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Delhi State Legal Services Authority Emphasis on Environmental Laws

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1 Delhi State Legal Services Authority Emphasis on Environmental Laws
Summer Internship 2016 Emphasis on Environmental Laws (Soil & Wildlife) Group VI

2 Actual Video Will be placed here. Currently it is too big to be attached. Video is common to Wildlife and Soil. Copyright ©

3 Environmental Law (Soil)
‘Earth provides enough to satisfy every man’s needs, but not every man’s greed.’ – Mahatma Gandhi

4 Did You Know ? 6.2 Crore tonnes of garbage is generated everyday by the 37.7 Crore people living in urban India, now the world’s third-largest garbage generator only behind China and USA. Out of the total municipal waste collected, on an average 94% is dumped on land and 5% is composted. - The Spending & Policy Research Foundation Uttar Pradesh followed by Maharashtra and Tamil Nadu are the biggest generators of Waste in India. More than 4.5 Crore tonnes, or 30 Lakh trucks worth, of garbage is untreated everyday. On a per capita basis, individual middle-class residents in Delhi and other big cities generate nearly 0.8 kg of waste per person per day. -International Solid Waste Association According to a study published in the Science Journal, India is 12th in the list of top 20 countries notorious for disbursing the maximum amount of plastic waste into the high seas from their respective coastlines. India, which has emerged as world's second largest mobile market, is also the fifth largest producer of e-waste , discarding roughly 18.5 lakh metric tonnes of electronic waste each year, according to a joint study by Assocham-KPMG.

5 How Does it Matter To Us? Effect on Health of Humans: Considering how soil is the reason we are able to sustain ourselves, the contamination of it has major consequences on our health. Crops and plants grown on polluted soil absorb much of the pollution and then pass these on to us. Long term exposure to such soil can affect the genetic make-up of the body, causing congenital illnesses and chronic health problems that cannot be cured easily. 2. Effect on Growth of Plants: The ecological balance of any system gets affected due to the widespread contamination of the soil. Most plants are unable to adapt when the chemistry of the soil changes so radically in a short period of time. Fungi and bacteria found in the soil that bind it together begin to decline, which creates an additional problem of soil erosion. The fertility slowly diminishes, making land unsuitable for agriculture and any local vegetation to survive.

6 Decreased Soil Fertility: The toxic chemicals present in the soil can decrease soil fertility and therefore decrease in the soil yield. The contaminated soil is then used to produce fruits and vegetables which lacks quality nutrients. It may contain some poisonous substance to cause serious health problems in people consuming them. Toxic Dust: The emission of toxic and foul gases from landfills pollutes the environment and causes serious effects on health of some people. The unpleasant smell causes inconvenience to other people.

7 What is Soil Pollution ? Soil pollution is when humans introduce harmful objects, chemicals or substances, directly or indirectly into the soil in a way that causes harm to other living things or destroys soil or water ecosystems. Solid Waste These include all the various kinds of rubbish we make at home, school, hospitals, market and workplaces. Things like paper, plastic containers, bottles, cans, food and even used cars and broken electronic goods, broken furniture and hospital waste are all examples of solid waste. Pesticides and Fertilizers Many farming activities engage in the application of fertilizers, pesticides and insecticides for higher crop yield.

8 Chemicals Chemical and nuclear power plants produce waste materials that have to be stored somewhere. Some find their way into landfills and others into less safe storage facilities. Sometimes they also find their way into leaking pipes and gutters. They end up polluting soils and making crops harmful to our health. Deforestation Unfortunately, we have cut down millions of acres of trees for wood, construction, farming and mining purposes, and never planted new trees back. This is a type of land pollution.

9 Causes of Soil Pollution
Agricultural sources: These include waste matter produced by crop, animal manure and farm residues. They also include the chemical left over of all pesticides, fertilizers and insecticides used for agricultural activities. Garbage or waste: These include household or municipal waste such as glass, metal, cloth, plastic, wood, paper, and so on. Some of these can decay and others cannot. Industrial sources: These include paints, chemicals, metals and aluminum, plastics and so on that are produces in the process of manufacturing goods. Sewage Treatment: Wastes that are left over after sewage has been treated, biomass sludge, and settled solids. Some of these are sent directly to landfills whiles other treatment plants burn them to generate electricity. Both end up polluting the environment.

