Presented Before : Ms. Sabina Salim, Assisstant Professor, UILS, PU

Presented By : Nupur Walia (38/10)

Abhishek Walia (45/10)Malika Chatly (171/10)

The Environment Protection Act, 1986 with Sustainable Development

PRESENTED BY :NUPUR WALIA(SLIDES 3 - 19)

BACKGROUND AND EVOLUTION OF ENVIRONMENTAL LAWS

Two international conferences on environment and development, namely the Stockholm Conference in 1972 and another at Rio de Janerio in 1992 have influenced environmental policies in most countries including India.

Many countries and international agencies have accepted the polluter pays principle, the precautionary principle and the concept of intergenerational equity as guidelines for designing environmental policies.

Environmental laws have evolved mainly in four policy periods :1. Pre Independence Period to 1947.2. From Independence to Stockholm Conference (1947-1972).3. From Stockholm Conference to Bhopal Disaster (!972 - 1984).4. Bhopal Tragedy (1984) to 1998.

I. PRE - INDEPENDENCE PERIOD TO 1947 In first two periods, there were no major legislations relating to

environmental protection. Pertaining to the first time period, The Indian Penal Code 1860, which was enacted during the British rule, contains one chapter (Chapter XIV) on offenses affecting public health, safety, convenience, decency and morals. Some of the legislations pertaining to this timeline included :

Shore Nuisance (Bombay-Kalova) Act, 1893 [Enacted to check wastes and marine water pollution.]

The Oriental Gas Company Act, 1857 and the Bengal Smoke Nuisance Act, 1905 [Enacted to prevent or reduce atmospheric pollution in and around Calcutta].

For preservation of forests, the Cattle Trespass Act 1871 and Indian Forest Act 1927 were passed. The Indian Easement Act of 1882 [It guaranteed property rights of riparian owners against “unreasonable” pollution by upstream users.]

II. FROM INDEPENDENCE TO STOCKHOLM CONFERENCE, 1972Part XI of the Constitution governs the division of legislative and

administrative authority between the Centre and states. Article 246 divides the subject areas for legislation into three lists, viz, Union List, State List and Concurrent List. Some of the earliest legislations during this period were :

The Factories Act, 1948. The Prevention of Food Adulteration Act, 1954. The River Boards Act, 1956. The Mines and Minerals (Regulation and Development) Act, 1957. The Ancient Monuments and Archaeological Sites and Remains Act,

1958. The Atomic Energy Act, 1962. The Insecticides Act, 1968.

III. STOCKHOLM CONFERENCE TO THE BHOPAL DISASTER, 1972 - 1984

The UN Conference on Human Environment held at Stockholm in 1972 exerted major influence on environmental legislations in India. A National Committee on Environmental Planning and Coordination (NCEPC) was set up in the Department of Science and Technology in 1972 to make necessary preparations for the Conference.

The Government of India took a number of steps to implement the decisions taken at the Conference by means of amendments to the Constitution, new legislations relating to environmental protection and creation of institutions for implementing the legislations.

Many Supreme Court judgments in the late eighties and the nineties refer to the decisions made at the Stockholm Conference.

CONSTITUTIONAL MANDATE : The 42nd Constitution Amendment Act, 1976, inserted specific provisions for environmental protection in the form of Directive Principles of State Policy and Fundamental Duties. Article 48A (Directive Principles) enunciates that ‘the state shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country’.

Article 51A(g) (Fundamental Duties): ‘To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures’. Two entries 17A – Forests and 17B – Protection to wild animals and birds were added in the Concurrent List.

CONTINUED....Stockholm Conference exerted great pressure on policy making,

leading to an amendment of the Constitution and with the pasage of time, several important legislations came up, namely :

THE WILDLIFE PROTECTION ACT, 1972 THE WATER (PREVENTION AND CONTROL OF POLLUTION)

ACT, 1974 THE FOREST CONSERVATION ACT, 1980 THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT,

1981

IV. BHOPAL GAS TRAGEDY (1984) TO 1988 : In the aftermath of the Bhopal Gas Tragedy in 1984 which claimed

more than 3000 lives, the ENVIRONMENT (PROTECTION) ACT, ENVIRONMENT (PROTECTION) ACT, 19861986 was passed. was passed. The Statement of Objects and Reasons of this Act refers to the decisions taken at the Stockholm Conference in June 1972 and expresses concern about the decline in environmental quality, increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere, growing risks of environmental accidents and threats of life system.

Presently, the EPA is the most effective and bold measure to fight the problem of environmental menace in the country.

“Hazardous Substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.

“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.

