ENVIRONMENT PROTECTION AND BUSINESS OBLIGATIONS

BY :

GAURAV

M E HAK

RAHUL

RABISH

S UDE EP

S AMIR

Definitions
Environment : includes water, air and land and the inter- relationship which exists among and between them. Environmental Pollutant : means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment. Environmental Pollution : means the presence in the environment of any environmental pollutant. Hazardous Substance : means any substance or preparation which, by reason of its chemical or physicochemical properties or handling, is liable to cause harm to environment.

Types of Pollution
The causes can be basically classified into a) Natural b) Man- Made. Natural causes Pollution include floods , cyclones, earthquakes, and molten lava from volcanoes.

Man- Made causes Are population, industrialization, unhygienic settlements due urbanization, depleting natural recourses and deforestation etc...

to

poverty,

Kinds of Pollution
Water Pollution
Industry Waste, Chemicals used for agricultural purpose and released into the water are the main causes of pollution.

Air Pollution
gases like carbon monoxide, nitrous oxide, nitric oxide: Metals like lead, mercury and other organic substances cause pollution

Sound Pollution
Any source that produces very high decibel level of noise creates sound pollution

Nuclear Pollution
pollution caused by radioactive materials has serious effects like leukemia, cancer of bones, lungs thyroid, cancer etc.

Environment protection act 1986 (EPA 1986)

An Act to provide for the protection and improvement of environment and for matters connected there with.
(1) This Act may be called the Environment (Protection) Act, 1986.

(2) It extends to the whole of India. (3) IT was enacted by Parliament in the Thirty-seventh Year of the Republic of India May 1986 (4) Decision was taken during United Nations Conference on the Human Environment held at Stockholm in June, 1972.

GENERAL POWERS OF THE CENTRAL GOVERNMENT

POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND

IMPROVE ENVIRONMENT

Planning and execution of a nation-wide programme

Laying down standards for the quality of environment in its various aspects Restriction of areas

Carrying out and sponsoring investigations and research relating to problems of environmental pollution
Establishment or recognition of environmental laboratories and institutes

Cont.

APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS

Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act entrust to appointed officers such of the powers and functions under this Act as it may deem fit

POWER TO GIVE DIRECTIONS

Order of the closure, prohibition or regulation of any industry, operation or process stoppage or regulation of the supply of electricity or water or any other service

RULES TO REGULATE ENVIRONMENTAL POLLUTION

the standards of quality of air, water or soil for various areas and purposes the procedures and safeguards for the handling of hazardous substances the prohibition and restriction on the location of industries

PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION

Not to allow emission or discharge of environmental pollutants in excess of the standards Persons handling hazardous substances to comply with procedural safeguards Furnishing of information to authorities and agencies in certain cases Penalty for contravention of the provisions of the act and the rules, orders and direction Offences by companies Offences by government departments

Criminal Liability
Public nuisance under IPC Negligent act to spread infection etc. Explosive substances act. Fouling water by poisonous substances

Penalties : 1 Lakh rupees fine Imprisonment for up to 5 years or both. If fine is not paid then 50000 per day fine. For 1 years if fine is due then he is liable for 7 yrs. jail

Measures by Central Government

Power of entry and inspection (sec--10). Establishment of environmental laboratories (sec-12). Preventing emissions in excess of standards (sec-7). Report of analysis (sec-14). Procedure for handling hazardous substance (sec-8). Power to take sample and procedure (sec-11). Appointment of government analyst (sec-13). Penalty (sec-15). Duties of persons creating environmental pollution (sec-9).

Rule of Strict Liability and Absolute Liability

For strict liability offenses no evidence of intent or any other means is required. It is however normal for the prosecution to be required to prove causation. For example : in speeding it is necessary to prove the defendant was "driving", but not that he intended to drive faster than permitted

Absolute liability offences do not require evidence of intent. As for causation, the prosecution only has to prove that the proscribed event occurred or situation existed, then the defendant will be liable because of his status. Example : EMPRESS CAR CASE

Case
Indian Council for Enviro-Legal Action v Union of India AIR 1996 SC 1446 (Water and Land Pollution)
PETITIONER: INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION ETC. RESPONDENT: UNION OF INDIA Case Facts : I. In Bichhri a small village in Udaipur District of Rajasthan major industrial establishment, Hindustan Zinc ltd is established. II. Sister concern firm Silver chemicals commenced production of 'H' acid in a plant located within the same complex III. Its manufacture gives rise to enormous quantities of highly toxic effluents (iron based and gypsum based sludge) IV. The water in the wells and streams has turned dark and It spread disease, death and disaster in the village Law applied: Sec. 3 and 4 of the EPA, 1986 It empowers the government to recovery cost of the pollution

Lets make our world a better place