The object of this project is to gain a more a holistic and deep understanding of the Legal and Regulatory framework governing Land Pollution in India By looking into the origin of Environment we understand how the society till date has shaped and what is the Causes and Effects of Land Pollution and what contribution the Law has given . Another very important object of this project is to understand what the need of Environmental Law in the society was.
The method of research adopted is doctrinal in nature. I have referred sources on the net as well as a few books on Environmental Law available in the university library besides adding my personal views and knowledge of the topic.
Land pollution is the contamination of the Earth’s land surface through misuse of the soil by poor agricultural practices, mineral exploitation, industrial waste dumping, and indiscriminate disposal of urban wastes. It includes visible waste and litter as well as pollution of the soil itself.
Soil pollution is caused by chemicals in herbicides and pesticides for agricultural activities as well as littering of waste materials in public places such as streets, parks and roads. The accumulation of waste is a threat to the health of people in residential areas and waste decays also encourages household pests and turns urban areas into unsightly, dirty and unhealthy places to live in. These problems result in the loss of 6 million hectares of land each year. It also results in the loss of 24 billion tons of topsoil each year and a loss of at least 15 million acres of prime agricultural land to overuse and mismanagement every year. Some measures of land pollution are through the education of people through campaigns, recycling to reduce wastes. Laws have also been passed by governments to deal with land pollution.
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When we hear a person describe a place as ‘dirty’, what usually comes to our minds is the bad condition of the place. The place, which could be your bedroom, is imagined to have clothes scattered on the floor and books unarranged on the shelf. However, I define the word ‘dirty’ in a more specific manner. ‘Dirty’ in my definition, means that there are rubbish or litter on the floor. This makes the atmosphere of that certain place unpleasant not only to the eye, but also to the mind. Land pollution is therefore the dirtying of the land. It comes about due to inconsiderate dumping of waste, littering and ineffective waste disposal methods.
Mixing of harmful substances with soil is called land pollution. When the natural soil gets mixed with the harmful and toxic elements due to various means, it pollutes the soil and alters its original physical and chemical characteristics. Animals waste too pollutes land.
The effect of such soil pollution is quite harmful and dangerous on human life as well as on plants and animals. Soil pollution slowly and steadily causes environment and air pollution as well by vaporization of various harmful chemicals from the contaminated land. Polluted land results into further pollution of plants and ground water resources which ultimately leads to polluting entire web of food chain in the ecosystem.
Chapter 1 Causes and Effects of Land Pollution
People across the globe have been facing a number of health problems caused due to the pollution of land, water and air. Talking about land pollution, it has some of the most devastating effects on both nature and living beings. Land pollution is characterized by the contamination of Earth’s surface, where humans and other creatures live. One of the major causes of land pollution is human activities. Given below is complete information about the main causes and harmful effects of land pollution.
1.1 Causes of Land Pollution
The disposal of non-biodegradable wastes, including containers, bottles and cans made of plastic, used cars and electronic goods, leads to the pollution of land.
The process of mining leads to the formation of piles of coal and slag. When these wastes are not disposed through proper channel, they are accumulated and contaminate the land.
Industrial wastes are major contributors of land pollution. Dumping of toxic materials such as chemicals and paints makes the areas surrounding the industries, look very filthy.
Improper treatment of sewage leads to the accumulation of solids, such as biomass sludge. These solid wastes overflow through the sewage, making the entire area look dirty. [1]
Population
India is the second most populous country in the world with more than 1 billion people. This large population is also an environmental challenge for the world.
Soil Erosion
This is the biggest problem. Wind also aids in expanding the ever-increasing desert conditions of the Rajasthan desert. Similarly, many ports are now covered in sand for the same reasons.
Deforestation
Although the British started deforestation in India, the pressures to modernize since the partition of 1947 have only increased the rates of deforestation. The mercurial growth of cities and the rapid construction of factories to help feed the thirst for economic growth have come at the cost of India’s woodlands. These policies not only harmed the trees but the indigenous peoples that had long thrived among the trees throughout India.
2. Effects of Land Pollution
Tonnes and tonnes of domestic wastes are dumped every day. Since people do not follow proper methods for the disposal of such wastes, it leaves the places look dirty and makes them unhealthy.
