Environmental Law Project

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THE ENVIRONMENT (PROTECTION) ACT, 1986
& ENVIRONMENTAL ISSUES
RAJESH. R. SHETTY
ROLL NO – 47
MMM BATCH

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Environment pollution is a wide-reaching problem and it is likely to influence the health of
human populations is great. This paper provides the insight view about the affects of
environment pollution in the perspective of air pollution, water and land/ soil waste pollution on
human by diseases and problems, animals and trees/ plants. Study finds that these kinds of
pollutions are not only seriously affecting the human by diseases and problems but also the
animals and trees/ plants. According to author, still time left in the hands of global institutions,
governments and local bodies to use the advance resources to balance the environment for
living and initiates the breathed intellectuals to live friendly with environment. As effective reply
to contamination is largely base on human appraisal of the problem from every age group and
contamination control program evolves as a nationwide fixed cost-sharing effort relying upon
voluntary participation
Definition of ‘Environment’
The title of the Environment Act gives an impression that the law signifies a hallmark of a
change in emphasis from the narrow concept of pollution control to the wider aspects of
environmental protection. However, the definition of „Environment‟ under the Act may give a
negative impression.
According to Sec. 2(a), “environment” includes water, air, land, and the inter-relationship which
exists among and between water, air and land, and human beings, other living creatures, plants,
microorganisms and property. Environmental pollutant is defined in Sec. 2(b) as any solid, liquid
or gaseous substance present in such concentrations as may be, or tend to be, injurious to the
environment. Environmental pollution is defined in Sec. 2(c) as the presence in the environment
of any environmental pollutant. Sec.2 shows as total lack of understanding of the modern
concept of environmental pollution and the factors that lead to the imbalance of the ecosystem.
The modern concept of environmental pollution is wider. It may be said that any sort of deviation
of any substance from its original place and removal of its origin is called environmental
pollution because such transferability may cause or tend to cause damage or injury to the
nature. As for example, a plant is removed from its original place and planted in a new place
may cause soil pollution for such amputation. In the Act, accent is on the physical condition of
air and water. The major urban environmental ills like noise, traffic, slums and congestion are
conspicuously absent from the Act and no provisions have been made for their control.

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The definition of environmental pollutant includes solid, liquid or gaseous „substances‟ only.
There are pollutants which are not substances e.g. heat energy (which causes thermal
pollution), nuclear radiations, and sound (which causes noise pollution). The definition of
environmental pollution is narrow and commonplace. If oxygen is withdrawn from the
environment in quantities detrimental to the environment, it forms an instance of pollution. This
is how organic pollution occurs. Organic wastes from paper pulp plants, for example, are not
poisonous materials; but if they are discharged into rivers without proper treatment, increase in
oxygen demand leads to severe water pollution. Further, organisms can be pollutants. Presence
or absence of any particular organism in such numbers as to destroy the ecosystem or food
cycle is pollution. A popular example is the depletion of frogs and increase of mosquitoes. Thus,
the definition of „environment‟ under the Environment Protection Act is not exhaustive but
inclusive one
Environmental issues in India
There are many environmental issues in India. Air
pollution, water pollution, garbage, and pollution of
the natural environment are all challenges for India.
The situation was worse between 1947 through 1995.
According to data collection and environment
assessment studies of World Bank experts, between
1995 through 2010, India has made one of the fastest
progresses in the world, in addressing its
environmental issues and improving its environmental
quality. Still, India has a long way to go to reach environmental quality similar to those enjoyed
in developed economies. Pollution remains a major challenge and opportunity for India.
Some have cited economic development as the cause regarding the environmental issues.
Others believe economic development is key to improving India's environmental management
and preventing pollution of the country. It is also suggested that India's growing population is the
primary cause of India's environmental degradation. Systematic studies challenge this
theory. Empirical evidence from countries such as Japan, England and Singapore, each with
population density similar or higher than India, yet each enjoying environmental quality vastly
superior to India, suggests population density may not be the only factor affecting India's issues.