Miscellaneous clauses which are not pertaining to environment but are guidelines for functioning and conduct of officers and government representatives.

First chapter - PRELIMINARY - It describes the definitions of various entities that are related to environment. Some of the definitions that are directly taken from S. 2 of the Act.

• Role of Central Govt. to take measures for environment protection and its improvement alongwith the economic development. • Includes : appointment of officers powers to give directions rules to regulate environmental pollution laying down of procedures and standards for industrial waste, emissions, hazardous waste etc.

• Prevention, control and abatement of environmental pollution. As per the guidelines, a person running an industry or operation can not emit or discharge environmental pollutants in excess of the permissible limit. Central government or its officers may take samples of air, water, soil or other substance from any factory for the purpose of analysis and upon failure to satisfy the norms, shall liable to be proceeded against and punished accordingly.

OVERVIEW OF THE ENVIRONMENTAL PROTECTION ACT, 1986

Second chapter deals with 'GENERAL POWERS OF THE CENRTAL GOVERNMENT'

Third chapter deals with 'PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION.'

Fourth chapter lists MISCELLANEOUS CLAUSES

Salient Features of the Environment (Protection) Act, 1986

The EPA has 26 Sections and it has been divided into four chapters relating to : i) Preliminary, ii) General Powers of the Central Government, iii) Prevention, Control, and Abatement of Environmental Pollution, iv) Miscellaneous. The Act empowers the Central Government to take all appropriate measures to prevent and control pollution; establish effective machinery for the purpose of protecting and improving the quality of the environment and protecting controlling and abating environmental pollution. The Central Government or any other person duly authorised is empowered to collect the samples of air, water, soil or other substances as evidence of the offences under the Act. The Act prescribes a special procedure for handling hazardous substances and the concerned person has to handle the hazardous substances according to the procedure of the Act. EPA has relaxed the rule of “Locus Standi” and because of such relaxation even a common citizen can approach the Court provided he has given a notice of sixty days of the alleged offence and his intention to make a complaint to the Central Government or any other competent authority. In the commission of the offence under this Act by Government Department, the Act holds the Head of the Department as guilty of the offence unless the head of the Department proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Immunity to the officers of the Government for any act done under the provisions of this Act or under the powers vested in them or functions assigned to them under this Act. The Central Government is also empowered to enter and inspect any place through any person or through any agency authorised by Central Government. The Act debars the Civil Courts from having any jurisdiction to entertain any suit or proceeding in respect of an action, direction, order issued by Central Government or other statutory authority under this Act. Under the Act, there will be supremacy of provision. In other words, the provisions of this Act and the rules or orders made under this Act shall have effect and supremacy over anything inconsistent contained in any enactment other than this Act.

General Power of the Central Government

U/S 3 : Purpose of exercising of performing such powers and functions to authority

U/S 5 : May issue the directions in writing to any officers or authority

U/S 6 : Empower government to make rules in order to achieve the objective

U/S 7 : Persons carrying industry, operation not to allow emission discharge of pollutants in excess of standards

U/S 8 : Persons handling hazardous substances must comply with procedural safeguards

U/S 4: May appoint a person for inspection

Power of Central Govt to protect and improve the quality of environment

Coordination of actions by state government officers and other authorities under this act or under any law.

Laying down standards for the quality of environment in various aspects

Laying down standards for emission or discharge of environmental pollutants from various sources

Laying down procedures and safeguards for handling of hazardous substances

Examination of manufacturing process, materials and substances which are likely to cause pollution

Carrying out and sponsoring investigations and research relating to problems pollution

Establishment and recognition of laboratories

To exercise powers and perform functions central government may constitute authority

Tex t

Standards of quality of air, water or

soil for various areas

and purposes

Rules to regulate environment pollution (U/S 6)

The Central govt. may, by notification in the official Gazette, makes rules in respect of all or any matters referred to in S. 3:

Maximum allowable limits of

concentration of

various environmental

pollutant (including

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Prohibition and Restirctions on the Handling of Hazardous Substances in different areas.

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PUNISHMENT OR PENALTIESTYPE OF VIOLATIONUnder Section 15: Failure to comply with1. any of the provisions of the Act2. any of the rules made under this Act3. Orders or directions issued.

PENALTYImprisonment upto 5 years or a fine upto one lakh rupees or both.

Under Section 16 : Offence by Companies Punishment to the company and its directors, secretary or manager according to the offence.

Under Section 17 : Offence by Government Department.

Punishment to the Head of the Deptt. according to the offence.

COMPLAINTS :- Any authorised officer of the Board can lodge a complaint in the court.

