P1 - Pagenumber
P1 - Pagenumber
2583-0384
VOLUME 4 || ISSUE 1
2024
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ISSN: 2583-0384 LEGAL LOCK JOURNAL VOL. 4 ISSUE 1
ABSTRACT:
Humans have a complex relationship with water. At least 3.3 billion people rely significantly
on marine products for sustenance as it supplies fresh water, oxygen, moderate climate,
influence weather, and even connect every form of pollution and environmental harm.
However, there is a need to protect and preserve the marine environment. This article mainly
focuses on highly tropical problems such as marine plastic pollution, oil spills that happened
in past years, and pollution from land bases sources resulting in harming marine life and their
ecosystem. Here we report using principle of common heritage of mankind and various
international agreements, treaties and conventions ratified by the Parliament of India as the
Judiciary is showing keen interest in the environmental issues affecting various aspects of the
life of human beings passed appropriate orders, directions and writs against persons adversely
affecting the environment and the need for protection of this ecosystem has been
acknowledged worldwide and UNCLOSE 1982 prescribe the responsibility on the coastal
states in preserving and protecting the marine and environment and associated resources.
The research uses a mixed methods approach, including both doctrinal and non-doctrinal
approach, to comprehend the subtleties of marine environmental protection. First, a thorough
literature analysis examines previous research on marine pollution in order to identify
historical and societal trends that have influenced the current situation.
When regional approaches are being made for a healthy environment by addressing the
problem of marine activities causing marine pollution the objective can be achieved easily.
National and international level attempts are being made to establish Marine Protected Areas
(MPAs). We would also discus about several legislative initiatives for ocean conservation to
address the issue of marine environment pollution.
This observation also found a significant barrier to the field of marine environment protection
is a lack of public awareness, which has to be addressed adequately.
1
The Author, is a 4th B.Com.LL.B (Hons.), School of Excellence in Law, TNDALU.
2
The Co-Author, is a 4th B.Com.LL.B (Hons.), School of Excellence in Law, TNDALU.
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INTRODUCTION:
We have forgotten how to be good guests, how to walk lightly on the earth
as its other creatures do. – Barbara Ward
The above words indicate that human's interaction towards nature is diminishing in the past
few decades. Environmental pollution, destruction, increase in sea level, failure of monsoon
has seriously threatened, human life and health. But a proper balance of ecosystem is
necessary for the current situation. The one solution to tackle the existing problem is
sustainable development or to implement the existing laws effectively. In India since the
ancient times i.e. the Vedic period it has been the main objective of human kind is to protect
and preserve the environment and the five elements of nature called the Pancha Mahabhuta,
i.e, Prithvi (Earth), Jal (water), Agni (Fire), Aakasha (space) to live in harmony with the
surrounding environment and various creatures inhabiting the earth.
MARINE POLLUTION:
The phrase “blue economy,” which has gained popularity in the last ten years, refers to an
endeavour to acknowledge and manage the risks that come with an economy around the
ocean, while also trying to capitalise on the potential it presents. It's basically the ocean
version of the “green economy,” a decarbonised, regenerative, and more just economic
structure. The 'blue economy’ gained prominence at the 2012 UN Convention on Sustainable
Development (UNCSD), or Rio+20 conference, when small island developing states began
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emphasising the importance of the ocean and marine economy in response to land-focused
calls for a ‘green economy’.3
Six origins of marine pollution have been distinguished in the UNCLOS Convention. The
major danger to the oceans is contamination from land-based sources. These include
municipal,
engineering and farming wastes which get in touch with the ocean from rivers, estuaries,
pipelines and outfall constructions.4 The second pollution source is offshore seabed action
like drilling for oil, which has created new hazards in recent decades where recent demand
for offshore oil and gas resources has speedily increased throughout the world. The other
sources include nuclear water plants, factories releasing cooling water, pesticides applied to
farmland flowing into river with rain which finally reaches the ocean which often resulting
disadvantage to marine life and people depending on it.
3
Silver et al. 2015, Dornan et al. 2018.
4
See UNCLOS Convention; Art 207-12. (1969).
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terrestrial, freshwater, coastal and marine ecosystems. Its aim is to sustain action to prevent,
reduce, control and eliminate marine degradation from land-based activities. Every five years,
Intergovernmental Review Meetings (IGR) are held to assess how well each country is
implementing the GPA through its national action plan and to offer guidance on any future
implications.5
5
UNITED NATIONS INFORMATION PORTAL ON MULTILATERAL ENVIRONMENTAL
AGREEMENTS, Unit 5, Land based source of marine pollution.
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The International Maritime Conference in Washington, D.C., adopted the first international
treaty on oil pollution in 1926. Nevertheless, this proposal was not approved. There are no
specific global environmental conventions that clearly govern marine contamination,
especially when it involves oil. A number of international law articles take this type of
pollution into consideration. Yet there aren't many restrictions on this matter in the
international conventions. After the Stockholm declaration which addressed the issue of
human and living organisms living under the sea 's health are in danger because of the
substances that spilled into sea and stressed the view on liabilities and penalty for doing such
acts, Geneva convention of 1958 addressed a few regarding this issue and made another
important convention for UNCLOS (United Nations Convention on the Law of the Sea).
