Q.

1Define environment, causes, kind of environmental pollution

Ans. The environment has been defined as that outer physical and biological system in which
man and other organisms live as a whole. Human environment consists of both physical
environment and biological environment. Physical environment covers land, water and air.
Biological environment includes plants, animals and other organisms. ‘Environment’ defined
under the Environmental Protection Act, 1986, ‘Environment’ includes 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. The term environment has been
derived from the term ‘environ’, which means ‘to surround’ Thus, etymologically environment
means ‘surrounding conditions, circumstances affecting people’s life. ‘Environment’ includes
water, air and land and the inter-relationship which exist among and between water, air, land
and human beings, other living creatures, plants, micro-organisms and property. It includes the
complex physical, chemical and biological factors surrounding an organism or an ecological
community. Such factors act and interact with various species and organisms to affect their
form, growth and survival. Any unfavourable alteration of this environment is called
environmental pollution. Air, water, land, radiation and thermal are the common type of
pollution. Obviously, the “Environment” comprises all entities, living and non-living, natural or
manmade, external to oneself, and their interrelationships, which provide value, now or
perhaps in the future, to humankind. Environmental concerns relate to their degradation
through actions of humans. The goals of the Environmental policy may be formulated in several
ways - to protect human health, ensure viability of wild life, preservation of historic
monuments, stopping further degradation of the environment etc. What is environmental law?
Environmental law consists of a wide variety of legislation, enactments, and provisions that are
chiefly concerned with the regulation of human activity concerning our natural environment
and its various interconnected ecosystems. While everything that is encompassed in
environmental law may not directly intersect with each other, they all act as safeguards in
preventing environmental damage and ensuring effective management of the environment and
its multiple ecosystems.

The causes of environmental pollution are based on the following factors:

Rapid Industrialisation

The concentration of industries in urban areas releases pollutants into the air, water, and soil,
causing environmental pollution.

The rapid pace of urbanisation also increases waste generation and resource consumption,
exacerbating pollution and causing severe environmental pollution.
Industries also generate hazardous wastes in many forms, including liquids, solids, gases, and
sludge.

Rapid Urbanization

The increased pace of urbanisation in recent times has led to worsening environmental
pollution.

It creates issues such as deforestation and habitat loss, increased emissions and waste
generation, etc.

Forest Fires

The frequency of forest fires or wildfires has increased because of human actions, such as land
clearing, encroachment, etc.

These wildfires are a huge source of environmental pollution, adding large amounts of gaseous
and other pollutants to the environment.

Improper Agricultural Practices

According to the IPCC report, the agriculture sector produces at least 23 per cent of global
greenhouse gas emissions (second only to the energy sector).

Using chemical fertilisers, pesticides, and herbicides in agriculture contributes to soil and water
pollution and environmental pollution.

Intensive farming practices also lead to deforestation, soil erosion, habitat destruction and
environmental pollution.

Deforestation

Deforestation refers to the decrease in forest areas worldwide that are lost for other uses, such
as agricultural croplands, urbanisation, or mining activities.

This causes an imbalance in the local ecology and reduces nature’s capability to absorb
pollutants, leading to environmental pollution.

Other Causes

Other prominent causes of environmental pollution include continued reliance on fossil fuels,
vehicular emissions, and improper waste management.

Types of Environmental Pollution

Environmental pollution can be categorised into several types based on the nature of the
pollutants and the media they affect.

Some of the major types of environmental pollution are described below.

Air Pollution

Air Pollution is the contamination of the atmosphere with harmful substances that can
adversely affect human health, ecosystems, and climate.

Air pollution is caused by releasing harmful gases and particulate matter into the atmosphere.

Significant sources of air pollution include industrial emissions, vehicular exhaust, and burning
fossil fuels, which causes environmental pollution.

Air Pollution is linked to respiratory diseases, cardiovascular problems, and global phenomena
like acid rain and climate change.

Water Pollution

Water Pollution refers to the contamination of water bodies such as rivers, lakes, and oceans
with pollutants such as industrial effluents, sewage, agricultural runoff, and oil spills.

Water Pollution occurs when pollutants are discharged into water bodies, leading to water
quality degradation.

Industrial effluents, agricultural run-off, and domestic sewage contribute to Water Pollution.

Contaminated water affects aquatic life, disrupts ecosystems, and poses serious health risks to
humans.

Soil Pollution

Soil Pollution refers to soil contamination with harmful substances, including heavy metals,
pesticides, and industrial waste.

Major sources of soil pollution include – the deposition of hazardous chemicals, heavy metals,
and waste on land.

Key factors are agricultural practices involving excessive use of pesticides and fertilisers,
industrial waste dumping, and improper disposal of solid waste, which also causes
environmental pollution.

Soil pollution reduces soil fertility, contaminates crops, and affects food security..
Noise Pollution

Noise Pollution refers to excessive noise that can adversely affect human health and wildlife.

Significant contributors to noise pollution include noise from industrial activities, traffic,
construction, and urbanisation.

