Environmental Law Education Need for the Existence of the Society

Introduction:

Environment is a combination of the various physical and biological elements that affect the life of an organism. In simple language environment means “Surroundings, especially the material and spiritual influence which effect the growth development and existence of a living being.

“Environment includes water, air and land and the inter relationship which exists among them and between water air and land and human beings, other living creatures, plants, micro-organism and property”.[1]

In M.C. Mehta Vs. Union of India[2] the supreme court defined the term "Environment" as follows:

A point has been reached in history when we must shape our actions throughout the world with a more prudent care for the environmental consequences. Through ignorance or indifference we can do massive and irresponsible harm to the earthly environment on which our life and well-being depend, we can achieve for ourselves and our parterites a better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life what is needed.

Is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature man must use know ledge to build in collaboration with nature a better environment. To defend and improve the human environment for present and future generations has become an imperative goal for mankind - goal to be pursued together with, and in harmony with the established and fundamental goals of peace and of worldwide economic and social development."

ADVANTAGE AND DISADVANTAGE:

Employment opportunities, production, economic progress and foreign exchange reserves of a country mainly depend upon the industrialisation of that country. It is an undoubted fact that a country's economic resources is linked with industrial development of that country. Apart from advantages, disadvantages are also more in irresponsible industrialisation. Industrialists who are only aiming at profit are ignoring the safety provisions and ultimately polluting the environment, which is effecting the health of inhabitants of that area. The industrial pollution not only affects the present generation, but also affects the future generations. World Health Organisation (WHO) warned the advanced countries about the ill effects of industrialisation on human health and Ozone.

Knowingly or unknowingly we pollute rivers, streams, tanks, wells, air and atmosphere. Noise pollution is more in India due to vehicles, loud-speakers, sounds of the factories, mills etc.

In India most of the industries are responsible for air and water pollution. In Orissa many industries are polluting rivers, streams and tanks which are having direct impact on the health of tribal people who are using that polluted water. The Orissa River Pollution Prevention Act, 1953 is not in a position to help the public against pollution.

Pollution of water, air and atmosphere is having direct impact on human health, green plantation, water and sea food. Destruction of environment leads to destruction of healthy life. In India the problem of pollution is not yet out of control. But for the reasons better known to the Government, the Government is not in a position to dictate terms to the Industrialists who are responsible for the environmental pollution.

When compared with crime rate the danger from environmental pollution is more alarming in the advanced countries in the world. As such it should be the primary duty of the Government to protect the human race and nature against environmental pollution.

Government enacted the following environmental legislations with an intention to protect public and nature from environmental pollution in India:

a)    Indian Penal Code, 1860.

b)   The Bengal Smoke Nuisance Act, 1905.

c)   The Bombay Smoke Nuisance Act, 1912.

d)   The Motor Vehicle Act, 1939.

e)    Factories Act. 1948.

f)    The atomic Energy Act 1962.

g)    The Gujarat Smoke Nuisance Act, 1963.

h)    Wild Life Protection Act, 1972.

i)    Water (Prevention & Control of Pollution) Act, 1974.

j)    Water Pollution Cess Act, 1977.

k)    Forest (Conservation) Act. 1980

I)    Air (Preservation & Control of Pollution) Act, 1981

m)   Environment (Protection) Act, 1986 etc.

Many local bodies ignore environmental protection on the plea that they do not possess sufficient funds to undertake necessary steps to protect the towns and cities from environmental pollution.

In Ratlam Municipality Case,[3] Justice Krishna Iyer rightly pointed out that "financial set back of a local body is not a ground to avoid their duties towards public". The principles and judgment of Ratlam Municipality case setforth a path for the public interest litigations in the matter of environmental pollution.

The recognition of public interest in the protection and improvement of environments is sufficiently established and recognised by Articles 4SA and 5 IA(g) of the Indian Constitution.

Justice Nagendra Singh, Former President of the Indian Academy of Environmental Protection has suggested that since environmental protection is of national importance. Parliament should initiate legislation to coverall aspects of environmental pollution throughout  the country in an integrated manner.[4]

CONCLUSION :

To protect the health of human race. green plantation and sea food. it is the duty of the Government to make effective environmental laws to check all kinds of pollutions like water, air. noise and atmosphere. National Pollution Board should be given sufficient powers to enforce these pollution laws. Legislations without enforcing authority are of no use and they cannot protect the interest of the public. Unfortunately even government undertaking industries are not taking sufficient precautions to protect the interest of public and nature. Toxic chemicals which arc released from the industries are causing ill health to public. No doubt, industrialization is essential to the country but not at the cost of public health.

In Orissa many Municipalities including Cuttack Town are ignoring the safety principles of environmental law and neglecting their duty to protect environment against pollution. Many industries including Government owned organizations are ignoring safety provisions and polluting water, air and sound in the society.

It is high time for the Government authorities and social organizations to educate the public, Municipal and local authorities and industrialists through, T.V., Radio, Newspapers and Seminars for the protection of environment and to minimize environmental pollution in the interest of human race and other living organizations. If environmental protection is ignored the existence of the earth itself is at stake in near future with the problems of environmental pollution.