WATER POLLUTION IN THE MULA-MUTHA RIVER AND PRIMITIVE MIGRATIONS TO CLIMATE REFUGEES.
ABSTRACT
This research paper focuses on the concept of sustainability and the disappearing islands with specific focus on India. The issue is whether the pollution of the Mula-Mutha river (a local water body) located in Pune can have a small part in contributing to the water pollution of larger water bodies, which can affect the disappearing of islands, finally resulting in primitive migration to climate refugees.
Various International convention have been discussed in this research paper, highlighting the essential features of the conventions. The various conventions are The Stockholm Declaration, The Rio Declaration, The Brundtland Report. This research paper reads about various conventions relating to water pollution and conservation such as Water Convention, London Convention, climate change and global warming like UNFCCC. Indian doctrines and enactments have also been discussed in this research regarding their objectives. This research paper also discusses various Indian cases relating to water pollution. The research also includes the diminishing surface area of the Ghoramara islands in the Sundarbans, West Bengal and has also spoken about the various islands that are disappearing.
This research paper mainly focuses on water pollution in the Mula-Mutha river caused by the slum dwellers in that particular area, which has made the river inept for the usage of the river water for daily chores. The Mula-Mutha water pollution, leads to climate change in India and global warming which indirectly results in the disappearing of the islands near the country, causing primitive migrations.
KEYWORDS
Mula-Mutha river, Water pollution, Climate change & Global Warming, Disappearing Islands.
INTRODUCTION TO SUSTAINABILITY
According to the Brundtland Report, 1987, “Sustainable development is the economic development that meets the requirements of the present generations without compromising the ability of the future generations to meet their own requirements.”[1] The term “sustainable development” first came to prominence in the World Conservation Strategy in 1980.
“Sustainability is the capacity to improve the quality of human life, while living within the carrying capacity of the Earth’s supporting ecosystem.”[2] Sustainability is the capability to avoid the depletion of natural resources from the Earth in order to maintain an ecological balance. Therefore, as expressed by Paul Hawken, “Sustainability is about stabilizing the current disruptive relationship between the Earth’s two most complex systems, i.e. human culture and the living world.”[3] The concept of sustainability consists three pillars; economic, environmental and social.
RESEARCH METHODOLOGY
The researcher has chosen a doctrinal approach for the research article, wherein the researcher has read various online newspaper articles, websites, blogs, Indian and International legal doctrines, etc. in order to understand how small water bodies can contribute towards disappearing islands resulting in primitive migration. The research paper is a combination of academic research and legal research because the scientific concepts of global warming, climate change etc. falls under academic research and the doctrines, case-laws and legal statutes relating to environment law falls under the legal research.
LITERATURE REVIEW
“How to save a sinking island nation”[4]
This article speaks about the Kiritimati Islands situated on the mid- Pacific, which is the largest coral isle in the world. The Kiritimati islands is not more than 2 feet above sea level, which makes it the most climate vulnerable inhabited island. The UN 2016 report says that the islands have been affected due to rise in sea levels. The article suggests, that artificial islands should be constructed through international aid, which could protect the homeland of the residents and enhance the flexibility of the islands.
“Dying waters: India struggles to clean up its polluted urban rivers”[5]
This article says that the increasing population in India and the rapid expansion of urban areas, have polluted the rivers and have choked the development. It writes about the sacred Ganges, which has been a centre of legal battle by the environmentalists and focusing on the frustration of the citizens due to the failure of the government plan to clean the contaminated river. Mumbai’s Mithi river has become a sewer, but Mumbai’s crowd would be a social challenge to clear the wastes from the river as half of the population lives in the slums and it is difficult to relocate the slum dwellers.
“From Migration to Mobility”[6]
This article reads that the climate change is driving the human migration, due to coastal flooding, droughts, extreme heat, etc. The article talks about environmental migration because of the exposure to the increase in sea levels. The article discusses about how restrictive policies, criminalization of the refugees and securitization of immigration is increasingly stopping international migration. There should be an explicit application of the United Nations Global Compact for Safe, Orderly and Regular Migration which facilitates international migration in response to climate hazards. Therefore, new policies are to be understood for complete space of human responses to climate change.
