LAB ASSIGNMENT

Submitted by

N.Shriram Karthic2012IPM064

Section A

INTRODUCTION:

Air pollution is one of the serious environmental concerns of the urban Asian cities including India where majority of the population is exposed to poor air quality. The health related problems such as respiratory diseases, risk of developing cancers and other serious ailments etc. due to poor air quality are known and well documented. Besides the health effects, air pollution also contributes to tremendous economic losses, especially in the sense of financial resources that are required for giving medical assistance to the affected people. The poor are often the most affected segment of the population as they do not have adequate measures to protect themselves from air pollution. Most of the Indian Cities are also experiencing rapid urbanization and the majority of the country’s population is expected to be living in cities within a span of next two decades. Since poor ambient air quality is largely an urban problem this will directly affect millions of the dwellers in the cities. The rapid urbanization in India has also resulted in a tremendous increase the number of motor vehicles. The vehicle fleets have even doubled in some cities in the last one decade. This increased mobility, however, come with a high price. The air quality can be improved through a combination of technical and non-technical measures, legislative reforms; institutional approaches and market-based instruments, there are certain unique challenges which the country has to face in tackling the problem of urban air pollution. These include, the transport features which are different from the developed countries particularly in terms of the types of vehicles commonly used, the manner in which the road network is operated and sharing of the limited space by pedestrians and non-motorized modes with modern vehicles in Indian cities. Vehicles in India are often much older and usually comprise technologies considered as out-dated in the developed world. The institutions responsible for managing urban air quality are also not as well developed as those in the developed countries. The country has however taken a number of measures for the improvement of the air quality in cities. These include, right from the improvement in the fuel quality, formulation of necessary legislation and enforcement of vehicle emission standards, improved traffic planning and management etc. The non-technical measures taken include, awareness raising regarding the possible economic and health impacts of air pollution and available measures for improving air quality, increasing use of cleaner fuels and purchase of vehicles with advance emission control devices, increasing institutional framework and capacity building for the monitoring of vehicle emissions. The document presents a review of the vehicular emission problems in Indian cities, the various developments that have taken place in the past including the studies

conducted for assessment of the air quality in cities, the legislation and standards adopted for the control of vehicle emissions, the role of the various concerned agencies, the steps taken for improvement in the quality of the automotive fuel, the overall impact of these measures and the future strategy to be adopted for vehicular emission reduction and related issues.

MAJOR REASONS FOR VEHICULAR POLLUTION IN INDIA:

High vehicle density in Indian urban centres. Older vehicles predominant in vehicle vintage. Inadequate inspection & maintenance facilities. Predominance of two stroke two wheelers. Adulteration of fuel & fuel products. Improper traffic management system & road conditions. High levels of pollution at traffic intersections. Absence of effective mass rapid transport system & intra-city railway

networks. High population exodus to the urban centres.

INDIAN ENVIRONONMENTAL POLLUTION LEGISLATIONS:

The Environment (Protection) Act, 1986. The Water (Prevention and Control of Pollution) Act, 1974, as

amended up to 1988. The Water (Prevention and Control of Pollution) Cess Act 1977, as

amended by Amendment Act, 1991. The Air (Prevention and Control of Pollution) Act, 1981, as

amended by Amendment Act, 1987. National Forest Policy, 1988. Forest (Conservation) Act, 1980. The National Environment Tribunal Act, 1995. The Public Liability Insurance Act, 1991. Re-cycled Plastics Manufacture and Usage Rules, 1999. Manufacture, Use, Import, Export and Storage of Hazardous

Micro-Organisms. Genetically Engineered Organisms or Cells rules, 1989. Hazardous Wastes (Management and Handling) Rules, 1989. Bio-Medical Waste (Management and Handling) Rules, 1998. Municipal Solid Wastes (Management & Handling) Rules, 2000. Noise Pollution (Regulation and Control) Rules, 2000. Ozone Depleting Substances (Regulation) Rules, 2000. New Biodiversity Bill - 2000. The Prevention and Control of Pollution (Uniform Consent

Procedure) Rules, 1999.

MEASURES TAKEN TO CONTROL ENVIRONMENTAL POLLUTION:

Emission standards have been notified under the Environment (Protection) Act, 1986 to check pollution.

Industries have been directed to install necessary pollution control equipment in a time bound manner and legal action has been initiated against the defaulting units.

As many as 24 critically polluted areas have been identified. These areas are Singrauli, Korba, Vapi, Ankleshwar, Greater Kochi, Vishakhapatnam, Haora, Durgapur, Manali, Chembur, Mandi Gobindgarh, Dhanbad, Pali, Najafgarh Drain Basin, Angul-Talcher, Bhadravati, Digboi, Jodhpur, Kala Amb, Nagda-Ratlam North Arcot, Parwanoo, Patancheru, Bollaram and Tarapur, Action plans have been formulated for restoration of environmental quality in these areas.

Environmental guidelines have evolved for siting industries.

Environmental clearance is made compulsory for 29 categories of development projects involving public hearing/NGO participation as an important component of Environmental Impact Assessment process.

The process of Environment Auditing has been initiated in highly polluting industries. The methodology has been standardised and finalised for respective group of industries. Submission of Environmental Statement has been made mandatory.

Under Indo-German Bilateral Programme, methodology for zoning, mapping and siting of industries is developed in various states in collaboration with State Pollution Control Boards in order to identify the existing characteristics of the district, unsuitable zones for the industries, air quality mapping assessment of risk due to siting of air polluting industries and industrial suitability mapping. Based on zoning/siting programme, the site clearance procedure has to be streamlined.

