AN ANALYSIS ON ENVIRONMENT POLLUTION AND RELATED LEGAL ISSUES

AN ANALYSIS ON ENVIRONMENT POLLUTION AND RELATED LEGAL ISSUES

ILE Legal Blog

23 Mar, 2023

AN ANALYSIS ON ENVIRONMENT POLLUTION AND RELATED LEGAL ISSUES

Author: Irene Maria Shajan, Student at Government Law College, Coimbatore

ABSTRACT

              My article has an introduction about the pollution. The  types of pollution is explained. The measures to reduce the pollution. Legal provisions like the legislative enacted laws are clearly discussed. Some important case laws are given. It ends with a conclusion.

INTRODUCTION

             Pollution is one of the biggest issues faced by the people now a days. Blending of undesirable and hurtful substances is called pollution. Defilement of these hurtful substances into this climate causes the adverse consequences on the nature. Pollution implies making debased. Contamination is extremely risky for individuals as well With respect to living animals. Contamination is principally brought about by human exercises which hurt our current circumstance.

TYPES OF POLLUTION

There are a total of four types of pollution. They are as follows:

  1. Air pollution –    The main reason for air pollution is contamination in gas present in our environment. It is caused due to the smoke that  comes from industries, motor vehicles and burning the of agricultural waste.
  2. Water pollution – The main cause of water pollution in industrial waste garbage which included many poisonous, chemical going into the river and other types of urban waste including single use of plastic thrown in the river.
  3. Soil pollution- presence of toxic chemicals in high concentration in soil is called soil pollution. Soil pollution is primarily caused by industrial activity, agricultural chemicals or improper disposal of waste
  4. Noise pollution – when the level of noise increases more than the normal level it is called noise pollution. Industries , automobiles and other transport vehicles like aeroplane, buses, bikes , trucks sound , loud speakers all are responsible for noise pollution

HOW TO REDUCE POLLUTION

                 We should plant more trees and stop cutting trees. We should use environment friendly products and should avoid single use of plastic items to Stop pollution. Reuse, reduce and recycle are the best measures to Stop pollution.

LEGAL PROVISIONS

  1. The Water (Prevention and Control of Pollution) Act,1974

This act was the main endeavour of India to manage climate issues. The primary targets of this act are:

  • Counteraction and control of water contamination.
  • Keeping up with or re-establishing of unadulterated water.
  • To lay out Focal and State sheets for counteraction and control of water contamination.
  • Punishments for infringement the arrangements of this demonstration.
  • The Air (Prevention and Control of Pollution) Act, 1981-

In the wake of dealing with such countless issues connected with air this Act was made to forestall and control the air contamination. The objects of this act are-

  • Avoidance, control and decrease of air contamination.
  • The foundation of Focal and State sheets.
  • To keep up with the nature of air.
  • The Environment (Protection) Act, 1986

Subsequent to dealing with such countless issues connected with air this Act was made to forestall and control the air contamination. The objects of this act are-

  • Counteraction, control and reduction of air contamination.
  • The foundation of Focal and State sheets.
  • To keep up with the nature of air.
  • The Wildlife (Protection) Act, 1972

 This act was passed to shield the wild creatures and their living spaces. Its motivations are-

  • To safeguard wild creatures, birds and plants and for issues associated with them.
  • To guarantee the natural and ecological security of the country.
  • This act was passed to shield the wild creatures and their living spaces. Its motivations are-
  • The National Green Tribunal Act, 2010

This act came into force on 18-10-2010. The NGT have the purview over all cases connected with climate. The primary goal is of this act are-in

  • Powerful removal of instances of climate.
  • Assurance of woodlands and normal assets.
  • To give help and harms to hurt caused to climate.
  • These are a portion of the demonstrations passed by the Council to secure and further develop the climate so the objective and point of Reasonable Improvement be accomplished.

SOME IMPORTANT CASES

               The writ appeal documented by the dissident supporter M.C. Mehra v/s. Union Of India[1] requesting the conclusion of various dirtying tanneries close to Kanpur.

In this judgment it was seen that very much like an industry which can’t pay least wages to its labourers can’t be permitted to exist, a tannery which might arrangement an essential treatment at any point plant can’t be allowed to keep on being in presence.

                The pride of Indian and one of the miracles of the world i.e.., Taj Mahal, was confronting danger because of high poisonous emanation from Mathura treatment facilities, iron foundries, glass and other synthetic businesses. The corrosive downpour was a serious danger to the Taj Mahal 255 other noteworthy landmarks inside Taj trapezium.

                 The pinnacle court in M.C.Mehta versus Association India[2](Taj trapezium case) AIR 1987 conveyed its noteworthy judgment in 1996 giving different bearings including forbidding the utilization of coal and cake and guiding the businesses to packed gaseous petrol (cng).

                  In Vellore Citizens Welfare Forum v. Union of India; Supreme Court of India 1996, the high court passed a judgment that would consider state more liable for keeping up with regular assets. The right to contamination free climate was pronounced to be a piece of right to life under article 21 of the constitution of India on account of Subhash Kumar v State of Bihar and Ors. (1991)[3]

                   The appeal was documented against the over the top contamination made by Stream Palar due the arrival of poisons by the tanneries and different enterprises in the Territory of Tamil Nadu. Palar Stream is the principal wellspring of drinking and washing water for the encompassing individuals. Afterward, the Tamil Nadu Horticultural College Exploration Centre, Vellore found that roughly 35,000 hectares of farming area have turned either altogether or to some degree unacceptable for development. This is one of the milestone cases by which the High Court basically examined the connection among climate and modern turn of events. The inquiry which arose for thought under the watchful eye of the High Court was whether the tanneries should be allowed to continue to work to the detriment of lives of lakhs of people. It was introduced by the solicitor that the entire surface and sub-soil water of stream Palar has been inebriated and has brought about the non-availability of consumable water to the occupants of the district. The High Court dissecting the report passed its judgment advancing all endeavours on to keep up a concordance among condition and improvement. The Court yielded that these Tanneries in India are the major unfamiliar trade worker and moreover gives work to countless people. Regardless, at the same time, it wrecks nature and addresses a prosperity risk to everyone. The court conveying its judgment for the solicitor directed every one of the Tanneries to present an entire of Rs. 10,000 as fine in the Gatherer’s office. The Court also planned the Territory of Tamil Nadu to allow Mr. M. C. Mehta with a total of Rs. 50,000.

CONCLUSION

            Pollution disturbs our ecosystem and the balance in the environment. So , it is high time to come together and end this fight against pollution for the betterment of the future generations. unless towards his undertakings for the security of the Climate

[1] AIR 1988 SCR (2) 583

[2] AIR 1987

[3] 1991 AIR 420 1991 SCR (1) 5 1991 SCC (1) 598 JT 1991 (1) 77 1991 SCALE (1)8