INDIAN INSTITUTE OF LEGAL

STUDIES

Subject – ENVIRONMENTAL LAW

TOPIC – A STUDY ON THE LEGISLATIVE

MEASURES AND CONTROL OF AIR
POLLUTION IN INDIA IN RESTROPECTIVE
AND PROSPECTIVE EFFECT

SUPERVISED BY:
MS. ARPITA MITRA
(ASSISTANT PROF. OF LAW )
SUBMITTED BY
NAME: RAJJAK HOSSEN
ROLLNO: 42; SECTION-A
COURSE: BALLB (6TH SEMESTER)
 ACKNOWLEDGEMENT

With profound gratitude and sense of indebtedness I place on record my

sincerest thanks to Assistant Professor in Law, Indian Institute of Legal Studies,
for her invaluable guidance, sound advice and affectionate attitude during the
course of my studies.

I have no hesitation in saying that he/she molded raw clay into whatever I am
through his/her incessant efforts and keen interest shown throughout my
academic pursuit. It is due to his/her patient guidance that I have been able to
complete the task.

I would also thank the Indian institute of Legal Studies Library for the wealth of
information therein. I also express my regards to the Library staff for
cooperating and making available the books for this project research paper.

Finally, I thank my beloved parents for supporting me morally and guiding me

throughout the project work.

Date: RAJJAK HOSSEN

(BALLB 5 YEARS 6TH SEMESTER)

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 TABLE OF CONTENTS
CHAPTER=1
1.1 Introduction……………………………………………….….…5
1.2 What is Air Polluton?.............................
………………………..5
CHAPTER=2
2.1Causes of Air Pollution ……………………………………………6
CHAPTER=3

3.1 CONSTITUTIONAL PROVISIONS……………………………………….9

3.2 INDIAN PENAL CODE, 1860…………………………………………....10
3.3THE CRIMINAL PROCEDURE CODE, 1973………………………..…..10
3.4 SPECIAL LEGISLATIVE PROVISIONS……………….……………..…10
3.5 JUDICIAL APPROACH TO CONTROL THE PROBLEM OF AIR
POLLUTION……………………………………………………………….….13

CONCLUSION…………………………………………………….14
BIBLIOGRPAHY

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 SYNOPSIS
STATEMENT OF PROBLEM: A witness under oath commits perjury by
making a statement in a court or other proceeding that the witness knows is not
true. The statement must be “material” to the subject of the proceeding,
meaning that it must have some relationship to the lawsuit, investigation, or
inquiry of the proceeding.

RESEARCH AIMS & OBJECTIVES: To analyze the concept of Air

pollution in India through the study of various eminent corporate works on
shares related to the said topic.
1.To define and to understand the concept of constitutional provision which
relate to Air Pollution.

2. To know about the definition and meaning of Air Pollution.

3. Lastly, to analyze the project in totality and address the expansive legislative
measures and control Air pollution in India.

RESEARCH QUESTIONS

• Q1- What do you know about Air pollution and its causes?

• Q2- What are the measures taken by to prevent Air Pollution?

• Q3- What are the special legislative provision to control Air

pollution?

• Q4- What are the IPC & CRPC provision to control air Pollution?

RESEARCH METHOD

Present project work is based on doctrinal research. The data has been collected
through secondary sources such as books, articles, journals and internet.

MODE OF CITATION

A UNIFORM CODE OF CITATION HAS BEEN FOLLOWED.