Minimal National Standards (MINAS) have been presented for highly polluting industries under The Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act 1986.

Power plants (coal based) located beyond 1000 kms from the pit-head are required to use low ash content coal (not exceeding 34%) with effect from 1.6.2002. Power plants located in the sensitive areas are also required to use low ash coal irrespective of their distance from the pit head.

It is estimated that about 40 million tonnes of fly ash is generated per annum from thermal power plants and contribute to particulate matter loading to environment. Fly ash possesses good pozzolinic properties due to presence of active and finely divided silica, alumina and calcium oxide, which provide it with cement like qualities in combination with lime rich material. Thus fly ash emitted by thermal power plants can be used for manufacturing bricks, blacks, aggregates and cement production.

Use of cleaner technologies is a new dimension emerging rapidly for cleaner production and to increase production efficiency, and at the same time eliminate or at least minimise emission and waste at their source rather than to treat them at the end of the production chain after they are generated.

Industrial wastes like slags, red mud etc. are generated from iron and steel and during extraction of non-ferrous metals such as aluminium and copper. The slags are dumped in the vicinity of plant while red mud is disposed as slurry.

This slurry becomes air borne after getting dried. In phosphoric fertilizer plants about 4.5 million tonnes of phosphor-gypsum (with fluoride contents 0.7 to 1.5 %) are produced. This can be used for cement, gypsum board, partition panel, ceiling tiles, artificial marble and fibre boards. The thrust will have to be made for proper disposal and reutilisation of these waste materials.

MEASURES TAKEN TO CONTROL VEHICULAR POLLUTION:

Indian government notified mass emission norms for the first time during 1990-91. These norms were notified under Environment (Protection) Act (EPA) motor vehicles rules and Air Act and were applicable to vehicles at the manufacturing stage as well as for in-use vehicles.

The emission norms introduced in 1996 were very stringent and crucial. From April 1995 only those passenger cars were allowed to be

registered in four metros— Delhi; Mumbai; Kolkata and Chennai which were fitted with catalytic converter. Emission norms for such vehicles were notified under motor vehicle act in 1998.

The testing method for passenger cars was changed from hot start to cold start.

More stringent norms were introduced in 2000, according to which automobile manufacturers are supposed to undergo major modifications.

As per Hon’ble Supreme Court’s directions only private vehicles conforming to at least EURO forms are being registered in NCR from June 1999 and from April 2000 only private vehicle’s conforming to Euro-II equivalent i.e., Bharat Stage-11 norms were registered. In Mumbai Euro-II norms for private vehicles (4 wheelers) was applicable from 2001. In Kolkata, India – 2000 norms (Euro-I) have been made applicable from November 1999. With the acceptance of the Mashelkar Committee recommendations, passenger cars and commercial vehicles are expected ю achieve Bharat stage-II norms across the country by April 1, 2005 and Euro-Ill specifications by April 1, 2010. Eleven most polluted cities had been asked to meet Bharat Stage-II norms by April 1, 2003, Euro-III norms by April 1, 2005 and Euro-IV standards by April 1, 2010. These cities are Delhi, Mumbai, Kolkata, Chennai, Bangalore, Hyderabad, Ahmedabad, Pune, Surat, Kanpur and Agra. Two-wheelers and three-wheelers will have to comply with Bharat Stage-II norms by April 1, 2005 and Bharat Stage-Ill norms preferably by April 1, 2008, but not later than April 1, 2010. These schedules will, however, be reviewed

in 2006, when Euro-II standards will be implemented throughout the country and Euro-III norms will be in place in the 11 most polluted cities.

From 1st October 1999, emission norms for agricultural tractors were introduced throughout the country. Bharat Stage-II and Bharat Stage-Ill emission norms for tractors have been scheduled to be implemented from 2003 and 2005 respectively.

The Bharat Stage-II norms for new 4-wheeler private non-commercial vehicle were introduced in Mumbai from January 2001 and in Kolkata and Chennai from July 2001 to 24th October, 2001.

Only those taxies are being registered in Delhi, which are meeting Bharat Stage-II norms.

Bharat Stage-II norms for Diesel 4-wheeler transport vehicles were introduced in NCT from 24th October, 2001, in Greater Mumbai, Kolkata & Chennai from 31.10.2001.

The expert committee on Auto Oil Policy constituted in September 2001 recommended Bharat Stage-Ill emission norms for all categories of 4-wheelers in 7 mega cities from 2005 and rest of the country by 2010.

Fuel Quality Specifications:

Diesel and Gasoline fuel quality with respect to environment related parameters had been notified under Environment (Protection) Act during April 1996. The specifications include low leaded gasoline, unleaded gasoline and low sulphur diesel.

(a) Unleaded Gasoline:

With the progressive reduction of lead content in petrol (from 0.56 gm/1 to 0. 15 gm/1 and then to 0.013 g/1 in unleaded petrol) introduction of unleaded petrol for new passenger cars from April, 1995 and supply of only unleaded petrol for all vehicles from September, 1998, in NCT—Delhi a lethal pollutant from vehicular exhaust has been removed. The lead content in the atmosphere near traffic intersections of Delhi has reduced by more than 60% with the introduction of unleaded petrol.

(b) Benzene Reduction:

The fear of increased emission of benzene and reduced performance of engines by the use of unleaded petrol has also been falsified. The oil refineries were told to combine the benzene content in the unleaded petrol upto 5% (v/v) in 1996 and 3% (v/v) from the year 2000.

