Protection of the environment is a global issue, and it is not an isolated problem of any area or nation. The problem of environment pollution is an increasingly rapid concern of all countries irrespective of size, level of development or ideology.
The issue of environmental pollution is not new in its origin, it is as old as the emergence of homo sapiens on the planet, and it was realised during the time of Plato some 2500 years ago.
But due to our procrastination and unsustainable way of living, we have called upon ourselves a huge impending doom. Now it’s time to take strict action against such brutal exploitation of nature. It’s time we all stood up for saving the planet. We must make some serious modifications in our lives and the way we interact with the environment to reduce the impact of damage that has already been done.
We are facing different consequences of environmental damage such as air, water, food and noise pollution. It is all a result of the insatiable greed of the man for getting short term pleasures. The leading cause of water and air pollution is unbalanced industrial growth, urbanisation and deforestation. The owners of industries dump waste material in the water sources. thus polluting the rivers and even oceans. Moreover, the humongous amount of untreated waste generated by mankind produces toxic gases which end up polluting the air.
On the other hand, the forests which are the storehouse of oxygen are being chopped down to make space for new infrastructural projects. It results in the heating of the earth surface leading to global warming which has severe consequences and it has started to show.
If the air and water continue to be polluted in this way, the air will not be breathable, the water will not be potable, and man will suffer from various diseases. However, the fundamental question remains unanswered– can we allow the destruction of the environment leading to the destruction of all living creatures on the planet? The answer is obviously –no, and that too despite the blatant exploitation of nature. However, it is still possible to protect the deteriorating environment through proper policies and management.
Being a lawyer, I am appreciating the way Government of India and the Indian Parliament has drawn immense inspiration from the proclamation adopted by the U.N. Conference on the Human Environment which took place at Stockholm in 1972 and enacted The water [Prevention and control of pollution] Act, 1974 and the Air [air prevention and control of pollution] Act, 1981. These two specific legislations were passed to control water and air pollution.
I think the Indian constitution is perhaps one of the rare constitutions of the world which contain a specific provision with respect to environmental protection. It puts a duty on the state under Article 48-A, as well as on citizens under Article -51-A, to protect and improve the environment. The judiciary in India has created a new ‘‘Environmental Jurisprudence’’.
In Subhas Kumar vs the State of Bihar, AIR 1991, the Supreme Court has held that Public interest litigation in maintainable for ensuring the enjoyment of pollution-free water and air which included the ‘‘Right to life’’ Under Art-21 of the constitution. In M.C. Mehta vs. Union of India, AIR-1996, the supreme court ordered the shifting of 168 Hazardous Industries operating in Delhi as they were causing danger to the ecology. In the India Council For Enviro-Legal Action vs. Union of India 1996, the Supreme Court has held that if by the action of private corporate bodies a person’s fundamental rights are violated then action can be taken against it.
The Indian judiciary has extensively used these constitutional provisions and also all the legal remedies available for the protection of the environment. Now it’s time to be stricter on the matter of environmental protection, and that we the citizens of India must take an oath to conserve and protect our ecology,