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AMITY UNIVERSITY CHHATISGARH

AMITY LAW SCHOOL


ENVIRONMENTAL LAW

TOPIC – ENVIRONMENTAL DIARY -


RECORD 4 INSTANCES OF ENVIRONMENTAL VOILATIONS

SUBMITTED BY – SUBMITTED TO -
AANCHAL CHANDANI PROF.VARUN SHARMA SIR
BA-LLB
7TH SEMESTER
Acknowledgment –

After the completion of this project, I believe that I need to express my


gratitude to many people as without their support and cooperation; the
success of this entire research project work would have been next to
impossible.
It gives me a great sense of pleasure to extend my sincere gratitude to
my teacher and guide, who gave me the opportunity to work on this
topic. I am also grateful to all my friends and colleagues for being
helpful.
I express my deepest gratitude to my parents who have been the real
driving force for this work and who always helped me even in the most
demanding of situations.

Aanchal Chandani
BA-LLB (H)
Semester - 7th
1) ROAD DEBRIS –

Road debris comprises scattered materials found on roadways, encompassing litter, vehicle
fragments, construction remnants, and natural elements. From discarded packaging to tire shreds
or fallen branches, road debris poses environmental and safety risks. It can lead to visual
pollution, environmental harm, and safety hazards for drivers and pedestrians. Effective waste
management and adherence to environmental regulations are essential to address road debris,
ensuring road safety and preserving the overall environmental quality of roadways.

PROVISION INVOLVED FOR ROAD DEBRIS –

The provisions related to road debris in India fall under the "Municipal Solid Wastes
(Management and Handling) Rules, 2000," and subsequent amendments. Here are some key
provisions:

1. Segregation of Waste (Rule 4): Emphasizes the segregation of waste at the source, including
road debris, into different categories like biodegradable and non-biodegradable.

2. Responsibility of Local Authorities (Rule 8): Defines the responsibilities of local authorities in
managing and regulating solid waste within their jurisdictions, which includes addressing road
debris.

3. Public Awareness (Rule 10): Provides public awareness programs to educate the community
about proper waste disposal, including the potential hazards of road debris.

4. Collection and Transportation (Rule 6): Outlines proper methods for the collection and
transportation of waste, aiming to prevent littering and improper disposal, which can contribute
to road debris.
5. Penalties (Rule 15): Specifies penalties for violations, including improper disposal of waste on
roads or public spaces.

IMAGE OF ROAD DEBRIS –

SUGGESTION TO PREVENT ROAD DEBRIS –

1. Mobile Waste Collection Units: Introduce mobile waste collection units that can navigate
through congested or hard-to-reach areas, promptly collecting and disposing of waste to prevent
debris buildup.

2. Reward Systems for Clean Streets: Implement a reward system for neighborhoods or
individuals who actively maintain clean streets. Recognition, certificates, or small incentives
could be provided to motivate and acknowledge responsible waste management.
3. Eco-Friendly Roadside Gardens: Encourage the creation of small roadside gardens using
recycled materials. This not only beautifies the area but also acts as a natural deterrent against
littering and improper waste disposal.

4. Interactive Waste Disposal Kiosks: Install interactive kiosks that educate the public on proper
waste disposal methods. These kiosks can offer real-time information on nearby waste disposal
facilities and recycling centers, promoting responsible practices.

5. Adopt-a-Spot Programs: Establish "Adopt-a-Spot" programs where local businesses, schools,


or community groups take responsibility for specific areas, committing to regular cleanup and
maintenance to prevent road debris accumulation.

Each of these suggestions is aimed at providing unique and innovative approaches to tackle road
debris while encouraging community involvement and responsible waste management practices.

2) BURNING OF FIRECRACKERS

Burning firecrackers, especially during festivals and celebrations, can contribute to air and noise
pollution. The combustion of firecrackers releases various pollutants, including particulate
matter, sulfur dioxide, nitrogen dioxide, and metals, into the atmosphere. These pollutants can
have adverse effects on air quality, respiratory health, and the environment.

