Environmental protection under the Indian Penal Code, 1860
We humans have exploited our natural resources assuming there to be no
consequences at all. Since the dawn of civilization, we have managed to colonize
and change tracts of lands making them suitable for our needs. All not for the
worse, as it has led to the agricultural, scientific, industrial and
informational revolutions which have undoubtedly increased the quality of life
of everyone.
But our ambitions have made us ignore the health of our ecosystem for thousands
of years. It's not that we haven't cared for our environment, it's just that we
haven't cared for it for its own sake, but for our own survival and needs.
Environmental protection is not a novel idea. On the contrary, it has been a
part of the oldest civilizations of this world.
I.e. Environmental protection is the practice of protecting the natural
environment by individuals, organizations and governments. Its objectives are to
conserve natural resources and the existing natural environment and, where
possible, to repair damage and reverse trends.
History:
The sewer system in Mohenjo-Daro is one of the oldest systems of environmental
protection dating back to almost 4,500 years ago. All the streets had a drain
running along them. There were provisions to dispose waste water inside the
house itself. This type of protection is called as "brown conservation". It
focuses on limiting and mitigating pollution that is generated by human
activities, principally industry and agriculture, that affect human health.
The city-states of ancient Greece created laws that governed forest harvesting
some 2,300 years ago, and feudal European societies established hunting
preserves, which limited game and timber harvesting to royalty, effectively
preventing overexploitation, by 1000 CE.
When effects of industrialization and urbanization increased during the late
19th and early 20th centuries and threatened human health, governments developed
additional rules and regulations for urban hygiene, sewage, sanitation, and
housing.
Growing consensus for environmental protection also led to the creation of
world's first national park, The Yellowstone National Park in 1872.
Wealthy individuals and private foundations, such as the Sierra Club (founded
1892) and the National Audubon Society (founded 1905), also contributed to
efforts to conserve natural resources and wildlife.
The 19th century saw the advent of "green conservation" inspired by the
transcendental writings of Thoreau, Emerson, and the preservationist John Muir,
who ascribed an intrinsic value to nature. According to this philosophy, Nature
should be protected, not because it has current or future quantifiable value for
society, but rather, because of what we don't know about it. At the core of
these ideals is a belief that natural, pristine places have a spiritual and
magical grandeur, and that we should respect them out of childlike wonder
(Emerson 1836).
Environmental protection isn't a philanthropic task we should undertake but our
moral obligation. This started to get clearer by the 20th century. People became
aware of the harmful effects of emissions and use of chemicals in industry and
pesticides in agriculture during the 1950s and '60s. The emergence of Minamata
disease in 1956 in Japan, which resulted from mercury discharges from nearby
chemical companies, and the publication of Silent Spring (1962) by American
biologist Rachel Carson, which highlighted the dangers of pollution, led to a
greater public awareness of environmental issues and to detailed systems of
regulations in many industrialized countries. She highlighted the cascading
ecological and health effects of DDT, arguing that pollution was the primary
scourge against humanity.
Even with the evidence in hand there was little progress towards protecting the
environment as well as should be. This was evident from the "biologically dead"
Thames. The river flows through the heart of London, and was treated as sewer
for hundreds of years.
The awful stinking Thames, called "the Great Stink", had finally reached the
Houses of Parliament during the Heat Wave of 1857. This, along with the outbreak
of cholera, forced the lawmakers to pass a law for cleaning the Thames. And it
was not until 1865 that a plan was agreed.
Engineer Joseph Bazalgette masterminded the plan to divert sewage directly into
the outfalls at Beckton and Crossness, leaving the Thames in central London
sewage-free. This improved lot of central London, but the water downstream
became even fouler. Introducing sewage treatment 20 years later fixed the water
downstream but increasing industrialisation and London's growing population in
the early part of the 20th century continued to put a strain on the Thames.
Diverting sewage fixed the smell, but the river became dead. Another mission to
clean the Thames was undertaken in 1960. This further improved sewage treatment,
industrial discharges were removed, oxygen levels increased, and biodegradable
detergents came into use.
After 60 years of vigilant cleaning, it is now home to seals, salmons,
porpoises, and even the occasional stray whales and dolphins. After its
clean-up, the Thames now supports a huge diversity of fish. The "Great Stink"
has become a different place altogether. The Thames is now home to 125 species
of fish and more than 400 species of invertebrates living in the mud. Life is
thriving in the water and above the water. Waterfowl, waders, and sea birds
feeding on the rich pickings from water – all of them now inhabit the
environment around the Thames.
