[ENVIRONENTAL LAW]

Dr. Shakuntala Misra National

Rehabilitation
University,Lucknow

ENVIRONMENTAL LAW, PROJECT ON

PROVISION & ENVIRONMENTAL FACTORS

(UNDER THE SUPERVISION OF DR. GULAB

RAI)

SUBMITED TO:
SUBMITED BY:
Dr. Gulab Rai
Deeksha Singh Faculty of Law, DSMNRU
B.Com.LL.B(Hons*)

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Lucknow
*4TH Semester

ACKNOWLEDGEMENT

The completion of this undertaking could not have been possible without the participation and
assistance of so many people whose names may not all the be enumerated. Their contribution are
sincerely appreciated and gratefully acknowledged. However, I would like to express my deep
appreciation and indebtedness particularly to the following:
Dr. Gulab Rai for her endless support, kind and understanding spirit during making of this
assignment.
To all relatives, friends and others who in one way or another shared their support, either
morally, financially and physically, thank you.
Above all, to the Great Almighty, the author of knowledge and wisdom, for his countless love.

I thank you all.

Deeksha Singh
2nd year Student
B.Com. LL.B(Hons.)

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TABLE OF CONTENTS
1. INTRODUCTION
2. AIR POLLUTION

Gaseous pollutants
Greenhouse Effect
Acid Rain
Climatic Effect
Ozone depletion

3. EFFECT OF AIR POLLUTION

Effect on Health
Environmental Effects
Effects on wildlife
Crop and forest damage
Global climate change.

4. CAUSES OF AIR POLLUTION

5. CONSTITUTIONAL PROVISIONS
.

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INTRODUCTION
Pollution is a negative change in the environment, usually the addition of something hazardous or
detrimental. Pollution is the process of making land, water, air or other parts of the environment dirty and
unsafe or unsuitable to use. This can be done through the introduction of a contaminant into a natural
environment, but the contaminant doesn't need to be tangible. Things as simple as light, sound and
temperature can be considered pollutants when introduced artificially into an environment 1.

Air: All around the earth there is a thick blanket of air called the atmosphere. Air, like other
gases, does not have a fixed shape. It spreads out to fill any available space so nothing is really
empty. But air cannot escape from the atmosphere as the force of gravity keeps it from floating
away from the earth.

AIR POLLUTION
Ever since people first gathered in settlements there has been pollution. Pollution usually refers
to the presence of substances that are either present in the environment where it doesn't belong or
at levels greater than it should be. Air pollution is caused by any undesirable substance, which
enters the atmosphere. Air pollution is a major problem in modern society. Even though air
pollution is usually a greater problem in cities, pollutants contaminate air everywhere. These
substances include various gases and tiny particles, or particulates that can harm human health
and damage the environment. They may be gases, liquids, or solids. Many pollutants are given
off into the air as a result of human behavior. Pollution occurs on different levels: personal,
national, and global. Some pollutants come from natural sources.
Forest fires emit particulates, gases, and VOCs (substances that vaporize into the
atmosphere)
Ultra-fine dust particles created by soil erosion when water and weather loosen layers of
soil, increase airborne particulate levels.
Volcanoes spew out sulfur dioxide and large amounts of pulverized lava rock known as
volcanic ash.
The major types of air pollution are:
Gaseous pollutants:

A different mix of vapors and gaseous air pollutants is found in outdoor and indoor
environments. The most common gaseous pollutants are carbon dioxide, carbon monoxide,
hydrocarbons, nitrogen oxides, sulfur oxides and ozone. A number of sources produce these
chemical compounds but the major man-made source is the burning of fossil fuel. Indoor air
pollution is caused by cigarette smoking, the use of certain construction materials, cleaning
1 http://www.livescience.com/22728-pollution-facts.html

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products, and home furnishings. Outdoor gaseous pollutants come from volcanoes, fires, and
industry, and in some areas may be substantial. The most commonly recognized type of air
pollution is smog generally refers to a condition caused by the action of sunlight on exhaust
gases from motor vehicles and factories.
Greenhouse effect
Prevents the sun's heat from rising out of the atmosphere and flowing back into space. This
warms the earth's surface causing the green house effect. While a certain amount of green house
gases in the atmosphere are necessary to make the earth warm, activities such as the burning of
fossil fuels are creating a gaseous layer that is too dense to allow the heat to escape. Many
scientists believe this is causing global warming. Other gases contributing to the problem include
chlorofluorocarbons (CFC), methane, nitrous oxides, and ozone.
Acid rain
It forms when moisture in the air interacts with nitrogen oxide and sulfur dioxide released by
factories, power plants, and motor vehicles that burn coal or oil. This interaction of gases with
water vapor forms sulfuric acid and nitric acids. Eventually these chemicals fall to earth as
precipitation, or acid rain. Acid rain pollutants may travel long distances, with winds carrying
them thousands of miles before they fall as dew, drizzle, fog, snow or rain. Damage to the ozone
layer is primarily caused by the use of chlorofluorocarbons (CFCs). Ozone is a form of oxygen
found in the earth's upper atmosphere. The thin layer of ozone molecules in the atmosphere
absorbs some of the sun's ultraviolet (UV) rays before it reaches the earth's surface, making life
on earth possible. The depletion of ozone is causing higher levels of UV radiation on earth,
endangering both plants and animals. Particulate matter is the general term used for a mixture of
solid particles and liquid droplets found in the air. Some particles are large or dark enough to be
seen as soot or smoke. Others are so small they can be detected only with an electron
microscope. When particulate matter is breathed in, it can irritate and damage the lungs causing
breathing problems. Fine particles are easily inhaled deeply into the lungs where they can be
absorbed into the blood stream or remain embedded for long periods of time.
Climatic effects:
Normally pollutants rise or flow away from their sources without building up to unsafe levels.
Wind patterns, clouds, rain, and temperature can affect how quickly pollutants move away from
an area. Weather patterns that can trap air pollution in valleys or move it across the globe may be
able to damage pristine environments far from the original sources

