ENVIRONMENTAL LAW

PROJECT ON

“GLOBAL ISSUES AND PROBLEMS:

KINDS & CAUSES OF POLLUTION”
SUBMITTED TO: SUBMITTED BY:
Ms. Komal Garg Vivek Garg

186/14, B.Com.LL.B.

VIII Semester, Sec- C.

UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY

CHANDIGARH
 ACKNOWLEDGEMENT

I want to thanks, first and foremost my teacher Ms. Komal

Garg for her guidance, support and help anytime when I required. I
thank her for such a co-operative nature.

Further, I want to thanks my friends who supported me &

helped me in making the things required accessible to me.

Vivek Garg

186/14, Semester VIII

B.Com.LL.B. Sec- C
GLOBAL ISSUES AND PROBLEM: KINDS
AND CAUSES OF POLLUTION
 INTRODUCTION

Environment is a difficult word to define. Its normal meaning relates to surroundings, but
obliviously that is a concept which is relatable to whatever object it is which is surrounded. Since
progress and pollution go together, there can be no end to progress and consequently, no escape
from pollution. If industry is necessary evil, pollution is the surest sufferance. ―Pollution‖ is
direct or indirect discharge by man of substance or energy into the aquatic environment resulting
in hazard to human health, harm to living resources and aquatic ecosystems, damage to amenities
on interference with other legitimate uses of water.

Protection of environment is a global issue and it is not isolated problem of any area or nation.
The problem of environmental pollution in an increasingly small world concerns all countries
irrespective of their size, level or development or technology. The problem of environment
pollution is not new in its origin. Industrialization , urbanization, population explosion, poverty,
depletion of traditional resource of energy and raw materials and the research for new sources of
energy and raw materials.

There is a close relationship which exists between a healthy environment and economic
condition of the community at large. The problem of environmental pollution is the problem of
both developed and under developed or poor nations. As far as developing nations are concerned,
―poverty and lack of development‖ constitute an essential element of the environmental problem.
The present century, particularly in the later half has seen a lot of growth and economic
development in almost all the countries. The methods of economic development, which mankind
has not followed, are also creating environmental problem.

In India, uncontrolled growth and consequent environmental deterioration are fast assuming
menacing proportions and all Indian cities and majority of population are afflicted with the
problem. Global warming, ozone depletion and toxic pollution are some of the negative effects
of existing development strategy. Today most of the rivers are polluted. Deforestation is
increasing at a very fast rate. Leakage of poisonous gases and other harmful gases, liquid and
solid wastes from the industries has almost become a regular phenomenon. Problem of noise
pollution, particularly in big cities is at an alarming stage. Land erosion through winds and water
has become the common feature.

 GLOBAL WARMING

Global warming and ozone layer depletion are two different problems. Global warming is caused
by the ―greenhouse effect,‖ which is essential to life as we know it on planet Earth.
Electromagnetic energy coming from the sun is absorbed by the Earth, which radiates some of
this energy outward as infrared energy (heat). Some of this infrared energy escapes into space,
but much of it is absorbed by ―greenhouse gases‖ in the lower atmosphere (the troposphere) and
is radiated back to the Earth as heat energy.

The greenhouse effect, then, is a warming of the Earth‘s surface that makes it hospitable to life.
Without the greenhouse effect, the surface of the Earth would be a frigid -100°F. Alternatively, a
―runaway‖ greenhouse effect, like that found on the planet Venus, would result in a surface
temperature of 900°F or more. Greenhouse gases, including water vapor (H2O), carbon dioxide
(CO2), methane (CH4), and nitrous oxide (N2O), are produced as part of the natural system (for
example, CO2 and H2O are by-products of respiration and combustion). These gases act much
like the glass roof of a greenhouse, letting sunlight through, but keeping heat locked in.

Since the Industrial Revolution, humans have developed technologies (for example, motor
vehicles) that produce large quantities of greenhouse gases. Also, humans have invented new
molecules that are greenhouse gases, for example, chlorofluorocarbons (CFCs) and some CFC-
substitutes that are used as coolants and solvents. Increased amounts of all types of man-made
greenhouse gases released into the atmosphere ―enhance‖ the greenhouse effect. The gas that is
most responsible for enhancing the greenhouse effect is CO2, because human activities create so
much of it and it has a long ―lifetime‖ in the atmosphere (meaning that molecules are present in
the air for a long time before being used by plants or being ―bound‖ or broken down in other
chemical events).