- Any person can lodge a complaint after a notice of at least 60 days.- Central Government has powers to make rules regarding various matters.- A guilty person does offence again and again, then an additional fine up to to 5, 000 rupees and

an imprisonment of 7 years should be extended.

VICARIOUS LIABILITY AND IMMUNITY : S.16 of EPA incorporates the principle of “vicarious liability” of a person in charge, director, manager, secretary or any other officer for the offence if committed by a company. When a offence is committed by company, then the company as well as the person directly in charge and responsible of conducting the business of a company shall be deemed to be liable. However the person in charge for the conduct of the company is not held liable if: a) That offence was committed without his knowledge.

b) That he exercised all the due/care to prevent the commission of such offence.

PREVENTION AND CONTROL OF AIR POLLUTION : A STUDY OF THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

• We breathe around 35 lbs. of air in a day. Air pollutant means any solid, liquid or gaseous substance, including noise, present in the atmosphere, in such concentration as may be injurious to human beings or other living creatures or plants or property or environment.

• A legal definition of air pollution is the presence in the outdoor atmosphere of any air pollutant. These can be in the form of substances or contaminants put there by man in quantities or concentration and of a duration as to cause any discomfort to a substantial number of inhabitants of a district or which are injurious to public health or the safety of human, plant or animal life or property, or which interferes with reasonable or comfortable enjoyment of life and property.

• Simply put, air pollution as: “the concentration of foreign matters in the air which adversely affects the well being of the individual or causes damage to the property”.

Salient Features of Air Act, 1981:The Act deals with the particular type of pollution and presents an integrated approach to tackle the problem of pollution. This Act is an important legislative measure which has been enacted (under Article 253 of the Indian Constitution) to implement the decision taken in the United Nations Conference on Human Environment held in June 1972 at Stockholm.

Air (Prevention and Control of Pollution) Act 1981 is an appropriate step for the preservation of the natural environment on the Earth which includes the preservation of the quality of air and control of air pollution. In other words, this is an Act to provide for the prevention, control and abatement of air pollution.

The Air (Prevention and Control of Pollution) Act 1981 has 54 Sections and is divided into seven chapters relating to i) Preliminary, ii) Central and State Boards for the Prevention and Control of Air Pollution, iii) Powers and Functions of Boards, iv) Prevention and Control of Air Pollution, v) Funds, Accounts and Audit, vi) Penalties and Procedures, and vii) Miscellaneous.

The Act provides that the State Government, in consultation with the State Board, is empowered to declare any area or areas within the jurisdiction of the concerned State an “Air Pollution Control Area”.

The Act provides that the Central and State Boards established under the Water (Prevention and Control of Pollution) Act, 1974 will also exercise and perform powers and functions respectively under the Air (Prevention and Control of Pollution) Act, 1981. In other words, the Air Act, 1981 provides that the Central or State Board for prevention, control and abatement of water pollution shall exercise the powers and perform the functions of the Central or State Board for the prevention, control and abatement of air pollution.

• The Act provides that the State Government in consultation with the State board has a power to give instructions to the registration authority under the Motor Vehicle Act, 1939 (Act 4 of 1939) for ensuring standard for emission from automobiles driven with the help of petrol or diesel.• The Act provides for the imposition of restriction on the use of certain industrial plant in any pollution control area without the previous permission and consent of the State Board.• The Act provides that the Board has the power to make an application to the Court for restraining persons from causing air pollution.• The Act provides that whoever:operates or establishes any industrial plant in an pollution control area without the consent of the State Board or;allows emission of an air pollutant in excess on the standard laid down by the State Board, or; violates any direction issued by the Board, in the above situation, is punished with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine. If this fails or contravention continues, the guilty person is punished with the additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues even after the conviction for the first such failure or contravention. If it continues beyond a period of one year after the date of conviction, the offender shall be sentenced to imprisonment fr a term which shall not be less than 2 years & may extend to 7 years & with fine.

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This Act has five Sections which deal with conservation of forests.

The Act was enacted with the twin objectives under Section 2 of restricting the use of forest land for non-forest purposes, and preventing the de-reservation of forests that have been reserved under the Indian Forest Act, 1927. However, in 1988 the Act was further amended to include two new provisions under Section 2, where it sought to restrict leasing of forest land to private individuals, authority, corporations not owned by the Government, and to prevent clear felling of naturally grown trees.

The Act empowers the Central Government to constitute a committee to advise the Government with a grant of approval under Section 2, as also on any other matter connected with the conservation of forest and referred to it by the Central Government.

The Act provides for the punishment of imprisonment, extendable to fifteen days for the contravention of the provisions of the Act.

