Explain the socio-economic factors controlling population density.

Urbanisation

Establishment of industries in the cities resulted in the accumulation of wealth. The property resulted in urban growth, because it attracted persons from nearby villages. The mass migration of persons to cities imposed following problems (i) Overcrowding, leading to the problems of rehabilitation, sanitation and sewage disposal. (ii) Transportation and associated traffic problems. (iii) Environmental pollution, generated by industrial activities and automobiles, (iv) Noise pollution, (v) Various socioeconomic and cultural changes and problems related to juvenile delinquency and crime.  The urbanization has utilized most of our fertile agricultural land for houses, industries, factories, government offices, schools hospitals and for constructing roads etc. This resulted in transport and import of necessary materials from nearby places. All these problems are socio-economic and increasing day by day. The man’s hunger for accumulation of wealth and to’ become supreme has resulted in blind competition of weapons and atomic energy. At present a few men or even one man can destroy the whole human race.

Urbanisation has also disturbed the pre-existing balance in the biosphere and has resulted in the population of those natural resources and air and water which support the world biota and which man utilizes himself. According to Geologists, man is gradually threatening its existence by disturbing the nature in an unplanned way for his physical comforts.

Demographic Factors

Factors that affect population, its growth, distribution and density are called demographic factors. The population (mortality), scarcity of food etc. are the demographic factors controlling the overall pattern of population density. These interact with the environment factors and determine the biotic potential of the population.
A population in its exponential growth phase shows a very high rate population increase. But once it becomes stabilised, the rate of population increase declines. The theory pertaining to such a population is called the Theory of Demographic Transition. A human population has witnessed the same demographic transition which is still exhibited by some of the underdeveloped and developing countries. It must have passed through the following phases in sequence.

1. In the initial growth stage human population has very high birth and death rates prior to.modern era. This is still found in Afganistan and Angola.
2. High birth and death rate in 18th century which are still seen in Pakistan, Indonesia and Bolivia.
3. Nigh birth and moderate death rate in the 19 century exhibited by populations of present day developed countries when these were developing and is seen at present in the presently developing countries like India and Morocco.

Define the term Population. What are the important characteristics of a population?

The world population is derived from the Latin word popular which means people. It is often used to refer human such as the human population in a city. But in the biological sense, a population is an assemblage of organisms (plants or animals) which belong to a single species or to several closely related species occupying a particular area, as for example, bullfrogs in a pond, grasshoppers in a field or pone trees in a forest. According to WYNNE EDWARDS (1965), a population is a self regulating system.

CLARKE (1954) has distinguished two types of population : (I) Monospecific with individuals of the same specific and (2) mixed or polyspecific with individuals of several species.

Characteristics Population – According to THOMAS PARK, a population has several characteristics or attributes which are a function of the whole group and not of the individual. These are —
1. Population density 2. Depression
3. Birth-rate 4. Dispersal
5. Death-rate 6. Biotic potential
7. Age-distribution 8. Population equilibrium
9. Growth form 10. Population fluctuations.

The rapid increase in population over the last four decades is referred to as population exploitation. This has been caused by:
(a) High birth rate
(b) Sharp decline in death rate.
This in turn has been caused by following factors
(i) Universal and early marriage in India.
(ii) Our ability to control famines and epidemics.
(iii) Improved sanitation and medical health facilities.
(iv) Ignorance about and lack of willingness to adopt birth control measures. .

What do you understand by Population Density?

Population density can be defined as the number of individuals per unit area or per unit volume. The units of population density differ in different cases, as for example, the number of squirrels per square mile, the number of earthworms or trees per acre and the number of diatioms per litre of water. When the individual size in a population Is highly variable, some type of biomass or live weight measured. is used as an unit of density. Thus the unit measurement varies for different types of populations.

There are two ways of expressing the population density, the crude density and the ecological density. The crude density is the total number of individual or biomass per unit of total area or total volume. Ecological density is the number of individuals or the biomass per unit of that area or volume which is actually inhabited by those individuals.

Explain the terms (a) Asian Brown Cloud. (b) Ozone Depletion and Indian law on Ozone Protection

(a) Asian Brown Cloud : Media reports by the United Nations Environment Programme (UT painted an alarming picture of “a vast blanket of s South Asia”. It was reported that the “Asian E i damaged agriculture, modified rainfall patterns — including the monsoon-  and put thousands of people at risk through mass-scale respiratory diseases. It says slowly spreading across the whole Asian continent and could have an impact on the climate of the world. However, the UNEPC commissioned report carried out by the Centre for Clouds, chemistry and climate has several caveats about the extent of current knowledge. Many of the findings in the report itself do not support many of the claims being made harmful effects.