The UNCLOS Convention provides that “States shall co-operate on an inclusive basis and,
as apposite, on a regional basis, directly or through capable intercontinental organizations,
taking into account attribute provincial features.”6
Insofar as values for combating pollution are concerned, the UNCLOS Convention calls upon
states “acting especially through competent international organizations or diplomatic
conference” to “endeavour to establish global and regional rules, standards and recommended
practices and procedures to prevent, reduce and control pollution.”7
Following these there were several other conventions that had been made for protecting and
regulating the maritime environment and marine shipping. Some notable conventions are,
6
UNCLOS Convention, Art. 237.
7
Epstein PR, Sherman B, Spanger-Siegfried E, Langston A, and Prasad S, Marine ecosystems: Emerging
diseases as indicators of change, The Centre for Health and the Global Environment, Harvard Medical School,
85 p. (1998)
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Convention on the Intergovernmental Maritime Conductive Organisation.
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Since, IMO addressed vessel-based marine pollution prior to the negotiation of UNCLOS, the
Law of Sea did not elaborate operational controls for vessels, instead referring to standards
established by the "competent international organisation," in this case the IMO.9
9
Ward JR, Lafferty KD (2004) The Elusive Baseline of Marine Disease: Are Diseases in Ocean Ecosystems
Increasing? P. 120.
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Work by the IMO on vessel accidents and emergencies that threaten the marine environment
led to development of the International Convention on Oil Pollution Preparedness, Response
and Cooperation (OPRC) adopted in 1990, which came into force in 1995. It was followed by
a Protocol relating to hazardous and noxious substances (OPRC-HNS Protocol), which was
adopted in 2000 and entered into force in 2007.
The OPRC-HNS Protocol applies to any substance other than oil that, if introduced into the
marine environment, is likely to pose a threat to human health, affect living resources and
marine life, damage amenities, or interfere with other lawful uses of the sea. It guarantees that
readiness and response protocols are similar to those already in place for oil incidents.
LANDMARK JUDGEMENT:
MC Mehta V. Union of India (Kanpur Tanneries case)11
10
Article 21, Constitution of India.
11
In M.C Mehta vs Union of India, AIR1988 SCR 538.
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MC Mehta an advocate who's also an activist filed a writ petition enlightening the pollution
in river Ganges. Further, the court ordered the various tanneries to wind up. And also
highlighted that how industries are not eligible to exist when it cannot pay minimum wages,
if one industry which couldn't set up a primary treatment plant also not permitted to be in
existence.
S. Jagannath V. Union of India & Ors.12
As the decrease in resources of sea and pollution was increasing in the marine environment,
UN conference on human environments in Stockholm, 1972 uttered its serious concern and
ordered other nations to take necessary action on pollutants.
Vellore Citizens Welfare Forum V. Union of India and Others.13
The petitioner organisation was concerned about water pollution resulting from the discharge
of untreated effluents by tanneries and other industries into river Palar in the State of Tamil
Nadu, which was a source of drinking water supply. The Supreme Court directed the
constitution of an authority under the Environment Act to deal with the situation created by
the tanneries and other polluting industries in the State. The authority was also directed to
frame and execute scheme(s) for reversing ecological/environmental damage caused by
pollution in the State. It also imposed pollution fine on all the tanneries, and ordered the
closure of tanneries that fail to pay the fine.
Indian Council for Enviro-Legal Action V. Union of India and Others.14
In this particular case it was alleged that water in wells and streams in village Bichhri in
Udaipur district in the State of Rajasthan had become unfit for consumption as a result of
disposal of untreated toxic sludge from an industrial complex located within the limits of the
village. The Supreme Court held that the respondents were absolutely liable to pay
compensation for the harm caused by them to the villagers in the affected area and
surrounding areas as well as to the environment.
M. Nizamudeen V. M/s. Chemplast Sanmar Limited and Others.15
The Ministry of Environment and Forests (MOEF) granted environment clearance to the
project proposed by Chemplast for manufacturing Poly-Vinyl Chloride (PVC) and to install a
Marine Terminal Facility ('MTF') near the seashore for receiving and transferring Vinyl
12
S. Jagannath Vs. Union of India & Ors [1996] INSC 1592 (11 December 1996), 1996 Latest Caselaw 1036
SC.
13
Vellore Citizens Welfare Forum v Union of India and Ors, AIR 1996 SC 2715(India).
14
Indian Council for Enviro-Legal Action v Union of India and Ors, AIR 1996 SC 1446(India).