Chronic exposure to high noise levels can lead to hearing loss, stress, and other health issues,
which in turn can lead to environmental pollution.

Thermal Pollution

Thermal Pollution is defined as the sudden increase or decrease in the temperature of a natural
body of water, such as an ocean, lake, river, or pond.

This sudden change in water temperature is mainly due to anthropogenic activities.

For example, a power plant takes water from a source, such as a river, as a coolant and then
discharges the warm water back into the water body.

Thermal Pollution leads to several issues in the aquatic ecosystem, such as decreased Dissolved
Oxygen (DO) levels, algae growth, and a surge in toxins.

Nuclear Pollution or Radiation Pollution

Nuclear Pollution or Radiation Pollution can be defined as the release of high-energy particles
into the air, water or surface.

It is caused by radioactive materials contaminating the environment by decaying natural or

anthropogenic activities.

Breaches at nuclear power plants, scientific laboratories, chemical spills, etc, are some of the
prominent causes of Nuclear Pollution or Radiation Pollution.

Radiation modifies and destroys cells and genetic materials in living organisms, resulting in ill
impacts on health.

Marine Pollution

Marine Pollution can be defined as the introduction of substances to the marine environment
directly or indirectly by humans, resulting in adverse effects such as hazards to human health,
obstruction of marine activities and lowering the quality of seawater.
Waste and sewage from different sources, such as industries, residences, etc, are directly
discharged into the sea and are the primary sources of marine and environmental pollution.

It affects the flora and fauna of the marine environment.

Plastic Pollution

Plastic pollution is the contamination of the environment with plastic waste, such as discarded
plastic items and debris.

Plastic pollution is a major environmental problem because it takes hundreds of years for
plastic to decompose.

Plastic wastes can accumulate in landfills, waterways, and oceans, causing harm to wildlife and
ecosystems.

Plastic pollution severely impacts the health of humans, wildlife and the overall ecosystem.

Light Pollution

Light Pollution refers to excessive artificial light that can disrupt ecosystems and nocturnal
activities.

Over-illumination in urban areas disrupts natural light cycles, affecting wildlife and human
health.

It contributes to energy waste and interferes with astronomical observations.

Q.2 constitutional provision relating to protecting of environment of (article

21,19, 14)

Ans. The Indian Constitution provides various provisions for environmental protection,
particularly under Articles 21, 19, and 14. These provisions, though not explicitly environmental
laws, have been interpreted to ensure a clean and healthy environment for citizens.

1. Article 21 – Right to Life and Personal Liberty

Article 21 guarantees the right to life and personal liberty. A clean and pollution-free
environment is essential for a dignified and healthy life. Any activity that degrades the
environment and adversely affects human life can be considered a violation of this fundamental
right.

In Subhash Kumar v. State of Bihar (1991), the Court held that pollution-free air and water are
essential for life.
In M.C. Mehta v. Union of India (1986), the Court ordered measures to control pollution in
industries and protect the Taj Mahal from environmental damage.

2. Article 19 – Freedom of Speech and Occupation

Article 19(1)(a) guarantees freedom of speech and expression, which includes the right to raise
concerns about environmental degradation. Additionally, Article 19(1)(g) allows the right to
practice any profession or business, but this right is subject to reasonable restrictions under
Article 19(6) to protect public health and the environment. The state can impose restrictions on
industries causing pollution to ensure environmental safety.

In Vellore Citizens’ Welfare Forum v. Union of India (1996), the Supreme Court emphasized
the "Precautionary Principle" and "Polluter Pays Principle", restricting industries causing
environmental harm.

3. Article 14 – Right to Equality

Article 14 guarantees equality before the law and equal protection of the laws. It ensures that
environmental policies are implemented fairly and without discrimination. Any arbitrary actions
by authorities that harm the environment and affect people's rights can be challenged under
this article.

In M.C. Mehta v. Kamal Nath (1997), the Supreme Court ruled against the arbitrary allocation
of natural resources, holding that the state must act as a trustee of the environment.

Conclusion

These constitutional provisions highlight the significance of environmental protection in

ensuring fundamental rights. The judiciary and legislature play a crucial role in implementing
these provisions to balance environmental sustainability with developmental needs.

Q.3 what is Pil and explain the rate of mandamus prohibition and certiorari with
case laws

Ans. The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously
unrepresented groups like the poor, the racial minorities, unorganised consumers, citizens who
were passionate about the environmental issues, etc.

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of
“Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any
matter where the interest of public at large is affected can be redressed by filing a Public
Interest Litigation in a court of law.

Public interest litigation is not defined in any statute or in any act. It has been interpreted by
judges to consider the intent of public at large.

Public interest litigation is the power given to the public by courts through judicial activism.
However, the person filing the petition must prove to the satisfaction of the court that the
petition is being filed for a public interest and not just as a frivolous litigation by a busy body.

The court can itself take cognizance of the matter and proceed suo motu or cases can
commence on the petition of any public spirited individual.

