SUJ@THA LAW SERIES ANSWERS TO IMPORTANT QUESTIONS & SHORT NOTES, SOLUTIONS TO IMPORTANT PROBLEMS & FILL UP THE BLANKS FOR INTERNAL EXAMS [ACCORDING TO THE NEW SYLLABUS & NEW EXAMINATION PATTERN] IRYEC: THE ENVIRONMENTAL LAW [INCLUDING LAWS FOR ‘PROTECTION ‘OF WILD LIFE AND OTHER LIVING CREATURES,, INCLUBING ANIMAL WELFARE] By GADE VEERA REDDY, asc, is.,ma, (Recipient of § Goldmedals in Law) (K.U.) Advocate, High Court, Kothi, Hyderabad-500 095. SUJATHA LAW BOOKS PVT. LTD. (PUBLISHERS & SELLERS) Registered Office : H. No, 4-6-354, Third Floor, Esamia Bazar, Hyderabad — 600 027. ‘Address for Communication : Sujatha Law Books : 4-5-212, Vijayasree Building, Beside Gyan Mandir, Women’s College Road, Kothi, Hyderabad - 500 085, A.P. © : 24753947 E-mail : [email protected], Rs. 150-00—_.. $$ letweer. ron cell 10.com, Dught to ncipals, arsities. vhich Is DY | Sa = cithere — THE ENVIRONMENTAL LAW : [INCLUDING LAWS FOR PROTECTION OF WILD LIFE AND OTHER LIVING CREATURES, INCLUDING ANIMAL WELFARE] CONTENTS ~__ TOPICS - SUB-TOPICS THE MEANING AND DEFINITION OF ENVIRONMENT. A.| The Earth's Atmosphere. [_ ‘The Meaning and Definition of Environment. 3 : . | The Environment and other Sciences, 5 i . | Ecology - Ecosystems. 9 | D. | Biosphete / Ecosphere.. 12 e. | Biomes. : 13 Ozone Depletion. 14 G | The Nuclear Disasters and the Atomic Energy Act, 1962. “47. |. | Global Warming - Climatic Changes - Global Warning - C.F.C.C. 19 Need for the Preservation, Conservation and Protection of Environment: Pollution and Development / Sustainable Development: i 22 Environmental Impact Assessment (EIA). 2 ). | The Ancient indian Approach to Environment. 31 K. | Environmental Degradation and Pollution - Kinds, Causes and : Effects of Pollution. 33 Various Sourtes of Environmental Poilution. 36 38 Classification of Pollution. Land Pollution. LEGAL REMEDIES AGAINST POLLUTION ¥ A | Common Law Remedies against Pollution. B. | Law of Trespass in Environment. C. | Negligence, and Theories of Strict Liability and Absolute Liability ‘Subjective Theory & Objective Theory of Negligence. Essentials of Negligence ‘The Rules of Strict and Absolute Liability. The Doctrine of Strict Liability (The Rule in Rylands vs. Fletcher). ‘The Doctrine of Absolute Liability (Bhopal Gas Disaster & Oleum Gas Leak Cases), ‘The Public Liability Insurance Act, 1991. woD. | Relevant Provisions of P.C., CrP.C., and C.RG. for the Abatement | Cee of the Public Nuisance in Pollution Cases - Remedies under the Specific Relief Act, 1963, 61 t Pere Definition & Essentials of Public Nuisance 62 Pee eree Definition & Essentials of Private Nuisance. 63 ' Po ‘Abatement of Nuisance. 63 eee Public Nuisance - The Indian Penal Code, 1860. 63 Public Nuisance - The Criminal Procedure Code, 1963. 64. = Public Nuisance - The Civil Procedure Code, 1908. 70 Sa eel Public Nuisance - The Specific Relief Act, 1963, 7A Pe Perpetual injunctions. 71 | t— ‘Mandatory Injunctions, 72 fo Damages. 78: aaa E. | Noise Pollution - Reliefs against Smoke and Noise. 73. [oe The Noise Pollution (Regulation and Contrcl) Rules, 2000... 78 i UNIT = Il — 3. |POLLUTION CONTROL MECHANISM. f — ‘A. |The Law relating to the Preservation, Conservation and Protection yeh of the Forests. : : a i: The Forest Policies of India. 82 The Forest Policy, 1962, 82 | ‘The New Forest Policy, 1988. 84 f 1 ‘The Andhra Pradesh Forest Aci, 1967 e | The Forest (Conservation) Act, 1980. 8 hoe B. | The Law Relating to the Preservation, Conservation and Protection ; of the Wild Life and Endangered Species. : 86 rae Wild Life, P 86 | The Wild Life (Protection) Act, 1972. ; 87 | | [The Endangered Species, : oF or G. | The Law Relating to the Preservation, Conservation and Protection K _ [of the Marine Life, Coastal Ecosystems and Lakes: etc. 92 t ; Marine Life and Pollution, : 92 4 The Law of the Sea, 1982, 83 peste ee ‘The Coastal Zones Regulation Rules, 1991 94 | i Lakes. 7 98 a D. | THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960. t {The Prevention of Crusity to Animais Act, 1960. 100 LL (il) Definitions (Ss. 2 (a) to Sec. 2. (i). 101 eee ee (ji) Animal Welfare Board of India. (Ss: 4-10). 102 | «(iv) Cruelty to Animals Generally. (Ss. 11-13) 104 (W)_ Experimentation on Animals. (S8. 14-20). 106 (vi) Performing Animals. (Ss. 21-27) 108 (vil) Miscellaneous.’ (Ss. 26-41), 109 E. | The Law relating to Preservation and Control of Water Pollution /: The Water (Prevention and Control of Pollution) Act, 1974 (Act No. 6 of 1974) / The Objects and Salient Features of the WaterAct.| 111 The Central Pollution Controt Board 112 i The State Pollution Control Board. ; ‘T193) | The Powers and Functions of the Board. 114 The Powers of the Board. 115 The Joint Béards. 7 116. The Penalties. » Eo 17 F. | The Law Relating to, Preservation anid Control of Air Pollution / + | The Air (Prevention and Controt of Pollution) Act, 1981 | (Act No. 44 of 1981) / Tihe Objects and Salient Features of the AIRACT. | - 123 lh Prevention and Control of Air Pollution. 127 ‘Automobile Pottution 127, Penalties and Procedure. 129 G. | Environment Potlution Control Mechanism Law Relating to Environment Protection - The Environment (Protection) Act, 1986 (Act No. 29 of 1986) / The Objects and Salient Features of the : Enyironment Act. : 431 The Environmental Courts/The Green Benches - Natiénal | Environmental Tribunal and National Environmental Appeliate Authority. 141 ' i —|- | ‘The National Environment Tribunal (Established under the National I Environment Tribunat Act, 1995). 142 5 | ‘The National: Environmental Appellate Authority (Established under the | National Environmental Appellate Authority Act, 1997). 144 | UNIT -1V “|THE CONSTITUTION OF INDIA VS. THE ENVIRONMENTAL LAW A | Article 48-A & Article 51-A (Q) of the Constitution of India - Right to Wholesome Environment (Art. 21). 145 B, | Article 19 Right to Development - Restriction on Freedom of Trade, , —_ Profession, Occupation for the Protection of Envitonment. 185 — G. | Immunity of Environment Legisiation from Judicial Scrutiny “Article 31-C] 159° — ‘The Constitution (Twenty-Fifth Amendment) Act, 1971 160 — Article 31-C. 160 aan The Constitution (Forty-Second Amendment) Act, 1976. 161 4 ‘The Constitution (Forty-Fourth Amendment) Act, 1978 161 — . | Distributic:. of Legislative Powers of the Central and State Governments. 162 (Article 246, Seventh Schedule, Union List, State List, Concurrent List) oo Beet| E. | Wit Jurisdiction under Articles 32 & 226 - Public Interest Litigation (PIL) Role of the Indian Juciciary in the Evolution of Erivironmental Jurisprudence / Judicial Activiem in the Environmental Law. 164 Jue il Activism. 165, Judicial Activism in India. 165 Public Interest Litigation (PIL). 166 UNIT-V THE INTERNATIONAL ENVIRONMENTAL REGIME A | The International Environmental Regime. 173 ‘Sustainable Development. 7175 ‘Agenda 21. of a6 Role of the NGOs. 175 B. | Liabiity of Multi National Corporations (MNCs)/ Transnational Corporations Companies - State Liablty, Customary and International Law - Trail Smelter Case. 477. Basic Features of MNCs. 77 Merits of MNCs, 178 Environmental Pollution by MNCs. 179; C. | The Stockholm Declaration on Human Environment, 1972. 182 D. | The Role of UNEP for the Protection of Environment. 188 E, | The Ramsar Convention, 1971. 189 F | The Bonn Convention (Migratory Birds), 1992. 190 G. | The Nairobi Convention, 1982. 192 H. | The Biodiversity Convention, 1992. 194 f. | The Earth Summit, 1992 / The Rio Declaration, 1992. 196. J. | The Kyoto Protocol, 1997.on Global Warming/Climatic Changes. 198 K. | The Johannesburg Convention on Sustainable Development, 2002. 200 FILL UP THE BLANKS WITH ANSWERS 202 Dictionary of Environmental Law. 214 Table of Cases (with hints to memorise and solve the Problems). 224 I | t | L 3] as. reco, arer Sate satel satel ‘Spa itsatx UNIT -1 1. THE MEANING AND DEFINITION OF ENVIRONMENT THE EARTH’S ATMOSPHERE THE MEANING AND DEFINITION OF ENVIRONMENT 1.1. Define “Envrcrmbnt’ and eiplain the impértance'of the protection of Environment. (ay, 2008, 0.0) @2. Define “Eivironment", "Ecology" and “Pollution”, and explain the peed fot environmental protection? ‘Sept, 2005, OU} (Nov, 2004, 8...) {Aso feter to Topics “Ecology ars “Environmental Polulon”) 123, Gve'the tiaaning ang Dahon of "Envizonment”, “alan he need for ine Preborvauion, Conservation ana Protection of Envionment. " (Aug, 2004, 0.) (Jan, 2008, OU.) {Alto refer to Topic “Nestor the Preservation, Conservation and Protection of Environment for the secanc hat question | 24, Define “Envlrohmient*. and “Environment Pelltion”. (Feb, 2008, 0.4) [Also refer to Topic “Environmental Degradation anc Poltuio"} 5° Defire “Environment”. Trace the develooment of Envrenmental aw and its pty i el (Now, 2000, 8.4) [Wise refer to"Topic “Ancient Indian Approach to Environment” & “Canetitutional Provisions and Environmental Law” ] 28. Defire the tem “Erivironment’ L ni 7, Earth's Amesphere. sn ANSWER: : ‘ STRUCTURE OF EARTH’S ATMOSPHERE (SN) THE UNIVERSE OR COSMOS: The Universe, which is also called as Cosmos, is infinite, bot! time and space. ‘The Universe consists millions of galaxies. Each galaxy contains stars, nebulae, rs and interstellar matter. Galaxies are classified principally according to the shape, ranging from spherical and elliptical through spiral (with: or without barred nucleus) to amorphous. ‘Qurown galaxy is called the Milky Way. Indians cailit ‘Akash Ganga’. Itappears asa river of bright light flowing through the sky. It contains 24 mini galaxies, called as the ‘local group’. The Milky Way (Akash Ganga) contains 100 Each star |s quite distant from other, but they are together by the forces of gravity, and maintains equal distance, one should not hit another. SUN AND'SOLAR FAMILY: Our Sun is one of some 100 billion sparkling stars which constitute our galaxy, ie:, Milky Way. There are nine known planets around our Sun. They are Mercury, Venus, Earth, Mars, Jupiter, Saturn, Uranus, and Neptune. . Recently the.tenth planet is also found and recognised. These planets revolve round the Sun. Their sizes, speeds and distances from the Sun are not similar. Satellites: Except Venus and Mercury, all the other planets have satellites, Moon is the Earth's only ‘satellite. The satellites revolve around their concerned planets. Each of the planets, including its Satellites, revoives around the Sun. Space: The term space is used to indicate the entire universe, i.e.; the Earth and its atmosphere, the Moon, the Sun and the rest of the Solar System and the Stars and galaxies spread cover.the infinite skies. Outer Space tefers to the entire space except the earth and its atmosphere. ‘The Outer Space begins where the Earth's atmosphere ends. It extends in all directions from above the atmosphere of the Earth EARTH: The Earth is the third nearest planet tothe Sun. _Itis the fifth largest among the planets of the Sun, The earth is-at a distance of 149,597,900 kms from the Sun, It has.an diameter of 12,756 kms and a polar diameter of 12,744 kms. It revolves around the Sun at a speed of 107,220 kms per hour. To make one revolution around the Sun is calculated to 365 days, § hours, 48 minutes and 45.51 seconds. It completes one rotation on its axis every 23 hours, 56 Minutes and 4.091 seconds. The Eatth, ie., our mother Earth is a unique planet. Its the only planet containing ample water and air around it.The temperature and atmosphere on the Earth is suited for the existence of the living ‘organisms. For example, the temperature of Venus, which is nearer to our Earth, is 462°C (864°F) and the Pluto, which is farthest from the Sun, contains surface temperature of -214°C (-363°F). Imagine! Can any living organism exist in such temperatures. The Earth is the only planet suited for the existence of living'organisms, due to its own peculiar character of Atmosphere, Lithosphere: Lithosphere is referred to the ‘top crust’ of the Earth, on which, our continents, countries and the occeans basis rest. The lithosphere contains-a thickness ketween 35 to 0 kms in the continental reaions; and 6 to 12 kins under the ocean beds... Inthe mountain region, the thickness differs from 40 to.60 kms. Lithosphere refers to only the ‘land surface’.2 The Environmbnia! Law Hydrosphere: The term ‘hydrosphere’ refers to the mantle of water, which has ocoupied the greatest part of the Earth's surface. Oceans contain 70.8 per cent of the surface of the Earth. All the oceans are inter-connected, The ocean water. is not sulted for.the human consumption, being saltyin nature. However, there are certain living organisms in that safty water also: ‘The ecosystem of the oééans is suited certain living organisins. “The human beings and other'earthiy animals aiid living organisms need Water.. ‘This water is mostly supplied by the nature by way of rivers, lakes, waterfalls, and rains, icé from the mountains and to little ‘extent water underneath of the earth. Out of entire water quantity, only one per cent of water is suitable for/human and animals’ consumption. Atmosphere: The thin gaseous envelope surrounding the Earth is called ‘atmosphere’. It contains ‘about 5,000 million million tonnes of gases and tiny water vapours. The atmosphere has a great pressure For example, a column of air weighing about one tonne is pressing downwards on our body. You may ask, then how can we stand and live on the earth? The answer is that we don't fee! this pressure, because it is counter-balanced by the same pressure having within our bodies derived from the same atmosphere and gravity of the earth. Nitrogen occupies the highest place among the yases.” it comprises 78.09% of the total gases. Next is the Oxygen, which comprises 20.95%. Oxygen is the most important gas needed for animals and other living creatures on the eaith, especially “or human beings. Without oxygen, the human beings and animals can't live.more than few minutes. Carbon dioxide, which occupies only 0.0345%, is dangerous to animals and human beings, but is ‘essential for trees. Trees take in carbon dioxide and leave oxygen intgthe atmosphere. The natare~ thas created this setup for balancing the gases. Hydrogen is often heard. {tis the important element in water (H,0). Two atoms of Hydrogen and one ‘atom of Oxygen are formed water. Thus Hydrogen is found in abudantly in hydrosphere. However, the same Hydrogen is found very less in atmosphere. The share of hydrogen in the atindsphere is very meagre, ic. 0,00005% of the total gases. Nature has set upthis wonderfull arrangement. Hydrogen in water is very useful fo organisms, but is very dangerous int gas form. : n, Neon, Helium Methane, Kypton, Xenon, Ozone are the other gases fourid in the atmosphere, but they are present in very negligiole quantity, like hydrogen. These are aiso set up-by the nature in the atmosphere. However, this natural set up has been damaged due to the man's intervention in the environment. Besides theses gases, Carbon dioxide, Carbon Monoxide, etc:, dangerous and artifically created gases are released into the atmosphere by the automobiles, industries, etc. .Itis @ threatening consequence presently mainly in the cities. We are all experiencing this pollution and problem. Atmospheric Layers:, - We come to know that the gases which spread around the earth is ‘atmosphere’. However, the spreading of the volume of gases in the atmosphere is not equal. itis thick adjacent to the earth. It becomes thinner and finally ends towards the space. Accofding tothe volume of the gases, the atmosphere is divided into seven atmospheric layers orzones, namely: — (1) ‘Troposphere; (2) Tropopause; (8). Stratosptiere; (4) Mesosphere: : (6) Ionosphere; (6) Thermosphere: and (7) Exosphere. (4) Troposphere: Approximately 5/6th of the total mass of the atmosphere is confined to the lowest layer of the atmosphere, which is called the ‘Troposphere’. What we call and know ‘weather’ is situate within this ‘Troposphere’. It is nearest to the Earth's surface. It extends upto 44 kms (from the earth towards the sky). 80% of ths. climate is concentrated in this layer/zone. - Strictly speaking, the environmental law and the environmental pollution are connected and concerned to this Troposphere layer/zone. (2). Tropopause: layer is next to troposphere. T's layer separates troposphere. and the stratosphere, occuring at an altitude of § to 10 kms. / : (3) Stratosphore: ‘it may also be called as “Ozone Layer”, as ozone is concentrated in this layer. itis the third layer/zone of the earth's atmosphere extending from 14 kms upto 30 kms (depending upon season, latitude and weather conditions in the troposphere) from ‘the tropopause. - In.the | } | | i | | I i stratose content This zo! zone or | etc,, ag | ecourrit (4) Me) kms fre © (5) Lo! 590 km | minglec | waves. ° human | burnt in = (6) Th (7) Exe atmosp © starts. freeak <= MEANI surrour becom: *surrou and ex: Initsw | affect several closely fromm, their at etc. * Urban« There : | Geogr: etc, Th and so: The er survive special Enviro” Ecolor enviror enviror is abal Ecole, term} physic: the cot | earth. relation change areca ecosys |pied the ath, All in, being osystem, 5 mostly Ato little water is contains sa great son our ont feel derived es. Next vals and ‘beings s, but is. enature andohe owever, shere is Mdrogen sphere, ature in ninthe lus and Itisa ion and rarth i al. itis H tothe nely:— Strictly Ito this. nd the slayer. ending Inthe Emironmenta! Law. 2 stratosphere the ter_yerature changes only litle with’increasing altitude, Because of ifs low moisture conterit and absenc2 of large convection currents the stratosphere Is an excellent region for air travel, ‘This zone is free from water vapour, clouds and dust. One impértant thing is to be noted that in this, zone only plenty of ozone is coricentrated, protecting the human beings and other animals, trees, etc., against the fatal effects of solar ultraviolet radiations. The well known:"‘Ozone Depletion” is ‘occurring in this zone. (4) Mesosphere: itis the fourth layer/zone located on stratosphere. It occurs between 48 to 55. kms from the earth, {tis the level at which a temperature minimum occurs. It is @ very cold region. (5) Lonosphere: .Next to Mesosphefe, Lonosphere is located, and it extends from about 50 km to ‘500 kms above the Earth. Lonosphere is a largerzone. in fact, the sixth and seventh layers are also mingled in this zone. This layer contains jonised or electrically charged air and reflects radio waves facilitating wirele: i between distant places. The ionised air protects the human beings and all other living creatures, trees, étc., from the falling meteorites, most of which are bunt in this region. : (6) Thermosphere: itis the sixth layer/zone. It as a temperature of 212°F or 100°C. (7) Exosphere® ‘itis the uppermost layer/zone ‘he, atmosphere. itis the ‘outer region’ of the atmosphere, The density of air is very very low. From the end of this zone, the Outer Space sta Note Sas Atmosphere Ts HEUGed In he Sylabus t som oF the Universes, Ta ho previous Sylabus of Oumania| University, ths Topis was incided. In the latest aylabus of ¢ U, Wis nol menoned. However Ihave prepares Kas @ eneral nguledge and Keeping in viow of the ther Univers! [[Note < Thereby acknowledge with thanks thet the above mais‘al ls procured fom ‘Compettion Success Review Vear| Bobx: ‘Malayalam Mancrama Yeast Bock, Webster Dietonary, Environment Dictionary of David D. Kemp. 1albo advise the unis fo rcane hese nec cf test acon afr fo hem, Trane books gh tensa gent Kone ara leurent stirs. — GVRy i ee > ‘THE MEANING AND DEFINITION OF ENVIRONMENT (SN) MEANING: The word “environ” is derived from the French term “environner” which means “to suirround”. From this word, the most well known term of today “Environment” is formulated and has become world famous. The word “Environment” in its etymological sense gives the meaning “surroundings, especially the material and spiritual influences which affect the growth, development and existence of a living being’. In its wider sens- . enviraninent is a combination of the various physical and biological elements that affect the life of un organism. Although it is common to refer to ‘the’ environment, in fact there are several environments. Ali these are capable of changing in time and place.’ However all-of them are closely linked and combined constituting the whole earth/atmosphere system, They vary in size, viz., from microscopic to global touching upto azone layer. Thus they may be sub-divided depending upon their attributes. EXAMPLES: Aquatic environment includes the rivers, seas, oceans, lakes, aquifers, etc. The terrestrial environment includes the land surface, hills, plains, deserts, volcanoes, etc. Urban environment includes all the concrete jungle, i.e., buildings, foads, industries, etc.” ‘There aré several traditional sciences, such as Physics, Mathematics, Chemistry, Botofy, Zoology, Geography. Besides them, several new social sciences came into existence in the human culture, such as sociology, economy, political science, political sociology, criminology, victimology, philosophy, ‘etc, The Science of Environments a very new subject. However itis concerned with all the physical and social sciences. It is very muich inter-disciplinary in nature. : The entire environment is based on the Mother Earth.- Animals (including human beings), plants survive in this environment, This type of environment is not found in other planets. Ths is the, specialty of our earth. 7 Environmentalist. = one devéted in protecting the ecological balance of the earth. Ecology. =. Ecology isaGreekterm. (oikos. = house + logos = word) Ecology.is connected with environment, - Ecology is a branch of biology concerned with the relation betweentganisms and their. environment. Ecology is the set of relationships between an organism andits efvironment. Ecology isa balanced environment used for a natural or artificial environment. Ecology was first defined by Ernst Haecketin 1866. A,G. Tansley, the Britist¥:cologist, coined the term “ECOSYSTEM” , and explained it referring to a community of interdepefiaant organisms and the physical environment they inhabit. “There is no accepted ecosystem hierarctfy According to Tansley, the concept of ecosystem can be applied at a variety of scales, from the#microscopic to the whale earth, ° The individual organisms Interact with each other and with thelr environment in a series of ” relationships made possible by the flow of matter and energy within and through the system. Cyclical changes in animals and plants are an integral part of mnost ecosystems, Major environmental disruptions are caused by climatic changes such as: floods, earth quakes, volcanoes, fires, ete., may alter specific ecosystem.4 7 The Environmental Law The ecosystem of Arctic differs from that of Sahara desert. The Ecosystem of Russia differs from India, Natural ecosystems and environments are theoretically self-sustaining, However they may be adversely affected due to human interference. Industrializaticn, Urbanization and Modernization are ‘the major threats to ecosystem and environment to day. DEFINITION: ‘Sec. 2 (a) of The Environment (Protection) Act, 1986 defines “Environment” as follows: “Environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, anid human beings, other living creatures, plants, micro-organism and property.” ‘See. 4 (2) of the Environment pollution Act, 1990 of Great Britain: “Environment consists of all, or any ‘of the following media, namely, Air, Water and Land; and the medium of air includes the air within the building's and the air within other natural or man-made structures above.or below ground." i srt Bell define: | “Environmont is a difficult word to define. its normal-meening relates £0 ‘surroundings’, but obviously that is a concept that is relative to whatever object tis which is surrounded... Used in that sense environmental law could includo virtually anything; indeed, as Einstein once remarked, “The environment is everything that'isn't me’: However, ‘the environment’ ‘has now taken on a rather more specific meaning, though stil a very Vague and general one, and may be treated as covering the physical surroundings that are common to all of us, including air, space, waters, Jand, plants and wildlife.” The United States Council on Environmental Quality, in its First Annual Report (June, 1970) defined “Environment” as follows: “Ecology is the science of the intricate web of relationships between living organisms and their living and nonliving surroundings. These interdependant living and non- living parts make up Ecosystems. Forests, lakes, and estuaries are examples. Larger ecosystems or combinations of ecosystems, which accur in similar climates and share a similar character and arrangement of vegetation, are biomes, The Arctic tundra, prairie grasslands, and the desert are ‘examples. The earth, its surround envelope of life-giving water and air, and all ts living things comprise the biosphere, Finally, man's total enviromental system includes net only the biosphere but also his. interactions with his natural and manmade surroundings." : The Planning Commission, Government of india, in its Sixth Five Year Plan (1980-85), expressed ifs concem about environment and defined it very perspectively as follows: “The environment must ‘not be considered as'just another sector of national development. It should form a crucial guiding dimension for plans and programmes in each sector. This becomes clear only if the concer for environmental protection is understood in its proper context. * ‘The environmental problems in India can be classified into two broad categories: — (a) Those arising from conditions of poverty and under-development, (b) Those atising as riegative effects of the very process of development. ‘The first category has to do with the impact on the health and integrity of our natural resources (land, soil, water, forest, wildlife, etc.) as a result of poverty.and the inadequate availability, for a large section of our population, of the means to fulfil basic human needs (food, fuel, shelter, employment, etc. ). The. ‘second category has to do with the unintended side effects of efforts to achieve rapid economic growth and development.: In this latter category would fall the distortions imposed on national resources from poorly planned development projects and programmes, as well as from lack of attention to long-term concerns by commercial and vested interests. “Thus it is clear that a concem for environment is essentially a desire to see that national development proceeds along rational sustainable lines, Environmental conservation is, in fact, the very basis of all development. * Agarwal, in his Second Citizen's Report (1986) defined: | “The.environment is not just pretty trees and tigers, threatened plants and ecosystems. It is literally the entity on which we all subsist, and on which thie entire agricultural and industrial development depends. Development can take place at the cost of the environment only until a point. Beyond that point it will be like the foolish man who was: trying to cut the very branch on which he was sitting. Development without ‘concern for the environment can only be short-term development, In the long term, it can only be anti-development ‘and can goon only at the cost of enormous human suffering, increased poverty and oppression. India may be rapidly approaching that point.” Goud), Environmehtalist, defines: "Environment is the representative of physical components of the ‘earth, wherein man is the important factor influencing his environment.” The Encyclopedia Britanica: “The Environment means the entire range of exterrial influence acting on an organism, both the physical and biological, and other organism, i.e,, forces of nature surrounding on individual,” explain actions | ignoran | which ¢ achieve needs i creatio: | orderly § buildin = a4. eve ANSW: INTRO other d and rei and pre Lastru | devise: ” Aristo” is form | KINDS Selenc © ai) & scienc scienc | these organi family. instrur The ht scienti — © experi | Eacht ENVIR | * with th upto tr with tr globe. | The E: gainec life. “E burnin taken this be eee‘rs from may be tion are teaning s which ed, as iment’ admay space, fefined stween id non- stems er and ert are mprise Iso his ‘essed tmust tuiding. 