Journal of Global Resources

Volume 4 (01)January 2018
ISSN: 2395-3160 (Print), 2455-2445 (Online)

Page 99-101

14ANALYSIS TO NEED FOR SUSTAINABLE DEVELOPMENT WITH NECESSITY OF
ENVIRONMENTAL PREVENTION AND POLLUTION CONTROL
S. K. Saini1 and Anil Kumar2
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Associate Professor, Govt. Law College, Churu (Rajasthan), India

Assistant Professor, Institute of Law, J.J.T. University, Jhunjhunu (Rajasthan), India
Email: drsksaini@rediffmail.com

Abstract: India being an upward budget has seen successful mechanization and development inrecent past, which resulted in contrary impact on the environment. Witnessing such deprivation, theSupreme Court of India in a bid to safeguard the environment, played a substantial role in shapingand adopting the doctrine of Sustainable Development. This crusade for safeguarding theenvironment was led by Justice Kuleep Singh, who famously came to be known as the 'Green
Judge'. The doctrine of Sustainable Development was implemented by the Supreme Court in thecase of Vellore Citizen Welfare Forum vs. Union of India. The Petitioners therein had filed a petitionin public interest under Article 32 of the Constitution of India against the pollution caused bydischarge of untreated effluent by the tanneries and other industries in the river Paler in the Stateof Tamil Nadu. In the instant case, the Supreme Court held that the precautionary principle andpolluter pays principle are a part of the environmental law of India. The court also held that:"Remediation of the damaged environment is part of the process of 'Sustainable Development' andas such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing
the damaged ecology."
Keyword: Environment, Sustainable Development, Jurisdiction, Law, Policy
Role of Judiciary in Environmental Protection
One of the most innovative parts of the Constitution is that right to enforce the fundamental rights
by moving Supreme Court is itself a fundamental right under article 32 of the Constitution. Writjurisdiction is conferred on Supreme Court under Article 32 and High Courts under Article 226 ofthe Constitution. Under these provisions Supreme Court and High Courts have the power to issue
any directions or orders writ, including writs in the nature of habeas corpus, mandamus, prohibition,quo-warranto and certiorari, whichever is appropriate High Court is wider in scope than that ofSupreme Court However, it may be pointed out that the law declared by the Supreme Court shallbe binding on all Courts within the territory of India. Moreover, the Supreme Court in exercise of its
jurisdiction may pass such decree or make such order as is necessary for doing complete justicein any cause or matter pending before it. The Supreme Court and also various High Courts havetaken innumerable measures in a series of their landmark judgments. Impacts on Health
Epidemiological analysis is needed to quantify the health impact in an exposed population.
The major pollutants emitted by combustion have all been associated with increased respiratory
and cardiovascular morbidity and mortality (Brune kreef and Holgate 2002). The most famous
disease outbreak of this type occurred in London in 1952 (U.K. Ministry of Health 1954), when 4,000
people died prematurely in a single week because of severe air pollution, followed by another 8,000
deaths during the next few months (Bell and Davis 2001). In the 1970s and 1980s, new statisticalmethods and improved computer technology allowed investigators to study mortality increases atmuch lower concentrations of pollutants. A key question is the extent to which life has beenshortened. Early loss of life in elderly people, who would have died soon regardless of the air
pollution, has been labeled mortality displacement, because it contributes little to the overall burdenof disease (McMichael and others 1998).
Long-term studies have documented the increased cardiovascular and respiratory mortality
associated with exposure to PM (Dockery and others 1993; Pope and others 1995). A 16-year
follow-up of a cohort of 500,000 Americans living in different cities found that the associations were99

