Anuradha Garg
M.Sc Environment Science and Resource Management
22nd November, 2014
Public Interest Litigation in Delhi
Environmental pollution is the one of the greatest common international problem of this century. No country in this world has been left untouched with its harmful effects. India also, is one of the greatest polluters in today’s world. Pollution is nothing but the unwanted substances that are thrown, disposed or released in the environment causing serious impacts on our ecosystem. So the protection, conservation and improvement of this environment have become major issues of the world.
Delhi is no different from this scenario. Being one of the most polluted cities in India and the world (CNN, 2014), issues have always been
…show more content…
Why PIL? The Supreme Court has played a pivotal role in protection of environment and thus can be called “the hero” of pollution control in Delhi, but what is that thing or that legal instrument of India which made it possible for SCI to do whatever it did?
The answer is through Public Interest Litigation. In India, Public Interest Litigation (PIL) was initiated by a few of the judges of the Supreme Court, as a method to relieve public grievances. (Faure and Raja, 2010) It was meant as a protective mechanism to redress basic violations. (Divan and Rosencranz, 2001) But how? To answer this question we need to understand the key variables of PIL. An analysis of PIL in a broader perspective reveals the circumstances under which it generates better benefits compared to other legal instruments. To identify those specific conditions and circumstances under which PIL played a positive role in reducing the pollution levels in Delhi, the strength and weaknesses of other existing approaches to environment problems need to be discussed. On identifying the weaknesses of these traditional approaches, we will be able to understand why PIL was proved better. “The efficiency of any instrument is measured on the many grounds and one of them is its cost effectiveness”.(Faure and Raja, 2010) The cost associated with PIL for pollution
Pollution is one of the most concerning topics to talk about in today's modern world. It acts as a poison for anything that lives and breathes; it could toxify water, air, land, humans, and animals, and is not to be taken lightly.
Neglect to take care of the land after many decades is starting to show significant negative effects on the environment. Many people do not know what all entails land pollution other than the commonly known pollutions such as chemical and waste, the list may surprise you. The list includes sewage treatment, nuclear waste, construction, urbanization, industrialization, landfills, mining, logging, agricultural practices. and deforestation (Rinkesh). As humans, we have continued to develop as a species technologically, communally and agriculturally. The effects we have had on the environment through human development has not been
From November 1-9, 2016, there was horrible smog that went through Delhi, India. The reason that the smog was so deadly is because in the smog there was a dangerous particle that was roaming in the air. The particle is called PM 2.5. Having PM 2.5 in the air was more than 16 times the limit that the government of India thought was safe (Barry 11). Delhi’s Chief minister called for emergency measures, including a five-day stop on construction, a 10 day closure of a power plant, and a three day closure of about 1,800 schools. Everyone was advised to wash their eyes with running water and to go to a hospital if you are experiencing problems like “breathlessness, giddiness, chest pain, and chest constriction (Barry 11). The way people survived was by wearing masks and by putting purifiers in rooms and staying there. It was very hard for people to get out of the house or to exercise. People couldn’t go out to eat or go to the movies. They can only go places where the air is purified (Barry 11). When it got cold the Delhi’s poor will burn trash and plastic for warmth which adds to the smog(Barry 11). Fireworks will also be set for the Hindu Festival Diwali which would add to the smog as well. There is also normal pollution like cars and construction. People would have to survive the first few days with the smog. “The damage from sustained exposure is the same as smoking more than two packs of cigarettes a day” (Barry 10). People are most likely to identify pollution as their health problems. It was hard for people to work when the government closed everything. There was not a lot of energy in delhi, being the powerplant was down. During the time the smog was in delhi, and when the government was trying to fix it. People could of done their part of helping the environment or even help other people. The article doesn't fully explain how the smog exited Delhi, but I know the air started to
Pollution has had a shocking impact in the atmosphere for including many irreparable damages to ocean life, serious health issues to human beings, and negative changes to the environment. Pollution is a man-made global dilemma which is increasing to a serious magnitude. Human beings, the number one culprit, seem to be blind to this matter. Humans’ inability to clearly see the problem they are creating, will be one of the causes for the world to be no more.
A constitutional controversy of great significance vis-à-vis Art.356 was raised in State of Rajasthan v. Union of India..
As our population is growing, when we are taking it for granted to ask the nature for resource we want, environmental protection is becoming more and more important and necessary. Water protection is especially urgent now. We can see the water pollution is becoming worse. In this essay, I am going to talk about the recent situation of the water pollution, the bad effects of it and some ways help to solve the problem as well.
As our population is growing, when we are taking it for granted to ask the nature for resource we want, environmental protection is becoming more and more important and necessary. Water protection is especially urgent now. We can see the water pollution is becoming worse. In this essay, I am going to talk about the recent situation of the water pollution, the bad effects of it and some ways help to solve the problem as well.
