LFE – UNIT 1

POLLUTION
Ø Pollution is the introduction of damaging or poisonous entities into the natural environment. Equally, it also means
the presence of undesirable materials in the natural environment or the state of natural environment being
contaminated with potentially harmful substances as an outcome of human activities. The pollutants are jointly
termed as contaminants because they contaminant and alter the natural environments.
Ø In particular the natural environments exposed to pollutants are water, air and land.
Ø The presence of substances (such as liquid, gas or solid) and energy (such as heat, noise, light, radiation) whose
qualities directly or indirectly affects the natural environments process in whole or by part and has the potential to
or can cause damage to the health of human life defines pollution.
Ø Types:
§ Air
§ Intro of harmful substances to air – detrimental to human life
§ AP makes air unclean and contaminated
§ Gases, odour, dust, fumes
§ Examples – Hydrocarbons, organic substances, dust, carbon monoxide, sulphur dioxide, nitrogen oxides.
§ Artificial Sources – power plants
§ Natural sources – volcanic eruptions, forest fires (Bandipur)
§ Water
§ Contaminating water bodies – rivers, oceans, lakes, streams, aquifiers etc
§ Chemicals, waste matter, contaminated substances
§ Any alterations in the chemical, physical or biological properties of water qualify as WP
§ Primary contributors to WP is human activities
§ Point Source WP is when WP occurs from a single identifiable source
§ Non-point source WP occurs as a cumulative effects of various contaminants
§ Groundwater WP occurs through infiltration and affects groundwater resources like wells and aquifiers
§ Water is the second most polluted natural resource after air
§ Land
§ LP is the destruction of earth’s land resources in terms of use, landscape and inability to support life forms
§ Directly and indirectly caused by human activities
§ LP occurs when waste and garbage is not disposed in a proper manner
§ It also occurs when people introduce chemical substances into soil through fertilizers, herbicides,
pesticides etc
§ Primary Sources: Acid Rain, construction sites, mineral exploitation, agricultural chemicals
§ Soil
§ Takes places when soil is contaminated by chemicals or degraded by things like mining, removal of
vegetation cover or topsoil erosion
§ Usually happens when human activities indirectly or directly introduce hazardous and chemical
substances in to the soil thereby affecting the immediate earthly environment
§ As a result, soil loses its value of natural minerals and nutrient composition
§ Soil degradation also contributes to soil pollution and it occurs as a result of over-grazing, over-farming
and mining activities
§ Noise
§ Is mostly undesirable sound or sound which generates a horrible discomfort in the ears
§ It is defined as unpleasant and undesirable sound levels that causes serious discomfort to all living things.
§ It is measured in decibels (dB)
§ Sound levels above 100dB can cause permanent hearing loss and sound levels above 90dB can cause
auditory weakness
§ The industrial sound limit according to WHO is 75dB
§ In the contemporary society, noise pollution has become a permanent aspect owing to transportation,
industries and technology.
§ In contrast to other sources of pollution, NP lacks the property of being accumulated in the environment
§ It merely occurs when sound waves of intense pressure reaches the ears. It also affects the muscles due to
the heavy pressure of the waves
§ Thermal
§ TP occurs when water bodies are degraded in terms of altering their temperatures.
 § Commonly happens when industries undertake activities that suddenly result in the sudden increase or
decrease of temperatures of water bodies
§ In the current era, TP has become a menace and usually the result of industries using water as a coolant or
when the stormwater runoff from parking lots, roads and water with elevated temperatures etc are
dumped into the water bodies.
§ Has dire consequences on aquatic life and local ecosystems
§ Industrial
§ IP is the release of wastes and pollution generated by industries into the natural environments be it air,
water or land
§ IP can adversely damage plants, kill animals and also bring about serious imbalances in the ecosystem
§ Sources: Power plants, Steel mills, sewage treatment plants, heating plants
§ Light
§ Occurs with the lengthened and excessive use of bright artificial lights such that it results in the
brightening of skies at night
§ This results in the activities and natural cycles of the wildlife and also has significant impacts on the
activities and natural cycles of human life

