Pollution: its kinds and causes

By – Aishwarya Gaurav

BBALLB, 5TH YEAR

Introduction
Environment and development has always been a conflicting issue. Environmental
degradation has led human life more dangerous more struggling and of course uncertain.
Development on the other hand is vital for advancement of human life pleasures and more of
them for basic necessities of human survival. A fine balance has to be made in between two,
unbalancing approach and carelessness of human has led to the massive environmental
problems. Pollution is one among them.
Pollution nowadays has become major challenge before human race to be dealt with.
Measures so far are diligent however not effective. Pollution a resultant of the human greed,
it has now become a big issue for everyone including people, environmentalists, governments
and scientists etc. not only for humans it has very ill effect on animals, flora and fauna.
The global Data and reports on pollution and environmental degradation are really scary. As
per the world Health Organization (WHO), 12.6 million people died in the world just because
of Environmental causes1.
The causes of the pollution needs to be carefully examined and to be dealt with utmost
caution and planning. Eliminating or one can say fighting and limiting pollution is the want
of time and vital for survival of humans. Mahatma Gandhi had said once and I quote “earth
provide everyone for its need but not for anyone’s greed”2.
Pollution can be curbed down or controlled through efforts of each and every country, every
single individual and diligent and planned development.

Pollution: a study of definitions

1
World Health Organisation, available at: unenvironmental.org/interactive/how-to-beat-pollution (visited on
September 09, 2019).
2
Indu Gupta, ”Sustainable Development : Mahatma Gandhi” vol 8,OIDA International Journal of Sustainable
development, 2015
 Pollution has not be defined as such in any statute or any law so far in India. However in
various books and digests it has been explained in different words and through distinguished
illustrations although the essence of all such definitions are same.

Pollution simply means contamination or mixing of odd particles to the general composition
of environment. Basically whenever any chemical, physical or biological substance mixed up
with the environment and changes its own configuration causing ill effect to the environment
and of course to the individuals residing in.

As per the Britannica the word pollution has been defined as the addition of any substance
solid, liquid and gas or any form of energy either heat sound or radio activity to environment
in a rate faster than it dispersed, diluted or decomposed or stored in some harmless form3.
This definition of pollutions explains both the traditional pollution caused by solid, liquid and
gas as well as modern form of pollution including heat, energy and radioactivity. One can
consider such definition as accurate and worth use.

Pollution is basically disturbance to the natural constituents of environment. Through outside

sources interruption is caused to the composition of the environment causing irreparable
damage to this awesome environment.

International concern on pollution

International community has a major concern on the protection of environment as to its
protection from pollution.
The Stockholm declaration was the first major initiative towards the protection of
environmental pollution. It is also considered as the Magna Carta on human environment4.

It was held in 1972 in Stockholm, Sweden. It was the first conference on human environment
and was attended by majority of countries. In Stockholm declaration pollution was
considered as a major challenge to the human environment and countries ratified to take
preventive and controlling legislations in their respective countries.

Secondly, Rio declaration was held and focused to eliminate global pollution and other issues
in the environment. It was held in 1992 and was praised and ratified by majority of countries.
Other than these two major declaration there are endless conventions, declarations and
treaties on global stages. And each country unanimously shown concern to curb pollution.

India and pollution control

India always have a positive attitude towards the environmental protection and controlling
pollution. In 1972 Stockholm declaration, then Prime Minister Smt. Indira Gandhi
participated and represented India. The pollution control and preservation can be broadly into
two categories as:-
 Protection under Indian constitution.

3
https://www.britannica.com/science/pollution-environment , (visited on 10.09.2019)
4
S.C. Shastri, “Environmental law” pg. 55 (eastern book company), 5th edition, 2016
  Protection under other laws.

1. Protection under Indian Constitution: - The constitution of provides the protection

and preservation of environment through its Fundamental Rights, Directive Principles
of State policy and through the Fundamental Duties. Article 14, article 21, article 19,
article 48a, article 51a of Indian constitution provides preservation of environment
and control pollution. Article 32 and 226 of Constitution of India provides remedy of
writ and PIL in case of degradation to the environment. Supreme Court of India in a
leading case held that “Right to pollution free” environment is the part of right to life
of individual and hence state is bound to provide a pollution free environment5. In
another case of M.C.Mehta v. Union of India6 Honourable Supreme Court observed
that “in order to achieve protection of life, in order to protect environment, in order to
protect land, air and soil from pollution, this court through its various judgement has
given effect to the rights available, to the citizens and other person alike, under Article
21 of Constitution”.
2. Protection under other laws: - Briefly the protection and control of pollution under
other laws can be categorised under the following heads.
 Common law- under common law various remedies and punishment has been
prescribed under heads of nuisance, negligence, trespass and strict liability.
 Criminal law- under criminal law various provisions has been provided under
Indian Penal Code,1860 in sections 268, 290, 270,278 etc. Also under
criminal procedure code, 1973 section 133 deals with pollution control.
 Factories Act, 1948- sections such as 12, 13, 14 etc. provides for pollution
control under the said act.
 Public Liability Insurance Act, 1991 – this act provides for the absolute
liability and vicarious liability on the polluting industry.
 Other legislation such as Air pollution (prevention and control) act, 1974,
Water pollution (prevention and control) Act, 1974 etc.
 Concepts such as Polluter Pays Principle, precautionary principle also led to
the protection of environmental from pollution.
In case of Oleum gas leak case7, The Supreme Court has formulated the concept of
No fault liability.

