CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

This final draft is submitted in the partial fulfilment in

Sociology of Development for the completion of B.A. LL.B course.

TOPIC: ENVIRONMENTAL POLLUTION – A SOCIO

LEGAL STUDY

SUBMITTED TO: -

Dr. SHAKEEL AHMAD

FACULTY OF SOCIOLOGY

SUBMITTED BY:

AKSHITA THAPA
ROLL NO. 2106
B.A LLB, 3RD SEMESTER

1
 DECLARATION

I hereby declare that the work reported in the B.A.LL.B (Hons.) Project Report entitled
“ENVIRONMENTAL POLLUTION – A SOCIO LEGAL STUDY” submitted at
Chanakya National Law University, Patna is an authentic record of my work carried out
under the supervision of DR. SHAKEEL AHMAD. I have not submitted this work elsewhere
for any other degree or diploma. I am fully responsible for the contents of my Project Report.

(Signature of Candidate)
Akshita Thapa
Roll no. 2106
B.A. LL.B.
Chanakya National Law University

2
 ACKNOWLEDGEMENT

A project is a joint endeavor which is to be accomplished with utmost compassion, diligence and with
support of all. Gratitude is a noble response of one’s soul to kindness or help generously rendered by
another and its acknowledgement is the duty and joyance. I am overwhelmed in all humbleness and
gratefulness to acknowledge from the bottom of my heart to all those who have helped me to put these
ideas, well above the level of simplicity and into something concrete effectively and moreover on time.

This project would not have been completed without combined effort of my revered World Sociology
teacher Dr. Shakeel Ahmad, whose support and guidance was the driving force to successfully complete
this project. I express my heartfelt gratitude to her. Thanks are also due to my parents, family, siblings,
my dear friends and all those who helped me in this project in any way. Last but not the least; I would
like to express my sincere gratitude to our teacher of Sociology for providing us with such a golden
opportunity to showcase our talents. Also this project was instrumental in making me understand more
about the innovation and economic growth and the factors affecting it.

Moreover, thanks to all those who helped me in any way be it words, presence,
encouragement or blessings.

- Akshita Thapa

- 3rd Semester

- B.A LL.B(Hons.)

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 Contents

DECLARATION .................................................................................................................................................... 2
ACKNOWLEDGEMENT ...................................................................................................................................... 3
INTRODUCTION .................................................................................................................................................. 5
Causes of Pollution ............................................................................................................................................. 6
TYPES ............................................................................................................................................................... 7
ENVIRONMENTAL ETHICS: A GLOBAL SCENARIO ...................................................................................... 9
UNITED NATIONS CONFERENCE ON THE HUMAN ENVIRONMENT (The Stockholm Conference) ........ 9
CONSTITUTIONAL AND STATUTORY PROVISIONS ON ENVIRONMENTAL POLLUTION ..................... 11
Sustainable Development .................................................................................................................................. 12
Vellore Citizens Case: ....................................................................................................................................... 13
ENVIRONMENTAL LAWS IN INDIA ............................................................................................................... 14
The Taj Mahal Case: ......................................................................................................................................... 15
THE GODAVARMAN CASE AND BIHAR’S FORESTRY ................................................................................ 16
Background ...................................................................................................................................................... 16
Decision of the Court ........................................................................................................................................ 17
Post judgment development in Bihar ................................................................................................................. 17
EFFECT ON SOCIETY........................................................................................................................................ 19
CONCLUSION AND SUGGESTIONS ................................................................................................................ 21
BIBLIOGRAPHY................................................................................................................................................. 22

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 INTRODUCTION

Barry Commoner rightly said that:

“Environmental pollution is an incurable disease, which can only be prevented.”
The humanity had known pollution, to some extent or another, at least since the times the fire had been
invented, but it was only with the onset of the industrial revolution in the 19th century that people
realized the seriousness of the pollution problem and its often devastating effects.
In the last 200 years or so there appeared several fundamental trends which became the major forces
behind the surge in levels of air, water & land pollution throughout the globe. Industrialization is the first
fundamental cause of pollution. Among other things, industrialization set in motion the widespread
use of fossil fuels (oil, gas & coal) which are now the main sources of pollution . 1

Population growth is the second fundamental pollution cause. With population numbers literally
exploding around the world, the demand for food and other goods goes up. This demand is met by
expanded production and use of natural resources, which in turn leads to higher levels of pollution.

