MODULE - VIIA Environmental Law
Environmental Law and
Sustainable Development
24.5 LEGAL MECHANISM IN RELATION TO
ENVIRONMENT PROTECTION
‘Environmental Law’ is an instrument to protect and improve the environment
and to control or prevent any act or omission polluting or likely to pollute the
environment. An environmental legal system is essentially a set of laws and
administrative rules which regulate the relationships and conflicts between all
Notes the people concerned with the environment, as well as defining the relationships
between people and the environment itself. The Honourable Supreme Court in
K. M. Chinnappa v. Union of India defined “Environmental Law” as an
instrument to protect and improve the environment and control or prevent any
act or omission polluting or likely to pollute the environment.
In the Constitution of India, it is clearly stated that it is the duty of the State
to “protect and improve the environment and to safeguard the forests and
wildlife of the country”. It imposes a duty on every citizen “to protect and
improve the natural environment including forests, lakes, rivers, and wildlife”.
Reference to the environment has also been made in the Directive Principles
of State Policy (Part IV) as well as the Fundamental Rights (Part III). The
Department of Environment was established in India in 1980 to ensure a healthy
environment for the country. This later became the Ministry of Environment and
Forests in 1985.
24.5.1 Ministry of Environment and Forests (MoEF)
The Ministry of Environment & Forests (MoEF) is the nodal agency in the
administrative structure of the Central Government for planning, promotion, co-
ordination and overseeing the implementation of India’s environmental and
forestry policies and programmes. The primary concerns of the Ministry are
implementation of policies and programmes relating to conservation of the
country’s natural resources including its lakes, rivers, biodiversity, forests and
wildlife, ensuring the welfare of animals, and the prevention and abatement of
pollution.
The broad objectives of the Ministry are:
z Prevention and control of pollution;
z Protection of the environment; and
z Ensuring the welfare of plants & animals
24.5.2 The Constitution of India
The ‘Right to Life’ contained in Article-21 of the Constitution of India includes
the right to clean and human environment. It means you have the right to live
in a clean and healthy environment.
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Article-38 of our Constitution requires State to ensure a social order for the Sustainable Development
welfare of people, which can be obtained by an unpolluted and clean environment
only.
Article-48A of the Constitution requires the State to adopt the Protectionist
policy as well as Improvinistic Policy. Protectionist policy imposes ban
on those things which lead to environmental degradation, e.g. ban on use
of leaded petrol, ban on use of plastic bags etc. Improvinistic policy refers Notes
to alternatives that can be used for improvement of environment, e.g. use
of CNG or low sulphur fuel, tree plantation in industrial areas etc.
Article-48A of the Constitution declares “The State shall endeavour to protect
and improve the environment and safeguard forests and wildlife of the country.”
Article-51A(g) of the Indian Constitution says: “It shall be the duty of every
citizen of India to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures.”
24.5.3 The Water (Prevention and Control of Pollution) Act, 1974
The Water (Prevention and Control of Pollution) Act was enacted in 1974 to
provide for the prevention and control of water pollution, and for maintaining
or restoring of wholesomeness of water in the country.
This is the first law passed in India whose objective was to ensure that the
domestic and industrial pollutants are not discharged into rivers, and lakes
without adequate treatment. The reason is that such a discharge renders the
water unsuitable as a source of drinking water as well as for the purposes of
irrigation and support marine life.
In order to achieve its objectives, the Pollution Control Boards at Central and
State levels were created to establish and enforce standards for factories
discharging pollutants into water bodies.
24.5.4 The Air (Prevention and Control of Pollution) Act, 1981
The Air (Prevention and Control of Pollution) Act, 1981 was enacted to provide
for the prevention, control and abatement of air pollution in India. It is a
specialised piece of legislation which was enacted to take appropriate steps for
the preservation of natural resources of the earth, which among other things
include the preservation of the quality of air and control of air pollution.
The prime objectives of the Act are the following:
z Prevention, control and abatement of air pollution;
z Establishment of central and state pollution control boards to implement the
aforesaid purpose; and
z To maintain the quality of air.
