Importance of Environmental Protection

Author: Omkar Abhijit Thosar, Advocate Balasaheb Apte College of Law (ABACL), Mumbai

Introduction

Environment is a combination of biotic and abiotic factors and the optimum balance of both these factors results in the formation of a healthy environment. Biotic factors include trees, micro and macro-organisms, etc. while abiotic factors include weather, temperature, wind, rains, water bodies, etc. In today’s era, due to population explosion infrastructural development is prioritized even at the cost of disruption of the balance of environment. It is imperative to realize that the cost that is borne in order to develop infrastructure for the satisfaction of the needs of the ever- increasing population is immense and its impact is greater than any significant monetary cost. The unseasonal rains, extreme temperatures in summer, seasons dragging on for longer than ever, recurring natural disasters in the form of flash floods, cyclones, earthquakes are all indicators of the absolute disruption caused in the environmental functioning.

In order to mitigate disruption and prevent further environmental degradation, the efforts taken have proven to be ineffective since these efforts need to be complemented by corresponding environment friendly activities but all these efforts are nullified by activities which result in further environment degradation. Cleanliness drives, environmental awareness programs, campaigns against deforestation have turned out to be a good wake up call for all citizens albeit for a limited time period only. Once programs end, campaigns and drives attain their objectives citizens get busy in their respective lives and conveniently forget about the need for environmental protection, although they suddenly realize and recognize the need for environmental protection when they encounter a crisis which is related to the environmental elements such as water crisis. During the water crisis, citizens actively take part in debates and discussions about the need to save water and reduce water wastage at the earliest. However, once the crisis is resolved all these discussions are put to rest and cast away as irrelevant.

Legislations obligating Environmental Protection

Environment Protection Act,1986:

The significant provisions of the act are as follows:

Prohibition of discharge of Environmental Pollutants:

The act mandates the persons in authoritative positions in industries, manufacturing plants to ensure that the environmental pollutants are discharged only as per the prescribed standards. This provision ensures that the powers of the persons in authoritative positions in industries are kept in check thereby minimizing the possibility of environmental degradation.

Obligations for handling hazardous substances:

The person handling hazardous substances is obligated to follow all the necessary procedural safeguards that are prescribed for the handling of such hazardous substances. The relevant case law for this provision is –

Oleum Gas Leak Case – M.C. Mehta v. UOI AIR 1987 SC 1086

In this case, the Supreme Court propounded the principle of absolute liability which is distinct from strict liability in the sense that there is no exception in case of absolute liability. The escape of oleum gas from the unit of Shriram Industries had a drastic impact on the people residing in close proximity to the said unit. The principle of absolute liability is significant in this case since it was the responsibility of the persons in authoritative positions of Shriram Industries to ensure that such escape of oleum gas (which is a hazardous substance) does not happen under any circumstances. Their failure to stop such escape of a hazardous substance cannot be justified whatsoever and hence taking a defense of due care would not be appropriate in this case, therefore the principle of absolute liability which grants no exceptions by which the offender can escape liability, became an important judicial precedent.

Authority for Entry and Inspection:

The act empowers the Govt. to give authority to an individual for entry into industrial premises and thereby inspect the functioning of such premises in detail with the person in authoritative position of such premises being mandated to fully cooperate in such inspection without deliberately performing such acts which cause hindrance to such inspection. This provision ensures that the persons in authoritative positions of the industrial premises do not administer such premises as per their whims and fancies and that they are held accountable for the malfunctioning of their premises.

Air (Prevention and Control of Pollution) Act,1981

The significant provisions of the act are as follows:

Establishment of Pollution Control Boards:

Through the act two main pollution control boards are established namely Central Pollution Control Boards (CPCB) and State Pollution Control Boards (SPCB). The main function of both CPCB and SPCB is to not only take corrective measures for reducing the impact of the air pollution caused but also to take measures which tackle the root causes of air pollution and thereby ensuring that air pollution for the subsequent time period.

CPCB being a central body its role is mainly supervisory, while SPCB being a state body is tasked with the responsibility of controlling and reducing air pollution in the concerned state and hence they need to take proactive measures in order to fulfill their responsibility.

Prohibition of emission of air pollutants:

The act mandates the persons in authoritative positions in industries, manufacturing plants to ensure that the air pollutants are emitted only as per the standards prescribed by SPCB. This provision ensures that the persons in authoritative positions in industries do not act arbitrarily with regards to the emission of air pollutants.

Restraining air pollution:

SPCB is authorized under the act to file an application in the court of law in order to restrain persons who are in authoritative positions in industries and are thereby responsible for causing air pollution through their industrial activities which mainly include emission of air pollutants exceeding the standards prescribed by SPCB. This provision compliments the aforementioned provision of prohibition of emission of air pollutants by empowering SPCB to take legal action against such persons in authoritative positions in industries who fail to comply with the standards set by SPCB.

Authority to derive information:

SPCB has the authority to derive detailed information with regards to the kinds of air pollutants and their subsequent emission level from the industries, manufacturing plants or any other premises engaged in the production process which results in the formation and ensuing emission of air pollutants. This provision helps SPCB to get proper details about the kinds and emission levels of air pollutants from such industries as per the discretion of SPCB. It also ensures transparency of functioning on the part of industries.

Water (Prevention and Control of Pollution) Act, 1974:

The significant provisions of the act are as follows:

Authority of Govt.:

The act empowers the Govt. to restrain the applicability of the act to certain areas which have been designated as water pollution, prevention and control areas. This provision helps the Govt. to concentrate on the specific designated areas which would ensure that the Govt. can take corrective measures in order to control water pollution in those areas and also plan certain preventive measures which would help in the reduction of water pollution in the near future.

