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Legal Measures for Controlling Pollution: an Empirical Study of Yamuna River Between Delhi to Agra

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Legal Measures for Controlling Pollution: an Empirical Study of Yamuna River Between Delhi to Agra Legal Measures for Controlling Pollution: An Empirical Study of Yamuna River Between Delhi to Agra REGISTRATION NO- 144/2017 5803 REVISED SYNOPSIS SUBMITTED TO DR. B. R. AMBEDKAR UNIVERSITY AGRA FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN Law Faculty of law BY Chandra Kant Lavania UNDER THE SUPERVISION OF Dr. Om Prakash Rai Agra College, Agra 2014-15 DECLARATION I, Chandra Kant Lavania declare that the work embodied in this revised synopsis is my own bonafide work carried out by me, as per suggestion laid by Research Degree Committee, under the supervision of Dr. Om Prakash Rai (Associate Professor), Faculty of Law, Agra College, Agra (Dr. B. R. Ambedkar University, Agra, U.P.) Session 2014-15. The content embodied in this Ph.D. synopsis has not been submitted previously for the award of any Degree or Diploma in this or any other University or Institute. I also declare that I have adhered to all principles of academic honesty and integrity and have not misrepresented or fabricated or falsified any idea in my revised synopsis where other ideas or words have been included; I have adequately cited and referenced the original sources. Date: 22/2/2018 Candidate Signature Place-Agra CERTIFICATE This is to certify that Chandra Kant Lavania, is a research scholar in law, Registration no- 144/2017 5803, session 2014-15, at Faculty of Law, Agra College, Agra (Dr. B. R. Ambedkar University, Agra, U.P.). He has prepared the revised synopsis on the topic titled “Legal Measures for Controlling Pollution: An Empirical Study of Yamuna River between Delhi to Agra” as per suggestion laid by Research Degree Committee, under my supervision and guidance. This synopsis has embodied original work of the candidate and has not been submitted anywhere else for the award of any other Degree or Diploma in this or any other University or Institute. I have no objection to guide the candidate on the topic mentioned above. Head of Department Dr. Piyush Tyagi Faculty of Law, Agra College, Agra (Dr. B. R. Ambedkar University, Agra) Supervisor Dr. Om Prakash Rai (Associate Professor) Faculty of Law, Agra College, Agra (Dr. B. R. Ambedkar University, Agra) CONTENTS Declaration Certificate List of Cases Introduction……………………………………………….....1-3 Literature Review………………………………………...….3-14 Objectives of Present Work……..………………………….14-15 Hypothesis……………………………………………………15 Work Plan and Methodology……………………………....15 Scope of Study……………………………………………….15-16 Impact and Utility of Proposed Work……………………..16 Chapter Scheme……………………………………………..16-17 Bibliography…………………………………………………18-22 List of Cases And Quiet Flows the Maily Yamuna Vs. Central Pollution Control Board & Others………………………………………………………………………….12 Manoj Mishra Vs. Union of India & Others……………………………… 12, 13 Mohd. Salim Vs. State of Uttarakhand and Others………………………….12 Samir Mehta Vs. Union of India & Othrs……………………………………..13 Selaqui International School vs. Union of India & Others…………………..14 Subash Kumar Vs. State of Bihar………………………………………………1 Tapesh Bhardwaj Vs. UP State Pollution Control Board & Others…………12 INTRODUCTION Every person has right to life under Article 21 of the Constitution of India which include pollution free environment1. Environment includes water, air and land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property2. Water is the most important element for life; a person cannot survive without it. In Past, Most of the civilization flourished along the rivers. Rivers are main source for survival of civilization. In India, Rivers are worshipped and called Mother. The Ganga, the Yamuna, the Godawari, the Narmada etc are main rivers of India. The Yamuna is the longest and the second largest tributary river Ganges in northern India. Originating from the Yamunotri Glacier at a height of 6,387 metres on the south western slopes of Banderpooch peaks in the uppermost region of the Lower Himalayas in Uttarakhand, it travels 1 Subash Kumar v. State of Bihar A.I.R.1991 SC 420 at P.424 2 Sec2(a) of the Environment Protection Act1986. a total length of 1,376 kilometers and has a drainage system of 366,223 square kilometers (141,399 sq mi), 40.2% of the entire Ganges, before merging with the Ganges at Allahabad. It is the longest river in India, which does not directly flow to the sea3. Just like the Ganges, the Yamuna too is highly venerated in Hinduism and worshipped as goddess Yamuna, throughout its course. Lord Krishana did his leelas at the bank of river Yamuna. He made it pollution free by removing the Kaliya Naag. According Hindu Religion, she is the daughter of Sun God, Surya, and sister of Yama, the God of Death, hence also known as Yami and according to popular legends, bathing in its sacred water frees one from the torments of death4. The Yamuna that is known for giving life is struggling for her