In addition to phasing out of lead, it is considered necessary to reduce the benzene (to 1% or lower) and aromatics in petrol not only for Delhi but also for other parts of the country.

Lubricants Quality:

Specifications of 2T oil for two stroke engine with respect to smoke have been notified under EPA during September 1998 for implementation from 1.4.1999 throughout the country. Pre-mix 2T oil dispenser has been installed at all petrol filling stations in Delhi so that excessive oil is not being used by the vehicle owners. Sale of loose 2T oil has been banned from December 1998 in Delhi.

Alternate Fuels:

A very important factor in reducing vehicular pollution is the introduction of alternative fuels such as CNG and LPG.

(a) CNG (Compressed Natural Gas):

CNG is a better and clean fuel providing limited emissions of various toxic gases. All Government Vehicles were required to compulsorily fit CNG Kit or catalytic converter by December 1996. New CNG taxies are being registered in Delhi as well as there is no restriction or registration of CNG vehicles in National Capital Territory (NCT) as they already comply EURO-II norms. The customs duty on CNG kits has been exempted for promotion of installation of CNG kits in vehicles. Emission norms for CNG vehicles have been notified under Motor Vehicles Rules dated 24.4.2001.

(b) LPG:

The use of LPG as an alternate fuel in automobiles has been made applicable for which amendment has been made in Motor Vehicles Act to legally permit the use of LPG as automobile fuel Hon’ble Supreme Court permitted dual mode facility (CNG + Petrol) for the vehicles in its order dated 10th May 2000. Emission norms for LPG vehicles were modified on 24.4.2001.

(c) Battery driven vehicles:

Battery driven vehicles have been introduced in few corridors in Delhi.

Phase out of Grossly Polluting Vehicles:

(i) Registration of new auto rickshaws with conventional engine has been banned from May 1996 and registration of Defence Service and Govt. auctioned vehicles has been banned from April 1998 in Delhi.

(ii) Commercial vehicles more than 20 years old had been prohibited from plying with effect from October 1998, followed by phase out of 17 to 20 years old commercial vehicles from 15th November 1998 and 15 to 17 years old vehicles from 31st December, 1998 in Delhi.

(iii) Registration on alternation of vehicles by replacing petrol engine with diesel has been banned from 1.4.1998 in Delhi.

(iv) Registration of new private vehicles not meeting EURO-I norms has been banned from June, 1999 and vehicles not meeting EURO-II norms from April 2000 in Delhi.

Promotion of Comprehensive inspection and Certification:

It has been possible to reduce 30-40% pollution loads generated by vehicles through proper periodical inspection and maintenance of vehicles. Such inspection and maintenance of vehicles is being carried on by State Pollution Control Boards, Pollution Control Committees and Transport Directorates in different parts of the country.

Traffic Management:

Restriction has been imposed on goods vehicles during day time from August 1999 in Delhi.

Left lane has been made exclusive to buses and other HMV in Delhi. Time clocks have been installed in important red lights to enable the

drivers to switch off their vehicles depending on the time left in the time clocks.

More fly-over and subways have been constructed and T-Junctions have been closed for better traffic flow.

Public Transport System:

To discourage the use of individual motor vehicles by public, public transport system is augmented from time to time in various urban areas of the country. The number of buses has been increased in big cities like Delhi.

Private sector has been allowed to operate public transport buses to increase mobility.

Mass Rapid Transport System (MRTS) has been launched. Delhi Metro Rail Transport System is making rapid progress and is likely to reduce pressure on transport system of Delhi.

Technology:

Fitment of catalytic converter for new petrol passenger cars has been made compulsory from 1. 4.1995 in four metros and 45 cities from 1.9.1998.

Two wheeler scooters with four stroke engines are being introduced in the market from October 1998.

Registration of only rear engine auto rickshaws is being allowed from May 1996 onwards.

More four stroke two wheelers are being registered in Delhi.

Information Dissemination/Mass Awareness:

Messages/articles related to vehicular emissions are disseminated through newsletters, pamphlets, newspapers, magazines, Television, Radio, Internet and through Workshops, Summer Courses, Exhibitions, display, Pollution Control Camps etc.

Display of ambient air quality data through Electronic Display System near ITO intersection as well as dissemination through Newspapers, daily news and Internet.

Publishing reports related to vehicular pollution control and dissemination to various organisations.

Regular publication of air quality statistics regarding ambient air quality status in the country.

Non-Government Organisations (NGOs) working in the area of Vehicular Pollution Control in different parts of the country are being encouraged for mass awareness.

KYOTO PROTOCOL:

The Kyoto protocol is an agreement made under the United NationsFrame work convention on climate change (UNFCC) in 1997. Kyoto protocol is a voluntary treaty signed by 141 countries. This protocol legally binds the parties (industrialized countries) to the protocol to reduce their greenhouse gas emissions. This protocol defines mechanisms like emissions trading and clean development mechanism that allow industrialized nations to meet their greenhouse gases (GHG)obligations by buying GHG reduction credits from other countries, and make profit by trading the carbon credits.It means that if a country cannot meet its greenhouse gas reduction target, it can buy credits from other countries that have credits in excess. As a result carbon has become a commodity, which like other commodities, is traded in open market, called carbon market

CARBON CREDIT:

Carbon credits (often called a carbon offset) are certificates issued to countries that have successfully reduced emissions of GHG which causes global warming.Carbon credits (or) certified emission reductions are a certificate just like a stock. This can be used by governments, industry or private individuals to offset damaging carbon emissions that they are generating. Carbon credits create market for reducing greenhouse emissions by giving a monetary value to the cost of polluting the air. Each carbon credit represents one tonne of co2 either removed from the atmospheres or saved from being emitted. Carbon credits can be created in many ways but there are 2 broad types.