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 CHAPTER=1
1.1Introduction-The Blue space viewed as the ethereal canopy over the ~ the
moving air, the water flowing or. conserved and the land on the plainS and the
hills that allow r:aising of fields, farms and forests on it are all varied forms of
nature. The exploitation of environment ~y man is nothing new. This has
increased to the maximum in the 20th century all over the world. Man exploits
natural resources like ·ares minenils:, oils, undergrollnd waters and above all
plants and trees but substitutes nothing to maintain equilibrium. In the
environment the various elements are measured. Their quality and quantity have
been laid down which is considered to be a standard or·normal ratio. The
industrial growth, . . vehicular movements and fast urbanizing trends in the
society have affected the nature's equilibrium. the ratio of the gases in the
environment has got aberrations. The alarming situation may be referred to the
increasi~g ratio of Carbon dioxide in the environment. . Air pollution is a major
threat and a matter of gr~test concern in the world today. Depletion of ozone
layer is another big problem that the world is facing. Air is one
ofth~.rriost.important constituents ofman's environment. It is calculated that a
man breathes about. 22,000 times a day inhaling about 16 . Kg of air by Weight.
Therefore clean and pure air.is very essei:ltiaJ for fiis health and survival. Any
changes. in the nonnaJ composition ·of the air either quantitative or qualitative
that may affect adversely the living system, particularly the human life
inevitably because air pollution. The problems created by air pollution need to
be studied to enable one to understand the problem of air pollution. To protect
the environment from air pollution which is causing serious damage to the
public heaJth and property

1.2What is Air pollution?

Air pollution can be defined as an alteration of air quality that can be characterized
by measurements of chemical, biological or physical pollutants in the air. Therefore,
air pollution means the undesirable presence of impurities or the abnormal rise in the
proportion of some constituents of the atmosphere. It can be classified in 2
sections: visible and invisible air pollution.
 Earth's atmosphere is made up of nitrogen gas (78%), oxygen gas (21%), and
other trace gases (such as argon and carbon dioxide). This balance is essential to
all life here on Earth, so the introduction of pollutants can have a profound and
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damaging effect. All told, pollution can take many forms, like carbon
compounds such as carbon monoxide (CO) and carbon dioxide (CO²). sulfuric
compounds like sulfur dioxide (SO²), methane, radioactive decay, or toxic
chemicals.In addition, air pollution can be divided into Primary and Secondary
types of pollutants. Whereas primary pollutants are caused by primary sources –
i.e. the direct result of processes (such as industrial emissions or volcanic
eruptions ) – secondary pollutants are the results of intermingling and reactions
by primary pollutants (such as carbon emissions and water vapor, which creates
smog).

CHAPTER=2

2.1Causes of Air Pollution:

1.Natural Causes of Air Pollution:

Human activity is a major cause of air pollution, much of which results from
industrial processes. Credit: cherwell.org
Natural forms of pollution are those that result from naturally-occurring
phenomena. This means they are caused by periodic activities that are not man-
made or the result of human activity. What's more, these sources of pollution
are subject to natural cycles, being more common under certain conditions and
less common under others. Being part of Earth's natural climatic variations also
means that they are sustainable over long periods of time.

2.Dust and Wildfires:

In large areas of open land that have little to no vegetation, and are particularly
dry due to a lack of precipitation, wind can naturally create dust storms. This
particulate matter, when added to the air, can have a natural warming effect and
can also be a health hazard for living creatures. Particulate matter, when
scattered into regions that have natural vegetation, can also be a natural
impediment to photosynthesis.Wildfires are a natural occurrence in wooded
areas when prolonged dry periods occur, generally as a result of season changes
and a lack of precipitation. The smoke and carbon monoxide caused by these
fires contribute to carbon levels in the atmosphere, which allows for greater
warming by causing a Greenhouse Effect.

3.Animal and Vegetation:

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The Chiwaukum Fire in Washington State in 2014. Credit: Washington
DNR/flickr
Animal digestion (particularly by cattle) is another cause of natural air
pollution, leading to the release of methane, another greenhouse gas. In some
regions of the world, vegetation – such as black gum, poplar, oak, and willow
trees – emits significant amounts of volatile organic compounds (VOCs) on
warmer days. These react with primary anthropogenic pollutants – specifically
nitrogen oxides, sulfur dioxide and carbon compounds – to produce low-lying
seasonal hazes that are rich in ozone.

4.Volcanic Activity:

Volcanic eruptions are a major source of natural air pollution. When an eruption
occurs, it produces tremendous amounts of sulfuric, chlorine, and ash products,
which are released into the atmosphere and can be picked up by winds to be
dispersed over large areas. Additionally, compounds like sulfur dioxide and
volcanic ash have been known to have a natural cooling effect, due to their
ability to reflect solar radiation.

