This article is written by Rachit Garg, from University of Petroleum and Energy Studies. This article aims to give a brief introduction to the topic of environmental pollution, what are the various acts preventing it, and also describes the provisions of IPC that can be used as a defence.
Table of Contents
Introduction
In ancient India, environmental protection was an essential part of their Vedic culture. Forest, trees, and wildlife hold an important reference in Hindu theology. Natural resources in our environment play a vital role in our life. But with the industrial revolution, all these resources are being depleted at an unimaginable rate along with the waste from this process being exposed to the environment (land, water, and air) which is contributing further to environmental pollution. India’s pollution levels are one of the highest in the world compared to other countries which makes it important to have certain acts and laws in place in order to protect the environment, especially from the globalized industries that release harmful substances in the environment.
As per the Environment Protection Act, 1986, the environment includes air, water, and land, which has an interconnection between each other and also with living creatures like human beings and animals, and with plants and property.
Historical development
When India achieved independence and the constitution was adopted in 1950, it did not deal with any subject relating to the environment and for its protection. Indian approach after independence was focussed more on economic development and poverty alleviation.
However, in the year 1972, the United Nation conference on Human Environment was held in Stockholm, Sweden, and the Declaration on the Human Environment was adopted, making it the first step to conserve and protect the environment at an international level. As per the declaration, states were required to take legislative measures in order to protect and improve the environment.
The consequence of the Declaration, with the 42nd Amendment Act in 1976, Article 48-A was added as the Directive Principle of State Policy along with Article 51-A, making environmental protection the duty of government and the citizens.
As per Article 48-A of the Indian Constitution, the state must try to protect and preserve the environment but also safeguard the wildlife and forests of the country.
Also, according to Article 51-A (g), the citizens of India must protect and improve the natural environment, including forest, wildlife, lakes, and rivers, and also also to have compassion for the living creatures.
In Rural Litigation and Entitlement Kendra v. the State of UP, the Supreme Court observed that it is not only the duty of the State as stated under 48-A but also the duty of citizens as under Article 51-A (g) of the constitution to protect the environment.
Part III of the Indian Constitution deals with fundamental rights. Article 21 talks about the right to life and in MC Mehta v. Union of India, the Court held that the right to live in a pollution-free environment is a fundamental right given to us under article 21 of the Indian Constitution and this right would not mean anything if there isn’t any healthy environment for the citizens to live in.
Is there any apex administrative body in India for Environmental Protection?
Established in 1985, Ministry and Environment and Forest (MoEF) is the apex body in India for regulating and ensuring environmental protection law and also lays down the legal and regulatory framework for the same. Various environmental legislations have been passed since the 1970s.
Various Legislations for Environment Protection
Some of the important Acts that ensures environmental protection are as follows:
National Green Tribunal Act, 2010
Being established for facilitating the establishment of the National Green Tribunal (NGT), the Act ensures that the cases related to environment protection are handled effectively, also ensuring conservation of forests and other natural resources.
Air (Prevention and Control of Pollution) Act, 1981
As the name suggests, the ‘Air Act’ provides for the prevention of air pollution, along with its control and abatement, also ensures the establishment of Boards at the national and state level for carrying out aforesaid purposes. The act combats the problem of air pollution by prohibiting the use of polluting fuels, also, it helps to regulate those appliances that give rise to air pollution.
Water (Prevention and Control of Pollution) Act, 1974
The Act has been enacted with the intention to prevent water pollution and control it. Moreover, it also aims to maintain and restore the wholesomeness of water in the country. It also facilitates the establishment of Boards to prevent and control water pollution for carrying out the aforesaid purposes.
Environment Protection Act, 1986
The Act provides for protecting and improving the environment. It also helps to establish a framework for carrying out a study for figuring out long-term requirements of environment safety and also lays down a system for a speedy and adequate response to situations threatening the environment.
As per Section 15(1), in case of non-compliance with the rules and directions mentioned under the act, the violator can be held punishable with imprisonment for up to 5 years, or with fine up to Rs. 1 lakh or with both.
Wildlife Protection Act, 1972
Enacted with the motive to protect the wildlife of this country, the Act also controls smuggling, poaching, and illegal trade in wildlife and its derivatives. Moreover, the act was amended in Jan 2003, making penalties and punishments more stringent for offences under the act. The aim is to protect the endangered flora and fauna and also the areas which are ecologically important.
Forest Conservation Act, 1980
As the name suggests, the Act was enacted to conserve the forests of our country. Moreover, it strictly prohibits and regulates the de-reservation of forests or the use of forest land for non-forest purposes without Central Government’s approval.
