Environment Protection has been the concern of Policy planners and lawmakers for a long time. As long back as the time of Kautillya, the need for maintaining a forest cover, protection of wild life and regulating the utilization of forest produce was emphasized. It also laid down the punishment for those who degraded the environment by damaging the forests or harming the protected species of wild life. In Early British period in India the environment legislation was the subsidiary output of legislations on the other revenue subjects such as Factory, Forest, Fisheries, Port, Easement and cattle Trespass etc. Some Special Acts were also made to cover a specific item of environment protection like, the Shore Nuisance Act of 1853, Orient Gas Company Act 1857, Bengal Smoke Nuisance Act 1905, Elephant Preservation Act 1879, Hailey National Park Act 1936 etc. Indian Penal Code covered the offence of fouling the water (section 277) and making atmosphere noxious to health (section 278) in Chapter XIV on offences affecting public Health etc. The Code of Criminal Procedure 1898 (now 1973) provided the mechanism for removal of nuisance from any river, way or channel. ACKNOWLEDGEMENT We acknowledge the help received from Mr. Sharda Prasad, I.P.S, and Director of the Institute for Criminology and Forensic Sciences, New Delhi for the analysis presented in this module.
There are many laws related to Environment. (R.K. Garg, 2006) Some of them can be listed as follows: ENVIRONMENTAL (PROTECTION), ACT, 1986 I) Subject to the provisions of this act, the Central Government shall
have II) Persons carrying on industry, operation, etc. not to allow emission or discharge of environmental pollutants in excess of the standards. III) Persons handling hazardous substances to comply with procedural safeguards. IV) Furnishing of information to authorities and agencies in certain cases. V) Penalty for contravention of the provision of this Act and the rules, orders, and Directions. VI) Protection of action taken in good faith. VII) The Central Government may, by notification in the official Gazette, make rules for carrying out purposes under this Act. VIII) Prohibition and Restriction on the location of industries and the carrying on processes and operations in different areas. IX) Prohibition and Restriction on the location of industries and the carrying on processes and operations in different areas. X) Standards for emission or discharge of environmental pollutants i) For the purposes of protecting and improving the quality of the environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be specified [Scheduled I to IV] ii) Notwithstanding anything contained in sub-rule (i), the Central Board or a State Board may specify industry, operation or process depending upon the quality of the recipient system and after recording reason therefore in writing. iii) The standards for emission or discharge of environmental pollutants specified under sub-under (i) or sub-rule (ii) shall be complied with by an industry, operation or process within a period of one year of being so specified. iv) Not withstanding anything in contained in sub-rule (iii), the standards for emission or discharge of environmental pollutants specified under sub-rule (i) or sub-rule (ii) in respect of an industry, industry, operation o process before the commencement of the environment (protection) (amendment) rules, 1991 shall be complied with by such industry, operation or process by the 31st day of December, 1991. v) Notwithstanding anything contained in sub-rule (iii) an industry, operation or process which has commenced production on or before 16th May 1981 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards within a time bound program, to the satisfaction of the concerned State pollution Control Board, shall comply with such standards latest by 31st of December 1993. vi) Notwithstanding anything contained in sub-rule(iii) or sub -rule(v) an industry ,operation or process which has commenced production after the 16th day of May, 1981 but before the 31st day of December,1991 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards. Within a tie bound program, to the satisfaction of the concerned State Pollution Board shall comply with such standards latest by the 31st day of December 1992. HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989
i) The occupier and the operator of a facility shall be responsible for , proper collection, reception, treatment, storage and disposal of hazardous wastes ii) The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility under sub-rule(i) shall give to the operator of a facility such information as may be specified by the State Control Board. iii) It shall take the responsibility of the occupier and the operator of a facility, to take all steps to ensure that the wastes are properly handled, and disposed without any adverse effects to the environment. II) Packaging, Labelling and Transport of hazardous wastes i) The Occupier or Operator of a facility shall ensure that the hazardous wastes are packaged, based on the composition in a manner suitable for handling, storage and transport and the labelling and packaging shall be easily visible and be ale to withstand physical conditions and climatic factors. ii) Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules made by the Central Government under the Motor Vehicles Act, 1988, and other