Unit 4:- Water Pollution, Air Pollution and Noise Pollution
4.1 The Water (Prevention and Control of Pollution) Act, 1974
4.2 The Air (Prevention and Control of Pollution) Act, 1981
4.3 The Noise Pollution (Regulation and Control) Rules, 2000
Unit 4: Water, Air, and Noise Pollution
4.1 The Water (Prevention and Control of Pollution) Act, 1974
Introduction & Definition
This was India’s first dedicated environmental law, enacted under Article 252 (Power of Parliament to legislate for two or more States by consent). Its objective is twofold:
- Prevention and Control of water pollution.
- Maintenance or Restoration of the wholesomeness of water.
Statutory Provisions
- Section 2(e): Definition of “Pollution”.
- Section 3 & 4: Constitution of Central (CPCB) and State (SPCB) Boards.
- Section 24: Prohibition on use of stream or well for disposal of polluting matter.
- Section 25: Restrictions on new outlets and new discharges (Consent to Establish).
Essential Ingredients
- Pollution (Sec 2(e)): Any contamination of water, or alteration of physical/chemical/biological properties of water, or discharge of any sewage/trade effluent which is likely to create a nuisance or render such water harmful to public health, safety, or life (aquatic or human).
- Trade Effluent: Any liquid/solid/gas discharged from any premises used for carrying on any industry/operation/process/treatment.
- Consent Mechanism (Sec 25): No person shall, without the previous consent of the State Board:
- Establish any industry/operation which is likely to discharge sewage/trade effluent.
- Bring into use any new or altered outlet for the discharge of sewage.
Landmark Case Laws
- M.C. Mehta v. Union of India (Ganga Pollution Case, 1988)
- Facts: Tanneries in Kanpur were discharging untreated effluents into the Ganga.
- Issue: Can industries be allowed to operate if they cannot afford treatment plants?
- Judgment: The Supreme Court held that strict liability applies. Just like an industry cannot operate without capital, it cannot operate without a treatment plant. “Closure of tanneries may bring unemployment and loss of revenue, but life, health, and ecology have greater importance to the people.”
- A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999)
- Significance: The SC emphasized the “Precautionary Principle.” The burden of proof is on the industry to show that its actions are environmentally benign. The State Board has the power to refuse consent if there is a risk of pollution to drinking water reservoirs (like Himayat Sagar/Osman Sagar lakes).
Exam-Style Conclusion
The Water Act, 1974, established the institutional framework (CPCB/SPCB) for environmental governance in India. Its core strength lies in the “Consent Mechanism” (Section 25), which acts as a gatekeeper, preventing polluting industries from even starting operations without adequate safeguards.
4.2 The Air (Prevention and Control of Pollution) Act, 1981
Introduction & Definition
Enacted under Article 253 (Implementing international decisions – Stockholm Conference), the Air Act targets the preservation of air quality. Interestingly, it uses the same machinery (Boards) created under the Water Act to implement its provisions.
Statutory Provisions
- Section 2(a): Definition of “Air Pollutant”.
- Section 19: Power to declare “Air Pollution Control Areas”.
- Section 21: Restrictions on use of certain industrial plants.
- Section 22: Persons carrying on industry not to allow emission of air pollutants in excess of standards.
Essential Ingredients
- Air Pollutant (Sec 2(a)): Any solid, liquid, or gaseous substance (including Noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.
- Note: The 1987 Amendment specifically added “Noise” to the definition of Air Pollutant.
- Air Pollution Control Area (Sec 19): The State Govt (after consulting SPCB) can declare any area as a “Control Area.” In such areas, use of unauthorized fuels is prohibited.
- Consent to Operate (Sec 21): No person shall establish or operate any industrial plant in an air pollution control area without the previous consent of the State Board.
