ENVIRONMENTAL LAW

By: SONIA MAAN

Assistant professor, VSLLS,
VIPS, Delhi
 Why Environmental law is important?
• Since Vedic times, the motto of social life was “to live in harmony with
nature”
• Sages, saints, teachers of India lived in forests and meditated. There
were gurukuls built close to mother nature.
• Trees, hills, mountains, animals, rivers are worshipped as symbols of
reverence.
• There are scriptures such as Vedas, Upanishads, Gita, Mahabharata
that talk about principles to be observed by all in daily life to respect
nature, keep harmony with nature, protect natural environment,
utilise natural resources wisely.
• Ahimsa Parmo Dharmah – non violence is the dharma of the highest
order . One should be non-violent towards animals, trees, other micro
organisms alike.
• All this shows that Vedic literature was revolving around the concept of nature
and life.
• You all must have heard about the 5 elements which are the most powerful:
prithvi, jal , vayu, agni aur aakash. For the benefit of present and future
generations, these natural resources need to be safeguarded.

• During the Period of 1600, when the East India Company started its business,
their political victory was depicted by destruction of forests. They wanted
wood for shipbuilding, house building etc. Oak forests were vanished in
England.

• In 1853, work of railways started, lead to major deforestation. In 1865, Indian

Forest Act came into being. Awareness was there. People started becoming
conscious. There was Chipko movement.
With the coming of LPG policy 1991, liberalisation,
privatisation and globalisation, the economic development
became paramount. With the development, the
environment pushed to peril. Man is both the creator and
moulder of environment. By advancements in science and
technology such as inventions, discoveries, etc have badly
affected the environment.
There is a continuous battle between development and
environmental protection. We, as citizens, need to be careful
about using our resources wisely and help in protection of
environment. It is our duty not to defile the monument
structures etc.
Therefore, the balance between development and
environment needs to be maintained. For this, various laws
have been enacted and awareness is imparted to protect
and preserve environment. It is important to instil awareness
about conserving energy, protecting environment.
• MOVIE: Lorax- animated
 OVERVIEW of 1st Unit
• UNIT 1-Environmental Protection: International and National Perspective
a. Introduction
i. Environment: Meaning ( given under section 2(a) of EPA 1986)
ii. Environment Pollution: Meaning and Issues
Types of environment pollution :
• Government Policies To Curb Pollution
i) Air pollution • Various Schemes
• Causes of Pollution
ii) Water pollution • Solutions
iii) Noise pollution • International Efforts
iv) Soil pollution
v) Radio-active pollution
b. Constitutional Guidelines
i. Right to Wholesome Environment: Evolution and Application
• The background and the history of environment- concept of
environmentalism, analysis of the origins and expressions of environmental
concern, of how individuals and institutions have perceived, propagated, and
acted upon their experience of environment.
i. Relevant Provisions of the Constitution of India, 1950: Art. 14,
19 (1) (g), 21, 48-A, 51-A(g)
• Maneka Gandhi v. UOI
• Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh
• M.C Mehta v. UOI and other case laws
i. Environment Protection through Public Interest Litigation
Article 32 of SC and 226 of HC
• Environmental Laws: India and International
• How other laws have been protecting the environment
• i. Law of Torts : tort is a civil wrong, and one of the oldest remedy to abate environment pollution is
found in common law rules- nuisance, negligence, trespass, strict liability
• ii. Law of Crimes : IPC 1860, Chp 14 sections 268 to 294A deals with offences
affecting public health, safety, convenience, decency and morals.
• iii. Public Nuisance :CrPC- sections 133 to 143 and 144 and CPC section 91
• iv. Emergence of Environmental Legislations
Some of the important legislations for environment protection are as follows:
• The National Green Tribunal Act, 2010
• The Air (Prevention and Control of Pollution) Act, 1981
• The Water (Prevention and Control of Pollution) Act, 1974
• The Environment Protection Act, 1986
• The Hazardous Waste Management Regulations, etc.
• National Forest Policy 1988
• The Noise Pollution (Regulation and Control) Rules, 2000
• The Bio-Medical Waste (Handling and Disposal) Rules, 1998
 Meaning of Environment
• Environment in layman’s term means surroundings. Anything that is
surrounding a person, becomes the environment. The term environment has
been derived from a French word “Environia” which means to surround.
• Section 2(a) of the Environment Protection Act, 1986 defines environment
as includes water, air and land and the inter-relationship which exists
among and between water, air and land, and human beings, other living
creatures, plants, micro-organism and property;
• So the definition talks about both micro environment and macro
environment
• It is an inclusive definition. Meaning thereby that the definition has a wider
connotation. It does not include only things that are mentioned here but also
other things which can be encompassed within the definition. Such as soil,
marine etc.
 Environmental Pollution
• environmental pollution is defined under section 2 (C) of EPA 1986
(c) "environmental pollution" means the presence in the environment of any environmental
pollutant;
environmental pollutant is defined under section 2(b)-
section 2 (b) "environmental pollutant" means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment;

• Environmental pollution is reaching worrying proportions worldwide. Urbanization and industrialization

along with economic development have led to increase in energy consumption and waste discharges. The
global environmental pollution, including greenhouse gas emissions and acid deposition, water pollution
and waste management is considered as international public health problems.

• Environment pollution is having adverse health effects on the human life. People are suffering from lung
diseases, breathing problems, hearing impairment etc.
 ISSUES & TYPES OF POLLUTION
• Environmental issues are the harmful effects of any human activity on the environment. This includes
both the biological and physical aspects of the environment. Air pollution,  natural environment pollution,
garbage pollution, etc. are some of the major environmental issues that are causing immense concern.
Population Growth, Water Pollution, Deforestation, Urban Sprawl, Overfishing, Acid Rain, Ozone Layer Depletion,
Ocean Acidification, Air Pollution, Lowered Biodiversity

TYPES:

• WATER POLLUTION

• AIR POLLUTION

• NOISE POLLUTION

• SOIL/LAND POLLUTION

• RADIOACTIVE POLLUTION
 CAUSES OF POLLUTION
• NATURAL CAUSES: draught, floods, earthquake, tsunami, volcanic eruptions,
hurricane, etc

• MAN-MADE CAUSES:
• Population growth
• Poverty
• Urbanisation
• Industrialisation
 WATER POLLUTION
• WATER is ‘elixir of life’ . One can survive without food, but cannot survive without water. It is the main
support system of human life. British poet W. H. Auden once noted, “Thousands have lived without love,
not one without water.”
• Safe drinking water is necessary for human health.
• Shortage and unwholesomeness of water is becoming the major problem.
• Cherrapunjee which was receiving the highest rainfall years back is now not the place of highest rainfall.
( Mawsynram- village in the state Meghalaya)
• On the other hand, natural waterfalls, rivers, underground water is depleting and whatever is available is
polluted.
• Under The Water ( prevention & Control of pollution) Act, 1986 section 2 (e) 'pollution' means such
contamination of water or such alteration of the physical, chemical or biological properties of water or such
discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water
(whether directly or indirectly) as may or is likely to, create a nuisance or render such water harmful or
injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate
uses, or to the life and health of animals or plants or of aquatic organisms;

• Water pollution is presence of pollutants in the water that makes it unfit for use. Water contamination due to
alteration in physical or chemical characteristics lead to various water borne diseases. The ’Minamata
disease’ is one of the reason of water pollution.
• There are potential harmful contaminants such as arsenic, copper, lead etc been found in the tap water of every
single state in the nation.
•
Water is uniquely vulnerable to pollution. Known as a “universal solvent,” water is able to dissolve more
substances than any other liquid on earth. It’s also why water is so easily polluted. Toxic substances from farms,
towns, and factories readily dissolve into and mix with it, causing water pollution.
• There is a problem of Sewage and wastewater. Used water is a wastewater. It comes from our sinks, showers, and
toilets and from commercial, industrial, and agricultural activities (think metals, solvents, and toxic sludge).water
gets wasted in RO filter, car washing etc. The term also includes stormwater runoff, which occurs when rainfall
carries road salts, oil, grease, chemicals, and debris from impermeable surfaces into our waterways.