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MODULE - VIIA Environmental Law
Environmental Law and
Sustainable Development 24.5.5 The Environment Protection Act, 1986
It was the Bhopal Gas Tragedy which necessitated the Government of India
to enact a comprehensive environmental legislation, including rules relating to
storing, handling and use of hazardous waste. On the basis of these rules, the
Indian Parliament enacted the Environment Protection Act, 1986. This is an
umbrella legislation that consolidated the provisions of the Water (Prevention
and Control of Pollution) Act of 1974 and the Air (Prevention and Control of
Notes
Pollution) Act of 1981. Within this framework of the legislations, the
government established Pollution Control Boards (PCBs) in order to prevent,
control, and abate environmental pollution.
The objective of the Environment Protection Act is to protect and improve the
environment in the country.
BHOPAL DISASTER
The Bhopal disaster, also referred to as the Bhopal Gas Tragedy, was
a gas leak incident in India, considered one of the world’s worst industrial
disasters. It occurred on the night between 2nd and 3rd December, 1984
at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal,
Madhya Pradesh. Over 500,000 people were exposed to methyl isocyanate
gas and other chemicals. The toxic substance made its way in and around
the shanty-towns located near the plant. Estimates vary on the death toll.
The official immediate death toll was 2,259. The government of Madhya
Pradesh confirmed a total of 3,787 deaths related to the gas release.
According to other estimates, around 8,000 died within two weeks and
another 8,000 or more have since died from gas-related diseases. A
government affidavit in 2006 stated the leak caused 558,125 injuries
including 38,478 partial disabling injuries and approximately 3,900
severe and permanent disabling injuries.
24.5.6 The Noise Pollution (Regulation and Control) Rules, 2000
There was no direct provision for ‘noise pollution’ under the Environment
Protection Act, 1986 or any other legislation. The increasing ambient noise levels
in public places from various sources like industrial activity, generator sets, loud
speakers, vehicular horns etc. have harmful effects on human health. It was the
need of the hour to come with a law which would regulate and control noise
producing sounds with the objective of maintaining the ambient air quality
standards in respect of noise. Therefore, the Central Government framed ‘The
Noise Pollution (Regulation and Control) Rules, 2000’.
These rules have been laid down by the government to reduce environmental
noise pollution. Certain standards, such as the ambient air quality standards, have
been set by the government. The permissible levels of noise are different for
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Environmental Law and
different areas, such as industrial, commercial, residential areas and silence zones Sustainable Development
(area within the vicinity of hospitals, educational institutions or courts).
24.5.7 The Public Liability Insurance Act, 1981
This Act aims to provide immediate relief to the persons affected by accident
occurring while handling any hazardous substance. It provides that every owner
shall take out, before he starts handling any hazardous substance, one or more
insurance policies providing for contracts of insurance. The objective of taking Notes
insurance is that the compensation resulting from the possible future accident
is guaranteed.
The collector of the area has been empowered to verify the occurrence of any
accident at any place within his jurisdiction and also cause publicity to be given
for inviting applications from the victims for any compensation.
Apart from the insurance contract, the funding for the purpose of compensation
is also generated by the Central Government by the establishment of
“Environment Relief Fund.” This fund may be utilized by the collector for paying
the compensation.
24.5.8 The National Environment Tribunal Act, 1995
This Act is aimed to provide for strict liability for damages arising out of any
accident occurring while handling any hazardous substance and for the
establishment of a National Environment Tribunal for effective and expendition
disposal of cases arising from such accident, with a view to giving relief and
compensation for damages to persons, property and the environment and for
matters connected with it.
The beauty of this Act lies in the fact that the liability of the owner of hazardous
substance has been made strict in case of any accident and the resultant injury
to public. In any claim for the compensation, the claimant is not required to
plead and establish that the death, injury or damage in respect of which the claim
has been made was due to any wrongful act, neglect or default of any person.
So, the burden of proof does not rest upon the claimant of compensation which
is a big relief for the victims.
24.5.9 The National Environment Appellate Authority (NEAA) Act, 1997
The National Environment Appellate Authority (NEAA) was set up by the
Ministry of Environment and Forests to address cases in which environment
clearance is required in certain restricted areas. It was established by the National
Environment Appellate Authority Act 1997 to hear appeals with respect to
restriction of areas in which any industries, operations, processes or class of
industries, operations or processes shall or shall not be carried out, subject to
certain safeguards under the Environment Protection Act, 1986.
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MODULE - VIIA Environmental Law
Environmental Law and
Sustainable Development 24.5.10 The Ozone Depleting Substances (Regulation and Control)
Rules, 2000
The Ozone Depleting Substances (Regulation and Control) Rules have been laid
down for the regulation of production and consumption of ozone depleting
substances. The main objective of this rule is protection of the Ozone layer. The
rule restricts unauthorized sale, purchase, import, export and use of ozone
depleting substance.