Over the past 300 years, atmospheric CO2 levels have increased by about 30%.1 Tree rings,
pieces of old coral, and cores taken from glaciers and from mud at the bottom of the ocean
provide scientists with samples of atmospheric changes that go back 150,000 years. This increase
in CO2 comes largely from the burning of fossil fuels (coal, oil, and natural gas) in automobiles
and electrical power plants. People burning tropical rainforests (biomass burning) to clear land
also contribute to the problem of too much atmospheric CO2. This practice is doubly destructive
because it also upsets the balance of the ―carbon cycle.‖ Living trees and other green plants play
a major role in taking carbon out of the atmosphere through photosynthesis, the process whereby
plants use energy from the sun to make food; photosynthesis utilizes carbon from CO2.
Accordingly, green plants are known as a carbon ―sink.‖ The oceans also are a carbon sink
because small plants—phytoplankton—in the water ―take up‖ great amounts of carbon from
atmospheric CO2.

 DEPLETION OF OZONE LAYER

An ozone molecule (O3) is composed of three atoms of oxygen. Ozone in the upper atmosphere
(the stratosphere) is referred to as the ―ozone layer‖ and protects life on Earth by absorbing most
of the ultraviolet (UV) radiation emitted by the sun. Exposure to too much UV radiation is linked
to skin cancer, cataracts, and depression of the immune system, and may reduce the productivity
of certain crops. Accordingly, stratospheric ozone is known as ―good ozone.‖ In contrast, human
industry creates ―ozone pollution‖ at the ground level. This ―bad ozone‖ is a principal
component of smog. The ozone layer is reduced when man-made CFC molecules (comprised of
chlorine, fluorine, and carbon) reach the stratosphere and are broken apart by short-wave energy
from the sun. Free chlorine atoms then break apart molecules of ozone, creating a hole in the

K. Taylor, “Rapid Climate Change,” American Scientist 87 (1999): 320-327.

1
ozone layer. The hole in the ozone layer over the Antarctic in 1998 was ―the largest observed
since annual holes first appeared in the late 1970s.‖2

CFCs were once used in aerosol sprays and as foam blowing agents. Their manufacture is now
banned by an international treaty, the Montreal Protocol, signed by 160 nations. But because
CFCs have a long atmospheric lifetime (about 50 years), those manufactured in the 1970s
continue to damage the ozone layer today. The amount of CFCs in the stratosphere is now
peaking. The good news is that scientists forecast that the ozone layer will return to its earlier,
stable size by the middle of the 21st century—assuming that nations continue to comply with the
treaty.

 Effects of Ozone Layer Depletion

It effects of the ozone layer depletion on the earth‘s environment and also on the plants and
animals. The depletion of ozone layer allows entering of UV rays from sun into the earth‘s
atmosphere which is associated with a number of health related and environmental issues. Let us
see its major impacts on human beings

A. Skin Cancer: exposure to UV rays from sun can lead to increased risk for developing of
several types of skin cancers. Malignant melanoma, basal and squamous cell carcinoma
are the most common cancers caused by exposure to UV rays.
B. Eye Damage: UV rays are harmful for our eyes too. Direct exposure to UV rays can lead
to Cataract problems, and also Photokeratitis or snow blindness.
C. Damage to Immune system: our immune system is also highly vulnerable to UV rays.
Increased exposure to UV rays can lead to weakening of the response of immune system
and even impairment of the immune system in extreme cases.
D. Aging of skin: exposure to UV rays can lead to acceleration of the aging process of your
skin. This will result in you looking older than what you actually are. It can also lead to
photo allergy that result in outbreak of rashes in fair skinned people

R. Kerr, “Deep Chill Triggers Record Ozone Hole,” Science 282 (1998): 391; M. Dameris, V. Grewe, R.
2

Hein, C. Schnadt, C. Bruhl, and B. Steil, “Assessment of the Future Development of the Ozone
Layer,” Geophysical Research Letters 25 (1998): 3579-3582.
 E. UV rays affect other life forms too. It adversely affects the different species of
amphibians and is one of the prime reasons for the declining numbers of the amphibian
species.
F. UV rays also have adverse effect on the marine ecosystem. It adversely affects the
planktons which plays a vital role in the food chain and oceanic carbon cycle. Affecting
phytoplankton will in turn affect the whole ocean ecosystem.
G. UV rays will also affect the plants. UV radiations can alter the time of flowering in some
plant species. It can also directly affect the plant growth by altering the physiological and
developmental processes of the plants.