5.Anthropogenic Causes:

But by far the greatest contributing to air pollution today are those that are a
result of human impact – i.e. man-made causes. These are largely the result of
human reliance on fossil fuels and heavy industry, but can also be due to the
accumulation of waste, modern agriculture, and other man-mad sense process

6.Fossil-Fuel Emissions:

Emissions by vehicles are a major cause of anthropogenic air pollution. Credit:

ucsusa.org
The combustion of fossil fuels like coal, petroleum and other factory
combustibles is a major cause of air pollution. These are generally used in
power plants, manufacturing facilities (factories) and waste incinerators, as well
as furnaces and other types of fuel-burning heating devices. Providing air
conditioning and other services also requires significant amounts of electricity,
which in turn leads to more emissions.
According to the Union of Concerned Scientists, industry accounts for 21% of
greenhouse gas emissions in the US, while electricity generation accounted for

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another 31%. Meanwhile, emissions caused by gasoline-burning vehicles – i.e.
CO, CO², nitrogen oxides, particulates and water vapor – are also a significant
source of air pollution.
A study conducted by the UCS in 2013 showed that transportation accounted
for more than half of the carbon monoxide and nitrogen oxides, and almost a
quarter of the hydrocarbons emitted into the air in the US. Globally, the
situation is similar, with minor variations according to sector. According to
the IPCC Fifth Assessment Report (2014), industry accounted for 21% of total
greenhouse gas emissions, electricity and heat production for another 25%, and
transportation accounted for 14%.
7.Agriculture and Animal Husbandry:

Greenhouse gas emissions from agriculture (aka. the cultivation of crops and
livestock) is created by a combination of factors, one is the production of
methane by cattle. Another cause is deforestation, where the need for
pastureland and growing fields requires the removal of trees that would
otherwise sequester carbon and clean the air. According to the IPCC Fifth
Assessment Report, agriculture accounts for 24% of annual emissions.
However, this estimate does not include the CO2 that ecosystems remove from
the atmosphere by sequestering carbon in biomass, dead organic matter and
soils, which offset approximately 20% of emissions from this sector.

8.Waste:

Landfills are also known to generate methane, which is not only a major
greenhouse gas, but also an asphyxiant and highly flammable and potentially
hazardous if a landfill grow unchecked. Population growth and urbanization
have a proportional relationship with the production of waste, which in turn
leads to greater demand for dumping grounds that are far removed from urban
environments. For some time, environmental scientists have been aware that the
Earth has several self-regulating mechanisms. When it comes to the Earth's
atmosphere, these mechanisms allow for the sequestration of carbon and other
pollutants, ensuring that the balance of its ecosystem remains unaffected.
Unfortunately, the growing impact humanity has had on the planet is
threatening to permanently alter that balance. Basically, we are adding
pollutants to the air (as well as the oceans and land masses) faster than the
Earth's natural mechanisms can remove them. Ad the results of this are being

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felt in terms of acid rain, smog, global warming, and a number of health
problems that can be directly attributed to exposure to these harmful pollutants.
If we intend to go on living on planet Earth, then sustainability and less
pollution need to be our goals!