The Act provides for punishment of offenders from the Government Departments, including Head of the Departments and authorities. However, these persons can escape criminal liabilities if they can prove that:

• The offence was committed without their knowledge,• They had exercised all due diligence to prevent the committing of such

offence.

Under section 33 of this act, imprisonment for a term of 6 months or more or fine of Rs 5,000 or both is the penalty for any person who violates any of the rule under this act.

Forest (Conservation) Act, 1980

The Wildlife Protection Act, 1972SYNOPSIS :The Wild Life Protection Act, 1972 has 66 Sections and has been divided into seven chapters relating to :i) Preliminary ii) Authorities to be Appointed or Constituted under the Actiii) Hunting of Wild Animals, - iii A) Protection of Specified Plants, iv) Sanctuaries, National Parks (Omitted 1991) and Closed Areas- ivA) Central Zoo Authority and Recognition of Zoos, v) Trade or Commerce in Wild Animals, Animal Articles and Trophies, - vA) Prohibition of Trade or Commerce in Trophies, Animal articles, etc derived from Certain Animal.vi) Prevention and Detection of Offences, - viA) Forfeiture of Property Derived from Illegal Hunting and Trade, and vii) Miscellaneous, and Schedules:- I, II, III, IV, V, VI.

• PENALTIES :Chapter 6 deals with prevention & detection of offences.

The Wildlife Protection and The LawThe most significant legislation on wildlife protection which is based on the ecosystem approach and a regulatory regime of command and control is the Wild Life Protection Act, 1972 (No. 53 of 1972). The objective of this enactment was three-fold, i. e :

• to have a uniform legislation on wild life throughout the country;• to establish a network of protected areas, i. e., national parks and sanctuaries and • to regulate illicit trade in wild life and its products.

The term ‘wild life’ actually includes all the living organisms i.e. All plants, animals and micro - organisms living in their natural habitat in wild state other than the cultivated plants and domesticated animals. The need for conserving wildlife directly conserves the bio - diversity and maintains the ecological balance. The Wild Life Protection Act, 1972 is an ‘An act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.’

SCHEDULES:Various species are classified in Schedules I to VI. • Species in Schedule I can be hunted only in very special conditions if they are a threat to human life. • Species in Schedule II can be hunted if they are a threat to human life or property. • Trade of species in Schedule I or Part II of Schedule II invites very stringent punishment.• Species in Schedule VI are specified plants whose possession, collection, sale etc. is regulated by Chapter III--A• Species in Schedule V are Vermin which can be hunted freely. This includes : Common crow; Fruit bats; Mice and Rats.

Sec 2 of the Act deals with definitions. One important definition is that of ‘Captive animal’ U/S 2(5) which means any animal specified in Schedule I, II, III or IV which is captured or kept or bred in captivity.HUNTING OF WILD ANIMALS : Sec 2 (16) deals with ‘Hunting’ which includes:• Killing or poisoning of any wild or captive animal or any attempt to do so• Capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so.• Injuring or destroying or taking any part of the body of such animal, or damaging the eggs or nests of such birds or reptiles.

S2 (36) defined wild animal as any animal specified in Schedules I to IV and found wild in nature. whereas S. 2 (37) says that Wild life includes any animal , aquatic or land vegetation which forms part of any habitat.

The Wildlife (Protection) Act 1972 as amended by Amendment Act 16 of 2003The Wildlife (Protection) Amendment Bill 2002 proposes…- To provide that captive animals and wild animals included in Schedule I and part II of Schedule II of the Wildlife Act and their parts and products can be acquired only by way of inheritance.Sec 40: Every person in possession or custody of any captive animal specified in Schedule I or part II of Schedule II is required to declare this to the Chief Wildlife Warden.

2 --A: No person except one with a certificate of ownership can keep, acquire , keep in control etc. any captive animal specified in Schedule I or part II of Schedule II except by Inheritance.2 -- B: Such inheritance to be declared within ninety days to CWLW.Sec 42: Certificate of ownership -- to be granted only after ensuring that the applicant has adequate facilities for housing, maintenance and upkeep of the animalSec 43: No person who has with him a captive animal with a certificate of ownership shall transfer by way of sale or offer for sale or any other commercial consideration, any captive animal.