 CONSTITUTIONAL PROVISIONS FOR THE PROTECTION OF

ENVIRONMENT

History of legislative started with Indian Penal Code, 1860. Section 268 defined what is public
nuisance. Abatement of public nuisance is also a subject of Section 133 to 144 of I.P.C. These
are only prohibitive provisions. Sections 269 to 278 of the Indian Penal Code are penal
provisions which means that a person guilty of violating any of the provisions is liable to
prosecution and punishment. The Environment (Protection) Act, 1986 is one major Act for
environmental protection. The Government of India has launched various programmes and made
use of audiovisual media to educate the people and arouse their consciousness for the protection
of environment.

The Indian Constitution contains specific provisions for environment protection under the
chapters of Directive Principles of State Policy and Fundamental Duties. The absence of a
specific provision in the Constitution recognizing the fundamental right to clean and wholesome
environment has been set off by judicial activism in recent times.

Articles 48-A and 51-A. Clause (g): Initially, the Constitution of India had no direct provision
for environmental protection. Global consciousness for the protection of environment in the
seventies, Stockholm Conference and increasing awareness of the environmental crisis prompted
the Indian Government to enact 42nd Amendment to the Constitution in 1976. The Constitution
was amended to introduce direct provisions for protection of environment. This 42nd
Amendment added Article 48-A to the Directive Principles of State Policy.

Article49-A: The Article states: ―The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country.‖ The said amendment
imposed a responsibility on every citizen in the form of Fundamental Duty.

Article 51-A (g) which deals with Fundamental Duties of the citizens states: ―It shall be the duty
of every citizen of India to protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures.‖ Thus, protection and
improvement of natural environment is the duty of the State (Article 48-A) and every citizen
(Article 51- A (g)).

Article 253: Article 253 states that ‗Parliament has power to make any law for the whole or any
part of the country for implementing any treaty, agreement or convention with any other country.
In simple words this Article suggests that in the wake of Stockholm Conference of 1972,
Parliament has the power to legislate on all matters linked to the preservation of natural
environment. Parliament‘s use of Article 253 to enact Air Act and Environment Act confirms
this view. These Acts were enacted to implement the decisions reached at Stockholm
Conference.

KAMAL NATH CASE: In the State of Himachal Pradesh, Span motel, owned by the family
members of Shri Kamal Nath, Minister for Environment and Forests, Govt. of India diverted the
Course of river Beas to beautify the motel and also encroached upon some forest land. The apex
court ordered the management of the Span motel to hand over forest land to the Govt. of
Himachal Pradesh and remove all sorts of encroachments. The Court delivered a land mark
judgment and established principle of exemplary damages for the first time in India. The Court
said that polluter must pay to reverse the damage caused by his act and imposed a fine of Rs Ten
Lakhs (Rs 10,00,000) on the Span motel as exemplary damages. The Supreme Court of India
recognized Polluter Pays Principle and Public Trust Doctrine.
In Kendra v State of UP,3 also known as the Dehradun quarrying case, the Supreme Court of
India has held that pollution caused by quarries adversely affects the health and safety of people
and hence, the same should be stopped as being violative of Article 21.In this case, the Supreme
Court for the first time held that the right to wholesome environment is a part of right to life and
personal liberty guaranteed under Article 21 of the Constitution.

In Ram Lal v. Mustafabad Oil and Cotton Ginning Factory,4 Punjab and Haryana High Court
rightly observed as follows:

Once a noise is considered to be a nuisance of the requisite degree it is no defense to contend that
it was in consequence of a lawful business or arose from lawful amusements or from places of
religious worships.5

 WATER POLLUTION

Water pollution is the contamination of water bodies

(e.g. lakes, rivers, oceans, aquifers and groundwater), usually as a result of human activities.
Water pollution is one of many types of pollution which results from contaminants being
introduced into the natural environment. Pollution causes adverse change. Water pollution is
often caused by the discharge of inadequately treated wastewater into natural bodies of water.
This can lead to environmental degradation of aquatic ecosystems. In turn, this can lead to public
health problems. For example, people living downstream may use the same polluted river water
for drinking or bathing or irrigation.

