marine pollution control: an appraisal

Marine Pollution Control:An Appraisal

R. A. MALVIYA*

Transport of materials from the continents to the oceansis a massive and unrelenting process. Rivers and winds transportsubstances in both solid and soluble forms, injecting them intocoastal waters and the open sea. We can consider any man-induced modification of this natural process as pollution if itsensibly alters the quality of the environment or interferes withthe beneficial uses of an area.' The modification may take eitherof the two general forms: addition of man made materials, parti-Cularly chemicals alien to the natural world or an increase, abovethe normal level, of concentration of naturally occurring ma-erials. 2 Either of the modifications may cause pollution.

M.A. (Luck.), LL.B. (Alld.), LL.M. (Banaras), Lecturer, LawSchool, Banaras Hindu University, Varanasi-221005.

Marine pollution is defined as discharge of waste substances into thesea resulting in harm to living resources, hazards to human health,hindrance to fishery and impairment of quality for use of sea water.Marine pollution is associated with the changes in the physical,chemical and biological conditions of the sea waters. ScienceReporter, Nov. 1974, p. 501.

The potentially polluting materials dumped or injected into theocean are divisible into five major types:

Bulk material, such as sewage, sludge or dredge svoils.Phosphates and other materials that affect the biological cyclesof the sea.Heavy metals, such as mercury.Petroleum and oil products.

5. Chlorinated hydrocarbons, such as the pesticide DDT and theindustrial chemicals termed PCB. Brain J. Skinner, Man andthe Ocean (1973), pp. 125-141.

228 COCHIN UNIVERSITY LAW REVIEW

The coastal zone of the ocean is the region most heavilyhit by man-induced changes. The open sea, however, may alsobecome polluted by wind transporting materials from continents,by ocean surface circulation or bottom transport from pollutedcoastal zones or by the deliberate or accidental dumping ofmaterials from ships.

Pollution of estuarine water is spreading rapidly because ofthe ever-growing population density along coastal areas andintensification of coastal activity along the coasts.' There aremany reasons for the growing population density along coastalareas, but one of the most important as well as most disturbingis that more and more industries are making the trek towardsthe coast because they need larger depositories for the waste theyproduce.

Without the sea, this planet would be uninhabitable. Yet,man persists in using the earth's watery sphere as a globalgarbage dump for an incredible quantity and variety of humanand industrial wastes with little regard for the effect on the oceanenvironment.

MARINE POLLUTION IN INDIA: SOME FACTS AND FIGURES

India has a 6,000 km long coast line and an extensive con-tinental shelf. Vast brackish water areas also exist comprisingestuaries, inland bays, lakes, back waters along the coasts,swamps, and tidal pools. All these areas have great food produc-ing potentialities. Rivers flowing through the country add hugequantities of fresh water to the seas around. About 1.4 milliontons of fish is harvested per year from the sea and efforts arebeing made to increase it. 4 India's coastal population along with

A typical Indian estuary is highly productive because of the avail-ability of the nutrients. Most of the Indian estuaries receive freshwater during the monsoon. On other times they are either heavilypolluted due to the indiscriminate discharge of untreated or partiallytreated domestic or industrial waste waters or progressively deterio-rating with their plant and animal populations profoundly affected.Science Reporter, Jan. 1974, p. 36.

India has an ambitious plan to quantify commercially exploitable(f. n. contd.)

R. A. MALVIYA 229

the industries, discharge large quantity of wastes to the sea. sApart from this, a considerable amount can also be expected tobe added from the river run-off caused by industries and habita-tion inland. Mercury forms part of industrial waste dumped intothe sea. Mercury accumulating in the body of the person eatingfish caught from polluted water can damage nervous system andcause paralysis and death. The discharge of mercury from 4 or5 plants in Kalyan-Thana area is 300-400 grammes per metrictons of castic soda produced. Since their capacity is more than300 metric tons a day in the Panvel area, the mercury pollutionhazard might surpass the Minamata mercury pollution in Japan.6

