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ENVIRONMENTAL LAW PROJECT,
ENVIRONMENT POLLUTION W.R.T PROBLEMS IN INDIA
ENVIRONMENT POLLUTION W.R.T PROBLEMS IN INDIA
A Project Submitted to:-
Submitted to: -
Dr. Puja Jaiswal (Asst. Professor of Law)
Submitted by: -
PRATIKSHA (2014)
DECLARATION
It is certified that the project work presented in this report entitled “Environment
Pollution w.r.t Problems in India” embodies the results of original research work
carried out by me. All the ideas and references have been duly acknowledged .
Pratiksha
(2014)
ACKNOWLEDGEMENT
I would like to thank my family and peers, whose constant encouragement kept
me motivated to work towards the completion of this project. I would also like
to extend my gratitude towards Army Institute of Law, Mohali and Dr. Tejinder
Kaur, the Principle, Army Institute of Law, Mohali for giving me this golden
opportunity of making a project on such an interesting and engaging topic.
TABLE OF CONTENTS
Declaration ................................................................................................................................. 1
Acknowledgement ..................................................................................................................... 2
Introduction ................................................................................................................................ 4
Environment ........................................................................................................................... 5
Environment Pollution ....................................................................................................... 6
Problems in India Leading to Environmental Pollution ............................................................ 7
Air Pollution........................................................................................................................... 8
Sources ............................................................................................................................... 8
Land Pollution ...................................................................................................................... 10
Causes .............................................................................................................................. 10
Water Pollution .................................................................................................................... 13
Sources ............................................................................................................................. 14
Noise Pollution ..................................................................................................................... 14
Conclusion ............................................................................................................................... 16
INTRODUCTION
Right from the Stockholm Summit, environmental concerns have been increasingly
realised and worked upon by the global community at large. The international
community has observed the impacts of the different kinds of environmental pollution
that are being seen and felt with every passing year. The unprecedented growth around
the world has made environmental pollution seem like an inescapable phenomenon in
the contemporary times-the pollutants have found their way from the air and water to
our food. While environmental pollution is seen as a global concern, each country has
different contributors and faces varying issues in the handling of the same due to their
social, economic and political functioning and future needs.
When it comes to India, the problems related to environmental pollution are uniquely
complicated. It is a developing country with the world’s second largest population and
is at the stage of an accelerating growth. While India has been long committed to
protecting the environment, its priorities have been titled towards economic growth and
eradication of poverty and world hunger. The environmental concerns that a
developing country is bound to experience due to urbanisation and industrialisation are
aggravated in India due to its high population and consequent demand for resources.
After establishing a basic understanding of environmental pollution, in this project, I
aim to evaluate the various reasons that environmental pollution continues to be one of
India’s biggest battles despite having extensive legislations and policies since a long
time for tackling environmental woes
ENVIRONMENT
Our common human-centric understanding of ‘environment’ suggests that it is what
surrounds us human beings, including physical and biological elements. The term
environment has been derived from the term ‘environ’, which means ‘that which surrounds.
Thus, etymologically ‘environment' means “surrounding conditions, circumstances affecting
people’s life1. That sets a rather variable definition of environment that can change with an
individual’s setting.
Legislations that lay down procedures and rules to tackle environmental pollution refer to the
environment from more of an ecological perception. In the case of Karnataka Industrial Areas
Development Board v. C. Kenchappa3, the Apex Court extended the view that some
understanding of what ‘the environment’ may encompass can be deduced from treaty
provisions. It was observed that agreements which define environmental effects, impacts or
damage typically include “harm to flora, fauna, soil, water, air, landscape, cultural heritage,
and any interaction between these factors”.
Under the Environmental Protection Act, 1986, ‘Environment’ is defined to include “water,
air and land and the inter-relationship which exists among and between, water, air, land, and
human beings, other living creatures, plants, microorganisms and property”4.
1
P.H Collins, Dictionary of Ecology and the Environment (1990)
2
T.N. Godavaraman Thirumalpad v. Union of India. (2002) 10 SCC 606
3
Karnataka Industrial Areas Development Board v. C. Kenchappa, (2006) 6 SCC 371
4
Environment Protection Act, 1986, Sec. 2(a)
After gaining the context of the term environmental pollution, we move to grasping the
factors that give rise to this very problem in India.
