Sunday, December 6, 2009

Section 74 (Generally)

Raw or inadequately treated sewage from millions of people still flows into our streams and waters. It is better to mention here that the net result on the basis of aforesaid discussion is that pollution would create dangerous germs etc. which are not good for the health of human beings, animals, birds and plants.
It is better to mention here that the net result on the basis of aforesaid discussion is that pollution would create dangerous gasses etc. which are not good for health of human being; animals, birds and plants.
It is pertinent to mention here that as a result of the industrial revolution the issue of population has become more serious:? They were crowded into cities and supplied with many more products and services. This led to a great increase in the problem of pollution. It is better and appropriate to mention here that Carbon mono?oxide is a deadly poison. It damages red blood cells of living beings. Oxygen is carried to all parts of the body by normal red blood cells: Carbon mono?oxide changes the red blood cells so that they cannot carry as much oxygen. Other cells in the body cannot produce the energy as they do not have enough oxygen. Some of the cells may die. If there is enough carbon mono?oxide in the air, it can make people dizzy, or unconscious, or it can kill them. Carbon mono?oxide is one of the most dangerous air pollutants. Industrial development on account of chemicals reactions, may change part of the fuel into tars and other kinds of chemicals. By passage of time, it is not known to every one that every moving part of the car slowly wears out. Iron, nickel, chromium and vanadium are among the air pollutants formed in this way. As the car moves along it rubs away part of the pavement. This sends asphalt and concrete into atmosphere as fine dust. Moving automobiles grind?up pieces of paper, wood, cloth and other rubbish. These all become dust. By development of science, we came to know that large quantities of poisonous solvents are used in factories where other chemicals are made. Poisonous solvent vapors get into the air from all these sources. Similarly copper burns when electric switches are opened or closed. Some metal, such as iron muss be heated to a very high temperature to melt them when they are framed into castings. Part of the metals burns and goes into the air as pollutants. Consequently, the tiny particles of asbestos can float in the air for many days. Anyone breathing air that has asbestos it gets some of the particles into his lungs. The development in the Nuclear Science tells us that nuclear power plants might also add radioactive pollutants to the air if there were an accident at the plant. Such nuclear power plants are usually built to generate electricity. Great care is taken to prevent any accidents. In addition, the wastes from nuclear power plants are carefully handled to avoid radioactive pollution. The chimneys and automobiles exhaust/send thousands of tons of carbon mono oxide into the air each day. The factory waste water does more than kill wafer organisms. It also makes rivers and lakes ugly. It spoils them for swimming and fishing. The water of the rivers or lakes may become poisonous to drink.
The Hon`ble Supreme Court has considered the problem of pollution in, case of Ms. Shehla Zia and others v. WAPDA (PLD 1994 SC 693). The relevant observation is as under:??
"Article 9 of the Constitution provides that no person shall be deprived of life or liberty save in accordance with law. The word `life` is very significant as it covers all facts of human existence. The word `life` has not been defined in the Constitution but it does not mean nor can it be restricted only to the vegetative or animal life or mere existence from conception to death. Life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally. For the purposes of present controversy suffice to say that a person is entitled to protection of law from being exposed to hazards of electromagnetic fields or any other such hazards which may be due to installation and construction of any grid station, any factory, power station or such?like installations. Under the common law a person whose right of easement, property or health is adversely affected by any act of omission or commission of a third person in .the neighbourhood or at a far off place, he is entitled to seek an injunction and also claim damages, but the Constitutional rights are higher than the legal rights conferred by law be it municipal law or the common law. Such a danger as depicted, the possibility of which cannot be excluded, is bound to affect a large number of people who may suffer from it unknowingly because of lack of awareness, information arid education and also because such sufferance is silent and fatal and most of the people who would be residing near under or at a dangerous distance of the grid station or such installation do not know that they are facing any risk or are likely to suffer by such risk. Therefore, Article 184 can be invoked because a large number of citizens throughout the country cannot make such disability. Only some conscientious citizens aware of their rights and the possibility of danger come forward and this has happened so in the present case.
The word `life` in the Constitution has not been used in a limited manner. A wide meaning should be given to enable a man not only to sustain life but, to enjoy it under our Constitution Article 14 provides that the dignity of man and subject to law the privacy of home shall be inviolable. The fundamental right to preserve and protect the dignity of man under Article 14 is unparalleled and could be found only in few Constitutions of the world. The Constitution guarantees dignity of man and also right of `life` under Article 9 and if both are read together question will arise whether a person can be said to have dignity of man if his right to life is below bare necessity like without proper food, clothing, shelter, education, health care, clean atmosphere and unpolluted environment. Such questions will arise for consideration which can be dilated upon` in more detail in a proper proceeding involving such specific questions.
These judgments go a long way to show that in cases where life of citizens is degraded, the quality of life is adversely affected and health hazards are created affecting a large number of people, the Court in exercise of its jurisdiction under Article 184(3) of the Constitution may grant relief to the extent of stopping the functioning of factories which create pollution and environmental degradation. "
The Hon`ble Supreme Court also passed, the interim order in such circumstances in re: "Pollution of Environment caused by smoke, Emitting Vehicles, Traffic Muddle (1996 SCMR 543) in the following terms:??
In order to streamline the process of checking as a first step in eliminating the pollution caused by the smoke emitting vehicles the following interim order is passed:

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