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POLLUTION AND POLLUTER’S PAY-
AN ANALYSIS
VISHWA.B
ASHWAD ELANGOVAN
KABILAN.I.V
INTRODUCTION
• Pollution is the introduction of
harmful materials into the
environment.
• These harmful materials are called
pollutants. Pollutants can be natural,
such as volcanic ash.
• They can also be created by human
activity, such as trash or runoff
produced by factories.
• Pollutants damage the quality of air,
water, and land.
METHODOLOGY Doctrinal
Research
Non Emprical,
Collecting sources
from books and news
articles
Show
pictures and
samples of
adyar river
and the
polluted
areas,
Cases and Legal
Documents on
Polluter pay principle
Review of Literature
1. Okun, D. A., et al. “A Review of the Literature of: 1963, On Wastewater and Water
Pollution Control.” In this Article the author says.- An evaluation of conditions in the river
Lark following improvements. Diatoms population seen in Tapti river, Maharashtra studied by
(Narkhede and Ragothaman, 2007) were reviewed.
2. (Govindasamy et al., 2007) studied Impact of Municipal wastes on the river water quality of
river Palar, Tamilnadu
3. (Sheeba and Ramanujan, 2005) worked on Phytoplankton composition and distribution in
Ithikkara river, Kerala. And he was stated that Ithikkara
4. (Kavitha et al., 2005) in which they gave the information regarding to Genera like
Chroococcus, Anacystis, Oscillatoria , Microcystis, were recorded as pollution indicators.
5. (Sachidanandamurthy and Yajurvedi, 2004) was also worked on monthly variation in water
quality parameters of a perennial lake in Mysore City.
6. (Palmer, 1969) in his valuable review on algae as biological indicators of pollution found certain algae
tolerant to relatively raw sewage or organic waste
7. Studied algae as indicators of water quality by (Narkhede and Raghothaman, 2007) were also reviewed.
In some diatoms from Hathnur Dam, Tapti River by (Kavitha and Balasingh, 2007) were reviewed.
8. The impact of sewage on the phytoplankton communities of parvathy puthanar canal, Thiruvanthpuram
(Rajukumar and Rita kumari, 2004) were reviewed.
9. (Rai et al., 1981) studied phycology and Heavy Metal pollution. And Heavy Metal tolerance in algae
isolated from contaminated lakes near Sadbury (Stokes et al., 1973) reviewed.
10. In Toxicity of Heavy Metals to fresh water algae (Whitton, 1970) also reviewed.
11. (Goel, 1997). In which the authors have presented various types of water pollution and
the major sources and control of pollution.
12. (Will Rich and William Hines, 1967) ―Water pollution control and Abatement‖
13. (Gower, 1980) “water quality in catchments Ecosystem
14. (Khopkar, 2004),―Environmental Pollution monitoring and control‖ have also been
reviewed.
15. (Manahan, 1997) Studied certain algal forms grow in the special type of polluted water
and these species are characteristic features for the particular environment. These forms are
the indicator of water pollution.
OBJECTIVES
1. TO EXAMINE THE ASPECTS AND TYPES
OF POLLUTION WITH SPECIAL REFERENCE
TO THE WATER POLLUTION IN ADYAR
RIVER
2. TO GIVE A THOROUGH ANALYSIS ON
THE LEGAL IMPLICATIONS OF POLLUTION
LAWS IN INDIA
3. TO ENQUIRE ON THE POLLUTER’S PAY
DOCTRINE AND HOW FAR IT IS USEFUL
TODAY
Objective 1
• Types of Pollution
• Air Pollution
• Water Pollution
• Land Pollution
Air Pollution
• Air pollution is caused by solid and
liquid particles and certain gases
that are suspended in the air.
• These particles and gases can come
from car and truck exhaust, factories,
dust, pollen, mold spores, volcanoes
and wildfires.
Water
Pollution
Industrial Waste. Industries and industrial sites across the world are a
major contributor to water pollution
Marine Dumping
Sewage and Wastewater.
Oil Leaks and Spills
Agriculture.
Global Warming
Radioactive Waste
Land Pollution
Deforestation and Soil Erosion. Deforestation carried out to create
drylands is one of the major concerns
Agricultural Activities
Mining Activities
Overcrowded Landfills
Industrialization
Urbanization
Construction Activities
Nuclear Waste.