PENALTIES Chapter 6 deals with prevention & detection of offences. Section 51 deals with penalties. Sec 51 Penalties : • Offence related to animal of Schedule I or Part II of Schedule II -- Minimum 3 yrs. • Imprisonment up to 7 yrs. AND fine not less than 10,000/-- On second and subsequent offence, Minimum 3 yrs. Imprisonment up to 7 yrs minimum fine 25,000 years• Hunting in a National Park or Sanctuary or alteration of boundaries : Minimum 3 yrs. Imprisonment up to 7 yrs. AND fine not less than 10,000/--On second and subsequent offence, minimum 3 yrs. Imprisonment up to 7 yrs. AND fine 25,000 years.• Contravention of Chapter V--A--Trade in species of Schedule I or Part II of Schedule II-- Minimum 3 yrs. Imprisonment up to 7 yrs. AND fine not less than 10,000/-- On second and subsequent offence, minimum 3 yrs. Imprisonment up to 7 yrs. AND minimum fine 25,000 years.• Other provisions: Imprisonment for up to 3 years or fine up to 25,000 OR both. Forfeiture of property derived from illegal wildlife trade -- Chapter VI -- A-- Section 58 -- A-- Y.

PRESENTED BY: ABHISHEK PRESENTED BY: ABHISHEK WALIAWALIA

(ROLL NO 45/10)(ROLL NO 45/10)SLIDES 20 - 32SLIDES 20 - 32

WATER POLLUTION AND THE WATER POLLUTION AND THE LAW : WATER (PREVENTION LAW : WATER (PREVENTION

AND CONTROL OF POLLUTION) AND CONTROL OF POLLUTION) ACT, 1974ACT, 1974

Meaning of Water pollution Water pollution is the contamination of water bodies (e.g. lakes,

rivers, oceans, aquifers and groundwater). Water pollution occurs when pollutants are directly or indirectly discharged into water bodies without adequate treatment to remove harmful compounds.

Reason of water pollution• Sewage, sludge, garbage, and even toxic pollutants are all dumped into

the water. • Across the world, about half of all sewage is dumped into water bodies in

its original form. • Even if sewage is treated, problems still arise. Treated sewage forms

sludge, which is sent out into the sea and dumped. • Many cities and countries dump sewage out at sea. Often, they place it

not far from their own coastline, often killing all the sea wildlife in the dumping area.

• In addition to sewage, chemicals dumped by industries and governments are another major source of water pollution

Effects of Water Pollution.

•Dead animals •Dead plants •Harms the ecosystems•Heat waves•Also climate change/global warming•Droughts•More bugs •More diseases Water Pollution•Rise in water from melting glaciers It's harmful for you •Asthma •Heavy breathing •Cancer•Acid rain •Each year about 250,000 people are admitted to hospitals or

emergency rooms with pesticide poisoning

Using of Natural fertilizers & Eaxamples of Pollutants.

• Automobile oil should be re-used as far as possible. Also, it is important to keep your automobile well maintained in order to prevent leakages of toxic fluids like antifreeze and oil.

• Actively conserve water by turning the tap off when you do not need running water, such as while brushing teeth. Apart from preventing water shortages, it lessens the amount of water that needs to be treated.

•Try using environmentally friendly household products

Some examples of Pollutants

• Factories & Refineries (Oil and industrial waste) • Agriculture (Pesticides, fertilizers, Eutrophication ) • Human Sewage (Failing septic tanks, pit latrines) • Marine Dumping • Mining (sediment run off) • Agriculture (Pesticides, herbicides and fertilizers) • Household chemicals (soap, oven cleaners etc.) • Dumping (non-biodegradable (plastic bottles)

How can we stop Water Pollution?• Laws- Environmental and conservation laws for industries (fishing, boating,

chemical). • Education- promoting programs e.g. involving recycling and proper disposal

in schools and in the work place. • Economics- for example clean up plans and programs.

Preventative Measures• Dispose of rubbish correctly. “Think before you toss!” • Use water wisely. • Do not throw chemicals, oils, paints and medicines down the sink drain, or

the toilet. • Buy more eco-friendly products. • Plant a lot of trees and flowers around your home.

Objective of the law for making of an act

Pollution in rivers is increasing. industrial effluents should not be allowed to be discharged into the water without adequate treatment, as otherwise, water becomes unsuitable for human consumption, irrigation and fish life. The Act covers fields of water and irrigation, which are State subjects. Hence, it is applicable only to States which have approved or adopted the same.

What is board… Central pollution control board (sec. 3) Or State pollution control board (sec. 4)

Prevention and Control of Water Pollution

1.Power to take samples of effluents and procedure to be followed.

2.Prohibition on use of stream or well for disposal of pollution matter.

3.Restrictions on new Outlets and new discharges.

4.Provision regarding discharge of sewage or trade effluent.

5.Refusal for withdrawal of consent by state board.

