Relationship between Humans and Environment during Pandemic of COVID 19

Introduction 

Both human rights and the environment issues are closely linked. All human beings have the FUNDAMENTAL RIGHTS towards environment for their health and well- being. In Indian constitution Article 51(A) [1] deals with the fundamental duties which clearly imposes that it is duty of every citizen to protect the environment. Article 48(A) [2] of the Indian constitution says that the state shall endeavour to protect and impose the environment and to safeguard the forest and wildlife of the country. Relationship between human rights and environment can we studied in two forms

Firstly, environment fulfils the human rights. This means that a degraded environment directly infringements human rights to life, livelihood, health, etc.

Secondly, legal protection of human rights means to protect the environment. So people and government should feel the need to protect the environment. Both human rights and environment are directly related to each other.

Government Laws and Acts for Environment Protection

In India the real importance of environment felt after Bhopal gas tragedy 1984. Indian parliament passed many laws related to environment such as Wildlife Protection Act 1972, Forest Conservation Act 1989, Water Prevention and Control of Pollution Act 1974. The Government has passed 42 constitutional amendment act 1976 which added Article 43(A) and Article 51 A(g) for the environmental protection.

Article 32 and Article 226 of the Indian Constitution says that environment issues can be raise through Public Interest Litigation (PIL).

The Indian Penal Code (IPC) also contain many provisions related to the environment pollution –

Section 277 related to water pollution. Whenever a person corrupts or fouls the water of any public spring or reservoir, so it become unfit to use, shall be imprisonment for three months or fines of Rupees 500 or both.

Section 278 related to water pollution. Whenever a person vitiates the atmosphere in public place to make it noxious to health of person, shall be punished with fines and penalty of Rupees 500 or both.

Section 430 Whenever a person commits mischief by doing an act which cause diminution of supply of water for agricultural purpose, for food, for drink for animals and humans shall be punishes with imprisonment for five years and fines or penalties.

Section 481 Whenever a person commits mischief by doing an act which make or harm public roads, bridges, navigable river or navigable channels less safe shall punished with imprisonment for five years and fines.

Section 432  Whenever a person commits mischief by doing any act which cause harm or obstruction to any public drainage shall be punished with imprisonment of five years and fines.

Section 26818 related to noise pollution and public nuisance. Noise is considered as public nuisance. There is criminal liability of a person relating to his illegal omission resulting in common injury or damages.

National Committee on Environment Planning and Coordination (NCEPC)

NCEPC was established in 1972. It covers several projects such as survey on eco- system, planning, human management, etc. In every state and union territories environment board is set up to look after the environment and suggest changes to improve it. Another committee is set up under Tiwary Committee. It also aim is to improve environmental conditions.

Important Legislative Act

• National Tribunal Act 2010 

It has been enacted with the objective for providing speedy disposal of the cases related to environmental pollution. It also enforce legal rights related to environment and conservation of forests and wildlife. It has  also set up Environmental Protection Act, The Forest Conservation Act and Biodiversity Act.

•  Air (Prevention And Control ) Act 1981 

This act is enacted 1981 for the prevention, abatement and control of air quality. It also establish a board at central and state level to maintain the quality of the air. This act control air pollution by reducing the use of air pollutants fuels and substances.

• Water (Prevention And Control ) Act 1974 

The water act enacted for the prevention and control of water pollution and restore the water in large in case of shortage of the water. Both central and state work together to control water pollution.

•  Harzardous Wastes Management And Regulation 

It contain following acts –

• – Hazardous wastes (Management, Handling, Trans boundary) Rules 2008: It deals with manufacturing, storage and import of hazardous chemical and wastes.
• – Municipal solid waste rules 2000: This rule authorise the municipal to dispose of the solid waste in scientific ways.
• – Biomedical waste rules 1998: This rule provides management and disposal of biomedical waste in effective ways.
• Wildlife Protection Act 1972 

It has been enacted to control smuggling, poaching and illegal trade of wildlife. It also protect the endangered flora and fauna.  If any person is engaged in illegal practice shall be punished and fined with penalties.