CHAPTER=3
3.1 CONSTITUTIONAL PROVISIONS: The concern for preServation and
betterment of enVironment has gained attention for the last forty yea.rS, when it
became clear that natural wealth of a nation js not unlimited. The first serious
attempt for the protection of environment at the global level was made through
Stockholm Declaration in 1972. The DeClaration ·carried the environmental
issues :from local to world ' ' sphere. It is a Magna Carta on human
environment. Mer the Conference, nations throughout the world started giving
priorities to laws by way of their legislative agenda. India being a signatory was
energized to frame laws relating to control and prevention of pollution.
Provisions were incorporated in Constitution in the 44th Constitutional
Amendment Act to capture the wave of · Stockholm Declaration. 'fhis brought
into existence the ne\vly added Articles, Article 48-A and Article 51-A. Article
48-A mandates ·that the State shall endeavour to protect and improve the
environment and to sateguard the forests and wildlife of the country. Article 51-
A (g) imposes fundamental duty on every citizen of India to protect the natural
environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures.
Legislative enactments under Article 253 · ' '. The Air Act a Central
legislation was passed by the Parliament under Article 253 of the Constitution
of India in pursuance of the decision . i taken at the Stockholm Conference on
Human Environment in June 1972. The Parliament through Articles 51, 253 and
Entry 13 of List I of Indian · Constitution has passed the law. Article 253 of the
Constitution empowers Parliament to make laws implementing lndia 's
international obligation or agreements. Article 253 provides that
notwithstanding anything in the foregoing provisions of the Chapter, Parliament
has power to make any law for the whole or any part of the territory of lndia for
implementing any treaty, agreement or 'convention with any other country or
countries or any decision made at any international conference, association or

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other bOdy. Article 51 provides for states endeavour to- ( a) promote
international peace and security~ (b) maintain just and honourab~~ relation
between nations and; (c) foster respect for international law and treaty
obligations in the deBJings of organized peoples with one another and (d)
encourage settlement of international dispute by arbitration
Right to clean Air: An evaluation as a Fundamental Right Air is the most
important constituent of man’s environment. It is calculated. that a man breath
about 22,000 times a day inhaling about 16 kgs of 60 air by weight. Clean and
pure air is very essential for his health and survival. Life subsists as long a
breath last. Unfortunately, with the spectacular scientific discoveries and
developments, we tend to forget that we Jive in a world where pure air is at
premium and this is: just the tip of an iceberg. These dangerous dimensions of
air pollution and other pollutions led the Supreme Court to derive that 'Right to
live is a fundamental Right under Article 21 of the Constitution on and it
includes the right to enjoyment of pollution free water and air for full enjoyment
of life
3.2 INDIAN PENAL CODE, 1860 The First Law Commission of India head¢
by McCauley (who drafted the Indian Penal Code) included 9 chapter 14
consisting of 28 (sections 268 To 294 A) dealing with public nuisance in the
Penal Code as long as 1860. The s9le object~ in excelling chapter 14 is to
safeguard the public health, safety and convenience by causing use acts that
make environment polluted threatening the life of the people punishable. The
Penal Code ill chapter 14 (sections 268 to 294A) deals with public nuisance,
i.e., the offences relating to public health, safety, convivence, decency and
morals. · Before any finding can be arrived at that a public nuisance has been
compromitted under Indian Penal' Code must be the necessary consequence of
the nuisance feasor. Section 268 defines 'Public nuisance' as, a person is guilty
of a public nuisance who does any act or is guilty of an illegal omission which
causes any common injury,
3.3THE CRIMINAL PROCEDURE CODE, 1973 Chapter X-B and C of the
Criminal Procedure Code 1973, deals· with the procedural aspect of the
problems of public nuisance. Wherein the problem of air may be covered to
some extent. Provisions therein provide for a speedy and summary remedy for
public nuisance in case of emergency, where there is danger to public interest.
Section 133 of the Criminal Procedure Code 1973 is also invoked for the
control of air pollution

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3.4 SPECIAL LEGISLATIVE PROVISIONS ' The environmental law
appears to be a recent invention, but it is not a sudden creation. The references
to various aspects ·of environment have been a tradition of Indian society.
Worshipping nature as deity and revering the earth as mother shows the kind. of
conservation ethics that comes to us . through our history, culture, religion and
Vedic philosophy. There are certain general enactments, which provide
provision for the prevention and control of environment pollution. Some of the
general legislation where ·provision for environment protection may be traced
are The Indian Penal Code 1860, The Criminal Procedure Code 1973, The
Police Act 1861, The Easement Act etc. ·However, these codified laws have
been typical of British Administrative System and may be regarded as Colonial
vintage. The United Nations Conference on Human Environment at Stockholm
in June 1972 is a watershed in the history of environment policymaking in
several nations who participated in the Conference. India being a signatory in
the Conference was the only Country to include the policy of environment
protection In its national Constitution. India has also witnessed the enactment of
several legislations on environment. Among the Special . ' legislation. on
enviroxime the following legislations are dealing with air pollution:
- 1] The Air (Prevention and Control of Pollution) Act1981 and Rules.
2] The Environment (Protection) Act, 1986 and Rules.
3] The Motor Vehicles Act, 1988 and Rules.
Air Prevention and Control of Pollution Act (1981) of India!
It is also a comprehensive legislation with more than fifty sections. It makes
provisions, interalia, for Central and State Boards, power to declare pollution
control areas, restrictions on certain industrial units, authority of the Boards to
limit emission of air pollutants, power of entry, inspection, taking samples and
analysis, penalties, offences by companies and Government and cognizance of
offences etc.. The Act specifically empowers State Government to designate air
pollution areas and to prescribe the type of fuel to be used in these designated
areas. According to this Act, no person can operate certain types of industries
including the asbestos, cement, fertilizer and petroleum industries without
consent of the State Board. The Board can predicate its consent upon the
fulfillment of certain conditions. The Air Act apparently adopts an industry
wide “best available technology” requirement. As in the Water Act, courts may
hear complaints under the Act only at the instigation of, or with the sanction of,
the State Board.
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The Government passed this Act in 1981 to clean up our air by controlling
pollution. It states that sources of air pollution such as industry, vehicles, power
plants, etc., are not permitted to release particulate matter, lead, carbon
monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds (VOCs)
or other toxic substances beyond a prescribed level. To ensure this, Pollution
Control Boards (PCBs) have been set up by Government to measure pollution
levels in the atmosphere and at certain sources by testing the air. This is
measured in parts per million or in milligrams or micrograms per cubic meter.
The particulate matter and gases that are released by industry and by cars, buses
and two wheelers is measured by using air-sampling equipment. However, the
most important aspect is for people themselves to appreciate the dangers of air
pollution and reduce their own potential as polluters by seeing that their own
vehicles or the industry they work in reduces levels of emissions. This Act is
created to take appropriate steps for the preservation of the natural resources of
the Earth which among other things includes the preservation of high-quality air
and ensures controlling the level of air pollution.

The main objectives of the Act are as follows:

(a) To provide for the prevention, control and abatement of air pollution.

(b) To provide for the establishment of central and State Boards with a view to
implement the Act.

(c) To confer on the Boards the powers to implement the provisions of the Act
and assign to the Boards functions relating to pollution.

Air pollution is more acute in heavily industrialized and urbanized areas, which
are also densely populated. The presence of pollution beyond certain Limits due
to various pollutants discharged through industrial emission is monitored by the
PCBs set up in every state.

Powers and Functions of the Boards:

Central Pollution Board:

The main function of the Central Board is to implement legislation created to

improve the quality of air and to prevent and control air pollution in the country.
The-Board advises the Central Government on matters concerning the
improvement of air quality and also coordinates activities, provides technical

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assistance and guidance to State Boards and lays down standards for the quality
of air. It collects and disseminates information in respect of matters relating to
air pollution and performs functions as prescribed in the Act.

State Pollution Control Boards:

The State Boards have the power to advise the State Government on any matter
concerning the prevention and control of air pollution. They have the right to
inspect at all reasonable times any control equipment, industrial plant, or
manufacturing process and give orders to take the necessary steps to control
pollution.

They are expected to inspect air pollution control areas at intervals or whenever
necessary. They are empowered to provide standards for emissions to be laid
down for different industrial plants with regard to quantity and composition of
emission of air pollutants into the atmosphere.

A State Board may establish or recognize a laboratory to perform this function.

The State Governments have been given powers to declare air pollution control
areas after consulting with the State Board and also give instructions to ensure
standards of emission from automobiles and restriction on use of certain
industrial plants.