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Major environmental issues are forest and agricultural degradation of land, resource depletion
(water, mineral, forest, sand, rocks etc.), environmental degradation, public health, loss
of biodiversity, loss of resilience in ecosystems, livelihood security for the poor.[4]
The major sources of pollution in India include the rampant burning of fuelwood and biomass
such as dried waste from livestock as the primary source of energy,[5]
lack of organised garbage
and waste removal services, lack of sewage treatment operations, lack of flood control and
monsoon water drainage system, diversion of consumer waste into rivers, cremation practices
near major rivers, government mandated protection of highly polluting old public transport, and
continued operation by Indian government of government owned, high emission plants built
between 1950 to 1980
History
Policy and Laws in Ancient India
In ancient India, protection and cleaning up of environment was the essence of Vedic culture.
The conservation of environment formed an ardent article of faith, reflected in the daily lives of
the people and also 91 enshrined in myth folklore, art, culture and religion. In Hindu theology
forests, trees and wildlife protection held a place of special reverence. Cutting green trees was
prohibited and punishment was prescribed for such acts. Under the Hindu culture moral
injunctions acted as guidelines towards environmental preservation and conservation. For
instance, to maintain the quality of water and to avoid the water pollution, Manu advised not to
contaminate water by urine, stool or coughing, un-pious objects, blood and poison. Yagyavalkya
Smriti and Charak Samhita give many instructions for the use of water for maintaining its purity.
Under the Arthtashastra, various punishments were prescribed for cutting trees, damaging
forests, and for killing animals. The State assumed the functions of maintenance of forests,
regulation of forest produce and protection of wildlife. Arthashastra also prescribed punishment
for causing pollution and un-civic sanitation. Thus, ancient India had a philosophy of
environmental management principally enshrined in old injunctions as they were contained in

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many scriptures and smritis. The environmental ethics of nature conservation were not only
applicable to common man but the rulers and kings were also bound by them.
Policy and Laws in Medieval India
During the Moghul period environment conservation did not receive much attention. It is righty
said : “To Moghul rulers, forest meant no more than woodlands where they could hunt. To their
governors, the forests were properties which yielded some revenue. Barring „royal trees‟ which
enjoyed patronage from being cut except upon a fee, there was no restriction on cutting of other
trees. Thus, forests during this period shrank steadily in size.” 92 However, the forests were
managed with the help of a complex range of rules and regulations woven around the socio-
cultural features as well as the economic activities of local communities. Further, the religious
policy of Akbar based on the principal of complete tolerance also reflects concern for protection
of birds and beasts in so much so as endeavors were taken during his region to stop their
unnecessary killing. During medieval era, another set of legal principles were inducted,
governed by the holy Koran which declares that “we made from water every living things”.
Policy and Laws in British India
With the establishment of British Colonial rule, many changes were brought in the religiously
oriented indigenous system. The British regime saw the beginning of organized forest
management. It was the forestry, wildlife and water pollution which attracted their attention in
particular. In the field of forest protection, the enactment of the Forest Act, 1865 was the first
step at asserting the State monopoly right over the forests. The customary rights of rural
communities to manage forests were curtailed by the Act. The Forest Act of 1927 specifically
denied people any rights over the forest produce simply because they were domiciled there. In
the field of wildlife protection, the British practiced selective wildlife conservation.
During this period, the concern for protection and management of water resources in India came
through the first major development in the form of Bengal Regulation VI of 1819, which did not
mention protection of water environment from pollution but invested the Government with
sovereignty over water resources. It marked radical shift from earlier practices, which treated
the water resources as “common property” of all, with control lying in the hands of the people.
The Shore Nuisance (Bombay and Kolaba) Act of 1853 and the Oriental Gas Company Act of
1857 imposed restrictions on the fouling of water. The Merchant Shipping Act of 1858 dealt with
prevention of pollution of sea by oil. In 1860, for the first time, an attempt was made to control
especially water and atmospheric pollution through criminal sanctions under the Indian Penal

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Code, 1860. As against prohibitive provisions under the IPC, 1860, the Easement Act of 1882
allowed a prescription right to pollute the water but it was not an absolute right (one was not to
“unreasonably pollute” or cause “material injury to other”). The Bengal Smoke Nuisance Act of
1905 and Bombay Smoke Nuisance Act of 1912 were the earlier laws enacted during the British
Raj, aimed at controlling air pollution. Thus, the environmental policy during the British rule was
not directed at the conservation of nature but rather was directed at the appropriation and
exploitation of common resources with a primary objective of earning revenue. Neither were
there effective laws for the protection of environment. Further, these laws had a narrow scope
and limited territorial reach.
Policy and Laws after Independence
The India Constitution, as adopted in 1950, did not deal with the subject of environment or
prevention and control of pollution as such (until 1976 Amendment). The original text of the
Constitution under Article 372(1) has incorporated the earlier existing laws into the present legal
system and provides that notwithstanding the repeal by this Constitution of enactments referred
to in Article 395, but subject to other provisions of the other provisions of the Constitution, all
laws in force immediately before the commencement of the Constitution shall remain in force
until altered, repealed or amended by a competent legislature or other competent authority. As a
result, even after five decades of independence, the plethora of such laws is still in operation
without any significant charge in them. The post-independence era, until 1970, did not see much
legislative activity in the filed of environmental protection. Two early post-independence laws
touched on water pollution. The Factories Act of 1948 required all factories to make effective
arrangements for waste disposal and empowered State Governments to frame rules
implementing this directive. Under the River Boards Act of 1956, river boards established are
empowered to prevent water pollution of inter-state rivers. To prevent cruelty to animals, the
Prevention of Cruelty of Animals Act was framed in 1960. Some States took initiative in the field
of environmental protection, viz., Orissa River Pollution Prevention Act, 1953, and, Maharashtra
Prevention of Water Pollution Act, 1969. While the Orissa Act was confined only to rivers, the
Maharashtra Act extended to rivers, watercourses, whether flowing or for the time being dry,
inland water both natural and artificial, and subterranean streams. Thus, there were scattered
provisions for checking pollution of air, water, etc., but there was no unified effort in developing
any policy concerning the pollution emanating from these areas. This position went up to the
seventies. Meanwhile concern arose over, inter-alia, population increase, greater pollution
levels; human impact on animal populations and natural landscapes and other aspects of

