Theme: Pollution

What are the sources and effects of air pollution?

Air pollution is associated with many sectors, which include power, transport, industry, residential, construction, and agriculture.

Sources of Air Pollution

Burning of fossil fuels and emissions

The majority of air pollution comes from the use of energy like the burning of fossil fuels which releases toxic gases and chemicals into the air.(( National Clean Air Programme, Ministry of Environment, Forest and Climate Change, accessed at http://moef.gov.in/wp-content/uploads/2019/05/NCAP_Report.pdf.)) The two most common types of air pollution are smog and soot, caused by burning of fossil fuels like coal or natural gases. The small airborne particles present in soot or smog are extremely dangerous, as they enter lungs and blood and can lead to bronchitis and heart diseases which can be fatal. 

Other sources of harmful air pollutants are in the emissions from industry, vehicles, road dust, construction, garbage burning, domestic households and diesel generator sets.(( National Clean Air Programme, Ministry of Environment, Forest and Climate Change, accessed at http://moef.gov.in/wp-content/uploads/2019/05/NCAP_Report.pdf.))

Use of Air Conditioners

Increased use of air conditioners leads to a direct increase in the demand for electricity. This demand for electricity consequently increases the dependence on fossil fuels to meet the collective energy needs. The electricity sector, thus, is the largest source of polluting greenhouse gas emissions. Increased levels of greenhouse gas emissions are responsible for climate change and air pollution. Therefore, increased usage of air conditioners is one of the causes of air pollution and is a threat to public health.(( National Research Development Corporation, accessed at: https://www.nrdc.org/experts/vijay-limaye/ac-cools-us-warmer-world-dirties-air-harms-health.))

However, a case cannot be filed against any single individual for such an act, as no one person is solely responsible for the increased demand of energy or air pollution. It is a result of increased use of air conditioners as a community which leads to these harmful effects of air pollution.

Vehicular Pollution

Emissions from vehicles are the source of 60-70% of overall air pollution. The Government is trying to control such emissions through measures like stricter mass emission standards and protocols, phasing out of old vehicles,(( Report of Working Group on Environment and Environmental Regulatory Mechanisms, NITI AAYOG, accessed at: https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf.)) increased awareness about vehicle maintenance and lane discipline, revised fuel efficiency norms like use of alternative fuel programmes and blending of biofuels, promotion of electric or hybrid vehicles and increased use of public transport like metros, e-rickshaws.(( Reference Note, Vehicular Pollution in India, Lok Sabha, accessed at: https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf.))

Effects of Air Pollution

Climate Change 

Air pollution is both the cause as well as an effect of climate change. The emissions of carbon dioxide and methane raise the earth’s temperature. Consequently, increased heat leads to smog (smoke and fog) and increased UV radiation.(( Air Pollution, National Research Development Corporation, accessed at: https://www.nrdc.org/stories/air-pollution-everything-you-need-know#sec1.))

Health Impacts 

Air pollution is extremely concerning due to its life-threatening health impacts. However, the impact of air pollution is not limited to health but extends to agriculture and the general well-being of human, plant and animal life. Other effects of air pollution can be irritation of the eyes and throat, damage to the lungs and can trigger allergies and asthma attacks.(( National Clean Air Programme, Ministry of Environment, Forest and Climate Change, accessed at http://moef.gov.in/wp-content/uploads/2019/05/NCAP_Report.pdf.)) Long term exposure to polluted air may also cause skin problems, harm to liver and reproductive organs. Presence of hazardous chemicals, like lead and mercury, in the air can damage children’s brain function.(( Air Pollution, National Research Development Corporation, accessed at: https://www.nrdc.org/stories/air-pollution-everything-you-need-know#sec1.)) Patients with lung or heart ailments are more vulnerable to the effects of air pollution.

 

 

Effects of Noise Pollution

Noise can disturb our work, rest, sleep, and communication. It can damage our hearing and evoke other psychological, and possibly pathological reactions. Given below are some of the adverse health effects of noise pollution:((Noise Pollution (V), In re, (2005) 5 SCC 733. ))

Hearing Loss

Hearing loss can be either temporary or permanent.

  • Noise-induced temporary threshold shift (NITTS) is a temporary loss of hearing experienced after a relatively short exposure to excessive noise.

