Professional Documents
Culture Documents
Social Issue and The Environm Ent
Social Issue and The Environm Ent
environment
Unit -5
Sustainable Development and it’s Characteristics:
Sustainable development means the development that fulfils the needs of the
present, without compromising the ability of future generations to meet their needs.
Urban areas are very developed, rural areas are very less developed,
meaning there is a density of human meaning there is a less density of human
structures such as structures such as
houses, commercial buildings, roads, houses, commercial buildings, roads,
bridges, and railways. bridges, and railways.
Urban area" can refer to towns, cities, rural area" can refer to villages
and suburbs
Urban center use enormous quantities of energy. In the past, urban housing required
relatively smaller amounts of energy than we use at present. Traditional housing in
India required very little temperature adjustments as the material used, such as
wood and bricks, handled temperature changes better than the current concrete,
glass and steel of ultra-modern building.
Cities are the main centres of economic growth, trade, education, innovations and
employment. Until recently a big majority of human population lived in rural areas
and their economic activities cantered on agriculture, cattle, rearing, fishing,
hunting or some cottage industry.
The urban growth is so fast that it is becoming difficult to accommodate all the
industrial, commercial and residential facilities within a limited municipal
boundary. As a result there is spreading of the cities into the sub-urban or rural
areas too, this phenomenon is known as “urban sprawl”.
The energy requirement of urban population is much higher than that of rural ones. This is
because urban people have a higher standard of life and their lifestyle demands more energy
inputs in every sphere of life.
Industrialized developed countries use energy for these purposes:
(i) Residential and commercial
(ii) Industrial
(iii) Transportation.
In less developed countries like India most of the energy is used by the individual.
At local level, biomass energy tapping, use of solar cooker, solar water heaters and solar
photovoltaic cells must be encouraged. This shall be utilised besides the conventional energy
from fossil fuels, hydel, thermal and nuclear power resources.
Due to high population density and high energy demanding activities, the urban
problems related to energy are much more magnified as compared to rural
population.
THE ENVIRONMENT (PROTECTION) ACT, 1986
(Central Act 29 OF 1986) [23rd May, 1986]
An Act to provide for the protection and improvement of environment and for matters
connected therewith. Whereas the decisions were taken at the United Nations Conference
on the Human Environment held at Stockholm in June, 1972, in which India participated,
to take appropriate steps for the protection and improvement of human environment; And
Whereas it is considered necessary further to implement the decisions aforesaid in so far
as they relate to the protection and improvement of environment and the prevention of
hazards to human beings, other living creatures, plants and property; Be it enacted by
Parliament in the Thirty-seventh Year of the Republic of India as follows
1. Short title, extend and commencement –
(1) This Act may be called the Environment (Protection) Act, 1986.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint and different dates may be appointed for different provisions of
this Act and for different areas.
.Definitions - In this Act, unless the context otherwise requires,-
(a) “Environment” includes water, air and land and the inter-relationship which exists
among and between water, air and land, and human beings, other living creatures, plants,
(b) “Environmental pollutant” means any solid or gaseous substance present in such
environmental pollution;
the functions entrusted to such environmental laboratories and institutes under this Act;
environmental pollution;
(xiii) preparation of manuals, codes or guides relating to the prevention, control and
(xiv) such other matters as the Central Government deems necessary or expedient for the
purpose of this Act, by order, published in the Official Gazette, constitute an authority or
authorities by such name or names as may be specified in the order for the purpose of
exercising and performing such of the powers and functions (including the power to issue
directions under section 5) of the Central Government under this Act and for taking
measures with respect to such of the matters referred to in sub-section (2) as may be
mentioned in the order and subject to the supervision and control of the Central Government
and the provisions of such order, such authority or authorities may exercise and powers or
perform the functions or take the measures so mentioned in the order as if such authority or
authorities had been empowered by this Act to exercise those powers or perform those
Official Gazette,- (a) establish one or more environmental laboratories; (b) recognise one or
(2) The Central Government may, by notification in the Official Gazette, make rules
specifying- (a) the functions of the environmental laboratory; (b) the procedure for the
submission to the said laboratory of samples of air, water, soil or other substance for analysis
or tests, the form of the laboratory report thereon and the fees payable for such report; (c)
such other matters as may be necessary or expedient to enable that laboratory to carry out its
functions.
