Pollution and Its Kind
Pollution and Its Kind
Introduction:
‘Man is both creator and moulder of his environment, which gives him physical
sustenance and affords him the opportunity of intellectual, moral, social and
spiritual growth.
In the long and tortuous evolution of the human race on this planet, a stage has been
reached when, through the rapid acceleration of science and technology, man has
acquired the power to transform his environment in countless ways and on an
unprecedented scale.’
Thus, the natural environment, i.e. air, water, land, trees, plants, animals, micro-
organisms, rivers, lakes, mountains, etc., is adversely affected by man-made
environment, by scientific and technological advancements through various
inventions and discoveries. Industries, particularly chemical industries, development
in the field of atomic energy, concrete jungles, excessive use of fossil fuel and rise in
quality and standard of life resulting in exponential growth of population has badly
affected the natural environment.
Now, a point has been reached in history when we must shape our actions throughout
the world with a more prudent care for their environmental consequences. Through
ignorance and indifference we can do massive and irreversible harm to the earthly
environment on which our life and well-being depend. To defend and improve
the human environment for present and future generations has become an imperative
goal for mankind - a goal to be pursued together with, and in harmony with, the
established and fundamental goals of peace and of worldwide economic and social
development.
Meaning and Definition of Environment:
The term environment is derived from a French word ‘Environia” which means to
surround. In other words environment can be defined as the sum total of all the living
and non-living things and their effects that influence human life.
In layman’s words, environment refers to the physical elements. It includes the land,
water and air. It is the living ecosystem that maintains the existence of human life.
Destruction of the environment can lead to various calamities. In order to prevent
such disaster or calamities, laws are implemented to protect the environment for the
livelihood of present and future generations
The environment is everything that surrounds us. It is the surrounding conditions,
influences, or forces, by which living forms are influenced and modified in their
growth and development. The presence of offensive, but not necessarily infectious,
matter in the environment is called Environmental Pollution. For example, pollution
may be by specific organic or inorganic chemicals, by physical agents such as dust,
volcanic fallout, smoke, automobile fumes, radioactive material and animal feces and
urine.
Natural Causes
Drought, flood, cyclone, earthquake, molten lava of volcano, hurricane, twister,
torrents, epidemic are the main natural causes / factors which cause
environmental pollution. Since they are agents of nature and man has no control
over them, they are known as natural causes.
Man-Made Causes
There are four main man-made causes:
1. Population growth
2. Poverty
3. Urbanization
4. Industrialization
Population Growth
‘The Earth is finite and world population is infinite’. Every new face consumes lots of
natural and non-natural products, which are also ultimately provided after exploiting
natural resources. Thus, every birth increases the consumption of natural resources. But
it is true that ‘a finite world can support only a finite population.’ In other words natural
resources shrink as people multiply. The world’s population has grown almost
fivefold from 1.17 billion to 5.1 billion in this century.
The rise in urban population is at a very high rate. This indicates an increasing
demand for fuel, food, water, pollution - free air, space to live in and healthy
conditions of life. Increasing population of urban areas has created the problem
of land pollution, air pollution, water pollution, unsanitary conditions, slums - all
cumulatively adversely affecting the quality of life. This is why Kolkata and Delhi
are rated as ‘choked cities’.
The Supreme Court had to order shifting of polluting industries from Delhi and not to
ply vehicles which are more than 15 years old. Continuous rise in population has
enhanced the density of population in various areas which has also created various
social, physical and psychological problems for the people. Space required for the
population has also resulted in deforestation and disappearance of vegetation cover,
which is only 13% of the total area against 33% which is very essential. Increasing
population also results in poverty which is also a cause of pollution. Daily increase in
population means more coal, diesel, petrol to burn, more iron and other metals for daily
use, more means of transportation creating air pollution, more clothes to put on which
also use up natural resources, more furniture and paper to use which in turn result in
cutting of more space for trees, more space to live in, more water to drink and for
agricultural purposes. As a matter of fact increased population of India has caused
housing problems, shortage of food and transportation, unsanitary conditions, loss
of nutritious food.
All this cumulatively affects the quality of life which is implicit in the Right to Life
in Article 21 of the Indian Constitution.