INTERNATIONAL CONVENTIONS
CONVENTIONS ON SUSTAINABLE DEVELOPMENT
The Stockholm Declaration: The United Nations Conference on the Human Environment, called as the Stockholm Declaration was the first document in international environmental law to recognize that every individual has a right to a healthy environment. The conference was held in Stockholm, Sweden in 1972. The Stockholm Conference was the first international conference focusing on the global environmental issues. This conference mirrored a growing interest in the global conservation of the environment and laid a foundation for global environment governance.
UNEP: The Stockholm Declaration led to the formation of the United Nations Environment Programme in 1972. The United Nations Environment Programme is currently the leading global authority regarding environmental issues. The UNEP establishes the global environmental programmes, endorses comprehensible application of the environment dimension of sustainable development, and acts as an authoritative advocate for the global environment. The United Nations Environment Programme facilitates to promote sustainability, safeguards the natural environment, coordinates with global environmental activities and assists the developing countries in implementing environmentally sound policies.
The Brundtland Commission Report: The Brundtland Report was presented by Gro Harlem Brundtland who was appointed to direct the United Nations World Commission on Environment and Development. The Brundtland Commission was formerly known as The World Commission on Environment and Development. The mission of the Brundtland commission was to unite the countries to follow sustainable development. This Report gave prominence to the three pillars of sustainable development; environment, society and economy. The Report led to the creation of Agenda 21, an action plan of the United Nations regarding sustainable development. Agenda 21 demands the actions to be taken globally, nationally, and locally in order to make life on earth more sustainable.
The Rio Declaration: United Nations Conference on Environment and Development also known as the Rio Declaration is the document produced in 1992 in Rio de Janeiro. The Rio Declaration recognizes the importance of conserving the environment and to protect the integrity of the global environment and development system. This Earth Summit provides 27 guiding principles for sustainable and future development throughout the world. The principles define the right of people to development and the people’s responsibilities to protect the common environment.
CONVENTIONS ON CLIMATE CHANGE
UNFCCC: The United Nations Framework Convention on Climate Change is an international environmental agreement adopted in 1992 but it entered into force in 1994. This is an intergovernmental treaty developed by the United Nations to report the issues on climate change. This agreement was adopted as the United Nations had noticed the concentration of greenhouse gases in the atmosphere due to anthropogenic interference, which would result in the increase of temperature in the Earth’s surface and atmosphere unfavorably affecting the natural bionetwork and human race. The major objective of the United Nations Framework Convention on Climate Change is to stabilize the greenhouse gases int the atmosphere which would prevent the hazardous anthropogenic intrusion with the climate.
Intergovernmental Panel on Climate Change: This organization is an intergovernmental body of the United Nations. The Intergovernmental Panel on Climate Change was established by the World Meteorological Organization and the United Nations Environment Programme in 1998. It is the leading international body for the valuation of climate change. The Intergovernmental Panel on Climate Change facilitates the United Nations Framework Convention on Climate Change by producing comprehensive assessment reports regarding the scientific information which is relevant to the causation of climate change. The panel acts as a source of scientific information and technical guidance to the UNFCCC.
CONVENTIONS ON WATER POLLUTION
London Convention: Convention on the Prevention of Marine Pollution by Dumping of Wastes. 1972. The London Convention is the first global convention to protect the marine environment from anthropogenic interference. The provisions of the London Convention prohibit the dumping of hazardous wastes globally. A special permit is required to dump the wastes in the water bodies. This convention is administered by the International Maritime Organization which proscribes the dumping of the radioactive wastes and the incineration of the industrial wastes at sea. The Convention aims to prevent pollution of the sea by dumping of wastes.
Water Convention: The Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 1992. The Water Convention is a negotiated international environmental agreement made by the United Nations Economic Commission for Europe, under the jurisdiction of the United Nations Economic and Social Council. The major objectives of the Water Convention are, maintaining sustainable water management and conserving the water resources and protecting the environment. This convention emphasizes the requirement for strengthening national and international measures to prevent, control and reduce the discharge of hazardous materials into the aquatic environment. The convention also focuses on the abatement of eutrophication and acidification of the marine environment.
CONVENTIONS ON PRIMITIVE REFUGEES
International Organization for Migration: The International Organization for Migration is the leading intergovernmental organization in the arena of migration. The primary purpose of this organization is to ensure orderly and humane management of migration for public benefit and to promote international support towards migration issues. The International Organization for Migration provides services and gives advices concerning migrations, to the government and the migrants (internally displaced persons, migrant workers, refugees, etc.). It guides by researching on the practical solutions for migration problems and provides humanitarian assistance to the migrants.
United Nations High Commissioner for Refugees: The United Nations High Commissioner for Refugees is a United Nations agency has an objective to protect and assist the refugees. This agency has been instructed to lead and coordinate international actions to protect refugees. The primary purpose of this international agency is to safeguard the fundamental rights of the refugees. It attempts to ensure that every refugee can exercise his rights to seek an asylum and find a secure refuge in a different nation.
CONVENTION ON DISAPPEARING ISLANDS
Law of the Sea Convention: The United Nations Convention on the Law of the Sea is an international treaty adopted in 1982. This convention is an international treaty to maintain public order at seas. The treaty has been adopted to promote peaceful utilization of the seas and oceans, to enable equitable and efficient consumption of the marine resources and to protect and preserve the marine environment and to promote maritime safety as there is an impact of the increase in the sea level on the maritime boundaries of the islands.
DOCTRINAL DATA REGARDING WATER POLLUTION IN INDIA[7]
Right to clean water: The Indian judiciary has taken a step ahead to prevent and control water pollution. The judiciary has given a liberal interpretation by including “Right to clean water and environment” in the ambit of Article 21,[8] Article 47,[9] Article 48 A[10] and Article 51 A (g)[11] of the Indian Constitution.[12] [13]
The Indian Penal code & Pollution: The Criminal law of India has explicitly laid down certain provisions to penalize a person who commits an offence in infringement of the code. Section 277 of the Indian Penal Code provides about the punishment which is to be given to the person who has committed the offence of fouling and contaminating a public reservoir, rivers, lakes, springs, etc. The person shall be liable of punishment with a fine of 500 rupees or an imprisonment of three months or both.[14] [15]
Water Prevention and Control of Pollution, 1974: This act provides for the prevention of water pollution and caters to the maintenance of the water bodies by promoting the restoration of water. The Central Pollution Control Board has been established to promote cleanliness of rivers, streams, wells, etc. The board focuses on the control of pollution of water and the prevention of contamination of water.
The Water Prevention and Control of Pollution Cess Act, 2003: The major cause of water pollution is the industrial effluents. The waste from the industries is being disposed of into the rivers and the water gets contaminated through the toxic or non-biodegradable substances which are being released by the manufacturing and chemical industries.
Orissa River Pollution Act, 1953: Improper disposal of wastes is the major reason for the pollution of water in India. Disposal of wastes by the factories, tanneries, industries, etc. by dumping of various toxic and poisonous substances into the river, is the root cause of increasing water pollution in India. This act was formulated with the view of regulating the disposal of wastes and effluents in the river and enable maintenance of the streams and water bodies.
WATER POLLUTION AND DISAPPEARING ISLANDS: PRIMITIVE MIGRATION TO CLIMATE REFUGEES.
