STRUCTURE

• Introduction – What is pollution (15 words)                     
• Body – Explain the measures and remedies taken by the government to control pollution (120 words)
• Conclusion – Mention a short conclusion  (15 words)

ANSWER

Pollution is the introduction of contaminants into the natural environment that cause adverse change.

National Environmental Legislation

• Our constitution, originally, did not contain any direct provision regarding the protection of natural environment.
• However, after the United Nations Conference on Human Environment, held in Stockholm in 1972, Indian constitution was amended to include protection of the environment as a constitutional mandate.
• Environment related legislation came very late in 1972 with Wild Life Protection Act 1971.
• The forty second amendment (Fundamental Duties) Clause (g) to Article 51A of the Indian constitution made it a fundamental duty to protect and improve the natural environment.
• Clause (g) to Article 51A of the Indian constitution states “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and have compassion for living creatures.”
• There is a directive, given to the State as one of the Directive Principles of State Policy regarding the protection and improvement of the environment.
• Article 48A states “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”.
• Article 21 of the Indian Constitution assures the citizens of India the right to a healthy environment.
• The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests (MoEF) in 1985.
• The Environment Protection Act of 1986 (EPA) came into force soon after the Bhopal Gas Tragedy and is considered umbrella legislation as it fills many lacunae in the existing legislations.

Water (Prevention and Control of Pollution) Act

The Water (Prevention and Control of Pollution) Act of 1974 and Amendment, 1988

Some important provisions of this Act are given below:

• The Act vests regulatory authority in State Pollution Control Boards to establish and enforce effluent standards for factories.
• A Central Pollution Control Board performs the same functions for Union Territories and formulate policies and coordinates activities of different State Boards.
• The Act grants power to SPCB and CPCB to test equipment and to take the sample for the purpose of analysis.
• Prior to its amendment in 1988, enforcement under the Act was achieved through criminal prosecutions initiated by the Boards.
• The 1988 amendment act empowered SPCB and CPCB to close a defaulting industrial plant.

The Water (Prevention and Control of Pollution) Cess Act of 1977

• The Water Cess Act was passed to generate financial resources to meet expenses of the Central and State Pollution Boards.
• The Act creates economic incentives for pollution control and requires local authorities and certain designated industries to pay a cess (tax) for water effluent discharge.
• The Central Government, after deducting the expenses of collection, pays the central and state boards such sums, as it seems necessary.
• To encourage capital investment in pollution control, the Act gives a polluter a 70% rebate of the applicable cess upon installing effluent treatment equipment.

Air (Prevention and Control of Pollution) Act

• The Air (Prevention and Control of Pollution) Act of 1981 and amendment, 1987
• To implement the decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972, Parliament enacted the nationwide Air Act.
• The main objectives of this Act are to improve the quality of air and to prevent, control and abate air pollution in the country.

Environment (Protection) Act of 1986

• In the wake of the Bhopal tragedy, the government of India enacted the Environment Act of 1986.
• The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment of 1972.
• The decisions relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property.
• The Act is an “umbrella” for legislations designed to provide a framework for Central Government, coordination of the activities of various central and state authorities established under previous Acts, such as the Water Act and the Air Act.
• In this Act, main emphasis is given to “Environment”, defined to include water, air and land and the inter-relationships which exist among water, air and land and human beings and other living creatures, plants, micro-organisms and property.
• “Environmental pollution” is the presence of pollutant, defined as any solid, liquid or gaseous substance present in such a concentration as may be or may tend to be injurious to the environment.
• “Hazardous substances” include any substance or preparation, which may cause harm to human beings, other living creatures, plants, microorganisms, property or the environment.
• Through this Act Central Government gets full power for the purpose of protecting and improving the quality of the environment.