Globalization is another major cause of pollution. Globalization has become an effective facilitator of
environmental degradation. Developing countries usually have much looser laws on environmental
protection. With this “benefit” as well as the population growth and easy availability of cheap labor, big
industry prefers to move its facilities to such “pollution havens” rather than work in more regulated
markets. So we won’t be wrong if we consider industrialization, population growth and globalization the
fundamental drivers of pollution, the very roots of the gigantic pollution tree. Section 2(9) of the
Environment (Protection) Act, 1986 defines the term environment as:

“Environment includes water, air land and the inter-relationship which exists among and between
water, air land and human beings, other living creatures, plants, micro- organism and property”.

C.C. Park says, “Environment refers to the sum total of conditions which surround a man at a
given point in space and time1”

Thus, environmental pollution means imbalance in environment. The materials or substances when

after mixing in air, water or land alters their properties in such manner, that the very use of all or any

1
Robert G. Connelly, the U.N. convention on EI A. In A Tran boundary context: A Historical Perspective XIX
Environment Impact Assessment Review 38 (1999).

5
 of the air water and land by man and any other living organism becomes lethal and dangerous for
health. 2
Environmental pollution leads to exploitation of our ecology and depletion of natural resources,
hence to environmental degradation. This environmental degradation leads to a situation where
man has abused the nature and the nature shall not give anything in return but her harsh rewards.
Man shall leave this as a legacy for his future generation to dwell in an environment which is
polluted to such an extent that even ordinary breathing shall be deadly. He has done a perfect job to
try and screw the concept of sustainable development from the earth. If this condition prevails, that
time shall not be a faraway when our environment would turn to be a bane than a boon. In order
to curb this situation, we ourselves have devised some mechanisms that would of course not
neutralize the environmental pollution, its effects or consequences, but shall certainly minimize it.
Certain statutory provisions have also been enacted in order to check it; which shall be dealt further
in this project.

Causes of Pollution

We refer to production as the primary cause of pollution because the whole cycle of extracting and
processing natural resources and then selling processed goods starts from this point. And it obviously
comes before consumption.

The production side includes manufacturing industries, power generation, road, rail & air transport and
agriculture & timber production. In reality, it can be of course broken down into many other industries /
sub-industries. So how does the production side contribute to global pollution? Let's consider the
following example.

A car is a necessity for many people who use it in their everyday lives. In order to produce cars, a car
manufacturer needs to:

 Purchase raw materials such as metal, rubber, plastic, wood, paint etc.

 Raw materials are extracted from earth in large amounts often damaging the natural system of the
area from which they were extracted, as well as surrounding areas, ex. rainforests.
 Purchase energy / electricity which is usually generated from petroleum resources.
 Petroleum-based energy generation causes the emission of gases into the atmosphere and often

2
https://saferenvironment.wordpress.com/2020/10/30
6
 contaminates water and land of the surrounding areas.
 Use this energy to process raw materials into cars.

Cars are manufactured leaving behind an environmentally destructive footprint as described above.
That is a very simplified explanation of how manufacturing contributes to environmental pollution.
We'll now have a look at consumption.
We refer to consumption as the secondary cause of pollution because this stage comes after, and
depends on, production. And how does the consumption side contribute to global pollution? Let's
continue with the example of the car. Each car owner needs to: Fill it with gas or petrol every week to
operate it. The burning of petrol causes the emission of dirty gases straight into the atmosphere. So
production and consumption are the basic causes of pollution.