The presence of mercury off the Gulf of Cambay has alsobeen reported by scientists of Gujarat Fisheries and the BhabhaAtomic Research Centre, Bombay. Chlor-Alkali plants locatedalong the coast have been found to be main source of mercurypollution. Out of the total mercury released into the environ-ment through these industries, almost 97% is being dischargedthrough waste water and sludges. The study revealed that thedischarge of mercury from chlor-alkali plants was about 0.5-1.01lb. per ton of chlorine. ? Mercury pollution has been detectedin the Thane creek in Bombay, the Rushikulya river in Orissa,8in Kalu river in Bombay, in Chaliyar river in Kerala and inChambal river.9

A few years ago, millions of sardines were washed up theshore of Bombay. They had died of pollution of bay waters.") In

resources in the country's coastal and deep sea waters. Times ofIndia, Oct. 15, 1978, p. 5, Cols. 3-4; id., Nov. 16, 1978, p. 12 (India'sfirst Exploratory Fishing Vessel).R. Sen Gupta in V. Bhardwaj and J. L. Bhat (Eds.), Managing theEnvironment, Delhi, (1978), p. 107.Time, March 17, 1975, p. 48.Science Reporter, Oct. 1976, p. 581. Calcutta is a riverine harbourand on both banks of Hoogly are situated numerous plastic, paper,caustic, paints and pesticide factories. Greater Calcutta alone mustbe consuming more than a thousand tons of mercury annually byway of fish.Times of India, Aug. 26, 1979, p. 1 (Magazine section); id., Nov.19, 1979, p. 8.Id., Sep. 29, 1980, p. 4.Science Today, March 1972, p. 10.


1973, Goa's beach at Calva was inundated with shoals of dyingfish. Experts from the NEERI confirmed that this has beencaused by arsenic and other toxic chemicals discharged fromZuari Agro Chemicals (ZAC)." Large scale fish kill have alsobeen reported near the Bombay coast.''-

Tens of thousands of chemicals are manufactured everyyear. The creation of chemical compounds is accelerating alarm-ingly. The most sinister side of chemical waste threat may bethe very uncertainty of its ultimate impact. Adding to thedilemma is the fact that waste disposal practices have been sohaphazard that no one knows just how much chemical garbagemust be cleared up or even where it is. Tons of pesticides andinsecticides are used in agriculture and tons of synthetic deter-gents are consumed for washing and cleaning purposes in Indiaevery year. 24% of these chemicals can be expected to findtheir way into the coastal marine environment. So , far, it isestimated, that only some 5% of the waste added to the sea isof inland origin. 13 With rapid industrialisation and urbanisationthis volume is bound to increase.

In India, the use of pesticides has been increasing. 67,000metric tons of various pesticides were used in India during1964-65, whereas the amount increased to more than 2 lakhmetric tons in 1968-69. Though serious incidents consequentupon pesticide use are yet to happen in India, the total ban onthe use of D.D.T. in countries like America and Canada is awarning to others 14

Ocean disposal is the convenient method of pesticide wastedisposal for manufacturing plants located near the oceans. How-

Science Reporter, Nov. 1974, p. 501.Science Reporter, Nov. 1974, p. 501.Supra, n. 5, pp. 107-108.Science Reporter, Oct. 1975, p. 492. India is manufacturing andformulating about 44 types of pesticides in about 86 units of which42% are situated in Maharashtra. During the last 10 years the useof DDT alone in India has increased nearly four fold. See alsoIndian Journal of Environmental Health, Vol. 20, 1978, p. 334;Science Reporter, Aug. 1976, p. 500 and Environmental Hazardsfrom Pesticides, Vol. 12, American Review, Oct. 1967, p. 76.

R. A. MALVIYA 231

ever, large amounts of suspended solids deposition may bedetrimental to the biota which grows on the sea-bed and it maybe difficult for sea-bed dwelling organisms to exist. This condi-tion has been observed in the Hoogly estuary."