  • Noise-induced permanent threshold shift (NIPTS) is an irreversible loss of hearing that is caused by prolonged noise exposure. NIPTS occurs typically at high frequencies, usually with a maximum hearing loss which occurs around 4000 Hertz.

Both these losses may occur along with presbycusis, which is a permanent hearing impairment that happens with our natural aging process.

Interference with Communication

Noise interferes with speech communication. If both noise and speech are simultaneous, then one of the two sounds makes the other one inaudible. An important aspect of communication interference happens in:

  • Occupational situations where the failure of workers to hear warning signals or shouts may lead to injury.

  • In offices, schools and homes where noise is a major source of annoyance.

Disturbance of Sleep

Noise intrusion can cause difficulty in falling asleep and can awaken people who are asleep, especially young infants, older people, etc.

Annoyance

Noise annoyance may be defined as a feeling of displeasure evoked by noise. The annoyance-inducing capacity of a noise may happen over time also. For example, if the loudspeaker plays near your house for more than 1 month, then over time you may be annoyed. However, reactions to noise differ person to person depending on many factors, such as sensitivity to noise, etc. For example, you may be able to tolerate noise from a speaker near your house but your grandparents may be more sensitive to noise.

Effect on Performance

Noise can change the state of alertness of an individual and may increase or decrease efficiency. For example mental activities involving vigilance, information-gathering and analysis may be affected by noise.

Physiological Effects

Noise has an explicit effect on the blood vessels, especially the smaller ones known as pre-capillaries. Overall, noise makes these blood vessels narrower. Noise causes the peripheral blood vessels in the toes, fingers, skin and abdominal organs to constrict, thereby decreasing the amount of blood normally supplied to these areas. Blood vessels which feed the brain, dilate in the presence of noise. This is the reason why headaches result from listening to persistent high noise. Some health problems which may occur include:

  • Galvanic skin response. In other words, changes in the body originating from sweat glands in the skin that reflect the intensity of an emotional state.
  • Increased activity related to ulcer formation. Prolonged chronic noise can also produce stomach ulcers as it may reduce the flow of gastric juice and change its acidity.
  • Changes in intestinal motility which is the movements of the digestive system, and the contents within it.
  • Changes in skeletal muscle tension. In other words, the force generated by the contraction of muscles changes.
  • Subjective response irritability perception of loudness
  • Increased sugar, cholesterol and adrenaline
  • Changes in heart rate
  • Increased blood pressure
  • Vasoconstriction. In other words, the constriction of blood vessels which increases blood pressure.

Noise not only causes harmful consequences to health while being awake. It also effects when the body is asleep or unaware.((Noise Pollution (V), In re, (2005) 5 SCC 733; Noise Effects Handbook: A Desk Reference to Health and Welfare Effects of Noise, by Office of the Scientific Assistant, Office of Noise Abatement and Control, US Environmental Protection Agency, October 1979. ))

Stress

Noise may cause stress in any number of ways, including headaches, irritability, insomnia, digestive disorders, and psychological disorders. For example, frequent exposure to excessive noise cause tiredness.

Effect on Unborn Babies and Children

The foetus is not fully protected from noise. Noise may threaten foetal development, like affecting the birth weight. Levels of noise which do not affect adults may interfere significantly with children as they are more sensitive. Reading ability, speech, language, and language-related skills of children may be affected due to noise pollution.

What is the responsibility of industries to prevent water pollution?

The Central Pollution Control Board and the State Pollution Control Boards fix industry specific standards on water pollution. An industry or business establishment has to take prior permission of the Pollution Control Board of their State to set up any plant or begin operations that can discharge sewage or trade effluent into a stream, well, sewer or on land. It is mandatory to report any modifications like use of any new or modified outlets for the discharge of sewage or making a new discharge of sewage, to the Board((  Section 25, The Water (Prevention and Control of Pollution) Act, 1974.)).   Industries must cooperate with the Board for any inspection and adhere to the conditions imposed relating to any discharge outlet and standards on emissions of effluents that can be causes of water pollution.

Who are the authorities under the air pollution laws?

