“ENVIRONMENT POLLUTION AND CONSTRUCTION PROVISIONS”

 

AUTHORED BY - DR. USHA PALHOEYA (Assi. Professor. S V I L Indore.)

 

 

Abstracts

Although the control of climate depends on many factors, but the amount of carbon dioxide and other gases in the atmosphere, which are also called greenhouse gases, also plays an important role in determining the earth's climate. The earth continuously receives energy from the sun. This energy is very necessary for life on earth, but it is also very important for this energy to go back from the earth, otherwise the temperature of the earth will increase so much that the earth will not be habitable. The presence of greenhouse gases to some extent hinders the return of the energy that has come to the earth. This is the process in which the amount of energy that comes does not go back and the stagnant atmosphere of that earth keeps increasing. The temperature of the earth becomes hot. This is called the greenhouse effect.     Nature of environment Conservation of environment Environment is a precious gift of nature It has two regions, one is called biosphere and the other is called ecological sphere The sphere was a layer spread all around the earth. 

 

“environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

“environmental pollution” means the presence in the environment of any environmental pollutant; environments has experienced fundament -tall alterations as a result of the rapid advances in engineering and industry. Stockholm was the first world conference to make the environment a major issue. The participants adopted a series of principles for sound management of the environment including the Stockholm Declaration and Action Plan for the Human Environment and several resolutions.

 

The Stockholm Declaration, which contained 26 principles, placed environmental issues at the forefront of international concerns and marked the start of a dialogue between industrialized and developing countries on the link between economic growth, the pollution of the air, water, and oceans and the well-being of people around the world.

 

Ozone Layer Depletion and Global Warming: The atmosphere has a layer that shields the planet from dangerous ultraviolet (UV rays) radiation. Between 97% and 99% of the sun’s dangerous UV radiation can be absorbed by the ozone layer. The excessive emission of chlorine and bromine from man-made substances like CFCs is the primary contributor to the ozone layer’s depletion. Chlorofluorocarbons (CFCs), halons, methyl chloroform (CH3CL3), carbon tetrachloride i.e., CCL4, hydrochlorofluorocarbons (HCFCs), and methyl bromide all contribute to the ozone layer’s depletion.[1]The long-term implications of global warming include the melting of glaciers, climatic changes, sickness, and an increase in the frequency of storms. Water: Given our reliance on water and how important it is to our relationship with the environment, water pollution is undoubtedly a major concern. The destruction of our water resources kills both people and marine life, and it puts an enormous financial burden on businesses and governments. We are endangering the most priceless resource our world has to offer through oil spills, deadly chemical leaks, and an abundance of plastic waste entering our waterways. Education is the answer to this point This research paper also explained how the environment provision has been explained and implemented in the Fundamental Rights, Fundamental Duties and Directive Principles in the Indian Constitution.

 

Keywords: Directives Principles Fundamental Rights Environment Pollution, water pollutions’ Greenhouse, Ozone Layer.

 

INTRODUCTION

Although I the control of climate depends on many factors, but the amount of carbon dioxide and other gases in the atmosphere, which are also called greenhouse gases, also plays an important role in determining the earth's climate. The earth continuously receives energy from the sun. This energy is very necessary for life on earth, but it is also very important for this energy to go back from the earth, otherwise the temperature of the earth will increase so much that the earth will not be habitable. The presence of greenhouse gases to some extent hinders the return of the energy that has come to the earth. This is the process in which the amount of energy that comes does not go back and the stagnant atmosphere of that earth keeps increasing. The temperature of the earth becomes hot. This is called the greenhouse effect. Nature of environment Conservation of environment Environment is a precious gift of nature It has two regions, one is called biosphere and the other is called ecological sphere The sphere was a layer spread all around the earth.         

                      

environment has experienced fundament -tall alterations as a result of the rapid advances in engineering and industry.

