With increasing industrial activity, urban sprawl, and human negligence, the
ecological balance is being severely threatened. This paper reflects on existing
legal frameworks, landmark judicial interventions, and the functioning of
environmental regulatory bodies like the CPCB and SPCBs. It also examines the
shortcomings in enforcement and highlights the steps necessary to strengthen our
approach to environmental preservation.
Introduction
Pollution is no longer a localized or occasional concern; it is a persistent
issue affecting air, water, and soil across the globe. India, with its vast
population and developmental challenges, finds itself at a critical crossroads.
The increasing pollution levels pose a direct threat to the health of millions
and the overall sustainability of natural resources. Through this paper, we seek
to evaluate the legal measures in place to tackle pollution and assess how
effectively they are being implemented.
Literature Review
Academics have extensively examined India's environmental jurisprudence,
especially since the enactment of the Environment (Protection) Act in 1986. The
literature emphasizes the importance of harmonizing various environmental
statutes while also drawing attention to the significant role played by courts,
particularly the Supreme Court, in interpreting and reinforcing environmental
laws.
Methodology
This paper employs doctrinal research methodology. It is prepared through a
thorough study of statutory provisions, judicial decisions, and reports
published by relevant environmental bodies (CPCB,SPCB and JPCB).The primary sources include legislation
and case law are complemented by secondary sources such as scholarly articles
and government publications and other relevant reports about the environment.
Results
There is no control of environmental pollution even though India have several
laws for controlling pollution. One of the major issue is air pollution in
cities like Delhi which is high in winter season . People suffer from breathing
issues and also can lead to other issues due to low air index quality. Another
major issue is the pollution of water. The major water sources like Ganga is
still being polluted due to contamination through the factories nearby.
The
authorities do take necessary action for keeping it clean but it is not being
that effective. The improper management of waste is another issue as many people
is not bothered about it. The electronic and hazardeous wastes are dumped
negligently causing pollution in the environment.
The legislature are making laws and courts are making orders for the protection
of environment but it is not enforced properly. The people should have the civic
sense to protect the environment and to safeguard it for future generations.
Discussion
India is one of the country which have strong laws in respect of protecting the
environment ,also have courts, Tribunals and boards like CPCB , SPCB and JPCB
which provides strong judgement in the matters of environment. India also have
some landmark doctrine like "Polluter pays principle", "Precautionary
principle", "Public Trust Doctrine" etc., to keep the environment protected but
the major issue here is whether these laws, orders and doctrines are used
properly.
The people of the country are unaware of their fundamental duty to protect the
environment and live in clean society .It requires a collective effort from
everyone to have a clean, pollution free environment. The people and authorities
should work hand in hand for a pollution free society.
Conclusion
Pollution have became a serious to be concerned in the country, which affect the
present and future of the country. India having strong laws and authorities the
purpose of protecting the environment from pollution, It is not been followed
properly. All the people in the country and the authorities have to jointly work
for having a clean environment by protecting it preserving it for the future
generations.
Everyone should understand the need for protecting the environment so that the
people, government , court should have a common goal of protecting the
environment so that we can work the achieve that goal collectively.
References:
- M.C. Mehta v. Union of India, (1987) SCR (1) 819.
- Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.
- The Environment (Protection) Act, 1986.
- The Air (Prevention and Control of Pollution) Act, 1981.
- The Water (Prevention and Control of Pollution) Act, 1974.
- Central Pollution Control Board, Annual Report 2022-23.
- Kerala State Pollution Control Board, Environmental Data Bank 2022.
Comments