WATER POLLUTION
IN ADYAR RIVER
The long suffering residents of Chennai have been living with two dead rivers,
the Adyar and the Cooum, flowing through the heart of their city. These two
rivers meander sluggishly through the city carrying sewage and dangerous
pollutants. Besides these two rivers, there is the third one – the Kosasthalaiyar,
which flows in the northern end of the city and not as polluted as the other
two. These three rivers flow east towards the Bay of Bengal.
A river is considered dead when it is incapable of sustaining any form of life –
fish or aquatic plants, in it. This happens when the pollution level in the river is
so high that all the oxygen in the water is depleted.
The fresh water flowing through the Adyar and Cooum rivers are blocked
upstream of the city and diverted to storage reservoirs for the city. The rivers
also have sand bars blocking their mouth into the sea, thereby obstructing even
the tidal flushing action from the sea.
Objective 2
Laws to Prevent
Water Pollution
Water (Prevention
and Control of
Pollution) Act 1974
Section 3 and Section
4: Constitution of the
Central Pollution
Control Board and State
Pollution Control Boards
Section 13: Constitution
of a Joint Board.
Section 16: Functions of
the Central Board are
described, some of
which include:
Section 17: Functions of the State
Board
Section 19: If the State Board feels
that the provisions of this Act need
not apply to some parts of the State,
it may recommend the State
Government to do so.
Section 20: This section provides
power to the State Board to appoint
person(s) on its behalf to take
surveys of any area and gauge and
keep records of flow, volume and
other characteristics of streams and
wells to perform its functions
dutifully.
Section 33: This section gives power
to the Boards to appeal to the courts
to restrict certain actions, if it feels
that it is likely to cause harm to water
resources in an area. The court has
the power to decide for or against
such an application.
Polluter’s
Pay
Principle
Polluters Pay Principle is legally well recognized both
internationally and domestically.
But, that recognition is still very weak. The international courts
are not able to apply it easily as the content of the principle is
still not uniform and static, different interpretations make it
difficult for the courts to apply it.
Within Indian context, though the role of the supreme court has
been phenomenal in applying the principle, lack of statutory law
makes the situation ambiguous and a very big loophole is
created thereby.
Both these problems need to be addressed by making legal
recognition of the principle more concrete, both internationally
and domestically.
Conclusion
Polluter’s Pay must be a legally
enforceable
Those who polluted must bear the
consequences
Polluters pay must be applied to
people who pollute the Adyar River
Its duty of every person living nearby
to control pollution in Adyar River

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Pollution and polluter’s pay an analysis

  • 1. POLLUTION AND POLLUTER’S PAY- AN ANALYSIS VISHWA.B ASHWAD ELANGOVAN KABILAN.I.V
  • 2. INTRODUCTION • Pollution is the introduction of harmful materials into the environment. • These harmful materials are called pollutants. Pollutants can be natural, such as volcanic ash. • They can also be created by human activity, such as trash or runoff produced by factories. • Pollutants damage the quality of air, water, and land.
  • 3. METHODOLOGY Doctrinal Research Non Emprical, Collecting sources from books and news articles Show pictures and samples of adyar river and the polluted areas, Cases and Legal Documents on Polluter pay principle
  • 4. Review of Literature 1. Okun, D. A., et al. “A Review of the Literature of: 1963, On Wastewater and Water Pollution Control.” In this Article the author says.- An evaluation of conditions in the river Lark following improvements. Diatoms population seen in Tapti river, Maharashtra studied by (Narkhede and Ragothaman, 2007) were reviewed. 2. (Govindasamy et al., 2007) studied Impact of Municipal wastes on the river water quality of river Palar, Tamilnadu 3. (Sheeba and Ramanujan, 2005) worked on Phytoplankton composition and distribution in Ithikkara river, Kerala. And he was stated that Ithikkara 4. (Kavitha et al., 2005) in which they gave the information regarding to Genera like Chroococcus, Anacystis, Oscillatoria , Microcystis, were recorded as pollution indicators. 5. (Sachidanandamurthy and Yajurvedi, 2004) was also worked on monthly variation in water quality parameters of a perennial lake in Mysore City.
  • 5. 6. (Palmer, 1969) in his valuable review on algae as biological indicators of pollution found certain algae tolerant to relatively raw sewage or organic waste 7. Studied algae as indicators of water quality by (Narkhede and Raghothaman, 2007) were also reviewed. In some diatoms from Hathnur Dam, Tapti River by (Kavitha and Balasingh, 2007) were reviewed. 8. The impact of sewage on the phytoplankton communities of parvathy puthanar canal, Thiruvanthpuram (Rajukumar and Rita kumari, 2004) were reviewed. 9. (Rai et al., 1981) studied phycology and Heavy Metal pollution. And Heavy Metal tolerance in algae isolated from contaminated lakes near Sadbury (Stokes et al., 1973) reviewed. 10. In Toxicity of Heavy Metals to fresh water algae (Whitton, 1970) also reviewed.