Notes
‘Ozone Depleting Substances’ (ODS) are the products which lead to the
depletion of ozone layer. CFC (CHLOROFLUOROCARBON) is an
example of ODS.
INTEXT QUESTIONS 24.5
Write True/False.
1. The Ministry of environment and Forests (MOEF) is the nodal agency for
planning, promotion, cooperations and overseeing the implementation of
India’s environmental and forestry policies and programmes. (True/False)
2. The Water (Prevention and Control of Pollution) Act, 1974 was enacted to
provide for the prevention and control of water pollution. (True/False)
3. The Air (Prevention and Control of Pollution) Act, 1981 was enacted to
provide for the prevention, control and abatement of air pollution in India.
(True/False)
4. The objective of the Environment Protection Act, 1986 is to protect and
improve the environment in the country. (True/False)
5. The Noise Pollution (Regulation and Control) Rules, 2000 lays down rules
to reduce environmental noise pollution. (True/False)
6. The Public Liability Insurance Act, 1981 aims to provide immediate, relief
to the persons affected by accident occurring while handling any hazardous
substance. (True/False)
7. The main objective of the ‘Ozone Depleting Substances (Regulation and
Control) (ODS) Rules, 2000’ is protection of ozone layer. (True/False)
24.6 POLLUTION CONTROL BOARD
The Pollution Control Boards are statutory bodies constituted with an objective
to protect and promote the atmosphere and to control pollution.
24.6.1 The Central Pollution Control Board
The Central Pollution Control Board (CPCB) a statutory organisation, was
constituted in September, 1974 under the Water (Prevention and Control of
Pollution) Act, 1974 to deal with the rise in pollution. Further, CPCB was
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entrusted with the powers and functions under the Air (Prevention and Control Sustainable Development
of Pollution) Act, 1981.
Principal functions of the CPCB:
(i) to promote cleanliness of streams and wells in different areas of the States
by prevention, control and abatement of water pollution, and
(ii) to improve the quality of air and to prevent, control or abate air pollution Notes
in the country.
Other Functions of the Central Board
z Advise the Central Government on any matter concerning prevention and
control of water and air pollution and improvement of the quality of air.
z Plan and cause to be executed a nation-wide programme for the prevention,
control or abatement of water and air pollution.
z Provide technical assistance and guidance to the State Boards, carry out and
sponsor investigation and research relating to problems of water and air
pollution, and for their prevention, control or abatement.
z Prepare manuals, codes and guidelines relating to treatment and disposal of
sewage and trade effluents as well as for stack gas cleaning devices, stacks
and ducts.
z Lay down or modify (in consultation of the State Governments), the
standards for streams or wells and lay down standards for the quality of air.
24.6.2 The State Pollution Control Boards
The State Governments also have their Pollution Control Boards for example,
UPPCB (Uttar Pradesh Pollution Control Board), DPCC (Delhi Pollution
Control Board), HPCB (Haryana State Pollution Control Board), RPCB
(Rajasthan Pollution Control Board), etc.
Functions of State Boards
z To advise the State Government on matter relating to pollution and on
‘siting’ of industries;
z To plan programmes for pollution control;
z To collect and disseminate information;
z To carry out inspection of polluting industries and areas;
z To lay down effluent and emission standards; and
z To issue consent to industries and other activities for compliance of
prescribed emission and effluent standards
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MODULE - VIIA Environmental Law
Environmental Law and
Sustainable Development
INTEXT QUESTIONS 24.6
1. Describe two main functions of Central Pollution Control Board.
2. List any two functions of State Pollution Control Board.
Notes
WHAT YOU HAVE LEARNT
The environment is a place or surrounding where we live and to keep it clean
is an essential requirement for the survival of human beings. Pollution is an
unfavourable alteration of a surrounding. It is the addition of any foreign material
to air, water or soil. Urbanisation, industrialisation, over-population, over-
exploitation of resources are some of the factors which have contributed to
environmental deterioration.
