Air Pollution
LEGAL FRAMEWORK TO CONTROL AIR POLLUTION
The obvious question that needs to be addressed is whether there is any
legal framework in place to address the menace of air pollution. The Indian
Parliament passed The Air (Prevention and Control of Pollution) Act in the
year 1981 (hereinafter referred to as the "Air Act"). This piece of legislation
provides for the “prevention, control and abatement” of air pollution and “for
the establishment of Boards at the Central and State levels with a view to
carrying out the aforesaid purposes”.
The Air Act was enacted by the Parliament to tackle the many problems
associated with air pollution in the country. It also aims to, and
subsequently does, set up ambient standards of air quality in India. The Act
endeavours to battle air pollution in more ways than one, such as by
completely stopping the use of polluting fuels and substances.
It aims to do so by regulating appliances that give rise to air pollution too.
The Act entrusts and empowers Governments at the State level, in
consultation with the State Pollution Control Boards, “to declare any area or
areas within the Sate as air pollution control area or areas”. As per the Act,
setting up or functioning/operating an industrial plant in a pollution control
area requires the prior consent from State Pollution Control Boards. These
boards are also expected to test the air quality in air pollution control areas,
manufacturing processes as well as to inspect pollution control equipment.
Other important legislations in this area are the Environment Protection Act
of 1986 and the National Green Tribunal Act that work in consonance to
counter the threats posed by air pollution in India.
1. ROLE OF THE JUDICIARY
The next area that requires careful consideration is the response of the
Indian judiciary to the menace of air pollution. In a nutshell, it can
comfortably be stated that the courts have truly played their role of being
the “sentinel on the qui vive” when it comes to the protection of the
environment, not just in Delhi but for the entire country. Following are some
of the important judgments in this area:
a. M.C. Mehta v Union of India, (1998) 6 SCC 60 & (1998) 9 SCC 589
In this case, dealing with the issue of vehicular pollution, the Supreme
Court held that it was the duty of the Government to ensure that air
in the country was not being contaminated as a result of vehicular
pollution. The court further held the right to clean environment is a
right well under Article 21, the right to life and personal liberty
enshrined under the Indian Constitution.
b. M.C. Mehta v Union of India, (1998) 8 SCC 206
This case was revolutionary as the court discussed the subject of lead
free supply of petrol for the first time ever. The Hon’ble Supreme Court
was pleased to hold that old commercial vehicles more than 15 years
old should be phased out.
c. B.L. Wadhera vs- Union of India, W.P. No. 179 of 1999
This particular case was related to the ecological non performance of
compulsory duties by the Municipal Corporation of Delhi. These
duties would include garbage clearance, scavenging and cleaning
Delhi, etc. The Supreme Court held that non availability of funds can
simply not be taken as a ground for ignorance or non performance of
an obligation imposed by legislation.
d. M.C. Mehta v. Union of India, AIR 1997 SC 734
This present case was a PIL filed by MC Mehta. Taking into its judicial
cognisance the harmful effects that emissions from Mathura Oil
Refinery had on the Taj Mahal, the Hon’ble Supreme Court employed
the “principle of sustainable development” to the case. The Court
passed a slew of directions in the matter.
e. M.C. Mehta v. Kamal Nath, AIR 1987 SC 1086
The present case is in fact very significant. Here, an attempt was
made to divert the flow of a river for the purpose of augmentation
facilities at a “motel”. The court was pleased to hold that the State, as
also the instrumentalities thereof, as trustees concerned were duty-
bound to protect and preserve natural resources.
f. Rural Litigation & Entitlement Kendra and Others v. State of U P,
AIR 1988 SC 2187
Yet another landmark judgment, this case was in which the Supreme
Court was informed about the unauthorised mining activities / illegal
mining activities of mining in Dehradun. Consequent of the aforesaid,
the ecology of the surrounding area was getting negatively impacted,
further leading to disorders in environment. The Supreme Court, in
this matter, treated a letter as a writ petition and directed to stop the
excavation.
g. Vellore Citizen’s Welfare Forum v. Union of India, AIR 1996 SC
2718
This present case saw the recognition and evolution of the popular
“polluter pays” principle. The court conducted extensive discussions
on the subject of the “polluter pays” principle and went on to hold that
the same is a part of the environmental law of India. The court
identified that the central or key objective of this principle is to ensure
that the polluter is made to pay for their deeds and compensate their
victims, should their act cause any harm.
2. CONCLUSION
In conclusion, it can be stated that despite the robust involvement of no less
than the Apex Court of the country and despite the presence of legislations
such as the Air Act, pollution levels, especially in a place like Delhi are
rampant. Clearly, there are several lacunae that need to be identified and
governments, both at the Central and the State level need to work
coherently and in sync with another to battle this menace of air pollution
and climate change.
As is evident from the figures, the pollution levels in Delhi have not even left
it liveable. An AQI of 999 is not just scary, but also grossly damaging. Yet,
no effective steps seem to have been taken. It is time that responsibility that
only the courts have been taking so far should now be shared by the
Executive and legislative branches as well, and effective steps at the level of
the government itself be taken to resolve the problem at hand.
REFERENCES:
1. Mehta, O. S. M., & India, T. P. (2020). Compilation of Selected Cases.
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