Environment plays a pivotal role in human life as well as in development of society. Men need not mythological trace heaven somewhere else, and are under complete bondage of earth and nature’s bounties. Saint’s and monks transmitted throughout the massage of ancient scriptures. Preaching of Gautama Buddha and Mahaveer revitalized invaluable equation of the nature towards human beings. In fifteenth century, great saint tukarram propagated that trees and plants are our kith and kin. Manu had advised people not to disturb the quality of water and to contaminate the same by human wastes, urine, stool, coughing, impious objects, blood and poison contamination of water is as a sin, visited with penance, out costing fine, etc. to Mahatama Gandhi, the nature has been the repository of human spirit. Pandit jawahar lal Nehru believed that Himalayas have always been part of our history, tradition, thinking and worship. So, how one can think of degrading and contaminating our ‘nature’, words worth to say “what man made of a man little do we see in the nature that is outs". Humanity’s rapid rate of consumption of natural resources has threatened the planet on which we survive, due to boundless greed or of deprivation. Both are highly destructive in nature as affluence and poverty are engaged in direct confront action with environment.

The present paper is an attempt to examine the problem of environmental pollution and legislative framework towards protection of environment, with the questions; whether the existing specific statutes are sufficient to tackle the environment problem? What are the loopholes in the present legal system?

Perceived Problem
During the last few decades menacing environmental degradation has become the global concern and has aroused the conscience of world polity and it has become the challenge for the present and future as well. The environmental degradation is the out-come of various development activities which have put a threat to the very existence of life.

The term environment owes its generis to a French word ‘environ’ means ‘encircle’ and encompass within it the land, air, water, noise, flora and fauna, living creatures, etc. the pollution of environment, which is a result of modern technological development, rapid growth of industrialization and urbanization, is now assuming dangerous proportions throughout the world and is being realized that the humanity has, is and continues, to pay a heavy price in terms of human, animal and plant life. In the nature of advancement the so called modern man has pursued economic development. Infect, it is the very industrialization that has led to the reckless exploitation of the natural resources. Industrialization causes not only air pollution, but water land pollutions too.

At present most of the rivers in the world are flowing with industrial effluents and toxic material. Industries located in the different parts of earth are mainly causing water, air and noise pollution. The tanneries in Uttar Pradesh, by discharging effluents into river Ganga, Yamuna and other rivers are polluting them; leading to the destruction of fish life on which poor families earn their livelihood. The water is rendered unusable for any domestic purpose. Unchecked plunder of resources will ultimately imperil all life forms on earth. We can see pollution on and around all parts of the earth.

Industrialization is the root cause of all environment stress which got impetus after thee World War II in 1939 industrialization causes emission of toxic gases, which led to global warming and acidic rain. Chemical spill into rivers, lakes and ocean till thousands of fishes, sea-animals, birds and deprive millions of people getting pure drinking water. India has established a well diversified industrial structure with a sizeable capacity in basic and heavy industry. Nearly 50 percent of the total industrial output in monetary terms in contributed by over two million small scale industries which also account for 60 percent to 65 percent of the total industrial pollution. Manufacture of poisonous and carcinogenic gases and toxic wastes cause death, and permanent damage to the health of many life. Tragedies, such as, Bhopal and Chernobyl are testimony to the environmental hazards. Every year, December 3 has marked as anniversary of the catastrophe that took place in Bhopal around midnight in 1984, an event that has been described without any hesitation as the worst industrial disaster ever befall in a peace time on civilian population. Nearly 20,000 people, by some accounts, have died in the intervening years since the catastrophe. The Indian council for medical research in Bhopal has concluded that the next three to four generations in Bhopal will ripple through due to unprecedented disaster in the form of spontaneous abortions and birth defects indeed the feature is poisoned. Thus, there is callous disregard for once abundant natural resources, careless disposal of wastes and unwillingness to safeguard basic environment rights of citizens.

The observation of Shrinath on urbanization and environment are also very significant. He observed, ‘environmental factors have been given too little consideration in the thinking on urbanization in India. Yet they are extremely important and their importance will increase urbanization. The levels of water and air pollution are already high in many cities, and they could increase to intolerable level with further increase in their population. Anyone familiar with large Indian cities is well aware of high level of air pollution, caused by smoke from domestic fires factories using coal as fuel and by motor vehicle exhausts. The high incidence of cough, breathlessness, and problems such as asthma, bronchitis, sneezing and nasal blocks among people in chamber area in Mumbai are attributed to constant exposure to high level of air pollution. Fears have been expressed about the effect of power plants and refinery emissions on targets ranging from human lungs to ancient monuments."

Industrialization and urbanization are directly linked with deforestation. The clearance of forests has disastrous consequences; forests are one of the means for maintain and preserving the ecology. The forests play a vital role in preserving the natural resources. It controls floods and protects wild- life. The various forest products in turn and ecology. The concentration of carbon dioxide has a direct relation with the forest. As a consequence of clearance of forest, certain species have become extinct.