Land pollution indirectly affects the respiratory system of human beings. Breathing in polluted dust or particle can result in a number of health problems related to the respiratory system. [2]
Skin problems are often diagnosed due to land pollution. It is said that the improper disposal of household wastes leads to allergic reactions on the skin.
Land pollution has been found as one of the leading causes for birth defects. Pregnant women living in unhealthy and dirty environment can incur breathing problems and a number of diseases, which may affect the health of the baby as well.
Land pollution has serious effect on wildlife. Flora, which provides food and shelter to wildlife, are destroyed.
Land pollution often disrupts the balance of Nature, causing human fatalities.
Chapter 2 Legal framework governing Land Pollution in India
2.1 Policy under the Five-Year Plan.
India’s development plans balance economic development and environmental concerns. The planning process is guided by the principles of sustainable development. There has been an evolutionary process for mainstreaming environmental protection in India’s planning process. The first formal recognition of the need for integrated environmental planning was made when the Union Government constituted the National Committee on Environmental Planning and Coordination (NCEPC) in 1972. The concern for environmental harm came to the fore especially during the Sixth Five-Year Plan (1980-85), which contained a separate provision for environmental degradation. Steps were also taken for water, air, noise, and land pollution. [3]
2.2 Constitution of India
a) The State’s responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows: “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”.
b) Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) of our Constitution which reads as follows:
“It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.”
c) Article 21 of the Constitution is a fundamental right which reads as follows:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
d) Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties.
e) The State’s responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows:
“The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
2.3 The Environment (Protection) Act, 1986
The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that provides a holistic framework for the protection and improvement to the environment.
In terms of responsibilities, the Act and the associated Rules requires for obtaining environmental clearances for specific types of new / expansion projects (addressed under Environmental Impact Assessment Notification, 1994) and for submission of an environmental statement to the State Pollution Control Board annually.
2.4 Hazardous Wastes (Management and Handling) Rules, 1989,as amended in 2000
Waste refers to a material that has no utility for a person. Although natural waste can be disposed off and recycled or composted, it is the toxic, non-degradable waste of plastic and electronic goods that is becoming a mounting problem for India and other developing nations. Besides the contribution of households, garbage is also generated by industries, agriculture and mining. [4]
The Hazardous Waste Rules applied to Management and Handling of 18 categories of wast like:
Cyanide wastes
Metal finishing wastes
Waste containing water soluble chemicals compounds of lead, copper, zinc, chromium, barium, and antimony
Mercury, arsenic, thallium, and cadmium and antimony
Non-halogenated hydro carbons including solvents
Halogenated hydro carbons including solvents
Wastes from paints, pigments, glue, varnish and printing ink
Wastes from dyes and dye-intermediates containing inorganic chemical compounds
Wastes from dyes and dye-intermediates containing organic chemical compounds
Waste oil and oil emulsions
Tarry wastes from refining and tar residue from distillation or pyro lytic treatment
Sludge arising from treatment of waste water containing heavy metals, toxic organic, oils, emulsion and spent chemical and incineration ash
Phenols
Asbestos
Wastes from manufacturing of pesticides and herbicides and residues from pesticides and herbicides formulations units
Acid wastes
Off specification and discarded products
Discarded container liners of hazardous and toxic chemicals and wastes. [5]
The Problem of Disposal of Hazardous Waste and its Dangers
The sharp increase in waste generation is not matched by facilities for disposal of hazardous waste. In India, waste is either burnt or just buried at a place. The sharp increase in the quantum of generated waste and the inadequate space for its disposal has led to improper methods of disposal. Consequently, problems like contamination of ground water and increased air pollution have emerged as serious threats to general health and life. The municipal workers are most affected people by the occupational danger (hazard) of waste handling; they suffer from illness like eye problems respiratory problems, gastro and skin problems. [6]
While the improper disposal of solid waste can result in environmental and health problems, the growing quantum of electronic waste poses a massive risk to our ecological system. Electronic equipment waste ranging from personal computers, optical disc players and mobile phones contains toxic materials like lead, cadmium, mercury, flame retardants and leaching plastics. If this waste is left untreated in landfills or dumps (as is the case in India), it will result in irreparable loss to the life in the soil, water and the atmosphere, thus adversely impacting human health and ecology. People working in areas close to these landfill areas or areas where electronic waste is stored are in danger of severe health problems like damage to the kidneys, swelling of the brain, interference with regulatory hormones, skin problems, cancer and neurological and respiratory disorders.