10 Deforestation: This is when trees are cut down for economic purposes, mining, farming and construction. Cutting down trees mean that the land is exposed to direct sunlight and rain, resulting in soil erosions, desertification and land degradation. Chemical And Nuclear Plants: These include chemical waste from chemical industries that are disposed of into landfills. Ashes: The residual matter that remains after solid fuels are burned are known as ashes. Bottom ash is the debris from burnt metal and glass waste. Bottom ash is not bio-degradable. The second type of ash is called fly ash and is known to be very toxic (poisonous). Ashes easily leak into the soil and water tables causing land and water pollution. Oil Refineries: When crude oil is refined into usable petrol, gas or diesel, there are by-products that end up as waste.

11 Source- Ministry of Environment and Forests
There is no specific legislation which deals in regulation of land pollution or which gives it a specific scope and meaning. The combination of the above acts contribute to the control of soil pollution in India.

12 Constitutional Protection
Article 19 (1) (g) of the Indian constitution confers fundamental right on every citizen to practice any profession or to carry on any occupation, trade or business.  This is subject to reasonable restrictions. A citizen cannot carry on business activity, if it is health hazards to the society or general public. Thus safeguards for environment protection are inherent in this. Article 51-A (g), says that “It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.” Article 48-A of the constitution says that “the state shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country”. Right to environment is also a right without which development of individual and realization of his or her full potential shall not be possible. Articles 21, 14 and 19 of this part have been used for environmental protection. Article 47 provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The improvement of public health also includes the protection and improvement of environment without which public health cannot be assured.

13 Environmental Laws and Rules
The Environment (Protection) Act ,1986 The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in For the purpose of protecting and improving the quality of the environment and preventing and abating pollution, standards have been specified under Schedule- I-VI of Environment (Protection) Rules, 1986 for emission of gaseous pollutants and discharge of effluents/waste water from industries. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 The Rules provide that the occupier shall be responsible for the safe and environmentally sound handling of certain substances generated in his establishment. The hazardous waste generated shall be sent to a recycler or reuser or reprocessor registered or authorized or should be disposed off in an authorized disposal facility. Rule 25 of the rules incorporates the polluter pays principles and makes the user liable for all damages caused to the environment as well as the third party due to improper handling and making him liable to financial penalties under rules by pollution control board.

14 Plastic Manufacture Sales and Usage Rules, 1999:
These rules are enacted to prohibit the use of carry bags or containers made of recycled plastics for storing, carrying, dispensing or packaging of foodstuffs. These rules further prescribe conditions for manufacturing of carry bags and containers of plastics. No vendor should use such plastic bags for storing, carrying, dispensing foodstuffs. The Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) Act, 2000 (Delhi Act No. 6 of 2001) prohibits manufacture, sale and usage of recycled plastic bags for food and plastic bags other than degradable plastic bags in the National Capital Territory of Delhi. According to the Delhi Pollution Control Committee, Till June 2015, it had received Rs.27,51,000/- as compensation in plastic bag cases. The Municipal Solid Waste (Management and Handling) Rules, 2000: Municipal Solid Waste includes commercial and residential wastes generated in municipal or notified areas in either solid or semi solid form excluding industrial hazardous waste but excluding treated bio-medical wastes. These rules apply to every municipal authority responsible for collection, segregation, storage, transportation, processing and disposal of municipal waste. Littering and spilling of such waste in the cities, town and in urban areas is prohibited.