Water pollution affects the entire biosphere of plants and organisms living in these water bodies,
as well as organisms and plants that might be exposed to the water. The effect can be damaging
not only to individual species, but also to the natural biological communities. Water pollution

1989 AIR 594 1989 SCC Supl. (1) 537 JT 1988 (4) 710 1988 SCALE (2)1574
3
4
AIR 1968 P&H 399.
5
Chiranji lal v. Ladli Prasad, AIR 1960 632.
 can be grouped into surface water pollution and groundwater pollution
. Nutrient pollution is a form of water pollution caused by nutrients and can affect surface water
and groundwater.

The sources of water pollution can be grouped in point sources and non-point sources (diffuse
sources). Contaminants leading to water pollution include a wide spectrum
of chemicals, pathogens, and physical changes such as elevated temperature.

 Causes of Water Pollution

 Sewage from domestic households, factories and commercial buildings Sewage that is treated
in water treatment plants is often disposed into the sea. Sewage can be more problematic when
people flush chemicals and pharmaceutical substances down the toilet.
 Dumping solid wastes and littering by humans in rivers, lakes and oceans. Littering items
include cardboard, Styrofoam, aluminum, plastic and glass.
 Industrial waste from factories, which use freshwater to carry waste from the plant into rivers,
contaminates waters with pollutants such as asbestos, lead, mercury and petrochemicals.
 Oil Pollution caused by oil spills from tankers and oil from ship travel. Oil does not dissolve in
water and forms a thick sludge.
 Burning fossil fuels into the air causes the formation of acidic particles in the atmosphere. When
these particles mix with water vapor, the result is acid rain.
 An increase in water temperature is caused by global warming and thermal plants that use lakes
and rivers to cool down mechanical equipment.

 Effects of Water Pollution

 Groundwater contamination from pesticides causes reproductive damage within wildlife in

ecosystems.
 Sewage, fertilizer, and agricultural run-off contain organic materials that when discharged into
waters, increase the growth of algae, which causes the depletion of oxygen. The low oxygen
 levels are not able to support most indigenous organisms in the area and therefore upset the
natural ecological balance in rivers and lakes.
 Swimming in and drinking contaminated water causes skin rashes and health problems like
cancer, reproductive problems, typhoid fever and stomach sickness in humans. Which is why
it‘s very important to make sure that your water is clean and safe to drink.
 Industrial chemicals and agricultural pesticides that end up in aquatic environments can
accumulate in fish that are later eaten by humans. Fish are easily poisoned with metals that are
also later consumed by humans. Mercury is particularly poisonous to small children and
women. Mercury has been found to interfere with the development of the nervous system in
fetuses and young children.
 Ecosystems are destroyed by the rising temperature in the water, as coral reefs are affected by
the bleaching effect due to warmer temperatures. Human-produced litter of items such as plastic
bags and 6-pack rings can get aquatic animals caught and killed from suffocation.
 Water pollution causes flooding due to the accumulation of solid waste and soil erosion in
streams and rivers.
 Oil spills in the water causes animal to die when they ingest it or encounter it. Oil does not
dissolve in water so it causes suffocation in fish and birds.

 Laws existing in India to prevent and control water pollution

The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the
prevention and control of water pollution, and for the maintaining or restoring of wholesomeness
of water in the country. The Act was amended in 1988. The Water (Prevention and Control of
Pollution) Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water
consumed by persons operating and carrying on certain types of industrial activities. This cess is
collected with a view to augment the resources of the Central Board and the State Boards for the
prevention and control of water pollution constituted under the Water (Prevention and Control of
Pollution) Act, 1974. The Act was last amended in 2003.
  The Water Prevention and Control of Pollution Cess Act, 2003

Industrial waste is one of the causes of the of water pollution. Often the waste from the industries
is being disposed of into the rivers which pollute the river to a significant extent. According
to Section 2 of this Act, industries include any operation or process or sewage or disposal
treatment or any industrial effluent. Section 3 of this Act provides an exemption to industries
from levying cess on those industries, which consume water below the specified limit. Water
gets polluted through the toxic or non-biodegradable substances when the processing of these
materials is being done in any industry, and such industries are required to pay cess under this
law.

 Water Prevention and Control of Pollution Act, 1974

The prime object of this Act is to provide for the prevention of water pollution and cater to the
maintenance of the water bodies and carry out activities to promote restoration of water. With the
objective of giving practical implementation to this Act,6 the Central Pollution Control Board
and the State Pollution Control Board have been established by the central and state authorities.
The Central Pollution Control Board is to promote the cleanliness of streams and wells in
different areas of the state. The Central Pollution Control Board has the power to advise the
central government on various matters, which are concerned with the prevention and control of
pollution of water. Under the Act mentioned above, the board has the power to encourage and
conduct research and investigation with a view of promoting, the prevention of contamination of
water in a significant manner.

