“Actio personalis moritur cum persona”

With our not so steady life which is always thriving for a better living, with people moving here and there to have a secure and decent standard of living. Many tend to forget the very basic thing needed to survive is a healthy environment, being so ambitious to have a developed surrounding, humans have started to destroy the so called Motherland. Despite Delhi being one of the most polluted city it has in bulk migrated workforce with no focus of government on its facing issues of depleted air quality, blocked sewage and population density, even there is no concern raised from the people, they are so busy to make a livelihood that they forget it is their fundamental right to have a clean and healthy environment. The value of life has not been much, with no concern shown to climatic change people are just trying to make their body habitual of the heatwave that is increasing from day to day, year by year. The legal maxim mentioned on the very start of the essay wakes up the call for us if we do not voice up timely for environment, our right to life will just die with ourselves to grave. The drastic change of temperature that we have witnessed in India is a compressing issue, from 2014 a humongous increment has been observed in the temperature being average at 32 degree Celsius and highest near about 43 degree Celsius to now in 2024 the average temperature observed at 42 degree Celsius and going as high as 52 degree Celsius. All these is a sign for extreme heatwave and how the working of human body gets disturbed which can even lead to people dying and be victims of cardiac arrest and several skin related diseases.

In the ancient times, India had a very prosperous and agrarian land rich with fertile soil contributing to becoming an attractive site for imports for other countries. India was famous for its spices, textiles and more, Britain took this as an opportunity to colonize India through trade. They trapped Indians in their extensive manipulative policies, created feud within the country and had all profits from all its flourishing resources. The health of land witnessed a significant change after the 1900s period, the condition of the land underwent loss of fertility. After the reforms of 1991 India witnessed some growth, the gross domestic product (GDP) also grew but as the country was walking its path towards growth, it started heavy infrastructural development at the cost of losing environmental health and hence, heatwaves rising with time. There is no point of increasing gross domestic product if not kept in mind the concept of sustainable development. One such case, [1]Rural litigation & entitlement Kendra vs. State of Uttar Pradesh was highlighted in the supreme court in the year 1985, where the principle of sustainable development got known to people and how there must be a balance maintained between ecological integrity and environment. We should be cognizant of the future generation needs and not use the resources exhaustively, to keep a check of the land one should focus on its carrying capacity and absorptive capacity of the environment.

The elements of state are its physical and political basis, physical basis let us know how crucial population and territory are for a ‘State’. Without people and land there will be no existence of a country, climate not only affects land, forests, water bodies but also creates income disparity between people. In spite of living in the same country, some Indian people face so much of hardships like not even having the very basic necessities like water. To be referring the cases of Bodhgaya district in Bihar, Jobha & Korba district of Chhattisgarh facing dire shortage of water. Even if they get water it is too contaminated, Baghpat district of Uttar Pradesh is a major example for receiving the dirtiest water, it is called Cancer District for the same reason as most of the people get cancer, bone impairment by just trying to survive from drinking that water in such heat otherwise they would have dehydration, either way they are dying from illness. [2]Subhash Kumar vs. State of Bihar, a case playing irony to this situation, a judgement was given in this that water and air should be free from any [3]‘environmental pollutant’ [a term defined under section 2(b) of Environment (Protection) Act].

1. EMERGING ROOT CAUSES AND IMPACTS:

[4]United Nations conference on human environment was held at Stockholm in June, 1972 in which India was a part to understand and to make provisions for improvement and protection of human environment. To combat issues related to environment, an act called Environment (Protection) Act, 1986 was enacted.

The global issue related to this, which involves the decline of soil productivity, possess significant challenges for current and future generations. This deterioration impacts everyone by leading to food insecurity, increased food costs, climate change, environmental risks, and the reduction of biodiversity and ecosystem services. The rapid pace of land degradation is causing a substantial drop in the productivity of farmlands and pastures worldwide. It is one of the world’s most pressing environmental problems and it will get worse without rapid remedial action. About a quarter of the Earth’s land area has been degraded worldwide.

• Negative Outcomes:

1.1.1 Impact on Climate Change: Land degradation contributes significantly to climate change by releasing soil carbon and nitrous oxide into the atmosphere. This release of greenhouse gases exacerbates global warming and its adverse effects on the environment.

