental Protection,

let us look into the Constitutional Safeguards.

3.2. Constitutional Safeguards for Environment

In the light of the promise made at the Stockholm conference, the Indian

Parliament passed the 42nd Amendment to the Constitution of India in 1976 and

incorporated environmental concerns in the Directive Principles of State Policy and

Fundamental Rights and Duties. Thus, India became the FIRST country in the world to

have provisions on environment in the Constitution7. Following are the various

constitutional provisions with respect to the protection of environment in India.

3.2.1. Article 48-A8

The State's responsibility with regard to environmental protection has been laid

down under this Article as Directive Principles of State Policy

3.2.2. Article 51-A (g)9

Environmental protection is portrayed as a fundamental duty of every Indian citizen under this article

3.2.3. Article 2110 is a fundamental right: 7 Edited by Manmohan Singh Gill, Jasleen Kewlani, Environmental Conscience: Socio-Legal and Judicial Paradigm, 2009, Concept Publishing Company, Page 2718 Article 48-A : "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country"

9 Article 51 A(g) : "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures"10 Article 21 : "No person shall be deprived of his life or personal liberty except according to procedure established by law”

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The Right to Pollution Free Environment was declared to be a part of Right to Life under

Article 21 of the Constitution of India in a case11.

3.2.4. Article 47

The State's responsibility with regard to raising the level of nutrition and the

standard of living and to improve public health has been laid down under this Article12.

3.2.5. The subjects related to environment in the seventh schedule of the

Constitution:

The Indian constitution has placed environment in the priority list and has include

various aspects of environment in all the three lists (Union, State and Concurrent List)13

under Seventh Schedule providing for Environmental Protection.

As conferred by Article 246(1)14, the Union is supreme to make any law over the

subjects enumerated in List I. The States, under Article 246 (3)15, enjoy exclusive power

11 Subhash Kumar v. State of Bihar and Ors., 1991 SCC (1) 59812 "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health."

13 Union List Entries52 Industries... public interest53 Regulation and development of oil fields and mineral oil resources... dangerously inflammable54 Regulation of mines and mineral development...56 Regulation and development of inter-State rivers and river valleys...57 Fishing and fisheries beyond territorial waters

State List Entries 6 Public health and sanitation...14 Agriculture... protection against pest and prevention of plant diseases18 Land, ...colonisation21 Fisheries23 Regulation of mines and mineral development subject to the provisions of List-I...24 Industries subject to the provisions of List-I

Common or Concurrent List Entries 17A Forests17B Protection of wild animals and birds20 Economic and social planning20A Population control and family planning

14 Article 246. (1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”)15 Article 246 (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in

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to legislate on the entries contained in List II, and both the Union and the States under

Article 246(2)16 have concurrent jurisdiction on entries contained in List III. In the event

of a clash, the Union enjoys a primacy over States in that its legislation in the Union and

the Concurrent List prevails over State legislations. Also, the Parliament has residuary

powers to legislate on any matter not covered in the three Lists (Article 248)17.

3.3. Various legislations on environmental protection

3.3.1. Environmental Laws in Ancient India

In Hindu theology forests, trees and wildlife protection held a place of special

reverence. Cutting green trees was prohibited and punishment was prescribed for such

acts. Under the Hindu culture moral injunctions acted as guidelines towards

environmental preservation and conservation. For instance, to maintain the quality of

water and to avoid the water pollution, Manu advised not to contaminate water by urine,

stool or coughing, un-pious objects, blood and poison18. Yagyavalkya Smriti and Charak

Samhita give many instructions for the use of water for maintaining its purity19. Under the

Arthashastra, various punishments were prescribed for cutting trees, damaging forests,

and for killing animals.