15 Landmark Judgments In M.C. Mehta vs. Union of India, AIR 1987 SC 1086 the Supreme Court treated the right to live in pollution free environment as a part of fundamental right to life under Article 21 of the Constitution. In Indian Council for Enviro-Legal Action vs. Union Of India, AIR 1996 SC 1446, an industry in a village of Udaipur deposited a chemical waste sludge which made the soil reddish making it infertile and polluting the ground water. The court ordered for the closure of the industry and directed the industry to pay for the compensation based on the polluter pays principle. In the case of C.Uma Devi vs. Government of Andhra Pradesh, AIR 2001 AP 460,the corporation converted a park into a garbage dumping yard. The court declared the action in contravention to Municipal Solid Waste (management and Handling) Rules The court ordered to bring the park back to normal. In Ajay Constructions v Kakateeya Nagar Co-op Housing Soc. Ltd., AIR 1991 AP 294, the drainage pipe was attached underground to a pipeline meant only for rain water and cattle wash. The court held that this lead to nuisance as it lead to damage to land as well as to water and ordered the municipality to disconnect both. In Ashok Dey v State of WB, 93 CWN 1052D dumping garbage was termed as a nuisance.

16 How to Stop Soil Pollution
Soil erosion can be controlled by a variety of forestry and farm practices. Ex: Planting trees on barren slopes. Contour cultivation and strip cropping may be practiced instead of shifting cultivation Terracing and building diversion channels may be undertaken. Reducing deforestation and substituting chemical manures by animal wastes also helps arrest soil erosion in the long term. Overgrazing must also be tackled. Production of natural fertilizers: Bio-pesticides should be used in place of toxic chemical pesticides. Organic fertilizers should be used in place of synthesized chemical fertilizers. Ex: Organic wastes in animal dung may be used to prepare compost manure instead of throwing them wastefully and polluting the soil. Proper hygienic condition: People should be trained regarding sanitary habits and be given proper information on the ills of defecating in the open. Efforts should be made to prevent open defecation. Ex: Bathrooms should be equipped with quick and effective disposal methods and must be emptied at regular intervals to prevent overflow.

17 Proper dumping of unwanted materials: Excess wastes by man and animals pose a disposal problem. Open dumping is the most commonly practiced technique. Nowadays, controlled tipping is followed for solid waste disposal. For example, un-controlled open dumping of solid waste in Delhi has led to enormous piles of waste leading to not only a risk to health of the residents but to contamination of the ground water of Delhi. Delhi Source- The Indian Express

18 3 R’s (Reuse, Reduce & Recycle)
The 3 R’s are the most simple and effective solution to reduce Soil pollution. Not only do they help in conservation of energy and resources but they also help in landfill diversion thereby reducing soil pollution and increasing the quality of the soil and ground water. In Almitra H Patel v Union Of India, (2000) 8 SCC 19, the Apex court recognizing the importance of the 3 R’s, ordered the scheme of “swachha Bangalore” involving separation of recyclable waste/non-biodegradable waste as well as domestic hazardous waste at source by means of door-to-door collection by municipal workmen. It directed the vehicle used during transportation of such waste to be covered so as to prevent scattering of wastes on the land. It also ordered the Municipality to adopt recycling methods or combination of such technologies so as to minimize burden on landfill in line with the concept of the 3 R’s. REUSE- Before throwing something in the garbage, we should think how it can be reused for the same purpose or it might be used in a different way. When we reuse, we save them from going to the landfill and we save energy and resources that would otherwise go to making new products.

19 REDUCE- Reducing in the most simple sense means producing less waste, consuming less and consciously avoiding use of plastics and other harmful products that harm the environment. Sometimes we purchase items that we don’t really need and at times we readily take the plastic bags given to us by the shopkeepers. Instead we must start using environment-friendly cloth or jute bags. RECYCLE- Approximately 50% of the household waste can be recycled through methods such as composting. Many things we may not use anymore such as clothes or furniture can be donated rather than be thrown away as garbage. When we recycle, we give materials a new life and save it from going to the landfills. Materials like glass, plastic, aluminum and paper can be mass collected, broken or melted to be made into entirely new products. *******************************