• More than 80 percent of the world’s wastewater flows back into the environment without being treated or reused,
according to the United Nations; in some least-developed countries, the figure tops 95 percent. In the United States,
wastewater treatment facilities process about 34 billion gallons of wastewater per day. These facilities reduce the
amount of pollutants such as pathogens, phosphorus, and nitrogen in sewage, as well as heavy metals and toxic
chemicals in industrial waste, before discharging the treated waters back into waterways. That’s when all goes well.
But according to EPA estimates, our nation’s aging and easily overwhelmed sewage treatment systems also release
more than 850 billion gallons of untreated wastewater each year.
 Causes of water pollution
• Municipal waste
• Industrial waste
• Biodegradable waste/ human defecation
• Agricultural waste
• Oil spills/ oil pollution- Mauritius Oil spill news
• Radioactive pollutants
• Throwing burnt /half burnt bodies into rivers
• Waste from worship- Superstitious customs of throwing garlands, flowers etc into river- Toxic
arsenic, lead, and cadmium were also found in water bodies. This causes algae to grow out of
control and reduce the amount of oxygen present in the water making life hard for all kinds of
marine life. Changes in pH from dissolved chemicals help cholera, hepatitis and severe
diarrhea to run rampant. Together these illnesses are responsible for 87.6% of child mortality
throughout India. In addition to those who rely on rivers and lakes daily, millions travel to
sacred water sources like the Ganges to worship, bathing and even drinking its waters.
Japanese ship, the MV Wakashio, was carrying nearly 4,000 tons of fuel ran
aground at the port of Mauritius. Ship had 3 oil tanks and one of them leaked.
Ship is stranded on the island and there is news of it breaking into two parts,
causing concerns of spilling more oil from other 2 oil tanks. The state has
declared ‘environmental emergency’
Water Quality Waste Water Management Vision 2012-2017
As per this, the Major Water Quality Issues are:
• Pathogenic (Bacteriological) Pollution
• Oxygen Depleting organic pollution
• Salinity
• Toxicity (micro-pollutants and other industrial pollutants)
Surface Water
• Eutrophication- It is the process in which a water body becomes overly enriched with nutrients, leading
to plentiful growth of simple plant life
• Oxygen depletion
Ground Water
• Fluoride
• Nitrate
• Arsenic
• Iron
• Sea water intrusion
 • WATER QUALITY MONITORING NETWORK (NWMP)
data 2020
• Present network -4111 stations - 28 States and 8 Union Territories.
• Monitoring - Monthly - Surface waters ,Half yearly - Ground water. 
• Monitoring network - 353 Rivers, 107 Lakes, 9 Tanks, 44 Ponds, 8 Creeks, 14
Canals, 18 Drains and 490 Wells.
• Monitoring stations - 980 on rivers, 117 on lakes, 18 on drains, 27 on canals, 9
on tank, 15 on creeks/seawater, 44 on pond and 490 groundwater stations. 
• Three-tiered programme- GEMS( Groundwater environment management
services), Monitoring of Indian National Aquatic Resources System (MINARS)
and Yamuna Action Plan (YAP).
• Analysis- 28 parameters consisting of physico-chemical and bacteriological
parameters.  Trace metals (9) and pesticides (28) analyzed in selected samples.
• Biomonitoring is carried out on specific locations.
 Schemes to control water pollution
• Water (Prevention & Control of Pollution) Act, 1974
• State Governments, apart from their own budgetary allocation, are also accessing
financial assistance for creation of sewerage infrastructure, including Sewage
Treatment Plants (STPs), in various cities/towns under Atal Mission for Rejuvenation
and Urban Transformation (AMRUT) and Smart Cities Mission of Ministry of
Housing & Urban Affairs as well as Namami Gange programme of Ministry of
Water Resources, River Development & Ganga Rejuvenation (MoWR,RD&GR).

• The National River Conservation Plan (NRCP), a national, top-down programme

targeting the domestic pollution that goes into the surface water. Launched in 1985,
NRCP started its work with the Ganga Action Plan.

• Ministry of Drinking Water and Sanitation (MDWS) is taking care of the sanitation
projects for villages near Ganga along with Ministry of Water Resources. The Ministry
of Environment, Forest and Climate Change has so far released Rs 2,066.98 crores for
implementation of various pollution abatement projects and Sewage Treatment Plants. 
We all are aware that during Ganesh Visarjan , enormous water pollution is
caused. The residue of flowers, fruits, incense sticks in polythene bags
create a dump on the beaches and shores of water bodies. Most of the idols
are made with Plaster of Paris i.e.  Calcium Sulphate hemi-hydrate which
takes several months to get dissolved causing prolonged water pollution.

Mumbai based NGO Sprouts

Environmental Trusts has designed idols
made with clay and stuffed it with fish
friendly material such as corn, spinach, wheat
and vegetable powder. They reduced the size
of the Idol and decorated it with organic
colors such as turmeric, chandan and gerua.
Many such experiments are done with cow
dung, sugarcane, alum and species too.
NGO AFRAZ is working for the same cause.
To curb the waste from worship- polluting the river
ganga, organisation called phool.co ( Instagram page as
well) recycle the flowers thrown into the river, thereby
protecting the river
With covid-19, Ganga River Water Has Now Become Fit for Drinking as
Industries Remain Shut Due to Lockdown

• https://www.news18.com/news/buzz/ganga-river-water-has-now-beco
me-fit-for-drinking-as-industries-remain-shut-due-to-lockdown-25755
07.html
( April 24, 2020)

• Other news articles too

 M.C MEHTA V. UNION OF
INDIA,1988
Famous case of Ganga water pollution.
River Ganga is noted for its historical significance and religious importance and is
considered most sacred by the Hindus in India. A number of cities, towns and villages
belonging to U.P, Bihar, West Bengal etc are located on the banks of the river.
Thus, with regard to the industries in which the business of tanning was being carried on at
Jajmau near Kanpur on the banks of the river Ganga, water got polluted as industrial
wastes, chemical effluents, human excreta etc are being discharged into the river. Further,
a number of dead bodies are being thrown into the river at Kasi with a belief that the dead
persons could go to heaven directly since they consider Kasi as holy place and the river as
sacred.
This Ganga water was polluted in different ways with huge quantities of effluents.
The Supreme Court in this case directed that whenever applications for licenses to
establish new industries are made such applications should be refused unless adequate
provision has been made for the treatment of trade effluents flowing out of the factories
and that immediate action should be taken against the existing industries if they are found
responsible for pollution of water.
 AIR POLLUTION
• AIR is a mixture of various gases, particulate matter and moisture that forms the earth’s atmosphere.
These gases consists of nitrogen, oxygen, argon, carbon dioxide and others.
• If the quantity of these gases and other things exceeds the permissible limits, the atmosphere is affected.
Thus, too many dust particles or vapour in the air is hazardous to health. Air pollution kills an estimated
seven million people worldwide every year. WHO data shows that 9 out of 10 people breathe air
containing high levels of pollutants. 
• Air Pollution defined under section 2(b) of Air (prevention and control of pollution ) Act, 1981- means
the presence in the atmosphere of any air pollutant

