This article is written by Kavya Lakshmi, an intern at Legal Vidhiya.
INTRODUCTION:
The world is surrounded by air, water, fire, land, etc., which are the basic elements for human beings to live on. It is also surrounded by other factors such as physical, biological, geographical, chemical, and ecological that affect human life. The elements surrounding the earth and its existence may be termed an environment.
The term environment is formulated from the French word “environner,” which means surround. Therefore, everything that surrounds the earth is called the environment. The term environment was introduced by the biologist Jacob Van Uerkal (1864-1944) in Ecology.
Definitions of environment:
According to the Environment Protection Act 1986, environment is the sum total of land, water, and air, and the interrelationships that exists among and between water, air, land, and also human beings, other living organisms, plants, microorganisms, and property.
Thus, the above definition clearly includes all the biological and physical surroundings and their interactions.
According to Dr. T.N. Kshoshoo, the environment is defined as “the sum of total of all conditions and influences that affect the development and life of all organs.
In order to understand the environment, it is necessary to know about ecology and ecosystems.
Ecology is derived from Greek word means connected to the environment. It is a branch of biology. It can be defined as the study of ecosystems, how they are organized, and their relationship between living organisms and their living and non-living surroundings.
Ecosystem: According to the United States Council on environmental quality the interdependence of living and non-living parts I.e., humans, animals, plants, forests, lakes, etc., makes ecosystem.
It is important to understand the environment through Ecology and ecosystems because environment refers to all the factors that surround and influence living organisms, whereas ecology is the study of the interaction between organisms and their environment. By understanding these interactions, we can better understand how ecosystems function.
All the components of the environment are divided into two categories
Biotic environment
Abiotic environment
- Biotic environment: TheBiotic environment encompasses of all living organisms such as animals, birds, forests, insects, bacteria, and microorganisms like algae, fungi, etc.
- Abiotic environment: Abiotic environment encompasses all non-living components such as mountains, land, rivers, temperature, humidity, cloud, etc., and oxygen, carbon dioxide, etc., are also called as inorganic compounds while carbohydrates, proteins, lipids, etc., are called organic compounds.
ENVIRONMENTAL STUDIES:
Definition: Environmental studies is a study that focuses on the issues related to the environment. It can be defined as the branch of the study concerned with environmental issues.
- Environmental studies are a multidisciplinary study that focuses on examining human interactions with the environment in order to address complex issues. It combines principles from the physical sciences, economics, and social sciences to tackle current environmental challenges. Its systematic approach aims to find solutions to environmental problems that are beneficial to society and the planet.
- Environmental studies include all aspects that impact organisms and their environment. It is an applied science that makes an effort to find practical solutions for achieving the sustainability of human civilization within the limits of the earth’s finite resources.
- Its components encompass physics, chemistry, biology, geology, engineering, health, sociology, statistics, economics, computers, and philosophy.
Scope of environmental studies:
The four segments of the earth, that make up the environment are the atmosphere, hydrosphere, lithosphere, and biosphere.
- Atmosphere: The atmosphere creates a unique protective layer, around 100 km thick, enclosing the Earth. This blanket of gases protects the Earth’s surface from the harmful ultraviolet rays of the sun and sustains life. Additionally, it plays a crucial role in regulating the planet’s temperature and preventing it from getting too hot or too cold. The atmosphere also safeguards the Earth from the harsh conditions of outer space. The composition of the atmosphere includes nitrogen and oxygen, along with argon, carbon dioxide, and trace gases.
- HYDROSPHERE: The hydrosphere comprises all types of water resources, including the water on the surface of the earth, the water in the air, and the water under the surface of the earth, I.e., oceans, seas, lakes, rivers, streams, reservoirs, polar icecaps, glaciers, and groundwater. Of 100% of the earth’s water supply, 97% is in the oceans, 2% is locked on in polar icecaps and glaciers, and the remaining 1% is fresh surface water which is used for human consumption and other purposes.