5
Environment Protection Act, 1986, Sec. 2(c)
6
Environment Protection Act, 1986, Sec. 2(b)
India was one of the countries who were part of the first global summit on environmental
concerns—the Stockholm Summit—and consequently, passed many legislations
concerning environmental protection under Article 253 of the Indian Constitution, a few of
them being Air Pollution Act, the Water Act and Public Liability Insurance Act. Despite
extensive laws, national plans and policies on environment protection, India struggles with
the problem of environmental pollution.
While we will delve into specific contributors to the issue, the overarching factors
responsible for environmental pollution in India are ineffective implementation of the
regulations, its high population density and its narrow focus towards economic growth as a
developing country.
Due to a very high population pressure, India pushes ahead with vigorous industrial
development at an unprecedented rate. India has been going through a phase of accelerated
industrial activities for the past three decades. The associated growth in terms of
industrialization and urbanization has led to manifold increase in pollution issues, more
specifically air pollution issues7. Consequently, industrial clusters throughout the nation
produce enormous amounts of untreated toxic waste that often end up in the environment—
in the rivers, lakes, forests, and landfills8. Although India has sufficient environmental laws,
weak enforcement and the lack of funds and manpower are most often the stumbling blocks
for the pollution control boards9. In addition, India’s traditional agricultural practices such
as stubble burning contribute to the decimation of the environmental system.
The overarching contributors manifest in various ways and contribute to the different kinds
of environmental pollution. While there are various classifications of environmental
pollution such as thermal pollution, light pollution and radioactive pollution, we will be
looking at four major kinds of pollution to understand India specific problems that
contribute to pollution and the kind of legislative framework that exists to deal with them—
7
MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE, GOI, NATIONAL CLEAN AIR PROGRAMME (2018).
8
Id.
9
Id.
Air Pollution has been one of India’s biggest concerns. The pollution in the Delhi-NCR
region of the country attracts international attention, particularly during the winter season
when the air is visibly polluted due to a combination of atmospheric and human factors,
including winter inversion and post-monsoon biomass (stubble) burning to get rid of crop
residue. In the World Health Organization (WHO) global ambient air quality database of
2018, 11 of the 12 cities with the highest levels of small particulate—PM2.5—were located
in India. Further, the AirVisual's 2018 World air quality report suggests that 22 of the 30
most polluted cities in the world are in India. As per WHO12, one death out of nine in 2012
was attributed to air pollution, of which around 3 million deaths were exclusively due to
outdoor air pollution.
Sources
Air pollution, among other factors, can be mainly attributed to transportation, industries,
agriculture, biomass burning, faulty waste treatment, domestic, construction and
demolition waste.
• Vehicular emissions: The transportation sector is one of the main contributor of air
pollutants in almost every city in India, but this phenomenon is worse in urban
cities13. This can be attributed to an increased number of vehicles in comparison to
the existing infrastructural facilities. India saw a sudden boost in the amount of
motorised transport, increasing from 0.3 million in 1951 to 159.5 million in 201214.
10
Air (Prevention and Control of Pollution) Act, 1981, § 2(b).
11
Air (Prevention and Control of Pollution) Act, 1981, § 2(a).
12
WORLD HEALTH ORGANIZATION, AMBIENT AIR POLLUTION: A GLOBAL ASSESSMENT OF EXPOSURE AND
BURDEN OF DISEASE (2016).
13
Gurjar, B.R., J.A. Van Aardenne, J. Lelieveld, and M. Mohan, Emission estimates and trends (1990–2000)
for megacity Delhi and implications 38(33) Atmospheric Environment 5663 (2004).
14
Gurjar, B.R., K. Ravindra, and A.S. Nagpure, Air pollution trends over Indian megacities and their local-to-
global implications Atmospheric Environment 475–95 (2016).