The Central Pollution Control Board(( Section 16, Air (Prevention and Control of Pollution) Act, 1981.)) and the State Pollution Control Boards(( Section 17, Air (Prevention and Control of Pollution) Act, 1981.)) have been set up under the law to monitor air pollution in India. They have the following powers and functions:

  • Advise the Central and State governments on all matters relating to the prevention, control and reduction of air pollution.  
  • Planning and executing the programmes for the control of air pollution.
  • Prescribing the standards of air quality/AQI.
  • Giving permission to industrial plants to operate in a State.  No industrial plant can be set up or operated without prior permission of that State’s Pollution Control Board.(( Section 21, Air (Prevention and Control of Pollution) Act, 1981.))

Appellate Authorities

The state governments form Appellate Authorities to handle disputes relating to the environment and pollution. For example, in the state of Karnataka, a three member Karnataka State Appellate Authority headed by a retired judge, is the appellate authority.(( Shibani Ghosh, Sharachchandra Lele and Nakul Heble, ‘Appellate Authorities under Pollution Control Laws in India: Powers, Problems and Potential’, 14/1 Law, Environment and Development Journal (2018), available at http://www.lead-journal.org/content/18045.pdf.)) Anyone who wants to appeal against an order of a State Pollution Control Board can go before the appellate authorities,(( Section 31, Air (Prevention and Control of Pollution) Act, 1981.)) not any other civil court.(( Section 46, Air (Prevention and Control of Pollution) Act, 1981.))

A person who wants to appeal against the decisions and orders of the Appellate Authority can go before the National Green Tribunal,(( Section 16(f), National Green Tribunal Act, 2010.)) which has legal authority over all civil cases raising a substantial question relating to the environment, including enforcement of any legal right relating to the environment. 

Pollution Control Committees

The Pollution Control Committees are regulatory bodies, set up by the Central Pollution Control Board. The Board can delegate its powers and functions to these Committees for certain areas. For example, the Delhi Pollution Control Committee  was established in 1991 to perform the functions as that of a State Board for the Union Territory of Delhi.(( Delhi Pollution Control Committee, accessed at:https://www.dpcc.delhigovt.nic.in/about#gsc.tab=0.))

 

Sources of Noise Pollution

Noise pollution is largely a by-product of industrialisation, urbanisation and modern civilisation. Noise pollution has two sources(( Noise Pollution (V), In re, (2005) 5 SCC 733. )) i.e. industrial and non-industrial.

  • The industrial source includes the noise from various industries and big machines working at a very high speed and high noise intensity.

  • Non-industrial source of noise includes the noise created by transport/vehicular traffic and the neighbourhood noise generated by various noise pollutants can also be divided into categories, namely, natural and man-made.

Most leading noise sources are:((Noise Pollution (V), In re, (2005) 5 SCC 733. ))

Road Traffic Noise

Noise from the motors and exhaust systems of large trucks are common sources of noise pollution. For instance, the interaction of tyres with the roadway by trucks, buses, and private autos cause noise pollution. In cities, the main sources of traffic noise are the motors and exhaust systems of autos, smaller trucks, buses, and motorcycles. Read more on noise from vehicles here.

Noise from Aircraft

Aircraft are a major source of noise pollution and the law prescribes noise limits on airports depending on the aircraft movement and the area where the aircraft is situated, i.e industrial area or commercial area.

Noise from Railroads

The noise from locomotive engines, horns and whistles, and switching and shunting operations in rail yards are sources of noise pollution. For example, rail car retarders which is a device that reduces the speed of a freight unit or a railway coach, can produce a high-frequency that can reach peak levels of 120 dB at a distance of 100 feet.

Construction Noise

The noise from the construction of highways, city streets, and buildings is a major contributor to the noise and air pollution in cities. For example, construction noise sources include:

  • Air Hammers

  • Air compressors

  • Bulldozers

  • Loaders and

  • Dump trucks

Noise from Industrial Activity

Fans, motors, and compressors mounted on the outside of industrial buildings may disturb people living near noisy manufacturing plants. Above all, noise from machines and industries have a significant impact on industrial workers, among whom noise-induced hearing loss is unfortunately common.

Noise in Buildings

Internal building noise from plumbing, boilers, generators, air conditioners, and fans, can be audible and annoying. Improperly insulated walls and ceilings can reveal the sound of amplified music, voices, footfalls, and noisy activities from neighbours. External noise from emergency vehicles, traffic, refuse collection, and other city noises can be a problem for urban residents. Especially when the windows are open.