Some of the matters which are entertained under PIL are:

Bonded Labour matters

Neglected Children

Non-payment of minimum wages to workers and exploitation of casual workers

Atrocities on women

Environmental pollution and disturbance of ecological balance

1. Mandamus

‘Mandamus’ means ‘we command’. It is issued by the Court to direct a public authority to
perform the legal duties which it has not or refused to perform. It can be issued by the Court
against a public official, public corporation, tribunal, inferior court or the government. It cannot
be issued against a private individual or body, the President or Governors of States or against a
working Chief Justices.

Case Law- In State of West Bengal v. Nuruddin(1998) 8 SCC 143 case, the Supreme Court held
the writ of mandamus is a personal action where the respondent has not done the duty they
were prescribed to do by law. The performance of the duty is the right of the applicant.

2.Prohibition
A writ of prohibition is issued by a Court to prohibit the lower courts, tribunals and other quasi-
judicial authorities from doing something beyond their authority. It is issued to direct inactivity
and thus differs from mandamus which directs activity.

It is issued when the lower court or tribunal acts without or in excess of jurisdiction or in
violation of rules of natural justice or in contravention of Fundamental Rights. It can also be
issued when a lower court or tribunal acts under a law that is itself ultra vires.

Case Law- In the case, S. Govind Menon v. Union of India (1967) a Writ of prohibition was
issued by a higher court, namely the Kerala High Court, to a lower court in order to take over
jurisdiction that was not initially vested, or in other words, to compel lower courts to retain
their jurisdictional limitations. The writ can be issued when there is an excess of jurisdiction as
well as when there is an absence of jurisdiction.

3.Certiorari

‘Certiorari’ means to ‘certify’. Certiorari is a curative writ. When the Court is of the opinion that
a lower court or a tribunal has passed an order which is beyond its powers or committed an
error of law then, through the writ of certiorari, it may transfer the case to itself or quash the
order passed by the lower court or tribunal.

Case Law- In Surya Dev Rai v. Ram Chander Rai & Ors., the Supreme Court has explained the
meaning, ambit and scope of the writ of Certiorari. Also, in this it was explained that Certiorari
is always available against inferior courts and not against equal or higher courts, i.e., it cannot
be issued by a High Court against any High Court or benches much less to the Supreme Court
and any of its benches.

Q.4 environment protection act 1986 section 3 powers and functions

introduction Aims objectives features

Ans. The Environment Protection Act of 1986 is a crucial piece of legislation enacted by the
Government of India. It aims to protect and improve the environment. This Act provides a
comprehensive framework to regulate human activities that may have adverse impacts on the
environment. It was enacted after the Bhopal Gas Tragedy to integrate various fragmented
chemical and hazardous waste regulations under a unified, more powerful law.

It empowers the Central Government to establish authorities charged with the mandate of
preventing environmental pollution in all its forms and to tackle specific environmental
problems that are peculiar to different parts of the country.
The Act is one of the most comprehensive legislations with a pretext to protection and
improvement of the environment.

The roots of the enactment of the EPA lies in the United Nations Conference on the Human
Environment held at Stockholm in June, 1972 (Stockholm Conference), in which India
participated, to take appropriate steps for the improvement of the human environment.

The Act implements the decisions made at the Stockholm Conference.

Objectives of Environment Protection Act 1986

The objectives of the Environment Protection Act 1986 encapsulate its core purposes aimed at
fostering an ecologically sustainable environment in India.

Protection and Enhancement of Environmental Quality: The primary aim is to protect and
improve the quality of the environment. This includes air, water, and land.

Regulation of Pollutants: It seeks to control the discharge of pollutants into the environment
and manage hazardous substances.

Central Coordination: The Act allows for the central government to coordinate actions of
various authorities established under other environmental laws.

Implementation of International Conventions: It facilitates the implementation of decisions

made at international environmental conferences. It also aligns Indian laws with global
standards.

Salient Features of Environment Protection Act 1986

The Environment Protection Act 1986 has several distinctive features that set it apart as a
cornerstone of environmental legislation in India.

Comprehensive Reach: The Act covers the entire country and all aspects of the environment. It
addresses pollution control across air, water, and land.

Centralized Authority: It empowers the Central Government to take all necessary measures to
prevent and control environmental pollution. This includes setting standards and ensuring
compliance.

Stringent Enforcement: Provisions for penalties include imprisonment and hefty fines for non-
compliance, ensuring robust enforcement.

Norm-Setting: The Act enables the Central Government to establish standards for emissions
and effluents discharge, and for the handling of hazardous substances.
Ecological Preservation: It provides for the protection of ecologically sensitive areas. It prohibits
and regulates activities that may harm these regions.

Powers and Functions:

Under this section, the government can:

Coordinate actions of various authorities for environmental protection.

Set environmental quality standards.

Restrict industries in certain areas.

Lay down procedures for handling hazardous substances.

Conduct environmental research and development.

Impose penalties for environmental violations.

Conclusion:

Section 3 of the Act plays a crucial role in environmental governance, providing the government
with the authority to take necessary actions for environmental protection and sustainability. It
is a key provision in India's environmental law framework.