TYPES

There are broadly divided 6 types of environmental pollution as:

 Land pollution includes any type of waste left on the Earth's surface. It can take many forms,
from garbage on roads or in landfills to oil spills and industrial debris. Pesticides and other
chemical agents can also cause land pollution.3

 Water pollution: Water pollution occurs when chemical effluents, hazardous scraps and
liquids, garbage, and other harmful wastes are released into the water bodies without any
treatment of the same leading the water unsafe and unfit for consumption purposes and daily
use. This can also adversely affect the marine life including the flora and the fauna.

 Soil Pollution: Soil pollution includes any waste material disposed on the surface of the earth. It
can be seen anywhere and everywhere- from our daily waste generated through the process of
consumption and littering if garbage to any chemical and industrial debris, from pesticides and

3
https://www.reference.com/science/types-environmental-pollution.

7
 insecticides to landfills. Sol or land pollution may lead to reduction in the fertility of the land or
sometimes may leave it ultimately barren.

 Noise pollution: Noise pollution occurs when the sounds created through transportation,
communication, construction, or even other human activities like playing drums and music at a
very high frequency such that it goes beyond the permissible level and causes distress to humans
and animals. Noise pollution may lead to stress, heart attacks hearing disorder and similar
problems.

 Air Pollution: Air pollution occurs mainly due to the amalgamation of various obnoxious substances
and gaseous pollutants into the air so as to make it unfit for breathing of human beings and other
living creatures. These pollutants may be as simple as smoke from a cigarette to smoke emitted by
various vehicles and industries and harmful gases released in the air like Sulphur dioxide, carbon
monoxide, nitrogen oxides and Air pollution may cause severe illness and deteriorate human health
by causing diseases like asthma, allergies, lung cancer, breathing problems, etc. and sometimes even
leading to death.

According to a report, urban air pollution – of which a significant proportion is generated by

vehicles, as well as industry and energy production – is estimated to kill some 1.2 million people
annually. Increase in air pollution has created devastating impacts on flora and fauna too. Further,
air pollution is also a big cause for acid rain, the depletion of the ozone layer; hence leading to global
warming.

According to sources, it has been found that urban air pollution is estimated to cost
approximately 2% of GDP in developed countries and 5% in developing countries. Rapid
urbanization has resulted in increasing urban air pollution in major cities, especially in developing
countries. Over 90% of air pollution in cities in these countries is attributed to vehicle emissions
brought about by high number of older vehicles coupled with poor vehicle maintenance, inadequate
infrastructure and low fuel quality.

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 ENVIRONMENTAL ETHICS: A GLOBAL SCENARIO

The United Nations Conference on the Human Environment (also known as the Stockholm Conference)
was an international conference convened under United Nations auspices held in Stockholm, Sweden
from June 5-16, 1972. It was the UN's first major conference on international environmental issues, and
marked a turning point in the development of international environmental politics. 4

UNITED NATIONS CONFERENCE ON THE HUMAN ENVIRONMENT (The

Stockholm Conference)

The Indian delegation led by the Prime Minister of India took a leading role, runs thus 5:

1. “Man is both creature and molder of his environment, which gives him physical sustenance and
affords him the opportunity for intellectual, moral, social and spiritual growth.” In the long and
tortuous evolution of the human race on this planet a stage has been reached when, through the
rapid acceleration of science and technology, man has acquired the power to transform his
environment in countless ways and on an unprecedented scale. Both aspects of man's environment,
the natural and the man-made, are essential to his well-being and to the enjoyment of basic human
rights- the right to life itself.
2. The protection and improvement of the human environment is a major issue which affects the
well-being of peoples and economic development throughout the world; it is the urgent desire of the
peoples of the whole world and the duty of all Governments.6