2m for (land, ection The rrowth s from i-term lines. trees nd on atthe >was ment ay be ofthe rcting nding The Environmental Law 8 |WHIe dposing the case “MLC, Mehta vs, Union of India (1987) 2 SCC 165”, the Supreme Court ‘explained the environmentas follows: “A point has been reached in history when we must shape our ‘actions throughout the world with a more prudent care for the environmental consequences: Through ighotélicé or indifference we can do massive and reversible harm to the earthly environment.on which our life and well-being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes. There are broad’ vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man must use knowledge to build in collaboration with nature a better environment. To defend and improve the human environment for present and future generations has become an imperative goal for mankind— a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and.worldwicle and ‘social.development.” ‘9.4: Ehisidate th statement thatthe etudy of envifonmantal law necasearly inveduoas interaietpnary approach. "ANSWER: INTRODUCTION: ‘The term’ “Science” means "knowledge; systematized discoveries in nature or ‘thet departments of inquiry". Science, viz., can be acquired by systematic observation, experiment and reasoning. Science is an objective, logical, and systematic method devised to describe, explain and predict observable phenomena. It honours empiricism. Lastrucel observed: “Science is an oblective, logical and systematic method of analysis of phenomena devised to permit the accumulation of reliable knowledge.” Aristotle said: “'Scieneé begins, when, from a great number of experiences, one general conception is formed which will embrace-all similar cases.” KINDS OF SCIENCES: There are two kinds of sciences: ()) Physical Sciences; and (i) Social Sciences, (iy PHYSICAL SCIENCES: These are also called as “Natural Sciences”. Because, these sciences are concemed with the nature and natural objects. . They include - (1) the Biological ‘Sciences, viz., biology, botany, bacteriology, éte., which deal with living organisms, both human and Ron-human; and (2) the Physical Sciences, viz., physics, chemistry, gaology, astronomy, etc... which deal with the non-living physical world. . The Scientists of this kind of sciences ‘have & great good ‘opportunity to utilise scientific instruments and-laboratories. By Using instruments iri laboratories, they conduct the experiments and practicals, and compare the results with the theories. Thus they cari conclude the results accurately. ‘The results accrued and proved in accordarice with the theories taught in the universally are always alike. For example: 2x2=4. (ii) SOCIAL SCIENCES: Social Sciences are those, which deal with the man and society, These sciences analyse the human relations, organizations in scientific methods. ‘Examples'of the social sciences are - Sociology, Political Science, Economics, Anthropology, Psychology, History, ets. All these social sciences deal with human’ beings, their behaviour, social structure, its utility, such as organization of cities, collective spirit of cricketeers in a cricket team, the patterns of interaction in a {amily system, human relations between the people, etc. The social scientists have no facilities of instruments or laboratories. They could not sit in a laboratory. . Entire society Is a laboratory for them. The human beings of entire society are the Instruments of social scientist. In contrast with physical scientists, ‘social scientists could. not get accurate results from their experiments, because the experiments and theories depend upon the behaviour of human beings. No two men behave similarly. Each person has his own distinctive features and behaviourism: ENVIRONMENT: tis the science of environment. itis social science. Itis vast. itis concemed with the microscopic organisms to entire globe. It is concerned with the sub-soll of earth and seas, upto the open space and ozone layer. Every living and non-living thing is concerned with it. Itexplains with the interrelations, interactions between living organisms and non-living organisms, and entire globe. ‘The Environment is a new subject. This subject was evolved just forty years ago. Even though it gained more popularity than other. sciences. It has shown most tremendous affects on the himan life. “ Because it is mainly connected with all the people-of all the nations. Today the entire world is burning with environmental problems and pollutions. If reasoriable and appropriate steps are not taken in time, our planet will be destroyed by us in a’short span. Our past generatians have passed this beautiful and healthy earth to us. It is our least duty to pass it intact to our future generations,8 Tne Envronmantl Law. ‘The environmentalisis research, discuss, formulate the solutions for the problems of the world. | Thi subject concems every walk of human beings, animals, forests, deserts, and entire environment. “The environment is mainly a social science. However, it is connected with both the physical and social sciences. There is no-other science having. so much near relations with both of them. tis ‘concerned with every science, physical and social sciences. The environmental law necessarily introduces inter-disciplinary approach, Before knowing about its connections, first we shall discuss what is science. What is Science? Science. (n.) = Knowledge acquired by careful observation, by deduction of the laws which govern changes and conditions, and by testing these deductions by experiment, a branch of study especially one concemed with facts, principles and methods. Science is primarily a quest for knowledge. It is a mean of collecting or constructing or finding a certain kind of knowledge. Itis the pursuit of a particular kind of knowledge about some aspects of the universe. Goode and:Hatt define: “Science is an accumulation of systematiséd knowledge.” Pasteur defines: “Kriowiedge is gained by systematic observation, experiment and reasoning. tis ” called science." an : .."Science is objective, logical, and systeinatic method devised to: describe, ‘explain and-predict observable phenomena: Science regerds empiricism or sensory experience as the most reliable source of knowledge.” : Brecht: “Science is an inter-suibjectively transmissible knovilede.” FOUR RULES OF SCIENCE: There‘are four Rules of Science framed by Scientists to qualify it— 4. Rule of Economy: No more causes of natural things thah such as are both true and sufficient to explain their appearances. Rule-2. Rule of Explanation: The experiments must expiain the same results applicable to universe, suchas 2x2=4. There must be no Variation in the results. : Rule-3. Rule of Induction:, To thé same natural effects, same causes must be assigned as far as Ri possible. 7 ‘Rule-4. Rule of empiricism: Empiticismis the scientific method of proceeding by inductive reasoning from observation to the formulation of a general principle, which is then checked by experiment. Locke,: Berkeley, Hume, etc., of British Philosophers, opined that it is science which “canbe perceived by the senses and it is not science which cannot be verified”. : According to David Easton, there ate Seven Rules of “Assumptions of Scientific Method”. They are:— (1) Regularities; (2) Verification; (3) Techniques; (4) Quantification; (5) Values; (6) Systematisation; (7) Pure science; (8) Integration. THE ENVIRONMENT IS A SCIENCE (sn) ‘The majority of physical and'social scientists are now of opinion that Environment is a science. They opine that environmentis a science of entire world. It is the corpus of all physical and social sciences. Itmaintains its own distinctive features. It possesses all essential characteristic features of “science”. It is progressing with. research methodology, which is part and parcel of every, science Environmentalists use scientific and modern instruments and methods for their research and analyzation. There are several supporting features stating that the environment is a science. 4. Scientific investigation: "The Environmental scientists concentrate on scientific investigation of ‘envisonmental problems. They pay attention orvall comers of thie world. They pay attention on the living and nonliving organisms: ‘They gather necessary information. For it they take the assistance of all physical and social sciences. ‘2. Experiments: There is a close relationship-between. experiments: aiid environmentalists. - Like ‘other physical scientists, they conduct experiments:and compare with their theoretical values. ‘They calculate the volume of effluents, and their effect upon ecology, animals, and human beings. 3. Reformations: They give the solutions forthe environmental problems. They educate the people against such hazardous and noxious substances. 4, Explanations: The erivironmentalists give each and every explanation for the environmental pollution. They explain and definé every kind of such problems and also solutions for them. The deforestation, desertification, ozone depletion, global warming, acid rains, ete., are come to know as the result of their vigorous search and explanations. I 5 variable part ofr and.con states 0 6. Loy technic: | and ind’ 7, Ge calculat 8. Sci use sci ‘solutior 9. Em) environ evidenc io previou our Mot in goo mainly 44, Te social ‘ADVAN Scienc 4. Sol are the reason 2.’ go! Forex waste: Grinkal work: Eoolog Enviré, ete. 3 AN pollutic indust! 