Government analysts - The Central Government may by notification in the Official
Gazette, appoint or recognize such persons as it thinks fit and having the prescribed
qualifications to be Government Analysts for the purpose of analysis of samples of air,
water, soil or other substance sent for analysis to any environmental laboratory
established or recognised under sub-section (1) of section 12.
Reports of government analysts - Any document purporting to be a report signed by a
Government analyst may be used as evidence of the facts stated therein in any
proceeding under this Act.
Penalty for contravention of the provisions of the act and the rules, orders and
directions - (1) Whoever fails to comply with or contravenes any of the provisions of
this Act, or the rules made or orders or directions issued thereunder, shall, in respect of
each such failure or contravention, be punishable with imprisonment for a term which
may extend to five years with fine which may extend to one lakh rupees, or with both,
and in case the failure or contravention continues, with additional fine which may extend
to five thousand rupees for every day during which such failure or contravention
continues after the conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of
one year after the date of conviction, the offender shall be punishable with imprisonment for
a term which may extend to seven years.
Protection of action taken in good faith - No suit, prosecution or other legal proceeding
shall lie against the Government or any officer or other employee of the Government or any
authority constituted under this Act or any member, officer or other employee of such
authority in respect of anything which is done or intended to be done in good faith in
pursuance of this Act or the rules made or orders or directions issued thereunder.
Cognizance of offences - No court shall take cognizance of any offence under this Act
except on a complaint made by-
(a) the Central Government or any authority or officer authorised in this behalf by that
Government, or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of
the alleged offence and of his intention to make a complaint, to the Central Government
or the authority or officer authorised as aforesaid.
Drawbacks of the Environmental Protection Act 1986
•India’s forest cover is shrinking at a rapid rate. As forest plays a vital role in the resources
of the nation, it gets exploited by villagers in need to fuel corrupt officials, greedy forest
contractors etc.
•A well-meant yet strict forest bill failed to get people’s support. The main two reasons
behind the failure of the forest bill were that it prohibited the usage of any of the products
of forests by the tribals. The products included leaves, fruits etc. Another reason for the
disappointment was that this bill changed forest officers into judges and executioners
simultaneously.
•Regulatory/ enforcing manpower in regulatory agencies is less than required as compared
to the ever-growing number of industries.
•The shortfall of required technical skills/ knowledge as needed for enforcement of
regulation.
•One of the major drawbacks of environmental protection act 1986 is the limitation is
financial facilities. Enough resources of money are needed to implement the bare act.
The air (prevention and control of pollution) act 1982
This act was introduced after the United Nations conference held in Stockholm in 1972 where
India also participated. The act has come into force in 16th day of May 1981 the air prevention
and control of pollution act 1981 comprises of 7 chapters and 54 sections
the main objective of the act are
I. Prevention control and abatement of air pollution
2. Maintaining the quality of air
3. Establishment of boards for the prevention and control of air pollution
Definition of pollution
Air pollution means the presence in the atmosphere of any air pollutant. Air pollutant means any
solid, liquid or gaseous substances present in the atmosphere in such a concentration as may be
injurious to human being or other living creature or property or environment. "Control
equipment" means an apparatus, device, equipment or system to control the quality and manner
of emission of any pollutant and include any device used for securing the efficient operation of
any industrial plant.
Function of Central board
a. advise the central government on any matter concerning the improvement of the quality of air
and the prevention control or abatement of air pollution
b. Co-ordinate the activities of the state boards and resolve dispute among them
c. provide technical assistance and guidance to the state boards, carry out and sponsor
investigation and research in-relation to problem of air pollution and prevention and control of air
pollution.
d. plan and organise training of persons engage or to be engaged in programs for the prevention
and control of air pollution.
f. organised through mass media a comprehensive program regarding the prevention, control and
abatement of air pollution.
g. Lay down standard for the quality of air
h. To establish laboratory for analysis of air samples.