3. In the developing countries most of the environmental problems are caused by under-
development. Millions continue to live far below the minimum levels required for a decent human
existence, deprived of adequate food and clothing, shelter and education, health and sanitation.
Therefore, the developing countries must direct their efforts to development, bearing in mind their
priorities and the need to safeguard and improve the environment. For the same purpose, the
industrialized countries should make efforts to reduce the gap themselves and the developing
countries. In the industrialized countries, environmental problems are generally related to

4
Retrieved from, https://sustainabledevelopment.un.org/milestones/humanenvironment.
5
Majumdar Arjya B., Nandy Debosmita, Mukherjee Swayambhu, Environment and Wildlife Laws in India, Lexis Nexis.
6
Ibid
9
 industrialization and technological development . 7
4. The natural growth of population continuously presents problems for the preservation of the
environment, and adequate policies and measures should be adopted, as appropriate, to face these
problems. Of all things in the world, people are the most precious. It is the people that propel social
progress, create social wealth, develop science and technology and, through their hard work,
continuously transform the human environment. Along with social progress and the advance
of production, science and technology, the capability of man to improve the environment increases
with each passing day.

This declaration was duly accepted by the world. It has been described as the “Magna Carta of our
environment” and this led to the incorporation of Article 48A of the Indian Constitution by the
Constitution 42nd Amendment Act, 1976; which now provides that the "State shall endeavour to
8
protect and improve the environment and to safeguard the forests and wildlife of the country". This
shows that it has been internationally recognized that man's fundamental rights embraces the need to
live in an uncontaminated environment but it also puts forth man's obligation to protect the
environment for posterity.

7
http://www.unep.org/documents.multilingual/default.asp?documentid=97&articleid=1503.,
8
Essar Oil Ltd. v. Halar Utkarsh Samiti and Ors., (2004) 2 SCC 392, AIR 2004 SC 1834.

10
 CONSTITUTIONAL AND STATUTORY PROVISIONS ON
ENVIRONMENTAL POLLUTION

The Indian Constitution, as adopted in 1950, did not deal with that the subject of environment or
prevention and control of pollution as such (until 1976 Amendment). The original text of the
Constitution under Article 372(1) has incorporated the earlier existing laws into the present legal
system and provides that notwithstanding the repeal by this Constitution of enactment referred to in
Article 397, but subjected to the other provisions of the Constitution, all laws in force immediately
before the commencement of the Constitution shall remain remained in force until altered, repealed
or amended by a competent legislature or other competent authority. As a result, even after five
decade of independence. The plethora of such laws is still in operation without any significant
changes in them.
The Principles on environment with a view to protecting and improving the environment, different
legislations have been made and different regulations, rules have been issued. The Government of India,
through its Ministry of Environment and Forests is administering has enacted nationwide
comprehensive laws.

The Supreme Court has laid down that the "Precautionary principle" and the "Polluter Pays Principle"
are essential features of "sustainable development". These concepts are part of Environment Law of
the country.
The "Precautionary Principle" establishes that a lack of information does not justify the absence of
management measures. On the contrary, management measures should be established in order to
maintain the conservation of the resources. The assumptions and methods used for the determination
of the scientific basis of the management should be presented.
The essential ingredients of the precautionary principle are:

(i) Environmental measures- by the state government and the statutory authorities- must anticipate,
prevent and attack the causes of environment degradation.

(ii) When there are threats of serious and irreversible damage, lack of scientific certainty should not
be used as a reason for postponing measure to prevent environmental degradation.

(iii) The “Onus of Proof” is on the actor or the developer/industrialist to show that his action is

11
environmentally benign.

(iv) Precautionary duties must not only be triggered by the suspicion of concrete danger but also by
concern or risk potential.