It is the aerosols which create the pollution, and these aerosols may be either natural, such as desert sand and sea salt, or created by human activities such as burning wood and fossil fuels. The level and composition of aerosols vary greatly across seasons and from year-to-year. The UNEP report itself points out that the aerosol content in the atmosphere over the South Asian region builds up during October, peaks during February and March, decreases in May and June, and decreases even further during July to September because of the monsoon. So effects attributed to aerosols such as those heating up the lower atmosphere and reducing the amount of sunlight reaching the ground, would also vary enormously.

The UNEP report is largely based on the Indian Ocean Experiment
(Index), which conducted its field campaign in January to April 1999. That
fact restricts the UNEP report to findings in the dry season (December to
April). The vertical and horizontal distribution of aerosols in the period
May-November is not known. There are several inconsistencies.

According to the report, the largest fraction (32 per cent) of man made aerosols found during Indoex was composed of sulphates. A graph given in the report, however, clearly shows that sulphur dioxide emissions by North America, Europe, China, and East Asia were many times larger than those of South Asia.

The report’s executive summary says that “while green-house gases warm the surface and increase rainfall, aerosols exerted a cooling and drying effect”. But the results of computer simulations given in the report, however, show that rainfall over much of India during January to March would either remain unaffected or actually increase. The report speaks of “compensated drying” during the wintertime over areas north-west of India and over the western Pacific.

Moreover, the January to March period covered by these computer simulations is after both the south-west monsoon (June to September) and the North-east monsoon (October to December). For India, the average nationwide rainfall for the entire January-March period is only about 12 cm, just 5 per cent of the total annual rainfall. So even if in percentage terms a major shift were to occur, in absolute terms the change would be quite small and its consequences, therefore, less worrisome. There is no evidence the south-west or north-east monsoons would be affected.

As for the effects on agriculture, the Wheat Growth  (WTGROWS) model, when run for the index event for different wheat regions of India showed only a slight, but “statistically non-significant decrease in yield. For rice, the report suggests that there might be a reduction in yield of the rabi crop.

 

(b) Ozone Depletion and India Law on Ozone Protection: The Sun emits radiation over a broad range of wavelengths, to which human eye responds in the legion from approximately 400 nm to 700 nm. The range can be divided into three categories:

UVA (Ultra violet) – (320-400 nm) not absorbed by ozone.

UVB — (280-320 nm) partially absorbed by ozone.

UVC – (200-280 nm) completely absorbed by ozone

The maximum concentration (about 0.5 ppm) occurs between the altitude of 20 to 35 km and the layer at this level is, called ozone layer. The presence of ozone is an essential necessity for life on earth.

Stratospheric ozone layer absorbs dangerous UVB rays of the Sun and thus protects the Earth’s surface from these high-energy radiation. Over the past few decades Ozone, layer is thinning out because of man-made pollutants which catalyse the dissociation of Ozone, at a very fast rate. Major pollutants responsible for depletion of ozone are chlorofluoro carbons (CFCs), nitrogen oxides, hydrocarbons and oxides of chlorine and bromine.

Increased uv radiation would retard photosynthesis in plants. Moreover, it would increase earth’s mean temperature which would have disastrous consequence of flooding or submerging many low-laying islands. Recently has been found that the uv radiation degrades polymers used in paints and
building materials.

Most ozones are created and destroyed in the stratosphere. The high uv rays break some of the oxygen molecules into the oxygen atoms.
en atom recombine with the oxygen molecules to form a three atoms molecule of oxygen called ozone. But ozone being highly reactive combines with other compounds present in the stratosphere. This is how ozones are created and destroyed in a balanced way be the Sun’s radiation. However, this balance is disturbed when chlorine atoms, released from the earth, react with the ozone molecules and thus reduces ozone population in the atmosphere. In the event more ozone molecules are destroyed than are created.

The chlorine, atoms, released from man-made materials such as CFCs or Cloro-fluoro Carbons, enter the atmosphere (which takes 50 to 100 years) and break down the bounds holding three atoms of ozone. The chlorine is converted into chlorine monoxide and oxygen is released; This loss of ozone molecules is known as the depletion of the ozone layers. Needless to say, the loss of ozone molecules reduces the ability of the strato sphere to filter out harmful uv rays.