- Lithosphere: The uppermost part of the earth’s crust, which includes soils and their particles like rocks, metals, etc., is known as lithosphere.
- Biosphere: The biosphere indicates the domain of living organisms and their connection with the environment, viz., atmosphere, hydrosphere, and lithosphere.
Environmental study is necessary for human beings, and it is a broad field that encompasses a wide range of topics related to the natural environment and the impact of human activities on it. The key areas to focus on in this study are
- Conservation of natural resources: Natural resources (i.e., air, water, soil, sunlight, etc.) are the sources for human beings from the earth without which human beings cannot survive. Conservation means to protect and take care of. In today’s world, human activities have caused an irreparable damage to the environment. Without these natural resources, human life is nothing on this earth. Hence, it is important to protect or conserve the natural resources in such a way that they meet the needs of our present and future.
- Ecological aspects: This involves the study of the physical and biological components of ecosystems and how they interact with each other. Ecological aspects include the study of ecosystems, biodiversities and the impact of human activities on the natural environment. Ecological aspects are a critical component of environmental studies, informing efforts to manage and conserve ecosystems for future generations.
- Pollution of natural resources: This includes study of various pollution of natural resources like water pollution, air pollution, and soil pollution. The aim is to understand the source of pollution and its effects on the environment and human health.
- Control of pollution: This involves developing strategies and policies to reduce and control pollution. This includes measures such as pollution prevention, waste reduction, and the use of cleaner technologies.
One of the goals of environmental studies is to create awareness among people about the natural resources of a region and their sustainable use which includes both renewable and non-renewable resources. The scopes are summarised below
- Environmental studies offer insight into ecological systems and the relationships between cause and effect
- It provides essential information on the richness of biodiversity and the potential threats to plant, animal, and microorganism species in the environment.
- It helps individuals to understand the cause and effects of the natural and human made disasters like floods, earthquakes, cyclones, pollution, etc., and the measures that must be taken to protect the environment from those disasters.
- By studying the environment people can gain knowledge on environmental acts, rights, rules and regulations and become environmentally literate. This enables them to take steps towards the protection and improvement of earth.
- Environmental studies enable people to put theoretical knowledge into practise.
- It brings to the light societal issues like overpopulation, hygiene, health, and their adverse impacts.
- Developing skills for active identification and development of solutions to environmental problems.
Importance of environmental studies:
According to National Education Policy 1986, “it is a basic need to develop consciousness regarding the environment in children, youth, older people and in all citizens, and every field.” Environment studies enlighten us, about the importance of protecting and conserving our indiscriminate release of pollution into the environment. Some important features that make environmental studies significant are as follows:
- Environmental studies provide basic knowledge of the environment to all individuals and help in understanding present environmental projects.
- It helps us to know a more sustainable way of living and provides the necessary skills to solve environmental problems.
- It helps us to use natural resources more efficiently.
- The significance of environmental concerns such as global warming, ozone depletion, acid rain, marine pollution, and biodiversity are widely acknowledged as not limited to specific countries but rather having global implications. Therefore, addressing these issues necessitates international collaboration and collective efforts.
- With the increase in population, there is an increase in the use of natural resources including land. With this, the soil health problems like soil salinity, deficiency in micronutrients, etc., have been recognized by agricultural experts. So, it is important to study the land environment of nature.
Laws relating to the environment:
Indian constitution provides provisions for the protection and improvement of the environment.
- Article 48-A states that “the state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife.
- Article 51-A states that it shall be the Duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.
- Article 21 Right to life and personal liberty. In Maneka Gandhi vs Union of India (AIR 1978 SC 597) the court held that Art. 21 guarantees right to be live in property and infection free environment.
The Environment Protection act 1986. This act aims to implement the recommendations of Stockholm declaration on the protection and improvement of environment.
- Section 3 clause one of this act empowers the central government to take all such necessary measure for predicting an improving the quality of an environment and preventing controlling and abating environmental pollution.
- Section 11 empowers the central government or the authorised officer to take or collect samples of air water soil or other substances for analysis.