1.1.2 Extent of Degradation: Currently, approximately 25 percent of the world’s total land area has been degraded due to various factors such as unsustainable agricultural practices, deforestation, urbanization, and improper land management.

1.1.3 Loss of Fertile Soil: Scientists have estimated that a staggering 24 billion tons of fertile soil are lost annually, primarily because of unsustainable agriculture practices. This loss not only affects food production but also leads to increased soil erosion and reduced agricultural productivity.

• [5]Silent Crisis Unfolding On Health:

[6]In the current scenario a huge sinkhole appeared in Bikaner, Rajasthan nearly 200 feet deep, formed because of less rainfall and Exploitation of ground water. The issue also includes challenges such as heatwaves impacting the health of many individuals with heart-related illnesses. Recent data shows that India has experienced several severe heatwaves over the past few years, with temperatures exceeding 45°Celsius in different parts of the country. According to the National Disaster Management Authority of India, these heatwaves have led to over 24,000 deaths across the country from 1992 to 2015. Dozens have died from heartstrock in past few week as On 29th May 2024, ⁷ the India Meteorological Department (IMD) announced a record-breaking temperature in Delhi assuming as a record break witnessing 49° Celsius even more on upcoming days.

• [7]The spread of infectious diseases is heightened by population migration, leading to an increased risk of malnutrition resulting from diminished food and water resources.
• The incidence of respiratory diseases as a result of dust diffused in the atmosphere by wind erosion and other air pollutants;
• Additionally, there is a rise in water-borne diseases due to inadequate sanitation and the scarcity of clean water.

To tackle these challenges effectively, it is crucial to work together at local, national, and international levels. This involves adopting sustainable land management practices, advocating for environmental conservation, and boosting resilience to minimize the negative effects of land degradation and desertification.

• West And East Comparison:

On May 19, 2016 Palhodi, Rajasthan recorded highest temperature of 51° Celsius. The states in India most impacted by heat waves are Andhra Pradesh, Telangana, Bihar, Gujarat, Rajasthan, Uttar Pradesh, and Maharashtra. Deforestation and cutting trees for industries encourage the heatwaves it is necessary now to protect trees and vegetation, if we see the states on the northeast has more trees comparing from the west states, the temperature of Assam and Arunachal Pradesh temperature is balanced because of trees but on west side there is a huge disadvantages relating this, as stated in the case [8]T.N. Godavarman vs. UOI, a writ was filled to protect Nilgiri forest land and illegal timber operation. It is a high watermark case in forest protection, strict guidelines were made for trees.

1.4 Arid Landscape: A Frail Ecosystem on the Brink:

Challenges are especially pronounced in the driest regions of the world. Dry land areas span around 40% of the Earth’s land surface and sustain a population of two billion individuals. The majority of those reliant on dry lands reside in developing nations, with women and children, elderly being the most susceptible to the effects of land deterioration and drought.

Regions like Rajasthan with very less rainfall per year results most drought areas such as in the Aravalli range, Kachchh and Marusthali region. Most of Madhya Pradesh, eastern Rajasthan, interior Andhra Pradesh, and Odisha, eastern Maharashtra are suffering from drought. With the areas with maximum rainfall also facing problems like soil erosions and quagmire, swamplands, wetlands in which agriculture possibility is very low. India is also facing many cyclones back to back in each year, recent was in Orissa Remal. All this is affected by the uneven climate presented over period of time due to the activities of individuals and not giving attention to the environment.

According to the World Resources Institute, Earth has witnessed soil degradation as large as of area equivalent to the size of China and India combined over the past 45 years. The degradation and desertification of the earth pose a global threat to people’s livelihoods. Every year, 20 million hectares of fertile land are deteriorating. Over the past 40 years, around one-third of the world’s agricultural land has transformed into wasteland due to degradation. Developing countries are particularly susceptible to desertification and land degradation due to their limited infrastructure and financial resources. Degraded soil is less resilient, resulting in lower crop productivity. [9]Land degradation also impacts global food security, with a projected 12% decline in food production over the next 25 years. This could lead to an average 30% increase in food prices. [10]The annual cost of land degradation is estimated to be 3.4 trillion Euros.