History of environmental protection in India:
After independence, the Indian constitution did not deal with the environment or
its protection up until the Stockholm Conference in 1972. Indian approach after
independence was focussed more on economic development and poverty alleviation.
One of the seminal issues that emerged from the conference is the recognition
for poverty alleviation for protecting the environment. The Indian Prime
Minister Indira Gandhi in her speech in the Stockholm Conference brought forward
the connection between ecological management and poverty alleviation. As per the
declaration, states were required to take legislative measures in order to
protect and improve the environment.
The Stockholm Deceleration was one of the most influential moments in history
that decided the direction in which human ingenuity and wastefulness was headed.
After seeing the horrors of the two world wars in less than half a century, the
world realised that more was needed to be done to bring the world back to it's
natural normalcy. The meeting among 114 governments agreed upon 26 decelerations
ranging from asserting human rights, to safeguarding natural resources to
elimination of WMD's.
As per the declaration, states were required to make legislations and take
legislative measures to protect and improve the environment. As a result,
Article 48A was added as the Directive Principle of State Policy along with
Article 51A through the 42nd Amendment Act, 1976 making the duty of government
and the citizens to protect the environment.
Article 48A of the Indian Constitution laid down that "the state must try to
protect and preserve the environment but also safeguard the wildlife and forests
of the country.
Article 51A (g) of the Indian Constitution laid down that "the citizens of India
must protect and improve the natural environment, including forest, wildlife,
lakes, and rivers, and also to have compassion for the living creatures.
In MC Mehta vs. Union of India, the Court held that under Article 21 of Indian
Constitution, it is a fundamental right to live in a pollution-free environment
and if there isn't any healthy environment for the citizens to live in then this
right would not mean anything.
Provisions under IPC:
Even though environmental protection wasn't a part of the policies of the Indian
state, there are various sections in the IPC, 1860 that make polluting the
environment punishable.
Chapter XIV of the IPC, containing Section 268-294-A, deal with the offences
that are related to safety, public health, etc. These provisions make public
health a priority and make any act punishable which pollutes the environment and
makes the life of an individual dangerous. These provisions will be considered
as "brown conservation" laws as they help improve the human quality of life and
not meant for the inherent protection of the environment.
Section 268 of the IPC defines the term "public nuisance" and states that if any
person does any illegal act, or omission then he/she is guilty of an offence.
Public nuisance is considered a crime in India. Such an act must have caused a
'common injury', danger or annoyance to the public at large, or to the people of
a vicinity or such an act must violate someone's public right.
Nuisance is not excused on the ground that it causes some convenience or
advantage.
Moreover, Section 290 makes the offence of public nuisance punishable with a
fine extending up to Rs. 200. Therefore, if any act or omission of polluting the
environment is committed, harming any citizen, then the same shall be subject to
prosecution. Section 290 also makes noise pollution an offence.
In K Ramkrishnan v. the State of Kerala AIR 1999 Ker 385, the court held
the smoking in public places is an offence and the same shall amount to public
nuisance. It is punishable under Section 290 of the IPC. Moreover, according to
the reports published by the World Health Organization (WHO), carbon dioxide
emission from cigarettes contributes to almost 5% of the global greenhouse gas
production.
Section 277 of IPC states that if anyone who voluntarily corrupts or fouls the
water of public spring or reservoir, so as to make it unfit for ordinary public
use, shall be held punishable with imprisonment for up to 3 months or with fine
up to Rs. 1000 or with both.
However, the interpretation of the term "public spring or reservoir" by the
courts is quite restrictive as it does not include flowing water of rivers,
streams, and canals.
Fouling of running river water in a continuous stream is not an offence under
this provision, however, if there is sufficient evidence to show that the act
has caused common injury or danger to the public then it can be an offence
punishable under section 290.
In Emperor v. Nama Rama, the accused and nine others were charged under this
provision for fouling river water and making it unfit for drinking by steeping
therein aloe plants to extract fibres from it. The trial Court convicted them.
The Bombay High Court, after an appeal was filed, held that a river is not a
public spring as mentioned in Section 277.
Yet still the District Magistrate was informed that though the act of the
accused might not be an offence under section 277, from the description given it
might well be a nuisance under section 290 of the IPC. The Court was therefore
called on not to interfere.
According to Section 278, whoever voluntarily vitiates the atmosphere of any
place so as to make it harmful for any person's health in a general dwelling, or
carrying on a business in a neighbourhood or passing along the public way, shall
be liable to a fine of up to Rs. 500.