Ozone depletion happens rapidly near the poles in spring because the prevailing low temperature of the stratosphere makes the ozone more vulnerable to reaction with chlorine, Normally, the nitrous oxide destroys the chlorine monoxide and hence prevent the ozone depletion. But the story is quite different in the polar regions. There the nitrous oxide freezes to form ice clouds and chorine monoxide is left free to destroy the ozone molecules.

Montreal Protocol : Considering the monumental damages ozone depletion does, the world community is taking steps to control the ozone depletion. The Montreal Protocol, adopted in 1987 and strengthened in 1990, called for phasing out CFCs and other ozone depleting substances (ODS) by 2000, established rules governing international trade in ODS and their products. Since the developing countries lack the financial and technological means to replace CFC or other ODS such as halous and carbon tetrachloride they have been given a grace period of 10 years, That is they are required to phase out CFCs by 2010.

The protocol called for a multilateral fund to assist the developing countries in the transfer of technology, that eliminates CFC or ODS India is expected to get about $19 billion under the protocol for substituting ODSs India, on its part, has stopped the trade of eight ODSs to those countires which are not signatories to the Protocol But a suitable mechanism to facititate the transfer of technology to the developing countries is still eluding.

Indian Law on Ozone Protection — India has, in response to the Motreal Protocol, notified Ozone Depleting Substance (Regulation and Control) Rules in 2000 These Rules set the deadlines for phasing out various ODS or Ozone Depleting Substances bedsides regulating their production and trade. Under the Rules, the use of CFC, except for medical purposes, will be prohibited after January 1, 2003 The Rules also call for compulsory registration of ODS producers, traders, stockiest etc. India’s per capita consumption of ODS now at less than 3 gm is, well below the permissive level of 300 gm under the Montreal Protocol.

What are the legislative measures adopted for preservation of forests in India ? 

In India, the year 1972 is of significance in the field of environmental management. The National Committee of Environment and Planning and Co-ordination was established and number of measures were undertaken to implement the recommendations already made and to be made thereafter. However, in 1976 the National Commission on Agricultural. However, in 1976 the National Commission of Agricultural realized the improper implementation of the National Forest Policy, 1952 and suggested certain recommendations as the following:

(1) There should be provision for prior approval of the Central before taking action for dereservation or diversion of forest lands to non forest use.

(2) There is need to encourage the large scale industrial plantation to faster growth of forest industries.

 

To achieve-this object the Indian Forest Act, 1927 was enacted which deals with the four categories of forest, namely —
(1) Chapter — II deals with reserved forests
(2) Chapter — III deals with village forests
(3) Chapter — IV deals with protected forests
(4) Chapter — V deals with non-government foresg
Chapters II, III and IV deal forests which are Governments property. Although chapter — V deals with the forests which are not governments
property. It is to be noted that even the enactment of Indian Forest Act, 1972 failed to achieve the object intended. Therefore, the Forest Ordinance, 1980 was promulgated by President of India, later on the
Ordinance was followed by the Forest (Conservation) Act, 1980 with the  Objects and Reasons as follows :

“Deforestation causes ecological imbalances and lead to environmental
deterioration. Deforestation has been taking place on large scale in the country and it has caused widespread concern.”

The ordinance also made provision for an Advisory Committee to render advice to the Central Government in matters of such approval. According to Section 2, of the Indian Forest Act, 1927, which provides that:

Not withstanding any things contained in any other law for the time being inforce in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing—
(i) That any forest land or any portion thereof may be used for any non-forest purpose.
(ii) That any reserved forest (within the meaning of the expression reserved forest, in any law for the time being in force in that State) or any portion thereof shall cease to be reserved.

Explanation — For the purpose of this Section “non forest purpose” means breaking up or cleaning of any forest land or portion thereof for any purpose other than reafforestation.” In this way, now the State Government cannot exercise its power vested under Section 27 of the Indian Forest Act, 1927 or under any other law having a similar provision except with prior approval of the Central Government.

In 1980, the Apex Court dealt with this provision in Ambica Quarry Works Vs. State of Gujarat) Air 1987 SC 1973), popularly known as “Removal of mining lease case” the Court said.

“This rule dealt with a situation prior to the coming into operation of the Indian Forest (Conservation) Act, 1980. The Act makes recognition of the awareness that deforestation and ecological imbalances as a result of deforestation have become social menaces and further deforestation and ecological imbalances should be prevented. That was the primary purpose writ large in the Act of 1980. Therefore, the concept that power coupled with the duty enjoined upon the respondents to renew the lease stands eroded by the mandate of the legislation as manifest in 1980 Act in the facts and circumstances of these cases. The primary duty was to the community and that duty took precedence. In our opinion, in these cases, the obligation to the society must predominate over legislation to individuals.”