By the year 2000, it was projected that deserts could expand to occupy more than three times the area of 7,992,000 square kilometers that they covered in 1977. This rapid increase underscores the severity of desertification and its potential to drastically alter landscapes and ecosystems. Currently, it is estimated that about 3.6 billion hectares, or 70% of potentially productive dry lands, are threatened by various forms of land degradation known as desertification. This staggering figure demonstrates the scale of the problem and the need for effective strategies to combat it.

2. REGULATORY FRAMEWORK AND SOLUTIONS:

[11]United Nations Convention to Combat Desertification (UNCCD) established in 1994 aims to improve the condition and spread awareness about barren lands and how rapidly they are converting into deserts. It is an organization upholding principles of sustainable land management which can lead to a healthy environment.

2.1 Government Initiatives:

[12]In the 1980s, India initiated two key programs, the Desert Development Program (DDP) and the Drought Prone Area Development Program (DPAP).The selection of Desert Development Program districts was based on their aridity index and the proportion of irrigated land compared to cultivated land, with the program expanding to 235 arid development blocks in 40 districts across seven states by the mid-1990s these efforts, conducted in states like Rajasthan, Gujarat, Haryana, Andhra Pradesh, Karnataka, Jammu & Kashmir, and Himachal Pradesh, aimed at controlling desertification and enhancing ecological balance in the long term through activities such as sand dune stabilization, afforestation, watershed development, and soil and water conservation.

[13]The plans outlined in the XI Five year plan of the country (2007-2012), a detailed roadmap has been developed for significant work across various Natural Resources Management (NRM) programs, including Comprehensive Natural Resources Management:-

• within watershed programs covering 36.6 million hectares Location-specific,
• beyond watershed regions encompassing 8.4 million hectares farming systems-based,
• outside watershed areas spanning 30 million hectares decentralized food security through dry land crops in rainfed areas.

[14]In alignment with the National Forest Policy (NFP) of 1988, which aims to have at least one-third of the total land area covered by forests or trees, the Ministry has initiated various afforestation schemes to enhance forest and tree cover, combating desertification. The Ministry, along with other ministries, implements afforestation-related programs to improve forest cover through schemes like the National Mission for a Green India (GIM) and the Forest Fire Protection & Management Scheme (FFPM). Additionally, states and Union Territories are supported in afforestation activities through the Centrally Sponsored Scheme, including the Compensatory Afforestation Fund Management and Planning Authority (CAMPA). Various state governments also run afforestation schemes. Under the Central Sector Scheme of the National Coastal Mission program focusing on the ‘Conservation and Management of Mangroves and Coral Reefs’. This program involves the formulation and execution of annual Management Action Plans (MAPs) for mangrove conservation in all coastal States and Union Territories.

2.2 Provisions of Punishments under The Environment (Protection) Act, 1986:

Any persons must not exceed prescribed standards for environmental pollutants when carrying out any industry, operation, or process if he does that he will be punished under this act and have to pay fine. Failure to comply with the Act or its rules can lead to imprisonment up to five years or a fine up to one lakh rupees. For continuous non-compliance, an additional daily fine up to five thousand rupees can be imposed. If non-compliance persists beyond a year after conviction, imprisonment up to seven years may be imposed. People must have to be aware with all of that and not to do any act for which they might end up in a court.

2.3 Relation with the List of Sustainable Development Goals:

[15]The United Nations’ Sustainable Development Goals (SDGs) encompass environmental protection and sustainability, particularly Goal 13 on Climate Action and Goal 15 on Life on Land. Goal 13 focuses on combating climate change by reducing emissions and promoting sustainable practices like renewable energy and energy efficiency. Goal 15 aims to enhance terrestrial ecosystems through sustainable farming practices such as using natural manure instead of chemical fertilizers, which improves soil fertility and reduces environmental harm. These goals emphasize the importance of global cooperation and innovative solutions to create a resilient and sustainable future for all, ensuring a healthy planet for future generations.