Thus, all this makes an impact on the human environment. For example, if we
want to increase food production, pesticides will be used which may yield more
production but cause chemical pollution of land, water and air and hazardous
waste. Disappearance of vegetation cover has also reduced the animal kingdom.
It is also to be noted that ‘sustainable development is closely linked to the dynamics
of population growth’.
Poverty
Poverty contributes equally to both population growth and environmental
pollution. ‘Poverty’ has been defined as ‘the inability of an individual or household
to attain a minimal standard of living.’ The poor usually have low life expectancy,
high infant mortality, higher incidence of disablement and higher consumption of
natural resources in the form of food, fodder and fuel. Unhygienic and unsanitary
conditions are another by-product of poverty affecting human health. Poverty reduces
people’s capacity to use resources in a sustainable manner, it intensifies pressure on the
environment.
Sadly, the impoverishment of the poor is accompanied by simultaneous and
systematic erosion of the basic means of their subsistence, the environment, with its
life-supporting natural resources-land, water and forest. It has now aptly been observed
that we need no magnifying glasses to see how inextricably the poor and poverty are
linked to the environment. Planned and unbridled destruction of forests has affected
the poor, nomadic groups and tribes in forests and who fulfill their fundamental needs
from the forest and its products. Thus, if trees disappear, rains will be scarce, water
resources will dry up, water table would go down-food, fodder, fuel will not be
available, and, lastly, destruction of vegetation means increased chances of drought
and dry season. It may be slow but definite destruction of human environment,
because poor in rural areas totally depend upon forests and their products.
In urban areas, problems of slums, pavement dwelling, unsanitary conditions,
commotion, shortage of food, increased demand of coal, firewood and kerosene, shelter
and energy are intimately connected with poverty leading to environmental
degradation and human health problems. Therefore, the need of the times is some
strategy including legal strategy to contain the problem of poverty and to have
sustainable development and healthy environment.
In the case of Olga Tellis v. Bombay Municipal Corpn., the Supreme Court
observed that before pavement dwellers and slum dwellers are evicted they must be
provided alternative sites with basic amenities like water, community latrines, paved
streets and lighting as to guarantee wholesome environment under the expanded
horizon of the right to life.
Urbanization
Rapid and unplanned urbanization had also contributed to environmental pollution
and degradation of human environment. This is the result of rapid population growth
and unending migration of the poor from small towns and villages to urban centres.
Now more than one-fifth population of the nation lives in urban areas. Therefore,
urban population of metropolitan cities is increasing day by day. Slums are a major
problem of big cities and significant contributors to environmental degradation.
The case of L.K. Koolwal v. State of Rajasthan highlighted the insanitary
condition prevailing in Jaipur. The Court gave six months time to clean up the city as it
was the primary, mandatory and obligatory duty of the Municipality to clean the city
and remove filth. The plea of poor finance and paucity of staff cannot be the reason
for non-performance of the statutory duty. It was observed by the Court that
keeping the city unclean and non-removal of filth amounts to violation of Right to Life
under Article 21 as it amounts to slow poisoning and reducing the life of the citizen
because of the hazard created.
Industrialization
Industry is the axis to gear up the economy of a modern society - known as
the indispensable motor of growth and development. On the other side, it has been
identified as a major source of environmental degradation and pollution. Therefore,
‘development without destruction’ and ‘sustainable development’ are the crying needs
of the day. ‘The problem we face is how to strike a balance between the benefits
of rising standard of living, and its cost in terms of deterioration of the physical
environment and quality of life. In the past the danger of polluting air, water and wind
was not fully recognized, but now there is no doubt that it is a matter of great concern.’
The famous Minamata disease in Japan (1956), the Bhopal Gas Tragedy (1984), the
Hiroshima bombing of 1945 have all shown that industrialization has posed a serious
threat not only to human beings but also to animals, aquatic life and vegetation
cover. On one hand industrialization has helped us to raise the standard and
quality of life, on the other it has deteriorated the environment. Thus, pollutants
enter the environment through human activity. Acid Rain is one of the worst possible
forms of pollution which is a result of industrialization.