 

Ozone Layer Depletion and Global Warming: The atmosphere has a layer that shields the planet from dangerous ultraviolet (UV rays) radiation. Between 97% and 99% of the sun’s dangerous UV radiation can be absorbed by the ozone layer. The excessive emission of chlorine and bromine from man-made substances like CFCs is the primary contributor to the ozone layer’s depletion. Chlorofluorocarbons (CFCs), halons, methyl chloroform (CH3CL3), carbon tetrachloride i.e., CCL4, hydrochlorofluorocarbons (HCFCs), and methyl bromide all contribute to the ozone layer’s depletion.[2]The long-term implications of global warming include the melting of glaciers, climatic changes, sickness, and an increase in the frequency of storms.

 

Pollution: The majority of people are aware of what pollution is, but we are not yet prepared to deal with its severe repercussions. Pollution includes light, optical, point, and diffusion sources in addition to water, dust, and noise. Every sort of pollution is primarily the fault of people and their behaviour. The main sources of water pollution are marine pollutants, urban effluents, and petroleum springs. Industrial waste is the primary cause of soil and water contamination.

 

Water: Given our reliance on water and how important it is to our relationship with the environment, water pollution is undoubtedly a major concern. The destruction of our water resources kills both people and marine life, and it puts an enormous financial burden on businesses and governments. We are endangering the most priceless resource our world has to offer through oil spills, deadly chemical leaks, and an abundance of plastic waste entering our waterways. Education is the answer to this. We can work together to repair the harm caused by humans if we are aware of the causes and consequences of water contamination.[3]

 

Climate Change: Today, climate change is not just a natural phenomenon. The immediate repercussions of human behavior’s negative effects are to blame for these disturbances. [4]The greenhouse effect, urban heat islands, coal mining, and other negative effects of climate change are only a few. One of them is the melting of the polar ice caps, another is the rise of new diseases, and a third is the permanent suppression of a certain plant’s growth that is essential to human survival.[5] Environmental protection is necessary for the entire earth today. It is only through a healthy environment that we can control the rising temperature of the earth. The quality and protection of the environment is the need of the hour and it is a heritage for us and for the coming generations. 52 years ago on 5 June 1972, for the first time, environmental protection issues were discussed at the global level. World Environment Day is celebrated on the occasion of this conference, which we celebrate every year on 5 June. The preamble of the Indian constitution talks about social, economic and political justice. To achieve this objective, it was discussed in the Stockholm Conference to provide a clean and healthy environment to all citizens. This has been adopted in our constitution and has played an important role. In the 42nd Constitutional Amendment Act 1976, Article 48 (A) was added for environmental protection in the Indian constitution and emphasis was laid on environmental education. My research paper is also based on this environmental protection and the provisions related to the environment given in the constitution. Some conclusions have also been drawn on the basis of data obtained from the National Crime Records Bureau.                                                          

2.[6] Definitions.—In this Act  (a) “environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;

(b)[7] “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

(c)[8] “environmental pollution” means the presence in the environment of any environmental pollutant;

The first world conference on the environment [9]

The 1972 United Nations Conference on the Human Environment in Stockholm was the first world conference to make the environment a major issue. The participants adopted a series of principles for sound management of the environment including the Stockholm Declaration and Action Plan for the Human Environment and several resolutions.

 

The Stockholm Declaration, which contained 26 principles, placed environmental issues at the forefront of international concerns and marked the start of a dialogue between industrialized and developing countries on the link between economic growth, the pollution of the air, water, and oceans and the well-being of people around the world.  The Action Plan contained three main categories: a) Global Environmental Assessment Programme (watch plan); b) Environmental management activities; (c) International measures to support assessment and management activities carried out at the national and international levels. In addition, these categories were broken down into 109 recommendations. One of the major results of the   Stockholm conference was the creation of the United Nations Environment Programme.

 

Action plan on Human environments[10]

Stockholm was the first world conference to make the environment a major issue. The participants adopted a series of principles for sound management of the environment including the Stockholm Declaration and Action Plan for the Human Environment and several resolutions.