Penalities

1. Penalty for contravention of provisions of Section 24:- Imprisonment for not less than one year and six months.

2. Penalty for contravention of provisions of Section 25 or 26:- imprisonment for not less than one year and six months but with fine.

3. Penalty for contravention of provisions of section 45-A: imprisonment for not less than one year and six months but extended up to three months with 10,000 rupees fine.

M.C Mehta V/s Union of India and Others , 12th Jan. 1988.

This case is about pollution river GANGA

A lawyer name Mr. M.C. Mehta found that people are pollution water of river GANGA by bathing in it, by washing clothes in it, by throwing dirty things in river. And as is it was duty of municipal corporation to seen that water of the river do not get dirty, Mr. M.C. Mehta filed a case against municipal corporation for breach of duty.

The Supreme Court gave the decision in favor of Mr. M.C. Mehta as water pollution is crime and it is polluting water which is a basic need for living beings. The court ordered municipal corporation to give Rs. 20,00,000 as fine for their breach of duty.

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In this case the court also directed Municipality to take measures for construction of adequate sewage system and direction also given to control pollution caused by cattle's

Municipality also directed not to give license to any industry unless it makes provisions for treating industrial effluents and direction also given to Central Government to make sure that students are given classes on environmental protection.

Continued…

NOISE NOISE POLLUTION POLLUTION

AND ITS AND ITS CONTROL CONTROL

Unwanted sound that penetrates the environment Any noise irritating to one’s ear which comes from an external source In relatives terms one’s may be pollution to others Sound which pleases the listeners in music and which causes pain and

annoyance is noise Noise affect us in hearing , ability to communicate and behavior

Sources of noise Pollution Street traffic Rail traffic Road traffic Airplanes Construction Indoor source ( Radio, T.V , AC , home appliances) Less maintained vehicles produce more sounds

What is noise pollution and its sources

Noise pollution can cause: High Stress Levels, Hypertension, Annoyance and Aggression, Hearing Loss, Sleep Disturbances, Forgetfulness, Severe Depression, Panic Attacks.

Effect on Animals Physiological effects: increase in heart rate, stress Behavioral effects: loss of ability to reproduce Ecological effects: it leads to migration of birds which disturbs the

ecosystem

Effect Of Noise Pollution On Human's Health

Protect workers from risks to their hearing caused by noise. Prevent hearing loss and deafness as a result of exposure to noise at work

Legal Requirements placed on Employers Identify noise problems and if noise levels are above 85dB(A),measurements

must be taken and assessed by a competent person. Such measurements should be repeated at appropriate intervals.

SCHEDULE (see rule 3(l) and 4(l) Ambient Air Quality Standards in Respect of Noise

DAY NIGHT (A) Industrial area 75 70 (B) Commercial area 65 55 (C) Residential area 55 45 (D) Silence Zone 50 40Note: 1. Day time shall mean from 6.00 a.m. to 10.00 p.m. 2. Night time shall mean from 10.00 p.m. to 6.00 a.m

Objectives For Making Of Law

Factories Act 1948: The Factories Act does not contain any specific provision for noise control. However, under the Third Schedule Sections 89 and 90 of the Act, noise induced hearing loss, is mentioned as notifiable disease. Similarly, under the Modal Rules, limits for noise exposure for work zone area have been prescribed.

Motor Vehicle Act 1939: In Motor Vehicle Act, rules regarding use of horns and any modification in engine to reduce noise levels are made.

Air (Prevention and Control of Pollution) Amendment Act, 1987: The word noise was inserted under the definition of air pollutants by the Air (Prevention and Control of Pollution) Amendment Act.

Indian Penal code (I.P.C.) Public Nuisance 268-295: Chapter IV of Indian Penal code deals with offences relating to public health, safety, decency , morals under Sections 268, 269, 270, 279, 280, 287, 288, 290 291 294. Noise pollution can be penalized with the help of above section.

Law Realting To Noise Pollution

Plant trees and bushes around you house. They help keep the air clean, absorb sound, give privacy, and add nice design and looks to a house

Turn off the TV or radio when you aren't actually fully listening to it Don't blast music on the radio or computer or speakers. Be considerate

of your own ears and those of other around you. Sound proof rooms that might have music conducted in them, like a

room with a piano or if someone in the house plays drums or guitar or whatever.

Legislative Measures Strict legislative measures need to be enforced to control the nuisance

of noise pollution some of the measures areA) Minimum use of loud speakers, near silence zones.B) Banning pressure horns in automobilesC) Framing a Separate noise pollution act.

