ENVIRONMENTAL POLLUTION AND WASTE MANAGEMENT

PROFESSIONAL SKILL DEVELOPMENT ACTIVITY

Submitted by
URVI GUPTA

Semester and Section

V-E

Enrollment Number
24417703820

Submitted to
MS. MANINI SYALI

Subject
Environmental Studies and Environmental Laws
LLB 301

Vivekananda School of Law and Legal Studies

VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES
Pitampura, Delhi-110034
2022
 INDEX
S. NO. PARTICULARS PAGE NO.
1 INTRODUCTION- ENVIRONMENTAL DEGRADATION AND
THE RIGHT TO A WHOLESOME ENVIRONMENT
2 INTERNATIONAL AND CONSTITUTIONAL MANDATE
3 ENVIRONMENTAL POLLUTION
4 WASTE MANAGEMENT
5 CONCLUSION
1. Introduction- Environmental Degradation and the Right to a
Wholesome Environment
The study of the environment is an integration of several subjects cutting across various
disciplines. To understand the environment and its intricacies, one needs to understand a wide
spectrum of issues relating to but not limited to biology, chemistry, geography, and economics.

The term environment cannot be understood in isolation. The genesis of ‘environment’ lies in
the interdependence between living organisms and their living and non-living surroundings.
The broader interpretation of environment not only includes the wilderness and pristine
environment (flora and fauna), but also the urban set-ups. When we move from the former to
the latter, the degree of human interference increases.

According to OECD, “the environment is the totality of all the external conditions affecting
the life, development, and survival of an organism.” 1 The United Nations Conference on the
Human Environment 1972 popularly known as the Stockholm Declaration2 consisting of 26
principles, for the first time brought environmental issues to the forefront of international
concerns. As a diplomatic Conference, declaration, this instrument is not formally binding.
However, it includes provisions that at that time were either accepted as a part of customary
international law or expected to shape future normative expectations.3 This was the foundation
of the ‘Right to a Wholesome Environment’ which developed as a globally recognized
principle of environmental law. Moreover, Rio Declaration expressly reaffirmed and built upon
Stockholm Declaration, reinforcing the normative significance of those concepts common to
both instruments.4

Further development in the realm of environmental law was brought about by World
Commission on Environment and Development headed by Gro Brundtland, then Prime
Minister of Norway set up as an independent body by the United Nations in 1983. Its task was
to formulate a global agenda for change that would ensure that human development would
sustain through the usage of natural resources without bankrupting the future generations of
these resources. It submitted its report titled ‘Our Common Future’5 submitted in 1987 which

1
https://stats.oecd.org/glossary/detail.asp?ID=813
2
https://www.un.org/en/conferences/environment/stockholm1972
3
https://legal.un.org/avl/pdf/ha/dunche/dunche_e.pdf
4
Ibid.
5
Report of the World Commission on Environment and Development: Our Common Future available at:
https://sustainabledevelopment.un.org/content/documents/5987our-common-future.pdf (last accessed on 9th
December 2022).
stated “Each year number of human beings increases, but the amount of natural resources which
to sustain this population, to improve the quality of human lives and eliminate mass poverty
remains finite.”

Population growth coupled with mass poverty is one of the major causes of environmental
pollution as it renders people incapable of using the resources judicially and sustainably
causing environmental degradation.

2. International and Constitutional Mandate

India being a signatory to the above-mentioned declaration and conventions enacted a few
legislations in accordance with Article 2536 of the Constitution of India to give effect to these
international commitments and to implement them domestically. The three main legislations
are the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the
‘Water Act’), the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to
as the ‘Air Act’), and the Environment Protection Act,1986.

The preamble of the Air Act and the Environment Protection Act specifically mention that
these acts have been enacted to take appropriate steps in pursuance of decisions taken at the
Stockholm Conference for the preservation of natural resources of the Earth and the human
environment which includes the preservation of quality of Air and abatement of air pollution.

The Hon’ble Supreme Court of India in a catena of cases has accepted principles of Sustainable
Development, Precautionary Principle and Polluter Pays principle as a part of Indian
environmental law.

Apart from these statutes, the right to a clean and pollution-free environment has been read
within the right to life in Article 21. Unlike Nepal’s constitution, the Indian Constitution does
not specifically mention the right to a clean environment.

It is also a constitutional mandate on the state under Article 48-A added by the 42nd Amendment
to protect and improve the environment and to safeguard the forest and wildlife of the country.
The state agencies cannot take the plea of the paucity of funds or paucity of staff in case of
failure to fulfill this duty.7

6
253. Legislation for giving effect to international agreements.—Notwithstanding anything in the foregoing
provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of
India for implementing any treaty, agreement or convention with any other country or countries or any decision
made at any international conference, association or other body.
7
Municipal Council, Ratlam v. Shri Vardhichand & Others, 1980 AIR 1622
3. Environmental Pollution

Pollution has been derived from the Latin word pollure which means dirty. The Environment
Protection Act defines an environmental pollutant as any solid, liquid, or gaseous substance
present in such concentration as may be, or tend to be, injurious to the environment.8 It further
defines environmental pollution as the presence in the environment of any environmental
pollutant.9 The legislations expressly dealing with the prevention, control, and abatement of
pollution are the Water Act of 1974 and the Air Act of 1981.