In M.C. Mehta v Union of India (CNG Vehicle Case) (AIR 2002 SC 1696)

The supreme court observed that any ‘auto-policy’ framed by the Government must, therefore, of
necessity conform to the constitutional principles well as overriding statutory duties cast upon the
government under the EPA. The auto policy must adopt a ‘precautionary principles’ and make informed
recommendations which balance the needs of transportation with the need to protect the environment.
The “polluter pays” principle came about in the 1970's when the importance of the environment and
its protection was taken in world over. It was subsequently promoted by the Organization for Economic
Cooperation and development (OECD). The ‘polluter pays' principle as interpreted by the Court means
that the absolute liability for harm to the environment extends not only to compensate the victims of
pollution but also the cost of restoring the environmental degradation.
In other words, Polluter should bear the cost of pollution as the polluter is responsible for pollution’.
The principle demands that financial costs of preventing or remedying damage caused by pollution
should lie with the undertakings which cause pollution.

It may be noted that the polluter pays principle evolved out of the rule of ‘absolute liability’ as laid down
by the apex court in Sriram Gas Leak Case.

Sustainable Development

Sustainable Development means an integration of development and environment imperative it means

development in harmony with environmental consideration. To be sustainable, development must
possess both economic and ecological sustainability. It is a development process where exploitation of
resources, direction of investment, orientation of technology development and institutional changes are
all in harmony. Sustainable development also implies local control over the resource use, and is the
only path for conserving and promoting socio-economic wellbeing in a democratic form.

'Eco-development’ is a related concept. It is a process of ecologically sound development, of positive

management of environment for human benefits. For example banning tree felling in reserve forests and

12
permitting harvesting of minor forest products by rural poor and tribal; development of community or
common lands for rural subsistence needs of industries, towns and villages. These are the components
of the “new development strategies”. The component of eco-developmental therefore includes alternative
development strategies; biogas, substitute for natural resources, social forestry, micro irrigation and
recycling of waste to prevent pollution.

Vellore Citizens Case:

In a landmark judgment where the principle of sustainable development has been adopted by the
Supreme Court as a balancing concept, while rejecting the old notion that development and
environmental protection cannot go together, the apex court held the view that sustainable development
has now come to be accepted as “a viable concept to eradicate poverty and improve the quality of
human life while living within the carrying capacity of the supporting eco system.” Thus, pollution
created as a consequence of development must be commensurate with the carrying capacity of our
ecosystem.

FACTS - In this case, certain tanneries in the State of Tamil Nadu were discharging untreated
effluent into agricultural fields, roadsides, waterways as open lands. The untreated effluent finally
discharges in the river which has the main source of water supply to the residence of Vellore. The
Supreme Court issued comprehensive directions for maintaining the standards stipulated by the
Pollution Control Board.

OBSERVATIONS- The Supreme Court Observe that the “precautionary principle” and the “polluter
pays principle” are part of the Environment law of the country. These principles are essential features of
“Sustainable Development.” The “precautionary principle” in the context of the municipal law means:

(i) Environmental measures by the State Government and the statutory authorities – must
anticipate , prevent and attack the cause of the environmental degradation

(ii) Where there are threats of serious irreversible damages, lack of scientific certainty should not be
used as a reason for postponing measures to prevent environmental degradation.

13
DECISION: - The Supreme Court directed the Central government to constitute an authority under sec.
3 of the Environment Act, 1986 and confer on the said authority all the powers necessary to deal with
the situation created by the powers necessary to deal with the situation created by the tanneries and other
polluting industries in the State of Tamil Nadu. The authority (headed by retired judge of the High Court)
shall implement the precautionary and polluter pays principles. The authority should compute the
compensation under two heads, namely, for reserving the ecology and for the payment to individuals.

ENVIRONMENTAL LAWS IN INDIA

 THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT 1974

The Act prohibits discharge of pollutants into water bodies beyond a given standard and lays down
penalties for non-compliance with its provisions.

 THE AIR (PREVENTION AND CONTROL OF POLLUTION ACT, 1981)

To implement the decision taken in the Stockholm Conference, the Parliament enacted the Air Act under
Article 253. It controls mainly air pollution and its abatement. Also establishes air quality standards.
The Central and State Boards set up under section 16 and 17 independently notify emission standards.
Every industrial operator within a declared air pollution area, must obtain a permit from the State Board
(Sec-21(1) and (2)).

