INTRODUCTION
Poultry farming refers to the raising of domesticated birds like chickens, turkeys, ducks, and geese for the express purpose of meat or egg production.[1] For the cultivation of these goods, chickens are often bred in differing ways – chickens for eggs are termed “layers” or “laying hens” while chickens for meat are termed “broilers”.[2] Among the wide array of birds whose meat is consumed, chickens constitute the vast majority.[3] Ducks and geese are a minor segment and are more rare. The poultry industry in India thrives in the present day. Chicken and egg consumption is widespread across the country and as a result poultry farms profit from mass production. Some key states leading in poultry farming include Tamil Nadu, Andhra Pradesh, Odisha, Telangana, Kerala, West Bengal, Haryana, Maharashtra, Assam, and Karnataka.[4] As per the 20th Livestock Census conducted in 2019, the total poultry country in India amounts to 851.809 million.[5] Tamil Nadu holds the highest concentration of poultry at 120.781 million. Meanwhile, the state of Tripura holds only 4.168 million birds.
Over time, the environmental consequences of poultry farming have been documented through study and research. Poultry farming poses serious environmental and health risks. Primarily, poultry has the potential to generate heavy air and water pollution. To promote oversight of the industry, the Government of India has set up certain safeguards. The Central Pollution Control Board under the Ministry of Environment, Forests, and Climate Change manages poultry farming. State Pollution Control Boards are managed within respective states.[6] They establish guidelines through consent-to-establish and consent-to-operate certificates. Poultry farms are categorised in two ways: first, small and medium-sized farms are classified as “green”, while larger farms are “orange” industries.[7] By law, poultry farming is regulated by the “Environmental Guidelines for Poultry Farms”, mandated by the National Green Tribunal on September 16, 2020.[8]
As pollution levels increase rapidly in India, the question of how to hold poultry farms accountable for environmental harm is a question to be resolved. Environmental law plays a central part in arriving at a solution. We will be analysing the data and evidence of environmental degradation due to poultry farming, then how the law can play a part in controlling the damage caused – in particular, we will be discussing the relevance of the polluter pays principle in the quest for environmental justice.
ENVIRONMENTAL DESTRUCTION
Poultry farms, while they are indeed crucial for meeting the demand for eggs and poultry meat, can contribute to the destruction of the climate in a myriad of ways. Much of the waste resulting from poultry farms, from spilt feed to feathers and manure, may overflow into neighbouring water bodies through runoff.[9] This waste contains high levels of nitrogen and phosphorus, leading to eutrophication in waterways, or water filled with nutrients.[10] Nutrients in excess disturb aquatic ecosystems – algal blooms may spawn or oxygen may be depleted over time. Fish and aquatic life in general are damaged. Moreover, excessive water from cleaning and the remains of water consumption by birds ends in wastewater accumulation, an ideal space for the multiplication of mosquitoes and other pests.[11]
Aside from water pollution, air pollution is another risk, especially in poorly ventilated spaces. Poultry waste emits ammonia emissions capable of reacting with other pollutants to form particulate matter, like dust or dirt which can ruin respiratory health for the surrounding communities.[12] Apart from ammonia, poultry farms release methane and nitrous oxide from manure management systems. Both are potent greenhouse gases contributing to the threat of climate change.[13] Excreta from the birds also include hydrogen sulfide creating a foul-smelling odour. The odour is rancid due to anaerobic conditions after storage in a singular location for extended periods.
Deposited wastes rapidly become a ground for pathogens and parasites. Germs, insects, flies, and rodents are sourced from waste. “Waste” can be defined as either unused or spoilt eggs or feathers. The unnatural introduction of these leeches into the atmosphere ends in habitat destruction and fragmentation, ultimately becoming a factor in biodiversity loss. Additionally, to maintain these farms, natural ecosystems may be cleared, displacing native species of life. The scientific criterion for fixing these environmental concerns has been studied in depth. A legal method for tackling unruly environmental destruction must also be examined. Justice is not only for the people or society but also for the planet.
THE POLLUTER PAYS PRINCIPLE
A primary principle in environmental law is the “polluter pays” principle. Those who cause pollution or the entities that do so should be liable for the costs associated with adequate management of the same to prevent a detrimental effect on human health.[14] To demonstrate, a factory producing a chemical deemed dangerous as a byproduct of its operations is usually responsible for making sure that the substance is disposed of safely. This idea, which was formally acknowledged in the 1992 Rio Declaration, has been integrated into the framework of sustainable development.[15] It forms one of the guiding principles. This principle is further developed from the concept of absolute liability in tort law. Large corporations and polluters should compensate for the environmental degradation affecting their surroundings considering they can afford to.
LEGAL FRAMEWORKS FOR POULTRY FARMING
To apply the legal concept of the “polluter pays principle” to greenhouse gas emitters, the idea of “carbon pricing” is frequently in use.[16] What is enforced by this technique is a price on greenhouse gas emissions equivalent to their possible future cost in terms of the impact on climate change. This coerces emitters to absorb the cost of pollution, also known as the Social Cost of Carbon (SCC), considered by mainstream economists to be the most efficient way to establish a proper carbon price. As an alternative, a “target consistent” method to structuring the carbon may also be effective, such as environmental guidelines formed around fulfilling certain objectives, like reaching net-zero emissions by 2070.
Both of the aforementioned methods create a financial incentive for polluters (i.e. poultry farms) to curtail their emission levels in fear of the cost. Through two distinct policy instruments, the carbon price can function: the first being a direct pricing mechanism in the form of a carbon tax. The cost of pollution would be determined by a tax rate per tonne of greenhouse gas emitted.[17] Another would be through the existence of a quota-based system, known as cap-and-trade or emissions trading.[18] Through this system, a “cap”, or maximum emission level is set for a specific time. It allocates permits or allowances for greenhouse gas emissions to particular firms. Some firms are capable of reducing emissions at lower costs. This enables them to sell permits to firms that face higher reduction expenses. This emissions trading between different firms maintains a balance between high-cost and low-cost polluters, setting the price of emissions permits. Polluters effectively pay under this system by ensuring that they possess enough permits to cover their total emissions for a given year.
The “polluter pays principle” must necessarily be applied to poultry farming as well, considering the sheer size and pollution level of these farms causing greenhouse gas emissions. Legal and statutory bodies in India and beyond have to ensure that environmental guidelines are being implemented. Permits should be issued. Economic instruments like the carbon tax described can be a tool to promote environmentally friendly practices. Sustainable farming methods encourage poultry farmers to reduce their carbon footprint, therefore aligning themselves with the “polluter pays principle”.
CONCLUSION
Poultry farms continue to prove vital for food production. However, ongoing concerns about the environmental impacts of these farming techniques cannot continue to be ignored. These challenges must be addressed instead of put aside. Poultry farming must be made sustainable for future generations. Legal systems and regimes of public governance should respond to any activity posing a threat to the environment in a world where climate change is already here. There is a growing demand for protein which must be incorporated within environmental regulatory frameworks. Applying the “polluter pays principle” to poultry farming means the proper enforcement of guidelines. Poultry producers should take responsibility for mitigating the impacts of pollution through better practices, adherence to reformed laws, and internalising the costs of pollution.
Author(s) Name: Eshal Zahur (National Law University, Odisha)
References:
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[15] Rio Declaration 1992
[16] Grantham Research Institute, “What Is the Polluter Pays Principle?” (Grantham Research Institute on climate change and the environment, July 18, 2022) <https://www.lse.ac.uk/granthaminstitute/explainers/what-is-the-polluter-pays-principle/> accessed November 19, 2023
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