guidelines issued from time to time. III) Import and Export of hazardous wastes from any country to India and export to any other country for dumping or disposal shall not be permitted. IV) Save as otherwise provided, no person shall import or export hazardous wastes or substances containing or contaminated wit such hazardous wastes as specified in Schedule 8. V) Illegal Traffic: The movement of hazardous waste from to the country shall be considered illegal if; a) if it is without prior permission of the Central Government ; or b) if the permission has been obtained through falsification, misrepresentation or fraud; or c) It does not conform to the shipping details provided in the document. VI) Export of hazardous waste: The exporting country or the exporter as the case may be, hazardous waste shall apply 90 days in advance in form 7 to the Ministry of Environment and Forests, Government of India, seeking permission for the proposed export the trans-boundary movement. MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICALS RULES, 1989 I) The concerned authority shall- a) inspect the industrial activity at least once in a calendar year; b) except where authority is the Ministry of Environment and Forests, annually report on the compliance of the rules by the occupiers to the Ministry of Environment and Forests through appropriate channel; c) Subject to the other provisions of these rules, perform the duties specified in column 3 of Schedule 5.] These rules shall apply to- a) An industrial activity in which a hazardous chemical, which satisfies any of the criteria laid down in Part I of Schedule I . b) Isolated stage of a hazardous chemical listed in Schedule 2 in a quantity equal to or more than the threshold quantity specified in column 3, thereof. 2) Notification of a major accident: i) Where a major accident occurs on a site or in a pipeline, the Occupier shall [within 48 hours notify] the concerned authority as identified in Schedule 5 of that accident, and furnish thereafter to the concerned authority a report relating to the accidents in instalments, if necessary, in Schedule 6. iii) The concerned authority shall on receipt of the report in analysis of the major accident and send the [requisite information about within 90 days the Ministry] of Environment and Forests through appropriate channel II) Preparation of on-site emergency plan by the Occupier i) An Occupier shall prepare and keep up-to-date haw many major accidents will be dealt with on the site on which the industrial activity is carried on and that plan shall include the name of the person who is responsible for safety on the site and the names of those who are authorized to take action in accordance with the plan in case of an emergency. ii) The occupier shall ensure that the emergency plan prepared in accordance with sub-rule(1) takes into account any modification made in the industrial activity and that every person on the site who is affected by the plan is informed of its relevant provisions. III) Import of hazardous chemicals i) This rule shall apply to a chemical which satisfies any of the criteria in Part I of Schedule I ii) Any person responsible for importing hazardous chemicals in India shall provide [before 30 days or as reasonably but not later than] the date of import to the concerned authorities as identified in column 3 of Schedule 5. iii) The concerned authority at the State shall simultaneously inform the concerned port authority to take appropriate steps regarding safe handling and storage of hazardous chemicals while off-loading the consignment within the port premises. IV) Improvement Notices: i) If the concerned authority is of the opinion that a person has contravened the provisions of these rules, the concerned authority shall serve on him a notice requiring that person to remedy the contravention or as in this case may be, [the matters occasioning it within 45 days]. ii) A notice served under sub-rule(i) shall clearly specify the measures to be taken by the Occupier in remedying the said contraventions V) Power of the Central Government to modify the Schedules; The Central Government at anytime, by modification, in the Official Gazette, makes suitable changes in the Schedules. NOISE POLLUTION (REGULATION AND CONTROL)) RULES, 2000 I) The ambient air quality standards in respect of noise for different areas/zones: i) The ambient air quality standards in respect of noise for different areas/zones shall be specified in the Schedule annexed to these rules. ii) The State Government [shall categorize] these areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas. iii) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the air quality standards specified under these rules. II) Responsibility as to enforcement of noise pollution control measures: i) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule. ii) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise. III) Restrictions on the use of loud speakers/ public address system: i) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority. ii) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. and 6.00 a.m.) except in closed premises for communication within e.g. auditoria conference rooms, community halls and banquet halls. IV) Consequences of any violation in silence zone/area: Whoever, in any place covered under the silence zone/area commits any of the following offence; he shall