3.3.2. Environmental Laws in Medieval India

During the Moghul period environment conservation did not receive much

attention20. There was no restriction on cutting of trees and hence forests shrank steadily

in size. The religious policy of Akbar based on the principal of complete tolerance

reflected concern for protection of birds and beasts in so much so as endeavours were

taken during his reign to stop their unnecessary killing. During medieval era, a set of

this Constitution referred to as the “State List”)16 Aticle 246 (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”)17 Article 248. (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List18 Kailash Thakur, Environmental protection Law and Policy in India, 1997, Deep and Deep Publications, New Delhi, pg. 10319 ibid20 ibid

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legal principles were inducted, governed by the holy Koran which declares that “we made

from water every living things”21. Prophet Mohammed stated that “Do not overuse water

even if you are on a running river”22

3.3.3 Environmental Laws in British India

The earliest Act on the statue book concerning control of water pollution in India

is Shore Nuisance (Bombay and Kolaba) Act, 1853 and The Oriental Gas Company

Act of 1857

1. In 1958, The Merchant Shipping Act, 1858 was passed to deal with prevention of

pollution of sea by oil

2. Then came the Indian Penal code, 1860 wherein the water and atmospheric

pollution was controlled through criminal sanctions under Section 27823

3. The Serais Act, 1867 urged a keeper of Serai or an inn to keep a certain quality

of water fit for consumption by “persons and animals using it”. Failure for

maintaining the standard entailed a liability of rupees twenty

4. The North India Canal and Drainage Act, 1873 listed certain offences under

the Act contained in Section 70 and imposed a fine not exceeding fifty rupees, or

an imprisonment not exceeding one month, or both

5. Section 8 of the Obstruction in Fairways Act, 1881 empowered the Central

Government to make Rules to regulate or prohibit the throwing of rubbish in any

fairway leading to a port causing or likely to give rise to a bank or shoal

21 Holy Quran, Soorah Al-Anbea, verse 3022 Edited by Rattan Lal, B.A. Stewart, Soil Management of Smallholder Agriculture, 2014, CRC Press, United States23 Section 278. Making atmosphere noxious to health.—Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees

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6. The Indian Easements Act, 1882 - Illustrations (f), (h) and (j) of Section 7 of

the Act deal with pollution of Waters 24

7. The Section 5 of the Indian Fisheries Act, 1897 prohibits destruction of fish by

poisoning waters

8. The Indian Ports Act, 1908 regulated Water pollution by oil

9. The Bengal Smoke Nuisance Act of 1905 and Bombay Smoke Nuisance Act

of 1912 were the earlier laws enacted during the British Raj, aimed at controlling

air pollution

The overall approach during British rule seems to be territorial and limited

towards a specific issue or a subject matter and not on overall protection of Environment.

3.3.4. Environmental Laws after Independence

As mentioned in the earlier chapter, the momentum for protecting the

Environment gathered mass only after the Stockholm Conference in 1976. Here

are some of the Legislations on Environmental Protection.

24 Section 7. Easements restrictive of certain rights... Illustration (f) :  The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons

(h) The right of every owner of land that the water of every natural stream which passes by, through or over his land in a defined natural channel shall be allowed by other persons to flow within such owner's limits without interruption and without material alteration in quantity, direction, force or temperature; the right of every owner of land abutting on a natural lake or pond into or out of which a natural stream flows, that the water of such lake or pond shall be allowed by other persons to remain within such owner's limits without material alteration in quantity or temperature

 (j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume the water for irrigating such land and for the purposes of any manufactory situate thereon: Provided that he does not thereby cause material injury to other like owners.

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The Water (Prevention & Control of pollution) Act, 1974

The main aim and object of the Act of 1974 is ‘to maintain or restore the

wholesomeness of water and to prevent, control and abate water pollution’. Water

quality standards especially those for drinking water are set by the Indian Council

of Medical Research. These bear close resemblance to WHO standards

The Air (Prevention and control of Pollution) Act, 1981

This Act provide control, prevention and abatement of air pollution and provide

for the establishment of Boards and to lay down the standards to maintain the

quality of air25

The Forest (Conservation) Act, 1980

The Forest Conservation Act 1980 was enacted to help conserve the country's

forests. It strictly restricts and regulates the de-reservation of forests or use of

forest land for non-forest purposes without the prior approval of Central

Government. To this end the Act lays down the pre-requisites for the diversion of

forest land for non-forest purposes.