In a revision petition filed in the Kerala High Court by a Padinjaraknnu Joseph,
it was held that the revision petitioner had drained filthy water to the nearby
river from his pigsty resulting in his conviction under section 278. The High
Court found no grounds to interfere with the subordinate court's judgement in
relation to section 278.
Moreover, sections like section 269 provides for negligent acts likely to spread
dangerous infection like if the pollution is caused by an act which spreads the
infection of disease dangerous to life.
Section 429 of the IPC states that anyone who mischievously killed, poisoned or
maimed any elephant, camel, horse, mule, buffalo, bull, cow or ox irrespective
of their value or any other animal of value of or more than value of Rs. 50
should be punished with an imprisonment up to 5 years or with fine or both.
Section 430 of the IPC states that anyone who mischievously done any act which
caused a diversion of the water used for agricultural purposes or for food or
drinking by human beings or by animals or for manufacturing by industry should
be punished with imprisonment up to 5 years or with fine or both.
The IPC basically can be used to prevent pollution of atmosphere noxious to
health of person in general. Furthermore, sections 426, 428, 431 and 432 of the
IPC provides for general pollution caused by mischief.
Similarly, the provisions of the Criminal Procedure Code, 1973 can be invoked as
well to prevent pollution. Sections 133 to 143 and; Section 144 (under chapter
X, part A and B respectively) provide most effective and speedy remedy for
preventing and controlling public nuisance causing air, water and noise
pollution.
Conclusion:
This entire field of environmental protection stems from the need to control
global warming. Over the last century meteoric advancement in meteorology,
computing power and artificial intelligence has helped us map the history of the
climate. It has also helped us in projecting the development of the climate over
long periods of time.
The latest Intergovernmental Panel on Climate Change (IPCC) report projects a
0.26 m to 0.77m rise in the sea level by the year 2100 for 1.5°C global warming
and about 0.1m more for 2°C. A difference of 0.1 m may correspond to 10 million
more or fewer people exposed to related risks.
Anthropogenic greenhouse gas emissions have already contributed 0.8–1.2 °C of
warming. Nevertheless, the gases which have been emitted so far are unlikely to
cause global temperature to rise to 1.5 °C alone, meaning a global temperature
rise to 1.5 °C above pre-industrial levels is avoidable, assuming net zero
emissions are reached soon.
To reach net zero emissions, the Paris Agreement was open for signatures on the
22nd April 2016. 193 UN members are parties to the agreement.
The Paris Agreement's long-term temperature goal is to keep the rise in mean
global temperature to well below 2 °C above pre- industrial levels, and
preferably limit the increase to 1.5 °C, recognizing that this would
substantially reduce the effects of climate change. Emissions should be reduced
as soon as possible and reach net-zero by the middle of the 21st century. To
stay below 1.5 °C of global warming, emissions need to be cut by roughly 50% by
2030.
It aims to increase the ability of parties to adapt to climate change effects,
and mobilise sufficient finance. Under the Agreement, each country must
determine, plan, and regularly report on its contributions. No mechanism forces
a country to set specific emissions targets, but each target should go beyond
previous targets.
As environmental protection has its initiation in controlling climate change due
to anthropogenic causes, it should be considered as "brown conservation",
because up until we manage our global temperatures to stable levels, we are
taking care of the environment only for our own survival. Green conservation
doesn't even start before we correct our mistakes.
We have managed to substantially transform the thick dense forest on this planet
into a concrete jungle in a matter of a few hundred years. This world has had to
go around the sun 4.5 billion times before humans could safely breath in its
atmosphere. And if we aren't cautious and careful about co-existing with this
blue marble floating in this vast vacuum of nothingness, rest assured, even if
we find a planet suitable for Earth life, we'll be long dead before we reach it.
These laws are considered to be "brown conservation" laws. Brown conservation is
conservation which focuses on limiting and mitigating pollution that is
generated by human activities, principally industry and agriculture, that affect
human health.
We need to work towards "green conservation" which is protecting the environment
for its own sake. This environment contains countless species and we are the
only one who can destroy it all. Environmental protection is not a philanthropic
task we should undertake but our moral obligation.
We have managed to substantially transform the thick dense forest on this planet
into a concrete jungle in a matter of a few hundred years. This world has had to
go around the sun 4.5 billion times before humans could safely breath in it's
atmosphere. And if we aren't cautious and careful about co-existing with this
blue marble floating in this vast vacuum of nothingness, rest assured, even if
we find a planet suitable for Earth life, we'll be long dead before we reach it.
Law Article in India
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