All forms of life, be it microbes, plants, animals, birds or humans depend on the Earth’s supply
of natural resources like land, air, and water. When these resources are contaminated by
pollutants, these life forms along with their surrounding environment are threatened. It is a
global concern that traverses national boundaries.10

Apart from air and water pollution, land pollution is also a major threat to the environment.
Land pollution is the accumulation of solid or liquid waste on land or underground in a manner
that can contaminate the soil, and groundwater, threaten public health and cause unsightly
conditions and nuisance.11 Even though most of the pollutants, even the ones that cause air
pollution (like acid rain) are generated on land, land pollution is something that is entirely
overlooked and hence has not been dealt with or defined in any statute. The irony is that lad
has been included in components of the environment in Section 2(a) of the Environment
Protection Act but the act nowhere deals with land pollution.

But that does not mean that land pollution has no legal control in India. The central government
has made various sets of rules in pursuance of rule-making powers conferred upon it by
Sections 3, 6, and 25 of the Environment Protection Act 1986 like Solid Waste Management
Rules 2016, Bio-Medical Waste Management Rules 2016, Hazardous and Wastes
(Management and Transboundary Movement) Rules, 2016.

8
Section 2(b), The Environment Protection Act, 1986.
9
Section 2(c), The Environment Protection Act, 1986.
10
Van Der Ploeg, Frederick, and Aart J. De Zeeuw. "International aspects of pollution control." Environmental
and Resource Economics 2, no. 2 (1992): 117-139.
11
Land Pollution available at: https://www.britannica.com/science/land-pollution (last accessed on 14 December
2022)
4. Waste Management

A continual increase in Solid Waste is causing serious global concern in sustainably managing
waste. It is untreated waste that leads to land pollution and global health Concerns. According
to the Annual Report, 2020-21 on Implementation of Solid Waste Management Rules, 2016 of
the Central Pollution Control Board Delhi, the total quantity of Waste generated in the Country
was 160038.9 Tonnes Per Day (TPD).12

Even after the enactment of the Solid Waste Management Rules, out of 152749.5 TPD
(collected waste), only 50% is treated. Ministry of New and Renewable Energy has identified
huge energy potential for Municipal Solid Waste (MSW) that usually contains s 50%
biodegradable substances, 20% recyclable matters, and 30% inert and inorganic materials like
sands, pebbles, and gravels (Planning commission India, 2014).13 In India, towns and cities
remain littered with garbage (MSW), and cleanliness is maintained only in important locations.
Maintenance of Human and environmental health is one of the main objectives of waste
management which with the growth and development of economies, are sought to be achieved
by Sustainable Waste Management which aims to keep materials in use for as long as possible
and minimize the amount of solid waste that is disposed of in a landfill or through incineration.

Landfills are waste disposal systems where waste is either burnt or buried. They are designated
and designed to dump the trash, garbage, and all other forms of waste. These landfills are
sometimes used as an integral part of the waste management system. There are many
predominant landfills in the capital city of Delhi. The Hon’ble National Green Tribunal took
up in the form of an Original Application, a news item published in the Times of India authored
by Mr. Jasjeev Gandhiok & Paras Singh and titled “Below Mountains of Trash lies Poison
Lakes”14 which reported that these dumpsites were a source of water contamination. The
Tribunal noted that these landfills are also a source of air pollution placing infants and senior
citizens at a vulnerable position. The tribunal directed the concerned authorities to take up bio-
mining of legacy waste from dumpsites at Ghazipur, Okhla and Bhalsawa. In pursuance of this

12
Annual Report, 2020-21 on Implementation of Solid Waste Management Rules, 2016 available on:
https://cpcb.nic.in/uploads/MSW/MSW_AnnualReport_2020-21.pdf (last accessed on 18 December 2022).
13
Pujara, Yash, Pankaj Pathak, Archana Sharma, and Janki Govani. "Review on Indian Municipal Solid Waste
Management practices for reduction of environmental impacts to achieve sustainable development goals." Journal
of environmental management 248 (2019): 109238.
14
Delhi: Below mountains of trash lie poison lakes available at:
http://timesofindia.indiatimes.com/articleshow/69510311.cms?utm_source=contentofinterest&utm_medium=tex
t&utm_campaign=cppst (last accessed on 19 December 2022).
order, the bio-mining began in October 2019 and according to a report in the Indian Express,
since then 59.98 lakh tonnes of legacy waste has been processed till November 4 this year.15

However, managing these landfills has been a significant problem in the city. In April this year,
a massive fire broke out in Bhalswa landfill which is spread over 36 acres and has accumulated
legacy waste weighing 80 lakh tonnes. The fire went on for around 9 days, making it one of
the longest operations for Delhi Fire Services.16

Residents claim that fire is a routine thing for them as it keeps burning gradually and becomes
news only when it is spread to a larger area. Residents have deposed to media outlets that the
living conditions in the area are extremely unsanitary and unhygienic. Almost all the residents
suffer from respiratory problems, some of whom even have tuberculosis. People living in the
vicinity since a long time say that their eyes hurt, it gets difficult to breathe and the heat rises
too. Residents demand a permanent solution as a fire breaks out almost every year between
April to June.

The state authorities like the Municipal Corporation of Delhi, the Central Pollution Control
Board, and the government are under a bounden duty to redress the plight of the vulnerable
citizenry and maintain sanitary and hygienic conditions of living as mandated by the
Constitution under Article 48-A and Article 51A(g).

15
22 lakh tonnes of legacy waste processed at Delhi’s three landfills this year available at:
https://indianexpress.com/article/cities/delhi/legacy-waste-delhi-landfills-
8327644/#:~:text=Biomining%20of%20legacy%20waste%20at,separate%20and%20process%20the%20waste.
(Last accessed on 19 December 2022).
16
9 days on, Delhi’s Bhalswa landfill still on fire, DFS says longest operation yet available at:
https://indianexpress.com/article/cities/delhi/9-days-on-delhis-bhalswa-landfill-still-on-fire-dfs-says-longest-
operation-yet-7901842/ (Last accessed on 20 December 2022)