Sequestration (retaining or capturing co2 from the atmosphere) such as afforestation & reforestation activities.

Co2 saving projects such as the use of renewable energies (wind power, solar energy, biomass power, hydel power.

Carbon credits can be viewed as a means of empowering the market to care for the Environment. Carbon credits can be bought and sold in international markets at prevailing market price.

CARBON TRADING:

The companies in the developed world are required to meet certain carbon emission target set by their respective government. However if these companies are not able to meet their emission targets, they have an alternative of purchasing these carbon credits from the market i.e. from someone who is successful in meeting these targets and who has a surplus of these credits. This process is known as carbon trading. Carbon trading is also very advantageous for the companies of the developing world as it provides monetary gains in exchange of carbon credits which help these companies to purchase or change their technology. This change in technology eventually helps the companies to reduce carbon emission.

Need for Carbon Trading and Clean Development Mechanism:

The need for carbon trading was felt when it was realized that the industries have been the biggest polluter of greenhouse gases which has resulted in global warming. A lot of effort was put in by the NGOs and other institutions to bring the attention of the world towards the problem of global warming. But this issue was not taken very seriously as a result of which nothing much was done in this regard. Thus it was realized that the only way to get the attention of the world towards these problems was by attaching some financial incentive to it. As a result the concept of Carbon trading was introduced.

Clean Development Mechanism:

The Clean Development Mechanism (CDM), defined in Article 12 of the Protocol, allows a country with an emission-reduction or emission-limitation commitment under the Kyoto Protocol (Annex B Party) to implement an emission-reduction project in developing countries.

Carbon Trading in India:

Indian industries were able to cash in on the sudden boom in the carbon market making it a preferred location for carbon credit buyers. It is expected that India will gain at least $5 billion to $10 billion from carbon trading (Rs 22,500 crore to Rs 45,000 crore) over a period of time. Also India is one of the

largest beneficiaries of the total world carbon trade through the Clean Development Mechanism claiming about 31 per cent (CDM).

India’s carbon market is one of the fastest growing markets in the world and has already generated approximately 30 million carbon credits, the second highest transacted volumes in the world. The carbon trading market in India is growing faster than even information technology, bio technology and BPO sectors. Nearly 850 projects with an investment of Rs 650,000 million are in the pipeline. Carbon is also now being traded on India’s Multi Commodity Exchange. It is the first exchange in Asia to trade carbon credits.

Legal aspect of Carbon Trading in India:

The Multi Commodity exchange started future trading on January 2008 after Government of India recognized carbon credit as commodities on 4th January. The National Commodity and Derivative Exchange by a notification and with due approval from Forward Market Commission (FMC) launched Carbon Credit future contact whose aim was to provide transparency to markets and help the producers to earn remuneration out of the enviourment projects.

Carbon credit in India is traded on NCDEX only as a future contract. Futures contract is a standardized contract between two parties to buy or sell a specified asset of standardized quantity and quality at a specified future date at a price agreed today (the futures price). The contracts are traded on a future exchange. These types of contracts are only applicable to goods which are in the form of movable property other than actionable claims, money and securities. . Forward contracts in India are governed by the Indian Contract Act, 1872.

Under the present provision of the Forward Contracts Regulation Act, the trading of forward contracts will be considered as void as no physical delivery is issued against these contracts. To rectify this The Forward Contracts (Regulation) Amendment Bill 2006 was introduced in the Indian Parliament. The Union Cabinet on January 25, 2008 approved the ordinance for amending the Forward Contracts (Regulation) Act, 1952. This ordinance has to be passed by the Parliament and is expected to come up for consideration this year. This Bill also amends the definition of ‘forward contract’ to include ‘commodity derivatives’. Currently the definition only covers ‘goods’ that are physically deliverable. However a government notification on January 4th paved the way for future trading in CER by bringing carbon credit under the tradable commodities.

Even though India is the largest beneficiary of carbon trading and carbon credits are traded on the MCX, it still does not have a proper policy for trading of carbons in the market. As a result the Centre has been asked by The National Commodity and Derivatives Exchange Limited (NCDEX) to put in place a proper policy framework for allowing trading of certified emission reductions (CERs), carbon credit, in the market. Also, India has huge number of carbon credits sellers but under the present Indian law, the buyers based in European market are not permitted to enter the market. To increase the market for carbon trading Forward Contracts (Regulation) Amendment Bill has been introduced in the Parliament. This amendment would also help the traders and farmers to utilize NCDEX as a platform for trading of carbon credits. However, to unleash the true potential of carbon trading in India, it is important that a special statue be created for this purpose as the Indian Contracts Act is not enough to govern the contractual issues relating to carbon credits.

ENVIRONMENT LEGISLATION AND ITS LEGAL ASPECT:

Environment related rights were conspicuously absent from the original version of the Constitution of India, which was prominently dominated by business and property rights. Consequently, environmental jurisprudence was also an unknown appellation for the Indian judiciary. Chipko Movement and Appiko Movement in Karnataka for saving the trees from exploitation are examples of initiatives taken by public-spirited persons. Among the fundamental duties of the citizens incorporated by 42nd amendment, the duty to protect environment is significant, every citizen has a fundamental duty to protect and improve the natural environment including forest, lake, river and wild life and to have compassion for living creature, forest, wildlife and population control were subjects to which the state had exclusive power to make law, but now the concurrent list enables both the central and state government to make the law on these areas.