What we can do & Control of noise Pollution

• In this case the Supreme Court approving the decision of High Court held that the directions issued under the Madras City Police Act, 1888 and madras Town Nuisance Act,1889 were valid which were issued to control noise pollution. Alongwith it the Supreme Court held that the direction issued under the Environment(protection)Act, 1986 and Noise pollution(Regulations and control)Rules,2000 read with rile 5 of environment Protection rules,1986 were valid.

• No religion prescribes or preaches that prayers required to be performed through voice amplifiers or by beating of drums. If there be any such practice It should not adversely affect rights of others including that of being not disturbed in their activities Use of microphones and loud speakers in prayers in Church Directions issued by High Court for control justified.

Church Of God Vs. Kkr Majestic Colony AIR 2000 SC 2773

• Undisputedly, no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums. In our view, in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on other activities cannot be permitted. It should not be forgotten that young babies in the neighbourhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere. A student preparing for his examination is entitled to concentrate on his studies without there being any unnecessary disturbance by the neighbours. Similarly, old and infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution. Aged, sick, people afflicted with psychic disturbances as well as children upto 6 years of age are considered to be very sensible to noise. Their rights are also required to be honoured.

Continued…

Presented by:Malika Chatly

INTRODUCTION

“ Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

-The Brundtland Commission’s 1987 Report, ‘Our Common Future’

• This is the definition which comes to mind most often, although the idea can be traced back to at least 1972 and the United Nations Stockholm Conference on the Human Environment.

What is Sustainabl

e Developm

ent?

Definition Elaborated1. To meet current and future needs and aspirations

where environment is considered to be integral part of human well-being.

2. To maintain fairness in development between different sectors. Eg., ‘poor’ & ‘rich’ Nations or classes of society.

3. Also, for future generations, i.e., inter generational equity – preventing future generational development on the same level as ours would be unfair.

4. An assumption we make – impact of current activity in terms of resource depletion and ability of environment to absorb pollution can be identified.So, right decisions cannot be made which are needed to be made to achieve the goal of sustainable development if there are doubts over the nature of risks involved.

“The Balance between Environmental protection and developmental activities could only be

maintained by strictly following the principles of sustainable development”

Adherence to sustainable development principle is a sine qua non for the maintenance of the symbolic balance between the right to environment and development.

Precautionary Principle• The concept of ‘precautionary principle’

originated in mid 1980’s from German law termed as 'Vorsorgeprinzip‘.

• The “precautionary measure” which had been taken at national and international level has been acknowledged by participating parties in 1985 Vienna Convention for the protection of the Ozone Layer.

• The decisions adopted by the states within the North Sea Ministerial Conference mark the first use of this principle in international law.

Principle of Precaution involves:•Anticipation of environmental harm•Taking measures to avoid it•Choose the least environmentally harmful activity•Must be triggered by suspicion of concrete danger, justified concern or risk potential.

Though accepted as part of the international customary law, 'the consequences of its application in any potential situation will be influenced by the circumstances of each case‘The principle suggests that it may be appropriate to place ‘Burden of Proof’

•On the person or entity proposing the activity that is potentially harmful to the environment•where there is uncertainty as to the extent or nature of the damage•where there is an identifiable risk of serious or irreversible harm, including, extinction of species, widespread toxic pollution is the major threat to essential ecological processes

Main purpose of “Precautionary Principle”–To ensure that a substance or activity posing a threat to the

environment is prevented from adversely affecting the environment.–This is ensured even if there is no conclusive scientific proof of

linking that particular substance or activity to environmental damage.–The words ‘substance’ and ‘activity’ imply substances and

activities introduced as a result of human intervention.In context of municipal law, “precautionary

principle”:–Environmental measures by the State

Government and the local authorities must anticipate, prevent and attack the causes of environmental degradation

–Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation

–The "onus of proof" is on the actor or the developer/industrialist to show that his action is environmentally benign

Principle 6 of the Stockholm Declaration of 1972 revealed a concept known as ‘assimilative capacity’ rule. This rule formed basis for approach to environmental protection which occurred initially between 1972 and 1982.

This principle assumed–that science could provide policy-makers

with the information and means necessary to avoid encroaching upon the capacity of the environment to assimilate impacts

And it presumed–that relevant technical expertise would be

available when environmental harm is predicted and there would be sufficient time to act in order to avoid such harm

In the 11th Principle of the UN General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the 'Precautionary Principle' and this was reiterated in the Rio Conference of 1992 in its Principle 15

“In order to protect the environment, the precautionary approach shall be widely applied by states according to their capacities. Where, there are threats of serious or irreversible damage lack of full scientific certainty shall not be used as a reason for proposing cost-effective measures to prevent environmental degradation.”