4 He Rights rights Supre funda 5. So ofthe places | 6. Cr ‘enviro angry. Ten They, other proble etc} 8 oT good | thew | Beeid. This ment. ‘ical and m. itis vessarily discuss igovern ‘pecially inding ‘a ts of the 1g. Itis escribe, ance.as ity afficient tiverse, sfaras 'soning Locke, ceived They, alues; (SN) They ences, ance”. lence. ‘hand tion of onthe nge of Like They seople nental The owas The Environ Law z 5. Hypothesis: Hypothesis is a speculative statement about the relationship between two or more varaBles. Environmentalist prepare hypothesis on every environmental problem, tis essentially a part of research, which other branches of scientists also do. Such hypothesis is scientifically tested and confirmed, refuted or revised depending upon the outcome of the study. This hypothesis accurately states one aspect of environmental olution Inuences or sects on athe 6... Logical and rational approach: . Every environmentalist researches and analyses the facts teunnleally bgieally and rafonaly, and concludes with accurate result, which reflectthe actual society and industry's psychology and behaviour. 7. Creating scales and indices: The environmentalists created certain scales and indices for. aloulating the environmental pollution, and their affects on ecology and environment. 8: 'Selentific Method: . They adopt technical, creative and hardworking ‘scientific methods. They ge scientific instruments for evolving the quantity and quality of water, air and land pollutions. Their solutions are also based'on scientific methods: 9. Empiricism: They collect the data from the industries, populated cities, and every where from the environment. They give the actual figures how the environment is polluted by the various factors with evidence. 7 10. Ethics: The primary object of the environmentalists is to reinstate our Mother Earth in its previous state. Now entire world is heavily polluted. They say that our previous generations passed Our Mother Earth in clean and polluted free state, and itis our liability to pass it to our coming generations in Good.condition.- We have no right to pollute it, - The Environmentalists’ mottos and objects are mainly concerned-with ethics. ° 41, Terminology: Environment is a flexible and vast subject. It i$ associated with physical and sotial sciences. There is no lack of terminology. However, several new terms are adopted recently. ADVANTAGES OF ENVIRONMENTAL SCIENCE: The following are the Advantages of Environmental Science:— 4. Solution of Environmental Pollution: Industries, automobiles, deforestation, urban cities, etc., are the major Important Sourceg of environmental pollution. The environmentalists research into reasons of such pollutions and evolve remedies. 2," Solution of social problems: ‘Due to the environmental pollution, several social probiems arise. For example, in-a locality, an industry is established, which is releasing dangerous industrial sludge, waste and gases. The agricultural lands have become barren lands. Water has become polluted not drinkable. ‘Thus the social and economical problems arise in that locality. The agriculturists have no work. Unempioyment will raise.: The food shortage occurs. Several people migrate from that place. Ecological imbalance occurs. Like this several social, economic, law and order problems will arise. Envirénmentalists foresee them and give appropriate remedies to the people, industrialists, Government, etc 3. Awakening Public: The environmentalists awake the people, They warn them against the pollution. They suggest to take the appropriate remedies. In such occasions, they-agitate against the - industrialists and the Goverriments. 4, Human Righta:” Right to live is guaranteed by Article 24 of our Constitution. “The UN Human. Rights Conference, 1948 also. guarantees the human rights. Envirofimental pollution and-human rights are divergant and opposite to each other. Pollution harms the human rights.’, That is why the Supreme Court interpreted Article 21 and applied to the environment. It says that every citizen has the fundamental right to live with fresh air, water and land. 6. Social Disoraanisation: Environmental ioltion causes social disorganization. Due to selfishness of the industrialists, the society is disturbed. Several people from the industrial areas migrate to.other places due to pollution. The land value is decreased. 6. Criminology: The rate of crimes increases at the rate of proportional increase of pollution. The environmental pollution irritates the people. People loss their employment and also patience and get angry quickly. 7. International Problems: Environmental problems are pot limited to a particular locality/area. ‘They are also international problems. The pollution may be caused in one country, but it spreads other countries too. Environmentalists give the solutions for every environmental problem. The problem.arises in implementation and political interferen7ce. (Refer to “Trail Smelter Casé", “Chernobyl Casa”, oo) : 8. Teaches morals and ethics, ete: The Environmental science teaches the peopie about the good morals, ethics and to Keep Itclean, June Sth is celebrated as the Environmental Day throughout the world every year.0 “The Environmental Caw F — | & DevelopmentofEcoaystem: An ecosystemis not developedin at overnight. Frits development, le several years (hundreds or thousands) are taken to reach a final stage, which is called ‘climax oon community’. ‘The following figure shows the development of an ecosystem, and its stages of primary M plant succession in a mid-latitude temperate zone in which the climax community is deciduous forest. (3) Wet The important point to note is that from the first stage to the climax community, several thousand techno years’ time is required, | 2001. & so 1 willals' Taio dau | Russia | | sertain |) Bel alarge |, 7 anditl § (5) Exh saye tj insecth | legs wi ure wwomneameyen hunting © Source: The Environmental Dictonary writen by David K. Kemp wih acknowledgement, + of seve 4 MLIN-Li CAPES AND PLAINS: The ecosystems are infinitely various. They The 8M Conuit be clbssified. “To understand the concept of ecosystems, we shall refer to landscapes and) Me SE 5 plains. We find that several great civilizations were established in the plains particularly at the banks I balanic 4 of the rivers, If we refer to the landscapes, the people of the ecosystem containing landscapes (6) Ee couldn't develop as those of the people of plains. } animal 9 ‘According to APA, Vink, London, the majority of the people in the landscapes are underdeveloped andtoi F rather they become as tribals, strictly speaking they are not equally civilized with:those of the people in Otseve p the plain areas, He explains the reasons fort that runoff and erosion in a mountainous landscape will market f impacten the landscapes in adjacent low ground. This influences the functioning of individual units | twontie 5 and of the adjacent landscape as a whole. | Busse G EGOSYSTEMS IN RAINFORESTS: Thick rainforests have developed and in.existence in the Govert 2 tropics, sub-tropics and some temperate regions where the moisture is abundant all year round. tigers, & Tropical rain forests are best-developed fo north and south of the equator in the Amazon and Congo basins, West Africa and in parts of Southeast Asia. The ecosystems are different in the rainforests Uke thi ¥ totally from other areas, Further the ecosystem of the rainforests in Amazon is different with that of extingy ° the ecosystem of the rainforests in India. Depending upon the nature of soi, various species of plants. | Dalene and fauna develop in a particular ecosystem. | Specie i H. ECOSYSTEMS IN SEAS: Thiee-fourths of the earth is occupied by the seas. Seas contain | Srltlcal | | moe than thousand meters depth. Every sea has its ownlecdsystem. The seas contain salt water. | The Cy with no air. “The salt water contains different pH. Meagre oxygen is available in the sea waters. in | andab such environment and ecosystems also innumerable sea aniniais and plants live, The ecosystem of | interve + the seas is quite different with the ecosystem of other part of the earth. ; Lome? |. ECOLOGICAL BALANCE: In every ecosystem, the biotic develop according to abiotic. Nature in the maintains ‘Ecological Balance’. For example, the reproduction capacity, i.e., producing their number by we in snakes, lions, tigers, etc., is lesser than the reproduction of frags, rats, pigs, etc. * narmt £ ‘Thus stability in an ecosystem is achieved through an gaullibrium among its various components. It consur does not mean that the ecosystem is static. . The ecosystem always changes, but gradually. This is ‘ofganir ¢ said by Darwin, the great scientist, in his book ‘Origin of Species’ : has of 5 Every ecosystem changes according to the natural variations and other influences, such as fire, floods (Sh Me volcanoes, earthquakes, and other climatic changes. ° In riormal climatic changes, the ecosystem is ordinay elastic and recoups.within short period or after along period. It adjusts itself. Itis a natural phenomenon. way.of ‘This has been occurring from thousands of years. . | plants. & Je REASONS FOR ECOLOGICAL IMBALANCE IN ECOSYSTEMS: There are several reasons for ecological imbalance in ecosystems: | (1) Environmental Pollution: The ecosystems adopt the suitable methods for their existence and continuation, if the natural calamities and climatic changes occur. The most dangerous thing is that the human interference heavily damages the ecosystems, and also causes ‘ecological imbalance’. | ‘The erivionmental pollution caused by the humen beings has beconie death blow tothe plants and | animals, (2) Deforestation: The population has been abnormally and enormously increasing. The man | i began to occupy. all the forests for the residences, factories, agriculture, etc. Due to speedy2lopment, 4 ‘climax of primary us forest, thousand is. They apes and he banks rdscapes aveloped people in scape will tual units ce inthe ar round. d.Gongo inforests th that