Authority to obtain effluent samples:

The State Board constituted under this act has the authority to obtain samples of effluents which are responsible for causing water pollution upon discharge in the water bodies which are located in close proximity of the industries, manufacturing plants or any other premises engaged in the production process which results in the formation and ensuing discharge of effluents into water bodies.

Due to this provision the State Board is empowered to analyze the various effluents and their respective capability of causing water pollution.

This helps the State Board in creating an efficient database of such effluents which provides further assistance in formulating actions in order to control water pollution caused by the said effluents.

Wildlife (Protection) Act,1972:

The significant provisions of this act are as follows:

Hunting Ban:

The act absolutely forbids the hunting of wild animals which are specified in the Schedules of the act. This provision not only ensures the safety of the specified wild animals but also makes poaching of those wild animals illegal by banning hunting. During ancient times when monarchy was prevalent across the nation, the monarchs used to hunt wild animals as a hobby but in today’s era the hunting of wild animals is mainly done by the poachers who further sell the various body parts of these wild animals which have a lot of demand in foreign markets. Smuggling and poaching also go hand in hand as the body parts of these animals are usually smuggled through various land or sea routes when it's not possible to send these parts through proper transporting channels. Thus, this provision potentially rules out the entire poaching and subsequent smuggling network.

Plant destruction Ban:

The act protects the specific plant species by forbidding their destruction or acquiring these plant species for the purpose of sale. This provision ensures that the specific rare plant species are protected as if there is no restraint on their destruction or acquisition then these plant species would not sustain for too long. When these plant species are acquired for the purpose of sale, it is due to their demand by the ones who wish to acquire them for their personal use.

Similar to the poaching and smuggling network which functions due to the demand of the body parts of animals, a network for acquiring these plant species would also develop rapidly due to demand for these plant species and hence this provision is of great significance as it bans acquiring these plant species as well as their destruction, thereby restraining the possibility of the said network being developed to a large extent.

Methodology

This research article focuses on analyzing the significant provisions of the main legislations under the ambit of Environmental law. The article also critically analyzes the need of environmental protection in the current era and the ensuing challenges associated with taking measures for environmental protection. Observations of the mindset of the public at large forms the basis of the analysis put forth in this article.

Literature Review

Most of the articles published on environmental protection follow a similar format which emphasizes more on the problem statements related to environmental degradation rather than providing some sort of solution to the prevalent environmental issues or even mentioning the successful campaigns with regards to environmental protection or successful government initiatives which have brought about a positive change amongst the community at large. This article seeks to address these frailties in an effective manner.

Abstract

The legislations which obligate environmental protection have certain provisions which ensure that environmental protection is prioritized. The authorities established under the said legislations are tasked with the responsibility of ensuring environmental protection by minimizing the impact of pollution be it air pollution or water pollution. The said authorities are also obligated to take active measures to find out the exact root causes of the prevalent environmental issues and accordingly formulate plans and policies to eradicate such root causes. In case complete eradication of such root causes is not feasible then the said authorities must take steps to restrain the adverse impact of such causes on the environment.

The intention of the legislature while drafting these legislations is quite evident with stringent provisions for the protection of plant species, wild animals, empowering the authorities established under these legislations to enter and inspect industries, deriving information from industries about the type and emission level of the air pollutants discharged by them.

The legislature intended to not only ensure accountability and transparency on the part of industries but also to empower the authorities to which they are so accountable by giving them adequate powers.

Keywords

Environmental protection, environmental issues, ecosystem, wildlife conservation, deforestation, pollutants, effluents

Conclusion

Environmental protection is the need of the hour and there is a consensus amongst the public at large regarding this. There are certain measures which ought to be taken by the Govt. and other executive authorities while citizens on their part can do their own bit in order to assist the Govt. in the effective implementation of the said measures taken by it. In order to contribute towards environmental protection consistently and for longer periods of time, the citizens must make their lifestyles environment friendly as knowingly or unknowingly environmental degradation is caused due to their current lifestyles.

Some ways to transform their lifestyles to be environment friendly can be carpooling which would reduce the emission of harmful gases by cars to a large extent, segregating household waste into wet waste and dry waste which reduce the damage caused to the environment as a whole when unsegregated waste is simply dumped into the landfills, using cloth or paper bags instead of plastic bags for personal use which would reduce the amount of plastic that is dumped in landfills or left unattended which causes water clogging in the drains or ditches,

prioritizing digital sources like smartphones or laptops for storing or documenting any kind of information instead of paper notebooks which would reduce the rampant deforestation that is resorted to in order to fulfill the demand for such paper notebooks.

Implementing the aforementioned ways would prove to be extremely beneficial for environmental protection and this would in turn benefit the future generations too. One of the successful initiatives promoting awareness of environmental protection amongst the public at large was the Swachh Bharat Abhiyan organized by the Central Govt. in the year 2014.

Swachh Bharat Abhiyan not only induced citizens across the nation to come forward and clean up the roads and other public places but also inculcated a sense of belonging with respect to this infrastructure and it is due to this sense of belonging that a citizen began to think twice before polluting the roads and other public places. The Swachh Bharat Abhiyan truly transformed the way of thinking of the citizens with respect to polluting the environment through their negligent actions and hence during that time period environmental pollution reduced significantly.

Thus, protecting the environment would become easier when the citizens and the Govt. work in tandem instead of citizens simply calling out the Govt. for lack of effective measures taken while not fulfilling their own duty as citizens.