• Forest Conservation Act 1980 

Under this act the central government put strict rules and regulation on deforestation, de-reservation of forests and use of forest land for non-essential purpose.

Cases Related To Environmental Issues

M.C.Mehta v Union Of India [3]

In this case the Supreme Court held that Cinema hall should show at least two slides in environment as recommended by ministry of environment. Environment should be made a compulsory subject to be taught in schools and colleges.

Indian Council for Environment Legal Action v Union Of India  [4] 

This case is popularly known as the coastal zone protection case. In this case the Supreme Court took action against the executives’ attitude in implementing the laws for protection of life and maintains ecological balance.

Preventing Pollution Of Ganga And Yamuna 1995 

In this case the supreme court asked for the removal of polluting industries settled on the bank of river Ganga, Hoogly and Yamuna.

M.C.Mehta v  Kamal Nath [5] 

In this case Supreme Court made it clear that any disturbance of the basic environmental elements such as air, water, soil which are necessary for the life, can’t be polluted as it is hazardous to life.

Subhash Kumar v State Of Bihar [6] 

In Subhash Kumar v State Of Bihar court held that the right of enjoyment of pollution free air and water comes under Article 21 Right to Life.

Murli.S. Deora v Union of India [7] 

In this case the Supreme Court banned smoking on public places ruling that non-smokers cannot be compelled to the victim of air pollution.

Current Situation of Delhi (Pollution in National Capital Territory of India) 

After 2019 the air quality of Delhi and NCR region dropped to hazardous level. Studied carried out by WHO (World Health Organisation) tells that the Delhi is worst city of the world in terms of air pollution.

On October 16, 2020 the top court has ordered for the development of National Service Scheme And Bharat Scouts so that people can breathe fresh air in cities like Delhi, Punjab, Haryana, Uttar Pradesh. Two other cities in India that have worst air include – Gwalior (Madhya Pradesh) and Raipur (Chhattisgarh).

To curb the air pollution in Delhi, government has decided to setup 20 Crores Smog Tower to control air pollution. Government is also setting up a NATIONAL LEVEL TRANSPLANTATION agencies for relocation of trees. Under this programme 80% of trees are transplanted. By continuous effort of the government and people air pollution can be reduced.

Pollution In Lockdown in India 

On 25 March 2020, the Indian government announce lockdown in effort to reduce the spread of COVID 19 disease. Due to this lockdown there has been significantly reduce in pollution across the country and improvement in the quality of the air. Mumbai and Delhi saw the drop of 40% – 50% in the pollution. There has been 50% improvement in the quality of the air. According to NASA report PM2.5 and nitrogen oxide level improved by 50%.

The lockdown has serious effect on the life of the people in rural as well as urban areas. But this is the time for mother earth to heal herself by improving quality of the air, water and reducing pollution. The COVID 19 is the punishment given by our environment to us for disturbing it and causing pollution to it.

Conclusion

At present all of us are making effort to enjoy quality of life, by breathing fresh air, drinking fresh water and living in clean environment.  Pollution is one of the most challenging issue for the present generation.

It is because of destructive human activity which cause harm to our environment. Government is making continuous effort to remove pollution. Government is making reforms in agricultural sector, industrial sector and population control reforms. People should also make efforts at individual level to reduce pollution. 

In COVID 19 pandemic we all are cooperating with the government by staying at home, covering our faces with masks and taking all necessary precaution, as a result of this, in India cases are less and recovery rate is high as compared to other countries. Similarly People should also cooperate with the government to reduce pollution, to live healthy and quality of life.

The article has been contributed by Alice Chouhan, student at School of Law Indore (M.P.).

End Notes

[1] 42 nd constitutional amendment act 1972 .

[2] Directive Principle of State Policy .

[3] (1983) 1 SCC 471 .

[4] 1996 SCC (3) 212 .

[5] 1996 SCC 388 .

[6] 1991 AIR 420 , 1991 SCR (1) 5 .

[7] Murli .S. Deora v/s Union of India AIR 2002 SC 40