The fertilizer industry, along with chemical and petro-chemical industries also cause problems of water pollution. Ferti-lizer factories produce large quantities of wastes which containa variety of substances such as oil, carbon slurry, amonia, urea,amonium sulphate, phosphates and fluorides, acid, alkali, arsenic,caustic, potassium carbonate, etc. which create water pollutionproblems." Major rivers, Arabian Sea, Bay of Bengal, Gulf ofMannar are all receiving pollution from fertilizer industry.

Domestic sewage is as responsible as industrial effluents forpollution. 1 7

Oil spills and washings from super tankers" and blow outs"from off-shore oil platforms pose a real threat to harbours and

Indian Journal of Environmental Health, (1968).

Id., Vol. 15, 1973, pp. 225-256.

The Municipal Corporation of Greater Bombay itself discharge over1,240 million litres of sewage per day into the sea and various creeks,Financial Express, June 6, 1978, p. 5. Without appropriate sewageand sanitation facilities the accumulated wastes could mix with openwater resources leading to high level of water pollution. The effectof mixing of agricultural run-off containing wastes, pesticides andfertilizers in the rural water sources would pose a major problem infuture. See the study of Dr. (Mrs.) Jyoti Parik of the InternationalInstitute for Applied System Analysis in Austria: Times of India,July 20, 1978, p. 2.

Before entering an harbour to take on a new load of crude oil,usually 1/2 of 1% of tanker's capacity is left over from the previousload. In this manner, world's tanker fleets annually dump an esti-mated 1,000,000 tons of oil residue into the oceans. Time, May 21,1973, p. 31.

19. Blow-outs are the most frightfully expensive, disastrously spectacularand internationally dreaded hazards in the oil exploration and pro-duction industry. They are the industry's "maximum" accidents. Oilexperts define the "blow-out" as the sudden, uncontrolled escape ofhydrocarbons (crude oil and natural gas) from a well. A blow-out

(f. n. contd. )


beaches destroying all life and spoiling places of recreations andfish landings.

More than half of world transport of crude oil and its pro-ducts across seas is carried out from the Gulf countries acrossthe Arabian Sea to Far East and to Japan and to Western Coun-tries. Global average yearly oil spill on the sea can be assumedas 3 million tons. A substantial portion of this is, surely, spilton the Arabian Sea, as the concentration of dissolved petroleumhydrocarbons in its water is higher than the normally acceptedfigures for this. The end product of oil spill is tar-like materialwhich is washed ashore and deposited on the beaches. 2° About750-1000 tons of this material are deposited every year, duringthe monsoon months, on the beaches along the West Coast ofIndia.

Cooling water from thermal power plants and nuclearinstallations have also adverse effects on the coastal marinefauna. Sea water for cooling the condensers is drawn from theBay of Bengal. This was one of the main reasons for locatingthe Madras Power Station at Kalpakkam. 2 ' The largest singlesource of radioactive liquid wastes is probably the water used forcooling reactors.22

The development of atomic energy industry presents newproblems to the sanitary chemists and engineers. The industry islikely to grow more rapidly in view of the great possibilities in

is not synonymous with a flare-up or a fire, although, in a matterof hours, it usually leads to one as a result of friction between highpressure gas and particles (such as cuttings and sand, etc.) on theone hand and the casing of the well, on the other. A blow-out, canoccur not only while drilling, but also during completion (of a well),production and work over. Blow-outs during these non-drilling opera-tions have historically posed the greatest threat to human life andto the environment. Times of India, Aug. 4, 1982, p. 1, cols. 1-3.

Such tar balls have been found on almost every coast line of theworld. Once "tar" balls are formed, they are virtually indestructible.See supra, n. 2 at p. 141, Time of India, Jan. 6, 1983, p. 1.

Times of India, Dec. 4, 1979, p. 13.

Course Manual on Industrial Waste Treatment. NEERI, Nagpur1975, p. 26-37.

R. A. MALVIYA 233

regard to the utilisation of the atomic energy for peaceful pur-poses; 23 and, closely associated with the progress of the industryis the problem of disposal of wastes containing radioactivematerials. 24

Disposal of solid wages 25 is a problem in India as is in allthe other countries of the world. We produce about 1.7 Kg. solidwaste per capita per day which is about half as much as thatproduced per capita in the U.S.A. 26 This type of material is nowbeing used as a land-fill, but land for this purpose is rapidlybecoming less available and more expensive and sea disposal ofthis waste material is being used increasingly.