Penalties:
The persons managing industry are to be penalized if they produce emissions of
air pollutants in excess of the standards laid down by the State Board. The
Board also makes applications to the court for restraining persons causing air
pollution. Whoever contravenes any of the provision of the Act or any order or
direction issued is punishable with imprisonment for a term which may extend
to three months or with a fine of Rs. 10,000 or with both, and in case of
continuing offence with an additional fine which may extend to Rs 5,000 for
every day during which such contravention continues after conviction for the
first contravention.

3.5 JUDICIAL APPROACH TO CONTROL THE PROBLEM OF AIR

POLLUTION An independent non-political judiciary is crucial to the
sustenance our democratic--government. The vitality of the democratic process,
noble ' ideals of justice, liberty and equalilfiiTthe constitutional edifice, as well
as the rule of law are all dependent on the tone of the judiciary. Democracy

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signifies a government of the people, by the people and for the people, and the
noble ideals should be easily accessible to- all its members if a government
claims to be truly demo. The Constitution of India honors separation of powers
between the Legislative, Executive and the Judiciary and no organ is allowed to
assume powers, which essentially belongs to other. But a strict and rigid
separation of powers is not feasible and as such an interface is acceptable and
reenvisaged provided for in exceptional areas. The main and prior function of
the judiciary is to deliver justice to all without fear or favor. The courts are
interneciary between people and other organs of the State. It has powers to
scrutinize legislations and administrative actions on the anvil of the Constitution
and the law, in matters brought before it for adjudication or reference. This is
termed as the Court's power of judicial review and has been proclaimed to be a
basic feature of the Constitution. 1 The Indian Judiciary has adopted an activist
goal-oriented approach in the matter of interpretation of fundamental right. The
judiciary has expanded --------- the frontiers of fundamental rights and in the
process rewritten some parts o

Evolution of Absolute Liability Rule The Supreme Court evolved the Absolute
liability rule in MC.Mehta v. Union of India. 5 In this case, the 1 iability stricter
than that of the rule in Rylands v. Fletcher emerged. On 4111 and 5th
December, 1985 oleum gas leaked from one of the units of Delhi Cloth Mills
Ltd. called, Shriram Food and Fertilizer Industries located in thickly populated
area of Delhi and allegedly affected large number of people and one advocate
practicing in the Tis Hazari Court died on account of inhalation of Oleum gas.
The matter was brought before the Supreme Court through Public Interest
Litigation a

CONCLUSION
Certain notable air pollution episodes like the poisonous smog of London, the
killer smog of Donora, Meusue Valley Jisaster, Belgium, Bhopal gas tragedy in
India, posed an international concern on the major thread on the world by air
pollution. In India, although the legislative measures ·on air ··? pollution was
passed in the year 1981 under the Air (Prevention and Control of Pollution) Act;
it became a matter of great concern after the Bhopal gas leak disaster. To
prevent and control air pollution, there have been legal principles and provisions
which have evolved from common law principles and other laws existing in
Indian jurisprudence. Prior to the enactment of the Air (Prevention and Control
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of Pollution) Act I 981, scores of legi~lations have been passed, some of which
are still enforced. An analysis of certain portions of these legislation are
required to understand how far the Acts are effective and what more is required
to be incorporated into these Acts to prevent Air pollution to include all aspects
other than those dealt with under special ··' legislation. On analysing of the
provisions of Indian Penal Code, 1860 an earliest legislation dealing with public
nuisance, one finds that the Code specifically mentions that making the
atmosphere noxious to health is an offence punishable, with a fine that may
extend to five hundred rupees. This section is potential against the offenders
who might be creating pollution by 388 impregnating the air in the cities or
other places with noisome and offensive stink and smell held to be common
nuisance

BIBLIOGRAPHY
BOOKS
 ENVIRONMENTAL LAW, dr. h n TIWARI.6TH EDITION
 ENVIRONMENTAL LAW, LEXIS &NEXIS
WEBSITE
 https://uk.practicallaw.thomsonreuters.com/0-503-2029?
transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp
=1
 https://en.wikipedia.org/wiki/Air_pollution_in_India
 https://www.nrdc.org/experts/vijay-limaye/highlighting-city-actions-
reduce-air-pollution-india
 JOURNAL: THE HINDU

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