Environment (Protection) Act, 1986 and The Environment (Protection) Rules, 1986

The EPA (Environment Protection Act), 1986 came into force soon after the

Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps

in the existing laws to protect the environment

The Wildlife (Protection) Act, 1972, Amendment 1991

An amendment in the year 1991 resulted in the insertion of the special chapters

dealing with the protection of specified plants and the regulation of zoos. This

also recognized the needs of tribal and forest dwellers and changes were

25 Shastri S.C, “Environmental Law”, Third Edition, 2008, Eastern book company, Lucknow,

India pg 242

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introduced to advance their welfare. The near-total prohibition on hunting was

made more effective by the Amendment Act of 1991

The National Environment Appellate Authority Act, 1997

As Environment degradation increased in India by many disasters, Honourable

Supreme Court of India and Indian Government felt the need for setting up of

environmental Courts to look in to the matters relating to environmental issues as

damages caused to the environment. This act deals with the Constitution of

Appellate Authority and matters relating to it

The Biodiversity act, 2002

India contains a great wealth of biological diversity in its forests, its wetlands and

its marine areas.  Though all these legislations laid impetus on the conservation of

the environment, yet none of them properly addressed all the dimensions of the

ecological and biodiversity preservation. The objectives of the Biodiversity Act

are: Conservation of Biological diversity, Sustainable use of its components and

Fair and equitable sharing of the benefits arising out of utilization of genetic

resources

The National Green Tribunal Act, 2010

Owing to the vow India made to the participating States to provide judicial and

administrative remedies for the victims of the pollutants and other environmental

damage during the Rio de Janeiro summit of United Nations Conference on

Environment and Development in June 1992, India the National Green Tribunal

Act, 2010  was rolled out to quickly dispose of environmental protection cases.

CHAPTER - IV

Current Challenges – ZONEWISE

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In this section, we will scan through Mother India, zonewise, for the threats and

challenges she is facing.

4.1. EASTERN ZONE

4.1.1 Bihar

The water and air in the middle Ganga-plain is contaminated by Arsenic. The

contamination was first deducted by the School of Environmental studies, Jadavpur

University in 200226. Arsenic has entered Bihar’s drinking water from the Himalayas,

washed down in the form of arsenopyrite, and settled in riverbeds along the Gangetic

plain as silt.

Arsenic poses the greatest threat to public health27. Bihar’s heavy cancer burden is

largely due to high levels of arsenic in its groundwater. Pollution standards in India peg

arsenic concentrations above 50 parts per billion as harmful. This is higher than the

permissible limit of 10 parts per billion of arsenic in drinking water set by the United

States28.

4.1.2. Jharkhand

The State of Jharkhand has immensely rich mineral resources amounting to

approximately 50% of the countries resources. Several Steel giants, Thermal Power

Generation Units and aluminium plants are dependent on supply of iron, coal and bauzite

available in the State. Uncontrolled mining was the bane for Jharkhand. Large tracts of

forests are turned into wasteland. According to the Union Ministry of Environment and

26 http://www.soesju.org/arsenic/groundwater_bihar.htm Accessed on 10.11.201727 Chakrabarty, D., “ Arsenic Orphans”, Banabithi, Environmental Special Issue, Dept. of Environment and Forest, Govt. of West Bengal, India, June 1989, 7-1628 https://scroll.in/pulse/835431/ignored-arsenic-contamination-in-bihars-water-has-led-to-an-explosion-of-cancer. Accessed on 01.11.2017

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Forests, between 1985-2004, more than 9000 hectares of forest land had been diverted for

mining in Jharkhand29.