be liable for penalty under the provisions of the Act i) Whoever, plays any music or uses any sound amplifiers ii) Whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or iii) Whoever exhibits any mimetic, musical, or other performances of a nature to attract crowds? V) Complaints to be made to the authority: i) A person may, if the noise level exceeds the ambient noise standards by 10dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority. ii) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and other law in force. VI) Power to prohibit, etc. continuance of music sound or noise: i) If the authority is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwells or occupies property on the vicinity, he may, by a written order issue such directions a he may consider necessary to any person preventing, prohibiting, controlling or regulating: a) the incidence or continuance in or upon any premises of- i) any vocal or instrumental music, ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, public address systems, appliance or apparatus or contrivance which is capable of producing or re-producing sound, or The carrying or in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise. ii) ........The authority empowered under sub-rule (i) may, either on its own motion, or on the application of any person aggrieved by an order made under sub rule (i) either rescind, modify or alter any such order. BIO-MEDICAL WASTE (MANAGEMENT AND HANDLING) RULES, 1998 These rules apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio-medical waste. I) Duty of the Occupier: It shall be the duty of every occupier of an institution generating -medical waste which includes a nursing home, hospital, clinic, dispensary, veterinary institution, animal house, pathological laboratory , blood bank by whatever name called to take all steps to ensure that such waste is handled without any adverse effect to human death and the environment. II) Treatment and Disposal: i) Bio-medical waste shall be treated and disposed of in accordance with Schedule I, and in compliance with the standards prescribed in Schedule V. ii) Every occupier, where required, shall set up in accordance with the time schedule in Schedule VI, requisite bio-medical waste treatment facilities like incinerator, autoclave, microwave system for the treatment of waste or, ensure requisite treatment of waste at a common treatment facility or any other waste treatment facility. III) Segregation, packaging, transportation and storage: i) Bio-medical waste shall not be fixed with other wastes. ii) Bio-medical waste shall be segregated into bags, containers at the point of generation in accordance with Schedule II prior to its storage, transportation, and disposal. The containers shall be labelled according to Schedule V. iii) If a container is transported from the premises where bio-medical waste is generated o any waste treatment facility outside the premises, the container shall, apart from label prescribed in Schedule III also carry information prescribed in Schedule IV. IV) Authorization: i) Every occupier of an institution generating, collecting, receiving, storing, transporting, treating, disposing and/or handling bio-medical wastes in any other manner, except such occupier of clinics, dispensaries, pathological laboratories, blood banks providing treatment/service to less than 1000 patients per month, shall make an application in Form I to the prescribed authority for grant of authorization. ii) Every operator of a bio-medial waste facility shall make an application in Form I to the prescribed authority for grant of authorization. V) Common disposal: Without prejudice to rule 5 of these rules, the Municipal Corporations, Municipal Boards or Urban Local Boards, as the case may be, shall be responsible for providing suitable in area under their the jurisdiction and in areas outside their jurisdiction of any municipal body, it shall be the responsibility of the occupier generating bio-medical waste/operator of a bio-medical waste treatment facility to arrange for suitable sites individually or in association, so as to comply with the provisions of these rules. DETAILED EXPLAINATION OF A FEW LAWS: Water Act 1974 and Air Act 1981 were followed by an umbrella legislation for environment protection namely, Environment (Protection) Act 1986. The latter was enacted to implement the decisions of the Stockholm Conference mentioned above. These Acts provide for the constitution of necessary regulatory agency, empower it and, the need for a no-fault compensation regime was felt. The Parliament accordingly enacted the Public Liability Insurance Act 1991. This Act makes it compulsory for the handler of hazardous substances, to take insurance cover to cater for the funds for providing expeditious relief to the persons affected by the accidents occurring while handling any hazardous substance. Thus the observations of the Supreme Court in Charan also provide for citizen's suit. During the handling of handling the Bhopal Gas leak case Lal Sahu vs. Union of India (1990 SCC 613 and AIR 1990 SC 1562) regarding creation of funds to take care of compensation awards. Further the National Environment Tribunal Act 1995 was made for administering an effective and expeditious relief and compensation for damages to human health, property and environment, arising out of handling the hazardous substances. This was followed