To meet the requirement of the population we resort to the help of agriculture. The land area is defined and cannot be expanded. Consequently, to get more yields, we take recourse to various kinds of manners and to protect the crops, we use variety of insecticides and pesticides, which remain unused, rest on the soil and leave serious consequences. They impair the quality of the earth, and when the unused pesticides and percolate to the ground water with the help of the rain water, affects the quality of the ground water. Further, vehicular pollution or coal burnt pollution is power plants a project adds to the air pollution spoiling the environment.
As the environment problem goes beyond political and geographical boundaries, its control is impossible without international co-operation with this objective, the United Nations conference on human environment was held at Stockholm in June, 1972, to take appropriate steps for the preservation of the natural resources and control of environmental pollution. India, being a participant of this conference, implemented the decision taken by enacting three major acts such as water ( Prevention and control of pollution) Act, 1974; the Air (prevention and control of pollution) act 1981; and environment protection act, 1986, with the purpose to protect the improve the environment.

The Water (Prevention And Control Of Pollution) Act, 1974
As amended in 1988, is the first law passed in India whose objective was to ensure that domestic industrial pollutants are not discharged into rivers and lakes without adequate treatment. The reason is that such a discharge renders water unsuitable as a source of drinking water, for irrigation and support for marine life. In order to achieve its objective, pollution control boards at the central and state levels were created to establish and enforce standards for factories discharging pollutants into bodies of water. Under section 16 of the Act the main function of the the Central Pollution Control board shall be to promote cleanliness of stream and well in different areas of the states. The CPCB may establish or recognize laboratories for analysis of samples of water from any stream or well or from any sewage or trade effluents. In order to control the water pollution the SPCB has power to obtain information from any person, industry or establishment regarding system. Any person authorized by the SPCB shall have a right to enter any place for the purpose of performing any functions or for the purpose of examining any plant, record, register, document or any other material object or conduct research if that provides the evidence of the commission of an offence under this Act. This power of search and seizure should be exercised only at reasonable hours. No person shall knowingly allow into stream any matters which in combination with other matters impede the proper flow of water of stream resulting into substantial aggravation of pollution. Restriction can be imposed against a person establishing any industry or any treatment plant which is likely to discharge sewage or trade effluent into a stream or well, sewer or on land. An application for the consent of the SPCB can be made on payment of prescribed fees. The board must decide the application for the consent within the period of four months otherwise the consent shall be deemed to have been given.

If due to accident or other unforeseen act or event any poisonous, odious or polluting matter is being discharged or is likely to be discharged at any place where any industry, operation, process or any treatment or disposal system is being carried on, into a stream or well or sewer on land resulting into pollution, then the person in charge of such place shall intimate the occurrence of such accident to the SPCB and such other agencies or authorities as may be exercised. The board has power to make application to courts for restraining apprehended pollution of water in streams or wells. The court may direct such person to remove the pollution. If such a person fails to do so, the court may authorize the board to remove it and recover the expenses from the concerned person as recovery of arrears of land revenue. The board may issue directions to any person for closure, prohibition or regulation of any industry, operation or process; or the stoppage of regulation of supply of electricity, water or any other service. The directions issued by the board should not be based on extraneous nor should they be taken arbitrarily.

Under the water act different penalties have been prescribed for violating different provisions of the act. For failure to give information under section 20 of the act, the punishment is imprisonment which may be extended to three months or fine which may be extended to ten thousand rupees or both. In case failure continues, an additional fine which may be extended to five thousand rupees per day during the period of failure. For permitting any poisonous, noxious or polluting matter into any stream, well or land, the punishment shall be imprisonment for a term of one year and six months to six years and fine. If any person has been convicted earlier under this act and is again found guilty shall be punished with imprisonment for a term of two years to seven years and with fine.

The Air (Prevention And Control Of Pollution) Act 1981
The objective of the Air Act of 1981 is to control and reduce air pollution. The working of this act and the enforcement mechanisms are similar to that of the water Act. What is novel about the Act is that it is also called for the abatement of noise pollution.

The act provides setting up of Air pollution control boards at the center as well as in the states with power to issue and revoke licenses of polluting industries, enforce omission standards and to frame rules and regulations for the control of air pollution. The legislation is directed against polluting industries such as textile, power plants, iron and steel, cement, chemical fertilizers etc. and also against automobiles, railways, domestic fuel and other allied activities. The state government can declare certain heavily polluted regions as “Air Pollution Control Areas” after consulting with SPCB, where any further pollution would become a severe health hazard to the people. The state government in consultation with the SPCB is powered to give instructions. No industrial plant shall be operated in an air pollution control area without the prior consent of the SPCB.