Indian Laws relating to Disposal of Hazardous Waste
In India, the Environment Protection Act, 1986, authorizes the central government to take all measures deemed necessary or expedient to protect the quality of environment and prevent any type of pollution. Hence, the Government of India has framed the Hazardous Waste (Management and Handling) Rules, 1989 and Hazardous Waste (Storage Export and Import) Rules, 1989 to regulate the disposal of hazardous waste in India. [7] These rules make it mandatory for any organization to seek the permission of the local state pollution control board for grant of authorization for carrying hazardous substances in the form of collection, reception, treatment, transport, storage and disposal of such wastes.
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In recent judgement of Rajasthan High court in the Suo Motu action taken against the administration of Jaipur city, Justice D. V. Singh held that right to life includes the right to food, clothing, shelter, right to reasonable accommodation to live in, right to descent environment and also right to live in clean city. Even in the case of Municipal Council, Ratlam V. Vardichand [8] , the case which was the beginning point of environment jurisprudence in India in which justice Krishna Iyer attributed the pollution free environment and public health with that of Human right aspect. Judgment and decisions of the judiciary have proved that pollution free environment and clean city is facet of Right to life.
The Basel Convention
Which was signed by India on 22 September, 1992, sought to regulate the “garbage imperialism” or “toxic terrorism”, as it was called, indulged in by the Organisation for the Economic Cooperation and Development (OECD) countries towards Non-OECD Countries. The Basel Convention envisaged that in the beginning of year 1998, there will be complete ban on exports of hazardous waste but it could not materialize for obvious reasons. Besides so many important clauses in the Basel Convention, the most important one is that the country which is importing hazardous waste should have facilities to dispose of the waste in an environmentally sound manner.
Final Legal Take Away Tip
The government of India has proposed a new set of rules called the E-waste (Management and Handling) Rules 2010. This provides for making the producer of electrical and electronic equipment responsible for the collection and appropriate disposal of e-waste generated at the end of the product life. [9] Besides banning the import of used electrical and electronic equipment for charity in the country, these new rules also aim to regulate not only the producers, but also the recyclers and intermediaries.
2.5 Law Relating to Bio-Medical Waste Management
The hospital wastes attracted the attention of the Supreme Court as early as in 1994 when a writ petition was filed under Article 32 of the Constitution against the concerned authorities to provide clean and health environment. Issue of improper hospital waste management was the crux of the case in B.L. Wadhera v. Union of India [10]
The court gave series of directions. The most important among them are:
1. All hospitals with 50 beds and above should install incinerators or any of effective alternative method under their own administrative control.
2. The incinerator or alternative methods should be fitted with necessary pollution control mechanism, approved and confirming to the standards laid down by the Central Pollution control Board.
3. The Central Pollution control Board and the State Pollution Control Boards should regularity send its inspection teams in different areas to ascertain that the collection, transportation and disposal garbage/wastes is carried out satisfactorily. Under the Indian Penal Code, 1860 a polluter of the environment can also be punished if he does an act which causes any common injury, danger of annoyance to the public or to the people in general then the act may be treated as public as defined under Section 268 and the offender may be treated punished under Section 290 or 291 of the Code, There are also penal provision under a situation which either causes, or destroys, or diminishes the value or utility of any property, of affects the property injuriously as provided under the Section 426, 230, 231, and 432 of the Indian Penal Code. This otherwise means that if any person who generates, collects, receives, stores, transport, treated, disposes or handles bio-medical wastes in any form shall be treated as a contravener of the above penal provisions. [11]
There should be concerted efforts of government for spreading the awareness among the people about the importance of cleanliness and protection of environment through the communication media as well as organizing awareness camps at local levels. [12]
Bio Medical (Management and Handling) Rules, 1998
The Bio-medical Rules came into existence in 1998 through a notification in exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986.
Bio-medical Rules is the first of its kind of national law in whole South- East Asian Region in relation to bio-medical waste management. The definition of Bio-medical waste is very comprehensive and extensive one.
National legislation is the basis for improving health care waste practices in any country. There should be a clear designation of responsibilities before the law is enacted. Unfortunately, Indian law fails to come up to the standard prescribed by the World Health Organization.