by National Environment Appellate Authority Act 1997, to hear appeals with respect to notifications specifying the areas in which hazardous activities could be carried out in accordance with Environment (Protection) Act, 1986. Over the last few years the noise pollution is continuously increasing. Important contributors to the noise pollution are increasing traffic chaos, conspicuous display of wealth by using fireworks in marriages, functions and festivals, use of loudspeakers in religious and social functions and use of pressure horns by commercial vehicles. It may be noted that while the laws have been made regarding air and water pollution, protection of forests and wildlife, no specific law has so far been made to control noise pollution .Instead, by an amendment brought in 1987(Act 47 of 1987) the words 'including noise' were inserted in section 2(a) of Definitions under Air Act 1981. Later made Environment (Protection) Act gave rule making power to the Central Government vide section 6(2)(b) regarding maximum allowable limits of concentration of various environmental pollutants (including noise). These appear to give enough legal backing to State's effort in pollution control. It is submitted that quality of air has a relationship with the amount of pollutant, which according to Environment Act 1986 (see definition at section 2. (b) ) have to be solid, liquid or gaseous substance present in the atmosphere. It is obvious that noise pollution which is due to undesirable sound energy in air is certainly not a particulate or gaseous matter. The definition of Air pollution in section 2(a) of Air Act is similarly flawed where the noise is included as a pollutant as a subset of particulate matters. It is difficult to say if such unscientific definition would stand the test of reason in a court of law.
Our Constitution by an amendment in 1976 (42nd Amendment) provides for environment protection as a Directive Principle of State's Policy under Article 48(A) and as a fundamental duty for all citizens of India under Article 51(A). A Part IV "Directive Principles of State Policy"- Article 48(A): Protection and improvement of environment and safeguarding of forests and wildlife. "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country". B Part IV (A) "Fundamental Duties"- Article 51(A): It shall be the duty of every citizen of India. (g) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures" In incorporating environment related provisions in the Constitution, our Country has stolen a march over most of the Countries of the world. Further by The Constitution 74th Amendment Act, 1992, it has been laid down that District Planning Committees (Article 243ZD (3)) and Metropolitan Planning Committee (Article 243ZE (3)) shall have due regard to 'environmental conservation' in preparing the development plan. From 1980 onwards there has been a spate of public interest litigations (PIL) on the environment protection and pollution issues .Many of these were initiated or joined by noted environmentalist and lawyer Shri M.C.Mehta . Few landmark cases involving substantial environmental issues are listed below- Ratlam Municipality Case 1980 1. Bhopal gas leak case 1984 2. Shriram gas leak case 1985 3. Dehradun valley case 1985 4. Irish Butter Case 1987 5. Taj Bengal Case 1987 6. Taj Trapezium Case 1997 7. Forest Conservation Case (T.N.Godavarman Thirumulkpad v. Union Of India) 1997 Out of above list let us now discuss three cases, which are important from the angle of setting new trend in litigation in Environment Pollution cases in India. 1. Bhopal Gas Tragedy- In the early hours of 3rd December 1984, Methyl Iso Cynate (MIC) leaked (40 tons) from the storage tank of Bhopal Plant of Union Carbide, causing wide spread pollution in Bhopal city and its suburbs. Estimated 3,500 people who were present in the pathway of the dispersing chemical died and as many as 200,000 others were injured-many seriously and some permanently. Government of India, taking action on behalf of the victims first tried unsuccessfully to sue the Principals Union Carbide Corporation in an American court (Southern District Court of New York) for US$ 3 Billion damages. Later the issue was tried in Indian Courts and on 14 February 1989, the Supreme Court induced the Union Carbide and Indian Government to come to an overall settlement of the claims at US$ 470 million. Supreme Court also in exercise of its extra ordinary jurisdiction terminated all the civil, criminal and the contempt of court proceedings arising out of Bhopal Tragedy and pending in the subordinate courts in India. Criminal charges were however reinstated later, in October 1992 (reported in UCC vs. UOI AIR 1992 SC 248). This criminal case of criminal homicide not amounting to murder against UCC officials is still (in July 2003) not over. The Bhopal District Court attached Carbide's shares in UCIL. Carbide got away by registering a charitable trust in London and pledging the attached shares to the trust. Later its highly reputed sole trustee was able to persuade Supreme Court to allow him to sell the attached shares to enable him to build a hospital in Bhopal. The tragedy brought to the fore the fact that no disaster management plan was available to meet this disaster, no one knew how to contain the damages inflicted by the lethal gas, and that the institutional frame works both for immediate and long-term