That Unfaltering Foul Pollution – Agony of Earth : View of a Law Student

That Unfaltering Foul Pollution – Agony of Earth.


Sooner or later, we will have to recognize that the Earth has rights, too. History says that mankind comprises of two kinds of components ie. Men and women but crucially now it has become a mandate to include the environment too. The concurrent list of the Indian Constitution includes environment. There is no other standpoint in believing that environment has got its own rights. The concern for future ecological disaster has grown while examining the societal heritage values, beliefs and their lifestyle. Build out of economy is leading to ecological devastation.

The globalised development this is taking place has consequently lead to harassment of our ecology. There were some eco-regional planning in states/ provinces which aimed at securing the ecological culture and heritage. Undoubtedly, the modern era has become the tool hand of the technological advances which made humans oiling to that tool. The modern industrial age undoubtedly has been a period of exceptional scientific and technological progression. But what about the management?  But, the same science and technology is also exposing how this course is jeopardizing the long term subsistence of humans and other creatures on this planet. This non- human world has become as worth as king’s ransom. The demonstration for spiritual connection between human beings and the environment has become a mandate which we now a day call it as “ecospirituality”. Instead of running behind high degree of competitiveness, more focus should be towards this value based economic structure. Instead of amaranthine economic growth policies, a little time should be saved on more relevancies by governmental departments on the unification of mother earth.

There are legislative definitions of what constitutes a pollutant in the Water (Prevention and Control) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environmental Protection Act, 1986. The Water Act defines pollution as “such contamination of water. ..likely to create a nuisance or liable to render such water harmful and injurious to health” and the definitions in the subsequent legislations are similar. The World Health Organization says that the fact that you cannot see the air pollution does not mean that it does not exist.

The Central Pollution Control Board said in its report that the absence of wind and high increase in the moisture level led to the particulate matter and other harmful pollutants being trapped to the earth’s surface. The advice from local authorities is to remain indoors as much as possible. Is that really a solution for estimated 1.324 billion people? Is it only responsibility of the environment for our living or us to protect it? The national air quality standards are so degraded that situation has come to wear masks in pollution prone area of India. World is focusing on the sustained economic growth on the other hand ecology is blemished each day. Aridification is also a very serious threat because it impacts the areas such  as biodiversity, agriculture and water quality too. Aridity is measure of dryness of land surface, obtained by combination of precipitation and evaporation. “World is to become drier” According to researchers, even a rise of 2 degrees Celsius in global warming could make over a quarter of the world’s land to become drier and desert-like. Continuous absurd of economic growth is a huge mortification for global environment. The question arises what is to be sustained? Even the image of sustainability is procured by different scholars and ideas of many people but we forgot to determine the real image of sustainability. Sustainability of the whole ecosystem does not literally mean economic growth will protect the coming generation. Moreover it is the sustained techniques which should be adopted by nations all over to maintain the principle of harmonizing the cultural and ecological diversity by corporation of thoughts. The human life and the ecological life is inextricably intermingled and here we are fragmenting it so well. We need to understand that endless economic growth is unsustainable. First agenda of the states is to preserve and moralize the basic and primary norms of ecology and then proceed for strengthening the secondary norms. Furthermore, India who tackling the problem of pollution all over state cannot forget that it has legal provisions on almost each and every issue of environment and still not able to curb pollution is matter that is to be thought off. Now if we talk about international sustainable development the legal concepts are very less that could combine all the nations to curb pollution. This lack of emphasis on the environmental protection and preservation approach itself had led to the problem of environmental pollution.

These primary laws of international space law should also be indulged into space waste issue also. The environmental Impact Assessment and the Polluter Pay Principle are also understood to be the part of legal concept of sustainable development. In the Rio Declaration the emphasis was given on tax levy on person who causes pollution making him absolutely liable for offence of pollution. This principle would help in imposing liability upon the states for polluting the space environment (especially the orbits) with the space debris. The states could be imposed penalty amount to the extent pollution and damages caused and also for restoration of the space environment. This would directly bring change in global ecological preserving motion. Short environmental impact assessment forms a procedure which would help to carry forward and implement the sustainable development concept. However courts failed to examine and demonstrate how this principle should actually fit into the ambit of international law. Also this principle does not mean that polluter can pollute and pay for it. As only compensation cannot be the true justice, but steps and mandatory provisions should be enacted in domestic as well as the international law on this principle and must have to be taken care in such way that there are no violation of such provisions.

Under the Environment Protection Act,[1] the executive powers are vest in the hands central government to do whatever it deems necessary to stop environmental pollution,” As per the provision “Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such direction.” Regardless of this the Environment Ministry did nothing for sure. On the other hand testing of anti smog gun in Anand vihar (Delhi), a machine that throws water particles to settle dust and other suspended particles in the air up to 50 meters in air. This can regulate but cannot control the air pollution. India announced setting up a $350 million solar development fund for solar projects in International Solar Alliance Forum” and India will sign over 100 projects by April 2018. Even China to also fight pollution with world’s largest air purifying tower called the Xian smog tower to combat smog and pollution. It is reported to be having a positive effect on air quality. The system works through greenhouses covering about half the size of a soccer field around bas. “Curing does not mean prevention”. All these emergency measures would not constitute the regulation of pollution. Merely implementing the measures and rules only when necessary has become the part and partial practice of Government. It’s very true that “When we feel dehydrated only then we drink water” what about those cells which died due to dehydration in body? The same is the situation of curing rather than preventing. It is the desperate want to not only change but to transform the mindset. It should not be the greed of economic wealth that should have the first priority but the light of having peaceful and pollutant-free ecosystem. Your actions speaks louder than words, merely writing on paper would not add anything to ecology. As we all know health is important factor of human dignity which not dependent on the government, organizations or any other body for that matter but it is us who is involved in protecting it. We should have corporate vision towards investment in social and human capital globally in order to not only regulate but to sustain the development progress of ecology. Even the door to door garbage collection procedure adopted by different states had shown good results. Along with fiscal initiatives the human should learn to respect the dignity of our ecosystem. Nevertheless, people should not be dependent on the state laws to protect the environment but if it becomes a customary rule to not to pollute the ecosystem, the soul of earth will survive with dignity.

[1]  Section 5 of The Environment Protection Act, 1872.

ByPaavni Thareja (YouTuber, Blogger,Mooter)

      Raffles University