Marine life is threatened by industrial development along theGulf of Kutch (Gujarat coastline.) 27 Some of Kerala's finestbeaches are affected by pollution, according to studies conductedby the National Institute of Oceanography. 28 Marine pollutionaround Bombay and Calcutta poses major problem and mayassume major proportions with increase in industrial activity.The 140-mile Asansol-Durgapur-Calcutta stretch of DamodarRiver is found to be one of toxic chemicals and hazardous sub-stances. 29 About 525 million gallons of polluted water enters theGanga and the Damodar River systems from the Bengal indu-strial complexes every day. 30 The magnitude of widespread waterpollution can be judged from the fact that an urban populationof about 110 million in India generates over 55,000 tons of

The Department of Atomic Energy has proposed to set up eightmore nuclear power plants. Times of India, Des. 21, 1982, p. 3.

Times of India, Jana 31, 1982, p. 1 (Magazine Section).

Solid wastes, as they settle, reduce fish egg, survival and reduceefficiency of organisms. Olson and Burgess (eds.) Pollution andMarine Ecology, (1967), p. 178.

Supra, n. 5, pp. 108-109.

Times of India, March 2, 1982, p. 4 (Magazine Section).

Id., Sep. 3, 1981, p. 5; Oct. 29, 1981, p. 5.

Financial Express, Nov. 8, 1976, p. 4; Id., June 25, 1978, p. 4.

30.. Competition Master, Vol. XVII, No. 8, Jan. 1977, p. 386.


refuse every day, major portion of which finds its way into therivers and other source of surface water. 3 ' Seventy percent of ourinland Indian Waters are of doubtful quality. 42

Nearly all the industrial centres of India have thus becomethe foci of pollution problems. The licence of a paper factoryin Goa had to be cancelled because coastal fisheries had begundying due to the wastes discharged by the factory. 33 The four-month long fish famine in the Arabian Sea along the SouthKanara Coast has hit hard over 6,000 traditional fishermanfamilies. Discharge of factory effluents into the sea was the rea-son attributed for the fish famine.34

Damage due to all these sources (as stated above) has notyet reached alarming proportions in the country in generalalthough at some places it has. For example, it has been cal-culated from observations that the inorganic phosphate contentin the waters in near shore areas of Bombay city have increasedabout 50% during the last 20 years 35 Although the emergenceof industrial pollution in India had been relatively a recentphenomenon, a stage has, however, been reached to strike abalance between the need for industrialization and ecologicalprotection.

Financial Express, June 16, 1978, p. 5. It has been recently reportedthat the river Yamuna at Delhi is massively polluted downstream ofWazirabad. 210 million gallons of total waste falls daily into theYamuna, out of which 117 million gallon comes as untreated waste.About 1.7 per cent of the total waste water is contributed by indus-trial pullage, which is discharged untreated into the river. Times ofIndia, April 29, 1983, p. 13.

Science Today, Feb. 1974, p. 34.

Na y' Bharat Times, Aug. 28, 1977, p. 5, Col. l.Pulp and paperindustry is one of the largest waste producers. Currently, there are57 mills making 770,000 tons of paper a year. This is expected torise in future years. The effluent discharge is around 60,000 gallons,with objectionable constituents like colour, high suspended solidsand COD: Science Today, Nov. 1973, p. 49.

Times of India, Feb. 11, 1979, p. 7.

Supra, n. 5, p. 109.