PROVISION INVOLVED FOR BURNING FIRECRACKERS –

while there isn't a specific central law in India exclusively addressing the burning of firecrackers
and air pollution, various provisions and regulations fall under the broader legal framework
related to the environment. These include:
1. Environment (Protection) Act, 1986: - The Environment (Protection) Act empowers the
central government to take measures to protect and improve the quality of the environment.

- The act provides a framework for setting standards for emissions and discharge of
environmental pollutants.

2. Air (Prevention and Control of Pollution) Act, 1981: - This act aims to prevent, control, and
abate air pollution. It grants powers to the Central Pollution Control Board (CPCB) and State
Pollution Control Boards (SPCBs) to enforce air quality standards.

3. Central Pollution Control Board Guidelines: - The CPCB, under the Environment (Protection)
Act, issues guidelines and advisories related to air pollution control. These may include
recommendations on the use of firecrackers, especially during festivals.

4. Noise Pollution (Regulation and Control) Rules, 2000: - These rules, under the Environment
(Protection) Act, address the issue of noise pollution caused by various sources, including
firecrackers.

- The rules prescribe permissible noise levels during different times, and local authorities are
responsible for enforcing them.

5. Supreme Court Orders and Directives:

The Supreme Court of India, at times, has given clear instructions about using firecrackers
during festivals, taking into account how it affects the air we breathe and people's health. The
court has laid out specific rules to guide when and how firecrackers should be used, aiming to
balance the enjoyment of festivals with the need to protect the environment and public well-
being.
IMAGE OF THE VOILATION –

SUGGESTIONS –

Here are practical prevention and coping mechanisms to address the environmental impact of
firecrackers:

1. Regulatory Controls: Implement and enforce strict regulations on the sale, production, and use
of firecrackers, including limits on noise levels and toxic components.

2. Public Awareness Campaigns: Launch extensive public awareness campaigns to educate


people about the environmental and health consequences of firecrackers. Emphasize the benefits
of eco-friendly celebrations.

3. Community Celebrations: Encourage community-based celebrations that focus on cultural


events, artistic displays, or light decorations, minimizing reliance on extensive firecracker use.

4. Eco-friendly Alternatives: Promote the use of eco-friendly firecrackers or alternatives that


produce fewer emissions and less noise. Support and incentivize the development and use of
such alternatives.
5. Restricted Timings: Implement time restrictions on when firecrackers can be used, especially
during late evenings and early mornings, to minimize disruptions and protect public health.

6. Limited Licensing: Control the licensing of firecracker vendors, limiting the number of
licenses issued, and ensuring adherence to environmental standards.

7. Public-Private Partnerships: Foster collaborations with private entities to organize eco-friendly


events and celebrations. Seek sponsorship for community-based, environmentally conscious
festivities.

8. Community Clean-up Initiatives: Organize post-celebration clean-up drives involving local


communities to ensure prompt removal of firecracker debris and reduce environmental impact.

9. Research and Innovation: Invest in research and innovation for cleaner firecracker alternatives
or technologies, promoting sustainable and environmentally friendly festivities.

These mechanisms aim to strike a balance between cultural traditions and environmental
conservation, fostering a shift toward more responsible and sustainable celebration practices.

3) GARBAGE IN RIVER (WATER POLLUTION)

Garbage in rivers refers to the presence of discarded or waste materials, both solid and
sometimes liquid, that contaminate and pollute the river ecosystem. This can include items such
as plastic, paper, food waste, chemicals, and other debris, which negatively impact water quality,
aquatic life, and the overall health of the river. Garbage in rivers is a form of water pollution that
poses environmental, ecological, and public health concerns.

PROVISION INVOLVED –

In India, provisions related to preventing and managing garbage in rivers are primarily covered
by various environmental and water pollution control laws. some provisions include:
1. Water (Prevention and Control of Pollution) Act, 1974:

- This act empowers the Central Pollution Control Board (CPCB) and State Pollution Control
Boards (SPCBs) to enforce water pollution control measures.