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resource depletion. It was the Stockholm Declaration of 1972 which turned the attention of the
Indian Government to the boarder perspective of environmental protection. The government
made its stand well known through five year plans as well as the legislations enacted
subsequently to curb and control environmental pollution. After 1970, comprehensive (special)
environmental laws were enacted by the Central Government in India. The Wildlife (Protection)
Act, 1972, aimed at rational and modern wild life management. The Water (Prevention and
Control of Pollution) Act, 1974, provides for the establishment of pollution control boards at
Centre and States to act as watchdogs for prevention and control of pollution. The
Forest(Conservation) Act, 1980 aimed to check deforestation, diversion of forest land for non-
forestry purposes, and to promote social forestry. The Air(Prevention and Control of Pollution)
Act,1981, aimed at checking air pollution via pollution control boards. The Environment
(Protection) Act, 1986 is a landmark legislation which provides for single focus in the country for
protection of environment and aims at plugging the loopholes in existing legislation. It provides
mainly for pollution control, with stringent penalties for violations. The Public Liability Insurance
Act, 1991, provides for mandatory insurance for the purpose of providing immediate relief to
person affected by accidents occurring while handling any hazardous substance. The National
Environment Tribunals Act, 1995, was formulated in view of the fact that civil courts litigations
take a long time (as happened in Bhopal case). The Act provides for speedy disposal of
environmental related cases through environmental tribunals. Under the Act, four benches of
the tribunal will be set up in Delhi, Calcutta, Madras and Bombay and 8,000 of the most
Hazardous industrial units in the country will be brought under its security.
The National Environment Appellate Authority Act, 1997, provides for the established of a
National Environment Appellant Authority (NEAA) to hear appeals with respect to restriction in
areas in which any industries, operations or processes shall not be carried out or shall be
carried out subject to certain safeguards under the Environment (Protection) Act, 1986.
MAJOR ISSUES
Air pollution, poor management of waste, growing water scarcity, falling groundwater tables,
water pollution, preservation and quality of forests, biodiversity loss, and land/soil degradation
are some of the major environmental issues India faces today India’s population growth adds
pressure to environmental issues and its resources.

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POPULATION GROWTH AND ENVIRONMENTAL QUALITY
There is a long history of study and debate about the interactions between population growth
and the environment. According to a British thinker Malthus, for example, a growing population
exerts pressure on agricultural land, causing environmental degradation, and forcing the
cultivation of land of poorer as well as poorer quality. This environmental degradation ultimately
reduces agricultural yields and food availability, causes famines and diseases and death,
thereby reducing the rate of population growth.
Population growth, because it can place increased pressure on the assimilative capacity of the
environment, is also seen as a major cause of air, water, and solid-waste pollution. The result,
Malthus theorized, is an equilibrium population that enjoys low levels of both income and
environmental quality. Malthus suggested positive and preventative forced control of human
population, along with abolition of poor laws.
Malthus theory, published between 1798 and 1826, has been analysed and criticized ever
since. The American thinker Henry George, for example, observed with his characteristic
piquancy in dismissing Malthus: "Both the jayhawk and the man eat chickens; but the more
jayhawks, the fewer chickens, while the more men, the more chickens." Similarly, the American
economist Julian Lincoln Simon criticized Malthus's theory.[14]
He noted that the facts of human
history have proven the predictions of Malthus and of the Neo-Malthusians to be flawed.
Massive geometric population growth in the 20th century did not result in a Malthusian
catastrophe. The possible reasons include: increase in human knowledge, rapid increases in
productivity, innovation and application of knowledge, general improvements in farming
methods (industrial agriculture), mechanization of work (tractors), the introduction of high-yield
varieties of wheat and other plants (Green Revolution), the use of pesticides to control crop
pests.[15]
More recent scholarly articles concede that whilst there is no question that population growth
may contribute to environmental degradation, its effects can be modified by economic growth
and modern technology.[16]
Research in environmental economics has uncovered a relationship
between environmental quality, measured by ambient concentrations of air pollutants and per
capita income. This so-called environmental Kuznets curve shows environmental quality
worsening up until about $5,000 of per capita income on purchasing parity basis, and improving
thereafter.[17]
The key requirement, for this to be true, is continued adoption of technology and
scientific management of resources, continued increases in productivity in every economic
sector, entrepreneurial innovation and economic expansion.