• Right to clean Air is one of the implicit right under Article 21 of the Constitution of India, however, this
by far remains a distant dream to have clean AIR. The State of Global Air 2019 report states that air
pollution is the fifth leading risk factor for mortality.
• Green-house emissions, tobacco smoking, fossil fuel, coal burnings, car emissions, crackers, aerosols,
chemicals from factories, dust, pollen etc affect the Air Quality. Poor air quality leads to climate change.
• Another reason for climate change is Sulphur dioxide, a component of smog. Ozone, a gas, is a major
part of air pollution in cities. Some air pollutants are poisonous.
• There is Steering Committee on Air Pollution and Health-Related
Issues, set up by India’s federal Ministry of Health and Family Welfare,
submitted a report to the federal government on the devastating effects of
air pollution on people’s health in India.( sharing the report)
• “It was the first time that an official report in India examined air
pollution as a health rather than an environmental issue,” says K Srinath
Reddy, who co-chaired the committee, who is also the president of the
Public Health Foundation of India.

• Parliament approves Air Quality Bill to curb pollution in Delhi-NCR

Ozone high up in our atmosphere is a good thing. It helps block harmful energy from the Sun,
called radiation. But, when ozone is closer to the ground, it can be really bad for our health. Ground level
ozone is created when sunlight reacts with certain chemicals that come from sources of burning fossil fuels,
such as factories or car exhaust. The ozone layer is depleting causing harmful rays to pass through.
• Ozone is a thick layer which acts as a shield to protect the earth from the ultraviolet
radiations coming from the sun. This layer is of great importance because of the but
obvious reason that its depletion will result in ultraviolet radiations. The concern or
agitation arises towards the environment when this layer starts depleting or gets
reduced. If not tackled on time, it can cause a lot of problems to the environment as
well as to the human beings.

• For example, skin cancer, premature ageing,  eye damage, weak immune system etc.
The main reason affecting the ozone layer is Chlorofluorocarbons (CFCs) which are
mostly produced by the industries discharging chemicals and can also be found in
household products. The ozone layer depletion is linked to the greenhouse effect and
also with global warming.

• Greenhouse effect- It is caused by the emissions of the pollutant gasses like methane,
CFCs etc. When these gases are released or get mixed in the atmosphere, it results in
the temperature to rise and this is known as global warming.
The presence of Sulphur dioxide reacts with the air and rainfall, turning it into
acid rain. Acid rain results when sulfur dioxide (SO2) and nitrogen oxides
(NOX) are emitted into the atmosphere and transported by wind and air currents.
The SO2 and NOX react with water, oxygen and other chemicals to form sulfuric
and nitric acids.  These then mix with water and other materials before falling to
the ground.

• The major sources of SO2 and NOX in the atmosphere are:

-Burning of fossil fuels to generate electricity.  Two thirds of SO2 and
one fourth of NOX in the atmosphere come from electric power generators.
-Vehicles and heavy equipment.
-Manufacturing, oil refineries and other industries.
 M.C MEHTA V. UNION OF INDIA, 1986

• This case is popularly known as the Taj Trapezium case. Taj Trapezium refers to an area of
10,400 sq. km. trapezium shaped area around Taj Mahal covering five districts in the region
of Agra. Taj Mahal is one of the most popular and beautiful monuments of the world. Taj is
one of the best examples of the Mughal architecture in India. It was declared as a UNESCO
World Heritage Site in 1983. In 1984, M.C. Mehta, a public interest lawyer visited Taj
Mahal. He saw that the monument’s marble had turned yellow as a result of pollutants from
nearby industries. This compelled Mehta to file this petition before the Supreme Court
• The foundries, brick kilns, chemical industries, and the refinery are the major sources of the
damage to the Taj Mahal. Gases like Sulphur-dioxide emitted by these industries combine
with Oxygen with the help of moisture in the atmosphere result in “Acid Rain”. This has a
corroding effect on the marble of the Taj Mahal.
• Damage to the marble is visible. A yellow pallor pervades the entire monument. At some
places the yellow spots are magnified by ugly brown and black spots.
• Thus, the petitioner sought directions from the Court to the authorities to take effective
measures against the concerned polluters.
• Orders passed by the Supreme Court before the final judgment –FINAL JUDGMENT PASSED IN 1996
•
On 8th January, 1993, the Supreme Court after hearing M.C. Mehta and taking cognizance of the report on the
‘Control of Urban Pollution’ by the Central Pollution Control Board reached to the conclusion that the main
sources of pollution are iron foundries, ferro-alloyed industries, rubber processing, lime processing,
engineering, chemical industry, brick refractory and vehicles.
• The Court further directed the U.P. Pollution Control Board (U.P.P.C.B.) to get a survey done of the area and
prepare a list of all the industries and foundries which are the sources of pollution in the area.The court directed
the U.P.P.C.B. to issue notices to all the foundries and industries in that region to satisfy the Board that necessary
anti-pollution measures have been undertaken by the said industries/foundries.
• The court in this judgment has acknowledged the fact that the Taj is threatened with deterioration and damage .
• The Court took into consideration reports of various expert authorities and found out that the emissions
generated by the industries are in fact air pollutants and have a corroding effect not only on the marble used in
the Taj but also on the people living in the Taj Trapezium Zone. The atmospheric pollution in TTZ has to be
reduced at any cost.
• The Court by relying on the precautionary principle held that the environmental measures must anticipate,
prevent and attack the causes of environmental degradation. The ‘onus of proof is on an industry to show that
its operation with the aid of coke/coal is environmentally benign. It is, rather, proved beyond doubt that the
emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air’.
• The Court further held that 292 industries shall change over to the natural gas as an industrial-fuel. The
industries which are not in a position to obtain gas connections shall stop functioning with the aid of coke/coal
in the TTZ and may relocate themselves. The Gas Authority of India Limited (GAIL) will take the final decision
in respect to the applications for the grant of gas connections. 
The court further directed the following to monitor the air pollution in TTZ  –
(a) The setting up of hydro cracker unit and various other devices by the Mathura Refinery.
(b) The setting up of 50 bed hospital and two mobile dispensaries by the Mathura Refinery to provide medical aid to the people living in
TTZ.
(c) Construction of Agra bypass to divert all the traffic which passes through the city of Agra.
(d) Additional amount of Rs. 99.54 crores sanctioned by the Planning Commission to be utilized by the State Government for the
construction of electricity supply projects to ensure 100 per cent uninterrupted electricity to the TTZ.
(e) The construction of Gokul Barrage, water supply work of Gokul Barrage, roads around Gokul Barrage, Agra Barrage and water supply
of Agra barrage, have also been undertaken on a time schedule basis to supply drinking water to the residents of Agra and to bring life into
river Yamuna which is next to the Taj (Court order dated May 10, 1996 and August 30, 1996).
(f) Green belt as recommended by NEERI (National Environmental Engineering Research Institute) will be set up around Taj.
(g) The Court suggested to the Planning Commission by order dated September 4, 1996 to consider sanctioning separate allocation for the
city of Agra and the creation of separate cell under the control of Central Government to safeguard and preserve the Taj, the city of Agra and
other national heritage monuments in the TT.
(h) All emporia and shops functioning within the Taj premises have been directed to be closed.
(i) Directions were issued to the Government of India to decide the issue, pertaining to declaration of Agra as heritage city, within two
months.
The judgment became a landmark one for environmental law jurisprudence in India. Authorities reported a significant reduction of
Suspended Particulate Matter which is one of the pollutants causing discoloration of the Taj Mahal. This judgment is also a commendable
move of the Supreme Court since the court has not only ordered for effective counter measures but also kept the rights and benefits of
employees working in the industries secure.
In 2019, SC lifted ban on construction , industrial activities in TT zone. A Bench headed by Chief Justice Sharad Arvind Bobde said
non polluting industries with proper clearances and those complying with the rules can be allowed. It said ban on heavy industry
will continue.
 Control Measures