Delhi is one the largest cities in the world with approximately 19 million people. With such a large population in a congested area there is bound to problems with health. While Delhi has always suffered from poor air quality, recently the situation has worsened. The US Embassy measures PM2.5 constantly under EPA standards, and as of today the air quality index is at 212, corresponding to “very unhealthy”. According to the US Embassy website, “AQI values between 201 and 300 trigger a health
The young boy’s lungs became tiresome in the frigid and toxic air as he stumbled down the stairwell into the dark underground subway. He no longer felt clean as he had in past after bathing in the Ganges river, this time he found something unexpected in the murky waters. Suddenly, the subway rattled the tracks, others desperately packing themselves into the train alike to sardines, and he was among them. Alike to the boy who faces pollution on a daily basis, countless citizens of India have found themselves in the same position and the state of the environment being linked to the population. India’s overpopulation is resulting in irreversible pollution with the two most critical issues being improper waste disposal and poor agricultural practices.
" A girl wading through mountains of trash; a boy up to his neck in toxic waters…." Delhi is a place in India and is currently suffering from pollution. Children aged 5 and under are dying from the pollution In Delhi. I am very appreciated by our country we live in because compared to Delhi they have piles of rubbish everywhere you walk, it's not nice to walk somewhere and all you see is rubbish; with all the rubbish it makes the air more polluted, which then leads to diseases. There is not a lot health care and they don't have money to help the sick and wounded so more likely to get and infections or diseases. With all the pollution in the air it does not help because it only makes it worse with not a clean city/country. India "…is estimated to be the world's most polluted city." Which made me feel sad because people at the age of 5 and under are dying from the pollution around them, children are being born around the polluted city and not having the full start to a healthy life. When I was reading this article off National Geographic it made me realise how grateful I am to be in New Zealand and not have to suffer from pollution everywhere I go. Delhi people not just suffering from pollution but also the deficiency of water which shows me that their city is in a very bad situation and that makes me heartbroken because everyone should have a good life to live and not have to start their life in a bad situation. Our society is thinking that just because our country is
The increase of pollution and its effect, economically, is big-huge even. Environmental degradation is the destruction of the ecosystem of the Earth through consumption of environmental assets such as fossil fuels and minerals, or through pollution, of the air, water, and soil. The United Nations International Strategy for Disaster Reduction defines it as “the lessening of the limit of the earth to meet social and environmental destination, and needs”. Any change in an environment that is proven to be undesirable to wildlife, including plants, insects, animals, and nature’s cycles characterize destruction. This loss of habitat is at a rapid growth, with the expansion of human population, comprised with excessive exhaustion of polluting technologies, such as cars, power plants, without excluding polluting factors like abundance of unrecyclable garbage. Being one the largest threats to mankind as it has led to global warming, environmental degradation is a greater threat to civilization than other materialistic issues, like the economy, as degradation can impact human health, lead to a loss biodiversity, and can lead to economic issues.
The relationship between human rights and environmental protection in international law is not straightforward. It has seen various ups and downs and reached the present state of development. Human rights have been a focus of international law for over sixty years now. A human rights approach to environmental concerns was only introduced long after that. The United Nations Charter of 1945 marked the beginning of modern international human rights law, whereas the Stockholm Declaration of 1972 is generally seen as the starting point of a rights based approach to environmental protection. This declaration formulated several principles, including that “ Man have the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.” Human rights and environmental law have in common that they are both seen as a challenge to, or limitation on, the traditional understanding of state sovereignty as independence and autonomy. Despite their separate initial stages, it has become more and more acknowledged over
This report in order to your assignment task regarding to the Main Causes Of “Pollution In Urban And Rural Areas”.Kindly go through the report thoroughly and give feedback accordingly.
The next pollution will be water pollution. This pollution comes from factories, automobiles’’ exhausts and mines, which dump sewage directly into the water. Moreover, as an Agrarian country, the usage of pesticides for agriculture in India calls for water pollution too. Excessive usage of organic matter by farmers will also lead to the same consequent. As mentioned, deforestation will occur as population increase and the forests are stripped, soil erosion will happen and further cause sediments in water. Furthermore, people in India bathe in river for spiritual rejuvenate. However, as they warding off their sins in water, body wastes are excreted into the river as well, leading to river pollution. Religious
The Court of India, while administering environmental justice, has evolved certain principles and doctrines within and at times outside the framework of the existing environmental law. Environmental principles, such as polluter pays principle, precautionary principle and public trust doctrine have been adopted by the Court in its concern to protect the environment from further degradation and improve the same. It is important to note that these principles have been developed in various international agreements and conferences to control and prevent further environmental degradation. Drawing inference from international environmental principles, the Court of India has applied various principles to resolve domestic environmental problems. For example, the Polluter Pays Principle was invoked by the Court of India in the Indian Council for Enviro-Legal Action v. Union of India. Giving the judgment, the Judges held that ‘we are of the opinion that any principle evolved in this behalf should be simple, practical and suited to the conditions obtaining in this country. Once the activity carried on is hazardous or inherently dangerous, the polluter carrying on such activity is liable to make good the loss caused to any other affected party by polluter’s activity irrespective of the fact whether the polluter took reasonable care while carrying on his activity’. In this case, the Court has stated that the ‘Polluter Pays Principle’ means that the absolute liability for harm to the