Pollution is categorized in the following areas: Water pollution; Air pollution;
Noise pollution; Land pollution; Solid Water pollution; Food pollution; Thermal
pollution; Nuclear pollution
Every human being or animal requires food, clean water and clean air to make
its survival possible. The various legislations, rules with respect to the protection
and promotion of environment are:
a. The Water (Prevention and Control of Pollution) Act, 1974;
b. The Air (Prevention and Control of Pollution) Act, 1981;
c. The Environment Protection Act, 1986;
d. The National Environmental Act, 1995;
e. The Noise Pollution (Regulation and Control) Rules, 2000;
f. The Public Liability INsurance Act, 1981;
g. The National Environment Appellate Authority (NEAA), 1997; and
h. The Ozone Depleting Substances (Regulation and Control) Rules, 2000.
The Central Pollution Control Boards are constituted under the Water (Prevention
and Control of Pollution) Act, 1974, to deal with rise in pollution.
TERMINAL EXERCISES
1. Define the term ‘Environmental Pollution’.
2. Explain the following terms
(a) Air Pollution
(b) Water Pollution
(c) Noise Pollution
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Environmental Law and
3. Environment Protection Act is an umbrella legislation that consolidated the Sustainable Development
provisions of the Water (Prevention and Control of Pollution) Act of 1974
and the Air (Prevention and Control of Pollution) Act of 1981. Explain.
4. Describe the main functions of Central & State Pollution Control Boards.
5. Visit the river Yamuna, observe the activities going on there. Check the
pollution causing activities. Write a report in five hundered words on the
causes of pollution of Yamuna and the measures required to check it. Notes
6. The levels of air-pollution are very high in Delhi these days. Taking help
from the lesson, check out the causes of air pollution and the remedial
measures to check further pollution. Write a report of about five hundered
words.
7. Visit five major government hospitals of Delhi and collect data on the number
of patients who come to the OPD with complaints of respiratory problems
caused due to air pollution. Write your report in five hundered words
referring to the relevant promises of law.
8. Assuming you are living in a residential area which also has two hospitals.
The city airport which is located close to your colony works for 24 hours
with flights landing and taking off. Incidentally, the colony already existed,
but the airport authorities have started using a newly constructed runway
recently. The day somehow passes off but at might, the deafening sound of
landing and taking-off of aeroplanes traumatises the in-patients and contribute
to them increasing stress levels which can be dangerous at times.
9. Draft a letter to the concerned authority stating the problem of these patients
while referring to the applicable laws on noise pollution. Request them to
close the airport atleast at night to give some respite to the patients in the
hospitals.
ANSWER TO INTEXT QUESTIONS
24.1
1. ‘Environment’ is the sum total of water, air and land and the interrelationships
that exist among them with human beings, other living organisms and
materials.
2. “Environment” is a difficult word to define. Its normal meaning relates to
the surroundings, but obviously that is a concept which is relatable to
whatever object which is surrounded. Environment is a polycentric and
multi-faceted problem affecting human existence.
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MODULE - VIIA Environmental Law
Environmental Law and
Sustainable Development 24.2
1. (a) ‘Water pollution’ is the contamination of water bodies (e. g. Lakes,
rivers, oceans, aquifers and ground water).
(b) ‘Air Pollution’ is the introduction into atmosphere of chemicals
particals, or biological materials that cause discomfort, disease, or
death to humans, damage to other living organisms such as good
Notes crops, natural environment, of built environment.
(c) Noise Pollution is any unwanted sound that disrupts environmental
equilibrium and has harmful effects on environment, humans and
animals
2. Industrial emissions; Vehicular emissions; and Domestic emissions
3. (a) Hearing loss or hearing impairment;
(b) Rise in blood pressure;
(c) Increase in stress level;
(d) Cardio–vascular health effects and
(e) Decrease in efficiency and concentration
24.3.
1. Environmental protection is a practice of protecting the natural environment
at individual organization or governmental levels, for the benefit of natural
environment and humans.
2. Environmental protection is influenced by three interwoven factors :
environmental, legislation, ethics and education.
24.4.
1. Survival
2. End
24.5.
1. True
2. True
3. True
4. True
5. True
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Environmental Law and
6. True Sustainable Development
7. True
24.6.
1. The two main functions of Central Pollution Control Board are: (i) to
promote cleanliness of streams and wells is different areas of the states by
prevention, control and abatement of water pollution; and (ii) to improve Notes
the quality of air and to prevent, control or abate air pollution in the country.
2. The two main functions of State Pollution Boards are : (i) to advise the state
government an matters relating to pollution and on siting of industring; and
(ii) to plan programmes for pollution control.
INTRODUCTION TO LAW 17