• Air (Prevention & Control of Pollution) Act, 1981

• National Air Quality Monitoring Programme
• Introduction of unleaded petrol (1998), catalytic converter in passenger cars
(1995), reduction of sulfur content in diesel (2000) and reduction of benzene
content in fuels (2000). Others include construction of flyovers and subways for
smooth traffic flow, introduction of Metro rail and CNG for commercial
transport vehicles (buses, taxis, auto rickshaws), phasing out of very old
commercial vehicles, introduction of mandatory “Pollution Under Control”
certificate with 3-month validity and stringent enforcement of emission norms
complying with Bharat Stage II/Euro-II or higher emission norms. Introduction
of The Air Ambience Fund levied from diesel sales and setting up of stringent
emission norms for industries and thermal power stations are the other measures.
Environmental awareness campaigns are also carried out at regular intervals.
The Delhi Pollution Control Board conducts monthly Ambient Air Quality
Monitoring at 40 locations in Delhi, and takes corrective action wherever
necessary.
• The first Industrial Policy for Delhi was introduced in 1982. Subsequently, a second
Industrial policy (2010–2021) was issued by the Department of Industries, Government of
Delhi. It is a comprehensive document envisioning higher industrial development in
Delhi, with one of its mandates being to develop clean and non-polluting industries and
details of steps to be undertaken in this direction have been described.
• There are many other organizations that work synergistically with the government efforts
to reduce air pollution. These include the Centre for Science and Environment and The
Energy and Resources Institute, and the Indian Association for Air Pollution Control
• In 2019, the National Clean Air Program (NCAP) was launched that recognized the need
for cross-sectoral coordination for pollution mitigation. Nearly Rs 300 crore, under the
NCAP, has been allocated for the expansion of air quality monitoring networks and to
develop city-specific action plans aimed at 20-30% reduction in pollution levels by 2024.
• Some measures were taken under the Budget India 2020 and clean air:
• During the speech on Union Budget financial year 2020-21, Union Finance Minister Nirmala Sitharaman
spoke about the need for clean air. Budget has been allocated to utilize on mitigating Air pollution.
• Air quality in India has been a major cause of concern, especially since November 2017, when the post-
Diwali air quality caused an air emergency situation in the National Capital. The particulate matter (PM) 2.5
and PM 10 levels were recorded at 999 micrograms per cubic metre, while the safe levels are considered to
be 60 and 100 for the respective PM categories. Since then, the declining quality of air has been hotly
debated in the public discourse. The Delhi government has twice launched the Odd-Even scheme, under
which only half the cars can ply on the road on a particular day. Apart from this, the Punjab government
incentivized farmers in the state to stop burning paddy straw, which was found to be a major cause behind
the air pollution in NCR and surrounding areas. Moreover, the Supreme Court has also imposed timing for
bursting crackers on Diwali for the past two years between 8pm to 10 pm. And also use green
crackers.
• ‘Ujjawal scheme’ launched in 2016 to provide gas in rural household by 2022.
• Proposals included switching to clean energy sources for cook stoves, public transport and industry, as well
as measures to reduce road traffic by raising fuel taxes and parking fees, levying congestion charges, and
creating vehicle-free zones and cycle paths are other methods.
1.The Central Government has notified a Comprehensive Action Plan (CAP) in
2018 identifying timelines and implementing agencies for actions identified for
prevention, control and mitigation of air pollution in Delhi and NCR.
2.Graded Response Action Plan (GRAP) was notified on January 12, 2017, for
prevention,    control and abatement of air pollution in Delhi and NCR. It
identifies graded measures and implementing agencies for response to four AQI
categories, namely, Moderate to Poor, Very Poor, Severe and Severe + or
Emergency.
3.SAMEER app has been launched wherein air quality information is available to
public along with provision for registering complaints against air polluting
activities.
4.Under the National Green Corps (NGC) programme of the Ministry, about one
lakh schools have been identified as Eco-clubs, wherein, nearly thirty lakh
students are actively participating in various environment protection and
conservation activities, including the issues related to the air pollution.
5.CM inaugurated Capital’s first smog tower on August 23, 2021
Supreme Court order
On January 13 last year, the
Supreme Court ordered the Delhi
government to build a smog
tower at Connaught Place in the
city by April 13, 2020, to control
air pollution.
On the same day, the court also
ordered a smog tower to be
installed in Anand Vihar by the
Central Pollution Control Board
(CPCB) by the same time. But
the governments missed the
deadlines for both the towers.
On July 29, 2020, the Supreme
Court threatened contempt action
against the Indian Institute of
Technology (Bombay) on
learning that the premier
institution has opted to pull out
of the court-ordered project to
install the tower.
• Is Covid-19 good for environment?
• During the lockdown, various restrictions posed by GOI and subsequent lockdown, anthropogenic
activities like industrial projects, vehicular movement, construction projects, tourism other
common transportation activities witnessed a ‘never before’ stagnant phase.

• All this has given the nature a “healing time” with reduced human interference in natural
environment. 

• The Haryana State Pollution Control Board (HSPCB) has managed to install two low-cost air
quality sensors in the city — one at Gurugram University in sector 51 and the other at The Energy
Research Institute (TERI) Gram in Gwal Pahari village. These sensors are expected to provide
more accurate information about air pollutants up till PM10.
The satellite views clearly depict how the
concentration of PM2.5 and PM10 has reduced during
the span of one month especially in the Northern
and eastern states including the capital New Delhi
(The hot spot of air pollution).
 Effect of COVID-19 on air quality was also studied through Air Quality index (AQI) which is one of the important tools to measure the level of
pollution due to major air pollutants. It is an overall scheme proposed by Central Pollution Control board (CPCB) which transforms the
weighted values of seven air pollutants (PM 2.5, PM10, CO, NH3, NO2, SO2 and Ozone) in to a single number or set of numbers. It categorizes the
air quality into six categories from Good (with AQI ranging from 0 to 50) to Severe
Weekly AQI data (before and during lockdown period) (NAQI- CPCB, 2020).

Sl. No State Name Station Name AQI before lockdown AQI after declaration of lockdown

14 January’ 2020 24 March’ 2020 31 March’ 2020 7 April’ 2020 14 April’ 2020
1 Andhra Pradesh Anand Kala 216 62 69 29 37
Kshetram,
Rajamahendravaram
– APPCB
2 Bihar Muzaffarpur 367 266 134 65 84
Collectorate,
Muzaffarpur - BSPCB
3 Chandigarh Sector-25, 75 35 38 41 45
Chandigarh – CPCC
4 Delhi IHBAS, Dilshad 301 99 24 37 53
Garden, Delhi - CPCB
5 Haryana Sector- 16A, 315 151 121 121 78
Faridabad – HSPCB
6 Karnataka Peenya, Bengaluru – 143 105 50 57 63
CPCB
7 Maharashtra Chhatrapati Shivaji 122 94 68 55 67
Intl. Airport (T2),
Mumbai – MPCB

8 Punjab Model Town, Patiala 106 49 26 43 51

– PPCB
9 Tamil Nadu Alandur Bus Depot, 172 42 40 29 27
Chennai – CPCB

10 Telangana ICRISAT Patancheru, 130 64 64 47 77

Hyderabad - TSPCB
 LAND POLLUTION
• Land pollution as such has not been defined under any statute. Land pollution
is demolition of earth’s surface and misuse of land resources. It can be said
that land pollution is “ any physical or chemical alteration to land which cause
its use to change and render it incapable of beneficial treatment without
treatment.