4.2. Southern Zone

The 2015 South Indian floods resulted from heavy rainfall generated by the

annual northeast monsoon in November–December 2015. They affected the Coromandel

Coast region of the South Indian states of Tamil Nadu and Andhra Pradesh, and the union

territory of Puducherry, with Tamil Nadu and the city of Chennai particularly was hit

hard. The main reasons for this massive hit are Unregulated Urban planning and illegal

construction, improper design and maintenance of drainage systems, of which the earlier

one is highest contributing factor.

4.2.1 Tamilnadu

Tamilnadu is facing a serious threat of River Pollution. River CAUVERY, the

biggest river which flows from Karnataka is polluted by the discharge of wastages from

the leather and paper industries in Erode. River Bhavani, the second largest river in

Tamilnadu is polluted by the factories in Erode. River Amaravathi from Thirumoorthy

hills is also polluted by industrial discharges. This river alongwith River Bhavani,

pollute River Cauvery when they join it. River Noyyal in Coimbatore and Tirupur

District of Tamilnadu is polluted by various dying and bleaching units running there.30

“The State capital that had 650 lakes till 1980 to receive any quantity of rainwater had

only 27 lakes in 2008 due to rampant encroachment. As these lakes are being

meticulously destroyed for commercial purposes, even these 27 existing lakes are facing

serious threat”31 

29 http://www.cseindia.org/node/442. Accessed on 20.11.201730 http://www.tamilspider.com/resources/9226-The-polluted-rivers-its-impacts-Tamil-Nadu.aspx. Accessed on 21.11.201731 http://www.thehindu.com/news/national/tamil-nadu/students-explore-reasons-for-chennai-flood-in-detail-at-expo/article7994799.ece. Accessed on 06.11.2017

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4.2.2. Karnataka

Bellandur Lake is the largest lake in the city and is believed to be originally a

tributary of the Dakshina Pinakini river (the Ponnaiyar River). The lake was constructed

during the 4-5th century to 10th century CE. It has become a symbol of the city’s

struggle with waste management. Waves of froth were seen spewing in Aug 2017,

spilling onto roads and carried by winds blanketing cars and leaving neighbourhoods with

a severe stink.32

4.2.3. Andhra Pradesh

Water from a septic tank is being let out into irrigation canal and the same is

being supplied as drinking water after a little treatment. If a farmer needs water for his

field, the nearby canal is filled with drain water. This has been going on for the last two

decades in the Konaseema region with or without the knowledge of the public. The main

source for irrigation in East Godavari district is the Godavari. The canal water is used for

drinking purpose after being treated. But at Kothapeta, Ravulapalem, and Amalapuram

the major drains are connected to Central Delta main canal.33

4.3. WESTERN ZONE

The western ghatt region is the one of the 36 biodiversity hotspots in the

whole world.34 The major cause for the loss of biodiversity is due to the degradation of

native agricultural eco system, mechanized farming, large conversation of agricultural

land, unregulated and illegal sand mining, forest fire, soil erosion etc.

32 http://www.hindustantimes.com/india-news/watch-cars-disappear-into-waves-of-foam-as-bengaluru-s-bellandur-lake-froths-again/story-8CV4HKB9qfqOb1AfUJ4ykJ.html. Accessed on 11.11.201733 http://www.thehindu.com/news/national/andhra-pradesh/water-pollution-a-perennial-problem-in-konaseema-region/article8613086.ece. Accessed on 19.11.201734 http://www.biodiversityofindia.org/index.php?title=Biodiversity_hotspots_in_India. Accessed on 21.11.2017

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4.3.1. Kerala

Uncontrolled sand mining The main reason for destruction of rivers ecology in

kerala is indiscriminate and uncontrolled sand mining. All the 44 rivers in kerala are

facing these problems. When the sand is removed from the river belt, it reduces the

availability of water in the well and canals near to rivers because of water table down.