of of plants 3 contain alt water ters. In ystem of Nature “number rents. It & This is 2, floods, ystem is ‘2menon, reasons nee and gis that valance’ ants and he man speedy : The Envronmontl Li 44 urbanization, the extent of forests has been speedily degrading. The deforestation has become a death blow to the ecosystems. This has already caused irreparable loss to the environment by the extinction of several species of plants, animals and birds. (Refer to Silent Valley Case.) (3) Wars: ‘The traditional wars were confined to knives and archery, But the modern armaments and tectinology used in the wars not only kills the enemies, but the surrounding ecosystems, On 26-10- 2001, a group of sclentists forum warned that the bombs and explosives used by America on Afghanistan will also badly effect on the ecosystems of the surrounding countries, including Pakistan, India, Soviet Russia, Tazakistan, Iran, etc. The chemicals and substances used in the bombs and explosives will certainly have long run effect on the ecdsystems, (4) Pesticides: The farmers have been indiscriminately using insecticides and pesticides for raising allarge quantity of food grains, etc. Due to their use, certain species of the plants and animals will die anditleads to ecological imbalance. : (8) Frogs: In fact, the frogs are the friends of the lagriculturists. The frogs eat insects and pests and saye the crops. This also saves the agriculturists’ purse from wasting money on pésticides. and insecticides. In 1980s, the Chinese, Japanese and the people of some Western countries ate the frog legs. with liking, Some years ago frog legs were exported to those countries from India, Due to hunting of the frogs, their number became less. As the number of the frogs was decreased, the pests. of several varieties developed. Thus in all the regions of India, the ecosystem was badly damaged. The environmentalists started agitation. The Indian Government immediately résponded and banned the export of frog legs. This is a latest and clear evidence in India, which has damaged the ecological balance and ecosystems, 5 (6) Endangered species: ‘The ‘hon-vegetarian’people like to eat the rare species of plants and animals, with a false idea that those species of plants and animals will:enhance their sexual capacity and to increase their health and Life. Even though itis a false imagination, it causes the disappearance ‘of several species of plants and animals. A tiger's kidney costs Rs. two to three lakhs in the international market.. There were more than one lakh tigers in the forests of India and China at the beginning of the twentieth century. Every part of tiger, ie., teeth, skin, kidneys, testacles, etc., has intemational demand. Que to this demand, the smugglers have been hunting the tigers indiscriminately, and without fearing about ths Acts and Police. Now there are only four thousand tigers through out the world. If the Governments and people neglect to protect tigers, our future generations.could not see the physical tigers,-but only graphics and pictures of tigers. Like this there aré several species of plants and animals have been decreasing and some Have already extinguished. By the extinction of several species of plants and species, the ecosystems and ecological balance are badly affected, Species of plants and ariimals threatened with extinction, because their numbers have deciined to a critical level as a result of overharvesting or because their habitat has been drastically changed ‘The Convention.on International Trade in Endangered Species (GITES) lists some 3000 animals and about 24, cles of plants in India extiiguished due to the environmental pollution and human. intervention into the ecosystems. (7), Global Warming and Ozone Depletion; These are also main causes for the ecological imbalance in the ecosystems. [Reter to Topics “Global Warming” and “Ozone Depletion”) (8) Heavy Metals: ” Metals siich as mercury (Hg), lead (Fb), tin (Sn), cadmium (Cd), ete., are not harmful to the ecosystems, when they are in ores. However, when the ores are converted into the ‘consumable chemical compounds, the problem arises to the environment and ecosystems. The soluble organic forms of these metals are most hazardous and poisonous to natural ecosystems and finally it has effected on the health and existence of plants, animals and human beings. (9), Wetlands: Several creatures, fauna, plants develop in the wetlands, which can't develop. in ordinary soil. Due to the increasing population, the wetlands are converted for the use of man by the way.of agriculture, industries, residence, etc. Due to the conversion of wetlands, several species of plants and animals extinguished. (Refer to Toric “Ramsar Convention”) (10) Oil Pollution: ‘The modem industrial society depends upon petroleum, diesel and their products, Not only during the consumption, but also during the excavation and transportation of the petroleum products the ecosystems were damaged heavily. The leakages cause the layer of petroleum products on the seawater, which kills the sea-animais.in millions. We are seeing such scenes in TVs. and newspapers very often. No surprise to learn that the consumption of petroleum, diesel and their products is the major threatening cause of environmental pollution. It badly affects upon the ecosystems all over the world including sea-waters.“ vkonenalLa 1F. OZONE DEPLETION 1. Wit are.e cass art effec of Ozone Derleton? (Sent, 2005,0.U) Q.2, Explain "Ozone Depletion” and “Global Warming”, . (Feb., 2004, 0.U.) (Apr, 2004, D.U.) [Aso refer to Topic “Global Werming" 7 2.3. Wiat ls "Ozone Depletion, a exon the causes fer Ozone Depiaton? (hor, 202,010) @.4. Enumerate the environmental threats of global nstire. What ere their international implications? What sé the, internations! {Fatale inte Fld of encronmertal pretecion? . * : Gi, 2608, BAND) 2.5, Ozone Layer. et {SN} (dune, 2008. NU.) 28. Choratizo cerns. . sn Q.7. Advantages of Ozone Layer. i 1 . (sm) 28. Crone tronaly products. ew ‘29. zone Depleson +5 (649 (ve, 2003, GU (Bee, 2091, 84) ANSWER: \ Meaning: i Ozone: Ozéne is an allotropie form of oxygen in which three atoms form one molecule (O,). It has a pungent smell. Its naturally present in the air after a thunder storm. itis produced by a silent discharge of electricity. It is used commercially for sterilizing water, bleaching, purifying air, etc, Ozone is a very powerful oxidising agent. Itis a blue gas. It is present in both the troposphere and the stratosphere, with tropospheric ozone accounting for about 10 per cent of the total ozone column, . : In the troposphere, ozone becomes harmful to all the living forms. In troposphere, itis a constituent of photo chemical smog. tis normally considered to be a pollutant irritating to eyes and respiratory tissues, and harmful to plants: : ‘ In gontrast, in stratosphere, ozone is an esseiitial component of the earth/atmospnere system, because of its ability to protect the biosphere from excess ultra violet radiation : ‘Ozone Layers. The amount of ozone accumulated in the upper atmosphere is called “Ozone Layer" This layer fluctuates as much as 30% from day to day, since the formation of Ozone results of a series of dynamic physical and chemical processes. Ozone owes its existence to the impact of ultra violet radiation on Oxygen (O,) molecules in the upper atmosphere, with the'main production taking place in the tropical stratosphere where radiation levels are high. Oxygen molecule normally consists of two atoms. In the lower atmosphiere they retain that configuration. At the eneray levels, by emitting Sunrays directly associated with ultra violet radiation in the upper atmosphere, these molecules (O,) split apart to produce atomic oxygen. Before! which down a further form. no 0201 Mother biologic | Ie-there | no wate | ie., rai, temper eartha| organi ‘Ozone Maugh | jncreat ete. th The de Deplet Gause | back 1! 1970s causes 1. Mo agricul reason bodes nitrege thrown hazard Power 3. Hye pollute ‘Specia | stratos 4a contin | and air | ete., hi | How th |2008, 0.) 2004, DU) 12002, 0.0.) international 1002, BAMU) . 2008, NU.) (sn) ism) (sn oot, SVU) 1(,). It nya silent y air, etc. sphere al ozone anstituent ispiratory + system, eLayer”, fa series itra violet 3 place in is of two. remitting rules (O,) ‘The Environmental Lew 18 Before long these free atoms combine with the available molecule oxygen to create triatomic oxyaen, Which Is also called ag “Ozone” (O,). That reaction is reversible, The ozone molecule may break down again into its original components — molecular oxygen and atomic oxygen — as a result of further absorption of ultra violet radiations combined with oxygen to be reconverted to the molecular form, Advantage to earth by Ozone Layer: Ozone layer protects our Mother Earth from the powerful ‘sunrays. The sunrays are very powerful and coupled with ultra violet radiation. Suppose, if there is no ozone layer, then the ultra violet radiations emitted by the powerful sunrays directly reach the Mother Earth. - The powerful sun rays coupled with ultra violet radiations would damage the entire biological, physical and chemical structure of the earth, i If there is no-ozone tayer, there would be no animals and plants. Every living organism would be destroyed by the powerful sunrays’ radioactivity. Thus ozone layer has been protécting us from the destruction and from ultra violet radiation Climatic Changes: Dus to Ozone Zone, our mother earth is quite safe. If there Is no Ozone Zone, there cannot be climate and climatic