Within four months from the date of application for the permit, the board must complete the formalities,
either grant or refuse consent.

 THE ENVIRONMENT (PROTECTION) ACT 1986

T his Act authorizes the central government to protect and improve environmental quality, control and
reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial
facility on environmental grounds.

14
1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the
generation, collection, treatment, import, storage, and handling of hazardous waste.

1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for
public liability insurance for the purpose of providing immediate relief to the persons affected by
accident while handling any hazardous substance.

2000 - The Municipal Solid Wastes (Management and Handling) Rules, apply to every municipal
authority responsible for the collection, segregation, storage, transportation, processing, and disposal
of municipal solid wastes.

2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down such terms and
conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address
systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or
religious festive occasion.

1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial

statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the
duty leviable on timber and other forest produce.

The Taj Mahal Case:

In Taj Mahal's case (M C Mehta V. Union of India, AIR 1997, SC 734), the Supreme Court issued
directions that coal and coke based industries in Taj Trapezium (TTZ) which were damaging Taj should
either change over to natural gas or to be relocated outside TTZ. Again the Supreme Court directed to
protect the plants planted around Taj by the Forest Department as under:

15
The Divisional Forest Officer, Agra is directed to take immediate steps for seeing that water is supplied to
the plants... The Union Government is directed to release the funds immediately without waiting for
receipt of the proposal from the U.P. Government on the basis of the copy of the report. Funding may
be subsequently settled with the U.P. Government, but in any set of circumstances for want of funds the
officer is directed to see that plants do not wither away.

The Court held that 292 industries located and operating in Agra must changeover within fixed time
schedule to natural gas as industrial fuel or stop functioning with coke /coal and get relocated. The industries
not applying for gas or relocated are to stop functioning with coke/coal from 30-04-97. The Shifting
industries shall be given incentives in terms of the provisions of Agra Master Plan and also the incentive
normally extended to the new industrial units.

THE GODAVARMAN CASE AND BIHAR’S FORESTRY

Background

It is a well settled principle that the natural resources available to a nation are considered as an
asset of the entire nation. This implies that it is an obligation upon all concerned including the Union
and the State Governments to conserve and judiciously use these resources. Even the Constitution
of India, under Article 48A talks about Protection and improvement of environment and
safeguarding of forests and wild life. To add to this, under Article 51A, it is the duty of every citizen to
protect and improve the natural environment including forest, lakes, rivers and wildlife and to have
compassion for living creatures.

The T.N. Godavarman Thirumulpad v. Union of India & Ors 9. case proved to be a major turning
point in the history of forestry in India. Petitioner Godavarman, upon being aggrieved by the illicit
timbers from forests that had been nurtured for generations by his family and later taken over by the
government under land reforms process, filed a writ petition with the Hon’ble Supreme Court of
10
India. Eventually, the court deemed fit to extend the scope of the case to forest lands of the entire

9
T.N. Godavarman Thirumulpad v. Union of India & Ors , AIR 2005 SC 4256

16
 country. Initially, the court laid down guidelines for the control and management of forests and
also issued directions for the protection and sustainable use of forests and also ordered setting up of
new agencies, committees and authorities to do the needful.

Decision of the Court

In the very first order in the year 1996, the Supreme Court interpreted the meaning of the term ‘forest’
with respect to the Forest Conservation Act, 1980. Prior to this interpretation, the term
forest had not been explicitly defined and some state governments chose to apply the vaguely
defined term only to ‘reserve forests’ i.e., those that received the highest level of legal and
environmental protection. 11 It was seen that, prior to this interpretation, the States took advantage of
the lack of proper definition of the forest and used this narrow interpretation to effectively de-reserve
forest land and allocate them for commercial or industrial use. The court vide the interpretation,
broadened the scope of the term forest which shall now be read in accordance to Section 2 of the
Forest Conservation Act, irrespective of the nature of ownership. Section 2 of the said Act lays
down that no State government or any other authority may allow the use of any forest land for any
non-forestry purpose without the prior approval from the Central government. Also, the States could
no longer de-reserve protected forests for commercial or industrial use without prior permission. In
addition to this, to ensure effective implementation of the new scope of the term forest, the court
ordered all non-forestry activities such as saw mills and mining operations, which had not
received explicit approval from the Central government to cease operating with immediate effect.