4.3.2 Rajasthan, Punjab

The state has the fifth highest consumption for pesticides in the country. The

report noted that the due to excess use of pesticides, organisms develop resistance and

lead to major health issues. The total area covered under mining activities stands at

1,07,000 hectares, making Rajasthan the leading state in the sector and similarly leading

in the pollution too. The burning of crops in Punjab and Sriganganagar district has made

the situation alarming in Northern Rajasthan.

Punjab faces a serious threat of heavy air pollution . The moderate limit if AQI

(air quality index) is between 101 to 220 although the satisfactory limit is upto 100. In

2016, the AQI reached 497 which has a respiratory effect even on healthy people35. In

October and November every year, nearly 19.7 million tonnes of paddy straw is burnt in

the state.

4.3.3. Orissa

The high level of degradation is due to the heavy tapping of mineral resources

from a dozen open cast mines in the area over 70 years36.

35 http://indianexpress.com/article/cities/as-punjabs-pollution-deteriorates-state-pollution-board-issues-instructions-for-green-diwali-4888245/. Accessed on 12.11.201736 http://www.hindustantimes.com/india/odisha-s-story-about-pollution-mining-and-the-environment/story-Y3t9TxTCqh3M8EBGhmBfXL.html, Accesses on 21.11.2017

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Odisha’s rivers  such as Brahmani, Baitarani, Ib, Nagabali, Kuakhai, Kathajodi,

Daya and Ruishikulya are facing heavy industrial pollution due to industrial discharge,

discharge of domestic waste of urban centres such as Rourkela, Angul and Talcher and

in-flow of untreated water from chromite mines in Sukinda Valley of Jajpur district, the

latest CAG report on the Economic Sector pointed out37.

4.4. Central Zone

4.4.1 Delhi

Up to 90% of the pollution in northern India is caused by farmers burning stubble

to clear fields in the neighbouring states of Punjab and Haryana. It makes Delhi, one of

the worst polluted cities in the world, with the current smog issue. On 8 November 2017

the PM 2.5 levels38 shot up to 449 (recommended is 60 micrograms). At the same time

PM 1039 shot to 663. A Health Emergency was declared in capital by the Central

Government of India in order to cope with the extrusive amount of polluted air. The day

was declared as a holiday for Schools, offices and other government centers. Banning the

stubble burning in the immediate remedy to address the issue.

4.4.2 Singrauli region, a major power hub of the country, is dotted with coal

mines and coal-fired thermal power plants. Most of the coal mines are located on the border

of Uttar Pradesh and Madhya Pradesh. The area also has aluminium smelting plants,

chemical industry, cement industry, stone crushers and other industries. Singrauli, with a

CEPI score of 81.73, was rated the ninth most critically polluted area of India. 40

4.4.3 Shimla

37 ibid38 Particles less than or equal to 10 micrometers in diameter are so small that they can get into the lungs, potentially causing serious health problems. Coarse dust particles (PM10) are 2.5 to 10 micrometers in diameter.39 ibid40 http://www.downtoearth.org.in/news/singrauli-pollution-a-matter-of-serious-concern-admits-high-power-panel-43712. Accessed on 02.11.2017

22

Baddi-Barotiwala-Nalagarh (BBN) in Nalagarh tehsil of Solan District,

Himachal Pradesh, witnessed rapid industrialization since 2003 when the Central

Government announced an industrial subsidy package for the state. Since then, close to

3000 units have come up in the area. Most of them are highly polluting in nature, like

pharmaceuticals, chemicals, plastics, dying units and boilers causing problems in a

stretch of almost 35 kms with 21 Panchayats and 115 villages being affected41.