                                         

The Stockholm Declaration, which contained 26 principles, placed environmental issues at the forefront of international concerns and marked the start of a dialogue between industrialized and developing countries on the link between economic growth, the pollution of the air, water, and oceans and the well-being of people around the world.

 

The Action Plan contained three main categories: a) Global Environmental Assessment Programme (watch plan); b) Environmental management activities; (c) International measures to support assessment and management activities carried out at the national and international levels. In addition, these categories were broken down into 109 recommendations.[11]

 

Topic Indian Constitution and Environment

Relevant constitution provision

India, being a signatory to various international conversation and agreements relating to environmental convention and agreements relating to environmental issues, it is under an obligation to adopt them in its domestic laws. this I in accordance with the provision contained in articles 51 (C) of the construction which provide the “the stet shell endeavour to foster respects for international law and treaty obligation in the dealings of organized people with one another.”[12]

253[13] Legislation for giving effect to international agreements.—Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or Article  253 empowers the parliament to make any for the whole or any  part of the territory of India  for implementing any treaty, agreement or conversation with  any other  country or counties  or any decision made at any  international conference  association or other body.     

 

14. [14]Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

 

19.[15] Protection of certain rights regarding freedom of speech, etc.—(1) All citizens shall have the right—(g) to practise any profession, or to carry on any occupation, trade or business.

 

21.[16] Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 of the Constitution of India grants all persons the fundamental right to life and personal liberty. it provided that no person should be deprived of his   life or personal liberty except according to procedure established by law    the scope and ambit or right to life  and liberty has been explained considerably by judicial interpretation  and among other rights  it also includes rights to pollution free environment ,free drinking water ,preservation of eco-system.[17]environment  is  lovely Protection  of environment-As a directive principle of stet policy the directive principle contained in part IV of the constitution  are disc towards the  attainment  of social –economic  goals the welfare state . the frets three articles 36, 37 and 38 content the general principal which the state seeks to implement for attaining a socialistic pattern of society. The social –economic right which the state shall strive to secure to its peoples are enumerated under six sub- clauses of article 39.the next eleven articles I. e. articles 40 to 50 embody the principles of administrative policy which the union as well as the state governments are expected to hollowed, while article 51 outlines the international policy to be followed by the nation.[18]

 

48(A)[19] Protection and improvement of environment and safeguarding of forests and wild life.—The State shall endeavour to protect  and improve the environment and to safeguard the forests and wild life of the country.

 

51[20] Promotion of international peaceandsecurity.—The State shall endeavour to—(a) promote international peace and security;(b) maintain just and honourable relations between nations;(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and(d) encourage settlement of international disputes by arbitration.

 

FUNDAMENTAL DUTIES

51A. Fundamental duties.—It shall be the duty of every citizen of India —(a) to abide by the Constitution  and respect its ideals and institutions, the National Flag and national Anthem;(b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India;(d) to defend the country and render national service when called upon to do so;(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;(f) to value and preserve the rich heritage of our composite culture;(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;(I) to safeguard public property and to abjure violence;(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; [21](k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

 

TABLE 11.1

Environment Related Offences (State/UT-wise) - 2020-2022[22]