support were remarkably weak. The law of torts in India was quite underdeveloped and was hardly applied to cases other than MV Act cases. Interestingly Government of India's public sector undertakings, LIC and UTI had 22% shares in the Indian subsidiary UCIL, which owned and operated the Bhopal Plant. Govt. of India and the State government of M.P. were also suspected to be guilty of contributory negligence in this case. 3.2. Shriram Gas Leak Case- by a writ petition (12739 of 1985) M.C. Mehta filed a PIL to close and relocate Shriram's caustic chlorine and sulphuric acid plants away from thickly populated section of Delhi. On December 4, 1985 one month after the filing of PIL, Oleum gas leaked out from the same complex affecting several people. District Magistrate Delhi made order under section 133 subsection (1) of Cr.P.C., directing and requiring Shriram to cease carrying out manufacture of Hazardous and lethal chemicals including Chlorine, Oleum, etc at their establishment at Delhi. Inspector of Factories, Delhi on December 7, 1985 passed order under section 40 sub section (2) of Factories Act 1948, prohibited Shriram from using the Caustic chlorine and sulphuric acid plants till certain conditions are met. Assistant Commissioner (Factories) of Municipal Corporation of Delhi on December 13, 1985 issued a show cause and subsequently on December 24, 1985 directed Shriram to stop the industrial use of the premises at which the chlorine caustic plant was located. The Court by itself constituted two expert committees and also allowed the Government to form one committee. In its judgment (February 17,1986 and subsequent orders) the court tried to strike a balance between the requirements of employing science and technology to improve the quality of life and the elimination of risk by hazardous products of the industrial activity. 3. Ratlam Municipality Case: This trend-setting judgment was delivered by Justice Krishna Iyer (AIR 1980 SC 1622) in Municipal Council, Ratlam vs. Vardhichand. The Sub Divisional Magistrate, Ratlam made direction under section 133 Cr.P.C. to the Municipal Council Ratlam to abate the public nuisance of cesspools and stinks by constructing drain pipes with flow of water to wash the filth and stop the stench. Instead of complying with the order, the Municipal Council chose to plead inability to comply on grounds that it had no sufficient funds. The Supreme Court held that section 133 has no saving clause when the municipal council is penniless. Appreciating the Magistrate for his activist application of section 133, the Court passed order to the Council to carry out the directions in a time bound manner and remove the entire nuisance. The court held that though the Code of Criminal Procedure and Indian Penal code were of ancient vintage, the new social justice orientation imparted to them by the Constitution of India makes it a remedial weapon of versatile use. One important point to note is that some assault on environment is unavoidable, when we take up the developmental work like establishing a industrial area, laying of railway track, creating Hydel projects and clearing the forest for human habitation. However while doing so we can still ensure that the overall ecological balance is maintained, say by planting trees, preventing soil erosion and treating the effluents before discharging them into the rivers .The issue was discussed at length in- 4. Dehradun Valley litigation case: (Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh AIR 1985 SC 652) and Calcutta's Taj Bengal Case Sachidanand Pandey vs. State of West Bengal AIR 1987 SC 1109. In the later case the Court appreciated that "there is every chance of the ecology and environment improving as a result of planting numerous trees all around the proposed hotel and the removal of the burial ground and dumping ground for the rubbish." In a significant judgment on the leak of oleum gas from a factory located in the thick of Delhi, M.C. Mehta vs. Union of India AIR 1987 SC 965, Chief Justice P.N. Bhagwati in his judgment stated " when science and technology are increasingly employed to producing goods and services calculated to improve the quality of life, there is certain element of hazard or risk inherent in the very use of science and technology and it is not possible to totally eliminate such hazards or risks altogether." Let us now discuss the role, which the different agencies of the Criminal Justice System could play in meeting the challenges of increasing imbalances in the eco-system and increasing environment pollution. ROLE OF DIFFERENT AGENCIES IN PROMOTING ENVIRONMENTAL PROTECTION AND ECOLOGICAL BALANCE Role of Magistracy-The preventive sections of Cr.P.C. from section 133 to section 144 interalia provide the remedy for public nuisance. Section 133 empowers the magistrate to pass a conditional order for the removal of a public nuisance in a fixed time frame. Supreme Court in its order in judgment of case Municipal council, Ratlam vs. Vardhichand AIR 1980 SC 1622 interpreted the language of this section and decided that once the magistrate has before him the evidence of a public nuisance, he is bound to order its removal. The person so directed shall either comply or show cause. Court can call for expert evidence. It can pass injunction pending an enquiry. Once the court is satisfied that the initial order is proper it can make the order