• Power Plants: There has been an extreme strain on the energy consumption due to
consistent population growth rates, thereby affecting the environment and the air
quality of the megacities in India17.The thermal power plants manufacture around
74% of the total power generated in India.19 Although there have been policies and
schemes that encourage gradually shifting to renewable sources for power
generation, India is still largely dependent on coal. There is clearly an urgent need
to adopt alternative power sources including green and renewable resources for
meeting the energy requirements of the country in a sustainable way.
• Other Factors: The nuclear reactions involved in mining contribute to air pollution
as well. In the case of Goa Foundation v. Union of India18, directions were issued
15
M.C. Mehata v. Union of India, (1991) 2 SCC 137
16
Nagpure, A.S., B.R. Gurjar, V. Kumar, and P. Kumar, Estimation of exhaust and non-exhaust gaseous,
particulate matter and air toxic emissions from on-road vehicles in Delhi, Atmospheric Environment 118–24
(2016)
17
Gurjar, B.R., and A.S. Nagpure, 1(1), Indian megacities as localities of environmental vulnerability from air
quality perspective, Journal of Smart Cities (2016).
18
Goa Foundation v. Union of India, (2014) 6 SCC 590
Apart from mining, stagnant municipal solid waste can also contribute to air
pollution as it degrades to emit carbon oxides in the air.
LAND POLLUTION
Land Pollution can be largely defined as “any physical or chemical alteration to land which
causes its use to change and render it incapable of beneficial treatment without treatment”.
In India, no Act specifically deals with land pollution. However, the many rules under the
Environment Protection Act lay down the regulations to minimize land pollution, realizing
the serious ill-impacts of soil pollution.
Land/soil pollution ends up altering the properties of the soil negatively, depleting its
productivity. Industrial and municipal solid waste disposal not only negatively affects the
productivity of the soil but also the purity of the groundwater as it seeps through the soil.
High concentration of chemical substances in the soil can also affect the flora that grows on
the soil and in the case of edible vegetables grown on such soil, they enter human bodies,
causing harm to human health.
Causes
• Industries: Industries have been largely responsible for contributing to soil pollution
given that India is in its stage of industrialization. Despite regulations and deterrents in
the form of hefty fines under the National Green Tribunal Act, 2010, industries continue
to contribute to air and soil pollution as untreated industrial waste is disposed of without
neutralizing. Further, in Ashok Dey v. State of WB19, dumping garbage was termed a
nuisance.
Industries are largely responsible for handling hazardous substances such as medicines,
solvents, bleaches, aerosol cans, chemicals and batteries. Section 2(e) of the
Environment Protection Act, 1986 defines “hazardous substance” to mean “any
19
Ashok Dey v. State of West Bengal, 93 CWND 1052 D
Although Rules under the Environment Protection Act exist for the disposal of both
kinds of the abovementioned wastes, the industries and the general public hardly comply
with them till date. Most of this waste ends up on the street. Schedule I of Biomedical
Waste (Management) Rules, 2016 provides different methods of disposal for such wastes
including incineration, deep burial, local autoclaving, microwaving, mutilation,
In the case of Dr. B L Wadehra v UoI20,the petitioner sought direction to the municipal
corporation of Delhi to perform their statutory duty towards management of bio-medical
waste. The biomedical waste was disposed of on the roads and treatment was improper,
leading to adverse effects on the environment. The municipal corporation argued non-
availability of funds for lack of action on their part. The Court held that the authorities
entrusted with the work of pollution control have been wholly remiss in discharge of
their duties under the law and that they cannot absolve themselves of their duties on the
pretext of financial and other limitations such as inefficiency of staff.
• Faulty sanitation and waste management system: The excreta of human beings,
animals and birds along with faulty sanitation system and accumulation of sewage or
wastewater also leads to land pollution. This issue relates to faulty implementation of
the procedures laid down for waste disposal.
20
Dr. B L Wadehra v. UOI, (1996) 2 SCC 594
21
Wing Commander Utpa Barabara v. State of Assam, AIR 1999 Gau 78
WATER POLLUTION
The Water (Prevention and Control of Pollution) Act, 1974 defines (water) ‘pollution’ to
mean:
Humans depend on water for a variety of day-to-day activities. The use of contaminated
water with concentrations of chemically hazardous substances can be lethal or cause life-
threatening illnesses such as cholera, hepatitis, typhoid, and other water-borne diseases.
