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ENVIRONMENTAL GAINS OF THE LOCKDOWN MUST BE PRESERVED BY GOVT. & PEOPLE.
The unprecedented lockdowns around the world caused by COVID-19 has led to a situation where some of the benefits were not anticipated before. The clear blue skies all over the country and especially the capital where it has been the great will of the people to watch the blue sky over them. AQI of Delhi has come down to 45 if compared to Diwali times when it was above 360. None of the plans were so effective to reduce pollution at such a decreasing rate.
The intervention of human species everywhere is the sole reason for any type of pollution be it air, water, greenhouse emissions, etc. It has to be given a reasonable thought that whenever the lockdown ends, proper methods for maintaining the quality index should be implemented. Certain legislation must come to preserve it and to make sure no harm is inflicting upon.
This is the reset button pressed by god to give one more chance to humans to understand the rising pollution levels which do not only harm humans but other species also.
The SC has introduced the principle of polluter pays and applied it in several cases which relate to pollution. This concept was first adopted by the Organization for Economic Cooperation and Development (OECD) back in May 1972 as a guiding principle for international economic aspects of environmental policies and was eventually reinforced in the 1992 Rio Declaration and integrated into it as principle 16.
The polluter pay principle basically translates into damages owed by the individual who has contaminated the environment. Although polluter pay can, as a concept, act to some degree as a deterrent, the environmental damage is nearly irreversible. Strong and rigorous interventions are therefore urgently required.
Throughout India, there is no shortage of environmental conservation laws. But on the number of laws regulating the subject, the most relevant, by far, is the Environment (Conservation) Act, 1986, which provides for environmental protection and enhancement and related matters. Especially this Act requires a serious relook.
Although the Act gives the central government enormous powers to take steps to protect and develop the environment, it has the power to give directions and frame rules to control pollution.
Instead of requiring the polluter to avoid the emission or discharge of contaminants from the environment, the government or its agency must set up its own effluent treatment plants that will automatically be connected to any industry, service, etc. Similar to the sewage link provided by the municipal authorities and with the permission of them. Needless to say, there will be capital expenditure outlay for this reason but in comparison with the constant and repeated outlay as seen in the Ganga Action Plan, the same will be minuscule.
Payment of damages on the polluter pays principle has not been able to achieve the targets it had set. An apathetic polluter will be able to pay for the graded penalties that are levied without any environmental consideration. This has evidently stopped retaining any amount of deterrent. The 'doctrine of public trust' established by the ancient Roman Empire as a legal principle whereby it was assumed that, since time immemorial, people around the world had made efforts to conserve and protect natural resources such as air, water, plants, flora and fauna, and that most people still found it their sacred duty to protect them.
The Supreme Court, therefore, holds that this doctrine enjoins the government to preserve the wealth for the benefit of the general public rather than allowing their dues for private gain or commercial exploitation to fulfil the greed of others. It is not a wish list, but a statutory requirement pursuant to Article 48 A with regard to the preservation and enhancement of the atmosphere and the conservation of forests and wildlife, and also Article 51A(g) as part of the fundamental duties to preserve and improve the natural world, including trees, lakes, rivers and wildlife, and to display respect for living creatures that have all been rea After all, the constitution exists for the average man, the butcher, the baker and the maker of candlesticks!