15
M. Nizamudeen v M/s. Chemplast Sanmar Limited and Ors, AIR 2010 SUPREME COURT 1765, 2010 (4)
SCC 240, 2010 AIR SCW 1937, 2011 BOMCRSUP 127, (2010) 1 WLC(SC)CVL 468, (2010) 4 MAD LJ 333.
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Chloride Monomer (VCM) from the ships to the PVC plant through underground pipeline
under the provisions of under the provisions of Coastal Regulation Zone Notification, 1991.
Chemplast made an application to the Executive Engineer, PWD, seeking permission for
carrying seawater and raw materials through pipelines laid 3.50 meter below the riverbed.
The Executive Engineer granted permission but in less than a month cancelled the aforesaid
permission observing that VCM may cause pollution and health hazard to the public.
The Madras High Court set aside the order of the Executive Engineer revoking the
permission granted; it was then that the appellant filed PIL before the High Court praying
therein that the order granting permission by the Executive Engineer be quashed and
Chemplast be directed to forebear from laying of pipelines for drawing VCM raw-material
from jetty to their plant. The petition was dismissed.
The first question which the apex court analysed is whether Uppanar river and its banks at the
point where pipelines pass, fall in the CRZ III area. In that case the pipelines crossing
underneath Uppanar river would require environmental clearance. The other main question to
consider is whether paragraph 2(ii) of 1991 Notification restricts transfer of VCM (hazardous
substance) beyond port area to the PVC plant through pipelines. According to the Court,the
permission granted to Chemplast by the MOEF is in exercise of the powers conferred under
paragraph 3(2)(ii) of 1991 Notification, thus held no illegality in the permission granted by
the Executive Engineer, as Uppanar river and its banks at the relevant place where the
pipelines laid by the Chemplast pass do not fall under CRZ III area as per 1996 Plan for the
purposes of demarcation and classification of CRZ area in the state of Tamil Nadu, and no
environmental clearance is needed for such pipelines. Appeals are dismissed.
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protection marine environment from oil spillage it would also be betterment for the human
living around such an environment.
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For “why is it needed to be protected?” 38% of people have said that it should be protected
for Organisms living under sea and 10% of people say it for global warming and some of
them have said that to maintain ecological balance and for the betterment of the whole
biodiversity.
SUGGESTION BY PARTICIPATED PEOPLE IN SURVEY:
- Most of the people were insisting on getting rid of single use plastics and regulating the
proper waste management.
- Regulating proper regulations on disposal of industrial emissions and waste
- Preventing global warming with required measures
- Implementing the existing laws in an effective manner and bringing stringent punishment to
the offenders thereon
- Promoting sustainable fishing practices where in controlling the limit of fishing and
reducing habitat destruction
- Creating awareness among the people about the provisions available thereby
- People should be educated about the consequences of the plastic debris in the sea , which
are hazardous to organisms living in the sea.
- Stringer provisions and proper execution of those.
- Banning/suspending the vessel or tankers which may seem to cause the accident.
- The stoppage of dumping the waste should start from small water bodies which will
eventually end up in the ocean.
SUGGESTION:
This paper suggests seven key actions to assist states and international organisations in
supporting and improving humanity’s diverse relationships with the ocean by fostering
participatory democratic governance:
1. humanise the new ocean narrative by focusing economic development on the
objective of increasing human well-being.
2. Encourage diversity and inclusion within the sustainable maritime economy.
3. Collaborate with a diverse group of ocean allies, including small-scale fishermen,
community elders, social and environmental activists, indigenous people, and women
working in the maritime sector to protect marine habitats.
4. Increase the capability of meso-level institutions below the national government and
above the individual citizen-consumer.
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CONCLUSION:
Our oceans and seashores supply living space and they directly and indirectly create money,
including millions of jobs in industries such as fishing, aquaculture, and tourism. The marine
environment includes the water of the ocean, the seabed, its subsoil, all marine life of the sea
and coastal habitats. Marine resources are the precious assets and heritage that must be
protected, conserved and properly utilised. The human relationship with the ocean is diverse
and complex. It gives food in the form of fish and shellfish it is used for transportation for
both travelling and shipping for commercial purposes. It is mined for minerals e.g. salt, sand,
gravel, and some manganese, copper, nickel, iron and cobalt can be found in the deep sea and
drilled for crude oil. The ocean indirectly contributes to the process of eradication of carbon
from the atmosphere and providing oxygen which regulates earth's climate. The ocean also
provides resources for biomedical organisms with huge potential for fighting disease and
much more. Therefore, a clean healthy and safe marine environment is a part and parcel of
the basic human right to live a healthy and fulfilling life.
Despite the fact that several laws have been enacted to safeguard biodiversity, appropriate
implementation and public awareness remain essential. Exploiting marine biodiversity is
necessary, but it must be done sustainably. The precise records of marine life and changes
must be carefully kept. The Indian Ocean Biogeographic Information System (IndOBIS) and
Census of Marine species programs have been created to consolidate all information about
marine species and changes occurring beneath the sea. It made available through a portal and
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