• MAJOR SOURCES OF LAND POLLUTION ARE

CONSTRUCTION
DEFORESTATION
DOMESTIC WASTE
INDUSTRIAL WASTE
AGRICULTURE
MINING ACTIVITIES
 TYPES
• Non-biodegradable Solid Waste
OF LAND POLLUTION
• There is a lot of waste that is generated in our homes, schools, hospitals, shops, and even workplaces. Most of this waste is non-
biodegradable. It can take up to millions of years to decompose completely. Now due to covid-19, use of masks increased and no facility
for disposal.
• Non-biodegradable solid waste includes metal, glass, and plastic products. This waste finds its way to the dumping areas, which in turn
results in landfills.
• According to the WHO’s health guidelines, soiled tissues and used face masks must be thrown only into lidded litter bins, while any
medical gear used by affected patients and hospital staff must be sterilised and burnt at high temperatures in dedicated incinerators.  
As such, only state-of-the-art incinerators operating at 850-1100°C, with special gas-cleaning equipment, can burn these items in accordan
ce with international emission standards.
 Unfortunately, however, not all regions have the capacity to properly deal with the sudden spike in clinical waste generated as a result of
the COVID-19 outbreak.  
• Take the case of Wuhan, for example. The Chinese city which has been at the epicentre of the pandemic and which is home to over 11
million people, is reported to have generated 200 tons of clinical trash on a single day (24 February 2020), four times the amount the city’s
only dedicated facility can incinerate per day. 
• Agricultural Land Pollution
• We use a lot of fertilizers as well as pesticides, fungicides, and insecticides on our agricultural land in a bid
to maximize yields.
• These agricultural inputs are all loaded with chemicals. The chemicals are effective in killing the pests and
increasing production. But they also strip the soil of its minerals and other valuable compounds.
• Moreover, they are harmful to animals, fish, birds, and useful microbes. In fact, some of the herbicides we
use to eradicate weeds are so harmful that they can be deadly even when used in small amounts.

• Industrial Wastes
• Industrial wastes are normally generated from agricultural produce plants.
• For example, processors, oil refineries, pharmaceuticals, construction sites, and energy producing power e,
power plants release chemical wastes and dispose them in landfills. These include coal, petroleum, and
nuclear wastes. Construction sites, on the other hand, produce wood, metal, and plastic wastes, which make
their way into landfills.
• While energy producing plants burn fossil fuels and biomass, other industrial producers like oil refineries
and pharmaceuticals use various raw materials that generate loads of chemical residues and byproducts. 
• Deforestation
• Land degradation and pollution also occur when we cut down trees to clear land for agriculture, construction,
mining or other economic activities.
• Deforestation leads to the total loss of the land’s value. Elimination of natural vegetation disrupts the
ecosystem, adversely affecting various life forms.
• Take forest areas, for example; trees absorb 20 percent of the heat from the sun’s radiation. In so doing, it
protects and conserves the surface soils from detrimental degradation.
• When you cut trees, you expose the earth’s surface to the sun’s intense heat and other harmful elements.
This, in turn, leads to land pollution, soil degradation, and desertification(fertile land becomes desert)
• Mining
• The extraction of minerals and ores from under the Earth’s surface also contributes to land pollution.
• Mining degrades the quality of land. These include the extraction of metals, oil, coal, stones, stand, and
mineral ores such as gold. When mining or quarrying, you normally have to clear the land surface and drill
huge manholes and pits.
• After mining, we leave the land completely defaced and exposed to erosion, which further whittles down its
quality and value.
 Effects of Land pollution
1. Ground water poisoning
• Depending on the soil and whether the chemicals were improperly disposed of on the land, the chemicals could end up in
the ground water. The process is known as leaching. It can occur on farms, industrial sites, and landfills.
2. Water nutrient enrichment
• Chemicals, such as nitrogen, are used frequently on farms. Only a small portion of the nutrients end up benefitting the
crops. The remainder usually ends up in water that is populated by fish, algae, and other lifeforms. The nutrient-heavy
water saps up most of the oxygen in the water, which leaves little for fish and other life. When this happens, the water is
unable to support most lifeforms.
3. Loss of topsoil
• As chemical fertilizers and pesticides are used to maintain crops, the topsoil’s composition becomes altered. The soil
becomes more susceptible to harmful fungus species and begins to erode. It is important to conserve our soil to maximize
land productivity.
4. Shifting habitat
• As deforestation and soil erosion progress, animals are forced to move to find shelter and food. For some animals, the
change is too traumatic, and this has led to some dying. As a result, some species are at a greater risk of extinction.
5. Increased risk of wildfires- California , Amazon rainforest, Australia, TURKEY, GREECE
• The dry conditions created by pollutants in the soil help to create the perfect environment for wildfires. The fires can
grow quickly because of the dry conditions and widening area of polluted land.
 Prevention of land pollution
• When it comes to dealing with the land pollution menace, the three ‘Rs’ – Reduce,
Reuse, and Recycle – have always be given prominence.
• Reduce
• In the spirit of curbing land pollution, you should reduce the use of non-biodegradable
products. This is one of the easiest land pollution solutions to implement.
• For example, you can carry reusable bags with you when you go out shopping. In this
way, you won’t need a plastic carry bag from the shop.
• Likewise, use biodegradable materials wherever possible. And replace plastic products
with metal or glass ones.
• Reuse
• You should avoid throwing things that can be reused. 
• Recycle
• Recycling is one of the best solutions for land pollution. There are major skincare
brands that have recycling program such as Innisfree, kiehl’s, The Body Shop
 LAWS AND REGULATIONS
• There is no stringent legislation dealing with land pollution, but EPA, 1986 touches upon land pollution.
• Hazardous wastes (management , handling and transboundary movement) rules, 2008- it provides that occupier shall be
responsible for safe and environmentally sound handling of such hazardous substances generated in his establishment. It should be
disposed off in an authorised manner.
• Indian Council For Enviro-Legal v. Union Of India And Ors. etc on 13 February, 1996 (1996 SCC (3) 212) popularly known as H-Acid
case
• Bichhri is a small village in Udaipur district of Rajasthan. There was major industrial establishment which started producing
certain chemicals and acid. It gave rise to enormous quantities of highly toxic effluents - in particular, iron-based and gypsum-
based sludge - which if not properly treated, can pose grave threat to mother Earth. It poisons the earth, the water and everything
that comes in contact with it. Since the toxic untreated waste waters were allowed to flow out freely and because the untreated
toxic sludge was thrown in the open in and around the complex, the toxic substances have percolated deep into the bowels of the
earth polluting the aquifers and the subterranean supply of water. The water in the wells and the streams has turned dark and dirty
rendering it unfit for human consumption. It has become unfit for cattle to drink and for irrigating the land. The soil has become
polluted rendering it unfit for cultivation, the main stay of the villagers. It spread disease, death and disaster in the village and the
surrounding areas.
• The SC ordered closure of industries. And stated that the units started manufacturing various chemicals without obtaining requisite
clearances/consents/licenses. They did not install any equipment for treatment of highly toxic effluents discharged by them. They
continued to function even after and in spite of the closure orders of the R.P.C.B.
• Court also given directions to industries
• The Bio-Medical waste (Management and handling) Rules, 1998- waste that is generated by hospitals, Clinics, blood
banks, and other organisations-to collect, receive, store, transport, treat and dispose off waste in an authorised manner.
• The Municipal Solid Wastes ( Management and handling) Rules, 2000- waste that is generated by commercial or
residential areas- landfillings, vermicomposting etc.
• Plastic waste ( Management and handling) Rules, 2011- prohibit the use of plastics or containers – in 2019, there was a
plastic ban on single use plastic, but till date, people are using plastic bags.
No manufacturer or vendor can use a plastic bag which is below 50 microns as thinner bags pose a
major threat to the environment due to its non-disposability. The usage of plastic bags is still high as
the ban is not implemented on all plastic bags.
National Green Tribunal in Delhi NCR introduced a ban on disposable plastic like cutlery, bags and
other plastic items amid concern over India’s growing waste. The ban was imposed but, till now
nothing has been done by the government.

