By Revti Rani Roy
Environment is the creation of the supernatural. Though the presence of the supernatural is contradicted, this fact cannot be negated that a conception coined as environment has been bestowed upon all the living beings as a legacy, whose origin is known to none. Environment is a mixture of both living and non-living creatures.
“Environment includes water, air, land and the inter-relationship which exists among and between water, air, land and human beings, other living creatures, plants, micro-organism and property.”
Man is supposedly the greatest creation of all the living creatures on this planet. But there always comes a moment when the most superior creature in the due course of exercising their powers and enjoying their hegemony — in order to achieve their personal ends — goes on to the extent of superseding everything without thinking about the consequences of the act so performed. Humans can be best exemplified in the present scenario. They have deteriorated nature in its fullest plausible way. Here comes the concept of environmental degradation, which means the erosion of our natural environment through the direct or indirect acts of humans. Mankind has been avaricious enough to worsen the situation. But, man has never got anything in abundance for his greed. Mahatma Gandhi rightly marked:
“Earth provides enough to satisfy every man’s needs, but not every man’s greed.”
Concept of Environmental Pollution
“Environmental pollution means the presence in the environment of any environmental pollutant; wherein the term environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.”
Primarily, industrialization, globalization, and population growth are recognized as the fundamental drivers of environmental pollution. Broadly, environmental pollution can be categorized under the following heads:
- Air Pollution: Air pollution occurs mainly due to the amalgamation of various obnoxious substances and gaseous pollutants into the air so as to make it unfit for breathing by human beings and other living creatures. These pollutants may be as simple as smoke from a cigarette to smoke emitted by various vehicles and industries, and harmful gases released into the air like sulphur dioxide, carbon monoxide, nitrogen oxides, and chlorofluorocarbons. Air pollution may cause severe illness and deteriorate human health by causing diseases like asthma, allergies, lung cancer, breathing problems, etc., and sometimes even leading to death. Increase in air pollution has created devastating impacts on flora and fauna too. Further, air pollution is also a big cause of acid rain and the depletion of the ozone layer, hence leading to global warming.
- Water Pollution: Water pollution occurs when chemical effluents, hazardous scraps and liquids, garbage, and other harmful wastes are released into the water bodies without any treatment of the same, leading the water to become unsafe and unfit for consumption purposes and daily use. This can also adversely affect marine life, including flora and fauna.
- Soil Pollution: Soil pollution includes any waste material disposed of on the surface of the earth. It can be seen anywhere and everywhere — from our daily waste generated through the process of consumption and littering of garbage to any chemical and industrial debris, from pesticides and insecticides to landfills. Soil pollution may lead to a reduction in the fertility of land or sometimes may leave it ultimately barren.
- Noise Pollution: Noise pollution occurs when the sounds created through transportation, communication, construction, or even other human activities like playing drums and music at a very high frequency go beyond the permissible level and cause distress to humans and animals. Noise pollution may lead to stress, heart attacks, hearing disorders, and similar problems.
The Delhi Smog Case and Air Pollution Concerns
Delhi is facing its worst smog in the last 17 years, prompting the High Court to observe that it was akin to “living in a gas chamber.” It has been declared that India’s capital Delhi is recording an unprecedented high level of pollution in its air. The air of Delhi has been stated to be counted as one of the worst to breathe. In this condition, the Indian state gives tough competition to cities like Beijing and Mexico.
“Air pollution reports have indicated it (Delhi) hit record highs in the past week. Some say it hit 999 micrograms of particulate matter per cubic meter in one neighborhood, compared to an average of 150-350 in January 2016. Earlier this week, an estimated 4.41 million children in Delhi missed three days of school following a decision to close the city’s 5,798 schools to minimize the risk for children to be exposed to the polluted air.”
“Pollution has increased to an extent that outdoor air or land in Delhi resembles a gas chamber. Prima facie the biggest reason seems to be burning of stubble in agricultural fields in Haryana and Punjab in huge quantity,” Arvind Kejriwal, the Delhi CM said. This problem of air pollution has alarmed the people of Delhi. Moreover, it is affecting the lives of the entire population.
However, it is not just the problem of high levels of pollution generated in Delhi; rather, the geographical condition of Delhi also plays a huge role in its devastation. The Indian capital lies in the center of India and is a landlocked region, surrounded by no coastal areas such that its air could get refined from time to time. This situation has been described as an “emergency-like” situation by Shri Arvind Kejriwal, Chief Minister of Delhi. The central and state governments have been trying and making efforts to cope with this disastrous condition so far.
According to a report, urban air pollution — of which a significant proportion is generated by vehicles, as well as industry and energy production — is estimated to kill some 1.2 million people annually. Recent UNICEF analysis has shown that, globally, 300 million children live in areas with the most toxic levels of outdoor air pollution, exceeding six times international guidelines. According to sources, it has been found that urban air pollution is estimated to cost approximately 2% of GDP in developed countries and 5% in developing countries. Rapid urbanization has resulted in increasing urban air pollution in major cities, especially in developing countries. Over 90% of air pollution in cities in these countries is attributed to vehicle emissions brought about by a high number of older vehicles coupled with poor vehicle maintenance, inadequate infrastructure, and poor fuel quality.