Industries degrade the environment and pollute it in the following ways:
1. Use of natural resources by industries destroys nature and affects the natural
environment. The great demand and need of industries has resulted in
overexploitation and stress on natural resources.
2. Residues of industries known as effluents are released in water and land without any
treatment which pollutes the water and land, affecting the aquatic life and
underground water.
3. Fossil fuel used by industries like coal, kerosene, diesel and atomic energy
also pollutes the air in the form of smoke and radioactive particles.
4. Noise, also a major by-product of industries and industrial products, causes
noise pollution.
5. Industrial wastes - particularly hazardous waste and radioactive waste - have
also become a major environmental pollution problem.
Water Pollution:
Water pollution is the contamination of water bodies with man-made affluents,
chemicals, waste, etc. Such disposal is harmful for humans and the living organisms in
such water-bodies. There are instances of where the court has stopped an industry from
functioning due to improper disposable of waste in the locality. The effect of water
pollution often leads to death, skin rashes, pinkeye, respiratory infections, tuberculosis,
etc. Three-fourth of the Earth is covered with water. But less than 1% of the earth’s
freshwater is accessible to us.
Air Pollution:
“Air pollution is the release of pollutants such as gases, particles, biological molecules,
etc. in to the air that is harmful to human health and the environment.”
In other words, it refers to the contamination of air by harmful gases, dust and smoke
which affect biotic and abiotic things. It is necessary to maintain the correct amount of gases
present in the atmosphere such as 78% of nitrogen, 21% of oxygen and the remaining is other
gases. When there is an increase of other gases in the atmosphere it can result in global
warming, ozone layer depletion, cancer diseases, breathing issues, skin problems, acid rains,
asthma, etc.
For example: Delhi is the existing example of air pollution. It causes a new weather in
Delhi know as smog which is a mixture of smoke (emitted from vehicles, factories and other
sources) and fog. It causes serious health issues for the people living there.
Section 2(a) defines ‘air pollutant’ as any solid, liquid or gaseous substance that may
be harming or injuring the environment, humans, other living creatures, plants or even
property. Through the 1987 Amendment, noise was also included in the list of
substances that are deemed to be harmful to the environment. Therefore, this Act also
provides for the regulation of noise pollution.
Section 2(b) defines ‘air pollution’ as the presence of any air pollutant in the
atmosphere.
Land Pollution
The basic definition of land pollution is the destruction and contamination of the land through
the direct and indirect actions of humans. The pollution results in changes to the land, such as
soil erosion. Some of the changes are irreversible, while others are not. This pollution is on-
process and the effects such pollution will be evident at an unexpected situation. The land is
abused and deteriorating constantly. This is caused by the solid wastes, untreated chemical
affluents, etc. In other words, it is the degradation or destruction of the soil and groundwater.
Causes of Land Pollution
1. Deforestation and soil erosion
When forests are cleared for development and to meet the demand for wood supply, the soil is
loosened in the process. Without the protection of the trees, the land becomes barren over time
and starts to erode.
2. Agricultural chemicals
Part of the farming process often involves the use of harmful pesticides and insecticides to
protect crops. However, the chemicals can cause the land to become barren. The once-fertile
soil is then more susceptible to environmental elements, such as the wind.
3. Industrialization
The Industrial Revolution may have resulted in significant positive changes to the economy
and society, but it also led to significant pollution of the land. Through unsafe disposal practices
for chemicals used in manufacturing, poor regulation, and the overwhelming number of
industries and factories that are polluting the land daily, industrialization has become one of
the main contributors to the pollution problem.
4. Mining
The mining process can lead to the creation of large open spaces beneath the surface of the
earth. This can result in the land caving in, which compromises the integrity of the land. Mining
also results in harmful chemicals, such as uranium, being disturbed and released into the
environment.
5. Landfills
The garbage found at landfills is filled with toxins that eventually seep into the earth. During
rains, the toxins are washed into other areas and the pollution is spread. As the population
grows, the amount of garbage filling landfills also grows.
6. Human sewage
Untreated human waste can produce toxic gases that can seep into the ground. As with air
pollution, the soil quality is negatively impacted, and land nearby can be contaminated. In
addition to this, the probability of human illnesses occurring increases.