The draft Plastic Waste Management Rules, 2021, issued by the Union Ministry of Environment,
Forests and Climate Change (MoEFCC) on March 11, has necessitated a few changes in the country’s
handling of its plastic waste.
One, the amendment has extended the applicability of the rules to brand-owner, plastic waste
processor, including the recycler, co-processor, etc.  It will also include new definitions of:
• Non-woven plastic bag
• Plastic waste processing
• Single-use plastic (SUP) item
• Thermoset plastic
• Thermoplastic

The Union ministry has proposed increasing the thickness of carry bags made of virgin plastic to 120
microns from 50 microns. The draft also proposes a ban on the manufacture, import, stocking,
distribution, sale and use of specific single-use plastic from January 1, 2022. These include plastic
sticks for balloons, plastic flags, candy sticks, ice-cream sticks, and thermocol (extended polystyrene)
for decoration.
The draft is open for public suggestion for 60 days for consideration by the central government,
following which it will be published in the Gazette of India.
 NOISE POLLUTION
• Noise pollution is an unwanted or excessive sound that can have deleterious effects on human health and environmental
quality
• noise pollution is one of the major environmental concerns. According to Robert Koch a Nobel prize winner German
bacteriologist "A day will come man will have to fight merciless noise as the worst enemy of health.“ The problem of
noise pollution has already crossed the danger point and noise like smog, is threatening as a slow agent of death. It is hard
to find, even in rural areas, any place where the only sound are those produced by nature.
• Major sources are: vehicular traffic, industries, household instruments, loudspeakers, construction, airplane, rails, etc.
The term "noise pollution" has not been defined in the Central Legislative Acts anywhere. But Environment (Protection)
Act, 1986 recognizes noise as an "environmental pollution" and empowers the Central Government to frame the rules
prescribing the maximum permissible limits for noise in different areas. In 1987, amendment to the Air (Prevention
And Control of Pollution) Act, 1981 expanded the definition of "air pollution" to include noise.
• Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 includes noise in the definition of ‘air pollutant’.

Section 2(a) air pollution means any solid, liquid or gaseous substance including noise present in the atmosphere such
concentration as may be or tent to injurious to human beings or other living creatures or plants or property or
environment.
• Noise is a type of atmospheric pollution in the form of waves. It is a shadowy public enemy.
It has increased in the modern age of industrialization and technological advancement.
Many Industrial psychologists and environmentalists have defined the term noise. According
to Blum, noise acts as a distracter and, therefore, it interferes with the efficiency of people.
J. Tiffin states that noise is a sound which is disagreeable to the individual and which
disturb the normal activities of an individual. Harrell defines noise as 'an unwanted sound
which increases fatigue & under some industrial conditions it causes deafness'.
• Noise pollution causes harmful effects, such as difficulty in concentrating, increase in blood
pressure, anger issues, deafness, irritability, effects on animals as well
• A decibel is the standard for the measurement of noise. The zero on a decibel scale is at the
threshold of hearing, the lowest sound pressure that can be heard, on the scale is, 20 db is
whisper, 40 db the noise in a quiet office . 60 db is normal conversation, 80 db is the level at
which sound becomes physically painful.90 db noise from waterfalls such as Niagra falls.
100-110 db is jet aircrafts, 150 db is jet while taking off, 180 db and above, space launch
vehicle.
 Effects of noise pollution
• Auditory effects-
- temporary hearing loss
- permanent hearing loss
• Non-Auditory Effects-
-annoyance
-loss of efficiency
-Disturbance in sleep
-Effect on cardiovascular system
-Effects on nervous system
-irritability
 CONTROL MEASURES

• NON-LEGISLATIVE MEASURES
• Designing silencing devices in aircrafts, jet, scooters, bikes etc
• Trees such as Neem and Ashoka absorb sound vibrations, so
plantation of these trees nearby roads help in mitigating noise
pollution
• Sound absorbing materials should be used in industries etc
• Construction of sound-proof buildings
• General awareness should be developed
 CONTROL MEASURES
• There was no legislative measure adopted for controlling noise pollution before year 2000.
In 2000, Noise Pollution ( Regulation and Control ) Rules 2000 was framed by Central
Government. Before 2000, noise pollution was tackled under various other laws. Such as-
• Noise Pollution Control under the Indian Penal Code (1860)
• Noise is considered as public nuisance under Section 268 of the Indian Penal Code and
thus, there is a criminal liability of a person relating to his illegal omission resulting in
common injury, danger or annoyance to the people in general. The acts of public nuisance
have been made punishable under Section 290 of the Indian Penal Code which provides
that whoever commits a public nuisance in any case not otherwise punishable by the Code
shall be punished with fine which may extend to two hundred rupees.
• Chapter XIV of India Penal Code deals with offences relating to the public health, safety,
convenience, decency, and morals under section 268, 269, 270, 278, 279, 280, 287, 288,
290, 291, and 294. Sections 188, 295, 296, 337, 399, 441, 425, 426, 503, noise pollution
can be penalized with the help of above sections.
• Case: Kirori Mal Bishamber Dayal v. State of Punjab, AIR 1958 P H 11
• The provisions of Criminal Procedure Code, 1973 (Cr. P. C) can also be invoked to
prevent the pollution of almost all kinds, including noise pollution. Under S.133 and
S.144 of Criminal Procedure Code, the Executive Magistrates have been authorized to
issue certain conditional orders.
• This section empowers the Magistrate, on police report or on other information, to
remove, prohibit or regulate any public nuisance or any trade or occupation,
injurious to health or physical comfort of the community as noise sometimes
amount to public nuisance and also may cause physical discomfort to the people, its
control will lie within the ambit of the aforesaid sections of the Code.
• Section 144 of CrPC is used in urgent cases of nuisance, can be used to prevent any
annoyance or injury to any person or danger to human life, health or safety or
disturbance of public tranquility, riots, affray.
• Cases: Dwarka Prasad v. B.K Roy AIR 1950 Cal. 349
• Krishan Gopal v. State of M.P 1986 CrL.J 396
• Aircraft Act, 1934- it has been suggested that aerodromes be constructed away from residential areas
of a city in order to protect residents from noise created by frequent take-off and landing.
• The Factories Act, 1948- Third Schedule contains the list of noticeable diseases like hearing loss
caused by noise. Entry 22 of the Sch. Deals with ‘noise induced hearing loss’ and compensation to be
paid.
• The Police Act, 1861 it covers the problems of noise arising from music, which is one of the aspects
of noise pollution. Under the provisions of this Act Superintendents of Police are authorized to regulate
the extent of which music may be used in streets on the occasions of festivals and ceremonies.
• Air (Prevention and Control of Pollution) Act, 1981- Section 16 (2)(h) provides for the central
pollution control board to lay down standards for noise.
• The Environment (Protection) Act, 1986 and the Environment (Protection) Rules, 1986- Entry 89
of schedule-1 of the Environment (Protection) Rules, 1986; provides for the noise standards for fire
crackers and it prohibits the manufacture, sale or use of fire-crackers generating noise level exceeding
125 db or 145 db at 4 meters distance from the point of bursting.
• Motor vehicle Act, 1988- section 110 to make rules for regulating construction, equipment and
maintenance of motor vehicles and Central Motor Vehicles rules,1989 on use of horns-
• case: Nayan Bihari Das v. State of Orissa AIR 1998 Ori 39.
 Noise Pollution (Regulation and Control)
Rules, 2000
• Came into being on 14th July 2000