Comparison: Water Act vs. Air Act
|
Feature |
Water Act (1974) |
Air Act (1981) |
|
Constitutional Basis |
Article 252 (Consent of States). |
Article 253 (International Treaty). |
|
Machinery |
Created the Boards (CPCB/SPCB). |
Uses the same Boards created by Water Act. |
|
Focus |
Streams, Wells, Sewer, Land. |
Atmosphere (including Noise). |
|
Key Power |
Sec 25 (Consent for Outlet). |
Sec 21 (Consent for Industrial Plant). |
|
Police Power |
Sec 33 (Power to approach Court for injunction). |
Sec 22A (Power to approach Court for injunction). |
Landmark Case Laws
- M.C. Mehta v. Union of India (Taj Trapezium Case, 1997)
- Facts: Mathura Refinery and other industries were emitting Sulphur Dioxide, causing “Acid Rain” that was turning the Taj Mahal yellow (Marble Cancer).
- Judgment: The SC applied the Air Act strictly. It ordered industries within the Trapezium Zone (TTZ) to switch to natural gas or relocate. It emphasized that cultural heritage is an invaluable asset that cannot be sacrificed for industrial growth.
- Murli S. Deora v. Union of India (2001)
- Issue: Passive Smoking in public places.
- Judgment: The SC banned smoking in public places (auditoriums, hospitals, libraries, railways, etc.) because “Air Pollution” includes tobacco smoke, which violates the non-smokers’ Right to Life (Art 21).
Exam-Style Conclusion
The Air Act combats invisible enemies like particulate matter and toxic gases. By empowering State Boards to declare “Control Areas” and mandating “Consent to Operate,” it ensures that industrialization does not suffocate the citizens’ fundamental right to breathe clean air.
4.3 The Noise Pollution (Regulation and Control) Rules, 2000
Introduction & Definition
Noise is an “unwanted sound.” It is legally classified as an “Air Pollutant” under the Air Act. However, specific rules were framed under the Environment (Protection) Act, 1986 to regulate noise levels in different zones.
Statutory Provisions
- Rule 3: Ambient Air Quality Standards in respect of Noise.
- Rule 4: Responsibility as to enforcement of Noise Pollution Control Measures.
- Rule 5: Restrictions on the use of Loudspeakers/Public Address Systems.
- Rule 5A: Restrictions on the use of horns, sound-emitting construction equipment, and bursting of firecrackers.
Essential Ingredients
- Ambient Air Quality Standards (Schedule):
- Industrial Area: Day 75 dB / Night 70 dB.
- Commercial Area: Day 65 dB / Night 55 dB.
- Residential Area: Day 55 dB / Night 45 dB.
- Silence Zone: Day 50 dB / Night 40 dB.
- Silence Zone: Area comprising not less than 100 meters around hospitals, educational institutions, courts, and religious places.
- Night Time: 10:00 PM to 6:00 AM.
- Loudspeaker Ban: A loudspeaker or public address system shall not be used at night (10 PM to 6 AM) except in closed premises (auditoriums, etc.).
Legal Exceptions/Provisos
- Permitted Exceptions: The State Government may permit the use of loudspeakers between 10 PM to 12 Midnight on or during any cultural or religious festive occasion for a limited duration (not exceeding 15 days in a calendar year).
Landmark Case Laws
- Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association (2000)
- Facts: A church used loudspeakers for prayers, disturbing the neighborhood. They claimed Freedom of Religion (Art 25).
- Issue: Does Art 25 include the right to use loudspeakers?
- Judgment: No. The SC held that no religion prescribes that prayers should be performed by disturbing the peace of others. “God is not deaf.” The Right to a peaceful environment (Art 21) overrides the practice of using loudspeakers.
- In Re: Noise Pollution (2005)
- Judgment: The SC issued comprehensive guidelines:
- Complete ban on bursting sound-emitting firecrackers between 10 PM and 6 AM.
- Ban on beating of drums/tom-toms/trumpets between 10 PM and 6 AM.
- “Freedom from noise” is part of the Right to Life (Art 21).
Exam-Style Conclusion
The Noise Rules, 2000, mark the shift from viewing noise as a “mere nuisance” to a serious “health hazard.” By creating silence zones and strict night-time restrictions, these rules balance the individual’s right to sleep and peace against the community’s right to celebrate or worship.