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Other data suggests that population density has little correlation to environmental quality and
human quality of life. India's population density, in 2011, was about 368 human beings per
square kilometer. Many countries with population density similar or higher than India enjoy
environmental quality as well as human quality of life far superior than India. For example:
Singapore (7148 /km2
), Hong Kong-China (6349 /km2
), South Korea (487 /km2
), Netherlands
(403 /km2
), Belgium (355 / km2
), England (395 /km2
) and Japan (337/ km2
).
POLLUTION
WATER POLLUTION
India is recognized as has having major issues with water pollution, predominately due to
untreated sewerage. Rivers such as the Ganges, the Yamuna and Mithi Rivers, all flowing
through highly populated areas, thus polluted.
India's Upper Lake is still polluted with chemicals from the 1984 Bhopal disaster. A campaign
has been launched in January 2009 by the Chief Minister Shivraj Singh Chouhan to clean and
desilt the Upper Lake.
Water supply and sanitation continue to be inadequate, despite long-standing efforts by the
various levels of government and communities at improving coverage.
AIR POLLUTION
A rural stove using biomass cakes, fuel wood and trash as cooking fuel. Surveys suggest over
100 million households in India use such stoves (chullahs) every day, 2–3 times a day. It is a
major source of air pollution in India, and produces smoke and numerous indoor air pollutants at
concentrations 5 times higher than coal. Clean burning fuels and electricity are unavailable in
rural parts and small towns of India because of poor rural highways and limited energy
generation infrastructure.
Air pollution in India is a serious issue with the major sources being fuelwood and biomass
burning, fuel adulteration, vehicle emission and traffic congestion. India is the world's largest
consumer of fuel wood, agricultural waste and biomass for energy purposes. Traditional fuel
(fuel wood, crop residue and dung cake) dominates domestic energy use in rural India and
accounts for about 90% of the total. In urban areas, this traditional fuel constitutes about 24% of
the total. Fuel wood, agric waste and biomass cake burning releases over 165 million tonnes of
combustion products into India's indoor and outdoor air every year. Vehicle emissions are
another source of air pollution. Vehicle emissions are worsened by fuel adulteration and poor

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fuel combustion efficiencies from traffic congestion and low density of quality, high speed road
network per 1000 people.
On per capita basis, India is a small emitter of carbon dioxide greenhouse. In 2009, IEA
estimates that it emitted about 1.4 tons of gas per person, in comparison to the United States’
17 tons per person, and a world average of 5.3 tons per person. However, India was the third
largest emitter of total carbon dioxide in 2009 at 1.65 Gt per year, after China (6.9 Gt per year)
and the United States (5.2 Gt per year). With 17 percent of world population, India contributed
some 5 percent of human-sourced carbon dioxide emission; compared to China's 24 percent
share.
The Air (Prevention and Control of Pollution) Act was passed in 1981 to regulate air pollution
and there have been some measurable improvements. However, the 2012 Environmental
Performance Index ranked India as having the poorest relative air quality out of 132 countries.
SOLID WASTE POLLUTION
Trash and garbage disposal services, responsibility of local government workers in India, are
ineffective. Solid waste is routinely seen along India's streets and shopping plazas. Image
shows solid waste pollution along a Jaipur street, a 2011 image.
Trash and garbage is a common sight in urban and rural areas of India. It is a major source of
pollution. Indian cities alone generate more than 100 million tons of solid waste a year. Street
corners are piled with trash. Public places and sidewalks are despoiled with filth and litter, rivers
and canals act as garbage dumps. In part, India's garbage crisis is from rising consumption.
India's waste problem also points to a stunning failure of governance.
In 2000, India's Supreme Court directed all Indian cities to implement a comprehensive waste-
management programme that would include household collection of segregated waste,
recycling and composting. These directions have simply been ignored. No major city runs a
comprehensive programme of the kind envisioned by the Supreme Court.
Indeed, forget waste segregation and recycling directive of the India's Supreme Court, the
Organization for Economic Cooperation and Development estimates that up to 40 percent of
municipal waste in India remains simply uncollected. Even medical waste, theoretically
controlled by stringent rules that require hospitals to operate incinerators, is routinely dumped
with regular municipal garbage. A recent study found that about half of India's medical waste is
improperly disposed of.