Noise from Consumer Products

Certain household equipment, for instance, vacuum cleaners and some kitchen appliances are common sources of noise noisemakers, although their contribution to the daily noise levels is usually not very large.

Fireworks

Indian festivals like Diwali, marriages, etc. use fireworks during celebrations.

However, bursting firecrackers is a health hazard since it is responsible for both air pollution and noise pollution. The noise created is hazardous, can lead sometimes to non-recoverable hearing loss.

What are the offences under this law?

Crime  Law Punishment 
Prohibition on use of stream or well for disposing polluting matter Intentionally polluting or allowing the entry of poisonous, harmful, contaminating material into any stream, sewer or land(( Section 24(1)(a), The Water (Prevention and Control of Pollution) Act, 1974)) Or Allowing the introduction of any matter that might obstruct the flow of the water or stream, which can make pollution worse as a cause or of its consequences((  Section 24(1)(b), The Water (Prevention and Control of Pollution) Act, 1974.)) is prohibited.
Except if the State Government (after consultation with the State Board) has excused any persons from meeting these conditions. (( Section 24(3),The Water (Prevention and Control of Pollution) Act, 1974.)) 		 The punishment is jail time for one and half years up to six years, with fine. (( Section 43, The Water (Prevention and Control of Pollution) Act, 1974.))
Failure to comply with the directions of the State Board When a person or industry fails to follow the directions that the the State Boards have given about: the flow of volume of discharge into the water stream and provide the information required(( Section 20(2), The Water (Prevention and Control of Pollution) Act, 1974.)) the installation, construction or operation of a disposal system for any establishment for preventing and controlling water pollution (( Section 20(3), The Water (Prevention and Control of Pollution) Act, 1974.)) The punishment is jail time for three months and fine upto Rs. 10,000, which if the failure to comply continues, attracts an additional fine of Rs. 5,000 per day.  (( Section 41(1), The Water (Prevention and Control of Pollution) Act, 1974.))
Failure to follow the any order of the Board with respect to emergency measure or a direction of the Courts 

Other Acts

 Failure to abide by any order of the State Board for immediately restraining or forbidding a person from discharging poisonous, harmful or contaminating matter into a stream or well or land or making it unclean for use(( Section 32(1)(c),The Water (Prevention and Control of Pollution) Act, 1974.))
Failure to follow an order of the Court for restraining polluting activities(( Section 33(2), The Water (Prevention and Control of Pollution) Act, 1974))
Failure to follow any direction made by the Central Government about water pollution(( Section 33A, The Water (Prevention and Control of Pollution) Act, 19))
If the failure to follow the above-mentioned orders and direction continues for more than one year, after the date of initial conviction. (( Section 41(3), The Water (Prevention and Control of Pollution) Act, 1974.))
If a person-destroys, pulls down, removes, injures, demolishes any pillar, post or pole, that is fixed in the ground or any notice is placed upon it or any matter is inscribed on it or placed by it or is under the authority of the Board. or Obstructs any other person, who is performing the orders or directions of the Board, from exercising their functions under law. Damaging any property belonging to the Board. Fails to provide information required to any officer of the Board Fails to inform the Board or other agencies of any accident or incident which results in discharge of excess effluents into the water bodies. Fails to provide information required of them for the purposes of reducing and preventing water pollution or intentionally making false statements. Makes false statements about the discharge outlets and standards of effluents, to get the consent of the Board . (( Section 42, The Water (Prevention and Control of Pollution) Act, 1974.))		 The punishment is jail time for one year and six months, which might extend to six years with fine. An additional fine of Rs. 5000 per day, can also be levied if the failure to comply continues. ((  Section 41(2), The Water (Prevention and Control of Pollution) Act, 1974.))

The punishment is jail time for two to seven years, with fine. ((  Section 41(3), The Water (Prevention and Control of Pollution) Act, 1974.))