 Section 277 of the IPC provides for the punishment to be given to the person who
commits an offence of fouling of a public reservoir or a public spring voluntarily shall be
liable to be punished with imprisonment of three months or with a fine of 500 Rupees or
with both.

6
“www.environmental laws of India/Water Act”
  Under the Indian Constitution, the judiciary has given a liberal interpretation to Article
21 of the Constitution of India and included the right to clean water and environment
under the ambit of Article 21, Article 48, Article51(g) of the Constitution of India.
Various judicial decisions throughout the history of Fundamental Rights have paved a
way to the broad concept of Right to Life. The judiciary had propounded that the Right to
clean water comes under the ambit of the right to life and hence the scope of Article 21,
Article 48 and Article 51(g) can include the right to clean water.

In the case of Narmada Bachao Andolan v. The Union of India,7 the Supreme Court, held that
the right to clean water is a fundamental right under Article 21 of the Indian Constitution. The
court had observed that right to clean water is a part of the basic necessity of the human‘s right to
life. The state is duty bound to prevent the water from getting polluted. In the leading case of MC
Mehta vs. The Union of India,8 the court held that the preventing the water of river Ganga from
being polluted is the need of the hour.

 AIR POLLUTION

Air pollution occurs when harmful or excessive quantities of substances including

gases, particulates, and biological molecules are introduced into Earth's atmosphere. It may cause
diseases, allergies and also death of humans; it may also cause harm to other living organisms
such as animals and food crops, and may damage the natural or built environment. Human
activity and natural processes can both generate air pollution.
Indoor air pollution and poor urban air quality are listed as two of the world's
worst toxic pollution problems in the 2008.
Air pollution can further be classified into two sections- Visible air pollution and invisible air
pollution. Another way of looking at Air pollution could be any substance that holds the potential

7
Writ Petition (civil) 328 of 2002

1988 AIR 1115; 1988 SCR (2) 530; 1988 SCC (1) 471; JT 1988 (1) 69
8
to hinder the atmosphere or the well being of the living beings surviving in it. The sustainment of
all things living is due to a combination of gases that collectively form the atmosphere; the
imbalance caused by the increase or decrease of the percentage of these gases can be harmful for
survival.

In order to understand the causes of Air pollution, several divisions can be made. Primarily air
pollutants can be caused by primary sources or secondary sources. The pollutants that are a
direct result of the process can be called primary pollutants. A classic example of a primary
pollutant would be the sulfur-dioxide emitted from factories

Secondary pollutants are the ones that are caused by the inter mingling and reactions of primary
pollutants. Smog created by the interactions of several primary pollutants is known to be as
secondary pollutant.

In India air pollution is a serious issue with the major sources being fuel wood and biomass
burning, fuel adulteration, vehicle emission and traffic congestion.9 In autumn and winter
months, large scale crop residue burning in agriculture fields – a low cost alternative to
mechanical tilling – is a major source of smoke, smog and particulate pollution. India has a low
per capita emissions of greenhouse gases but the country as a whole is the third largest after
China and the United States.

 Causes of Air pollution

1. Burning of Fossil Fuels: Sulfur dioxide emitted from the combustion of fossil fuels like coal,
petroleum and other factory combustibles is one the major cause of air pollution. Pollution
emitting from vehicles But, there overuse is killing our environment as dangerous gases are
polluting the environment. Carbon Monoxide caused by improper or incomplete combustion and
generally emitted from vehicles is another major pollutant along with Nitrogen Oxides, that is
produced from both natural and manmade processes.

Urban Air Pollution, Catching gasoline ad diesel adulteration" (PDF). The World Bank. 2002
9
2. Agricultural activities: Ammonia is a very common by product from agriculture related
activities and is one of the most hazardous gases in the atmosphere. Use of insecticides,
pesticides and fertilizers in agricultural activities has grown quite a lot. They emit harmful
chemicals into the air and can also cause water pollution.

3. Exhaust from factories and industries: Manufacturing industries release large amount of
carbon monoxide, hydrocarbons, organic compounds, and chemicals into the air thereby
depleting the quality of air. Manufacturing industries can be found at every corner of the earth
and there is no area that has not been affected by it. Petroleum refineries also release
hydrocarbons and various other chemicals that pollute the air and also cause land pollution.