The Committee on Solid Management [13] recommends that bio-medical waste should be refrained from throwing on the streets or open places as well as into municipal dust bins or the domestic waste collection sites. This means majority of the institutions still managed to throw the bio-medical waste municipal bins near to their premises. So it can be said that utter failure of the law in implementing it.
The Rules is very wide and includes the occupier who generates bio-medical waste.
The Rules which speak about setting up of incinerator or any other alternative mechanism in a hospital. Let us presume that the all the hospitals have set up the incinerator. Has the Pollution Control Board equipped with enough infrastructures to check and each and every incinerator of a hospital in relation its operation and emission standards? [14]
Just by imposing deadline regarding setting up of incinerator even after it has been discarded by western countries or any other methods. The incinerator should be used at it optimum level otherwise the waste may not be treated properly.
In a hospital environment, technologies like incineration fail because untrained janitor staff runs them. Most of the surveys incinerators run at temperatures lower than those specified in the rules. Due to poor operation and maintenance, these incinerators do not destroy the waste, need a lot of fuel to run, and are often out of order.
If every hospital has an incinerator; definitely it cannot be used its optimum level as the amount infectious waste is less. This leads improper treatment of bio-medical waste. The result is obvious causing danger to human health and the environment
Generally waste is disposed through incineration by heating minimum 1000 o C. Due to failure of continue supply of electricity the heat will not raise up to prescribed level. The result is not completion of disposal of waste according to the rules.
2.6 The Municipal Solid Wastes (Management and Handling) Rules, 2000
This defined ‘municipal solid waste’ as ‘commercial and residential wastes generated in a municipal or notified areas in either solid or semi-solid form excluding industrial hazardous wastes but includes treated bio-medical wastes.’
According to Purden & Anderson, ‘refuse and solid waste are about the same thing, Garbage is food waste, Trash and Rubbish are roughly equivalent terms; they contain little or no garbage. Trash frequently refers to grass and shrubbery clippings, papers, glass, cans and other household wastes. [15] Rubbis is also likely to include demolition materials like brick, broken concrete, and discarded roofing and lumber.’ It has further been clarified that solid waste includes discarded and abandoned appliances tank autos, mine and manufacture waste, agricultural, lumbering, hospital, research laboratories and industries. Some industrial wastes are toxic or hazardous.
It is important to ascertain the nature of waste whether it is biodegradable or combustible in handling and disposal of solid waste. Combustion and landfill method of disposal further gives rise to problems like air, water and land pollution, affecting adversely the health of the man, and flora and fauna. Apart from household, office waste, the waste from industries within the city precincts have become a threatening problem now-a-days. Waste from industries using chemicals and synthetics, biomedical waste are hazardous or dangerous waste too.
The Indian Penal Code and Solid Waste Management
The Indian Penal Code of 1860 has dealt with solid waste management under Chapter XIV ‘of offences affecting the public health, safety, convenience, decency and morals’. Since, solid waste gives rise to various type of diseases and is dangerous to public health, it has been treated as ‘public nuisance’ and has been made punishable. But there is no direct section in the Code which deals with the problem of solid waste.
Provisions under the Criminal Procedure Code, 1973
Section 133 of the Criminal Procedure Code, 1973 deals with ‘removal of nuisance’ and empowers the Sub-Divisional Magistrate or any executive Magistrate, on receiving report/information, to make order to remove the public nuisance and desist from carrying any trade, business which is causing public nuisance. The Court have made use of Section 133 of the Code widely to deal with the problem of solid waste management. In the famous case of Municipal Corporation, Ratlam v. Shri Vardhichand [16] Justice Krishna Iyer declared that ‘…the guns of Section 133 go into action wherever there is public nuisance. The public power of the Magistrate under the Code is a public duty to the members of the public who are victims of the nuisance.’ If the order is defied or ignored, Section 188, I.P.C. comes into penal play. It was further, observed that ‘imperative tone of S. 133, Cr.P.C. read with the punitive temper of S. 188 I.P.C. makes the prohibitory act a mandatory duty.’
The Court also pointed out that Article 47 of the Indian Constitute makes it a paramount principle of governance that ‘steps are taken for the improvement of public health as amongst its primary duties.’