R. A. MALVIYA 235

GROWING AWARENESS

Of late, India has shown her awareness of great and grow-ing stakes in the sea. It has done so at the successive sessionsof the United Nations Conferences on Law of the Sea, as wellas by taking such steps as extending the limit of territorial watersto 12 miles and proclaiming a 200 mile Exclusive EconomicZone.. Exploration and exploitation of enormous mineral wealthof the continental shelf and the deep sea-bed should not be hardto imagine. 36 Oil has already been found in Bombay High. 37 Th'sis definitely welcome, but experts should not overlook the threatthe project poses to the sea and marine life. In coming yearsthere are likely to be several drilling rigs, a large number ofplatforms, moorings for loading of oil, hundreds of miles of oiland gas pipelines and possibly some floating factories." Thesewould require constant surveillance and adequate means ofdetecting and controlling pollution in the seas bordering India,if the marine environment is to be protected."

The marine environment of most concern will be principallythe estuaries, the beaches and the continental shelf. In terms ofinternational law, this includes our salty internal waters, ourterritorial sea and our continental shelf. We will be responsiblefor pollution in these areas and the problems it raises; this can-not be blamed on, or shared with, other countries. This is notto say that pollution of international waters will not be a problembecause a problem already has arisen due to objects floating onthe surface.

Already close to 20% , of the world's oil comes from offshore wells,and the amount is likely to jump and significantly in comingdecades as the energy squeeze tightens. Oil companies estimate thatoffshore reserves are greater than those existing in land. A recentU.N. study puts the amount of oil in the continental margins at astaggering 2,272 billion barrels.

Science Today, March 1972, p. 13.

India was to commission by 1981 a research vessel to undertakeoffshore mineral exploration progammes in the Indian Ocean and theBay of Bengal. Times of India, Sep. 11, 1978, p. 7.

Id., July 16, 1982, p. 5, Cols. 1.


LEGISLATIVE MEASURES AIMING AT PREVENTION AND CONTROL

OF MARINE POLLUTION

The deterioration of human and natural environment is aglobal problem. Worldwide awareness and concern has beenincreasingly evolving around this problem in recent years in allthe countries. This concern is reflected in the conclusion of anincreasing number of multilateral and bilateral internationaltreaties and agreements; and in the introduction of new or re-vised legislation in many countries.

The Water (Prevention and Control of Pollution) Act,1974, and the Territorial Waters, Continental Shelf, ExclusiveEconomic Zone and other Maritime Zones Act, 1976, are theexisting Indian legislative measures concerned with the controlof the quality of the marine environment.

(1) The Water (Prevention and Control of Pollution) Act,

1974.

The purpose of the 1974 Act" is the prevention and control

of water pollution and the maintaining or restoring of whole-

someness of water streams and wells. 'Stream' is defined to

include:

Sea or tidal waters to such extent or, as the case may be,

to such point as the state government may, by notification

in the Official Gazette, specify in this behalf.'"

Drawbacks of the 1974 Act

(i) Existence of knowledge on the part of polluter is anecessary condition to hold him liable for the offence. Thisclearly dilutes the efficacy of the Act. If the polluting matter isdischarged into water by negligence on the part of the polluter,he may escape prosecution under the Act for lack of knowledgeon his part.

40. For the text see A.I.R. 1974 Acts 59.

41 Id., S. 2(g)(v).

R. A. MALVIYA 237

Similarly, he cannot be prosecuted if he happens to fallwithin one or more exemptions contained in Section 24(2) ofthe Act.

He may also escape the liability for discharging pol-luting matter into a stream or well, if he obtained the consent ofthe Board.

(iv) The Act does not provide for due co-ordination betweendifferent agencies which are engaged in pollution control directlyor indirectly.

Suggestions

It is submitted that on application under Sections 25and 26, the citizen's right to object to such consent be recognised.

Water Boards should install their plants in the indus-trial belts (where industries are located) and the pollution treat-

.ment fee may be charged from the industries concerned.

Much more is needed in the shape of co-operationfrom the Indian Standards Institute and Central Water andPower Commission.

On occasions the Board has won convictions. But thepenalty has been so paltry that the offenders simply pay up andbegin polluting water sources as heavily as before. The Boardmust seek to have the penalty raised to deterrent levels.

