Bibliography 1e2rh

BIBLIOGRAPHY  Lecture notes of Susan Wolf and Anna White on Environmental Law.  Legal Control of Environmental Pollution. By Mahesh Mathur

Introduction The Environmental Protection act (EPA) 1990 under s. 1(2) defines environment as: ‘The environment consists of all or any of the following media, namely, the air, water, land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.’ The word 'POLLUTION', is derived from the Latin word POLLUTUS', which means 'defiled or to make dirty or to pollute'. An accurate definition of the term is not easy. Known pollutants differ so much in nature, effect and origin that no common feature is discernible. The ground of commonality is each pollutant represents a substance which in of man's environment, is in the wrong place, at the wrong time, in the wrong amounts and in the wrong physical and chemical form. For e.g. higher level of mercury in water, presence of carbon monoxide in air and plastic in land fills. Pollution of the environment has also been defined as many different forms of unwanted interference with the environment. In general it has been defined as: 'The introduction by man into any part of the environment of .waste matter or surplus energy, which so changes the .Environment as directly or indirectly adversely to effect the opportunity of men to use or enjoy it and it is the introduction into water of substances of such character and quantity that its natural quality is so altered as to impair its usefulness or render it offensive to the senses of sight, taste or smell.’ According to Liptak, it is a change in physical, chemical and biological condition in the environment which harmfully affects the quality of human life, causing effects on other animals and plants, industries and cultural and aesthetic assets.

Different types of pollution There are different types of pollution namely, air pollution, water pollution, soil pollution, noise pollution, radioactive pollution, thermal pollution and maritime pollution. They are discussed as below: Air pollution Pollution of air has been defined as “the change in the composition of air in such a way that it becomes harmful for human health”. Air is a mechanical micture of gases. The normal composition of external air by volume is approximately as follows :  Nitrogen-78%  Oxygen-20.93%  Carbon dioxide-0.03% The balance is made up of other gases which occur in traces, e.g. Neon, krypton, xenon, traces of ammonia and suspended matter such as dust, bacteria, spores and vegetable debris. Air is rendered impure by –    

Respiration of men and animals Combustion of coal, oil, gases etc. Decomposition of organic matter. Trade, traffic, manufacturing processes which give of dust , fumes, vapors and gases.

Under ordinary circumstances, the composition of outdoor air is remarkably constant. When the rate of pollution becomes too high or when the cleansing process becomes ineffective, it constitutes a health hazard.

Water pollution Water pollution has been defined as, “the change in composition of water in such a way that it becomes not only unsafe but also unwholesome for human consumption”. Safe and wholesome water has been defined as water that is :    

Free from pathogenic agents Free from harmful chemical substances. Pleasant to taste. Usable for domestic purposes.

Water is said to be contaminated when it contains ineffective and parasitic agents, poisonous chemical substances, industrial or other waste or sewage. The term polluted water is synonymous with contaminated water. Noise pollution Noise pollution is defined as “unwanted high pitch sound, which is leading to health hazard”. This term has recently been coined to signify the vast cacophony of sounds that are being produced in modern life leading to health hazard. Radioactive pollution Radioactive pollution has been defined as “the pollution caused by the blast of atoms”. When the amount of radiation in the atmosphere is increased, that is when it crosses the permissible limit, it causes pollution. Soil pollution. The degradation of the top layer of soil, due to dumping of untreated waste materials and non biodegradable materials leads to soil pollution. That is the soil loses its fertility. Radioactive dumping also causes soil pollution. Since, all the above elements namely air, water, soil and atmosphere form a complete environment, pollution of one type inevitably leads to pollution of other various kinds forming a chain reaction.