In regard to the cause for the emergence of this principle, Chairman Barton’s observations indicated:

–inadequacies of science is a real basis that has led to the precautionary principle of 1982

–the prit is better to err on the side of caution and prevent environmental harm, which may indeed become irreversible

–principle of precaution involves the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harm activity. It is based on scientific uncertainty

Environmental protection should not only on at protecting health, property and economic interests but also protect the environment for its own sake. The precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential.

Vellore Citizens' Welfare Forum v. Union of India

• The Court stressed the view that "the precautionary principle" and "the polluter pays principle" are essential features of sustainable development and that they have been accepted as part of the law of the land

• The Court had no hesitation in holding that the precautionary principle and the polluter pays principle are part of the environmental law of the country.

• The Court also observed that even otherwise, the above said principles are accepted as part of the customary international law and hence there should be no difficulty in accepting them as part of our domestic law.

THE BURDEN OF PROOF • During the period between the Stockholm

Conference of 1972 and the Rio Conference of 1992, there have been great changes in environmental concepts due to the "uncertainty" of scientific proof and its changing frontiers from time to time.

• In Vellore Citizens' Welfare Forum v. Union of India, a three-Judge Bench of the Supreme Court referred to these changes, to the "precautionary principle" and the new concept of "burden of proof' in environmental matters.

• The learned Judges also observed that the new concept, which places the burden of proof on the developer or industrialist who is proposing to alter the status quo, has also become part of our environmental law.

Difficulty in applying ‘Burden of proof’• If an activity is allowed to go ahead, there may

be irreversible or irreparable damage to the environment and if it is stopped, there may be irreparable damage to the economic interests

• In case of doubt, however, protection of environment would have precedence over the economic interest

• If without degrading the environment or minimizing adverse effects thereupon by applying stringent safeguards, it is possible to carry on development activity by applying the principle of sustainable development, in that eventuality, development has to go on

M.C. Mehta vs. Kamalnath

• It as a part of the environmental law, the Supreme Court once again confirmed the precautionary principle

• The following the reasonable man test, the exemptions under Sec. 19 of the Water Act, 1974, were held to have dangerous potential, as they clearly ignored the precautionary principle, which could be 'catastrophic'.

• Reversal of Burden of Proof–inadequacies of science have led to the

“precautionary principle”–the said "precautionary principle" in its

turn, has led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effects of the action proposed, is placed on those who want to change the status quo

–otherwise in environmental cases, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair.

–it is necessary that the party attempting to preserve the status quo while maintaining a less polluted State should not carry the burden of proof and the party who wants to alter it, must bear this burden

Precautionary principle leads to a question:

• In such a situation, the burden of proof is to be placed on those attempting to alter the status quo.

• They are to discharge this burden by showing the absence of a "reasonable ecological or medical concern".

• That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection.

If the environmental risks being run by regulatory inaction are in some way "uncertain but non-negligible", then

regulatory action is justified, but what is the "non-negligible risk“?

Recognition of Precautionary Principle• The "precautionary principle" has been recognized in

almost all the major international instruments• adopted by the United Nations Environment Programme• adopted by various international conferences on

prevention of pollution of seas• 1990 - Bergen Declaration on Sustainable Development

in the European Community while affirming the precautionary principle provided that environment related action should predict, prevent and suppress environmentally harmful factors

• 1991 - "Caring for the Earth" a document jointly produced by the World Conservation Union, United Nations Environment Programme and World Wide Fund for Nature, emphasized that the precautionary principle be made the basis of decisions on development and environment

• 1992 - The "Earth Summit' of Rio recognized the precautionary principle in many ways.

• Rio Declaration does not see any difference in principle between sustainable development and the precautionary principle

• Principle 15 of the Rio Declaration expresses the expectation that governments will apply the precautionary principle widely according to their ability.

• once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity.

• In India, the Courts have applied "polluter pays principle" in many cases.

Research Foundation For Science (18) v. Union of India

• The Supreme Court has explained that the "Precautionary Principle" generally describes an approach to the protection of the environment or human health based on precaution even where there is no clear evidence of harm or risk of harm from an activity or substance.

• It is a part of the principle of sustainable development.

• It provides for taking protection against specific environmental hazards by avoiding or reducing environmental risks before specific harms are experienced.

Conclusion• By applying the

precautionary principle, it will become easier to set course for a society which is characterized by sustainable development

• The movement towards adopting the precautionary principle has definitely widened the scope of corporate accountability, but the interpretation taken by the court mitigates the relevance and incorporation of this principle in Indian Jurisprudence for the protection and preservation of the pristine environment of nature

It is better to be safe

than sorry

THANK YOU!!! :)