Landmark Judicial Intervention: The Taj Mahal Case
In the Taj Mahal case, the Supreme Court issued directions that coal- and coke-based industries in the Taj Trapezium Zone (TTZ) which were damaging the Taj should either change over to natural gas or get relocated outside the TTZ. The Court held that 292 industries located and operating in Agra must change over within a fixed time schedule to natural gas as industrial fuel or stop functioning with coke/coal and get relocated.
Legal and Constitutional Framework
Although the fact cannot be set aside that the state has enacted acts and statutes for environmental protection from time to time, nevertheless, the fair implementation of these laws remains vague and does not seem to come into the picture. However, the role of the common man also cannot be negated at any cost. In order to achieve the desirable feat, one has to start working from the grass-root level itself.
Decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972, in which India participated, to take appropriate steps for the protection and improvement of the human environment. Consequently, this led to the incorporation of Article 48A of the Indian Constitution by the 42nd Constitutional Amendment Act, 1976, which now provides that the “State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
The Environment (Protection) Act, 1986
In the wake of the Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under Article 253 of the Constitution. The purpose of the Act is to act as an “umbrella” legislation designed to provide a framework for the coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and Air Act.
The Environment (Protection) Act reads out that it is “an act to provide for the protection and improvement of environment and for matters connected therewith.” It authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and/or operation of any industrial facility on environmental grounds.
Critical Perspectives and Warnings
On July 28, 2017, Chief Minister Mehbooba Mufti had warned against tinkering with Article 35A, saying that if this happens, there would be no one left in Kashmir. Mufti further said:
“Let me be very clear. By doing this entire thing (challenging Article 35A), you are not targeting the separatists. Their (separatists) agenda is different and it is totally secessionist. But, you are weakening those powers which are Indian and trust India and participate in elections and who fight to live a life honorably in Jammu and Kashmir. This is one of the problems.”
Besides, as the BJP militates against permanent residency laws in its push for national integration, it may have to answer some tricky questions. Several states in the country have domicile policies cordoning off their “original inhabitants” from outsiders. In North Eastern states such as Manipur and Arunachal Pradesh, there are restrictions on outsiders buying land, under a policy of “protective discrimination.” Do these laws also get in the way of the project of national integration? So, these are the important issues which need to be answered before the apex court.
Henceforth, environmental pollution leads to the depletion of the natural resources of our ecology and thus to environmental degradation. This degradation will probably lead to a situation where, in return for mankind abusing nature, nature shall not give anything but harsh recompenses. Man shall leave this as a legacy for his future generation to dwell in—an environment which is polluted to such an extent that even ordinary breathing shall be deadly. He has done a perfect job to try and screw up the concept of sustainable development on earth. If this condition prevails, that time shall not be far away when our environment would turn out to be more of a bane than a boon. Barry Commoner, a great visionary, remarked:
“Environmental pollution is an incurable disease. It can only be prevented.”
Practical Measures for Minimization
Therefore, in order to curb this situation, we ourselves have devised some mechanisms that would of course not neutralize the environmental pollution, its effects, and consequences, but shall certainly minimize it, keeping in mind the philosophy encapsulated by Patrick Geddes: “think globally, act locally.”
- Small Steps at a Personal Level: Any change begins with us, implying we should start taking small steps to protect against the degradation of our environment. Segregation of waste materials and their dumping in a proper area, sharing a ride or carpooling rather than using personal transport for small distances, using public transportation, and abstaining from smoking count among the same.
- Start Planting and Stop Littering: We must plant as many trees as possible so as to maintain the ecological balance and provide our upcoming generations with a better environment. Furthermore, we must not litter anywhere and everywhere; rather, proper mechanisms should be sought out.
- Use of Organic Fertilizers over Chemical Ones: Chemical fertilizers not only adversely affect the fertility of soil, but also degrade the quality of products. Also, when they mix up with groundwater, they become unhygienic and lethal for humans, animals, plants, and marine life. Hence, we must opt for organic fertilizers which maintain soil fertility and are eco-friendly too.
- Treatment of Wastes Before Disposing: Many industries and factories do not treat their waste chemicals before disposing of them into water bodies or dumping them on land. This in all probability contaminates water and leaves the soil barren. Therefore, those hazardous chemicals must be treated before disposal.
- Thinking Before Acting: People lend a very big hand to environmental pollution. They must consider the pollution mounting at a distressing pace and recognize the recent consequences of every little act they perform which may harm nature, acting accordingly.
- Adopting Waste Management Techniques: Using the effective measures of waste management — namely refuse, reduce, reuse, repair, and recycle — we can certainly minimize environmental pollution.
- Alternative Sources of Energy: Rather than using thermal and nuclear energy, and energy derived from fossil fuels, stress should be laid upon generating energy from renewable sources for the long run. Solar energy, wind energy, geothermal energy, biogas, etc., are the best substitutes and do not harm the environment in a similar manner.
- Campaigns to Generate Consciousness Among People: Campaigns, street plays, seminars, etc., should be carried out in villages, towns, and cities, and people should be made aware of the ill effects of environmental pollution.
- Practicing Sustainable Development: The idea is to pursue development which benefits our own selves while keeping into consideration that in the process of extracting our benefits, the ability of future generations to fulfill their needs does not get hampered.