ENVIRONMENTAL LEGISLATION IN INDIA WITH CASE LAWS

Ø Need for protection, conservation of environment and sustainable use of natural resources is reflected in the
constitutional framework of India and also in the International Commitments of India
Ø The Constitution under Part IVA (Article 51A - Fundamental Duties) casts a duty on every citizen of the country to
protect and improve the natural environment including lakes, forests, rivers, wildlife and also to have compassion
for all living beings
Ø The Constitution under Part IV (Article 48 – Directive Principles of State Policies) also stipulates that the state shall
endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country
Ø Several environmental legislations existed even before independence of India. However, the true thrust for putting
into force a proper well-defined framework came only after the UN Conference on Human Environment (Stockholm
1972).
Ø After the Stockholm Conference a National Council for Environmental Policy and Planning was setup within the
Department of Science and technology to deal with and address the environmental issues.
Ø Later this council was converted into a full-fledged ministry called Ministry of Environment and Forestry (MoEF)
Ø MoEF was setup in 1985 which today is the apex administrative body in the country for regulating and ensuring
environmental protection and lays down the legal and regulatory frameworks for the same.
Ø The MoEF and the Polltion Boards (CPCB and SPCBs) together form the regulatory and administrative core of the
sector.
Ø Important legislations for the Environment
§ The National Green Tribunal Act, 2010
§ The NGT Act has been enacted with the objective of establishing the National Green Tribunal for the
effective and expeditious disposal of cases relating to environmental protection, conservation of forests
and other natural resources including the enforcement of any legal right and to deal with giving
compensation and relief to any person or persons for matters related to the environment
§ The act was approved by the President of India on June 2nd 2010 and was officially enforced by the Central
Government from October 18th 2010.
§ The Air (Prevention and Control of Pollution) Act, 1981
§ This act was passed with the objective to provide for the prevention, control and abatement of Air
Pollution and to deal with the establishment of Controlling Bodies both and Central and State levels for
the aforesaid purposes
§ To control AP as much as possible ambient air quality standards were setup under the Air Act.
§ It also seeks to combat AP by prohibiting the use of polluting substances and also by regulating appliances
that contribute to AP
§ The Water (Prevention and Control of Pollution) Act, 1974
§ Same thing for water
§ Further the Water (Prevention and Control of Pollution) Cess Act was set up in 1977 to provide for the
levy and collections of cess on water consumed by persons operating and carrying on certain kinds of
activities
§ The Environment Protection Act, 1986
§ This act provides for the protection and improvement of the environment.
 § The Environment Protection Act establishes a framework for studying, planning and implementing long-
term requirements for environmental safety and laying down a system for the speedy recovery from the
situations that pose a danger the natural environment
§ It is an umbrella legislation designed to provide frameworks for the Air Act and Water Act
§ The term environment is understood in a very wide term under Article 2(a) of the Environment Protection
Act. It defined the environment as “All the water, land and air resources as well as the interrelationship
that exists between the water, air and land resources and human beings and other living creatures, plants,
micro-organisms and property”
§ Under this act, the government is empowered to take measures that lead to the improvement and
protection of the environmental resources
§ Hazardous Waste Management Regulations
§ Hazardous Wastes Rules, 2008
§ Biomedical Wastes Rules, 1998
§ Municipal Solid Wastes Rules 2000
§ E-Waste Rules, 2011
§ Batteries Rules, 2001
§ Wildlife Protection Act, 1972
§ Forest Conservation Act, 1980
§ Biological Diversity Act, 2002

Ø CASE LAWS
§ Constitutional Interpretation of Environment
§ The Apex Court in “Damodar Rao Vs S.O. Municipal Corporation AIR 1987” held that environmental
pollution and spoliation which is slowly poisoning and pollution the natural environment should be
regarded as violation of Article 21 of Constitution of India
§ Public Liability and Public Nuisance
§ The “M C Mehta Vs Union of India AIR 1986” case was related to Public Nuisance. It is also known as the
Oleum Leakage Case
§ It is a Landmark case in which the principle of Absolute Liability was laid down by the Supreme Court of
India. The court held that the permission for carrying out any hazardous industry very close to human
habitation cannot be given and asked the industry to relocate
§ Sustainable Development
§ The concept of Sustainable Development was brought out in the “Rural Litigation and Entitlement Kendra,
Dehradun Vs State of Uttar Pradesh AIR 1987”. An NGO named RLEK filed a case against limestone
quarrying in the valley
§ The court decided that the permanent assets of mankind should not be completely exhausted in one
generation
§ Water pollution
§ “M C Mehta Vs Union of India AIR 1988” – Pollution of Ganges by nearby industries
§ Number of tanneries in Kanpur were shut down
§ Air Pollution
§ “M C Mehta Vs Union of India AIR 1987” – Taj Trapezium Case
§ Mathura Refineries, Iron Foundries, Glass and chemical industries caused acid rain
§ This acid rain was highly dangerous to Taj Mahal and other historic monuments within the Taj Trapezium

RIGHTS OF ANIMALS WAS TAKEN AS CONSTITUTIONAL RIGHT AND CASE LAWS

Ø With a land mass of 328 million hectares and coastline of 7516kms – Himalayas, desert, islands – our country is
home to beautiful fauna.
Ø There are about 75000 species of animals out of which 340 are mammals, 1200 are birds, 420 are reptiles, 140
amphibians, 2000 fishes, 50000 insects.
Ø Need for Conservation
§ Gradual emergence of human as dominant species is the main reason for environmental disaster
§ Poaching, deforestation, negligence
§ At present around 81 species of mammals, 18 species of birds and 13 species of amphibians and reptiles are
considered endangered.
Ø Wildlife Laws
§ Can be traced back to 3rd century BC when Ashoka codified law for preservation of wildlife and environment.
§ Wild Bird Protection Act 1887
 § Wildlife Protection Act 1972
§ Signatory of Convention on International Trade in Endangered Species of Wild Life and Fauna (CITES) 1976
§ General info of WPA
§ WPA is enacted everywhere except J&K
§ IPC, Forest Act, Prevention of Cruelty to Animals Act, Customs Act etc
Ø CASE LAWS
§ Shahtoosh Case
§ The Shahtoosh wool is derived from the soft undercoat of the Tibetian Antelope (also known as Chiru).
The Chiru needs to be killed before its fleece is removed
§ Almost 3-4 Chirus need to be killed for creating one shawl. Each shawl sells for thousands of dollars in the
international market
§ In 1977, the Govt of India declared the Chiru as protected under Schedule I of the Wildlife Protection Act
§ And killing of chiru is also contravention to the CITES
§ A PIL was lodged in the J&K High Court seeking implementation of the provisions of WPA in the state of
J&K
§ On May 1st 2000, the High Court issued an order instructing the government to implement the provisions
of the WPA
§ Finally in 2002, the sale of Shahtoosh Shawls were banned in J&K
§ Project Tiger
§ Is an initiative launched by the Govt of India in April 1st 1973 has become one of the most successful
conservation ventures in modern history
§ It aims at tiger conservation in designated “tiger reserves”
§ There are 27 tiger reserves in India today
§ 2008 consensus by Govt of India said the tiger population dropped to 1411
§ Animal Welfare
§ Jallikattu and other animal racing
§ “Animal Welfare Board of India Vs A Nagaraju and Ors AIR 2014”
§ The court alluded section 3 and 11 of the Prevention of Creulty to Animals Act 1960 and concluded that
the animal fights incited by humans are illegal, even though it is followed as per traditions and culture.

STOCKHOLM AND RIO

Ø Sustainable development is one of the overarching paradigms of the UN.
Ø Four dimensions to Sustainable Development – Society, Environment, Culture, Economy. These are all intertwined
Ø UN Conference on Human Environment aka Stockholm Conference focused on international environment issues
Ø It was held in Stockholm from June 5th to 16th 1972 reflecting a growing interest in conservation issues and laid a
worldwide foundation for global environmental governance
Ø The final manifesto of the Stockholm Conference was a forceful statement on the finite nature of the Earth’s
resources and the necessity for humanity to safeguard them
Ø It also led to the creation of UN Environmental Programme in December 1972
Ø Roots of Stockholm lie in Sweden asking the UN to hold a conference to examine the environmental situation
worldwide

Ø The Rio Conference aka The UN Conference on Environment and Development was held from 3rd to 14th June 1992
Ø Principle 1: Humans are the centre of concerns for sustainable development
Ø Principle 2: States have, in accordance with the Charter of the UN and the international policies, the sovereign right
to exploit their own resources pursuant to their own environmental and developmental needs
Ø Principle 3: The right to development must be fulfilled so as to meet the developmental needs of present and future
Ø Principle 4: In order to achieve sustainable development, the environmental protection shall constitute a integral
part of the development process
Ø Principle 5: All states and all people shall contribute in eradicating poverty as a requirement for sustainable
development
Ø Principle 6: The special situation and needs of developing countries, particularly the less developed will be given
special priority
Ø Principle 7: States shall cooperate in a spirit of global partnership to protect and restore the health of the earth’s
ecosystem
Ø Principle 8: To achieve sustainable development, states should reduce and eliminate unsustainable patterns of
production and consumption
Ø Principle 9: States should cooperate to strengthen capacity-building for sustainable development by improving
scientific knowledge
Ø Principle 10: Environmental issues are best handled by the active involvement of all concerned citizens at the
required level
Ø Principle 11: States shall enact effective environmental legislation
Ø Principle 12: States should promote a supportive and open international economic system to support sustainable
development
Ø Principle 13: States shall develop national law for dealing with compensation and payment to victims of pollution
and other environmental damage
Ø Principle 14: States should discourage all those activities that lead to the degradation of the environment
Ø Principle 15: In order to protect the environment states shall adopt precautionary measures to the fullest of their
capabilities
Ø Principle 17: Environmental Impact Assessment should be used as a National Instrument to assess the proposed
activities
Ø Principle 18: States shall immediately notify other states of natural disasters or emergencies that are likely to
produce harmful effects on other states
Ø Principle 19: States shall provide timely and prior notification and relevant information to potentially affected states
Ø Principle 20: Women have a vital role in the environmental management and development
Ø Principle 21: The creativity, ideals and courage of the youth should be mobilized to forge a global partnership

EPA CASE LAWS

Ø Doctrine of Absolute Liability – “M C Mehta Vs Union of India” Oleum Leakage Case
Ø Polluter Pays – “Vellore Citizen’s Forum Vs Union of India”
Ø Precautionary Principle – In the Vellore Citizen’s Forum Case the Apex Court developed three concepts of this
principle
§ Environmental Measures must anticipate, prevent and attack the causes of environmental degradation
§ Lack of scientific proof should not be used as a reason to postpone measures
§ Onus of proof is on the actor to show that his actions are benign
Ø Public Trust Doctrine – “M C Mehta Vs Kamal Nath and Ors” – Resources like air, water, sea have great importance
to people as a whole and would be unjustified to make them subject to private ownership
Ø Doctrine of Sustainable Development – Bruntland Report – definition of sustainable Development