The Water (Prevention and Control of Pollution) Act, 1974 (the water act).
- The main purpose of this act is to prevent and control the pollution of water to maintain and restore the wholesomeness of water and to establish boards for the prevention and control of water pollution.
- The main function of the central board shall be to promote the cleanliness of streams and wells in the state and advise the central government on any matter of provision and control of water pollution.
The Air (Prevention and Control of Pollution) Act, 1981 (the air act)
- The main object of the act is to preserve the quality of air and to control air pollution.
- The functions of the board are to plan programs for prevention, advise the government and collect and disseminate information relating to air pollution.
- It also inspects air pollution control areas and takes steps for prevention, control, or abatement of air pollution in such areas.
The Forest (conservation) Act, 1980. It is introduced with the object to provide for the conservation of forests and matters connected therewith.
- Section 2 of this act-imposed restrictions on the use of forest land for non-forest purposes.
- Section 4 provides that whoever contravenes any provision of section 2 shall be punishable with imprisonment or a fine.
Wild Life (protection) Act, 1972. The main purpose is to check deforestation and protect animals, birds, etc., which are part of the environment. It empowers the government to declare certain areas as sanctuaries or national parks.
Case laws:
Indian Council for Enviro-Legal Action v. Union of India (1996)
In this case PIL was filed by the Indian Council for Enviro-Legal Action (ICELA) and other organizations, which alleged that mining activities in the Sariska Wildlife Sanctuary in Rajasthan were causing environmental damage.
The Supreme Court held that the government had a duty to protect the environment and that citizens had a right to a clean environment. And also issued directions to protect the environment and promote sustainable development.
On April 11th, 1997, the respondent industries were directed to pay a total sum of INR 37,385,000, along with a compounded interest rate of 12% per annum until the amount was fully paid or compensated. Furthermore, the respondent industries were also ordered to bear the legal expenses, as the case had dragged on for almost fifteen years after the court’s final ruling, causing the applicants to suffer immensely. Considering all the facts and findings, the court imposed a cost of INR 10,00,000 on the respondent industries. This amount would be utilized, as per the court’s directives, to undertake remedial measures. The court upheld the polluter pays principle, which states that individuals engaging in harmful activities must compensate for the damage caused.
M.C. Mehta v. Union of India- Ganga Pollution
A writ petition was filed to prevent tanneries from disposing of industrial waste and effluents in ganga river. The court highlighted the provisions of Indian constitution Article 48 A, article 51A and also stated the importance of the Water Act.
The court ruled that tanneries that cannot establish a primary treatment plant should not be allowed to operate, just as an industry that cannot pay minimum wages to its workers cannot be permitted to exist. Therefore, the court directed the tanneries to set up primary treatment plants, and if not possible, then at least secondary treatment plants.
Vehicular pollution case
A PIL was filed in the Supreme Court of India in 1985 by M. C. Mehta. It was filed on vehicular pollution in response to the alarming levels of air pollution in Delhi, which was primarily caused by vehicular emissions. The PIL sought the implementation of stricter emissions norms for vehicles, as well as the phasing out of old and polluting vehicles from the roads.
In 1991, the court directed all public transport vehicles in Delhi to switch to compressed natural gas (CNG) as a cleaner alternative to diesel. And directed to implement stricter emissions norms for vehicles.
CONCLUSION:
In conclusion, environmental studies are a critical and interdisciplinary field of study that explores the complex interactions between humans and the environment. Environmental studies are important because it helps us understand how human activities impact the natural world and provides us with the knowledge and tools to make more sustainable choices. As such, environmental studies are a field of study that is of great importance to the present and future well-being of our planet and its inhabitants.
References:
http://ecoursesonline.iasri.res.in/mod/page/view.php?id=128611
http://www.jnkvv.org/PDF/08042020215128Amit1.pdf
http://eagri.org/eagri50/ENVS302/pdf/lec01.pdf
Study book on environmental law
https://legaldesire.com/15-landmark-judgments-on-environmental-protection/
0 Comments