changes. There could be no rains. ‘Because,'the temperature onthe surface of the earth increases to double to ten folds. In that heavy temperature, there could be no water. Entire water in the seas and.on the earth will be disappeared. There could be-no seasons, ie., fainy season,.summar season and winter. season. Only there can be summar with. heavy temperatures, perhaps more than 100° centigrade to 1000°centigrade. ‘In such a situation, our mother earth also will become as a mars planet. There is no question of possibilty of existence of any living ‘organism on the earth. Ozone Depletion: There are several scientists, viz., Rodriguez, Crutzen, Fishman, Hammond, Maugh, etc., found that there is a'considerable danger causing ta the ozone layer by the human activities. Increased urbanisation, industrialisation, nuclear weapons, nuclear wastages, environmental pollution, etc, the ozone layer has been affected causing it to reduce its size year by year. ‘The decrease of width of the ozone layer, the decrease of ozone in stratosphere Is called “Ozone Depietion” 7 Causes for Ozone Depletion: The data collected on stratospheric ozone showed that as far as back 1950's ozone levels were remained relatively stable and within the normal limits, However since 1870s the data has been showing that ozone levels are fluctuating and alarming degrading. The causes are several. Some of them are stated under:— 1. Modern Technology: The modern Technoldgicat developments in warfare, computers, aviation, agriculture, ifestyle, etc, involve a variety of complex chemical compounds, both old new are the main reasons. 2, Nuclear Weapons, Nuclear Wasiages. ete,: Nuclear war, Supersonic transport (SSTS), Cruising in the stratosphere and agricultural techniques are also causing the damage to ozone layer. ‘These ‘are dependant upon Nitrogen-based chemicals.. Fertisilers are also potential sources of increasing amounts of oxides of Nitrogen (NO,), a group of highly potential destroyers of ozone. Computer simulations suggested that following a major nuclear conflict 50-70 per cent of the ozone layer might be destroyed mainly as a result of the synthesis of oxides of nitrogen from atmospheric oxygen and nitrogen at the high temperatures produced by the thermo-nuclear explosions. Nuclear wastages thrown by the Nuclear Thermal Projects, and Nuclear Weapon Factories emit several noxious and hazardous substances in the environment. Example: Accident in Chernobyl Nuclear Thermal Power Plant. 3. Hydrogen Oxides (HO,): Its found that hydrogen oxides are the most powerful ozone-destroying pollutants. These are produced in the atmosphere on the earth by thousands of chemical industries. Specially nitrogen-based industries emit hydrogen oxides in the environment. They reach the stratosphere and cause ozone depletion, 4," Chlorofluorocarbons (GFGs):". Chioroflucrocarbons,” Bromoflucrocarbons or Haions are, sontinuously emitted into the atmosphere causing threat to ozone layer. CFCs are used(n refrigeration ‘and air-conditioning systems, propetiants, polymers foams, etc. The use of retrigerators, air conctions ‘etc, have been increasing in the world. Proportionately the release of CFCs is also being increased. ‘How these chemicals destroy the ozone is shown in the undetneath diagram.“Conver | : suche | t i Source:kemp, 0.0 (1994) Global Envicnmentt sues: A t = Gimatoiogicel Approach, London/New York ie Routledge eo: 3. @-0+ 6-0 | L ee thousal | 7 Tree gerne srelote fo'nhecs ose uaa : eet . buman Changes in Ozone Layer; The computer analysis and the data produced so far have shown an " ‘alarming position. The Ozone Depletion is calculated inthe name of “Dobson Units". The British (i'teee Antarctic survey had released the Ozone Depletion in the following diagram:— i ee 1996 0 Saas 1997 a : aiiv | ‘epson’ i warbe Units : P. aéeum meal oe '. these’t survive Z ~ nuslea! 2 1967-1672; mean see the spli . remain co ‘ F agreen P Howey p Bosse 109 = the thr: TBopemmar 7 ¥Ocaner st Novem 7 Becanber Tana, betta ‘Source: British Antarctic Survey Web Page {Also refer to Topic “The Nairobi Convention, 1882 (FCSN) po ganee Steps taken to protect ozone Jayer:. The problem of the depletion of the ozone layer was first dealt more p with in the year 1985 by the United Nations by the “Convention for the Protection of the Ozone NucLI: Layer, 1985". The serious hazard es recognised by the Member-States of the United Nations | ‘countri | Organization and concluded the “c=1wreal Protocol on Substances that Deplete the Ozone Layer, |- was‘pr | 4987" | genere | Whereas the Ozone Layer Convention, 1985 provided for Scientific Research, Co-operation and ee. | isthati Pe lic Conferences, the Montreal Protocol, 1987 took the matter further by requiring the Member- bs |shown an he British first dealt ie Ozo1 i Nations ne Laver, ation and Member- ‘he Envrermientel tow 2 States to limit their consumption of chlorocarbons.. Amendments were made to the Parent Convention, 1985 agreed by the Member-States in Helsinki (1989), London (1990) and Copenhagen (1992). Al these efforts provided a time-table for-reduction in the production of Ozone-Destroying chemicals, and their replacement by Ozone-Friendly products. In the sphere of Municipality Laws, the Australian Government enacted an Act eliminating Chlorofiuerocarbons and Halon use in the year 1994. It isan example of the type of legislation required at the national level to make international agreements, such as the Montreal Protocol and Parent Convention, 1985. It is regrettable to say that the majority of the member-States have not enacted such legislations 80 far, and even the Indian Parliament has not enacted such an Act s0 far. 1.G. THE NUCLEAR DISASTERS AND: THE ATOMIC ENERGY ACT; 1962] Q.1. Elan the tegsies and envirenmantal potions thet ere caused by Nuclear Diaastors 12.2, Chernobyi Nuclear Disaster. ish), 3. Nuclose Potuton Threat (SN) px, 2004, B.U) Q.4. Niclear Radiation en 2.5, “The Atomic Engeray Act, 1962 (sn) 2.8, “Three Me flan sn) ANSWER: as INTRODUCTION: Huge energy Wwill.be released by Nuclear Fission, . This nuclear ar fsion can be used for two purposes — one for atom bombs, and another for nuclear energy, .e.; electricity. ‘America had thrown first nu¢iear bomb on Hiroshima and Nagasaki in Japan during the Second World War. . Too much disaster was created by the atom bombs fallen on Hiroshima and Nagasaki Japan surrendered itself to America immediately. As.a resutl, the Second World War was stopped. Since then America, Soviet Russia, France, England, China, etc., countries have accurtulated several thousands of nuclear bombs. There are several other countries accumulated the atom bombs, including india, Israel, Pakistan, Iran, North Koréa, etc. . Now the formula of atom bombés is not in secret. Even some groups of terrorists also know this formula, . ‘The effects of each nuclear bomb, itt is put into use, shall create huge disaster and'danger to the human beings and environment. What was happened in Hiroshima and Nagasaki, the world witnessed. In'1868, the first review conference of the Non-Proliferation Treaty (NPT) was concluded by majority ofthe States. It aimed to prevent the nuclear bomibs. As NPT has shown discrimination between the Nuolear States, i.e., America, China, Soviet Russia, France, England and other countries, India did not sign on it : Cold War: There was a’stringent cold war between America and SovietRussia upto 1992. The cold war between these Super powers had caused too much threat to the globe aé each of these countries accumulated more and more nuclear weapons. . There was @ breath-stopping tension between these two groups. It was feared that if the third world war happens, no human being or tree shall survive. The reason is that in the future.war, the traditional weapons would not be used. The nuclear weapons accumulated at States upto 1990s have the capacity to smash the entire world for The testina of nuclear weapons also threatened the ozone layer. However due to the splitting of Soviet Russia into 15 small countries and destruction of the Soviet Power, now America remains as the only super power in the world. Hence cold war ended. ‘There wére several agreements between America and Soviet Russia to reduce the number of nuélear weapons. However, the cold war was ended between America and Russia, now there are several other countries possess the atom bombs and their technology; ie., India, Pakistan, Israel, North Korea, tran, etc. Now the threat of nuclear bombs is more than previous, as there is a chance of getting this technology by the terrorists. Nuclear Plants: Now, besides the nuclear bombs, the werd also fears about nuclear plants and their bad affects on the peopis and environment. Ifa nuclear plant fails and bursts, it could create more and ‘More pollution, deaths in its country and also its surrounding countries. NUCLEAR DISASTER: The electricity produced by the nuclear plants costs cheap. Hénce several countries established nuclear thermal plants. In the early 19908, 17_per cent of the world electricity was'produced from about 420 nuclear reactors in 26 countries. France has 73% of its electricity generated by nuclear reactors... Belgium generates 66% of its electricity by nuclear plants, Britain (20%), whole Europe (30%), Canada (20%), USA (20%), Korea (49%), Taiwan.