Right to sanitation, decent and dignified life
The courts on various occasions have declared in unequivocal terms that maintenance of health, preservation of sanitation falls within the purview of Article 21 of the Constitution as it adversely affects the life of the citizen and it amounts to slow poisoning and reducing the life of the citizen because of the hazards created, if not checked. The court have also declared that it is a primary, mandatory and obligatory duty of the municipal corporations/ councils to remove rubbish, filth, night soil or any noxious or offensive matter. [17] The Pollution Boards and its officers have a basic duty under the Environment (Protection) Act, 1986 to stop unauthorised movement and/or disposal of the waste. They are also empowered to take action against erring industries and persons. In Virendar Gaur v. State of Haryana and in many other cases, the Supreme Court has time and again declared that right to life under Article 21 encompasses right to live with human dignity, quality of life, and decent environment. Thus, pollution free environment and proper sanitary condition in cities and towns, without which life cannot be enjoyed, is a integral facet of right to life.
A Landmark Case
The Supreme Court of India in Dr. B.L. Wadehra v. Union of India [18] , emphatically pronouncement that the ‘resident of Delhi have a statutory right to live in a clean city.’ Therefore, Municipal Corporation of Delhi (MCD) and New Delhi Municipal Council (NMCD) are under a statutory obligation to scavenge and clean the city and ‘it is mandatory for these authorities to collect and dispose of the garbage/waste generated from various sources in the city.’ It was further observed that ‘non-availability o funds inadequacy or inefficiency of the staff, insufficiency of machinery etc. cannot be pleaded as ground for non-performance of their statutory obligations.’
2.7 The new Plastic Waste (Management and Handling) Rules 2011
New rules in India have banned the use of plastic sachets for storing and selling food and tobacco products, and both recycled and compostable bags used for carrying foodstuffs have also been banned.
The new Plastic Waste (Management and Handling) Rules 2011 have not entirely banned recycled plastic bags, but in addition to their restrictions on carrying food items, they must conform to a number of other rules laid down by the Bureau of Indian Standards, one of which states: ‘The plastic carrying bags shall either be white or only with those pigments and colourants which are in conformity with the bar prescribed by the Bureau of Indian Standards’. Bags should also be no less than 40 microns in thickness, double the thickness required under previous rules. Officials hope the new rules will achieve thickness uniformity throughout the country. [19]
Chapter 3 Suggestions
In such cases one has to adopt `cradle to grave’ solutions from generation to final disposal of the wastes. This is particularly essential with the waste including toxic and hazardous wastes. To contain and control the problem, there must be `awareness program’ to reduce solid waste, to reuse the things if possible and to recycle the wastes like paper waste. Thus, it deals attitudinal change amongst the people before we venture to strengthen the existing laws and implement them effectively and efficiently
Reprocess the wastes to recover energy and material.
Separate hazardous waste from other source material for efficient handling.
Incinerate or otherwise convert hazardous wastes to non-hazardous wastes.
To encourage recycling of material, some motivation be given.
Efficient laws alone cannot solve the problem, unless we have efficient mechanism to implement, will of the government to implement and attitudinal change among the masses is needed
Multiplicity of laws and multitudinous authorities cannot overcome such problem unless people are made aware of the adverse effects of this problem and they abide by laws with an aim to safeguard the present and future generation.
Municipal corporation is a local authority within the meaning of `State’ under Article 12 of the Constitution and it is Statutory duty to collect, store, transport, process and dispose of the municipal soiled wastes and see the health & hygiene of the public is maintained.
Report anyone who actively dumps waste to the appropriate authorities.
Reduce, re-use and recycle.
Glass Bottles or jars can be reused or taken to a bottle bank for recycling.
Metals: Used aluminum and steel cans can be collected as scrap and smelted for re-use. Avoid batteries. They contain a range of metals but are difficult to recycle.
Plastics: Many drink bottles are made from a plastic called PET, which can be re-used.
Vegetable Waste: A bucket with a lid makes a good container for vegetable waste that can be regularly added to the compost heap for use in the garden.
Efforts at individual levels should be promoted.
People should form the habit of storing waste at source in their own houses and deposit such waste into the municipal system only. [20]
Conclusion
The apathetic Governmental attitude towards the disposal of waste is a problem that has led to difficulties in implementation of “The Municipal Solid Waste (Management & Handling) Rules, 2000” as it has led to ignorance towards uncollected domestic waste. The waste processing and disposal facility has to be set up by the Municipal Authority on their ow
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