Failure to comply with these conditions is punishable with imprisonment which may extend to three months or with fine which may extend too ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to one hundred rupees for every day during which such failure continues after the conviction of the first such failure. When in any air pollution control area the emission of any air pollution into the atmosphere is in excess of the standards laid down by the SPCB which has been caused due to accident or other unforeseen act or event, the person in charge of the premises shall forthwith intimate the fact of such occurrence to the state board or agencies as may be prescribed. On receipt of such information the state board and authorities shall be as early as possible take remedial measures which are necessary to mitigate the emission of such air pollutants, at the expense of the person concerned. Failure to intimate such occurrence is punishable with imprisonment for three months or with fine up to five thousand rupees or with both. The act also provides for entry and inspection by any person so empowered by the state board. Section 41 of the Act provides that where an offence has been committed by the government department, the head of the department shall be liable to be proceeded against and punished accordingly.

Environment Protection Act, 1986
The objective of the environment protection Act, 1986 is to protect and improve the environment in the country. It is an umbrella legislation that consolidated the provisions of the Air and the Water Act. It was environmental disasters that prodded the Indian government into passing comprehensive environmental legislation, including rules relating to storing, handling and use of hazardous waste. This Act empowered the Indian government to make necessary rules and regulations to fulfill its objectives. It is under this Act and its rules that the government takes all necessary steps such as the formulation of national environmental standards, prescription of procedures for managing hazardous substances, regulation of industrial locations, establishment of safeguards for preventing accidents and collection and dissemination of information regarding environment pollution. It also empowered the government to set up parallel regulatory agencies to protect coastal resources. The act provided for civil and criminal penalties for the violation of its pollution standards. For example, it imposes a penalty for non-compliance of standards with a fine up to Rs. 1, 00,000 or imprisonment up to five years or both. The court can take cognizance of an offence under these acts only on a complaint made by board or any officer authorized in this behalf by it or any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence, and of his intention to make a complaint, to the board or officer authorized as aforesaid.

Conclusion And Suggestions
To sum up, the environment pollution rate at present has crossed the deadline. The industrial pollution has reached the heights. It goes on increasing day by day. It remains out of reach of the law. There is a wide scope and need to improve the provisions of environmental acts which make them efficient and effective. After analyzing the present acts it is observed that they are full of lacunae. The first and foremost are the provisions regarding the cognizance of environmental crime by the court. Acc. To the section 49 of the Water Act, no person can make a complaint regarding environmental crime except who has given a notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint or by the board or officer authorized. The similar provision is made in the Air Act and the EP Act. Whereas section 190 of code of criminal procedure says, as a general rule, any person can make a complaint and the court can take the cognizance of any offence without a notice. Then why such a rule is equally not applicable to environmental crimes!? Why such an obstacle is created? Can we expect such notice in case of crimes like theft, murder, rape, etc? Environmental pollution is a gross of the sacrosanct and the most cherished human right to life. It is a serious offence against humanity. Then why such a hurdle is created in cognizance of environmental offences? It is neither justified and nor in conformity with criminal jurisprudence. The well known common law maxim ignorantia legis non excusat is applicable in India. Every person is presumed to know the law. The law is so complicated and vague that even the expert may not know, still the presumption of law is that he knows the law, though wide publicity is not given. Then why such a presumption is not applicable in case of environmental law, when a very wide publicity is given to environmental laws? The provision regarding sixty days prior notice for cognizance by courts is wrong and not justified; therefore it needs to be deleted.

Now we come to the second aspect, that is the boards under the Acts, are conferred by vast powers for prevention and control of pollution such as issuing directions, power of entry and inspection, filing of complaints, closure and regulation of industry or any unit, stoppage of electricity or water supply or any other services, etc. but the boards and authorities, under the Act, failed to take appropriate actions against the pollutions and had become dead wood. These are not under obligation to take proper step with in a particular time. Lastly the boards are bound by the directions issued by respective governments. They cannot work, independently in taking decisions. The boards perform quasi- judicial function, therefore, a sufficient independence is to be given to these boards. But unfortunately they work under the control of government having least interest in implementation of environmental policy and more interested in protection of interests of their clients, has become cold towards the environmental pollution control.

Therefore, it may be strongly suggested that, the environmental laws should be amended to the effect that:
1. Section 49 of the Water Act, Section 43 of the Air Act and Section 19 of the Environmental Protection Act should be deleted so that, any person can make a complaint to the court, without giving a notice of sixty days.
2. The pollution Control Board should be given sufficient autonomy so that they can act independently.
3. The Pollution Control Board should be brought under an obligation to act within a particular period, against the polluters without fail.
4. An independent body may be created to supervise the boards in prevention and control of pollution and promotions of healthy environment.
5. The awareness about environmental pollution and the laws should be wide spread with realization of serious effects of pollution on human life.
6. Last but not the least, the powers similar of the supreme court under Article 32 (2) should be conferred on some other courts with in the territory, so that there will be easy access to justice.

To sum up, it may be said that, very effective efforts have been taken by the judiciary in preservation and promotion of environment by interpreting the law favorably, but the intended objective remains unachieved due to the lacunae in environmental laws of the land.