4. Mining operations: Mining is a process wherein minerals below the earth are extracted using
large equipments. During the process dust and chemicals are released in the air causing massive
air pollution. This is one of the reason which is responsible for the deteriorating health conditions
of workers and nearby residents.

5. Indoor air pollution: Household cleaning products, painting supplies emit toxic chemicals in
the air and cause air pollution. Have you ever noticed that once you paint walls of your house, it
creates some sort of smell which makes it literally impossible for you to breathe.

Suspended particulate matter popular by its acronym SPM, is another cause of pollution.
Referring to the particles afloat in the air, SPM is usually caused by dust, combustion etc.

 Effects of Air pollution

1. Respiratory and heart problems: The effects of Air pollution are alarming. They are known
to create several respiratory and heart conditions along with Cancer, among other threats to the
body. Several millions are known to have died due to direct or indirect effects of Air pollution.
Children in areas exposed to air pollutants are said to commonly suffer from pneumonia and
asthma.
2. Global warming: Another direct effect is the immediate alterations that the world is
witnessing due to Global warming. With increased temperatures world wide, increase in sea
levels and melting of ice from colder regions and icebergs, displacement and loss of habitat have
already signaled an impending disaster if actions for preservation and normalization aren‘t
undertaken soon.

3. Acid Rain: Harmful gases like nitrogen oxides and sulfur oxides are released into the
atmosphere during the burning of fossil fuels. When it rains, the water droplets combines with
these air pollutants, becomes acidic and then falls on the ground in the form of acid rain. Acid
rain can cause great damage to human, animals and crops.

4. Eutrophication: Eutrophication is a condition where high amount of nitrogen present in some

pollutants gets developed on sea‘s surface and turns itself into algae and and adversely affect
fish, plants and animal species. The green colored algae that is present on lakes and ponds is due
to presence of this chemical only.

5. Effect on Wildlife: Just like humans, animals also face some devastating affects of air
pollution. Toxic chemicals present in the air can force wildlife species to move to new place and
change their habitat. The toxic pollutants deposit over the surface of the water and can also affect
sea animals.

6. Depletion of Ozone layer: Ozone exists in earth‘s stratosphere and is responsible for
protecting humans from harmful ultraviolet (UV) rays. Earth‘s ozone layer is depleting due to
the presence of chlorofluorocarbons, hydro chlorofluorocarbons in the atmosphere. As ozone
layer will go thin, it will emit harmful rays back on earth and can cause skin and eye related
problems. UV rays also have the capability to affect crops.

Air Quality Index is one of the most common term used for checking air pollution. It‘s a
number defined by governments depending on the quality of air found in the region. The air
quality is dependent on the quantity of few of the gases and components found in the air that
includes Co2, S02, No2, Particulate Matter, Dust and suspended particles. The data also depends
on the number of components one is including in the air quality measurement. A colour-
indicated list is created that helps in estimating the level of the air quality.

In India, air is measured under the National Air Quality Monitoring Program (NAMP) that has
installed 683 operating stations across 300 cities in 29 states and 6 union territories across India.
The Indian government has included four major air pollutants in measuring the air quality,
that includes Sulphur Dioxide (SO2), Oxides of Nitrogen as NO2, Respirable Suspended
Particulate Matter (RSPM / PM10) and Fine Particulate Matter (PM2.5).

The Central Pollution Control Board (CPCB) under the Ministry of Environment, Forest and
Climate Change monitors the current time data and displays it on its website. The average
amount of various components in the air are categorised under industrial, rural, residential and
other and ecologically sensitive areas. An area crossing limit of the listed amount of components
is an indication of increase in the pollution in the particular area.

An average of 80 µg/m³ of SO2 and NO2, 100 µg/m³ of Particulate Matter (size less than 10 µg)
and 60 µg/m³ of Particulate Matter (size less than 2.5 µg) is permissible and considered
‘satisfactory’ in Industrial, Residential and rural areas in India during an average day.

 Laws existing in India to prevent and control air pollution

Environment is directly related with article 21 of Constitution of India which deals with right to
life of individual. The two main laws that regulate air pollution in India: The Air (Prevention
and Control of Pollution) Act, 1981 (Air Act) and Environment (Protection) Act, 1986 (EPA).

