ENVIRONMENTAL POLLUTION

1. Background

• The Indian Heritage and Culture have an intimate relationship with the conservation and protection of the environment. 
• The Indian State has also enshrined it in the Constitution which requires both the State and the Citizen to “protect and improve the environment”. 
• The Environment Act, 1986 is one of those acts which extends to the whole of India without any exception.  

2. Constitutional and legal backing

• The 42nd Amendment to the Constitution of India added Article 48A and 51A(g) which comes under the Directive Principle of State Policy and the Fundamental Duties respectively.
• The Supreme Court of India in “Sachidanand Pandey v. State of West Bengal AIR 1987 SC 1109” stated that the Court is bound to bear in mind the above said articles whenever a case related to Environmental problem is brought to the Court.
• The Article 48A states: “The State shall endeavor to protect and improve the environment and to safeguard the forest and wildlife of the country.”
• The Article 51A(g) imposes a duty upon every citizen of India to protect and improve the natural environment and confers the right to come before the Court for appropriate relief.
• The Apex Court in “Damodar Rao v. S.O. Municipal Corporation AIR 1987 AP 171” held that the environmental pollution and spoliation which is slowly poisoning and polluting the atmosphere should also be regarded as amounting to violation of Article 21 of the Indian Constitution.

3. Landmark Orders associated with the environment

3.1 Air quality monitoring

• A compliance report by the Central Pollution Control Board (CPCB) aimed at bringing the standards of air quality within the prescribed norms. The report came after a National Green Tribunal (NGT) order from October 8, 2018, where all states and Union territories (UTs) with non-attainment cities were directed to prepare appropriate action plans.

3.2 Monitoring air, and noise pollution in Mizoram

• Mizoram capital Aizawl has four manual air monitoring stations in operation since 2005 and one CAAQMS at Sikulpuikawn.
• Air pollution data was displayed for Aizawl’s public using an LED display board since February 2020. This was mentioned in the report filed by the Mizoram Pollution Control Board.
• The SPCB report stated ambient air monitoring devices were installed at four locations in Aizawl and regular monitoring of ambient noise was being conducted once a week

3.3 Sand mining in Subarnarekha

• The NGT directed the formation of a joint committee to look into the matter of illegal sand mining in the Subarnarekha river at Jaleswar tehsil in Odisha’s Balasore district.
• The villagers of Panchughanta were affected by the impact of sand mining: There was severe air pollution, depletion of water level, change in the river’s course and obstruction of its natural flow by wooden bridges and approach roads within the river. This was stated in the application filed before the NGT.
• Indiscriminate sand mining caused a severe threat to the environment, with severe environmental degradation and ecological impact taking place because no Environmental Impact Assessment (EIA) was undertaken.