21 Did You Know ? Over 100 years ago, there were over 1lakh tigers across Asia whereas today this numbers is below 5000 worldwide. Wildlife is renewable source of a large variety of commercial products life Food, Leathers, Honey, Herbal, Medicine, Timber etc. Scientists and Medical Researchers use wildlife animals as research materials on which trial experiments are performed before there actual application on Human Beings. Project Tiger & Gir Tiger Project have been launched by the government of India to protect the tiger and lion population in country. In Khejadli village located in Jodhpur, Rajastan 363 Bishnoi’s sacrificed their lives in 1731 AD while protecting green Khejri that are considered sacred by the community and the incident was a forebear of the 20th Century Chipko Movement.

22 What is Wildlife? 1. Wildlife in the simplest sense refers to –
Undomesticated animals Plants That grow independently of people in natural conditions. 2. Legal Definition – Section 2(37) of the Wildlife Protection Act, 1972: “Wildlife" includes any animal, bees, butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat.

23 Endangered Species When is a species considered critically endangered? Populations have declined or will decrease, by greater than 80% over the last 10 years or three generations Have a restricted geographical range Small population size of less than 250 individuals and continuing decline at 25% in 3 years or one generation Very small or restricted population of fewer than 50 mature individuals High probability of extinction in the wild.

24 Example of Endangered Species In India
Few Endangered Plants Few Endangered Animals & Birds Black Buck Ganges Dolphin Asiatic Lion Great Indian Bustard Bengal Tiger Milk Wort Bird’s Foot Water Lily Assam Catkin Yew Ebony Tree Gharial Moa

25 Why should we be concerned?
Ecological imbalance and disruption of the food chain Atmospheric and climatic changes due to deforestation, as forest soils are moist and without the trees acting as sun-blocks the soil dries out and forest lands can become barren deserts. Soil erosion Many species have lost their natural habitats due to deforestation. Adversely affected the water cycle causing water pollution which in turn is detrimental to the existence and growth of aquatic animals and plants. Loss of bio-diversity

26 Causes of Wildlife Depletion
Alteration of natural habitat : The habitat may be destroyed by deforestation, drainage, overgrazing, expanding agriculture, urban and suburban development, highway construction, dam building, etc. As a result of destruction of its habitat, the species must either adapt to the changes, move elsewhere or many succumb to predation, starvation or disease and die. Commercial sport and subsistence, hunting : It is only in recent times that man is killing animals on a large scale for economic gains or even for sport. Commercially, animals are hunted for their fur, hides, tusks, antlers and various other body parts. Rhinoceros is hunted for its horns. Gharial and Crocodile are hunted for their skin, which is used for various purposes. Hunting for sport is also a factor in wildlife extinction. Poaching of wildlife for sport and profit is widespread. Introduction of foreign species: The introduction of foreign or alien species into new territories can often lead to ecological and economic disaster. An introduced species’ niche may overlap that of a native species, the newcomer may out-complete the native species, resulting in its extinction. Through, species are often intentionally introduced to improve fishing and hunting, it can lead to problems also.

27 Control of pests and predators :
Natural predators remove the aged, sick and injured members of the prey population. In contrast, human beings generally remove the strongest specimens. Such predation will diminish the genetic vigour of a population. Pollution : Pollution alters the habitat of plants and animals and plays a significant role in extinction. Water pollution is especially harmful to the organisms living in estuaries and coastal zones. Toxic wastes entering the food chain can have devastating effect on their pollution. Insecticides and pesticides can also affect the plants and animals. Other ecological factors : Degree of specialization is an important factor. The more specialized an animal or plant is, the more vulnerable it is to extinction. Location of the organism in the food chain is also important. The higher the animals are in food chain, the more susceptible it becomes. Larger animal are more profitable to hunt and they are easy target s because they are less fearful of human beings. iii) Reproductive range also an important factor. Large organisms tend to produce fewer offspring at widely spaced intervals. Their offspring also tend to reach reproductive age late. iv) Animal’s tolerance of human presence of specific behavioural patterns also play an important role.