Noise Pollution:
Noise can be defined as unwanted or undesired sound. Noise is non-harmonious and but even
music played loudly can also become noise.
Causes of Noise Pollution:
Noise pollution is generally a by-product of action. Noise pollution is a consequential event
so noise pollution definitely has a source.
Sources Of Noise Pollution.
Traffic Noise- Except for the new generations of electric cars and bikes almost all the vehicles
release a high amount of noise. India is already the second most populous country in the world
and a lot of people own either a four-wheeler or a two-wheeler vehicle or both. A normal car
releases around 85 dB of noise and a bike releases around 90 dB of noise. Additionally, Indians
have a bad habit of honking the horn of their vehicles which additionally causes much more
noise pollution.
Air-Craft Noise- Passenger planes, cargo planes, low flying military aircraft all of them
combine together to cause more noise pollution. Initially, passenger planes were out of the
picture but with new airports building near housing societies, the passenger planes are causing
more problems than ever.
Noise due to commercial and industrial activities- Globalisation and Modernisation of India
has led to an emphatic increase in a number of large industries and low-level industries. Most
of the industries require heavy machinery to work and function. Even though industries do not
affect communities that much but the noise pollution.
Noise from social gathering or event- Parties, religious ceremonies, clubs etc they all fall
under the category of social gathering or event. Even such social gatherings also create quite a
nuisance and cause a considerable amount of noise pollution.
Household noise- The scope of noises from household sources are too large but some typical
examples would be barking of pet dogs, playing loud music at your house, usage of various
kitchen appliances and more. Even such actions cause noise pollution in the environment.
Harmful effects of noise pollution
Whatever the source may be for noise pollution but the fact is noise pollution is harmful to
human beings, animals and the environment as a whole. Initially, noise pollution was not
evident and it did not cause much concern but in the last century noise pollution has been
pervasive and intense. The harmful effects of noise pollution are as follows:
1. Lack of concentration- Noise pollution results in lack of concentration in many
individuals. If a work environment is quiet then it leads to higher productivity of a
person. High level of noise can cause headaches which can act as a barrier for a high
level of concentration.
2. Blood pressure- Noise pollution increases the tension in a human being. These tensions
further put pressure in a person’s mental health and as a result, it leads to high blood
pressure.
3. Abortion- During the delivery of a baby there is an absolute requirement for a cool and
calm environment, if there is too much noise then it irritates the baby and it can actually
lead to abortion.
4. Deafness- This is easily one of the most common harmful effects of noise pollution. If
a person exposes themselves to a high level of noise for an extended period of time it
can easily cause temporary or permanent deafness in a human being.
5. Effects on plants and crops- Plants are similar to human beings and even they are
sensitive to loud noises. When crops are exposed to too much noise then the quality of
the crops drastically reduces.
6. Effects on animals- Noise pollution is particularly very dangerous for animals. Their
nervous system is damaged due to noise pollution. Since they do not have the
intelligence of humans so they are much more vulnerable to the ill effects of noise
pollution compared to human beings.
Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association,
2000 Cri.LJ 4022
The apex Court held that the noise pollution rules would apply even if such noise was a direct
result of and was connected with religious activity. The Court observed that undisputedly, no
religion prescribes that prayers to be performed by disturbing the peace of others nor does it
preach that they should be through voice amplifiers or beating of drums.
In this case, the Court further opined that 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 daytime or other persons carrying on other activities cannot be permitted.
The Court stressed the need to honour the rights of aged, sick, people afflicted with psychic
disturbances as well as children up to 6 years of age as they are considered to be very sensitive
to noise.
Own Motion v State of Tripura, WP(C) No.508/2018 This case is concerned with grievance
of some students in their letter addressed to the former Chief Justice about unauthorized use of
loudspeakers at night affecting their studies. The Court took it as writ petition in the public
interest. The Court observed that any noise having effect of materially interfering with the
ordinary comforts of life judged by standard of a reasonable man to any noise having effect of
materially interfering with the ordinary comforts of life judged by standard of a reasonable man
to nuisance. The Court held that it is the duty of the State Government to ensure strict
compliance with law in this regard.