(2) The Territorial Waters, Continental Shelf, Exclusive Econo-mic Zone, and Other Maritime Zones Act 1976.42

Section 5(4) (b) of the Act says: The Central Governmentmay take measures in contiguous zone with respect to sanitation.'"According to Section 6(3)(d), the Union has in the Continental

For the text of the Act see A.I.R. 1976 Acts, 268 and 16I.J.I.L. 447 (1976). This measure was adopted by Indian Parliamertbearing in mind the consensus, and the trends at UNCLOS III.

The contiguous zone of India extends to 24 nautical miles from thebase line [Section 5(1)1, and is a part of the territory of India[Section 5(5) (b)].


Shelf "exclusive jurisdiction to preserve and protect the marine en-vironment and to prevent and control marine pollution". TheCentral Government may make provisions with respect to the pro-tection of marine environment in the continental shelf" and in theExclusive Economic Zone. 45 In the Exclusive Economic Zonealso the Union has exclusive jurisdiction. According to Section15(2)(e), the Central Executive has power to make rules forpreservation and protection of the marine environment and pre-vention and control of marine pollution.

Drawbacks of the 1976 Act

The Indian Maritime Zones Act does not establishvalues and standards for effluents and discharge of pollutants.To ensure that an activity does not cause pollution, and thusstays within the law, it must lay down the standards in preciseterms.

It does not establish agency or agencies responsiblefor installation, running and maintenance of water purificationplants; surveillance of waste waters discharged according to anauthorisation; and, investigation of the source of any pollution.

It does not prescribe the procedure for the control ofwaste waters into the sea, e.g.. application for authorisation todischarge waste waters, sampling of effluent by laboratories.

It does not designate the competent authorities forsampling effluents from waste waters and the competent agenciesfor detecting infringements of the Maritime Zones Act.

(v) It does not fix the terms and time limit for substitutingproceedings pursuant to the Maritime Zones Act.

The Central Government may declare any area of the continentalshelf and its superjacent waters to be a designated area. Section 6(5 )(b) (III) and 9.

The Central Government may declare any area of the exclusive eco-nomic zone to be a designated area. [Section 7(6)(a)] and can makeprovisions for protection of the environment therein [Section 7(6)(b) (IV)].

R. A. MALVIYA 239

It does not prescribe the conditions under whicheffluents, may be discharged into the body of oceanic water.

It does not lay down the criteria for establishing thequality of maritime territorial waters within the boundaries oforganised public bathing places and beaches.

(viii) Finally, it does not solve the question of shipowner'sliability.

Suggestions

(i) Offences (Dumping): The following be declared offences:

Dumping of substances and articles in Indian waters froman Indian ship, aircraft or marine structure within Indianterritorial waters.

Dumping of substances and articles in the sea outside Indianwaters from an Indian ship, aircraft or marine structure.

Loading substances or articles into a ship, aircraft or marinestructure in India or Indian waters for dumping at sea,whether in Indian waters or not .

Causing or permitting any dumping or loading as mentionedin (a), (b) and (c) above.

(ii) Offences (Oil Pollution): The following be declaredoffences:

Discharge of any crude oil, fuel oil, lubricating oil, heavydiesel oil or a mixture containing oil, into the sea outsideIndian waters from a ship registered in India.

Discharge of any oil or any mixture containing oil into thesea within Indian territorial waters.

Discharge of any oil or any mixture containing oil into anypart of the sea from a pipeline or otherwise than from aship as a result of the exploration of the sea-bed or sub-soilor the exploitation of their natural resources in a designatedarea, i.e., an area designated by an order under the Mari-

time Zones Act.


Discharge in Ports: Port Authority may appoint aplace where the ballast water of vessels may be discharged intothe waters of the port at such times and subject to such condi-tions as the authority may determine. The Port Authority mayprovide oil reception facilities, enable vessels using the port todischarge or deposit oil residues.

Equipment: Ships be fitted with equipments to preventor reduce discharge of oil and mixtures containing oil into thesea.

(v) Records: An oil record book should be maintained bythe master of the ship, and, in which, the following informationbe entered:

Loading

Transfer or discharge of oil cargo.

Ballasting or cleaning of oil tanks.

Disposal of oil residues.