4.5. Some hard facts about river pollution in India 42

Surveys undertaken by the Central Pollution Control Board (CPCB) and the

Centre for Science and Environment (CSE) have come up with some hard facts on river

pollution, in terms of statistical figures, which makes it a matter of really serious concern:

Out of the 445 rivers surveyed, not even a quarter of them are fit for bathing

Indian cities generate 10 billion gallons or 38 billion litres of municipal waste

water every day, out of which only 29% of it is treated

The Central Pollution Control Board also stated that there were only 160

sewerage systems and sewage treatment plants in nearly 8,000 towns surveyed in

2011

Extreme cases of pollution in river Ganga and Yamuna

Yamuna has become a garbage dump area with more than 57 % of Delhi’s waste

thrown into it

Only 55% of Delhi’s residents are connected to a proper sewerage system

Ganga is considered to be the most polluted river in India

Ganga contains 60,000 faecal coliform bacteria per 100 ml, which is a threat to

human health

41 https://himachalwatcher.com/2017/06/05/pollution-in-himachals-bbn-industrial-hub-reaching-critical-levels-petition-asks-hp-pcb-to-act/. Accessed on 21.11.201742 https://www.mapsofindia.com/my-india/society/river-pollution-in-india-who-will-bell-the-cat. Accessed on 15.11.2017

23

CHAPTER - V

The common concerns across the globe concerns India too –

Sea levels are rising and oceans are becoming warmer. More intense droughts threaten

crops, wildlife and freshwater supplies. Let us see the reasons for this situation in this

Chapter.

5.1. Global Warming or Climate Change

24

Greenhouses gases, such as carbon dioxide, trap heat in the atmosphere and regulate our

climate. These gases exist naturally, but humans add more carbon dioxide by burning

fossil fuels for energy (coal, oil, and natural gas) and by clearing forests. Everything that

affects the environment adversely is a contributing factor in global warming.

5.2. Ozone Depletion

The depletion of ozone layer allows entering of UV rays from sun into the earth’s

atmosphere which is associated with a number of health related and environmental

issues. 

5.3. Over population

India is the second largely populated country in the world. As the population

grows, more wilderness is taken over to make room for infrastructure, more materials are

produced resulting in more pollution.

CHAPTER – VI

Role of Judiciary

6.1. Judicial Activism in Protecting Environment

6.1.1 Sanitation in Ratlam43: In this landmark judgment in 1980, the Supreme

Court linked basic public health facilities to human rights and compelled the municipality

43 Municipal council, Ratlam v. Shri Vardhichand & Ors., (1980) AIR 1622, 1981 SCR (1) 97, 1980 SCC (4) 162

25

to provide proper sanitation and drainage. However, according to numerous reports, little

has changed in Ratlam today. 

6.1.2 Doon valley quarrying44: In 1987, the Supreme Court balanced

environmental and ecological integrity against industrial demands on forest resources. It

directed the authorities to stop quarrying in the Mussoorie hills, but today, mining

continues unchecked in the interior valleys. 

  6.1.3 Gas leak in Shriram factory: In the historic case of the oleum gas leak in

1986, the Supreme Court ordered the management to pay compensation to the victims of

the gas leak. The "absolute liability" of a hazardous chemical manufacturer was

introduced in this case.

  6.1.4 Ganga Pollution45:  In a historic judgement in 1987, the court ordered the

closure of a number of polluting tanneries near Kanpur. It was observed: "Just like an

industry which cannot pay minimum wages to its workers cannot be allowed to exist, a

tannery which cannot set up a primary treatment plant cannot be permitted to continue to

be in existence." 

  6.1.5 Pollution in Bichhri, Rajasthan46: Effluents from an H-acid factory in

Bichhri village in Rajasthan polluted the ground water. In 1990, the court ordered to

remove the sludge from the factory. Not only does the sludge still pollute Bichhri's

drinking water, but no compensation has been paid to the residents either. 

6.1.6 Mining in Sariska 47:  In 1991, the court banned mining in the Sariska

Wildlife sanctuary, but mining continues nevertheless.