  • 6. 11. (Goel, 1997). In which the authors have presented various types of water pollution and the major sources and control of pollution. 12. (Will Rich and William Hines, 1967) ―Water pollution control and Abatement‖ 13. (Gower, 1980) “water quality in catchments Ecosystem 14. (Khopkar, 2004),―Environmental Pollution monitoring and control‖ have also been reviewed. 15. (Manahan, 1997) Studied certain algal forms grow in the special type of polluted water and these species are characteristic features for the particular environment. These forms are the indicator of water pollution.
  • 7. OBJECTIVES 1. TO EXAMINE THE ASPECTS AND TYPES OF POLLUTION WITH SPECIAL REFERENCE TO THE WATER POLLUTION IN ADYAR RIVER 2. TO GIVE A THOROUGH ANALYSIS ON THE LEGAL IMPLICATIONS OF POLLUTION LAWS IN INDIA 3. TO ENQUIRE ON THE POLLUTER’S PAY DOCTRINE AND HOW FAR IT IS USEFUL TODAY
  • 8. Objective 1 • Types of Pollution • Air Pollution • Water Pollution • Land Pollution
  • 9. Air Pollution • Air pollution is caused by solid and liquid particles and certain gases that are suspended in the air. • These particles and gases can come from car and truck exhaust, factories, dust, pollen, mold spores, volcanoes and wildfires.
  • 10. Water Pollution Industrial Waste. Industries and industrial sites across the world are a major contributor to water pollution Marine Dumping Sewage and Wastewater. Oil Leaks and Spills Agriculture. Global Warming Radioactive Waste
  • 11. Land Pollution Deforestation and Soil Erosion. Deforestation carried out to create drylands is one of the major concerns Agricultural Activities Mining Activities Overcrowded Landfills Industrialization Urbanization Construction Activities Nuclear Waste.
  • 12. WATER POLLUTION IN ADYAR RIVER The long suffering residents of Chennai have been living with two dead rivers, the Adyar and the Cooum, flowing through the heart of their city. These two rivers meander sluggishly through the city carrying sewage and dangerous pollutants. Besides these two rivers, there is the third one – the Kosasthalaiyar, which flows in the northern end of the city and not as polluted as the other two. These three rivers flow east towards the Bay of Bengal. A river is considered dead when it is incapable of sustaining any form of life – fish or aquatic plants, in it. This happens when the pollution level in the river is so high that all the oxygen in the water is depleted. The fresh water flowing through the Adyar and Cooum rivers are blocked upstream of the city and diverted to storage reservoirs for the city. The rivers also have sand bars blocking their mouth into the sea, thereby obstructing even the tidal flushing action from the sea.
  • 13.
  • 14. Objective 2 Laws to Prevent Water Pollution Water (Prevention and Control of Pollution) Act 1974
  • 15. Section 3 and Section 4: Constitution of the Central Pollution Control Board and State Pollution Control Boards Section 13: Constitution of a Joint Board. Section 16: Functions of the Central Board are described, some of which include:
  • 16. Section 17: Functions of the State Board Section 19: If the State Board feels that the provisions of this Act need not apply to some parts of the State, it may recommend the State Government to do so. Section 20: This section provides power to the State Board to appoint person(s) on its behalf to take surveys of any area and gauge and keep records of flow, volume and other characteristics of streams and wells to perform its functions dutifully. Section 33: This section gives power to the Boards to appeal to the courts to restrict certain actions, if it feels that it is likely to cause harm to water resources in an area. The court has the power to decide for or against such an application.
  • 17. Polluter’s Pay Principle Polluters Pay Principle is legally well recognized both internationally and domestically. But, that recognition is still very weak. The international courts are not able to apply it easily as the content of the principle is still not uniform and static, different interpretations make it difficult for the courts to apply it. Within Indian context, though the role of the supreme court has been phenomenal in applying the principle, lack of statutory law makes the situation ambiguous and a very big loophole is created thereby. Both these problems need to be addressed by making legal recognition of the principle more concrete, both internationally and domestically.
  • 18. Conclusion Polluter’s Pay must be a legally enforceable Those who polluted must bear the consequences Polluters pay must be applied to people who pollute the Adyar River Its duty of every person living nearby to control pollution in Adyar River