Discharge to secure the safety of the vessel or to save life.

Escaped or escaping oil from the ship as a result of leakage.

(vi) Enforcement: Inspectors be appointed who shall havethe following powers:

To board vessels and to test equipment.

To require the production of any records or books.

To copy records in order to enforce the Act.

(vii) Liability: Shipowners should be made liable for:

Damage as a result of discharge of oil.

Cost of measures taken to prevent or reduce the conse-quences of the escape of oil.

Damage caused as a result of such remedial measures

(viii) Insurance Certificate: Provision must be made forcompulsory insurance of ships carrying bulk oil or other security

R. A. MALV1Y A 241

covering the owner's liability. For this the oil pollution (com-pulsory insurance) regulations be framed.

CONCLUDING REMARKS

Environmental wisdom and awareness has come late, butit has made enormous impact in India. Legislation and the esta-blishment of controlling and preventing agencies have set thecountry firmly on the way to a clean environment, a better ecolo-gical balance. Environment and its degradation knows no fron-tiers. Governmental action therefore takes on a truly inter-national dimension in that the measures at national level needbe both conceived with a view to their transnational impact andcomplemented by measures effective across national boundaries.The various recommendations or conventions, drawn within theinternational organizations at universal and regional levels settingout standards and norms, should serve as a basis for provisionsof national legislation.

Some measures are of utmost importance in solving waterpollution problems—establishing a Marine Water ManagementFund to provide long-term loans to the private sector for con-struction of industrial effluent purification plants; giving preferen-tial treatment to antipollution investment under the income taxlaws; developing less wasteful industrial processes and techniquesfor waste disposal 46 and water pollution abatement technology;

46. But one could also make pollution work the other way round. Thesea also has a great capacity to assimilate wastes due to its largevolume and rapid mixing. By diluting the wastes, so that its micro-organisms can breakdown the organic constitutents, it provides anefficient means of waste disposal. But optimum use of the sea forwaste disposal for municipalities, power and chemical plants, requii escareful management of local environment and understanding of itstransport, diffusion and biological degradation. Domestic sewage,with deliberate additions of certain elements or organic compounds,can be used to produce natural fertilisers for the marine environ-ment, and pollution can be actually used to increase productivity.Obvimply this would require scientific reasearch, good managementand careful controls.


recovery and re-use of resources; 47 surveying by the NationalCommittee on Environmental Planning and Co-ordination todetermine the level of mercury pollution in our coastal waters;48trapping the pollutants at source; enacting legislation on safetysteps for pesticide spraying.

Any progress in the protection of marine resources requiresa plan for national action and for orderly development of theuses of the sea." The plan, must provide for the immediatecontrol of the pollution problem, concurrently with initiation ofa long range programme to develop knowledge, technology anda framework of the laws and institutions that will lay down thefoundation for efficient and productive marine activities in theyears ahead. The creation of a central agency to be called theMarine Resources Commission would be necessary if our marineresources are to be effectively explored, exploited and kept un-polluted. Collection of uptodate information on various facets ofmarine technology, data collection regarding the physical en-vironment of oceans, its analysis and presentation for the benefitof user organizations and other users of the sea are some of thefunctions which need to be centralised. Furthermore, the Com-mission will be responsible for articulation of the national oceanpolicy.

Establishment of a global net work of monitoring stationsat appropriate sites in oceans is necessary. The purpose of moni-toring is to detect any serious deterioration of the aquatic en-vironment as a result of the introduction of man-made pollutantsand provide advance warning to mankind.

Waste reclamation minimises environmental pollution. Besides, in thedeveloping countries, utilisation of wastes such as agriculture andforests can provide some extra employment and income. There areexamples of what wealth lies in waste. In fact, conservationists assertthat 90% of the garbage can be reclaimed and re-used. ScienceToday, Aug. 1971, p. 53; Times of India, Feb. 8, 1981, p. 8.

Such a step will be helpful in taking timely action to curb themenace of pollution due to this heavy metal.

It has been pointed out that almost every form of marine life,especially that found in tropical lagoons, can be harnessed as asource of medicine. Times of India, April 7, 1983, p. 6.

