Tag: The Water (Prevention and Control of Pollution) Act

Landmark Judgments which widened the scope of environmental law in India

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Introduction

Judiciary has always played a very important role in order to protect the environment1. There are a number of cases that have provided landmark judgment in the field of environmental law. The factor of protection of the environment has been mentioned in Article 48A of the Constitution of India as well2. Along with Article 48A, Article 51-A (g) also mentions that “it is the duty of every citizen to protect the natural environment”. These articles were added to the Constitution after the 42nd Amendment. There are a number of Acts and legislation that ensure the protection of the environment; for instance: “The Environment (Protection) Act, 1986”, “Water (Prevention and Control of Pollution) Act, 1974”, “The Wildlife Protection Act, 1972”, “The Indian Forest Act, 1927”, and a few more. Many of these acts have experienced amendments too3. The following chapter talks about a few cases that have provided landmark judgments that had widened the scope of environmental law in India.

Landmark judgments related to environmental law in India

In ancient India, the protection of forests and the natural environment was often linked to culture, folklores, etc. It is very well known that forests and wildlife hold an important place in Indian culture4. With increased globalization, humans started harming the environment for serving their own purposes. But these days, a lot of measures have been taken again in order the environment. Sustainable development is one such important measure.

  • “M.C. Mehta & Anr. Etc vs Union of India & Ors. Etc”5: This case came up with the concept of “public liability”. It is also called the “Oleum Leakage case”. This case also introduced the “Deep Pocket Principle”. The Court in this case held that no factory can carry out hazardous activities near any residential area. A new chapter was also introduced in the “Factory Act, 1948”. This was one of the most significant cases that introduced one of the main principles in the field of environmental law. This case happened after Oleum gas got leaked from a fertilizer plant. It was considered in this case that the Apex court not only is responsible to ensure the right to life under Article 21, but also to provide an eco – friendly, and pollution-free life.
  • “M. C. Mehta v. Union of India”6: This is also known as the “CNG Vehicle case”. This case was concerned regarding the air pollution levels in Delhi. A survey had been conducted and a staggering number of 10,000 people was found who die every year as a result of this air pollution in the capital city. The petitioner, M. C. Mehta, an environment activist filed a PIL in the Hon’ble Supreme Court against the Union of India in the year 1985. According to Mehta, the air pollution levels in the capital city have increased a lot. Finally, in the year 2002, it was held by the Apex court that CNG had to be provided to the transportation sector for usage. The main purpose of the court was to maintain a balance between the protection of the environment from degradation and the unhindered transportation system in the city. A lot of diesel buses were converted to buses that were run using CNG. There were some issues regarding the usage of CNG. CNG was quite environment–friendly, but it was not a pocket–friendly or easily available option, as compared to other alternatives. The court was concerned with the condition of the environment as well as the health of the people.
  • “Animal Welfare Board of India vs. A. Nagaraja and Ors.”7: This is an important case when it comes to the concept of animal welfare. Animal welfare is an important part of environmental protection. This case was surrounded around the sport of “Jallikattu”. It has been considered as a traditional sport where the “players” would have to claim a bundle of coins that is attached to the horn of a bull. The whole game and haphazard scenario would confuse the bull. Tackling a raging bull would bring “pride and masculinity” to the winner. This was later seen as cruel even for the bulls. It was considered that unnecessary pain was inflicted upon the poor animal. Hence, the Supreme Court decided to ban the sport but revered its decision stating that the sport would be allowed after maintaining certain protocols. Finally, in 2014, the Supreme Court had banned the sport once and for all. Sections 3 and 11 of the “Prevention of Cruelty to Animals Act, 1960” stated that it was illegal to inflict animal races. Traditions and cultural significance could also not justify such acts.

There are a lot of other cases too, that is very significant in the field of environmental law.

Conclusion

It has been concluded that there are already a number of legislations and Acts that provide laws to protect the environment. It is onto us to execute the laws now. It is high time that we take steps to provide safeguard to the environment. Due to misuse of the natural environment (both flora and fauna), lots of species of animals and plants (sharks, leopards, orangutans, Chile sandalwood8, woolly hawthorn, etc.) have become endangered or extinct too. Issues regarding environmental protection are not restricted to India, instead, it is a global issue. The cases mentioned in the previous chapter have allowed a better understanding of the legal stance of environmental protection in the Indian context.

References

  1. Sristi Raichandani, “15 Landmark Judgments on Environmental Protection”, [July 8, 2020], https://legaldesire.com/15-landmark-judgments-on-environmental-protection/.
  2. “Environment law in India – an overview”, https://www.cms-lawnow.com/ealerts/1999/11/environment-law-in-india-an-overview?cc_lang=en.
  3. Anupam Chakravartty, “Six environmental laws to be amended soon”, [April 7, 2015], https://www.downtoearth.org.in/news/governance/six-environmental-laws-to-be-amended-soon-49317.
  4. “Environmental Laws and Constitutional Provisions in India”, http://www.legalservicesindia.com/article/1926/Environmental-Laws-and-Constitutional-Provisions-In-India.html.
  5. M.C. Mehta & Anr. Etc vs Union of India & Ors. Etc, [AIR 1987 965].
  6. M. C. Mehta v. Union of India, [AIR 2002 SC 1696].
  7. Animal Welfare Board of India vs. A. Nagaraja and Ors., [2014 7 SCC 547].
  8. Adam Vaughan, “Humans have driven nearly 600 plant species to extinction since 1750s”, [June 10, 2019], https://www.newscientist.com/article/2205949-humans-have-driven-nearly-600-plant-species-to-extinction-since-1750s/#ixzz7FUUAQy00”.