The Air (prevention and control of pollution) Act 1981 The Water (Prevention and Control of Pollution) Act, 1974 and the Forest (Conservation) Act, 1980 was passed by parliament with a view to implementing the decision of the Stockholm conference which asked the number states to take appropriate steps, among other things, for the preservation of quality of air and control of air pollution. EPA was enacted for wider purpose of protection and improving the human environments a goal laid down by the Stockholm conference. Stockholm Declaration of 1972 which is called the “Magna Carta” of

environment protection and its development. Certain environmental laws were in force in India well before the Stockholm Declaration of 1972, such as the Indian Forest Act etc. Besides, this action could also be taken under Sections 268 and 290 IPC against public nuisance relating to environment.

Constitutional provision of environmental law:

Art 252 empowers parliament to enact on state subject if two or more state make such a request. Parliament enacted the water (prevention and control of population) Act 1974 for the control water at the request from states, under art 252 of Indian constitution.

The 42nd constitutional amendment, made in 1976, changed this landscape by inducting Article 48-A[1] and Article 51A (g)[2] into this ‘enviromyopic’ document. Simultaneously, the Supreme Court of India embarked on a ‘creative’ activist phase of constitutional interpretation in the aftermath of the fiasco in A.D.M. Jabalpur v Shivakant Shukla where it found itself helpless in defending the basic civil liberties of the citizens against executive excesses. Starting from early 1980s, the Court has developed a body of ‘green constitutional law’ to safeguard the citizens’ health from the deleterious effects of environmental degradation. In M.C. Mehta v Union of India[4] (Oleum Gas Leakage case), the Supreme Court propounded the standard of ‘absolute liability’ for payment of compensation to those affected by the accident in case of industries engaged in hazardous or inherently dangerous activities as opposed to the prevalent notion of ‘strict liability’ under the Rylands v. Fletcher standard.

Right to healthy environment is a universal acceptance. The right to a healthy environment got entrenched in Art. 21 of the constitution of India, courts in large measure relied on this right in addressing a variety of aspects relating to protection and improvement of environment.

In Ivory traders & Manufacturing Association v. Union of India, the Delhi High Court held that right of an ivory dealer are subject to the paramount right of other people to have healthy and balance ecology. It also held that killing of elephants for procuring ivory should be stopped for a balanced environment.

The Allahabad High court in S.K Garg v. State of Uttar Pradesh, the right of water is part of the right to life guaranteed by Art.21. The use of agricultural land for aquaculture causes pollution of underground water on the

enamouring properties.

M.P Rambabu v. Divisional forest officer, the Andhra Pradesh High court observed that under Art. 21 of the constitution of India, the right to live a decent life, a good environment and maintenance of ecology must be held to have primacy over the statutory right to hold and enjoy the property. Population is a consequence of abusing the environment and natural resources by human beings. Though part III of the constitution does not contain any provision to provide right pollution free environment as a fundamental right, but , in view of the liberal interpretation of Art 21 given by Apex Court, right to pollution free environment and protection of ecology came to acquire the status of a fundamental right.

The Court has adopted an expanded view of ‘life’ under Article 21 and enriched it to include environmental rights by reading it along with Articles 47, 48-A and 51A(g) and declaring:

Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21.

By 1990s, it categorically declared that ‘issues of environment must and shall receive the highest attention from this court’. India’s ‘Green Constitution now guarantees a right to healthy environment, right to clean air, right to clean water, enjoins the State and its agencies to strictly enforce environmental laws while disclosing information in respect of decisions which affect health, life and livelihood and disallows inadequacy of funds and resources as a pretext for the evasion of obligations by the State.

Significant environmental principles like polluter pays, precautionary principle, sustainable development, public trust doctrine and intergenerational equity Law, Environment and Development Journal have become entrenched in the Indian law without explicit incorporation in any legislative framework. In Vellore Citizens’ Welfare Forum v Union of India & Ors the Court employed the ‘precautionary principle’ to invent the special principle of burden of proof in environmental cases where burden as to ‘the absence of injurious effect of the

actions proposed, is placed on those who want to change the status quo’ viz. polluter or the industrialist. In the process, the apex Court has gone beyond the statutory texts to refer extensively to international conventions and obligations of India and even to the historical environmental values reflected in the edicts of Emperor Ashoka and verses of Atharva Veda.

The Supreme Court has, in clear terms, advised the State to shed its ‘extravagant unbridled sovereign power’ and to pursue a policy to maintain ecological balance and hygienic environment. The activist attitude ranges across a gamut of environmental issues viz. banning aquaculture industries in coastal areas to prevent drinking water from becoming saline, issuing directions for improving quality of air in the National Capital Territory of Delhi and protecting Taj Mahal, prohibiting cigarette smoking in public places, addressing issues of solid waste management, proscribing construction activities in the vicinity of lakes and directing the lower courts to deal strictly with environmental offences.

In respect of forest governance, the Supreme Court has made an enormous contribution through the case of T.N. Godavarman Thirumulpad v. Union of India.[14] The case was set in the backdrop of critical state of national forest cover, appalling apathy of governments towards forest management and conservation and open violations of forest legislations by illegal felling in North-Eastern States.

A three judge bench of the Court, known as the ‘Green Bench’ or the ‘Forest Bench’, issued a ‘continuing mandamus’,[15] operative for past twelve years, and has been using it to deal with prominent issues including conversion of forest land for non-forest purposes, illegal felling, potentially threatening mining operations, afforestation and compensation by private user agencies for using forest land. In pursuance of the orders, the Government has constituted several High Powered Committees, a Compensatory Afforestation Management and Planning Authority and a Central Empowered Committee.

