ENVIRONMENTAL POLLUTION: A SOCIO-LEGAL STUDY

 

lawzmag.comEnvironment is the creation of the supernatural. Though the presence of the supernatural is contradicted, but this fact cannot be negated that a conception coined as environment has been bestowed upon all the living beings as a legacy, whose origin is known to none. Environment is a mixture of both living and non-living creatures. “Environment includes water, air, land and the inter-relationship which exists among and between water, air land and human beings, other living creatures, plants, micro-organism and property”.

Man is supposedly the greatest creation of all the living creatures on this planet. But there always comes a moment when the most superior creature in the due course of exercising their powers and enjoying their hegemony – in order to achieve their personal ends, go on to the extent of superseding everything without thinking about the consequences of the act so performed. Humans can be best exemplified in the present scenario. They have deteriorated the nature in its fullest plausible way. Here comes the concept of environmental degradation which means the erosion of our natural environment through the direct or indirect acts of humans. Mankind has been avaricious enough to worsen the situation. But, man has never got anything in abundance for his greed. Mahatma Gandhi rightly marked:

“Earth provides enough to satisfy every man’s needs, but not every man’s greed”.

Concept of Environmental pollution

“Environmental pollution means the presence in the environment of any environmental pollutant; wherein the term environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment”. Primarily, industrialization, globalization and population growth are recognized as the fundamental drivers of environmental pollution. Broadly, environmental pollution can be categorized under the following heads:

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

According to a report, urban air pollution – of which a significant proportion is generated by vehicles, as well as industry and energy production – is estimated to kill some 1.2 million people annually.

Increase in air pollution has created devastating impacts on flora and fauna too. Further, air pollution is also a big cause for acid rain, the depletion of the ozone layer; hence leading to global warming.

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

The Delhi Smog Case

Delhi is facing its worst smog in last 17 years, prompting the high court to observe that it was akin to “living in a gas chamber”.

It has been declared that India’s capital Delhi is recording an unprecedented high level of pollution in its air. The air of Delhi has been stated to be counted as one of the worst air to breathe in. In this condition, the Indian state gives a tough competition to cities like Beijing and Mexico. “Air pollution reports have indicated it (Delhi) hit record highs in the past week. Some say it hit 999 micrograms of particulate matter per cubic meter in one neighborhood, compared to an average of 150-350 in January 2016.  Earlier this week, an estimated 4.41 million children in Delhi missed three days of school following a decision to close the city’s 5,798 schools to minimize the risk for children to be exposed to the polluted air”.

“Pollution has increased to an extent that outdoors in Delhi resembles a gas chamber. Prima facie the biggest reason seems to be burning of stubble in agricultural fields in Haryana and Punjab in huge quantity,” Arvind Kejriwal, Delhi’s chief minister said.

This problem of air pollution has alarmed the people of Delhi. Moreover, it is affecting the lives of the entire population.

Recent UNICEF analysis has shown that, globally, 300 million children live in areas with the most toxic levels of outdoor air pollution – exceeding six times international guidelines.

However, it is not just the problem of high level of pollution generated in Delhi, rather geographical condition of Delhi also plays a huge role in its devastation. The Indian capital lies in the center of India and is a landlocked region; surrounded by no coastal areas such that its air could get refined from time-to-time. This situation has been described as an “Emergency-like” situation by Shri Arvind Kejriwal, Chief Minister of Delhi. The central and the state government has been trying and making efforts to cope up with this disastrous condition so far.

The Taj Mahal Case:

In Taj Mahal case, the Supreme Court issued directions that coal and coke based industries in Taj Trapezium (TTZ) which were damaging Taj should either change over to natural gas or to be relocated outside TTZ . The Court held that 292 industries located and operating in Agra must changeover within fixed time schedule to natural gas as industrial fuel or stop functioning with coke /coal and get relocated.

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

  • Soil Pollution: Soil pollution includes any waste material disposed on the surface of the earth. It can be seen anywhere and everywhere- from our daily waste generated through the process of consumption and littering if garbage to any chemical and industrial debris, from pesticides and insecticides to landfills. Sol or land pollution may lead to reduction in the fertility of the land or sometimes may leave it ultimately barren.
  • Noise pollution: Noise pollution occurs when the sounds created through transportation, communication, construction, or even other human activities like playing drums and music at a very high frequency such that it goes beyond the permissible level and causes distress to humans and animals. Noise pollution may lead to stress, heart attacks hearing disorder and similar problems.