Kinds of environmental pollution: -

The kinds of environmental pollution can be classified in two heads as follows –
1. Based on the source of emission –

5
Subhash Kumar v. State of Bihar AIR 1991 SC 420
6
AIR 2000 SC 1997
7
M.C. Mehta v. Union of India, AIR 1987 SC 982
  Point sources- those pollutants in which the emitting point of the polluting
source is visible. As in case of chimney, the emitting point can be seen by any
person. This is easy to clean and purify and hence easy to prevent and control.
 Non-point sources- those pollutants whose emission point cannot be viewed
and hence one cannot ascertain the real point of emission. This kind of
pollution is hard to be prevented. Ex- soil pollution, pollution through
fertilizers.
2. Based on the contribution of nature and man-made8-
 Natural pollution – nature through its divine acts also cause and contribute
to the pollution through natural calamities and disasters. Such calamities
cause to the widespread loss and convey pollutants with them. Such
disasters includes flood, earthquake, cyclone, bogs etc.
 Man-made pollution – As the name suggests the pollution is caused by
humans or the root cause of pollution is created or instigated by the humans
itself. It includes noise pollution, water pollution etc.

Man-made pollution –
Man-made pollutions are of various kinds and can be briefly explained as follows-

 Air Pollution – Air is made up of various heterogeneous mixture of gases, it

has its own composition and when some other substance is contaminated in
the air and affects it adversely then it is said to have caused Air Pollution. It
results in the breathing problems, blood pressure itching etc.
 Water Pollution- like Air Pollution, when any substance is contaminated in the
water and affects it adversely by changing its odour, taste or colour. Water
pollution is really a major concern for the world today. Water is vital for
human survival.
 Land Pollution- land pollution means the divesting of land resource from its
natural use. Either it is through deforestation or through any other means.
Land pollution has caused serious issues such as shortage of food grains,
cultivating lands and grazing lands.
 Noise Pollution- noise pollution acts as an indirect effecter on environment
and human health. It is the unwanted and unwarranted sound which cause
annoyance to any person and led to hypertension, restlessness and many other
diseases. Noise pollution can also be classified as man-made (including horn,
vehicles etc.) and natural (including volcano, storm etc.)
 Radiation and Radioactive Pollution- this is very new concept with is
resultant of the advancement of nuclear and atomic race. X-ray radiation and
other mechanical wastes are contributing significantly to it.
All these types of pollutions are quite dangerous and cause a lot of diseases. They also cause
ill effect on physical as well as mental health of individuals.

8
S.C. Shastri, “Environmental law” pg. 28 (eastern book company), 5th edition, 2016
Prevention of pollution is much better than compensating and controlling the pollution. The
better prevention can be taken up after knowing the causes of the pollutions.

Causes of pollution: -
There are a number of causes which contaminate in the natural environment and lead to the
environmental pollution. The contaminate particles or substances are known as pollutants and
it includes smoke, noise, wastes, untreated sewage water, radioactive particles etc.
The major cause of pollution are as follows: -
1. Unplanned urbanisation- there exists a trend of internal migration of people
from all places to selected cities and towns. The purpose of such migration are
either Education, Jobs, poverty, lifestyle etc. such overburdened place leads to the
increase in the pollution. The more people will visit a place, it becomes crowded
and causes serious issues of land, noise, water and almost all form of pollution.
2. Industrialisation- for development, industries are vital. But from environmental
concern industrialisation leads to degradation of environment. Industries generate
huge amount of solid, liquid and gaseous substances which finally enters into and
get contaminated to the outside environment.
3. Domestic sewage- the domestic sewage is the root cause of water pollution. There
has been no any treatment plan in most of the developed or developing nations.
Domestic waste is a continuous thing and it leads to the emission of various gases
in the environment.
4. Pesticides and chemical fertilizers- the use of pesticides and chemical fertilizers
are causing land and water pollution. The pesticides are not good for humans or
any animals. Increase in the use of pesticide is leading to the change in the quality
of land and it also helps in expanding of water pollution.
5. Population growth- it is the most important cause of pollution. The number of
individuals are increasing and this is leading to the over and over exploitation of
natural resources. The exploitive use changes the coarse, structure and
composition of natural resource. For curbing the polluting, the population growth
must be stopped and limited.

Conclusion: -
Article 21 of Indian Constitution provides each and every individual right to life. As per the
various judgments it is crystal clear that the right to have free environment is part of
Fundamental Rights. Population is a big issue in this contemporary world. State is liable for
the prevention and controlling the pollution. But along with the government, citizens must
also help in the pollution control. Pollution of every form must be controlled and prevented.
The causes needs to be minimised and steps must be taken in this regard. Pollution-free
environment is vital for human survival and protection of the biosphere. Unless it will lead to
global warming, melting of glaciers, destruction of monuments and lastly an end to the
civilisation.