Environmental Protection and Indian Penal Code
There are various sections in the Indian Penal Code, 1860 that make polluting the environment punishable. They can be used to prevent pollution in the environment. Chapter XIV of the IPC, containing Section 268-294-A, deals with the offences that are related to safety, public health, etc. These provisions make public health a priority and make any act punishable which pollutes the environment and makes the life of an individual dangerous.
Section 268 and 290
Section 268 defines the term public nuisance and says that:
- If any person does any illegal act, or omission then he/she is guilty of an offence.
- Such an act must have caused a ‘common injury’ or danger. Annoyance to the public, or to the people of a vicinity, or such an act must violate someone’s public right.
- A common nuisance is not excused on the ground that it causes some convenience or advantage.
Moreover, Section 290 makes the offence of public nuisance punishable with a fine extending up to Rs. 200. Therefore, if any act or omission of polluting the environment is committed harming any citizen then the same shall be subject to prosecution. Section 290 also makes noise pollution an offence.
In Ratlam Municipality v. Vardhi Chandra, Justice Krishna Iyer observed: “public nuisance because of the pollutant being discharged by big factories to the detriment of the poorer sections, is a challenge to the social justice component of the rule of law”.
In K Ramkrishnan v. the State of Kerala, the court held the smoking in public places is an offence and the same shall amount to public nuisance. It is punishable under Section 290 of the Indian Penal Code. Moreover, according to the reports published by the World Health Organization (WHO), carbon dioxide emission from cigarettes contributes to almost 5% of the global greenhouse gas production.
Section 277
Section 277 of IPC states that if anyone who voluntarily corrupts or fouls the water of public spring or reservoir, so as to make it unfit for ordinary public use, shall be held punishable with imprisonment for up to 3 months or with fine up to Rs. 1000 or with both.
However, the interpretation of the term “public spring or reservoir” by the Indian courts is quite restrictive as it does not include flowing water of rivers, streams, and canals.
Fouling of running river water in a continuous stream is not an offence under this provision, however, if there is sufficient evidence to show that the act has caused common injury or danger to the public then it can be an offence punishable under section 290.
In Emperor v. Nama Rama, the accused and nine others were charged under this provision for fouling river water and making it unfit for drinking by steeping therein aloe plants to extract fibres from it. The trial Court convicted them. The Bombay High Court, after an appeal was filed, held that a river is not a public spring as mentioned in Section 277.
Section 278
According to Section 278, whoever voluntarily vitiates (spoils) the atmosphere of any place so as to make it harmful for any person’s health in a general dwelling, or carrying on a business in a neighbourhood or passing along the public way, shall be liable to a fine of up to Rs. 500.
Important case laws
Indian Council For Enviro-Legal v. Union Of India
In this case, Nakka Vagu, a freshwater stream, provided water for irrigation to farmers of approx 14 villages adjacent to it. But the indiscriminately set up 250 industries, not fulfilling the condition of setting up water treatment plants, instead, it turned the stream into a huge drain carrying industrial affluents. The Supreme Court directed the industries to pay an amount of 20 million to the farmers who have lost their crops and cattle because of air and water pollution.
Taj Mahal Case
In this case, the Supreme Court took into account the damage being caused to the Taj Mahal by the emission of toxic fuel and was facing a serious threat of acid rain. It asked coal and coke based industries in Taj Trapezium (TTZ) to either change over to natural gas or relocate outside TTZ. The court was conscious to understand that the environment cannot be allowed to get damaged to such a level that it becomes a health hazard for the residents of the area.
M.C Mehta v. Union of India
In this case, in December, 1985, gas leakage from Shriram Food and Fertilizers in New Delhi, resulted in the death of 8 people. The Supreme Court promulgated the rule of Absolute liability and held that the companies that engage in dangerous substances owe a duty of care and absolute towards the safety of the common public and they cannot escape from liability.
Ganges Pollution Case
In 1985, M.C Mehta filed a case against tannery industries in UP which used to discharge their effluent waste in the Ganga. This case marked the beginning of judgements made by the Supreme Court in order to stop pollution of Ganga water by industries and municipalities and closed down nearly 30 tanneries.
Conclusion
Today, the uncontrolled use of natural resources is leading to their depletion. Along with it, the environment is suffering from the waste products it is being exposed to. Moreover, in such a situation the general public, public bodies, state, and the central government must understand the harm the developmental process has done to our living environment as it is not only the duty of the government but the citizens of the country are also bound by the responsibility of protecting and preserving the environment.
For the success of local environmental laws, it is essential to create a sense of civic awareness and public hygiene in the use of municipal services such as roads, public squares, drainage, etc. Strict compliance of the legal requirements is also required. Law is an effective tool for obliging people to practice cleanliness and thus fight pollution.
As Paul Bigelow Sears once said, “How far will suffering and misery go until we see that the good earth is our mother even in the day of vast cities and powerful machines and that if we kill her we ruin ourselves.”
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:
