Jammu, the winter capital of the J&K state is struggling for
life;struggling between the deep sea and the devil. It is not our survival that
worries us but it is that of our dear and near ones of the coming generations.
For whom are we leaving the diseased hell stares us from point blank..The way
authorities behave in discharging their duties to keep the environment clean of
the winter capital of the state and elsewhere reminds us of the spine chilling
horror stories of the gas chambers of Auschwitz . Speaking reason, authorities
are created and assigned to ensure environment that is as clean and hygienic as
the standards prescribe. In light of the constitution and as upheld by the apex
court, we have a fundamental guarantee to have right to safe health. It makes
one to think without out any margin of doubt that dereliction of duties when
overlooked or condoned will always be accounted for. However, contrary seems to
be true. One is compelled to smell the rat of a hidden agenda. The frightening
reality reminds us of the infamous Auschwitz Gas chambers where from early 1942
until late 1944 at least 1.1 million prisoners were killed with the pesticide
Zyklon B after luring for a good hygienic bath that would follow by serving
delicious hot coffee !.
Looking at the affairs in Jammu where we have State pollution
Control Board and Municipal Corporation to take care of hygienic sewerage
system solid and liquid waste and mixed garbage of sundry nature to ensure
their safe disposal, it is natural to expect that standard procedures are in
place to ensure at all cost the requisite cleanliness and hygiene as per norms.
However, unrestrained release of sewage and dumping of urban
waste has squeezed life out of the Tawi river. While major responsibility lies
with the Department of Irrigation and Flood Control under theJammu and Kashmir
Water Resources( Regulation and Management Act, 2010 for the improvement in the
physical integrity of water courses, lakes and springs and to keep and maintain
them pollution free . But, it is to be regretted that they have adopted an
approach of non concern even disowned the rivers, streams and nallah that fall
under its jurisdiction under the riparian law. It was with the intervention of
the former Irrigation Minister Sh Sham Lal Sharma who made them realize that
irrigation and flood departments were the custodians of these responsibilities
and had to take the responsibility in that regard. It is well known that even
mining of minor products cannot be carried without the Department's consent and
that too only after environmental assessment is done of the spots to be leased
for minor mineral products from the rivers and other sources. It needs no gain
saying, that Mining and Minerals Department too has played havoc with the
health of water bodies with reckless mining that has almost killed them. Even
repeated pleas of the Fisheries Department to save aqua life fell on deaf ears.
Next to act in this mandatory function is the J&K State
Pollution Control Board that has to take action to ensure wholesome water
pollution free requirements under water and environment protection laws. It is
not as though the department is not aware but lacks will and concern to act.
Ironically the Board did carried a survey about the water health of the river,
during 2007-08 and a report was published in March 2009 by Dr C.M. Seth, the
Chairman of the Board.. However, after the report was drawn, no follow up
action exercising powers under Water Act was undertaken or exercised to ask the
polluters to take remedial measures to maintain and restore the wholesomeness
of river water in terms of their ecological sustainability under the water Act
1974.
Stringent penalties have been provided for the infringement of
the provision of the Act's Section 25 of the Water (Prevention and Control of
Pollution)1974 which provides for imprisonment for a minimum term of six
months, but which may extended to for 7 years and fine . The Department of
Ecology, Environment and Remote Sensing, J&K too did a analytic assessment
at the cost of lakhs of rupees under Sh Suresh Chug. and department of
environment science ,Department of Environment Sciences in the University of
Jammu, too spent money and time; hired expertise to analyze and draft a report
about Tawi river pollution in its vicinity. However, what is funny is that
Jammu University itself is a violator dumping and pouring waste in the Tawi
river, but reports are consigned to dust. (SPCB a lone battle against
polythene, the Jammu Municipal Corporation (JMC), it seems, has also run out of
steam. "While the State Pollution Control Board (SPCB) has major
responsibility, the Jammu Municipal Corporation (JMC) cannot enforce the ban
all alone," said JMC Health Officer Dr Mohammed Saleem Khan in a bid to
convey the magnitude of the problem The precautionary principles and the
polluter pays principle have been accepted as part of the law even as Art 21 of
the Constitution on India guarantees protection of life and personal liberty,
In view of the constitutional guarantee and statutory provision
we have no hesitation in holding that the precautionary principles and the
polluter pays principles are part of the environmental law of the country. The
Apex Court in the case of Municipal council Ratlam v/s Vardhi Chand AIR 1980SC
1622 has expressed its view " where directive principles have found
statutory expression in Do's and Don'ts the court will not sit idle and allow
Municipal Government to become a statutory mockery .The law will relentlessly
be enforced and the plea of poor finance will be poor alibi when people in
misery cry for justice. The dynamics of the judicial process of the Criminal
Procedure Code (as here) but also through activated tort consciousness. The
office in charge and even the elected representative will have to face the penalty
of the law if what the constitutional follows up legislative direct them to do
are defied or denied wrongfully. Apart from it Forest ,Wildlife Protection
Department has also adopted a posture to see nothing; do nothing to stop
deforestation encroachment of its land.
Environment Pollution is linked to Health and is violation of
right to life with dignity: In T. Ramakrishna Rao vs. Hyderabad Development
Authority, the Andhra Pradesh High Court observed: Protection of the
environment is not only the duty of the citizens but also the obligation of the
State and it's all other organs including the Courts. The enjoyment of life and
its attainment and fulfillment guaranteed by Article 21 of the Constitution
embraces the protection and preservation of nature's gift without which life
cannot be enjoyed fruitfully. The slow poisoning of the atmosphere caused by
the environmental pollution and spoliation should be regarded as amounting to
violation of Article 21 of the Constitution of India. But is any one listening?
One hopes that Jammu maintains its glorious reputation as the city of temples.
And not a city that is in the making of another Auschwitz
(Feedback at: blparimoo@gmail.com)
By- Bushan Parimoo