28 What is Wildlife Conservation?
Wildlife conservation is a practice in which people attempt to protect endangered plant and animal species, along with their habitats. The goal is to ensure that nature will be around for future generations to enjoy, and to recognize the importance of wildlife and wilderness lands to humans. Wildlife conservationists work all over the world to identify species that are in need of assistance and to protect them. This discipline often involves capturing animals and breeding them in captivity to ensure that the population remains large and diverse while conservationists work to establish territory for the animals so that they can have a safe place in the wild.

29 Statutory Provisions Relating To Wildlife in India
The Government of India has introduced various types of legislation in response to the growing destruction of wildlife and forests. These are - 1. The Wildlife (Protection) Act, 1972 – The Wildlife (Protection) Act (WLPA), 1972 is an important statute that provides a powerful legal framework for: Prohibition of hunting Protection and management of wildlife habitats Establishment of protected areas Regulation and control of trade in parts and products derived from wildlife

30 Wildlife (Protection) Act, 1972
Offences under the Wildlife (Protection) Act, 1972 Offences of hunting, picking, uprooting, etc. of specified plants) Sections – 9, 17A, 2(16) Offences relating to Unauthorized Possession, Transport and Trade Sections – 40, 42, 43, 44, 48, 48A and 49, Chapter V-A Offences relating to Protected Areas/Habitat Destruction Sections – 27,29, 30, 31, 32, 33A, 34, 35(6), 35(7), 35(8), 36A-(2), 36C-(2) and 38V-(2)

31 2. The Indian Forest Act (1927) and Forest Acts of State Governments
Enacted on 21st September, 1927. The Act makes various provisions for such conservation of forests and in the scheme provides for State government to constitute any forest lands or waste lands over which the government has proprietary rights a reserved forest. The Act has 13 chapters and includes 85 sections. The Act facilitates three categories of forests - Reserved forests Village forests Protected forests Reserved forests are the most protected within these categories. FUN FACT

32 4. The Environment (Protection) Act (1986)
The Environment Protection Act is an important legislation that provides for coordination of activities of the various regulatory agencies, creation of authorities with adequate powers for environmental protection, regulation of the discharge of environmental pollutants, handling of hazardous substances, etc. The Act provided an opportunity to extend legal protection to non-forest habitats (‘Ecologically Sensitive Areas’) such as grasslands, wetlands and coastal zones. 3. The Forest Conservation Act (1980) In order to check rapid deforestation due to forestlands being released by state governments for agriculture, industry and other development projects (allowed under the Indian Forest Act) the federal government enacted the Forest Conservation Act in 1980 with an amendment in 1988. This powerful legislation has, to a large extent, curtailed the indiscriminate logging and release of forestland for non-forestry purposes by state governments.

33 Constitutional Imperatives
To protect and improve the environment is a constitutional mandate. The Indian constitution contains specific provisions for environmental protection under the chapters of Directive Principles of the State Policy and Fundamental Duties. These are- Article 48A - (Directive Principles Of State Policy) Declares:- “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”. Article 51 (a)(g) – This article imposes a fundamental duty on the citizens of India to protect and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion for living creatures. Article Art.246 of the Constitution divides the subject areas of legislation between the Union and the States. The Concurrent list (List III) (under which both State and the Union can legislate) includes forests, protection of wildlife, mines and minerals and development not covered in the Union List, population control and factories. From an environmental standpoint, the allocation of legislative authority is an important one – some environmental problem such as sanitation and waste disposal, are best tackled at the local level; others, like water pollution and wildlife protection, are better regulated uniform national laws. Article 21 – Right to life includes a Right to Wholesome Environment.