Even if we take the lens of gauging the ill impacts away from humans, water pollution is
highly harmful for the aquatic flora and fauna. For instance, eutrophication is a condition in
an aquatic ecosystem where high nutrients concentrations stimulate algae bloom. This harms
the marine ecosystems by creating dead zones with low levels of dissolved oxygen. Further,
as toxins enter the bodies of aquatic animals, the food chain alters and can cause harmful
effects on humans as the toxins enter their bodies on consumption of seafood.
Water pollution becomes particularly a concern in light of India’s water-shortage crisis. The
2018 NITI Aayog report titled 'Composite water management index' states that India is
suffering from the worst water crisis in its history--2,00,000 people die every year due to
lack of proper access to safe water. The report also observes that India is placed at 120th of
the 122 countries in the water quality index with nearly 70% of its water being
• Untreated sewage water: Untreated sewage often finds its way to water bodies such as
ponds, lakes, and rivers, and this is especially a menace in urban areas. This sort of
pollution renders the water unfit for human consumption. Water pollution is caused
from raw sewage, the lack of adequate sanitation, and nonportable water throughout the
country.
NOISE POLLUTION
Unlike the previously mentioned kinds of pollution, noise pollution does not have a
separate Act dedicated to it. However, it was included in the definition of ‘air pollutant’
in the Air (Prevention and Control of Pollution) Act, 1981 and consequently, the
provisions of the Air Act are applicable to noise pollution as well. Further, the
Environment Protection Act, 1986 confers powers on the Government of India to lay
down rules to deal with various types of pollution including noise pollution22. The Noise
Pollution (Regulation and Control) Rules, 2000 passed under the 1986 Act lay down the
ambient air quality standards in respect of noise for different areas/zones. Additionally,
22
Anirudh Kumar v. MCD, (2015) 7 SCC 779
The source of noise pollution can be mainly attributed to construction and transportation
systems (including the noise from vehicles, trains, aircrafts and engines) and then to
contributing factors such as household products such as vacuum cleaners and washing
machines. Advancements in technology can help reduce the latter. Poor urban planning
can become a factor responsible for noise pollution, since establishment of industrial
units in or near residential buildings can result in noise pollution in the residential areas
23
Anirudh Kumar v. MCD, (2015) 7 SCC 779
CONCLUSION
We find that although India has an extensive legislative framework to deal with various
aspects of environmental pollution, it still faces dramatic dangers due to environmental
pollution due to lack of effective implementation. This lack of implementation can be
partly attributed to illiteracy and lack of resources to comply with environment
protection regulations.
A correlation has been drawn by many academicians and policy makers between the
education and income levels of the population in a country and environment
development. In a study of Indian households on environmental concerns, education and
income showed significant positive association with people's concerns for the
environment.38 As a large portion of the country’s population remain below the poverty
line and illiterate, the priorities are hardly ever towards environmental protection but
towards ending hunger and poverty and promoting education. However, even if that
happens properly, environmental development might find itself on the agenda of the
general public gradually.
The desperation to overcome poverty and industrialise and urbanise has also led to a
rather myopic approach towards land planning and sustainable development which
seems to have taken a back seat.
This other half of the blame can be put on the lack of will of the executive to implement
the existing environment protection law when they stand in the way of economic growth.
There is an apprehension with the government of India to enforce its own laws on air and
water pollution lest it stop developmental projects that help create jobs and improve the
economy39. Further, with the aim of boosting the GDP, there is also a reluctance to come
down too hard on SMEs that provide employment, regardless of the fact that SMEs are
likely to contribute to environmental pollution more. This is because small businesses
are more likely to lack sufficient resources or technology that causes less environmental
pollution. Stringent enforcement of environmental regulations might put these
companies out of business. Hence, in order to maintain employment opportunities,
various environment protection regulations lay down special exceptions for SMEs or
special economic zones, making the priorities of the Indian government clear. Instead