AIR POLLUTION LAWS AND IMPACT

by | Nov 26, 2023

INTRODUCTION

Air pollution is a grave environmental and public health issue in India. The country’s rapid industrialization, urbanization, and population growth have led to alarming levels of pollution, affecting the lives of millions. To tackle this crisis, the Indian government has enacted laws and regulations to mitigate air pollution and protect the well-being of its citizens. 

THE IMPACT OF AIR POLLUTION IN INDIA

Air pollution in India has severe consequences for both the environment and public health. The burning of fossil fuels, industrial emissions, vehicular pollution, and crop burning contribute to high levels of particulate matter (PM2.5 and PM10), nitrogen dioxide (NO2), and other harmful pollutants.

These pollutants have been linked to respiratory disorders, cardiovascular diseases, and even premature deaths. Furthermore, air pollution poses a threat to the ecosystem, agriculture, and the overall quality of life. 

LAWS AND REGULATION

India has established several laws and regulations to combat air pollution. 

Definitions under the AIR (PREVENTION AND CONTROL OF AIR POLLUTION) ACT

  •    According to Section 2(a), a “air pollutant” is any solid, liquid, or gaseous material that has the potential to hurt or destroy people, animals, plants, or even property. The law was amended in 1987 to include “noise” in the category of dangerous substances.
  •     According to the Air Act, “air pollution” is any hazardous contaminant that causes the air unhealthy for human habitation. 

The most notable legislation is the Air (Prevention and Control of Pollution) Act, 1981. This act empowers the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to regulate and enforce measures to prevent

and control air pollution. The act provides guidelines to monitor emissions, control industrial pollution, and enforce emission standards for vehicles.

Additionally, the National Ambient Air Quality Standards (NAAQS) set permissible limits for various pollutants, including PM2.5, PM10, and sulfur dioxide (SO2), among others. 

The Environment (Protection) Act, 1986, empowers the government to take necessary measures to protect and improve the environment. The act also allows for penalties and legal action against polluters.

PENALTIES AND PROCEDURE UNDER THE AIR ACT 

An imprisonment of one year would be the consequence of not following the Central Pollution Control Board’s directives. In the event that the instructions are still not followed, it may be increased to six years with an extra fine of 5,000Rs each day.

CURRENT SCENARIO

The current air pollution scenario in India remains a cause for concern. Several cities, including Delhi, Mumbai, and Kolkata, consistently experience high levels of pollution, particularly during certain seasons.

In recent years, Delhi has gained attention for its severe smog episodes, leading to public health emergencies and increased public awareness.

To address the issue, the Indian government has implemented measures such as the Graded Response Action Plan (GRAP) in Delhi-NCR, which includes restrictions on construction activities, bans on certain industrial operations, and emergency measures like the Odd-Even vehicle scheme.

Additionally, the government has been promoting the adoption of cleaner fuels, renewable energy sources, and electric vehicles to reduce pollution levels. Despite these efforts, challenges persist, including inadequate enforcement, growing vehicular emissions, and the need for stricter regulations on industrial pollution. 

Collaborative efforts from governments, industries, civil society, and individuals are essential to overcome these challenges and improve the air quality in India.

RECENT JUDGEMENTS 

Indian courts have played a crucial role in addressing air pollution through landmark judgments.

In 2014, the Supreme Court of India passed an order in the case of M.C. Mehta v. Union of India, directing the government to take immediate measures to reduce pollution levels in the national capital, Delhi. The court’s intervention led to the implementation of emergency plans, such as banning the use of diesel generators and restricting vehicle movement during high pollution periods.

In November 2019, the Supreme Court declared a public health emergency in Delhi due to severe air pollution levels. The court mandated measures such as the installation of smog towers, the implementation of a graded response action plan, and the promotion of electric vehicles to combat pollution.

 Source: AIR

Also Read: Swachh Vayu Sarvekshan 2023 (Clean Air Survey) Report

 CONCLUSION

Understanding the impact of air pollution is crucial for developing effective laws, regulations, and policies. India’s legal framework, including the Air Act, NAAQS, and judgments by the courts, highlights the urgency of addressing air pollution to protect public health and the environment. However, effective implementation and enforcement remain key challenges.

Mitigating air pollution requires collective efforts from the government, industries, civil society, and individuals. Stricter emission standards, improved monitoring systems, promotion of renewable energy, and public awareness campaigns are vital to combat air pollution effectively.

 

 

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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