Henceforth, environmental pollution leads to depletion of natural resources exploitation of our ecology and; thus to environmental degradation. This environmental degradation will probably lead to a situation where in return of the mankind abusing the nature, the nature shall not give anything but her harsh recompenses. Man shall leave this as a legacy for his future generation to dwell in an environment which is polluted to such an extent that even ordinary breathing shall be deadly. He has done a perfect job to try and screw up the concept of sustainable development from the earth. If this condition prevails, that time shall not be faraway when our environment would turn to be a bane than a boon. Barry Commoner, a great visionary remarked, “Environmental pollution is an incurable disease. It can only be prevented”.

Therefore, in order to curb this situation, we ourselves have devised some mechanisms that would of course not neutralize the environmental pollution, its effects or consequences, but shall certainly minimize it.

The United Nations Conference on the Human Environment or the Stockholm Declaration which was an international conference convened under United Nations auspices held in Stockholm, Sweden from June 5-16, 1972 was the UN’s first major conference on international environmental issues and was duly accepted by the world. It has been described as the “Magna Carta of our environment”. India was a part of this conference and this led to the incorporation of Article 48A of the Indian Constitution by the Constitution 42nd Amendment Act, 1976; which now provides that the “State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country“.

The Environment (Protection) Act, 1986

In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under Article 253 of the constitution.  The purpose of the Act is to act as an “umbrella” legislation designed to provide a frame work for Central government co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act.

The environment (Protection) Act reads out that it is “an act to provide for the protection and improvement of environment and for matters connected therewith. Whereas decision were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment. And whereas it is considered necessary further to implement the decision aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property.This act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.

Although the fact cannot be set aside that the state has enacted acts and statutes for environmental protection from time to time; nevertheless the fair implementation of these laws remains vague and does not seem to come into picture. However, the role of the common man also cannot be negated at any cost. In order to achieve the desirable feat, one has to start working from the grass-root-level itself. This means that the common man needs to understand the complexity of the situation in order to minimize the environmental pollution which is rising in a progressively alarming rate; where he willingly has contributed to a larger share. It is the call of the hour and we must respond accordingly so that our future generations may also settle down in peace. Therefore, some practical suggestions may be proposed for minimizing the pollution mounting at a distressing pace. They are enlisted as:

  • Adopting the techniques of waste management: Using the effective measures of waste management namely refuse, reduce, reuse, repair and recycle, we can certainly minimize the environmental pollution.
  • Alternative sources of energy: Rather than using thermal and nuclear energy, and energy from fossil fuels, stress should be given upon generating energy from renewable sources for a long run. Solar energy, wind energy, geothermal energy, biogas, etc. are their best substitutes and do not harm the environment in the similar manner.
  • Eco-friendly measures: we must adopt an eco-friendly attitude towards our environment. For instance, we must use bio-degradable materials rather than plastics.
  • Small steps at personal level: Any change begins from us, implying we should start taking small steps to protect the degradation of our environment. Segregation of waste materials and their dumping in a proper area, sharing a ride or carpool, prefer walking rather than transportation for small distances, using public transportation, abstain from smoking, etc. could count among the same.
  • Start planting and stop littering: We must plant as many trees as possible so as to maintain ecological balance and provide our upcoming generations a better environment. Furthermore, we must not litter anywhere and everywhere; rather, proper mechanisms should be sought upon.
  • Use of organic fertilizers than chemical ones: Chemical fertilizers not only adversely affect the fertility of soil, but also degrade the quality of products. Also, when they mix up with ground water, they become unhygienic and lethal for humans, animals, plants and marine life. Hence, we must opt for organic fertilizers which maintain the fertility of soil and are eco-friendly too.
  • Treatment of wastes before disposing: Many industries and factories do not treat their waste chemicals before disposing them into water bodies or dumping them off on land. This in all probabilities contaminates water and leaves the soil barren. Therefore, those hazardous chemicals must be treated before disposal.
  • Thinking before acting: People lend a very big hand in environmental pollution. They must think the consequences of every little act they perform which may harm nature and then act accordingly.
  • Campaigns to generate consciousness among people: Campaigns, street plays, seminars, etc. should be carried out in villages, towns, cities, etc. and people should be made aware of the ill-effects of environmental pollution.
  • Practicing the concept of Sustainable Development: The idea is to encroach upon a development which benefits our own self; keeping into consideration that in the process of extracting our benefits, the ability of the future generations to fulfill their needs does not get hampered. As Patrick Geddes conceptualizes “think globally, act locally”.

Revti Rani Roy

 

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