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Municipalities in Indian cities and towns have waste collection employees. However, these are
unionized government workers and their work performance is neither measured nor monitored.
Some of the few solid waste landfills India has, near its major cities, are overflowing and poorly
managed. They have become significant sources of greenhouse emissions and breeding sites
for disease vectors such as flies, mosquitoes, cockroaches, rats, and other pests.
In 2011, several Indian cities embarked on waste-to-energy projects of the type in use in
Germany, Switzerland and Japan. For example, New Delhi is implementing two incinerator
projects aimed at turning the city’s trash problem into electricity resource. These plants are
being welcomed for addressing the city’s chronic problems of excess untreated waste and a
shortage of electric power. They are also being welcomed by those who seek to prevent water
pollution, hygiene problems, and eliminate rotting trash that produces potent greenhouse gas
methane. The projects are being opposed by waste collection workers and local unions who
fear changing technology may deprive them of their livelihood and way of life.
Along with waste-to-energy projects, some cities and towns such as Pune, Maharashtra are
introducing competition and the privatization of solid waste collection, street cleaning operations
and bio-mining to dispose the waste. A scientific study suggests public private partnership is, in
Indian context, more useful in solid waste management. According to this study, government
and municipal corporations must encourage PPP-based local management through collection,
transport and segregation and disposal of solid waste.
NOISE POLLUTION
The Supreme Court of India which is in New Delhi gave a significant verdict on noise pollution in
2005. Unnecessary honking of vehicles makes for a high decibel level of noise in cities. The use
of loudspeakers for political purposes and for sermons by temples and mosques makes noise
pollution in residential areas worse.
In January 2010, Government of India published norms of permissible noise levels in urban and
rural areas
LAND OR SOIL POLLUTION
In March 2009, the issue of Uranium poisoning in Punjab came into light, caused by fly ash
ponds of thermal power stations, which reportedly lead to severe birth defects in children in the
Faridkot and Bhatinda districts of Punjab. Land pollution in India is due to the poisonous
pesticides and fertilizers as well as corrosion during 2009. Another main reason of this type of

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pollution is poor garbage disposal services in both the rural and urban areas of India. It is very
common in India to find heaps of garbage on street corners.
GREENHOUSE GAS EMISSIONS OR CHEMICAL POLLUTION]
India was the third largest emitter of carbon dioxide in 2009 at 1.65 Gt per year, after China (6.9
Gt per year) and the United States (5.2 Gt per year). With 17 percent of world population, India
contributed some 5 percent of human-sourced carbon dioxide emission; compared to China's
24 percent share. On per capita basis, India emitted about 1.4 tons of carbon dioxide per
person, in comparison to the United States’ 17 tons per person, and a world average of 5.3 tons
per person
REMEDIES OF ENVIRONMENTAL POLLUTION
CONTROLLING AIR POLLUTION
• Keeping the environment clean and managing the wastes with the Guide lines of respective
Government
• The Exhausts from the Automobiles and workshop machinery should be controlled.
• The ISO standards must be followed strictly for Industrial usage.
To reduce air pollution?
• Encourage your family to walk to the neighborhood market.
• Whenever possible take your bicycle.
• Don’t let your father drop you to school, take the school bus.
• Encourage your family to form a car pool to office and back.
• Reduce the use of aerosols in the household.
• Look after the trees in your neighborhood.
• Begin a tree-watch group to ensure that they are well tended and cared for.
• Switch-off all the lights and fans when not required.
• If possible share your room with others when the air conditioner, cooler or fan is on.
• Do not burn leaves in your garden; put them in a compost pit.
• Make sure that the pollution check for your family car is done at regular intervals
• Cars should, as far as possible, be fitted with catalytic converters.
• Use only unleaded petrol.
CONTROLLING WATER POLLUTION