With this case the Supreme Court made itself the director and controller of forest activities by taking
control of national and state forests and also adopting decision making power with respect to transport
of timber, management of forest revenues, licensing of timbers etc. In the year 2002, the court created
Central Empowered Committee (CEC) an authoritative body set up to adjudicate on forest and wildlife
related issues.

Post judgment development in Bihar

Soon after the judgment of the Godavarman’s case, the Forest department of Bihar government took
concrete steps to revive and protect the forest cover of the State. It was a result of the compulsion laid

11
Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India, 2001
17
 by the court mixed with awareness which led to implementation of new policies which included
control of Forest Development Corporation, setting up and proper maintenance of zoological and
botanical gardens, environment conservation and its protection, environment research and education and
last but not the least, environment planning and co-ordination in urban and rural areas.

As per the statistics gathered by the state agencies through satellite data between October 2006
and February 2007, Bihar’s forest cover has been recorded as 6,804 sq. km. which accounts for
7.23% of the State’s geographical area.12 As compared to the satellite date gathered between
October, 2004 and January, 2005, the forest cover shows a loss of 3 sq. km. of forest cover.
However, the recorded forest area of the State is 6,473 sq. km, which is 6.87% of the geographical
area.

Forest and wildlife of Bihar hugely contribute to the State’s economy. Forests of Bihar have
contributed woods and various other raw materials of export quality which has made the earned
high amount of revenues to the State. The areas which mainly contribute to the state economy
through its forestry and wildlife are West Champaran, parts of Darbhanga, Jamui, Nalanda and
Rohtas.13 The major protected areas in the State exist in the form of biological garden, sanctuary
and national parks and some of them are, Bhimbandh Sanctuary (Monghyr), Gautambuddha
Sanctuary (Gaya), Kaimur Sanctuary (Rohtas), Rajgir Sanctuary (Nalanda), Sanjay Gandhi
Botanical Garden (Patna), Valmiki National Park (West Champaran) etc.

Thus, with the data provided above it can be concluded that since the implementation of the findings
of the Supreme Court in Godavarman case, the state of Bihar has witnessed certain remarkable
changes. With the forest cover still not upto the mark, the State government is consistently
implementing favorable policies so as to revive the total forest cover of the state. Simultaneously,
it is constantly working hard to protect and preserve the existing forest cover and the flora and fauna,
spread around the state. With this it can be concluded that the Godavarman case was a turning point
in the history of forestry in India and it has accelerated the nation to the path of development while
giving equal importance to the environment.

12
India State of Forest Report, 2009
13
Data provided on the State Government’s website
18
 EFFECT ON SOCIETY

HUMAN HEALTH

Adverse air quality can kill many organisms including humans. Ozone pollution can cause respiratory
disease, cardiovascular disease, throat inflammation, chest pain, and congestion. Water pollution causes
approximately 14,000 deaths per day, mostly due to contamination of drinking water by untreated
sewage in developing countries. An estimated 500 million Indians have no access to a proper toilet,35
Over ten million people in India fell ill with waterborne illnesses in 2013, and 1,535 people died, most
of them children.36 Nearly 500 million Chinese lack access to safe drinking water.14A 2010 analysis
estimated that 1.2 million people died prematurely each year in China because of air pollution.38 The
WHO estimated in 2007 that air pollution causes half a million deaths per year in India.39 Studies have
estimated that the number of people killed annually in the United States could be over 50,000.

Oil spills can cause skin irritations and rashes. Noise pollution induces hearing loss, high blood pressure,
stress, and sleep disturbance. Mercury has been linked to developmental deficits in children and
neurologic symptoms. Older people are majorly exposed to diseases induced by air pollution. Those with
heart or lung disorders are at additional risk. Children and infants are also at serious risk. Lead and other
heavy metals have been shown to cause neurological problems. Chemical and radioactive substances
can cause cancer and as well as birth defects.

ENVIRONMENT

Pollution has been found to be present widely in the environment. There are a number of effects of this:

Bio-magnification describes situations where toxins (such as heavy metals) may pass through trophic
levels, becoming exponentially more concentrated in the process.

Carbon dioxide emissions cause ocean acidification, the ongoing decrease in the pH of the Earth's oceans
as CO2 becomes dissolved.

14
The New York Times. August 26, 2007
19
The emission of greenhouse gases leads to global warming which affects ecosystems in many ways.

Invasive species can out compete native species and reduce biodiversity. Invasive plants can
contribute debris and biomolecules (allelopathy) that can alter soil and chemical compositions of
an environment, often reducing native species competitiveness. Nitrogen oxides are removed from
the air by rain and fertilise land which can change the species composition of ecosystems.

Smog and haze can reduce the amount of sunlight received by plants to carry out photosynthesis and
leads to the production of tropospheric ozone which damages plants. Soil can become infertile and
unsuitable for plants. This will affect other organisms in the food web. Sulfur dioxide and nitrogen oxides
can cause acid rain which lowers the pH value of soil.

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 CONCLUSION AND SUGGESTIONS

The researcher has now come to the conclusion and she has got to know that pollution is when
something is added to the environment that is harmful or poisonous to living things. Smoke or dust
in the air is a type of pollution as it is bad for the lungs when we breath in. Sewage in drinking water is
another type of pollution, as it can make people ill because it contains germs and viruses. . People living
next to a building site where there is too much noise can become sick as they cannot sleep. As pollution
grows, so have ways to combat it. Solar energy and wind energy give people other ways to power their
homes. When people use these alternative forms of energy, they put less carbon dioxide into the
environment.
 Stop smoking or don't throw your butts on the ground. Cigarette butts are not biodegradable
and contain extremely toxic soluble chemicals. One butt thrown on the ground can remain for
up to 25 years, leaking chemicals like arsenic, ammonia, acetone, benzene, cadmium,
formaldehyde, lead, and toluene into the environment.

 Drive an electric or hybrid car or at least one that uses unleaded gasoline.

 Keep your car in good running condition to avoid emissions.

 Share a ride or carpool.

 Choose to walk or ride a bicycle whenever possible.

 Never use open fires to dispose of waste, especially chemicals and plastic.

 Adopt the 3 R(s) of solid waste management: reduce, reuse, and recycle.

 Use sustainable, reclaimed, or recycled building materials.

 Start composting leaves and clippings from your yard and food scraps from your kitchen to
reduce waste while improving your soil.

 Use the power supplied abundantly and freely by wind and sun. Hang your laundry to dry to
minimize your use of gas or electricity and open a window or put on a sweater rather than turning
on the air conditioner or heater.

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 BIBLIOGRAPHY

BOOKS:-

 “Environmental Pollution And Management” by Avnish Chauhan

 “Environmental Pollution Laws in India” by Just. TS Doabia
 “Environmental Pollution and Sustainable Development” by R.K.Kitholia

WEB SOURCES:-

 https://www.magzter.com/article/Education/LawZ-Magazine/Environmental-
Pollution-A-Socio-Legal-Study

 https://www.magzter.com/article/Education/LawZ-Magazine/Environmental-
Pollution-A-Socio-Legal-Study

 https://lawzmag.com/2017/11/01/environmental-pollution-a-socio-legal-
study/#:~:text=Environment%20is%20a%20mixture%20of,micro%2Dorganis
m%20and%20property%E2%80%9D

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