6.1.7 Environmental awareness and Education:48 The Supreme Court ordered

the Cinema theatres all over the country to exhibit two slides free of cost on environment 44Rural Litigation & Entitlement.. v. Ste of U.P. 1989 AIR 594; 1989 SCC Supl. (1) 53745 M.C. Mehta v. Union of India, 1988 AIR 1115; 1988 SCR (2) 53046 Indian Council For Enviro-Legal Action v. Union Of India And Ors., 1996 AIR 1446, 1996 SCC (3) 212

47  Tarun Bharat Sangh v. Union of India, 1992 Supp (2) SCC 44848 “M.C. Mehta vs. Union of India, 1992 AIR 382; 1991 SCR Supl. (2) 378

26

in each show. The Television networks in the country were directed to broadcast 5 to 7

minutes on environment apart from giving a regular weekly programme on environment.

Environment has become a compulsory subject up to 12th standard from academic

session 1992.

In all the above cases, despite the judgment of the Apex court nothing much has

changed. The main reason for this is the Failure of the Enforcement Mechanism. Who is

responsible for such a lethargic way of handling the environment despite a direction from

the Supreme Court of India? Is it the State, the respective Pollution Control Boards, the

respective Municipality or the Corporation...? The list will go on.. until the people of

India, the local residents take up the responsibility and raise their voice against to

Polluters and start questioning the stake holders.

6.2 The Environmental Principles enunciated and adopted by The Judiciary

6.2.1 Public Liability and Public Nuisance

In Oleum Leakage Case49  the concept of Public Liability was discussed. It is a

landmark judgment in which the principle of Absolute Liability was laid down. The

instant case evolved the “Deep Pocket Principle”50

6.2.2 Sustainable Development

An NGO named RLEK filed a case against limestone quarrying in the valley in

198751, in which the concept of “Sustainable Development” was enunciated by the

Honourable Supreme court.

49 M.C. Mehta and Anr. Etc vs. Union Of India and Ors., 1986 SCR (1) 31250 Under the “Deep Pocket Principle” the victims injured by the negligence of several others can collect 100 percent of the damages from one person or company if the person or company is heavily insured and can afford to pay, even if it was only 1 percent at fault51 Rural Litigation and Entitlement Kendra (RLEK), Dehradun v. State of Uttar Pradesh, AIR 1987 SC 2187

27

6.2.2 Environmental Impact Assessment

POLLUTER PAYS PRINCIPLE : It was held in this case52 that the financial costs

of preventing or remedying damage caused by pollution should lie with the undertakings

which cause the pollution

6.2.4 Public Trust and Right to Life

In 1996, the Supreme Court passed a judgment that held the State more

responsible for maintaining natural resources.53

CHAPTER - VII

Need of the hour

7.1. Public awareness and Public Participation

Only through Public participation the menace of Pollution can be curbed. Mother

Nature needs our help to rejuvenate and to nurture her future generations. We all

know that ”Cleanliness begins at home”. It is time that we extend the cleanliness

52 Indian Council for Enviro-Legal Action v. Union of India ,AIR 1999 SC 150253 M.C.Mehta v. Kamal Nath and Ors. (1996).

28

from Home to the nearest surrounding at least which would in turn ensure Clean

Nation.

7.2. Corporate Social Responsibility

The State Pollution control boards can design Corporate social programmes for

the Corporates functioning in the State focusing on the environmental issues and

needs of the State.

7.3. Penalising the polluters at Individual level

Not only the industries that pollute to be penalized, the individuals who dump

their municipal / domestic waste without proper disposal are to be penalized also.

The municipalities and corporations have to develop a street wise monitoring

system to have a check on the domestic waste.

7.4. Fixing accountability for pollution on the respective Environmental

Engineers

7.5. Strengthening the Enforcement agencies

A Proper enforcement agency to be set-up Statewise to implement the directions

of the court. At many places like Sariska Reserve, Doon Valley mines, quarrying

thrive despite the Court ban under guise. Such activities have to be criminalized.