final. Water Act, 1974 provides (section 33) that in case of apprehended pollution of water in streams and wells, the Board can make an application to a court not inferior to that of a metropolitan magistrate or a judicial magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing. On receipt of an application, the court may make such order as it deems fit. While making the order restraining any person from polluting the water, it may in that order direct the person who is likely to cause or has caused the pollution to desist from taking such action as is likely to cause pollution or to remove such matter from the stream or well. Where the order for removal of the matter is not complied, it may authorize the board to undertake the removal and disposal of the matter at the cost of that person. Failure to comply with the direction of the court is punishable under section 41 of the same act. Almost similar provision to restrain the air polluters, is available for the courts in Air Act, 1981 vide section 22-A. However there is no parallel section to that of section 41 of Water Act, in the Air Act to make the non-compliance of court order punishable. Role of Higher Courts- The courts have gone in quite depth into the issues concerning environment pollution through the cases brought before them. For example the preservation of ecological balance (in this case to preserve the flight path of migratory birds) was extensively discussed in Taj Bengal case of which the judgment is long and detailed one. This was in spite of the fact that the most of the issues were already resolved through negotiations. Another interesting case is the various orders and judgments issued in the case of Bhopal Gas tragedy. Judge Deo of Bhopal district court ordered Union Carbide to pay interim compensation of Rs. 350 Crores to Union of India for distribution amongst the victims of Bhopal Gas Tragedy. Later the High court took support of English Rules of court, as "one of the important sources of 'light' for the growth and development of the Indian common law", to create an entitlement to interim compensation. In Shriram case the Supreme Court framed the doctrine of Absolute liability, admitting no defences, when the polluter company was engaged in manufacturing hazardous chemicals. This was cited and applied in Bhopal Gas case, by the Madhya Pradesh High court. In Dehradun Quarrying case the Supreme Court went out of way and constituted a monitoring committee to oversee the implementation of its orders and provided the mechanism for its funding as well. The courts have so far allowed the projects affecting the environment to be executed, provided the government has applied itself to all the issues and provided the remedies. For example after analyzing all the issues the High court of Kerala, in the Silent Valley Case (Society for Protection of Silent Valley vs. Union of India and others, O.P. nos. 2949 and 3025 of 1979), stated "it is enough to state that we are satisfied that the relevant matters have received attention before the government decided to launch the project. There has been no non-advertence of the mind to the salient aspects of the project. We are not to substitute our opinion and notions on these matters for those of the government. We find no reason to interfere. We dismiss these applications with no order as to costs." Similarly Supreme court in Tehri Dam Case opined that " Government has already fully considered every aspect of the project including its safety….we do not find any reason to issue a direction restraining the respondents from proceeding ahead with the implementation of the project. The petition therefore fails and is accordingly dismissed with no orders as to costs." Role of the participants: Citizens, Government, Police, Organizations and Judiciary are some of the participants of ecology and environment phenomenon Citizens of India have been sensitive to the issue of maintaining the right balance among the different components of Natural eco-system. Any assault on disturbing the eco-system has been strongly resisted. One fine example of such initiative is the public response to save the trees movement commonly known as Chipko Andolan . For the first time the citizen's role in fighting the pollution has been recognized in the Environment Act, 1986. Later similar provisions for citizen's suit were added to the Water Act and Air Act by amendment made to the Acts in 1988 and 1987 respectively. Vide section 49 of the Water Act, any person by giving a notice of not less than sixty days, of the alleged offence and his intention to make a complaint, to the board or officer authorized in this behalf, file a complaint of offences under the Water Act to the court. The citizen has no right to enter the factory premises for the purposes of collecting samples or other evidence, this power continues to be vested with the Board or the authorized officers. The board shall however, on demand by such person make available the relevant reports in its possession to that person. It may however refuse to make such reports available if the same in its opinion is against the public interest. Similar provisions are there in section 43 of the Air Act 1981 as amended by Act 47 of 1987. Interestingly while the later created Environment Act 1986 also has a provision for citizen's litigation (section 19) but it does not have the provision of obligation to