SL	State/UT	2020	2021	2022	Mid-Year Projected Population (in Lakhs)	Rate of Environment Offences (2022	Chargesheeti ng Rate (2022)
[1]	[2]	[3]	[4]	[5]	[6]	[7]	[8]
1	Andhra Pradesh	195	420	1294	530.3	2.4	97.8
2	Arunachal Prod	2	2	3	15.5	0.2	66.7
3	Assam	125	108	77	354.9	0.2	43.7
4	Bihar	73	56	78	1255.3	0.1	93.1
5	Chhattisgarh	85	51	87	299.5	0.3	100.0
6	Goa	1	2	7	15.7	0.4	13.3
7	Gujarat	57	46	45	709.3	3 0.1	100.0
8	Haryana	57	35	49	299.7	7 0.2	89.1
9	Himachal Pradesh	198	163	112	74.4	1.5	67.4
10	Jharkhand	178	272	96	391.4	0.2	89.1
11	Karnataka	413	324	343	674.1	1 0.5	95.1
12	Kerala	1795	2659	5262	356.8	14.7	99.9
13	Madhya Pradesh	114	59	79	858.9	0.1	98.3
14	Maharashtra	753	1094	2478	1257.4	2.0	98.8
15	Manipur	3	1	1	32.0	0.0	50.0
16	Meghalaya	112	7	39	33.3	1.2	30.8
17	Mizoram	0	0 3	0 3 6	12.3	0.5	100.0
18	Nagaland	3	0	1	22.2	0.0	100.0
19	Odisha	2	2	0	460.8 -	0.0	-
20	Punjab	72	50	60	306.0	0 0.2	88.9
21	Rajasthan	9543	9387	9529	804.4	11.8	99.8
22	Sikkim	1	1	0	6.8	0.0	-
23	Tamil Nadu	42756	46458	30870	767.1	40.2	96.9
24	Telangana	745	518	641	379.5	5 1.7	96.0
25	Tripura	3	3	1	41.2	0.0	0.0
26	Uttar Pradesh	2981	1573	1486	2340.9	0.6	96.2
27	Uttara hand	1271	912	58	115.6	0.5	61.7
28	West Bengal	89	88	66	87.6	6 0.1	80.5
	TOTAL STATE(S)	61627	64294	52768	13403.0	3.9	97.5
	UNION TERRITORIES:
29	A&N Islands	0	0	0	4.0	0	-
30	Chandigarh	0	0	0	12.2	02	-
31	D&N Haveli and Daman & Diu	00	00	00	12.0	00	-
32	Delhi	23	66	7	211.0	0.0	83.3
33	Jammu & Kashmir	62	85	30	135.4	0.2	57.4
34	Ladakhnu	0	0	1	3.0.	0.3	-
35	Lakshadweep	1	1	1	0.7	1.4	100.0
36	Puducherry	54	23	111	16.2	6.8	100.0
	TOTAL UT(S)	140	177	152	394.5	0.4	84.4
	TOTAL ALL INDIA	61767	64471	52920	61767	13797.5	3.8 97.5

 

 

 

JUDICIAL APPROACH FOR THE ENVIRONMENTAL

PROTECTION IN INDIA

The Supreme Court of India ruled in M.C. Mehta Union India[23] that Article 21 of the Constitution, which is a fundamental right under Part III of the Constitution, covers and protects the citizens’ health and their right to life, and that all buses running in Delhi must switch to C.N.G. fuel mode. As a result, it would supersede all statutory provisions, including the Motor Vehicles Act. In this decision, the court emphasised that the requirements of the Environment (Protection) Act, 1986 are in addition to those set forth in the Motor Vehicles Act and do not supersede them.

 

The Supreme Court of India ruled in the case of Murli S. Debora v. Union of India[24] that non-smokers only develop lung cancer or heart problems because they must enter public spaces. Without any legal procedure, it is indirectly taking his life. Smoking is harmful to health and can have an impact on smoker’s health, but there is no reason why passive smoker’s health should also be negatively impacted. The Court stated that there is no justification for making non-smokers and passive smokers into helpless victims of air pollution in any situation.

 

The supreme court mandated the closure of limestone quarries in the Dehra Dun-Missouri Region in Reteam Municipality v. Vardhichand[25].The court acknowledged that the closure of limestone quarries would put a strain on the economy, but it pointed out that this is the cost of defending the public’s right to live in a healthy environment with little disruption of the ecological balance, without avoidable risk to themselves and their cattle, homes, and agricultural land, and without excessive harm to the air, water, and environment.

 

In the case M.C. Mehta v. Kamal Nath[26] the petitioner argued that anyone who interferes with the ecological balance or the gifts of nature including rivers, woods, air, and water would be breaching a fundamental basic right protected by Article 21 of the Constitution. The Supreme Court agreed with the petitioner’s argument and decided that any disruption of the fundamental elements of the environment i.e., air, water, and soil that are required for “life” would be dangerous to “life” as defined by Article 21 of the Constitution. After its ruling that it was an article 21 violation, the court went on to note that the public trust doctrine and the polluter pays principle also apply in these situations.