Function of State board
a. to advise the state government on any matter concerning the prevention, control or abatement
of air pollution.
b. To plan a program for the prevention, control or abatement of air pollution.
c. To collaborate with the Central board in organizing the training of person engaged or to be
engaged in progress related to prevention, control or abatement of air pollution and to organize
mass education program.
d. to inspect the air pollution control area at such intervals as it may be necessary to take steps for
prevention, control or abatement of air pollution in such area.
e. to lay down standards for emission of air pollutants into atmosphere from industrial plant and
automobiles or for the discharge of any air pollutant into the atmosphere from any other sources
with the Central board consultation.
Power of the board
a. state government after consultation with the state board may declare any area as air pollution
control area by notification in the official gazette.
b. It can prohibit the use of any fuel appliances causing or likely to cause air pollution in an air
pollution control area.
c. Board has a power to lay down the standard for emission of air pollutant from automobiles.
d. Board has a power to restrict the establishment or operation of any industrial plant in an air
pollution control area.
e. Any person empowered by State board has the right to enter any place for examination and
testing any control equipment, industrial plant, record, register, document etc
f. Board has the power to take sample of air or emission from any chimney for the purpose of
analysis.
Penalties for violation of the provision under the act:
There is no provision for publication of name of offenders under this act, the penalties for
defaults or violation are imprisonment up to 3 months or fine up to Rs 10000. This may extend
upto Rs 100 for per day for continued offence after the first conviction.
Merits
1. Air act is a comprehensive legislation.
2. Is providing enormous power to state for declaring any area as air pollution control area.
3. No civil court has jurisdiction to entertain any suit or proceeding with respect of any matter
which an appellant authority constituted under this act.
Demerits
1. The air act has bars for emission of effluent automobiles but no restriction on their number.
2. The air act should be further amended with regard to RPM, which is chief culprit for causing
many respiratory disorders.
Note: the 1987 amendment in air act strengthen the enforcement machinery and introduce
penalty. The board may also apply to court to restrain emission exceeding the prescribed standard
by industrial unit. The amendment also introduces citizen suit provision in to the air act to include
noise pollution.
The water prevention and control of pollution act 1974
The major objectives of this act are as follows
•To provide for the prevention control and abatement of water pollution
•To provide for the establishment of Central state board with a view to implement the above said
purpose
•Maintaining or restoring the wholesomeness of water
Power and function of board
•Constitution of Central board
The Central board consists of the following members
•Full time chairman having knowledge or practical experience in matters related to environmental
protection to be nominated by the central government.
•One full time member secretary having knowledge and experience of scientific engineering are
management aspects of pollution control to be nominated by the central government.
Not more than 5 persons from amongst the member of State board not more than 3 non officials
to represent interest of agriculture fishery agriculture trade etc. are nominated by the government
•Terms and service condition of the members of the board
•Government prescribed terms and service conditions of the member secretary and chairman.
•Central or State Government may remove a member of the central or State board at any time by
•The chairman may resign by addressing his resignation to the government and a member may
•Disqualification for members are insolvency un sound mind inability to attend three consecutive
meetings and partnership with anybody dealing with sewage or trade effluent etc. Seat of the
disqualified member shall fall vacant and a person nominated to fill such a vacancy shall hold
•Advising the state government regarding water pollution control or location of industries.
•To collaborate with Central board for training personnel for handling water pollution programs.
•Generating economical and reliable methods of disposal treatment and reuse of wastewater.
•Preparing the standard for treatment of sewage and trade effluent to be discharge into any
stream.
•Conducting and encouraging investigations and research relating to different aspects of water
pollution.
Power of the state government
In case of failure to give information by a person discharging effluent into stream or regarding
construction or establishment of disposal system the penalty is imprisonment upto 3 months are
fine upto Rs 10,000 or both. If the order is not obeyed then the penalty is an additional fine upto
•The water act is prescribed not only for private and public firms but also to government
department.
•The coverage of the act is quite comprehensive in that it includes streams, river, watercourses,
inland, water subterranean water, sea, and tidal wave water under state jurisdiction.
•State pollution control board is not only entrusted with the purpose of laying standard but also of
•This act should lay standards for permissible and impermissible limit of a variety of other