- Provisions include regulating the discharge of pollutants into water bodies and setting water
quality standards.

2. Environment (Protection) Act, 1986:

- The act grants regulatory powers to the central government for protecting and improving the
quality of the environment.

- It provides a framework for addressing issues related to garbage and pollution in rivers.

3. Biomedical Waste (Management and Handling) Rules, 2016:

- These rules focus on the proper management and disposal of biomedical waste, which
includes waste generated from healthcare activities that could otherwise end up in rivers.

4. Municipal Solid Wastes (Management and Handling) Rules, 2000:

- Provisions under these rules address the management and disposal of municipal solid waste,
including regulations to prevent the dumping of such waste into water bodies.

5. National Green Tribunal (NGT) Act, 2010:

- The NGT has the authority to hear cases and appeals related to environmental issues,
including those concerning pollution of rivers. It can issue directions to address specific cases of
river pollution.

6. The Wildlife Protection Act, 1972:


- Provisions under this act may come into play when river pollution affects wildlife. It
empowers authorities to take measures for the conservation of wildlife habitats.

7. The Indian Penal Code (IPC):

- Certain sections of the IPC may be invoked for illegal activities leading to river pollution, and
penalties can be imposed under relevant sections.

IMAGE OF THE VOILATION -

SUGGESTION -

Some possible prevention and coping mechanisms to address and mitigate the issue of garbage in
rivers:
1. Waste Management Infrastructure: Develop and strengthen waste management infrastructure
to ensure proper collection, segregation, and disposal of solid waste, preventing it from reaching
rivers.

2. Public Awareness Campaigns: Conduct extensive public awareness campaigns to educate


communities about the impact of garbage in rivers and promote responsible waste disposal
practices.

3. Community Clean-up Drives: Organize regular community clean-up initiatives involving


residents, civic groups, and authorities to remove garbage from riverbanks and surrounding
areas.

4. Riverfront Development Planning: Integrate waste management considerations into riverfront


development plans to prevent illegal dumping and encourage sustainable land use practices.

5. Legal Enforcement and Penalties: Strengthen and strictly enforce existing environmental laws
related to water pollution, with penalties for illegal dumping of waste into rivers.

6. Banning Single-Use Plastics: Implement and enforce bans on single-use plastics, a significant
contributor to river pollution. Promote the use of eco-friendly alternatives.

7. Booms and Barriers: Deploy booms and barriers strategically in rivers to catch and collect
floating debris before it spreads further downstream.

8. Community Engagement and Education Programs: Engage local communities through


education programs, workshops, and incentives to actively participate in waste reduction and
river conservation efforts.

9. Regular Monitoring and Surveillance: Establish monitoring systems using technology and
community involvement to detect and address instances of illegal dumping in real-time.

These mechanisms aim to prevent the entry of garbage into rivers, remove existing debris, and
create a culture of responsible waste management within communities. Coordination between
various stakeholders and sustained efforts are essential for effective implementation.
4) SMOKE FROM VEHICLES (AIR POLLUTION) –

Smoke from vehicles is a form of air pollution resulting from the combustion of fuels in internal
combustion engines. It contains a mixture of pollutants, including particulate matter, nitrogen
oxides, sulfur dioxide, carbon monoxide, and hydrocarbons. The visible smoke often indicates
incomplete combustion and the presence of harmful substances that can negatively impact air
quality and public health. To address this issue, environmental laws and regulations are in place
in many regions to control and reduce vehicle emissions, setting standards for permissible
pollutant levels and promoting cleaner technologies to minimize the environmental impact of
smoke from vehicles.

PROVISIONS –

Provisions related to smoke from vehicles (air pollution) in India are primarily governed by the
Central Motor Vehicles Rules, 1989, which is part of the Motor Vehicles Act, 1988. Key
provisions include:

1. Emission Standards:

The Central Motor Vehicles Rules specify emission standards for various pollutants such as
carbon monoxide (CO), hydrocarbons (HC), nitrogen oxides (NOx), and particulate matter (PM).
These standards are set for different types of vehicles.