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Domestic sewage
In urban areas, domestic sewage is typically treated by centralized plants. In the U.S., most of
these plants are operated by local government agencies. Municipal treatment plants are
designed to control BOD and suspended solids. Well-designed and operated systems (i.e.,
secondary treatment or better) can remove 90 percent or more of these pollutants. Some plants
have additional sub-systems to treat nutrients and pathogens. Most municipal plants are not
designed to treat toxic pollutants found in industrial waste water.
Cities with sanitary sewer overflows or combined sewer overflows employ one or more
approaches to reduce discharges of untreated sewage, including:
• Utilizing a approach to improve storm water management capacity throughout the system
• Repair and replacement of leaking and malfunctioning equipment
• Increasing overall capacity of the sewage collection system (often a very expensive option).
A household or business not served by a municipal treatment plant may have an
individual, which treats the waste water on site and discharges into the soil. Alternatively,
domestic waste water may be sent to a nearby privately-owned treatment system (e.g. in a rural
community).
Industrial waste water Some industrial facilities generate ordinary domestic sewage that can be
treated by municipal facilities. Industries that generate waste water with high concentrations of
conventional pollutants (e.g. oil and grease), toxic pollutants (e.g. heavy metals, volatile organic
compounds) or other non conventional pollutants such as ammonia, need specialized treatment
systems. Some of these facilities can install a pre-treatment system to remove the toxic
components, and then send the partially-treated waste water to the municipal system
Agricultural waste water
Non-point source controls washed off fields is the largest source of agricultural pollution.
Farmers may utilize to reduce runoff flows and retain soil on their fields. Common techniques
include contour plowing, crop mulching, crop rotation, planting perennial crops and installing
riparian buffers. Nutrients nitrogen and phosphorus are typically applied to farmland as
commercial fertilizer; animal manure; or spraying of municipal or industrial waste water (effluent)
or sludge. Nutrients may also enter runoff from crop residues, irrigation water, wildlife, and
atmospheric deposition. Farmers can develop and implement nutrient management plans to
reduce excess application of nutrients. To minimize pesticide impacts, farmers may use
Integrated Pest Management] (IPM) techniques to maintain control over pests, reduce reliance
on chemical pesticides, and protect water quality. Point source wastewater treatment-Farms
with large livestock and poultry operations, such as factory farms, are called concentrated

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animal feeding operations or confined animal feeding operations in the U.S. and are being
subject to increasing government regulation. Animal slurries are usually treated by containment
in lagoons before disposal by spray or trickle application to grassland. Constructed wetlands are
sometimes used to facilitate treatment of animal wastes, as are anaerobic lagoons. Some
animal slurries are treated by mixing with straw and composted at high temperature to produce
a bacteriologically sterile and friable manure for soil improvement.
Construction site Storm water
Discharge of toxic chemicals such as motor fuels and concrete washout is prevented by use of:
• Spill prevention and control plans, and
• Specially-designed containers (e.g. for concrete washout) and structures such as overflow
Controls and diversion berms.
Urban Runoff (Storm Water)
Effective control of urban runoff involves reducing the velocity and flow of storm water, as well
as reducing pollutant discharges. Local governments use a variety of storm water management
techniques to reduce the effects of urban runoff. These techniques, called (BMPs) in the U.S.,
may focus on water quantity control, while others focus on improving water quality, and some
perform both functions. Pollution prevention practices include low impact development
techniques, installation of green roofs and improved chemical handling (e.g. management of
motor fuels & oil, fertilizers and pesticides). Runoff mitigation systems include basin infiltration
basins, bio retention systems, constructed wetlands, retention basins and similar devices.
Thermal pollution from runoff can be controlled by storm water management facilities that
absorb the runoff or direct it into groundwater, such as bio retention systems and infiltration
basins. Retention basins tend to be less effective at reducing temperature, as the water may be
heated by the sun before being discharged to a receiving stream.
CONTROLLING SOIL POLLUTION
The following steps have been suggested to control soil pollution. To help prevent soil erosion,
we can limit construction in sensitive area. In general we would need less fertilizer and fewer
pesticides if we could all adopt the three R's: Reduce, Reuse, and Recycle. This would give us
less solid waste.
REDUCING CHEMICAL FERTILIZER AND PESTICIDE USE
Applying bio-fertilizers and manures can reduce chemical fertilizer and pesticide use.

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Biological methods of pest control can also reduce the use of pesticides and thereby minimize
soil pollution.
REUSING OF MATERIALS
Materials such as glass containers, plastic bags, paper, cloth etc. can be reused at domestic
levels rather than being disposed, reducing solid waste pollution. Recycling and recovery of
materials this is a reasonable solution for reducing soil pollution. Materials such as paper, some
kinds of plastics and glass can and are being recycled. This decreases the volume of refuse and
helps in the conservation of natural resources. For example, recovery of one tonne of paper can
save 17 trees.
REFORESTING
Control of land loss and soil erosion can be attempted through restoring forest and grass cover
to check wastelands, soil erosion and floods. Crop rotation or mixed cropping can improve the
fertility of the land.
SOLID WASTE TREATMENT
Proper methods should be adopted for management of solid waste disposal. Industrial wastes
can be treated physically, chemically and biologically until they are less hazardous. Acidic and
alkaline wastes should be first neutralized; the insoluble material if biodegradable should be
allowed to degrade under controlled conditions before being disposed.
As a last resort, new areas for storage of hazardous waste should be investigated such as deep
well injection and more secure landfills. Burying the waste in locations situated away from
residential areas is the simplest and most widely used technique of solid waste management.
Environmental and aesthetic considerations must be taken into consideration before selecting
the dumping sites. Incineration of other wastes is expensive and leaves a huge residue and
adds to air pollution. Pyrolysis is a process of combustion in absence of oxygen or the material
burnt under controlled atmosphere of oxygen. It is an alternative to incineration. The gas and
liquid thus obtained can be used as fuels. Pyrolysis of carbonaceous wastes like firewood,
coconut, palm waste, corn combs, cashew shell, rice husk paddy straw and saw dust, yields
charcoal along with products like tar, methyl alcohol, acetic acid, acetone and a fuel gas.
Anaerobic/aerobic decomposition of biodegradable municipal and domestic waste is also being
done and gives organic manure. Cow dung which releases methane into the atmosphere,
should be processed further in 'gobar gas plants' to produce 'gobar gas' and good manure.
CONTROLLING NOISE POLLUTION
Responsibility as to enforcement of noise pollution control measures