(41%), etc, The reason is that nuciear fuels contain much more energy than conventional and traditional fuels. There are fewthe Enviromental ew Sono power statfone In India, viz., Tarapur (Near Mumbai), Kalpakam (Chennai), Rawolate (Rajasthan), In 2008, the Congress Government of India wants te Increase its nuciea? thermal power raleea active support of America, However, the left parties are againstto this proposal: ‘Stockholm Declaration made it clear the principle of "Sustainable Development”. | The economic seeiboment should nol cause environmental pollution. We cannot cut aur throats with golden knife, She Ghemaby| nuclear plant leakage caused shock and fear throughout the world ; CHERNOBYL NUCLEAR PLANT DISASTER (SN) Ghemoby! nuclear plant is tocated 50 Kms. away from Kiev, the capital of Ukraine, Provines. ofthen Soviet Russia. (Now Ukraine is an independent State.) The nuclear disaster by way of radio-active, Susi spread from Chernobyl Nuclear Plant on 26th April, 1986." The Nuclear dust ‘spread more than {1600 Kms, Russia declared that seven persons were killed and 290 persons Were affected by the radioactivity and were admitted in the hospitals. The radioactive dust spread over in the surrounding radioacD iraine, Le., Finland, Norway, Sweden, Poland, etc. Such radioactive dust was also found in india, Baba Atomic Research Centre in Bombay recorded 7,700 mil becqueral per gram in Sin May 1986. The permitted value of radio activity is only 3,000 mill becaueral FT gram. he western countries contended that the Russian version regarding the number of persons killed and injured wag wrong. The satelite reports showed that about 2,000 persons dled ‘and several lakhs of parsons were seriously affected by the nuclear radioactive dust end firein the nuciear plantat Chernobyl: one evident was'due'to human and technical rors. ‘The UN General Assembly General Secrstary, Mn Xavier Porez do Gullar, remarked: “The Chernobyl Syndrome, has ramied the jess home aaa ore salt gare, the nuciear genie manages to escape... the moral. .It/s.one world ornon. A sharply divided and spilt atom world cannot co-exist.” : Every country has sovereignty to éxpioit ts own natural resources and formulates policies and programmes to develop its economy. “However no country is entitled to agarecs SPA others. “Sic Ero et altonum mon laudas” (Use Your property without causing harm or injury to others) is the Tee. legal maxim In the law of transfer of property. The same principle is 9s ‘applicable to the re Aine International Law. No nation has authority to cause environmental pollution n any shape cad in any manner with other countries. The Trail Smelter Case between America and Canada showed it clearly. : NUCLEAR TEST CASES: France conducted certain nuctear tests in the islands between Australia eat Non Zealand, Australia and New Zealand filed cases against France stating (rat due to these are oar teats the nuclear activity would spread over their countries. Before hearing the caste by the pie jonal Court of Justice, France gave undertaking that it would net conduct nuclear fests in that area, Hence the trials of the cases were stopped. THREE MILEISLAND CASE: is in Pennsylvania in America. APrivate Corporation constructed Cee eer Station in Three.Mile Island. Accident took place in 1979, in which half of he ae ee Reactor was completely burt, releasing radioactivity. “About ten thousand people fled away Several persons suffered with radioactivity. The company was put Into heavy loss. hnala conducted nuclear tests at Pokhran (Rajasthan) in 1973 and 1998. These tests did nat reat IR radioactivity in any of the neighboring States., Thus India cid net violate any rulev of he International Law and very particularly regarding the environmental law. ‘The United Nations Orgarization and its Member-States are very much cautlous about tiie Nuctear Tanta, nuclear tests, nuclear weapons, and nuclear wastes. During the mining processing, Poa facturing, storage, utilisation of the nuciear power plants and nuclear weapons, thera © Guy danger to human beings and environment. It does not stop and limit with one county: ‘The First ros War and the Second World War saw the traditional wars except the Hiroshima and Nagasakti. Poser acer technology is achieved by,several countries, viz, India, Israel, Pakistan, Taiwan, Keres, Germany, Canada, etc. Ifthe third world war comes, our mother-earth will disappear due to our own fault by using nuclear weapons. The 38th Session of, ral eof Internation: nk jency rae ee Sh to Zard September, 1994. Itwes the first legal Instrument and convention on the nuclear power plants safety. This International Convention ot Safety issued certain re rtone and obligations to the parties fo establish and maintain the, power plants with safely. 98 eee os including India, Canada, France, Russia, UK, USA, have signed this Convention, bee THE ATOMIC ENERGY ACT, 1962 (SN) ‘The Atomic Eneray Act, 1962 was enacted by the Indian Pariament with the object '¢ regulate the aa a rend radioactive substances in india. For the effective implementation ofthe Act, 1262, the Parliament enacted “The Radiation Protection Rules, 1971”.awatiata al power conomic en knife, (SN) eof then io-active ore than ‘d by the ‘ounding vas also “gram in gram. illed and lakhs of rernobyl. scretary, »n home ne world sles and s. “Sic rs) is the le to the iy shape Canada Australia to these 1s by the isin that, structed alf of the od away. ot create “national nuclear (SN) alate the st, 1962, The Environment sv 19 ‘The 1971 Act empowers the Ceniral Government to prevent radiation hazards, and guarantees the |. Bubllc safety and the safety of workers handling radioactive substances, and ensures the disposal of “radioactive wastes. Nuclear research, the manufacture and transport of radioactive-substances, and the production and supply of atomie energy and nuclear-generatsd electricity also fall within the Central. Government authority. : EVALUATION: In India, nuclear energy and radioactive substances are mainly deeit by the Indian Government only. Since the beginning, the Indian Government has not given any access to private Parties or the State Governments to enter inthis field. In America, this has been entrusted to private corporate bodies. ‘In India, the Indian Government has apparently unfettered powers to withhold from the public what it deems to be “restricted information”, India’s nuclear activities are mostly top secret. American satellites and American intelligent department could not detect India's nuclear tests Preparation, unti it exploded in Pokhran. Therefore any information regarding the location, quality, quantity, theory, design, construction, technology.and operation of nuclear reactors and of industrial plants, their radioactive substances are little known to the Indian people. GLOBAL WARMING - CLIMATIC CHANGES: ; GLOBAL WARNING 1. Explain the causes and efacts of Globat Warming, Discuss the felated law 7 (ug, 2008, 0.0.) 2.2> Explain “Global Warming”, ard the effect of clmatic changes on environrhert. ily, 2003, 0.0.5 2.3. What is “Global Warming"? Holv dois i atact an Environment? (0ee,, 200%, 0.4) Git.” What are “Grech House Gases"? What are thoir effects? : 28, Global Warming Global Warning, ism G6, Global Warming Clmalie Changes. 9 | sy 27. ‘Clmatic chenges. 5 7 is) Q8. Glebal Warming. (SN) (Dee, 2007, 0.U,) ane, 2006, NLU.) No, 2004, $.V.U.) (dune, 2001, N.U.) 2.8. Green House Efect (SN) (une, 2002, BaMU) 2.10. What do you understand by "Greenhousa Effect’? (SN) (Al, 2900,A.4) ‘Q.11; Grmen House Effect and Acid Ran. (8) (Aug, 2005, 6) 2.12. Global Warming and Green House Effect (SN) (New, 2000, 8.U,) ANSWER: INTRODUCTION: Since the beginnirig of this Century, itis evidenced that there has been a rise in global mean temperatures of about 0.5°C. The enhancement of temperature on earth is called “Global Warming”. It's threatening the world more than the nuclear weapons. If the warming is allowed to Tise, there shall be several adverse affects upon the earth. In the year 1998, the aver mpei world corde °F, which is the highest in this century. ‘The World Meteorological ‘Ordanization (WMO), New York published that the average temperature of this century is greater than the nineteenth century, and showed higher 1.26°F. It anticipated that it would increase to 2° to 6° (Fin the:next century, if the consumption of eval, oil, wood continues In the ‘same manner as in the twentieth century. 1 MEANING: Greenhouse gases. =. Article 1 (5) of the Convention on Climate Change, 1992 defines: “Greenhouse gases means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and reemit infrared radiation.” Green House Effect. = . There are about twenty gases, i.e., oxygen, hydrogen, catbondioxide, nitrogen, Helium, étc., accumulated in the atmosphere, making one per cent of the total atmosphere. All these twenty gases, in their original proporation in the atmosphere, as were set out by the nature, ‘are useful to the living organisms and for the maintenance of ecosystem, biosphere and biomes. However, if their proportion changes, they become tnost dangarous to the living organisms and the ‘entire environment. When some of these gases change their proportion, they become dangerous {Substances to the living orgenisms and environment. Out of them, Carbon dioxide (CO,) is the main __ On@. Methane.(CH,), Nitrous oxidé (NO), Chlorofiuorocarbons (CFCs), etc., are the other gases. ‘The’atea of the-accumulation of these gases is called “Green House” shown in the Diagram given _/Thls natural phenomena is that the solar radiation Ie filtered by Ozone layer and |g sent to the _ arth, which ifcan bear. The Ozone Layer fiters the Sun Rays, and causes to reflect the excess solar : 5 a 3 4 8 3 F. g 3 3 3 é g 3 a 3 i & z 3 3 eee