R. A. MALVIY A 243

Standards for marine waters, covering estuaries, creeks, ter-ritorial waters and open sea, should be laid down by the ISI asearly as possible.

The location of industries should be selected from environ-mental considerations and emission standards should be workedout for each factory. There cannot be a uniform standard of emis-sion of a particular pollutant. 50 Emission standards should bepracticable as well as flexible. They should be linked with theeconomic aspects, climatic factors and available treatmentmethods. Further, they should be introduced in a phased mannercompatible with the economics of pollution control and theproduct cost. A special charge should be levied on emissionsover and above those licensed by administrative permits and re-gulations, regardless of whether such excess emissions are inten-tional, accidental or the result of negligence. There should bestrict application of "Polluter Pays Principle" by way of a onetime fee to cover the costs of administrative supervision.

The implementation of a country wide radiation safety pro-gramme will be successful only if the radiation workers are edu-cated in the safe use of radiation sources. Realising this necessity,training programmes should be undertaken by the Departmentof Atomic Energy. Moreover, the IAEA (International AtomicEnergy Agency) should keep on updating the safety guides andcodes required for the site, design, operation and quality assurance,based on the operating experience of all the nations. 5 ' It shouldsee that stringent radiation safety requirements are met.

Pesticides should be used only when needed and in minimalquantities required to protect resources. Highly persistent org-anochlorine pesticides should be replaced by less persistentorganophosphorous insecticides. The distribution of pesticidesshould be restricted and should be done by government agencies.

This depends upon the water quality criteria, meterological factorsand the nature of area, etc.

Taking into consideration the local conditions, based on the [AEAguides, individual countries also make their own guides and codes.


Mass education in environmental matters is essential inorder to broaden the basis for an enlightened public opinion andresponsible conduct by individuals, enterprises and communitiesin protecting and improving the environment in its full humandimensions. A planned strategy is needed to devote adequatetime on dissemination of scientific information on basic lifesupport systems and sources, distribution, effects and control ofvarious pollutants. Mass communications media, such as radio,press and films, are likely to be of great help in this regard.Through the All India Radio newsworthy materials can be sen-sationalised in effective communicable terms and widely dis-seminated throughout the country. Suitable educative slogans onpollution control should be broadcast during regular programmes.Increase in in-depth reporting instead of mere news coverage onpollution through the regular columns of the newspapers willmake considerable impact on masses. The other powerful media isthat of science films. There is an urgent need to sponsor films onmarine pollution control. "Live-demonstration" on pollution,such as demonstration of injured fishes or contaminated fishescan be done at community development centres and on TV whichwill have instanteneous impact. "Why conserve?" is a questionwhich can be beautifully answered by organising exhibitions.52It is suggested to establish an authentic "information-bank" onpollution for the use of mass media. Mass media can, thus, beof great help in creating pressure groups (scientists, professionalsand public at large) to ensure correct decisions by governmentagencies and to generate environmental consciousness among thepeople.

In order to frame an environmental policy, maintaining themarine ecosystem, preventing human health hazards, without jeo-pardizing industrial and agricultural growth, it is desirable tofind out the extent to which such pollutants can be tolerated bythe ocean, maintaining its normal biota. It is also essential toidentify the chain reaction that the material may initiate, afterits discharge into the ocean. For coastal factories, submarinepipelines for the discharge of effluents at a certain depth, below

52. Times of India, March 7, 1980, p. 3.

R. A. MALVIYA 245

the surface of the sea, are desirable, as recommended by theNational Institute of Oceanography, Goa. 53 Therefore, a completeecosystem analysis, with special reference to the effects and con-tribution of each component, should be undertaken. 54 The absenceof a planned approach to this problem would lead inevitably todrastic marine pollution and consequent repercussions on life inthe ocean and on the land.

N.I.O., Annual Report, October, 1982.

Times of India, June 27, 1982, p. VI (Magazine Section).

Mode of Citation 119841 C.U.L.R.

marine pollution control: an appraisal

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