furnish information, reports etc. to the complainant as provided in the Water and Air Act. 42nd amendment in 1976 inserted Article 51-A in the Constitution of India casting duties on the citizens in matters of protecting the natural environment. High court in L.K. Koolwal vs. State of Rajasthan AIR 1988 RAJ 2 interpreted this duty as creating a right in favour of citizens to move …the court to see that the State performs its duties faithfully. Role of Police- After the enactment of Water Act, Air Act and Environment Act, the primary role of environment protection is that of Pollution Control Boards and the authorized officers. However this does not take away the duty of police to take action against those who commit the offence (see section 31 of The Police Act 1861) of throwing dirt, filth, rubbish etc. into the street or who causes any offensive matter to run from any house or factory into the street. If any person commits such offence in view of the police officer, he can take the offender into custody without any warrant. He is also duty bound (see section 23 of Police Act 1861) to prevent the commission of public nuisance, which the most pollution incidents create. Further if the Magistrate enquiring into any complaint regarding Cr.P.C.. Section 133 to 144 matters ask police to assist, the police is bound to carry out such orders.) Of the Motor Vehicle Act 198Chapter XIV of the Indian Penal Code 1860, deals interalia, with offences affecting public health and safety. Sections 269, 270,277,278,284,285 and 286 of the Code being cognizable offences, cast obligation on Police to act, even on suo-moto basis. These offences are in relation to acts of public nuisance, of negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, fouling water of public spring or reservoir, making atmosphere noxious to health and negligent conduct with respect to poisonous substance, fire or combustible matter and explosive substance. It is the duty of Police to take suitable legal action in all above cases as per law. Section 268 of the Code defines public nuisance and section 290 (though non-cognigible) provides punishment for public nuisance in cases not otherwise provided for. Use of these provisions can also control noise pollution . Police can also make a report (see rule 8) to the 'Authority' prescribed under Noise Pollution Rules, 2000 regarding a music sound or noise to prevent annoyance, disturbance, discomfort, or injury or risk of it to the public or neighbours so that the authority could consider taking suitable action regarding the continuance of music sound or noise Suggestions and Conclusions- While the central government has already come out with a number of legislations to tackle the pollution related issues, post-Bhopal Gas tragedy, there is need to develop sensitivity on the issue of environment pollution and the plight of victims of environment pollution. Some areas in which the criminal justice functionaries could help directly or indirectly are as below- i. The supervision of emissions and effluent's pollution contents is with the Board and the authorized officers. If they work diligently the problem of pollution can be kept under control. Licensing authorities should ensure that all the conditions laid down in different environment protection legislations, including Public Liability Insurance Act 1991 are fulfilled, before the license for establishing a factory is granted. ii. The assignment of industrial area in any new town is generally with the town development authority. They can ensure that the polluting industries are so located that they are away from the thick of residential areas. Another way could be to leave sufficient green belt between the two types of land use as a natural buffer. This will ensure that even if there is accidental leak of the type of Bhopal Gas tragedy, there is time available to warn the residential areas and the green belt plantations absorb larger part of the hazardous pollutant. iii. Grant of interim relief to the victims of pollution should be made on priority. The cases may be heard expeditiously and the offender is nailed. The punishment should not only be deterrent, it should also be retributory and should provide adequate compensation to the victims for their loss, distress and injury. Injunction, damages including special and exemplary damages should be awarded for this purpose. The doctrine of larger the polluting company, larger the punishment should be followed. Else the fine that might be backbreaking for one company might not even pinch a little to another company. iv. The Directive Principles of the State Policy may be used as support for giving an environment supportive interpretation of the legislations. Ratlam case (Municipal Council of Ratlam vs. Vardhichand AIR 1980 SC 1622) judgment should be a role model for all the courts. In this case the Supreme Court employed a number of methods to implement its directions such as fixing deadlines, rebuking the Municipality for taking an anti-people and anti environment friendly stand, approving a pollution control scheme and issuing direction to carry out the scheme at the pain of contempt of court in case of wilful breach of its orders. v. It has been noticed that whatever compensation is made available; the same does not reach to the actual victims. A larger part is siphoned away by the middlemen and false claimants. Secondly the