This article is written by Aaratrika Bal student at National Law University Odisha.

All you need to know about The Water (Prevention and Control of Pollution) Act, 1974

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This article is written by Samridhi Sachdeva pursuing BBA LLB from Gitarattan International Business School, GGSIPU. This article talks about the prevention and control of water pollution and describes the functions of central and state boards of pollution control.

INTRODUCTION

The Water (Prevention and Control of Pollution) Act, 1974 was adopted to prevent and control the water pollution in India. It is a brief set of rules and duties for both the National and the State Board of the nation. It suggests some provisions regarding the control measures to prevent and control the water pollution caused by the industries and village areas. The main motive of this act is to restore the aquatic resources of the country. It gives power to the Central and the State Board to prevent the contamination of water by implementing the provisions mentioned under this Act by keeping checks on the State water bodies.

Objectives 

In our day-to-day lives, many such human activities are polluting the water bodies of the nation. Waste waters that enter the sea, rivers or lakes, contain a huge amount of pollutants, which makes the water bodies pollutant causing serious environmental hazards. Excessive organic matter, infecting organisms from industrial and hospital wastes, pollute water to a great extent.

This act aims to control the point source of water pollution. The main objective of this act is to maintain the water bodies in a healthy manner and to prevent any other serious hazards. 

However, preventing water pollution is way better than controlling the problems it has created. 

Relation with Indian Constitution

This Act applies to the whole of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura, West Bengal and Union Territories.

It was enacted in pursuance with the clause (1) of Article 252 of the Indian Constitution. According to this article, the Parliament does not have any power to make laws for the State with respect to matters mentioned above, except in articles 249 and 250 of the Indian Constitution.

Salient features of the Act

  1. It describes some important terms such as stream, outlet, sewer, pollution, etc.
  2. It established Central and State boards to control pollution under section 3 and 4. It also gives provisions regarding the joint board consisting of two or more states or union territories.
  3. The consent of the pollution control board(PCB) is required to open new outlets and discharges into streams and wells.
  4. The act also gives qualification, disqualification, terms and conditions of the service of members of the Central and State boards.
  5. It also prohibits the disposal of pollutants in streams and wells.
  6. It gives provisions to appeal against the Central and State board, if their decisions affect any individual.
  7. This act also gives punishment to the offences mentioned herein.

Composition of Central Board

The Central Board consist of the following key members:

  1. A chairman, having knowledge in matters related to environmental protection and experience in institutions like these and shall be appointed by the Central Government.
  2. A secretary, having knowledge and experience in scientific and management aspects of pollution control and shall be appointed by the Central Government.
  3. The Central Government shall also appoint not more than 5 members, to represent the Central Government.
  4. The Central Government shall also appoint not more than 5 members, from members of the State Board.
  5. The Central Government shall also appoint not more than 3 members, representing the agricultural, fishery, industry or any other interest.
  6. Two members representing the corporations owned or managed by the Central Government, shall be appointed by that Government.

Composition of State Board

The State Pollution Control Board consist of the following members:

  1. A chairman, having knowledge in matters related to environmental protection and experience in institutions like these, and shall be appointed by the State Government.
  2. A secretary, having knowledge and experience in scientific and management aspects of pollution control and shall be appointed by the State Government.
  3. The State Government shall also appoint not more than 5 members, representing the State Government.
  4. The State Government shall appoint not more than 5 members, from local authorities within the particular State.
  5. The State Government shall appoint not more than 3 members of interests in agriculture, fishery, industry or any other interest.
  6. Two members representing the Corporations owned or managed by the State Government, shall be appointed by that government.

Joint Pollution Control Board (JPCB)

In some cases, two or more States or Union Territories join together with an integrated mission to form Joint Board, termed as Joint Pollution Control Board. An official petition is required to submit to the Central Government, by Joint Board, to begin with any action.

Functions of the Central Pollution Control Board

  1. The main function of the Central Board is to prevent the well-being and cleanliness in all the water bodies of the nation.
  2. It suggests the Central government on matters related to prevention and control of water pollution.
  3. It collaborates with the activities of the State Board and resolves their disputes.
  4. It provides the State Board with complete technical assistance and conducts investigations and research on the problems of water pollution.
  5. The board may also build up laboratories to test samples of water bodies like streams or wells or samples of any sewage or trade effluents.

Functions of the State Pollution Control Board

  1. The function of the State Board is planning programmes to prevent and control pollution in streams and wells of the State.
  2. It can advise the State Government on the matters related to water pollution.
  3. It encourages the State Government to conduct investigations and research on the reasons behind the water pollution and provide them with the solutions.
  4. It co-ordinates with the Central Government to organise training programmes on the prevention and control measures to completely prevent water pollution.
  5. It evolves with the methods and procedures of utilising sewage and trade effluents in agriculture.

Conclusion

So, basically the act focuses on the prevention and control of the water pollution by forming the Central and State boards. And also, by giving them the provisions regarding the same. It is their duty to follow such provision and look upon the water bodies of the States and make sure that they are not contaminated. This act gives provision regarding the meeting of the Boards, to be held every six months to inspect the water bodies and list some new provisions and measures regarding the same.

It is also the duty of every individual to protect the environment, to make Earth a better place to live. So, no individual should try to pollute any water body. But, if any individual sees anybody polluting the water body by any means, then the concerned State Board should be reported.  

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