 Air (Prevention and Control of Pollution) Act, 1981

The objective of the Air Act 1981 is to preserve the quality of air and control of air pollution.
Chapter 3 of this act deals with powers and functions of boards. There are two boards namely
Central Board and State Boards. Some of their important functions are to improve the quality of
air and to prevent, control or abate air pollution in the country, to advise the Government on any
matter concerning the improvement of the quality of air and the prevention, control or abatement
of air pollution, to plan and executed a program for the prevention, control or abatement of air
pollution, to collect, compile and publish technical and statistical data relating to air pollution
and the measures devised for its effective prevention, control or abatement and prepare manuals,
codes or guides relating to prevention, control or abatement of air pollution, to lay down
standards for the quality of air, to inspect, at all reasonable times, any control equipment,
industrial plant or manufacturing process and to give, by order, such directions to such persons
as it may consider necessary to take steps for the prevention, control or abatement of air
pollution, to inspect air pollution control areas at such intervals as it may think necessary

The Central Board and State Board work in collaboration of each other. The Central works
throughout the nation whereas State Boards work within its state.Likewise, chapter four states
about the prevention and control of air pollution. State Government after consultation with State
Board can declare any area or areas within the State as air pollution control area or areas for the
purposes of this Act, can alter any air pollution control area whether by way of extension or
reduction, can declare a new air pollution control area in which may be merged one or more
existing air pollution control areas or any part or parts thereof.

 Environment Protection Act, 1986

The Environment Protection Act came in 1986. Similarly, The Air (Prevention and Control of
Pollution) Act came before this act in 1981. The objective of this act is to take appropriate steps
for the protection and improvement of environment and prevention of hazards to human beings,
other living creatures, plants and properties. This act has defined ―environment pollution‖ as the
presence of any environmental pollutant in the environment and ―environment pollutant‖ as any
solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious
to environment. Chapter two deals with general power of Central government. They shall have
power to take all such steps it thinks necessary for the preserving and improving the quality of
the environment and preventing and controlling environmental pollution, to prohibit and restrict
on the handling of hazardous substance in different areas, to prohibit and restrict on the location
of industries and the carrying on of the process and operations in different areas, to carry out and
sponsor investigations and research relating to problems of environmental pollution, to safeguard
for the prevention of accidents which may cause environmental pollution and for providing for
re-medical measures for such accidents etc.

Besides, third chapter talks about the ways of prevention, control and abatement environmental
control. It prohibits any person to carry on any industry operation or process shall discharge or
emit or permit to be discharged or emitted any environmental pollutant in excess of such
standards as may be prescribed and to handle or cause to be handled any hazardous substance
expert in accordance with such procedure and after complying with such safeguards may be
prescribed.

Whoever fails to comply or contravenes will be punished with five years imprisonment or with
fine which may extend to one lakh rupees, or both, and in the case of failure or if contravention
continues, with additional fine which may extend to five thousand rupees for every day during
which such failure or contravention continues after the conviction for the first such failure or
contravention. Finally, if it continues more than a year from the date of conviction shall be
punishable with imprisonment for the term which may extend to seven years.

In MC Mehta ( Taj Trapezium Matter) V. Union of India,10 Huge numbers of industries were
around Taj Mahal. The main responsible factors for polluting the ambient air around Taj Mahal
are industrial/refinery emissions, brick-kilns, vehicular traffic and generator-sets. The petition
states that the color of marble has converted from whitish to yellowish and blackish. Taj Mahal,
which is one of the world heritage sites as declared by UNESCO, has been source of revenue to
the country because it has capacity to attract tourist throughout the world. The court was of the
view that The Taj Mahal is a masterpiece and has international reputation. It is also an important

10
(1997) 2 SCC 353
source of revenue to the country because of the huge tourist attraction it commanded. The
industries were supposed to relocate far from Taj Trapezium.

Bhopal Disaster Case On December 3, 1984, the worst industrial accident in history occurred.
Around 40 tons of Methyl Isocyanate (MIC) gas mixed with other poisonous gasses from a
chemical plant which is owned and operated by Union Carbide (India) Limited. At least 3,800
people were killed and several were injured in this incident. This incident caused victims throats
and eyes to burn, induced nausea because the gases remained low to the ground. Those who were
exposed to such toxic gas gave birth to physically and mentally disabled baby even after 30
years.

The Union Carbide Corporation paid a sum of U.S. Dollars 470 millions for full settlement of all
claims, rights and liabilities related to and arising out of the Bhopal Gas disaster to the Union of
India. The principle of absolute liability was used by the Supreme Court made the Union Carbide
Corporation pay compensation.