WATER POLLUTION IN MULA-MUTHA RIVER
The Mula-Mutha river which flows through Pune, a city in Maharashtra joins the Bhima River, then Krishna River and finally in to the Bay of Bengal. The Mula-Mutha river is Maharashtra second most polluted river after Mithi river in Mumbai. The survey says that “The Mula-Mutha river had contained excreta (both human and animal) three times the safety level.”[16] The study shown in the Maharashtra Economic Survey Report 2018-2019 has discovered that the river also consisted biochemical oxygen demand (oxygen levels for the aquatic lives to survive) and dissolved oxygen in the river which are beyond the standard safety levels.[17] Less amount of dissolved oxygen in the river can cause an eutrophic condition, wherein a dense growth of algae is formed on the layer of the river preventing the aquatic plants to absorb sunlight, which results in the death of the plant life.[18]
In 2018, a 10 feet foam had formed in the Mula-Mutha river due to the discharge of industrial and sewage effluents. Toxic substances (Arsenic, Chromium, Lead, Mercury, Nitrates, Cadmium, Cyanide, Boron, Fluoride) were found in the river due to the release of manufacturing and sewage effluents. The study said, if the water containing the foam came in contact with humans, it could cause nausea, vomiting, giddiness, headache, skin problems, and respiratory illnesses. These industrial effluents are oncogenic (cancerous) substances, harming the small children.[19]
Plants inhale carbon dioxide and exhale oxygen, but in this case of water pollution, due to eutrophication and the discharge of toxic substances into the river, the aquatic plants and terrestrial plants die, leading to the increase in the level of carbon dioxide in the atmosphere. Carbon dioxide being a greenhouse gas, traps the ultra-violet radiations from the sun, increasing the heat and temperature of the surface and the atmosphere. This will lead to climate change and global warming as the Earth will become warmer, and the warmer conditions will lead to excessive evaporation and precipitation. Stronger greenhouse gases will affect the oceans as the warmth will melt the glaciers and the icebergs. The water will expand due to the warmth, increasing the sea level.[20]
DISAPPEARING ISLANDS
The islands around the world have become susceptible to climate change. The islands are disappearing quietly due to severe beach erosions. The natural phenomenon such as tropical cyclones, hurricanes, storms, floods, glacial rebounds, El Nino Southern Oscillation, etc. play a major part in the vanishing of the islands. The oceans have become warmer and more acidic due to the increasing levels of carbon dioxides in the atmosphere which accelerates the erosions as the acid reacts with the minerals in the water. The emissions of greenhouse gases in the atmosphere will lead to rising ocean temperatures. Climate changes affecting the increase in sea levels have swallowed the coastlines. The sea level will increase in the future if the problem of climate change is not fought by the international organizations.[21]
The Sundarbans Delta in West Bengal has observed a constant increase the sea level and occurrences of saltwater intrusion. Sundarbans is a massive collage of mangrove islands and is a natural habitat for endangered and rare animals. These islands have been disappearing, quietly gulped by the deep sea and the rising tides.
Global warming causes the sea level to rise as the ocean expands, which makes the storm patterns more energetic. This would cause coastal erosion, as the coastlines would be affected through inundation and increased erosion. West Bengal has faced the highest coastal erosions.[22] Odisha has lost 28% of its coastline as the Bay of Bengal has been eroding the coastlines of Odisha, by demolishing the villages and paddy fields.[23]
The Ghoramara Islands located in the south of West Bengal, which is the most fertile island in the Sundarbans is being gobbled by the raging sea. According to statistics, two decades ago 40,000 people had been inhabited on the land, and now the island can only shelter 3,000 people as it has shrunk due to the rise in sea level. The inhabitants of the fading island have migrated to the land for temporary safety. Therefore, India has its own climate refugees from the Ghoramara Islands.[24]
PRIMITIVE MIGRATIONS & CLIMATE REFUGEES
The natural environment is considered as an essential determinant of the human mobility. Climate refugees are “individuals or a group of people, who for a reasons of sudden and progressive climate change in the environment, that adversely affects the lives or the living conditions of the people residing in that island, are obliged to leave their habituated homes either temporarily or permanently, and who move either within their country or abroad.”[25] Extreme whether events, like floods, storms, heatwaves, desertification, droughts, etc. resulting in the increase of the temperature, disruption of seasonal climate changes, rise in sea levels have threatened the livelihoods of the people residing in the island, which will force the residents of an island to migrate from that particular area to another are which is safe and secured and is better for their well-being. [26] “The United Nations General Assembly recognizes that the climate change, environmental degradation and natural disasters increasingly interact with the drivers of the refugee movement.”[27]
RECOMMENDATIONS
Proper treatment of industrial effluents before discharging into the rivers: There should be a proper process of treating the industrial wastes before releasing it into the rivers and the owner has the responsibility to check, whether the wastes release into the water have been treated or not. The onus would be on the owner, and he would be held liable for the act of polluting the water bodies.[28]
Limitations on the release of toxic effluents, which harm the biodiversity: The government authorities should prevent the excess discharge of toxic substances from the industries and factories which would cause harm to the ecology. The authorities should make stringent regulations regarding the, quantity of the effluents which should be released into the water, the quality of the effluents, as the effluents should be treated before being released into the river, consequences on violation of the enactments made, etc.[29]
Prohibition on throwing non-biodegradable substances into the water: There should be a strict prohibition made on throwing of non-biodegradable garbage (plastics, glasses, metals, toxins, etc.) into the rivers. Instead, these products should be recycled and should be produces for better utilization.[30]
Proper processing of sewage treatment plants (STP) in every area.[31]: Setting up of STPs has been made mandatory in every society in Pune, but the proper working of the STP should be checked by the officers. Onus lies on the officers if untreated sewage enters the rivers.