The punishment is jail time upto six months with a fine of Rs. 10,000.(( Section 42, The Water (Prevention and Control of Pollution) Act, 1974.))
Operation or establishment of an industry without the consent of the Board If an industry or its operations or any treatment or disposal plant is established without the prior permission of the State Board((  Section 25, The Water (Prevention and Control of Pollution) Act, 1974.)), Or Any industry or process discharges sewage or effluents into the water stream or well or sewer or land, in excess of the standards laid down by the State Board and without the Board’s consent. (( Section 26, The Water (Prevention and Control of Pollution) Act, 1974.)) The punishment is jail time of two to six years with fine(( Section 44,The Water (Prevention and Control of Pollution) Act, 1974.)). Furthermore, a higher water cess can be levied. (( Schedule II, The Water (Prevention & Control of Pollution) Cess Act, 1977.))

The punishment is jail time for one year and six months up to six years with fine.(( Section 45, The Water (Prevention and Control of Pollution) Act, 1974.))
If a person is found guilty under this provision, more than once, then there would be stronger punishment for the second and every subsequent conviction.(( Section 45, The Water (Prevention and Control of Pollution) Act, 1974.))
Acts for which no punishment has been laid down by law Any other polluting acts or acts that contaminate water bodies or acts which restrict the prevention and control of water pollution or affect water purity The punishment is jail time upto three months with a fine of Rs. 10000. On Continued contravention of law, an additional fine of Rs. 5000 will also be levied. (( Section 45A,The Water (Prevention and Control of Pollution) Act, 1974))
Environmental pollution: pollution of air, water or land Violation of any provision of the Environmental Protection Act, 1986 i.e pollution of air, water or land or any harm to the environment. The punishment is jail time upto 5 years and a fine that may extend to one lakh rupees. Continued failure to comply with the law will lead to an additional fine of Rs. 5000 for every day of non-compliance.(( Section 15, Environmental Protection Act, 1986.))
Contaminating public spring or water reservoir If a person intentionally and voluntarily, contaminates or pollutes the water of a public spring or reservoir, in order to make it unfit for use or consumption (( Section 277, Indian Penal Code 1860.)))) The punishment is jail time upto three months and fine upto Rs. 500 or both. (( Section 277, Indian Penal Code 1860.))
Releasing of harmful pollutants  into the environment Releasing harmful pollutants into the environment forms is inclusive of water pollution and forms part of the offence of public nuisance(( Ratlam Municipality v. Vardhi Chandra, 1980 AIR 1622.)) The  punishment is a  fine of Rs. 500.(( Section 290, Indian Penal code, 1860.))
Engaging in activities that are harmful to the health and physical comfort of the community  Operating industries and other processes that pollute water bodies and groundwater, and which  cause harmful health issues as well as discomfort to the people. This includes any conduct of any such trade or business that is harmful and causes imminent danger to the health of the people and threatens their physical discomfort.(( Section 133, Code of Criminal Procedure, 1973.)) An order under Section 133 Code of Criminal Procedure, 1973 for removal of nuisance can be passed by the Magistrate to stop such activities

What is the National Air Quality Monitoring Programme?

The Central Pollution Control Board established the National Air Quality Monitoring Programme (NAMP) to track air quality across 29 states and 6 union territories. The aim of NAMP is to:(( Central Pollution Control Board, available at  https://cpcb.nic.in/about-namp/.))

  • Determine the status and trends of ambient air quality.
  • Determine whether the prescribed ambient air quality standards are being violated.
  • Identify cities that do not meet the National Ambient Air Quality Standards (NAAQS) over a 5-year period consistently and designate them as non-attainment cities.
  • Gather knowledge and proper understanding for developing preventive and corrective measures.
  • Understand the natural cleaning process taking place in the environment through pollution dilution, dispersion, wind-based movement, dry deposition, precipitation and chemical transformation of pollutants.

 

The NAMP monitors the four major pollutants as part of the AQI – sulphur dioxide, oxides of nitrogen, respirable particulate matter and fine particulate matter. It also checks wind speed and direction along with relative humidity and temperature.

The NAMP is a result of the joint efforts of the Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees and National Environmental Engineering Research Institute (NEERI), Nagpur.

 

Silent Zone

An area comprising not less than 100 meters around hospitals, educational institutions and courts are known as silence areas or silence zones.  In a silent zone you cannot:

  • Play any music
  • Use a public address system
  • Raise any sound amplifiers
  • Beat a drum or tom-tom
  • Blow a musical or pressure horn, or trumpet or
  • Play sounds on any instrument, or
  • Exhibit any mimetic, musical or other performances to attract crowds.