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(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in
respect of noise as specified in the Schedule.
(2) The authority shall be responsible for the enforcement of noise pollution control measures
and the due compliance of the ambient air quality standards in respect of noise. (3) The
respective State Pollution Control Boards or Pollution Control Committees in consultation with
the Central Pollution Control Board shall collect, compile and publish technical and statistical
data relating to noise pollution and measures devised for its effective prevention, control and
abatement.
Restrictions on the use of loud speakers/public address system
(1) A loud speaker or a public address system shall not be used except after obtaining written
permission from the authority.
(2) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to
6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference
rooms, community halls and banquet halls.
(3)Not withstanding anything contained in sub-rule (2), the State Government may subject to
such terms and conditions as are necessary to reduce noise pollution, permit use of loud
speakers or public address systems during night hours (between 10.00 p.m. to 12.00 midnight)
on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen
days in all during a calendar year.
IMPORTANT - Constitution of India-Right to Life:
Article 21 of the Constitution guarantees life and personal liberty to all persons. It is well settled
by repeated pronouncements of the Supreme Court that right to life enshrined in Article 21 is not
of mere survival or existence. It guarantees a right of persons to life with human dignity. Anyone
who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise
as pollutant reaching him.
Environmental Courts
The inherent limitations of the judicial system of review substantive questions relating to the
environment make it desirable to establish an alternative forum, with an alternative strategy. As
early as 1987, the Supreme Court was convinced of the need for scientific and technological
expertise as an essential input to inform judicial decision-making. The court urged the
Government of India to set up an Ecological Science Research Group, with professionally
competent and independent experts who would act as an “information bank” for the court and

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government departments and could generate correct and unbiased information. Going a step
forward and urging the Government of India to establish Environment Courts, the apex court
said in [M.C. Mehta Vs. Union of India („Shriram Gas Leak Case‟)4: “Since cases involving
issues of environmental pollution, ecological destruction and conflicts over natural resources are
increasingly coming up for adjudication and these cases involve assessment and evaluation of
scientific and technical data, it might be desirable to set up Environment and these cases
involve assessment and evaluation of scientific and technical data, it might be desirable to set
up Environment Courts on the regional basis with one professional judge and two experts drawn
from the Ecological Science Research Group keeping in view the nature of the case and the
expertise required for its adjudication. There would be of course a right of appeal to the
Supreme Court from the decision of the environment court.”
4 [AIR 1987 SC 965] 5 (AIR 1996 SC2715) 6 (1996) 5 SCC 281
A.P. Pollution Control Board v. M.V. Nayudu8 The Supreme Court in this case again
expressed the need for the establishment of environmental courts consisting of judicial and
scientific expertise. It suggested amendments in environmental statutes to ensure that in all
environmental courts, tribunals and appellate authorities, there is always a judge of the rank of a
High Court judge-sitting or retired- and scientist or group of scientists so as to help a proper and
fair adjudication of environmental –related disputes. The Court felt that the practice adopted by
the higher courts thus far resolving dispute matters through help of commission may not be
sustainable over a long term. The court observed: “Of paramount importance in the
establishment of environmental courts, authorities and tribunals is the need for providing
adequate judicial and scientific input rather than leave complicated disputes regarding
environmental pollution to officers drawn only from the executive.”
8 (AIR 1999 SC 812)
It held: Environmental concerns arising in the Supreme Court or in the High Courts are of equal
importance as the human rights concerns. The apex court felt an immediate need that in all
States and Union Territories, the appellate authorities under the Water Act, 1974 and The Air
Act, 1981 or other rules, there is always a judge of High Court and a scientist or group of
scientists to help in the adjudication of environment-related disputes. The court pointed out the
need of amending notifications under these Acts as well as notification under Rule 12 of the
Hazardous Wastes (Management and Handling) Rules, 1989. The National Environmental
Appellate Authority Act, 1997 comes very close to the ideals set by Supreme Court. The
Authority, being combination of judicial and technical inputs, possess expertise to give adequate