• The Central Government in exercise of the powers under section 3(2)(ii) , section 6(1) and section 6 (2) (b) and
section 25 of the Environment Protection Act, 1986 read with Rule 5 of the Environment Protection rules, 1986
enacted the Noise pollution ( Regulation and Control ) Rules, 2000
Sec 3. Power of Central Government to take measures to protect and improve environment. 
2. In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include
measures with respect to all or any of the following matters, namely:
(ii)planning and execution of a nation-wide programme for the prevention, control and abatement of environmental
pollution;
Sec 6. Rules to regulate environmental pollution.
(1)The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters
referred to in section 3.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:
(b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;
Sec 25. Power to make rules.
RULE 5. Prohibitions and restrictions on the location of industries and the carrying on processes and operations in different
areas
 Free legal Aid cell v. Govt. of NCT of Delhi AIR 2001 Delhi 455

• The Delhi High Court directed that the authority empowered to take
action under the said rules should give wide publicity to the rules by
inserting appropriate advertisements in at least six national daily
newspapers. The Court further directed that it would be the
responsibility of the area S.D.Ms to see that the rules are strictly
adhered to in letter and spirit.

• DIFFICULTY IN IMPLEMENTATION OF NOISE POLLUTION CONTROL

LAWS
 Constitutional Provisions with respect to Noise Pollution

• The Constitution obligates ‘state’ and the ‘citizens’ to protect and improve the
environment .
• Art 48-A- Protection and improvement of environment and safeguarding of
forests and wild life The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country
• Art 51 A-g- to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures;
• Art 21- Right to Life
• Art 19 (1) (a)- Freedom of Speech and Expression
• Art 25- 25. Freedom of conscience and free profession, practice and
propagation of religion. (1) Subject to public order, morality and health and to
the other provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate religion.
• In State of Rajasthan v. G Chawla, AIR 1959 S.C 544, a unique question came up before the Supreme Court
whether the State Legislation has right to prevent and control noise pollution and make it punishable? Do such
restrictions or State enactments amount to violation of the freedom of speech for prevention and control of noises?
The Supreme Court was of the opinion that this freedom is not absolute. It is subjected to the restrictions under
Article 19(2). This clause (2) of Article 19 provides certain reasonable restrictions which can be in the freedom of
speech and expression. Thus, if any law, pre-constitutional or post-constitutional, imposes reasonable restrictions
in the interest of public order, it is constitutional. In this case, the Ajmer (Sound Amplifier Control) act, 1952
was challenged as violative of freedom of speech and expression and that the State Government had no
power under the Constitution to enact such laws.
• The Supreme Court declared that the said act is not unconstitutional as it is a reasonable restriction in the interest
of public order and the state is also empowered to enact such laws. To make things more clear it was observed by
the court that the state can make laws in the exercise of its power under Entry 8, “Public Health and Sanitation
of List II provided under Seventh Schedule”. Thus, the states “have the right to control loud noises when the
rights of such user, in disregard to the comfort and obligations to others, emerges as manifest nuisance to
them”. Thus, laws to control loud noises and music enacted by various states are within the permissible limits of
the Constitution and are a reasonable restriction on the freedom of speech and expression. The court made it clear
that persons are free to make noise but not to transgress the right of others to live peacefully. 
• Article 21 of the Constitution guarantees life and personal liberty to all
persons. It is well settled by repeated pronouncements of this Court as also
the High Courts that right to life enshrined in Article 21 is not of mere
survival or existence. It guarantees a right of persons to live with human
dignity.
• Those who make noise often take shelter behind Article 19(1)(a) pleading
freedom of speech and right to expression. Undoubtedly, the freedom of
speech and right to expression are fundamental rights but the rights are not
absolute. Nobody can claim a fundamental right to create noise by
amplifying the sound of his speech with the help of loudspeakers. While
one has a right to speech, others have a right to listen or refuse to listen. 
• Two decisions in this regard delivered by High Courts have been brought
to notice wherein the right to live in an atmosphere free from noise
pollution has been upheld as the one guaranteed by Article 21 of the
Constitution. Free legal Aid cell v. Govt. of NCT of Delhi AIR 2001 Delhi 455 and
P.A. Jacob v The Superintendent Of Police, Kottayam AIR 1993 Ker 1
 P.A. Jacob vs The Superintendent Of Police, Kottayam AIR 1993 Ker 1
• Claiming a fundamental right to use a loud speaker at public meetings to voice his views,
petitioner seeks to restrain respondents from interfering with the use of a loud speaker by
him.
•  petitioner sought permission to use loud speakers and sound amplifiers to hold public
meeting where he proposed to denounce the practice of an orthodox Christian sect which
barred its members from marrying outside their denomination. The Sub-inspector
withdrew the permission apprehending that petitioners view may cause public disorder.
The petitioner approached the Kerala High Court that action of respondent is violative of
Art 19(1)(a).
• The Court held that this right doesn’t include the right to use loudspeakers or sound
amplifiers. This right is not absolute right and can be restricted under Art. 19(2). Ones right
of freedom cannot curtail others right of freedom of silence.
• Free legal Aid cell v. Govt. of NCT of Delhi AIR 2001 Delhi 455
• Main grievance in this petition is that as a result of display of fire works and use thereof
during festivals and marriages, physical and mental hazard is suffered by adults as well as
children.
• The Court allowed the petition considering the effect of noise on health.
• In Burrabazar Fireworks Dealers Association v. Commissioner of police,
Calcutta, AIR 1998 Cal. 121 it has been held "Art. 19(1)(g) of the
Constitution of India does not guarantee the fundamental right to carry on
trade or business which creates pollution or which takes away
communities safety, health and peace. People cannot be made a captive
listener to hear the tremendous sounds caused by bursting of noisy
fireworks. It may give pleasure to one or two persons who burst it but
others have to be a captive listener whose fundamental rights guaranteed
under Article 19(1)(a) and other provisions of the Constitution are taken
away, suspended and made meaningless. Under Art. 19(1)(a), read
with Art. 21 of the constitution of India, the citizens have a right of
decent environment and they have a right to live peacefully, right to sleep
at night and to have a right to leisure which are all necessary under Art.
21 of the Constitution
 Dhannalal And Anr. v. Thakur Chittarsingh Mehtapsingh 1957