34 Landmark Judgements Centre for Environmental Law WWF-1 v. Union of India and Others, ((1998) 6 SCC 483) The Supreme Court, in a landmark judgment, called for the establishment of “species best interest standard” for endangered species’ conservation. Stating that the protection of species should be free from profit, the judgment called for a fearless application of conservation plans with what it termed an “eco-centric approach” which would emphasize the species’ survival needs. People for Ethical Treatment of Animals Vs. Union of India, W.P(C) No. No. 2490/2004 In 2006, the Bombay High Court passed an important ruling, wherein any film meant for public viewing, in which an animal is used and/or filmed, has to obtain a certificate from the Animal Welfare Board of India, stating that the provisions of the Performing Animals (Registration) Rules, 2001 have been duly met. This ruling safeguards animals from being exploited or ill-treated during the period of film making, which can extend across several hours. The ruling prevents animals from, among other abuses, being exposed to loud, strange sounds, beaten or kept without food and water.

35 Rajendra Kumar V. Union of India,(AIR 1998 Raj 165)
The petitioner challenged Sec.39 of the Wildlife Protection Act,1972 which imposed a complete ban on import of ivory and articles made from it. It affected his livelihood and freedom of trade and business provided under Article 19(1). He contended that ivory derived from a mammoth was not ivory derived from a scheduled animal, therefore, any article made out of such fossil ivory could not be brought within the purview of the Act. But the Court observed that, Chapter V-A of the Act, was incorporated in accordance with the direction of Convention on International Trade in Endangered Species of Wild Fauna and Flora [CITES]. The object and reasons of the Amendment Act, 1991 made it amply clear that trade in African ivory was proposed to be banned after giving due opportunity to traders to dispose of the existing stocks. So this Section could not be held void. Nair, N.R. and Ors. Vs. Union of India and Ors,(AIR 2000 Ker 340) The Kerala High Court upheld a notification by the Ministry of Environment and Forests stating that bears, monkeys, tigers, panthers and lions shall not be exhibited or trained as performing animals. When the notification was challenged in the Supreme Court, the court declared that animals suffer cruelty as they are abused and caged to make them perform, and therefore, this contravenes the PCA Act, It also dismissed the argument that the petitioners’ right to carry out any trade or business under article 19(g) of the Indian Constitution was violated as those activities that caused pain and suffering to the aforementioned animals would not be allowed.

36 Reporting Wildlife Crime
Wildlife Crime Control Bureau(WCCB)- introduced an android application – can report wildlife crimes from anywhere across country using your phone. File a First information Report (FIR) in the nearest police station. How can we Contribute? Report any suspicious activity as soon as possible to Police and ask to speak to a Wildlife Crime Officer if one is available. Take a note of the date, time and weather conditions. If possible, identify a map reference or ideally a GPS reading of both the incident scene and location from where you witnessed the incident. Note a description of person/s involved including gender, age, height, clothing etc. Write down any vehicle registration numbers, make, model, and color that may be involved. Identify other witnesses and obtain their name and contact details. If possible, video or photograph the scene, or make a rough sketch. Cover up any suspected poisoned baits or victims to prevent any animal / person coming into contact with them. Do report. Even if you are not sure - report the incident. The evidence of wildlife crime is not always obvious.

37 Influence of Wildlife on Human Beings
Wildlife itself is an important character of nature so its conservation is an important obligation for human beings for the sustainability of life on earth. Ecological Balance: Wildlife maintains ecological “Balance of Nature” and maintain food chain and natural cycle. To Sustain Life: Many Wildlife plants provide useful substances life Timber, Paper, Gums etc, they also have wide applications in medicine. Entertainment: Hunting and fishing are most visible kinds of entertainment that depend directly on wildlife population, also includes Birds Watching, Photography etc. Daily Need: Wildlife is the source of livelihood and subsistence. Due to existence of wildlife on earth humans get benefit to sustain life. Aesthetical Value: Aesthetical value is enjoying of wildlife’s Beauty and Pleasure. Wildlife Enhances the beauty of environment.


39 Thank You ! Group VI Amandeep Amit Rathi Damanjit Kaur Devesh Verma
Divya Asija Ishika Mishra Kanwar Nau Nihal Singh Manikya Taneja Sunil Bishnoi Tulika Bhaduri Varun Singh Thapa

40 Bibliography

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