The enormous significance of this single writ petition is evident from the fact that about 2000 interlocutory applications relating to forest issues have been disposed under it.

Of late, the apex Court has been confronted with intricate cases requiring resolution of the tension between the ‘right to development’ and the ‘right to environment’.[16] The anxiety to resolve this tension and adopt a balanced

approach is apparent in N.D. Jayal v Union of India,[17] a case involving construction of a large dam at Tehri in Himalayan foothills, where the Court refused to interfere by emphatically declaring the symbiotic relation between both these rights in the following words:

Right to environment is a fundamental right. On the other hand, right to development is also one. Here the right to ‘sustainable development’ cannot be singled out. Therefore, the concept of ‘sustainable development’ is to be treated as an integral part of ‘life’ under Article 21. Weighty concepts like intergenerational equity, public trust doctrine and precautionary principle, which we declared as inseparable ingredients of our environmental jurisprudence, could only be nurtured by ensuring sustainable development.

However, a gamut of recent cases seemingly projects an impression of Court’s growing pro-industry tilt while dealing with intricate issues of sustainable development. In Deepak Nitrite Ltd. v State of Gujarat & Ors.,[18] a case dealing with determination of standard of compensation in respect of industries which had flouted the norms laid down by the State Pollution Control Board, the Court held that mere non-compliance with these norms does not imply that environmental damage would result thereby; a strange and inexplicable conclusion indeed.

Confronted with the issue of oil pipeline construction through Jamnagar Marine National Park and Sanctuary, the apex Court in Essar Oil Ltd. v Halar Utkarsh Samiti & Ors.,[19]permitted such laying of pipelines on the ground that it cannot invariably lead to the destruction or removal of the wild life in these ecologically sensitive areas. The Court, instead of taking independent expert evidence on the issue like it has done in all other cases, deferred to the State’s judgment of possible damage and the failure of respondent to place any contrary reports before it. Furthermore, given a choice between environment and development, in Research Foundation for Science Technology and Natural Resource Policy v Union of India & Ors., the Court seemed unequivocal of its choice to err on side of development. It clearly displayed that it was in favour of continuance of hazardous industry subject to safeguards being followed and seemingly took India’s economic growth rate of 9 per cent and economic interests in ship wrecking industry as overriding considerations. Lastly, in Karnataka Industrial Areas Development Board v Sri. C. Kenchappa & Ors.[20]Law, Environment and Development Journal the Court overturned a direction by the Karnataka High Court to the appellant to leave a land of one kilometre as a buffer zone to maintain a ‘green area’ around the periphery of a

village. In the absence of any evidence, it adjudged that these directions would have hindered land acquisition for industrial development.

Justice P.N. Bhagawati once made a insightful observation: ‘We need judges who are alive to the socio-economic realities of Indian life’.

In L.K Kulwal v. State,[21] The Rajasthan High court directing the municipal authorities to Jaipur to keep the city clean, laid emphasising on the fundamental duty of the citizens under Art. 51A (g). According to the court, the provision renders the citizen the right to move the court to see that state performs its duties faithfully and strives to protect and improve natural environment. It is the primary duty of the municipal council to remove filth, rubbish, noxios odour or any offensive matter, and financial inability cannot be plea.

According to Apex court in M.C Mehta v. Union of India[22] Article 39 (e), 47, 48-A collectively cate duty on the state to secure the health of the people, improve public health and protect and improve the environment, on the premises to protect the health of the people of Delhi, the court issued several direction phase out grossly polluting old vehicles and non-CNG Buses. The Court rightly related the govt.’s plea that CNG was in short supply. The court observed.

Confirming economic advantage upon industry by making available cheap gas in preference to need for supplying gas for environment reason is inconsistent with settled constitutional position.

Some of the significant principles and guidelines laid down by the Supreme Court in M. C. Mehta cases to bring environmental protection within constitutional framework are as under:

(a) Court's power to grant compensation under Article 22- -"Under Article 32 Jurisdiction and power of the Court is not only injunctive in ambit, i.e. preventing the infringement of a fundamental right, but it is also remedial in scope. . . The power to grant such remedial relief may include the power to award compensation in appropriate cases."

(b) Article 21 - Scope and ambit expanded to include right to clean and healthy environment in the right to life.

(c) Law of Torts: - Strict and Absolute liability of an enterprise engaged in a hazardous and inherently dangerous processes. Rule in Rylands v. Fletcher-- evolved at a time when all these developments of science & technology had not taken place -- cannot afford any guidance consistent with constitutional norms of the present day economy and social structure.

(d) 'Polluter Pays Principle', 'Precautionary Principle' and 'Public Trust Doctrine' have become an integral part of the environmental law and policy in India.

e) Maintainability of Public Interest Litigation – Whether letters addressed to individual judges entertainable - Hyper technical approach to be avoided by this Court - Court must look at the substance and not the form.

(f) Location of Hazardous Industry- National policy should evolve for location of chemical and other hazardous industries in areas where population is scarce. There should preferably be a green belt of 1 to 5 km width around such hazardous industries.

(g) Jurisprudence and law – It should keep pace with the changing socio-economic norms - where a law does not fit into the present context, Court should evolve new law.