 

In M.C. Mehta v. Union of India,[27]a suit was brought to stop the Taj Mahal from deteriorating because of pollution from coal-using establishments via trapezium. In response to violations of Articles 21, 48A, 51A, and 47 of the Constitution, the Apex Court issued directives to 292 industries in Agra to switch over to natural gas as their industrial fuel within a set time frame or cease operating with coal or coke and to petition for relocation or cease operations altogether.

 

The Supreme Court ruled in Corporation of Greater Mumbai v. Kohinoor CTNL Infrastructure Co. Pvt. Ltd[28] that the right to a clean, healthy environment is a component of Article 21-guaranteed right to life and personal liberty.

 

CONCLUSION

As a conclusion of this research article, we can say that environmental pollution is a major problem today. In this, the major environmental pollution is the improper dumping and recycling of e-waste, which is a major problem. The continuous damage to the ozone layer, the ever-increasing industries and the excessive use of plastic, all these problems are promoting our environmental pollution today. Efforts have also been made to stop them through the provisions given in the Constitution. The judiciary is also playing its role separately and many laws have been made for environmental protection, such as Environment Protection Law, Green Tribunal Act, etc. Many such environmental provisions have also been given by our Indian Panel Court, but even today we have failed to stop pollution on the environment. The main reason for this is our rapidly increasing population and urbanization and lack of modernization in industries and lack of trained workers and lack of awareness. The major reasons for environmental pollution have also been found. It was also found that according to the data of the Crime Record Bureau, in 2022 In 2023, the statistics of crimes against the environment are constantly increasing and every effort is being made to stop them but they can be stopped only through awareness.

 

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[1] Environmental Issues Earth is Facing in 2022, Eurovision, https://eagrovision.com/environmental-issues/

[2] Environmental Issues Earth is Facing in 2022, Eurovision, https://eagrovision.com/environmental-issues/

[3]https://www.envirotech-online.com/news/environmental-laboratory/7/international-environmental-technolo.

[4] Environmental Issues Earth, supra note 17, at 19.

[5] 9 Environmental Issues Earth, supra note 17, at 19.

[6] .ENVIRONMENTS (PERFECTION) ACt, 1986. § 2( a )ACT NO. 29 OF 1986.

[7]  ENVIRONMENTS (PERFECTION) ACt, 1986 § 2(b)ACT NO. 29 OF 1986

[8] ENVIRONMENTS (PERFECTION) ACt, 1986 § 2(c)ACT NO. 29 OF 1986.

[9] https://www.un.org/en/conferences/environment/stockholm1972

[10] https://www.un.org/en/conferences/environment/stockholm1972

[11] https://www.un.org/en/conferences/environment/stockholm1972

[12] Dr. Vinay N. Paranjape  , environmental  law 103(1st edition2016).

[13]NDIA CONST. Art. 253.

[14]NDIA CONST. Art. 14.

[15] NDIA CONST. Art. 19(A )g.

[16] NDIA CONST. Art. 21.

[17] SUCH AS RIGHT TO EDUCATION UNNIKRISHNAN VS STATE OF MADY PRADESH.

[18]DR.VINAY N. PARANJAPE, ENVIRONMENTAL LAW 110(1ST EDITION  2016)

[19] NDIA CONST. art. 48 A, AMENDED BY THE CONSTRUCTION (FORTY SECONDS AMENDMENT) ACT,1976.

[20] NDIA CONST. art. 51.

[21]NDIA CONST. art. 51A(k), amended by The Constitution (Eighty-sixth Amendment) Act, 2002.

[22] Crime Records Bureau Volume II 2022.

[23]  AIR 2001 SC 1948

[24] AIR 2002 SC 40.

[25] AIR 1980  SC 1622.

[26]AIR 2000 SC1997.

[27] AIR 1997 SC 734.

[28] (2014) 4 SCC 538.