Factors Responsible for Pollution URBANISATION Environmental factors have been given too little consideration in thinking on urbanization in India. Yet, they are extremely important and their importance will increase with increasing urbanization. The levels of water and air pollution are very high in many cities and they could increase to dangerous levels with further increase in the population. Pollution of river water by discharges of untreated waste and sewerage by cities and towns , by industrial effluents and by chemical dissolved in oil and wash from the fields is also increasing rapidly with urbanization, industrialization and agricultural intensification. In Almitra H. Patel v. Union of India, (2002) 2 SCC 679, the SC has observed that: “The historic city of Delhi is one of the most polluted cities in the world. the authorities responsible for pollution control and environment protection have not been able to provide a clean and healthy environment to the residents. The air is so polluted that it is difficult to breathe. The river Yamuna is the free dumping place for untreated sewerage and industrial waste. Apart from air and water pollution, the city is virtually an open dustbin. There is no doubt that rapid industrial development and urbanization has a major contribution towards environmental degradation.” The citizen’s Centre for Science and Environment in its 5th Report “ State of India’s Environment” 1999 has observed that : “India is facing a total collapse of the urban environment. While industrial cities like Ludhiana and Tiruppur are drowning in toxic wastes and industrial pollution, non industrial cities like Aligarh and Bhagalpur are swamped with domestic waste. Water supply agencies have failed to provide clean and adequate water, people are turning more to use of ground water, depleting and polluting its reserves. Rivers that through town are turning toxic”.

This quick population growth in urban area may soon reduce per capita water availability to levels below those required to meet basic household, industrial and agricultural need. INDUSTRIALISATION Industry is no doubt one of the major factors to gear up economy. But it is also a major source of pollution. Industrialization has risen up the standard of living; however, at the same time it has deterioted the environment. Use of atomic energy, kerosene, diesel, coal and other fossil fuels pollute the air. Industrial waste has become a major source of environmental pollution. In case of M.C. Mehta v. Union of India AIR 1988 SC 115, it was observed that some leather tanneries were discharging untreated effluents in water near Kanpur and rivers ing by were highly polluted. The court ordered the closure of the tanneries. In another case, Shree Ram Food and Fertilisers Corporation v. the Union of India, 1987 SCC 395, it was held that leakage of the oleum gas dangerous and the closure of the tanneries. In the case of the Union carbide Corporation v. Union of India, AIR 1990 Sc 248, the leakage of MIC gas in the union carbide plant was observed to be inherently dangerous and hazardous activity and in this case the law relating to the development of the environmental law, quantum of compensation, ‘no-fault liability’, ‘absolute liability’ were discussed and propounded at great length. POPULATION GROWTH Population growth can be a key variable driving environmental change. The growth of the world population and production combined with unsustainable consumption patterns places stress on the life ing capacities on our planet. These interactive processes affect the use of land, water, air energy and other resources. It also leads to an increase in the density of the population the certain areas. India’s population makes up to 16% of the worlds’ population .such an increase in the population automatically demands more food and to meet

that demand we have to use pesticides and chemical fertilizers. This leads to reducing the fertility of the land. DEFORESTATION Industrialization and rapid increase in the population has resulted in deforestation. Forests are a vital source in preserving our natural ecology. Forests prevent floods and are useful in protection of wildlife. As a result of deforestation, many species of plants and animals have become extinct nad many are endangered. Deforestation also affects the life of tribal people who are heavily dependent on the forest. Deforestation adversely affects the rate of evaporation thus bringing about change in the rainfall patterns and climatic conditions. POVERTY Poverty can be described as the inability of a person to attain or maintain a minimal standard of living. Poverty reduces people’s capacity to use resources in a sustainable manner. It intensifies the pressure on the environment. In Olga Tellis v. Bombay Municipal Corp, AIR 1986 SC 180, the apex court directed the B.M.C. authorities to provide alternative accommodation with basic amenities like latrines, water, road before slum dwellers and pavement dwellers were evicted. Eradicating poverty is the greatest global challenge facing the world today and is an indispensable requirement for sustainable development particularly for developing nations like India.

INDEX  Introduction  Types of Pollution     

Air pollution Water pollution Soil pollution Noise pollution Radioactive Pollution

 Factors responsible for pollution     

Urbanisation Industialisation Population growth Deforestation Poverty

 Conclusion

Conclusion “What is the point of making a house if you don’t have a healthy planet to put it on.”- Henry David Thoreau

Environmental Law Project POLLUTION

Made by: ABHAY OJHA Roll No. O1 B.A. L.LB (H) III year