2.4 Countries with Innovative Policies:

• China’s “Grain for Green” program rejuvenates land by converting farmland to forests, combating soil erosion, and enhancing ecosystem services.
• Australia’s National Drought Policy includes drought preparedness, financial aid, and water infrastructure improvements to mitigate drought effects.
• Ethiopia’s Sustainable Land Management Program promotes sustainable land practices like terracing and reforestation to address land degradation and enhance climate resilience.
• Brazil’s Forest Code enforces regulations to conserve native vegetation, combat soil degradation, and reduce deforestation rates.
• The United States’ Conservation Reserve Program transforms sensitive agricultural land into conservation areas, improving biodiversity, reducing soil erosion, and enhancing water quality.

3. Need for immediate action and accountability:

With the act in force much better condition of people treating the surrounding has been seen, with more activists coming up to spread awareness about a healthy environment and holding government accountable and making them to work towards it. Many companies have also started to spend their Corporate Social Responsibility funds for the improvement of land restoration and environments’ overall health. One such example of this is ITC limited, a company which  spend 365.43 crore on agriculture in the year 2020-21. This also helps the firm to maintain their goodwill through environment saving initiatives.

As the main Factor of Production- land, which includes all natural resources, if depletes it will affect the Human capital formation which will get lower as the temperature will go higher, resulting in low Gross Domestic Product of the country.

While the government keeps on coming and going, and politics moving like time, the people in power are desperate to protect their throne, they tend to play some dirty politics by disseminating communal hatred and distributing freebies just to gain voters’ trust. But let us no more play dumb and not let the leaders fool us anymore, voters have this pressure building power on the government to work for the country’s betterment. Let’s hold our taxes and government more accountable to where and for whom it is working. Climate change is something which will not wait for the game of politics to get over, it will have its own working and later can result in a huge pay for us.

[1] LawFoyer. (2024, February 23). Rural Litigation and Entitlement Kendra vs State of U.P. | LawFoyer. LawFoyer | a Daily Doze for Inquisitors. https://lawfoyer.in/rural-litigation-and-entitlement-kendra-vs-state-of-u-p/

[2] Garg, R. (2024, May 19). Subhash Kumar v. State of Bihar and Ors (1991) : case analysis – iPleaders. iPleaders. https://blog.ipleaders.in/subhash-kumar-v-state-of-bihar-and-ors-1991-case-analysis/

[3] Environment protection Act, 1986

[4] United Nations. (n.d.). United Nations Conference on the Human Environment, Stockholm 1972 | United Nations. https://www.un.org/en/conferences/environment/stockholm1972

[5] Karn, S. K. (2018). Emerging risk of cancer river in Western Uttar Pradesh (UP), India. Health Scope, 7(2). https://doi.org/10.5812/jhealthscope.80375

[6] Sahas, Staff, B., & Staff, B. (2024, April 25). In Bikaner, land sinks 80-100 feet overnight; authorities scramble for answers. News18. https://www.news18.com/viral/in-bikaner-land-sinks-80-100-feet-overnight-authorities-scramble-for-answers-8865562.html

https://sdg-action.org/land-from-degradation-to-restoration/://encyclopedia.pub/entry/6948

⁷ Sebastian, M. (2024, May 29). Delhi “unbearable” as temperatures soar past 50C. https://www.bbc.com/news/articles/c166xxd4y36o

[8] Eco Jurisprudence Monitor. (2023, March 11). India case T.N. Godavarman Thirumulpad v. Union of India & Others – Eco Jurisprudence Monit

[9] (27 Feb, 2024). (n.d.). Drishti IAS. https://www.drishtiias.com/current-affairs-news-analysis-editorials/news-editorials/27-02-2024

[10] Land degradation. (2022, May 13). Global Environment Facility. https://www.thegef.org/what-we-do/topics/land-degradation

[11] https://pib.gov.in/PressReleseDetailm.aspx?PRID=1946401

[12] Anushka. (2011, June 10). Drought Prone Area programme. Dpap. https://www.gktoday.in/drought-prone-area-programme/?amp=1

[13] FAOLEX. (n.d.). https://www.fao.org/faolex/results/details/en/c/LEX-FAOC168575/

[14] https://pib.gov.in/PressReleseDetailm.aspx?PRID=1946401

[15] THE 17 GOALS | Sustainable Development. (n.d.). https://sdgs.un.org/goals