existence. Now, it is considered one of the most polluted rivers in India. It was the Stockholm Conference (1972) which caused the amendment in the Constitution of India and various laws relating to environment were come into existence. The Constitution of India deals with the protection of environment including rivers.5 Apart from the Constitution of India, the Indian Penal Code1860, the Criminal Procedure Code1973, Torts, the Environment (Protection) Act1986, the Water (Prevention and Control of Pollution) Act1974, the Water (Prevention and Control of Pollution) Cess Act1977, the Water (Prevention and Control of Pollution) Cess (Amendment) Act2003, the Water (Prevention and Control of Pollution) Rules1975, the Water (Prevention and Control of Pollution) Cess Rules1978, the Water (Prevention and Control of Pollution) Rules 2011, the Indian Easement Act1882, The Indian Fisheries Act1897, the North India Canal and Drainage Act1873, the Factories Act1948, other Local Laws etc. deal with the provisions which can be used to curb pollution in Yamuna River. Recently To save Yamuna, the Uttarakhand High Court declared the Yamuna living entities, bestowing on them same legal rights as a person, a move that could help in efforts to clean the pollution-choked rivers. The order also ends the five-day reign of New Zealand‟s Whanganui River as the only one in the world to be granted living entity status. The court‟s order will allow complaints to be filed in the name of the two rivers, held sacred by millions of Hindus. It also gives the Centre eight weeks to set up boards for cleaning and maintaining the rivers6.However it has been stayed by the Supreme Court. The water of Yamuna is of "reasonably good quality" through its length from Yamunotri in the Himalayas to Wazirabad in Delhi, about 375 kilometres, where the discharge of waste water through 15 drains between Wazirabad barrage and Okhla barrage renders the river severely polluted after Wazirabad. There are main sources of pollution in the river, namely households and municipal disposal sites, soil erosion 3 https://en.wikipedia.org/wiki/Yamuna visited on 23/6/2017. 4 Ibid. 5 Articles 21, 48A, 51A(g), 32, 226 of the Constitution of India. 6 The Hindustan Times, New Delhi date22/3/2017 http://www.hindustantimes.com/india-news/uttarakhand-hc-says- ganga-is-india-s-first-living-entity-grants-it-rights-equal-to-humans/story-VoI6DOG71fyMDihg5BuGCL.html visited 23/6/2017. resulting from deforestation occurring to make way for agriculture along with resulting chemical wash-off from fertilizers, herbicides, and pesticides and run-off from commercial activity and industrial sites.7A new study has revealed that the Yamuna River in Delhi has almost „died‟ - and there are no signs of healing as even after treatment, the water remains toxic and unfit for any purpose. After passing Delhi, it enters in Haryana again, in Faridabad district that is known for Industrialization. It contributes in pollution in already died Yamuna. Then it enters in Palwal district comparative small district create less pollution. After that it enters in holy city Mathura. In Mathura, the polluted effluents from hundreds of sari-dyeing units discharged in the river have only compounded the problem. After the construction of the Gokul Barrage, the river has distanced itself from the historical Gokul ghats. This obviously causes deep resentment and angry outbursts. "The water is not fit for a holy dip or aachman. Those who dare to enter the Yamuna downstream of Gokul Barrage return complaining of an itching and burning sensation," according to a panda of Mahavan Radhey Guru.8 Like others cities, Agra is also contributing in polluting Yamuna river. In Agra untreated waste is being drained in Yamuna. The Yamuna, by the time it flows through Agra, has nearly 50 times more biochemical oxygen demand (BOD) than the permissible limit. The Central Water Commission (CWC) has declared that the river water at Agra is safe neither for irrigation nor for domestic use. Water in the river, now polluted beyond repair, an official said, is also contaminating ground water.9 The Condition of Yamuna is miserable and it has almost died. It has convert only in seasonal river. Though the various legal provisions are available and the govt. has spent Rs.4000/- crores on Yamuna Action plan, no improvement is seen. In my research, I shall try to find out solution of following questions. 1. What are the causes of pollution in Yamuna? 2. How Polluted Yamuna does adversely affects human health? 3. What is the role played by Central Government and State Governments in preventing and controlling the problem of pollution in Yamuna? 4. What is the role played by Central Pollution Control Board and State Pollution Control Boards in preventing and controlling the problem of pollution in Yamuna? 5. How much is the Legal Mechanism effective to stop pollution in Yamuna? 6. Is there any need to change/amend in provisions of Law for implementation? 7 Supra 3 8 The Times of India, New Delhi dated7/6/2014.
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