schemes for relief are made so grandiose that they take inordinately long to be completed. In the meantime, the victims suffer and no interim arrangements are made. It should be ensured that the concern of victim is uppermost in the mind while devising any scheme for relief of pollution victims. They may also prepare and keep updated the disaster management plans specific to the hazardous plants in their area. The district magistrates may over-see the disposal of hazardous material in their area. Common man must be educated about the ill effects of pollution and briefed about the ways in which the individual can contribute in protecting the environment. vi. On the law making front three important tasks which need to be taken up immediately are i. Make a comprehensive and specific law to cover the cases of noise pollution. ii. Remove sixty days notice requirement for launching cases in case of public interest litigation under Environment Act,(see section 19(b) ) Air Act (see section 43(1)(b))and Water Act (see section 49(1)(b)). iii. Remove strange provision of section 24 (2) from Environment Act, which asks that if the same activity is offence under any other Act then, it shall be punished under that other Act and not under the Environment Act. Thus, it is seen that laws relating to Control of Environmental Pollution are undergoing continuous improvement. Wherever the legislature is found wanting, the Courts have stepped in to support in favour of quality environment. Now it is the bounden duty of every citizen to ensure protection and improvement of the natural environment. MANAGING FRAGILE ECO-SYSTEMS: Managing Fragile Ecosystems: We need to analyze issues related to Health and Recreation, Land use, Habitat Loss, and Bio-Diversity, Economic Analysis, Generating and Strengthening Knowledge about the Ecology, Promoting Integrated Watershed, Development, Agricultural Policy Review, Planning and Integrated, Ensuring People's Participation and Promoting Human Resource Development for Sustainable Agriculture, Improving Farm Production and Farming Systems . NATIONAL RESPONSES TO ENVIRONMENTAL POLICY: Protection of Nature May Lie in Taxes, Environmental Policy and New Generation, Writing Classroom Materials that make the grade, European Community, Italy, Netherlands, Nepa (1969), Canada, Clean Air, Oman, India, Amazon, New Zealand, Commitment to Conserve, Quango Changes, Australia. DEVELOPED AND DEVELOPING COUNTRIES PERSPECTIVE TO ENVIRONMENTAL POLICY: Northern Perspective, An Environmental Marshall Plan, Trends in Developing Countries, Asia-Pacific Region, Africa, Latin America and the Caribbean, Southern Perspective, Reluctance to Change Lifestyles, Crumbs of Aid. THE EARTH SUMMIT: A Statement by Ingvar Carlsson, Prime Minister of Sweden, A Statement by Fernando Collor, President of the Republic of Brazil, New American Agenda, NGOs Question Governments' Ability to Cope with Environmental Crisis, NGO Document Presented to Government Delegates, NGO Statement on Debt, Whither the Road from RIO?, Role of NGOs,: GLOBAL ENVIRONMENTAL FACILITY AND OTHER FUNDING INSTITUTIONS: Making, Agreements and Disagreements, Small Majority, Replenishment and Restructuring, The Japan Fund for Global Environment, GEF Funding and the South, Role, Definition and Extent of International Waters, The Emerging Global Problem, The GEF Perspective, Conventions Relating to International Waters and the GEF. LAND DEGRADATION, DEFORESTATION AND LAND RESTORATION: Displacement of Soil Material by Water, Chemical Soil Degradation, Physical Soil Degradation, Severity of Soil Degradation, Other Agents of Land Degradation, Strategies for Retention of Tropical Forests, Open-Land Resources: Forests, Rangelands, Parks, and Preserves, Victims of Conservation, Conflicting Interests, A Wider View of Values, Rain Forests : Drosophila can Monitor Habitat Change. DESERTIFICATION AND HABILITATES: Causes of Desertification, Contemporary Deforestation and its Causes, Programme Areas: Basis for Action, Objectives, Activities, Management-Related Activities, Data and Information, International and Regional Co-operation, Means of Implementation, Financing and Cost Evaluation, Scientific and Technological Means, Human Resource Development, Capacity-Building. WATER RESOURCE MANAGEMENT: Strengthening the Knowledge based Developing Information and Monitoring Systems, Protection of Water Resources, Water Quality and Aquatic Ecosystems, Drainage of Wetlands, $ Needed for Wetlands, Agriculture, Drinking-Water Supply and Sanitation, Objectives, Activities, Means of Implementation, Financing and Cost Evaluation, Scientific and Technological Means, Human Resources Development. COMBATING DESERTIFICATION GLOBAL RESPONSE AND COST INVOLVED: Preamble, Principles/Elements, Rights to Timber and Minor Forest Produce, Life on Earth : Mapping Conservation Priorities, Agriculture and Fisheries, Program Areas : Agricultural Policy Review, Planning and Integrated Program, Ensuring People's Participation and Promoting Human Resource Development, Improving Farm Production and Farming Systems Through Diversification of Farm, Land-Resource Planning, Information and Education for Agriculture, Land Conservation and Rehabilitation, Conservation and Sustainable Utilization of Plant Genetic Resources, Conservation and Sustainable Utilization of Animal Genetic Resources.
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