strongest with PM2.5 and also established an association with lung cancer mortality (Pope andothers 2002). Another approach is ecological studies of small areas based on census data, air
pollution information, and health events data (Scoggins and others 2004), with adjustments forpotential confounding factors, including socioeconomic status. Such studies indicate that themortality increase for every 10 micrograms per cubic meter (μg per m3) of PM2.5 ranges from 4 to8 percent for cities in developed countries where average annual PM2.5 levels are 10 to 30 ug/m3.
Many urban areas of developing countries have similar or greater levels of air pollution. The majorurban air pollutants can also give rise to significant respiratory morbidity (WHO 2000). For instance,Romeo and others (1996) report an exacerbation of asthma among children in Mexico City, and xu
and Wang (1993) note an increased risk of respiratory symptoms in middle-aged non-smokers inBeijing. In relation to the very young, Wang and others (1997) find that PM exposure, SO2exposure, or both increased the risk of low birth weight in Beijing, and Pereira and others (1998)
find that air pollution increased intrauterine mortality in São Paulo.
Other effects of ambient air pollution are post neonatal mortality and mortality caused byacute respiratory infections, as well as effects on children's lung function, cardiovascular andrespiratory hospital admissions in the elderly, and markers for functional damage of the heart
muscle (WHO 2000). Asthma is another disease that researchers have linked to urban air pollution(McConnell and others 2002; Rios and others 2004). Ozone exposure as a trigger of asthma attacks
is of particular concern. The mechanism behind an air pollution and asthma link is not fully known,
but early childhood NO2 exposure may be important (see, for example, Ponson by and others
2000). Leaded gasoline creates high lead exposure conditions in urban areas, with a risk for leadpoisoning, primarily in young children. The main concern is effects on the brain from low-level
exposure leading to behavioral aberrations and reduced or delayed development of intellectual ormotorist ability (WHO 1995). Lead exposure has been implicated in hypertension in adults, and thiseffect may be the most important for the lead burden of disease at a population level (WHO 2002).
Other pollutants of concern are the carcinogenic volatile organic compounds, which may be related
to an increase in lung cancer, as reported by two recent epidemiological studies (Nyberg and others
2000; Pope and others 2002). Urban air pollution and lead exposure are two of the environmental
hazards that WHO (2002) assessed as part of its burden-of-disease calculations for the WorldHealth Report 2002. The report estimates that pollution by urban PM causes as much as 5 percentof the global cases of lung cancer, 2 percent of deaths from cardiovascular and respiratory
conditions, and 1 percent of respiratory infections, adding up to 7.9 million disability-adjusted life
years based on mortality only. This burden of disease occurs primarily in developing countries, with
China and India contributing the most to the global burden. Eastern Europe also has major air
pollution problems, and in some countries, air pollution accounts for 0.6 to 1.4 percent of the total
disability-adjusted life years from mortality.
Global warming is the term used to describe a gradual increase in the average temperatureof the Earth’s atmosphere and its oceans, a change that is believed to be permanently changing
the Earth’s climate. Even though it is an ongoing debate, it is proved by the scientists that the planet
is warming. Global warming is for real the average global temperatures are higher than they haveever been during the past millennium, and the levels of CO in the atmosphere have e crossed all
previous records. The climate is changing. The earth is warming up, and there is now overwhelming
scientific consensus that it is happening, and human-induced. With global warming on the increase
and species and their habitats on the decrease, chances for ecosystems to adapt naturally arediminishing. Many are agreed that climate change may be one of the greatest threats facing theplanet. Recent years show increasing temperatures in various regions, and increasing extremities
in weather patterns. Climate Change resulting from increased greenhouse gases concentrations
has the potential to harm societies and eco-systems. In particular, agriculture, forestry, waterresources, human health, costal settlements and natural eco-systems will need to adapt to achanging climate or face diminishing functions.
Discussion
Air pollutants are usually classified into suspended particulate matter (PM) (dusts, fumes, mists,and smokes); gaseous pollutants (gases and vapors); and odors. Suspended PM can becategorized according to total suspended particles: the finer fraction, PM10, which can reach thealveoli, and the most hazardous, PM2.5 (median aerodynamic diameters of less than 10.0 microns
100and 2.5 microns, respectively). Much of the secondary pollutants PM2.5 consists of created by thecondensation of gaseous pollutants—for example, sulfur dioxide (SO2) and nitrogen dioxide (NO2).
Types of suspended PM include diesel exhaust particles; coal fly ash; wood smoke; mineral dusts,
such as coal, asbestos, limestone, and cement; metal dusts and fumes; acid mists (for example,sulfuric acid); and pesticide mists. Gaseous pollutants include sulfur compounds such as SO2 andsulfur trioxide; carbon monoxide; nitrogen compounds such as nitric oxide, NO2, and ammonia;
organic compounds such as hydrocarbons; volatile organic compounds; polycyclic aromatichydrocarbons and halogen derivatives such as aldehydes; and odorous substances. Volatileorganic compounds are released from burning fuel (gasoline, oil, coal, wood, charcoal, natural gas,and so on); solvents; paints; glues; and other products commonly used at work or at home. Volatileorganic compounds include such chemicals as benzene, toluene, methylene chloride, and methylchloroform. Emissions of nitrogen oxides and hydrocarbons react with sunlight to eventually form
another secondary pollutant, ozone, at ground level. Ozone at this level creates health concerns,
unlike ozone in the upper atmosphere, which occurs naturally and protects life by filtering out
ultraviolet radiation from the sun. Outdoor air pollution is caused mainly by the combustion ofpetroleum products or coal by motor vehicles, industry, and power stations. In some countries, thecombustion of wood or agricultural waste is another major source. Pollution can also originate fromindustrial processes that involve dust formation (for example, from cement factories and metalsmelters) or gas releases (for instance, from chemicals production). Indoor sources also contributeto outdoor air pollution, and in heavily populated areas, the contribution from indoor sources cancreate extremely high levels of outdoor air pollution. Motor vehicles emit PM, nitric oxide and NO2(together referred to as NOx), carbon monoxide, organic compounds, and lead. Lead is a gasoline
additive that has been phased out in industrial countries, but some developing countries still use
leaded gasoline. Mandating the use of lead-free gasoline is an important intervention in relation tohealth. It eliminates vehicle-related lead pollution and permits the use of catalytic converters, which
reduce emissions of other pollutants.
Conclusion
In order to maintain a balance between development and environment, the principle of Sustainable
Development which encompasses the 'Precautionary Principle' must be followed while envisaging
a project. This would prevent any anticipated environmental impact a project may have by following
and incorporating mitigating measures. Right from the stage of selection of site, to adopting efficientand environmental friendly measures at each stage and facet of construction to avoid or minimize
environment de-gradation, to providing mitigatory measures and monitoring the impact of a projecton the environment/eco-system and thereafter providing for restorative action in case of any
degradation is imperative in today's pro- environment climate and is also the need of the hour. The
developers today must be conscious of the environment and adopt a green, pro- environment,scientific and energy efficient mind-set for each stage of a project. These measures may increase
the over-all expenditure of the project, but in the longer run the benefits would surpass such costs.
The Indian Government in furtherance of its INDCs and National Action Plan on Climate Change
incentivizes developers and promotes use of green and energy efficient measures and theseincentives can be used by developers to off-set any additional green costs. With the advent ofenergy efficient technology, a harmonious marriage between development and environment ispossible. It is time that each one of us adopt an 'energy-efficient and green' mind-set and use thenatural resources available equitably, judiciously and save them for our future generations, as thebest way to predict future is to create it.
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