Effects of Air Pollution

Effect on Health
Many studies have shown links between pollution and health effects. Increases in air pollution
have been linked to decreases in lung function and increases in heart attacks. High levels of air
pollution according to the EPA Air Quality Index directly affect people with asthma and other
types of lung or heart disease. Overall air quality has improved in the last 20 years but urban
areas are still a concern. The elderly and children are especially vulnerable to the effects of air
pollution. The level of risk depends on several factors: the amount of pollution in the air, the

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amount of air we breathe in a given time our overall health. Other, less direct ways people are
exposed to air pollutants are:
Eating food products contaminated by air toxins that have been deposited where they
grow, drinking water contaminated by air pollutants, ingesting contaminated soil, and
touching contaminated soil, dust or water.

1. Environmental Effects
Along with harming human health, air pollution can cause a variety of environmental effects:
Acid rain is precipitation containing harmful amounts of nitric and sulfuric acids. These acids are
formed primarily by nitrogen oxides and sulfur oxides released into the atmosphere when fossil
fuels are burned. These acids fall to the Earth either as wet precipitation (rain, snow, or fog) or
dry precipitation (gas and particulates). Some are carried by the wind, sometimes hundreds of
miles. In the environment, acid rain damages trees and causes soils and water bodies to acidify,
making the water unsuitable for some fish and other wildlife. It also speeds the decay of
buildings, statues, and sculptures that are part of our national heritage. Acid rain has damaged
lakes, ponds, rivers, and soils, leading to damaged wildlife and forests2.
Eutrophication is a condition in a water body where high concentrations of nutrients (such as
nitrogen) stimulate blooms of algae, which in turn can cause fish kills and loss of plant and
animal diversity. Although eutrophication is a natural process in the aging of lakes and some
estuaries, human activities can greatly accelerate eutrophication by increasing the rate at which
nutrients enter aquatic ecosystems. Air emissions of nitrogen oxides from power plants, cars,
trucks, and other sources contribute to the amount of nitrogen entering aquatic ecosystems.
Haze is caused when sunlight encounters tiny pollution particles in the air. Haze obscures the
clarity, color, texture, and form of what we see. Some haze causing pollutants (mostly fine parti
cles) are directly emitted to the atmosphere by sources such as power plants, industrial facilities,
trucks and automobiles, and construction activities. Others are formed when gases emitted to the
air (such as sulfur dioxide and nitrogen oxides) form particles as they are carried downwind3..

2. Effects on wildlife
Toxic pollutants in the air, or deposited on soils or surface waters, can impact wildlife in a
number of ways. Like humans, animals can experience health problems if they are exposed to
sufficient concentrations of air toxics over time. Studies show that air toxics are contributing to
birth defects, reproductive failure, and disease in animals. Persistent toxic air pollutants (those
that break down slowly in the environment) are of particular concern in aquatic ecosystems.
These pollutants accumulate in sediments and may biomagnify in tissues of animals at the top of
the food chain to concentrations many times higher than in the water or air.
3. Ozone depletion
2 http://www.epa.gov/acidrain visited on 3/03/16
3 http://www.epa.gov/oar/visibility visited on 3/03/16

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Ozone is a gas that occurs both at ground level and in the Earth's upper atmosphere, known as
the stratosphere. At ground level, ozone is a pollutant that can harm human health. In the
stratosphere, however, ozone forms a layer that protects life on earth from the sun's harmful
ultraviolet (UV) rays. But this "good" ozone is gradually being destroyed by manmade chemicals
referred to as ozone depleting substances, including chlorofluorocarbons, Halons. These
substances were formerly used and sometimes still are used in coolants, foaming agents, fire
extinguishers, solvents, pesticides, and aerosol propellants. Thinning of the protective ozone
layer can cause increased amounts of UV radiation to reach the Earth, which can lead to more
cases of skin cancer, cataracts, and impaired immune systems. UV can also damage sensitive
crops, such as soybeans, and reduce crop yields.