2. Pollution Under Control (PUC) Certification:

Vehicles in India are required to undergo regular PUC testing to ensure compliance with
emission standards. The PUC certificate indicates that a vehicle's emissions are within
permissible limits.
3. Frequency of PUC Testing:

- The rules define the frequency at which different types of vehicles need to undergo PUC
testing. It mandates regular testing to maintain compliance with emission standards.

4.PUC Centers:

- Authorized PUC centers are designated to conduct emission tests and issue PUC certificates.
These centers must adhere to prescribed standards and procedures.

5. Penalties for Non-Compliance:

- The rules outline penalties for vehicle owners if their vehicles fail to meet emission standards
during PUC testing. Penalties may include fines, and repeated non-compliance can lead to legal
action.

6. Maintenance of Vehicles:

- Vehicle owners are responsible for maintaining their vehicles to ensure proper combustion
and reduce emissions. Regular maintenance, including the upkeep of the engine and exhaust
system, is emphasized.

7. Enforcement by Traffic Police:

- Traffic police are authorized to check vehicles for valid PUC certificates and take necessary
action against vehicles not meeting emission standards.

8.Bharat Stage Emission Norms:


- India follows the Bharat Stage (BS) emission norms that set progressively stringent standards
for vehicle emissions. The implementation of these norms contributes to controlling smoke and
pollutants from vehicles.

These provisions collectively aim to control and regulate emissions from vehicles, mitigate air
pollution, and ensure compliance with specified emission standards. Enforcement involves
collaboration between transport authorities, traffic police, and authorized PUC centers.

IMAGE OF THE VOILATION –

SUGGESTIONS –

Here are some practical examples of measures to prevent and cope with smoke from vehicles,
addressing air pollution:

1. Public Transportation Enhancement: Invest in and improve public transportation


infrastructure, making it more convenient and accessible. This could include expanding bus
services, introducing metro systems, and enhancing last-mile connectivity.
2. Car Sharing and Ridesharing Programs: Encourage and incentivize car-sharing and ridesharing
programs to reduce the number of individual vehicles on the road, leading to decreased
emissions.

3. Bicycle-Friendly Infrastructure: Develop bicycle lanes and implement bike-sharing programs


to promote cycling as a sustainable and emission-free mode of transportation.

4. Promotion of Electric Vehicles (EVs): Provide incentives and subsidies for the purchase of
electric vehicles. Establish charging infrastructure and promote the adoption of EVs to reduce
reliance on traditional fuel-powered vehicles.

5. Strict Emission Testing and Enforcement: Implement rigorous emission testing procedures for
vehicles during periodic inspections. Enforce strict penalties for vehicles exceeding emission
limits, encouraging compliance with standards.

6. Green Parking Initiatives: Introduce preferential parking spaces and reduced fees for
environmentally friendly vehicles, incentivizing the use of cleaner transportation options.

7. Eco-Driving Awareness Programs: Conduct awareness campaigns to educate drivers about


eco-friendly driving practices, such as maintaining proper vehicle maintenance, avoiding
unnecessary idling, and adopting fuel-efficient driving habits.

8. Urban Green Spaces and Tree Plantation: Increase green spaces and plant trees along
roadsides to help absorb pollutants and improve air quality. Vegetation acts as a natural filter for
pollutants.

9. Smart Traffic Management Systems: Implement intelligent traffic management systems that
optimize traffic flow, reducing congestion and minimizing the time vehicles spend idling.

10. Community-Based Initiatives: Foster community engagement through initiatives like


carpooling clubs, where neighbors can share rides, reducing the number of vehicles on the road.

These practical examples demonstrate a combination of policy measures, infrastructure


improvements, and community involvement to create a more sustainable and environmentally
friendly transportation system, ultimately reducing the impact of vehicle emissions on air quality.

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