(h) Environmental Courts - 'Since cases involving issues of environmental pollution, ecological destruction and conflicts over natural resources are increasingly coming up for adjudication and these cases involve assessment and evolution of scientific and technical data, it might be desirable to setup special Environment Courts.' On the Supreme Court direction some of the High Courts in India have set up Green Bench to hear environment cases.

The Supreme Court directed the Govt. of India to set up Authorities under Environment Protection act to get enforced orders and to further issue directions for the protection of environment and control of pollution.

This statement explains the gradual shift in the judicial approach while dealing with the issues of sustainable development. These new cases have been set against the backdrop of a radically different socio-economic background of national life. The annual GDP growth rate of the Indian economy has catapulted to the levels of 8 to 9 per cent against a meager 5 to 6 per cent in the previous two decades and the annual growth rate of the industrial sector has skyrocketed from the range of 5 to 7 per cent to 11.6 per cent during the

period of 2002 to 2007.

Thus, industrial development has become a pressing need in the current phase of economic transformation. In such a scenario, it is impossible for the higher judiciary to remain oblivious of this critical facet of national life and therefore, there is an increased probability of a pro-development bias creeping into the judgments where courts are required to review choices made between environment and development.

An important ingredient of environmental litigation is the element of procedural convenience. On the procedural side, locus standi requirements have been diluted in environmental actions and courts allow citizens to file Public Interest Litigation (hereafter ‘PIL’) for addressing violations of statutory mandates by the executive and private parties or situations where legal lacunae still persist. PILs have emerged as the most potent tool in the hands of Indian judiciary. The Court has the power to refer scientific and technical aspects for investigation and opinion to expert bodies such as the Appellate Authority under the National Environmental Appellate Authority Act, 1997 and the power to direct the Central Government to determine and recover the cost of remedial measures from the polluter under Section 3 of the Environment (Protection) Act, 1986.

To sum up this section, despite all its downsides the long journey of environmental jurisprudence in India, when viewed in a holistic manner, can be best described in Supreme Court’s own words as: ‘This has been an interesting judicial pilgrimage for the last four decades. In our opinion, this is a significant contribution of the judiciary in making serious endeavour to preserve and protect ecology and environment, in consonance with the provisions of the constitution.

The Environment rules:The environment (protection) Rule 1986 came into force on 19 November. 1986. The EP Rule seek to carry out the provision of EPA, and to meet various specific problems in relation to the protection and improvement of the environment.

The EP Rules specify the standards for emission or discharge of environment pollutant from industries, operations or processes. However, the central pollution control Board or state pollution control board can stipulate more specific standards for any specific industry, operation or process. The issuance

of direction denotes a coercive power procedure safeguards are necessary for its proper use. The Environmental rule provides those safeguards. These safeguards include an opportunity of being heard. However, when the central government is of the opinion that in view of the likely hood of grave injury to the environment, it is not expedient to provide an opportunity to file objection against the proposed direction, it may, or reason, recorded in writing, issue direction without giving such an opportunity.

The provision takes into account emergency situation when quick action is needed. The EP Rules lay down the factors, which the central government should consider while it prohibits or restrict the location of any industry, or carrying on of process and operation in different area, the topographic and climate feature of the area, the biological diversity, which, in the opinion of the central government, needs to be preserved, environmentally compatible land use and proximity to human settlement, are some of the significant factors to be considered. A notice with full detail of the proposed prohibition or restriction could be published, and objection filed within 60 days in writing.

The time limit within which the central government should consider these objections was fixes originally as 120 days. However, the time limit was changed by several amendment notifications, and ultimately fixed at 286 days. The longer period of opportunity is neither reasonable nor in consonance with the objective of protection an improvement of the quality of the environment. The safeguards provided for taking samples and sending them for analysis are recognition of the right to a fair process. The E P Rule also lay down the functions of environment of laboratories qualifications of government analysis, and the manner of giving notice. The discharge of the environmental pollutants in excess of prescribed standards as of grave concern. That is the reason why a person in charge of the place is bound to give information of the actual occurrence apprehension of occurrence. The E. P rule specify the authorities to whom this information has to be given-

The officer in charge of emergency or disaster relief operation in a district the central pollution control board or a state pollution control board, or its authorised regional officer, or any authorities or agencies in the schedule to the E.P Rules.

Environment audit:The Environment Protection Rule made the submission of an environment audit report compulsory. The originally stipulated to be filed on or before 15

may of every year. The audit report, subsequently worded as audit statement is to be filed on or before September every year to the state pollution control board. Every person carrying on an industry, operation or process requiring consent under the water Act or air Act or authorisation under the Hazardous wastes (management and handling) Rules 1989 has to submit this report for financial year, ending 31 march, to the state pollution control. The benefits of audit an be denied some of the remarkable benefits of audit includes grater industry compliance with environmental law, discloser of data on waste generation, adoption of clean technology for pollution prevention, waste minimisation, recycling any utilization, arrangement for offsite disposal, revealing of data on consumption of water and raw material.

Hazardous substances:specific provision is made in E P Rule for handling hazardous substances a hazardous substances is defined not only as a substance, but also as a preparation, which by reason of its chemical or physio-chemical properties or handling, is liable to cause harm to human beings, other living creatures. Prior to permitting the handling hazardous substances in a area, the central government has to take into consideration hazardous nature of the substances and its potential to damage the environment, human being, other living creatures, plants and property. The fact that the government has to apply its mind to the availability of substitute or of the state of technology for developing a sate substitute and the gestation period necessary for gradual introduction of a new substitute is a very significant provision in the E P Rule, the guarantees consideration of all relevant matter before taking decision on prohibition and restriction on the handling of hazardous substances.