Heavy fines according to Maharashtra Non-Biodegradable Garbage (Control) Act, 2006[32] should be levied on the polluter. (Polluter Pays Principle)[33]
CONCLUSION
It can be stated that people polluting a small water body (Mula-Mutha river) can contribute towards global warming and disappearing of islands in the sea (Bay of Bengal). Thus, polluting the smaller water bodies (streams, rivers) all over India would directly pollute the larger water bodies (seas and ocean) which will lead to global warming leading to climate change then melting islands subsequently resulting in primitive migrations and climate refugees.
Therefore, in order to save the world from further global warming, we as a nation should start with the rivers and streams by prohibiting pollutions of water bodies in any direct or indirect manner. The government of India already has laws regarding water pollution and penalties have been assigned for polluting water but these laws are not being effective on the citizens. Thus, new enactments must be made not only to curb or reduce water pollution but certain strict amendments must also be made in order that the people fear the statute and refrain from harming the surrounding environment.
KARTHIK. R. IYER.
SYMBIOSIS LAW SCHOOL, PUNE.
[1] Gro Harlem Brundtland, Report of the World Commission on Environment & Development: Our Common Future, SUSTAINABLE DEVELOPMENT, (Page 41), 1987. https://sustainabledevelopment.un.org/content/documents/5987our-common-future.pdf.
[2] International Union for Conservation of Nature, Caring for the Earth: A Strategy for Sustainable Living (Page 10) https://portals.iucn.org/library/efiles/documents/cfe-003.pdf. (Jan. 10, 2022, 9:02 PM)
[3] ENVIRONMENT & ECOLOGY, Sustainability, http://environment-ecology.com/what-is-sustainability/247-sustainability.html. (Jan. 10, 2022, 8:24 PM)
[4] Becky Alexis-Martin, James Dyke, Johnathan Turnbull, Stephanie Malin, Climate Change: How to save a sinking island nation, BBC FUTURE (Jan. 08, 2022, 7:16 PM), https://www.bbc.com/future/article/20190813-how-to-save-a-sinking-island-nation.
[5] Vaishnavi Chandrashekar, Dying Waters: India Struggles to Clean Up its Polluted Urban Rivers, YALE ENVIRONMENT 360, (Jan. 08, 2022, 7:21 PM), https://e360.yale.edu/features/dying-waters-india-struggles-to-clean-up-its-polluted-urban-rivers.
[6] NATURAL CLIMATE CHANGE, From Mobility to Migration, https://www.nature.com/articles/s41558-019-0657-8#citeas. (Jan. 08, 2022, 7:27 PM)
[7] Shantanu Pandey, Laws existing in India to prevent and control water pollution, IPLEADERS (Jan. 08, 2022, 11:23 PM), https://blog.ipleaders.in/laws-existing-india-prevent-control-water-pollution/.
[8] INDIA CONST. art. 21 (Right to Life & Personal Liberty)
[9] INDIA CONST. art. 47 (“Duty of the State to raise the level of nutrition and the standard of living and to improve public health”)
[10] INDIA CONST. art. 48A (“Duty of the State for protection and improvement of environment and safeguarding of forests and wildlife”)
[11] INDIA CONST. art. 51A(g) (“To protect and improve the natural environment including forests, lakes, rivers, and wildlife, to have compassion for living creatures”)
[12] Narmada Bachao Andholan v. Union of India (2000) 10 SCC 664
[13] M.C. Mehta v. Union of India AIR 1988 SC 1037 (Kanpur tanneries); Ganga Pollution Case.