 

Noise at Night 

In silent zones and residential areas you cannot cause noise pollution at night time (between 10.00pm and 6.00am) by:

  • Using the horn except during a public emergency.
  • Burst fire crackers which cause a lot of sound
  • Operate sound emitting construction equipment

 

If you see any of these happening and you can file a complaint with the police and other authorities who will take action to prevent the noise.

 

Punishment for Noise Pollution

Anyone who causes noise pollution in silent zones will be punished with jail time and a fine.

Who are the authorities regulating water pollution under the law?

The main authorities for the purposes of regulating water pollution are:

i.                 The Central Pollution Control Board: It was constituted under law to prevent, control and abate water pollution((  Section 3,The Water (Prevention and Control of Pollution) Act, 1974.)). It is responsible for organising programmes at the ground level and provides technical services to the Ministry of Environment and Forests. Its primary purpose is to promote the cleanliness of streams and wells by preventing, controlling and abating water pollution.(( Central Pollution Control Board, accessed at:https://cpcb.nic.in/.)) It resolves disputes among the State Boards and provides technical assistance to them. The Board also performs an advisory role to the Central Government on matters concerning the environment.

ii.                The State Pollution Control Board or Pollution Control Committees for States and Union Territories are constituted(( Section 4,The Water (Prevention and Control of Pollution) Act, 1974.)) to set the standards of effluents for industries and for determining whether something is ‘poisonous, noxious or polluting’ or ‘any other’ matter. The State Boards give permission for the setting up of industries and advise the State government with respect to the locations where industries are likely to cause water pollution.

iii.              Municipal Corporations or local authorities are concerned with the disposal of sewage and dumping of waste material.

Who can you complain to about a grievance under air pollution law?

Police

Anyone can file a complaint at the nearest police station and can even register an FIR (First Information Report) for public nuisance(( Section 268, Indian Penal Code, 1860.)) against the establishment, industry or person responsible for air pollution. 

 

Central and State Pollution Control Boards

CPCB stands for the Central Pollution Control Board. It is a body constituted under the law to prevent and control water and air pollution in India. It also provides technical services to the Ministry of Environment and Forests and runs the air and water quality monitoring programme to help regulate and decrease the level of pollution.(( Central Pollution Control Board, accessed at: https://cpcb.nic.in/Introduction/.)) It has a complaint portal on its website to report air pollution in Delhi NCR.

An aggrieved person can approach the State Pollution Control Board office in their state or visit the website to file a complaint for air pollution. The State Pollution Control Boards have the power to:

  • Approach a court for restraining any person who is likely to cause air pollution.(( Section 22A(1), Air (Prevention and Control of Pollution) Act, 1981.))
  • Obtain information about emissions from industrial plants, enter and inspect premises, take samples of emissions and send for analysis.(( Section 24-26,Air (Prevention and Control of Pollution) Act, 1981.)) 
  • Direct the closure of such polluting establishments or cut off or regulate its water or power supply. 

Courts

District Magistrate

Anyone can approach the Magistrate to file a civil suit for remedy against public nuisance with the help of a lawyer. The Magistrate also has the power to  issue a notice under Sec. 133 CrPC(( Section 133, Code of Criminal Procedure, 1973.)) (order for removal of nuisance) to stop the polluting activities.

National Green Tribunal

Complaints can be registered at the official website of the National Green Tribunal. (NGT). The complaint can be filed as an individual, advocate, a representative of a law firm or NGO or as a representative of the Government of India.

When the proceedings are initiated, the NGT can provide relief and compensation as well as order return and restoration of property damaged and the environment of the area.(( Section 15, The National Green Tribunal Act, 2010.))  The NGT orders compensation for instances of death, disability, injury or sickness, loss of wages and medical expenses(( Schedule II, The National Green Tribunal Act, 2010.)) to the person responsible for causing the damage to the environment.(( Section 17, The National Green Tribunal Act, 2010.))

The Tribunal also has the power to grant:

  • Interim orders or a stay 
  • Orders requiring a person to cease and desist.