• This is defendants' second appeal from the decree passed by the Additional District Judge,
affirming the decree by the Civil Judge granting a perpetual injunction restraining the
defendants from running a flour-mill close to the house of the plaintiff-respondent in
Manorama Ward of Bina town, M.P
• Plaintiff-respondent has his house at a distance of 8 or 9 feet from the flour-mill. The
allegation of the plaintiff was that the working of the flour-mill caused great trouble to the
occupants of the house and the smoke, vibrations and the noise of the mill interfered with
their physical comforts and is actionable as nuisance.
• Both the Courts below have come to the conclusion that the working of the defendants flour-
mill in that locality makes such a great noise generally from 2 P.M. to 9 P.M. and some-days
from 8 A.M. to 10 P.M. (with a short break) that during that time it is difficult for the
occupants of the plaintiff's house to hear their own conversation, and undoubtedly it interferes
with their physical comforts. The Courts, therefore, granted the injunction solely on the basis
of abnormal or unreasonable noise produced by the flour-mill.
 Church Of God (Full Gospel) In India ... vs K.K.R. Majestic Colony Welfare Assn., (2000) 7
SCC 282
• Issue: questions involved raised is whether a particular community or sect of that community can claim right to add to noise
pollution on the ground of religion?
• Whether beating of drums or reciting of prayers by use of microphones and loudspeakers so as to disturb the peace or tranquility
of neighbourhood should be permitted? Undisputedly no religion prescribes that prayers should be performed by disturbing the
peace of others nor does it preach that they should be through voice-amplifiers or beating of drums.
• The appellant is the Church of God (Full Gospel) (Church for short) located at K.K.R. Nagar, Madhavaram High Road,
Chennai. It has a prayer hall for the Pentecostal Christians and is provided with musical instruments such as drum set, triple
gango, guitar etc. Respondent No.1-KKR Majestic Colony Welfare Association made a complaint to the Tamil nadu Pollution
Control Board stating therein that prayers in the Church were recited by using loudspeakers, drums and other sound producing
instruments which caused noise pollution thereby disturbing and causing nuisance to the normal day life of the residents of the
said colony.
• The defendants pleaded that they have a right to freely practice, profess and propagate religion under Article 25 of the
Constitution of India, 1950. However, court ordered that this right can be reasonably restricted through article 19(1)(a) as its not
absolute right.
• Essential right is to practice religion, not to use excessive high volume loudspeakers or noise ,no religion prescribes or preaches
that prayers are required to be performed through voice amplifiers or by beating of drums.
• Various guidelines have been laid down by the Court to curb such noise pollution (assignment)
• Other Case Laws

• The Calcutta High Court has held in the case of Moulana Mufti Syed Mohammed Noorur Rehman Barkati v. State of West Bengal AIR 1999 Ker 15: “it
cannot be said that for giving Azaans the applicants should be allowed to use microphones in the early hours of the day and that is before 6 o’clock in the
morning. Azaan is definitely an integral and essential part of the Muslim religion, but use of microphones is certainly not an integral part of Azaan.” The Court
held that this restriction is not violative of Article 25 of Constitution of India.

• Sayeed Maqsood Ali v. State of M.P AIR 2001 M.P 220- the house of the petitioner is situate near Eye Hospital and by the side of Sindhi Dharamshala,
Jabalpur. In the vicinity there are hospitals and educational institutions .The Sindhi Dharamshala which is situate nearby accommodates various categories of
people and many a religious function is held throughout the year. The Dharamshala also is given on rent for the purpose of holding marriages and other
functions. In the Dharamshala loud-speakers are utilized where music is played at a very high pitch creating disturbance to the petitioner and other persons
residing in the said locality. It is pleaded in the petition that due to the act of respondent No. 7 there is noise pollution and the petitioner's health is affected and
though he has submitted various complaints and approached the authorities for stopping the said nuisance it has fallen in deaf ears. The SC stated that ‘Every
citizen is entitled under Article 21 of the Constitution to live in a decent environment and has the right to sleep peacefully at night. Not for nothing it has been
said sleep is the best cure for waking troubles and the sleep of a labouring man is sweet. Sleep brings serenity. Lack of sleep creates lack of concentration,
irritability and reduced efficiency. It cannot be lost sight of that silence invigorates the mind, energises the body and quitens the soul. That apart, the solitude
can be chosen as a companion by a citizen. No one has a right to affect the rights of others to have proper sleep, peaceful living atmosphere and undisturbed
thought. No citizen can be compelled to suffer annoying effects of noise as that eventually leads to many a malady which includes cardio vascular disturbance,
digestive disorders and neuro psychiatric disturbance

• Right to sleep peacefully is a fundamental right-

• The Apex Court dealt with the issue of privacy as a part of Article 21 of the Constitution of India and held that the right to sleep has always been treated to be
fundamental. The Apex Court held thus: “ Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and
survival. Sleep is, therefore, a fundamental requirement without which the existence of life would be in peril. To disturb sleep, therefore, would amount to
torture, which is now accepted as a violation of human right.”

• Afzal Ansari v. state of U.P, 2020, Allahabad High Court, held that use of loudspeakers for azaan not allowed
 In Re: Noise Pollution (v) (2005) 5 SCC 733

• The Civil Petition was filed by Shri Anil K. Mittal, an engineer by profession moving the Court pro bono publico.
• The immediate provocation for filing the petition was that a 13 year old girl was a victim of rape (as reported in newspapers of January 3,
1998). Her cries for help sunk and went unheard due to blaring noise of music over loudspeaker in the neighbourhood. The victim girl, later
in the evening, set herself ablaze and died of 100% burn injuries. The petition complains of noise created by the use of the loudspeakers
being used in religious performances or singing bhajans and the like in busy commercial localities on the days of weekly offs. Best quality
hi-fi audio systems are used. Open space, meant for use by the schools in the locality, is let out for use in marriage functions and parties
wherein merry making goes on with hi-fi amplifiers and loudspeakers without any regard to timings. Modern residents of the locality
organize terrace parties for socializing and use high capacity stereo systems in abundance. These are a few instances of noise pollution
generated much to the chagrin of students taking examinations who find it utterly difficult to concentrate on studies before and during
examinations. The noise polluters have no regard for the inconvenience and discomfort of the people in the vicinity.
• The court granted the petition and made following directions:
• The Department of Explosives may divide the firecrackers into two categories- (i) Sound emitting firecrackers, and (ii) Colour/light emitting
firecrackers.
• 4. There shall be a complete ban on bursting sound emitting firecrackers between 10 pm and 6 am. It is not necessary to impose restrictions
as to time on bursting of colour/light emitting firecrackers.
• Every manufacturer shall on the box of each firecracker mention details of its chemical contents and that it satisfies the requirement as laid
down by DOE. 
• Vehicular Noise No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential area except in exceptional
circumstances.
• There is a need for creating general awareness towards the hazardous effects of noise pollution. Suitable chapters may be added in the text-
books which teach civic sense to the children and youth at the initial/early level of education. Special talks and lectures be organised in the
schools to highlight the menace of noise pollution and the role of the children and younger generation in preventing it.
 Radio-Active Pollution
• The radioactive pollution is defined as the physical pollution of living organisms and their
environment as a result of release of radioactive substances into the environment during
nuclear explosions and testing of nuclear weapons, nuclear weapon production and
decommissioning, mining of radioactive ores, handling and disposal of radioactive waste,
and accidents at nuclear power plants. 

• Fukushima Daiichi nuclear disaster (2011), Chernobyl disaster (1986), and 

Three Mile Island accident (1979) left many dead and even many more affected by the
radiation released.

• Hiroshima and Nagasaki attack - children born with complications such as mental
retardation as well as conditions like autism and other disorders.