Further, the Court observed “In the instant appeals the situation is entirely different. The appellants are asking for a renewal of the quarry leases. It will led to further deforestation or at least it will not help reclaiming back the areas where deforestation have taken place. In that view of the matter in the facts and circumstance of the case, in our opinion, the ration of the said decision (AIR 1987 SC 1973 at p. 14986) cannot be made applicable to support the appellants’ demands, in these cases because the facts are entirely different here. The primary purpose of the Act which must subserve the interpretation in order to implement the Act is to prevent further deforestation. The Central Government has not granted approval.”

It is to be noted that Indian Forest (Conservation) Act, 1980 applies to renewals as well as and even if there was a provision for renewal in the lease agreement on exercise of lessee’s option, the requirement of 1980 Act had to be satisfied before such renewal could be granted.

In M.C. Mehta Vs. Union of India (AIR 1987 SC 1086) the Apex Court has held that the principles laid down in Rylands Vs. Fletcher (1968 (19) LT 220) would not be applicable in the Indian context, we have the frame our own rule because Ryland’s case rule was evolved in the context of a totally different kind of economy. We cannot allow our judicial thinking to be constructed by reference to the law as it. prevails in England or for the matters of that in any other foreign country. We no longer need the witness of a foreign legal order. We are certainly to receive light to build up our own jurisprudence and we cannot contemn an argument merely because the new law does not recognize the rule of strict and absolute liability in cases of hazardous or dangerous liability or the rule as laid down in Rylands Vs. Fletcher as is developed in England recognizes certain limitations and responsibilities. We in Indian cannot hold our hands back and I venture to evolve a new principle of liability which English courts have not done. We have to develop our own law and if we find that it is necessary to a new principle of liability to deal with an unusual situation which has arisen and which is likely to arise in future on account of hazard dangerous industries which are concomitant to an industrial economy. There is no reason why we should hesitate to evolve such principal of liability merely because it has not been done so in England.

 

Any enterprise which poses threat to the health and safety of the persons working in the factory and residing in the surrounding areas, covers an absolute and non-delegable duty to the community to ensure that no harm results to any one on account of hazardous of inherently dangerous nature, of the activity which it has undertaken. The enterprises must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards, of safety and if any harm result on an account of such activity, the enterprise must be absolutely liable to compensate for such a harm and should be no answer to the enterprise to say that it has taken all reasonable care and that the harm occurred without any negligence on its part.

Write an essay on environment and law.

Environment includes water, air and land and interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organisms and property.

While disposing the case M.C.Mehta Vs. Union of India (1987) Sec. 165, the Supreme Court explained the environment as follows, “A point has, been reached in history when we must shape our actions throughout the world with a more prudent care for the environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the costly environment on which our life and well being depend. Conversely, through fuller knowledge and wider action, we can achieve for ourselves and our posterity better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life.”

Environment is a combination of the various physical and biological elements that affect the life of an organism. The Indian Parliament brought various environmental legislation including the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act, 1986, the Wild life Protection Act 1992 etc. The legislation brought in India spread the environmental awareness in the Indian people. The environment can be controlled by law.

Environments is God Gift. Water, air. Soil are the most important things for living being. Since the starting of existence of living beings physical and biological processes have been continuing in the environment. However, these normal environmental processes are adversely affected by the contamination by human beings by excess use of natural resources and human resources.
(1) Natural Environment pollution, (2) Population growth, (3) Industrialization,

The first category of environmental pollution is caused by nature. The second and third categories are caused by artificial pollution that too mainly by human interference. The nature adjusts the natural environmental pollution caused by it gradually. It is a natural phenomenon. However, the artificial pollution caused by population growth and industrialization has already destroyed the environment. It has to be checked. These are checked by laws or by framing legislation. Various laws have been framed by our Indian Legislators in the regard. The preamble of Environment (Protection) Act, 1986 says that the Act is to provide for the protection and improvement of environment and for matters connected there with.

The Supreme Court adopted ‘Polluter’ pays principle. This principle demands that the financial costs of preventing or remedying damage caused by pollution should lie with the undertakings which cause the pollution or produce the goods which cause the pollution. The water Act and the Air Act are special, Acts brought on the statute, books and constitute code, for prevention and control of water and air pollution by and trade or industry. In these Acts the breach of the provision is an offence and punishable.