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help to the Supreme Court and High Courts to arrive at decisions in environmental matters. The
court in above case referred the issue of determination of the hazardous nature of the
respondent industry to the Appellate Authority.
Judicial Observations Case study
In M.C. Mehta (Badkhal & Surajkund Lakes Matter) v. UOI17, the banning of construction
activities within the radius of 1 km form the tourist resorts of Badkhal Lake and Surajkund only in
the State of Haryana was questioned as being arbitrary and discriminatory. The Supreme Court
held: The “Precautionary principle” has been accepted as a part of the law of the land. The
principle makes it mandatory for the State Govt. to anticipate, prevent and attack the causes of
environment degradation. In order to protect the two lakes from environmental degradation it is
necessary to limit the construction activity in the close vicinity of the lakes.
17 (1997) 3 SCC 715 The judgments of the Supreme Court in Vellore case and A.P. Pollution
Control Board case have significant impact on the specialized environmental legislations in
India. The judgments are a pointer for Pollution Control Board to grant consent for setting up
industrial unit on the basis of precautionary principle. The precautionary principle underlines the
provisions of environmental legislations which related to grant of consent by the Pollution
Control Board to the setting up of industrial units.
In Narmada Bachao Andolan v. Union of India18, however, the apex court made crucial
distinction between ecological principles in pollution cases and in natural resource conflicts. In
pollution cases, the court has upheld the precautionary principle and the polluter pays principle.
Both these progressive pieces of law seem to be off bounds for the Narmada case. The court
noted the “it was the inadequacies of science that has led to the precautionary principle where
the burden of proof is placed on those who wish to change the status quo.” The precautionary
principle is particularly applied to cases of irreversible harm such as the extinction of a species
of widespread toxic pollution. But in the Narmada hydroelectric project case, the court felt that
there is no question of uncertainty, risk or irreversibility. The court argued that where the effect
is known and imitative steps can be taken the polluter pays principles was inapplicable. It adds
“merely because there will be change is no reason to presume that there will be ecological
disaster.” The court believed that Narmada is not a case where effects are unknown and
knowledge uncertain. 18 (2000) 10 SCC 664
The stand taken by the Supreme Court in Narmada case, seems to dilute the importance of
precautionary principle in relation to environmental protection and the concerned approached
displayed by it in A.P. Pollution Control Board Case wherein it observed that precautionary

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duties must not only be triggered by the suspicion of concrete danger but also by (justified)
concern or risk potential. The court ignored one of the „real‟ concerns in the Narmada Case,
Viz., submergence of forests and loss of biodiversity in the region by the Narmada dam. It failed
to appreciate the fact that the impact of massive deforestation could not be overcome by the
complex artificial measures (e.g. compensatory afforestation, shifting of wildlife of adjoining
forests) as envisaged by the Government.
CONCLUSION
Much is being done to control, monitor and rectify damage done by pollutants. The problems
are diverse and some are only being recognized but it is important to keep a close control over
pollutants so that we can maintain the environment in an acceptable condition for future
generations.It appears that polluted environment is global an issue and world community would
bear worst results more as they already faced. As effective response citizen of the world & d
community of human beings pollution control program evolves as a worldwide problem
Education, research, and advocacy, are lacking in the region as preventive strategy for
pollution International Refereed (Fitzgerald, 1998) especially in Asia. At present the adoption of
environmental auditing in any economic sector is voluntary but future legislation could well make
it mandatory and still time available to use technology and information for environmental health
decision.
All over the world, climate change, environmental destruction, financial crises, and the
widening gap between rich and poor are spreading insecurity and fear. Common sense
suggests that these challenges are too big for one country to handle alone and too structural in
nature to ignore where our expertise needs an update. We are the first generations whose
decisions will determine for good or ill the future of human life on this planet, and we seem stuck
in a way of thinking that is obsolete in a globalized world of growing populations. We remain
mired in institutional stalemates that inhibit farsighted action, and are trapped by the fear of
losing individual material wealth, a fear that jeopardizes any spirit of common action.
Policymakers in developing countries need to design programs, set standards, and take action
to mitigate adverse health effects of air pollution. Healthy people mean human resources are
the main object of any successful business or country. These societal beneficial efforts need to
carefully adapt available knowledge from other settings, keeping in mind the differences in
pollutant mixtures, concentration levels, exposure patterns, and various underlying population
characteristics.

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We need to immediate action in terms of environment as the future of the world is in dark. We
as an individual are facing stress related disorders, health disorders, uneven situations, climatic
change, global warming, the quality of life is being altered by medicines not by environment,
acute shortage of fresh air and over a period of time the quality will be reduced further, the
foods quality as dropped, and more infants are born with breath taking diseases. The society
has been changes from lavish green surroundings’ to the cemented societies. Action is a need
for everything and every individual 2 succeed without a world to live what will our so called
management degrees will do we should do for the family of ours & others & make the world a
beautiful place to live in.