[14] Polluter Pays Principle: Indian Council of Enviro legal Action v. Union of India (1996) 3 SCC 212
[15] Polluter Pays Principle: Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647
[16] HINDUSTAN TIMES, Excreta in Pune’s Mula-Mutha three times above safe limit, https://www.hindustantimes.com/pune-news/excreta-in-pune-s-mula-mutha-three-times-above-safe-limit/story-2bnHD1NTAQwlVOe2pb4kaI.html. (Jan. 09, 2022, 11:32 AM)
[17] HINDUSTAN TIMES, Excreta in Pune’s Mula-Mutha three times above safe limit, https://www.hindustantimes.com/pune-news/excreta-in-pune-s-mula-mutha-three-times-above-safe-limit/story-2bnHD1NTAQwlVOe2pb4kaI.html. (Jan. 09, 2022, 11:32 AM)
[18] USGS, Dissolved Oxygen & Water, https://www.usgs.gov/special-topics/water-science-school/science/dissolved-oxygen-and-water. (Jan. 09, 2022, 11:52 AM)
[19] HINDUSTAN TIMES, Pollutants levels in Mula-Mutha river at all-time high, again., https://www.hindustantimes.com/pune-news/pollutants-levels-in-mula-mutha-river-at-all-time-high-again/story-rcRp1NdjTJjzy4djAREoiO.html. (Jan. 09, 2022, 11:48 AM)
[20] GLOBAL CLIMATE CHANGE, The Causes of Climate change, https://climate.nasa.gov/causes/ (Jan. 09, 2022, 8:34 PM)
[21] USA TODAY, Climate Change: Endangered Islands that could disappear soon, https://www.usatoday.com/picture-gallery/travel/destinations/2019/11/29/climate-change-endangered-islands-disappearing-fiji-maldives-alaska/40630403/. (Jan. 08, 2022, 11:43 PM)
[22] THE TIMES OF INDIA, India lost one-third of its coastal lines from erosion, gained almost as much, https://timesofindia.indiatimes.com/india/india-lost-one-third-of-its-coastline-from-erosion-gained-almost-as-much-report/articleshow/65373127.cms. (Jan. 09, 2022, 11:03 AM)
[23] NEW INDIAN EXPRESS, New research says rising sea may devour Odisha coast, https://www.newindianexpress.com/states/odisha/2019/oct/31/new-research-says-rising-sea-may-devour-odisha-coast-2054964.html. (Jan. 09, 2022, 11:08 AM)
[24] FIRSTPOST., Sundarbans: Meet India’s own Climate Refugees from Ghoramara Islands, https://www.firstpost.com/india/sundarbans-meet-indias-own-climate-refugees-from-ghoramara-islands-2823328.html. (Jan. 09, 2022, 11:12 AM)
[25] IOM UN MIGRATION, Migration Environment & Climate Change, https://maprevamp.iom.int/migration-environment-and-climate-change. (Jan 10, 2022, 3:49 PM)
[26] ENVIRONMENTAL JUSTICE FOUNDATION, Protecting Climate Refugees, https://ejfoundation.org/what-we-do/climate/protecting-climate-refugees. (Jan. 10, 2022, 4:45 PM)
[27] UNHRC, Climate Change & Disaster Displacement, https://www.unhcr.org/en-us/climate-change-and-disasters.html. (Jan. 10, 2022, 3:52 PM)
[28] Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, § 10, No. 10, Acts of Maharashtra State Legislature, 2006 (India)
[29] Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, § 10, No. 10, Acts of Maharashtra State Legislature, 2006 (India)
[30] Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, § 3(1), No. 10, Acts of Maharashtra State Legislature, 2006 (India)
[31] THE BRIDGE CHRONICLE, Untreated water from STP of Tanajiwadi polluting Mula, https://www.thebridgechronicle.com/pune/untreated-water-stp-tanajiwadi-polluting-mula-8802. (Jan. 09, 2022, 12:10 PM)
[32] Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, § 9, No. 10, Acts of Maharashtra State Legislature, 2006 (India)
[33] Principle 16: The Rio Declaration on Environment & Development, 1992