The E P Rule also provides the procedural safeguards of effective and meaning full notice and consideration of objection to the proposal.

Control of noise:The state government can classify the area on the basis of criteria in the schedule. All development authorities, local bodies, and other authorities concerned shall adopt measure in order to avoid noise menace, and to achieve the objective of maintain the ambient air quality standards in respect of noise an area of 100 meters around hospital, education institutions and courts may be declared as silence zone. A loud speaker on a public written permission from a specified a authority. A loud speaker or a public address system shall not be used at night between 10 pm to 6 am except in closed premises for communication within, for instance, auditoria, conference room,

communication hall and banquet hall.

Ø No untreated bio medical waste shall be kept stored beyond period of 48 hours.

The ozone rule:The rule relating to control of ozone depletion provide for prohibition on new investment with ozone depleting substances, regulation of sale, purchase, use of ozone depleting substances and control of production and consumption or ozone depleting substances. There is regulation of import export and sale of products made with or containing ozone depleting substance.

Use of Law Machinery for Environment Protection:The primary effort of the courts while dealing with environmental issues had been to not only punish the offender but also to seek proper enforcement of such laws. In Indian Council for Environmental Legal Action v. Union of India it was observed that:

Even though, it is not the function of the court to see the day-to-day enforcement of the laws, that being the function of the executive, but because of the non-functioning by the enforcement agency, the courts as of necessity have had to pass orders or direction to the enforcement agencies to implement the law for the protection of the fundamental rights of the people.

Here the question is whether civil action against the polluters by applying the precautionary principle and polluter-pays principle is enough or penal action should also be initiated against such offenders. Environment laws besides providing for protection of the environment also provide for penal action against the polluters. For e.g. Section 15 of the Environment (Protection) Act, 1986 provides for contravention of the provisions of the Act and the rules and regulations issued under the Act to be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues. Similar are the provisions provided by the Air (Prevention and Control of Pollution) Act, 1981 as well as the Water (Prevention and Control of Pollution) Act, 1974.

The Pollution Control Boards have powers to initiate action against the polluters. However, these Boards had till the recent past been functioning as

record-keepers maintaining statistics regarding pollution and only during the last few years these Boards have taken some initiatives to protect and improve the environment after being directed by the courts. It is a matter of surprise that even where pollution was easily visible or was being felt for e.g. air pollution in Delhi, the Boards acted as silent spectators till the Court intervened.

The environmental laws provide for a certain procedure for taking cognizance of offences for e.g. Section 49 of the Water (Prevention and Control of Pollution) Act, 1974 provides that no court shall take cognizance of any offence under this Act except on a complaint made by a Board or any officer authorised in this behalf by it; or any person who has given notice of not less than sixty days, of his intention to make a complaint, to the Board or officer authorised as aforesaid. Similar are the provisions relating to cognizance under Sections 43 and 19 of the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 respectively.

The procedure for filing complaint should be simplified. The requirement of giving notice to the Board or to the Central Government in case of offences under the Environment (Protection) Act, 1986 should be done away and instead of this, it should be provided that every person should have a right to directly file a criminal complaint against the offender in accordance with the procedure laid down in Section 200 CrPC. However, as a matter of safeguard against malicious prosecution it can be provided that the court shall call for a report from the Pollution Control Board concerned before summoning the accused. But at the same time it should also be provided that the complainant shall have the right to challenge the report of the Board by way of scientific or other evidence.

There are other special or local laws dealing with nuisance. But the Magistrate's power to act under Section 133 is not affected by them.[24] Even the Water (Prevention and Control of

Pollution) Act, 1974 has not taken away powers of the Sub-Divisional Magistrate under Section 133 CrPC. The Sub-Divisional Magistrate has power to close a factory causing pollution, when appreciation certificate from the Pollution Control Board is not produced.

Indian constitution and international law: India is a member of the United Nations organization since its inception. To

some extent environmental problems can be dealt on regional basis but all problems cannot be said to be a local. The entire nation on rich or poor, developed or developing, north or south facing the problem of pollution. Thus, the problem of pollution is to a large extent a trans boundary problem and sometime its effects are widely rampant and recognize no boundaries. It is true that we have ‘one planet to live on’ and ‘ we have common future’.

In this regard, various international conferences have been organized to forge a common strategy to contain and central the pollution problems and many international agreement and regional acts have been entered into for this purpose. The first international conference on environment and development was organized at Stockholm in 1972 (5 Jun 1972) in which 107 nation were participated. But only two heads of states came to address the conference and one of them was the then prime minister of India Mrs Indira Gandhi, 26 principle were propounded which are known as magna-Carta, on human environment.

Similarly, India has also participated in earth summit at Rio-de Janeiro (1992), Nairobi conference(1987), Kyoto Protocol (1997), Basel Conference (1989),convention of law of seas (1969), convention on international trade on endangered species (CITIES, 1973), Convention on Biological Diversity (1992), convention on climate change (1992) and many others.

THANK YOU

SOURCES:

http://www.yourarticlelibrary.com/air-pollution/measures-taken-for-controlling-air-pollution-from-industries-in-india/19769/

http://indianexpress.com/article/india/india-news-india/the-steps-aimed-at-curbing-rising-air-pollution-levels-in-delhi/

http://sandeep-advocate.blogspot.com/2008/05/vehicular-pollution-case-and.html

http://www.dec.ny.gov/chemical/8394.html

http://www.legalservicesindia.com/article/article/environmental-legislation-&-its-legal-aspect-162-1.html