4. Crop and forest damage

Air pollution can damage crops and trees in a variety of ways. Ground level ozone can lead to
reductions in agricultural crop and commercial forest yields, reduced growth and survivability of
tree seedlings, and increased plant susceptibility to disease, pests and other environmental
stresses (such as harsh weather). As described above, crop and forest damage can also result
from acid rain and from increased UV radiation caused by ozone depletion.
5. Global climate change.
The Earth's atmosphere contains a delicate balance of naturally occurring gases that trap some of
the sun's heat near the Earth's surface. This "greenhouse effect" keeps the Earth's temperature
stable. Unfortunately, evidence is mounting that humans have disturbed this natural balance by
producing large amounts of some of these greenhouse gases, including carbon dioxide and
methane. As a result, the Earth's atmosphere appears to be trapping more of the sun's heat,
causing the Earth's average temperature to rise a phenomenon known as global warming. Many
scientists believe that global warming could have significant impacts on human health,
agriculture, water resources, forests, wildlife, and coastal areas4.

Causes of Air Pollution5

Air pollution is caused when air in the atmosphere is filled with particulate matter.

The largest source air of pollution in cities is from vehicle exhaust fumes.

4 http://www.mass.gov/eea/docs/dep/air/aq/health-and-env-effects-air-pollutions.pdf
visited on 3/03/16
5 http://www.gogreenacademy.com/causes-and-effects-of-air-pollution/ visited on
5/03/16

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Carbon monoxide is the largest air pollutant in the United States, and its number one
source is from vehicle exhausts.

Carbon monoxide is a poisonous, odorless, colorless gas that is formed when burning
fossil fuels such as coal, petroleum and natural gas.

Filters that are not changed regularly in your air conditioning units will accumulate dirt
and cause the spread of pollutants in the air you breathe inside your home.

Chemicals and toxic pollutants likes sulfur dioxide, nitrogen oxides and carbon dioxide
react with water molecules in the atmosphere to produce acid rain. These pollutants
come from factories, automobiles and any industrial or manufacturing plants.

Another source of air pollution is from dust and dirt that goes airborne due to every day
labor in the agricultural and construction industry. Dust is lifted from tractors working on
fields, and from land clearing and general demolition in the construction industry.

Using household chemicals without adequate ventilation is a major source of indoor air
pollution.

Volcanoes, dust storms, and forest fires are causes of natural air pollution.

Effects of Air Pollution6

Air pollution causes irritation in the throat, nose, lungs and eyes. It causes breathing
problems and aggravates existing health conditions such as emphysema and asthma.

Contaminated air reduces the bodys defenses and decreases the bodys capacity to fight
other infections in the respiratory system.

Frequent exposure to polluted air increases the risk of cardiovascular disease. Breathing
air that is filled with fine particulate matter can induce hardening of the arteries,
triggering cardiac arrhythmia or even a heart attack.

People who exercise outdoors are susceptible to the adverse effects of air pollution
because it involves deeper and faster breathing.

Acid rain contains hydrogen ions, which can damage trees, crops, harm marine animals
and induce corrosion in metals.

6 http://www.gogreenacademy.com/causes-and-effects-of-air-pollution/ visited on
4/03/16

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Smog causes harmful health effects in humans and animals. Studies have shown signs of
black lung disease in dolphins of due to high concentrations of carbon particles in the air.

People afflicted with heart disease, children and older people are more sensitive to air
pollution.

CONSTITUTIONAL PROVISIONS
Indian constitution does not make this right a specific right. Article 21 of the constitution of
India provides that every person has the right to life. This Article embodied in it, the right to
pure Air for life. Life of a human cannot be sustained with polluted air. Pollution free air is the
only hope for the healthy life. The root cause of a number of diseases is the polluted air. There
are a number of causes responsible for polluting the air. Polluted air doesnt come from a single
source. Article 47 imposes duty on the state to raise the level of nutrition and the standard of
living including improvement of public health. It is the duty of the state to provide pure air to the
public. It is also the duty of every citizen under article 51 (A) g to protect and improve the
natural environment including forests, lakes, rivers and wildlife and to have compassion for
living creatures. For control the pollution of air the Prevention and Control of Air Pollution Act,
1981 was enacted7. In Subash Kumar8, the Court observed that right to life guaranteed by
article 21 includes the right of enjoyment of pollution-free water and air for full enjoyment of
life. Through this case, the court recognized the right to a wholesome environment as part of the
fundamental right to life. This case also indicated that the municipalities and a large number of
other concerned governmental agencies could no longer rest content with unimplemented
measures for the abatement and prevention of pollution. They may be compelled to take positive
measures to improve the environment. This was reaffirmed in M.C. Mehta v. Union of
India9.The case concerned the deterioration of the world environment and the duty of the state
government, under article 21, to ensure a better quality of environment. The Supreme Court has
held that life, public health and ecology have priority over unemployment and loss of revenue.
The Supreme Court ordered the Central government to show the steps they have taken to achieve
this goal through national policy and to restore the quality of environment10
7 http://lex-warrier.in/2013/08/constitutional-provisions-and-india visited on 3/03/16
8 (1998) 9 SCC 589
9 M.C. Mehta v. Union of India (1991) AIR SC 813 (Vehicular Pollution Case)
10 http://www.legalserviceindia.com/article/l399-A-Mandate-To-Pollution-FreeEnvironment.html visited on 2/03/16

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