 NOISE POLLUTION

Noise pollution takes place when there is either excessive amount of noise or an
unpleasant sound that causes temporary disruption in the natural balance. This definition
is usually applicable to sounds or noises that are unnatural in either their volume or their
production. Our environment is such that it has become difficult to escape noise. Even
electrical appliances at home have a constant hum or beeping sound. By and large, lack
of urban planning increases the exposure to unwanted sounds. This is why understanding
noise pollution is necessary to curb it in time.

 Causes of Noise Pollution

1. Industrialization: Industries use big machines which are capable of producing large amount
of noise. Apart from that, various equipments like compressors, generators, exhaust fans,
grinding mills also participate in producing big noise

2. Poor Urban Planning: In most of the developing countries, poor urban planning also plays a
vital role. Congested houses, large families sharing small space, fight over parking, frequent
fights over basic amenities leads to noise pollution which may disrupt the environment of
society.

3. Social Events: Noise is at its peak in most of the social events. Whether it is marriage, parties,
pub, disc or place of worship, people normally flout rules set by the local administration and
create nuisance in the area. People play songs on full volume and dance till midnight which
makes the condition of people living nearby pretty worse

4. Transportation: Large number of vehicles on roads, aeroplanes flying over houses,

underground trains produce heavy noise and people get it difficult to get accustomed to that.

5. Construction Activities: Under construction activities like mining, construction of bridges,

dams, buildings, stations, roads, flyovers take place in almost every part of the world. These
construction activities take place everyday as we need more buildings, bridges to accommodate
more people and to reduce traffic congestion. The down point is that these construction
equipments are too noisy.

6. Household Chores: Gadgets like TV, mobile , mixer grinder, pressure cooker, vacuum
cleaners , washing machine and dryer, cooler, air conditioners are minor contributors to the
amount of noise that is produced

 Effects of noise pollution

  Hypertension is, in this case, a direct result of noise pollution caused elevated
blood levels for a longer period of time.
 Hearing loss can be directly caused by noise pollution, whether listening to loud
music in your headphones or being exposed to loud drilling noises at work, heavy
air or land traffic, or separate incidents in which noise levels reach dangerous
intervals, such as around140 dB for adult or 120 dB for children.
 Sleep disturbances are usually caused by constant air or land traffic at night, and
they are a serious condition in that they can affect everyday performance and lead
to serious diseases.
 Child development. Children appear to be more sensitive to noise pollution, and a
number of noise-pollution-related diseases and dysfunctions are known to affect
children, from hearing impairment to psychological and physical effects.
 Various cardiovascular dysfunctions. Elevated blood pressure caused by noise
pollution, especially during the night, can lead to various cardiovascular diseases.
 Dementia isn‘t necessarily caused by noise pollution, but its onset can be favored
or compounded by noise pollution.
 Psychological dysfunctions and noise annoyance. Noise annoyance is, in fact, a
recognized name for an emotional reaction that can have an immediate impact.

 Laws existing in India to prevent and control noise pollution

The Indian Constitution of 1950 did not have any provisions directly dealing with environmental
pollution. But the 42nd Amendment of Constitution passed in 1996 inserted article 48-A and
Article 51-A to protect and improve the environment as has been discussed in Chapter II. So the
Constitution makes a dual provision by way of directives to the state for the protection and
improvement of the environment and imposing a duty on every citizen to help in the preservation
of the natural environment.
In Section 133, Code of Criminal Procedure the magistrate court have been empowered to
issue remove or abate nuisance caused by noise pollution u/s 133 empowers and executive
magistrate to interfere and remove a public nuances in the first instance with a conditional order
and then with a permanent one the provision can be utilized in case of nuance of environment
nature.

In Law of Torts noise pollution is considered as a civil wrong. Under Law of Torts a civil suit
can be filed claiming damages for the nuisance. For filing a suit under Law of Torts a plaintiff is
required to comply with some if the requirement of torts of nuisances which are interference
should be with the use and enjoyment of land. , there should be reasonable interference.

In a landmark judgement given by apex court in Mulan Mufti Syud and others V. State of West
Bengal,11, The court held imposition of restriction on the use of microphone and loudspeaker by
the state govt. between 9 pm to 7 am which inter alia include restriction of azan on microphone
in early hours, before 7 am is not violative of Article 25 of Constitution of India guarantying of
freedom of religion.

AIR 1999
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