Visual pollution and Nails into trees

Visual pollution and Nails into trees

Visual pollution
Visual pollution is a big problem in the localities, whether it is urban or rural. Nails have been pierced in the trees to hang banners and posters advertising the business of the hawkers. As well as the non-government organisations, political parties, politicians, etc. are spreading visual pollution everywhere.

How is visual pollution made
Visual pollution refers to things that obstruct or distract from natural and manmade landscapes. Visual pollution disturbs the visual area of people by creating harmful changes in the natural environment. Billboards, open storage of trash, antennas, electric wires, buildings, and automobiles are often considered visual pollution. The overcrowding of an area causes visual pollution. Visual pollution can be defined as the whole of irregular formations, which are mostly found in nature.

Not only and aesthetic issue
Sometimes visual pollution is called an aesthetic issue, referring to the impacts of pollution that impair one's ability to enjoy a vista or a view. But it is not the only angle. It is regarding conservation of nature. It is necessary for the beings to see to the utmost capacity they can see when they are in nature. Not only human beings but every living being. It is seen that the visual pollution is in nature even.

Causes behind the visual pollution
The causes behind the visual pollution can be, haze due to dust and air pollution, garbage hips and landfills, telecommunication and electric wires and poles, barren lands and deforestation, urban jungle it means urban house constructed with bad design, smoke spewing chimneys and factories, graffiti, etc.

Recent incident at Latur Municipal Corporation
In this recent incident Latur municipal corporation has given 15 days notice to roadside shops, hawkers and commercial establishments among others to remove nails pierced into trees. Trees are found to be nailed at many places for hanging items meant for sale, erecting display boards and name boards, trees are nailed to support power cables and used for illumination.
The action was taken by the Latur Municipal Corporation on the request of Vasundhara foundation and Green Latur Vriksha Team. According to the Vasundhara foundation, nailing weakens the trunk of a tree and has a gradual adverse impact on the growth and life of the tree. Young and old trees suffer damage due to the insertion of nails. 
Moreover, it causes visual pollution to a great level.

Effects of visual pollution
The effects of visual pollution are very dangerous. Symptoms of the effects of visual pollution can be distraction, eye fatigue, decrease in opinion diversity, loss of identity, increase in biological stress responses and impaired balance. Continuous exposure to visual pollution causes mental irritation and a lack of sleep. Lack of sleep results in psychological disturbance and an inability to make good decisions. Visual pollution can harm our mental and physical health deeply. It also affects biodiversity and creates imbalance in nature. 

1 tree 1000 ACs
One tree works as 900 + air conditioners working in a single year, 24/7. Nature is beautiful. Nature is useful. None of the living beings can live without nature. Any kind of pollution is harmful. 

Legally speaking
Legally speaking an order was given by Justice Devan Ramachandran of High Court of Kerala on 31st October 2023, regarding visual pollution in the remarkable judgement of Saint Stephen's Malankara Catholic Church versus State of Kerala and others. The honourable High court states that citizens have a fundamental duty under article 51A of the constitution of India to preserve and maintain the beauty of the city. The court also stated that an aspect of visual pollution needs to be discussed and that every citizen has a right to have a pleasing environment. 
Defined 
Visual pollution is defined by the court as structures or objects that ruin the natural environment’s appearance, making it unattractive and unappealing.
Visual clutter index 
The court States that visual pollution can be measured with a visual clutter index, which is calculated from the number of billboards, advertisements, and signs seen in an area.
Commercial advertisement
No doubt, permitted posters are a good source of income for the local bodies. But unauthorised banners cause visual pollution.
The Kerala High court further interpreted that commercial advertisement is a part of article 19(1)(a) of the constitution, but article 19(2) allows the state to make laws in the interest of the public. 

The high court observed that it is not merely the aspect of disposal of public waste which alone is important when we deal with the perspective as impelled in this case, but also the angle of visual pollution which is something that is greatly taken note of by the civilised world. It is the right of a citizen to have a pleasing environment and any action perpetrated to deffy this for selfish and vested reasons is certainly an offence which must attract sufficient penalties.
Order
In this scene the Kerala High court has ordered the removal of unauthorised billboards in public places describing them as visual pollution. The court also ordered State authorities to ensure that a maximum fine is imposed on those found installing unauthorised billboards.
Fresh judgement 
There are many other judgments also in India and worldwide developed with regard to visual pollution. The Kerala High court judgement is the fresh one.

Fundamental rights and duties
This can be seen that visual pollution is a serious infringement of fundamental rights of the citizen and also if done a serious breach of fundamental duty by the citizen.

What we need to do
In simple words for the present and for the better future we should conserve trees and avoid visual pollution.
1225
12/11/2023
Jeet
Advocate Shri. Ranjitsinh Ghatge 🦅
9823044282 / 8554972433 / 9049862433
info@rglegalservices.com 
www.rglegalservices.com 

For reference:
https://timesofindia.indiatimes.com/city/aurangabad/latur-hawkers-given-15-days-to-remove-nails-pierced-into-trees/articleshow/105160610.cms

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