7.6. Green Accounting or Environmental accounting system to be

crytalised and implemented in all Industries / Corporates

29

CHAPTER - VIII

Conclusion

Bureaucratic incompetence and political greed can be blamed for the current

scenario not only in India, but across the globe. Though protection against mining is more

than adequate on paper, the sheer langour of state officials in enforcing the law has

allowed mining to flourish. It is very clear that the State governments have refrained from

acting so far, due to enormous clout that the mine-owners have with the Central and state

governments.

30

The pollution control board, which is the major stake holder was very lethargic

and was defunct across the nation and was just an office to fill-up political vacancies.

It is high time that all the stakeholders are looped-in to ensure check and balance

system in implementing, at the least, the court orders which would curb the menace of

pollution to a greater extent. There would be no wonder if Human is included in the

Extinct creatures list. The Earth does not need Humans for it to Exist, but we need Earth

for our existence.

Let us unite, give a big hoot to those who pollute and leave fresh air, clean water

and healthy land for our next generation.

“Pollution – If you Don’t kill it, it will Kill you”

References

Books

Shyam Divan Armin Rosencranz, Environmental Law and Policy in India, Second

Edition, 2014, Oxford University Press, New Delhi, India

P. Leelakrishnan, Environmental Law in India, Third Edition, 2012 Reprint, Lexis Nexis,

Nagpur, India

Dr. Vidhya Bhagat Negi, Environmental Laws – Issues and Concerns, 2011, Regal

Publications, New Delhi, Punjab

31

Sumeet Mailk, Environmental Law, First Edition, 2008. Eastern Book Co., New Delhi,

India

Dr. S.K. Myneni, Environmental Studies, 2013 Reprint, Asia Law House, Hyderabad,

India

Patricia Birnie, Alan Boyle, “International Law and the Environment”, Second Edition,

2001, Oxford University Press, New Delhi, India

Kailash Thakur, “Environmental protection Law and Policy in India”, 1997, Deep and

Deep Publications, New Delhi, India

Edited by Rattan Lal, B.A. Stewart, “Soil Management of Smallholder Agriculture”,

2014, CRC Press, United States

Shastri S.C, “Environmental Law”, Third Edition, 2008, Eastern book company,

Lucknow, India

Edited by Manmohan Singh Gill, Jasleen Kewlani, “Environmental Conscience: Socio-

Legal and Judicial Paradigm”, 2009, Concept Publishing Company

Acts

The Merchant Shipping Act, 1858

The Serais Act, 1867

Indian Penal code, 1860

The North India Canal and Drainage Act, 1873

Obstruction in Fairways Act, 1881

The Indian Easements Act, 1882

Indian Fisheries Act, 1897

T he Indian Ports Act, 1908

32

The Bengal Smoke Nuisance Act of 1905

Bombay Smoke Nuisance Act of 1912

The Bengal Smoke Nuisance Act of 1905

Bombay Smoke Nuisance Act of 1912

The Water (Prevention & Control of pollution) Act, 1974

The Air (Prevention and control of Pollution) Act, 1981

T he Forest (Conservation) Act, 1980

Environment (Protection) Act, 1986 and The Environment (Protection) Rules, 1986

The Wildlife (Protection) Act, 1972, Amendment 1991

The National Environment Appellate Authority Act, 1997

The Biodiversity act, 2002

The National Green Tribunal Act, 2010

Articles

Prakash (2016), Asian Journal of Research in Social Sciences and Humanities, Vol. 6,

No.7, pp. 1690-1705. 1691

Dubashi, R.P., Administrative Autonomy, IJPA, Oct – Dec 1998, p. 850

Chakrabarty, D., “ Arsenic Orphans”, Banabithi, Environmental Special Issue, Dept. of

Environment and Forest, Govt. of West Bengal, India, June 1989, 7-16

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