The document discusses how the Disaster Management Act 2005 could be reimplemented to address pollution issues in Indian cities post-COVID 19. It outlines the objectives of studying the impact of implementing the Act on the environmental framework and comparing pollution levels before and after. It also discusses the hypotheses that effective measures under the Act will help protect the fundamental right to a clean environment. During the COVID lockdown imposed under the Act, pollution levels drastically decreased in many cities due to restrictions on movement and industry. Implementing certain regulatory measures of the Act long-term in a post-COVID scenario may help curb the slow poisoning of cities from pollution and protect human rights.

1. Human Right to Clean Environment: Can the Disaster
Management Act 2005 be re-operationalised to tackle our slowly
poisoning cities Post- COVID 19?
Dr. Azimkhan Pathan
Professor of Law and Associate Dean,
School of Law, Galgotias University,
Greater Noida, UP, India.
Email: azimkhan.pathan@galgotiasuniveersity.edu.in.
Ms. Akanksha Jain
Student of BBALLB Program,
School of Law, Galgotias University, Greater Noida, UP, India.
Email: akanksha_jain.gsolllb@galgotiasuniversity.edu.in.
Department of Laws, Panjab University, Chandigarh
National webinar on "Human Rights: Issues & Challenges
amid COVID-19"
JUNE 10, 2020

2. Outline of Research Paper
• Statement of Problem
• Objectives of the Study
• Hypotheses of the Study
• Research Methodology
• Conceptual Background
• Discussion
• Finding, Conclusion and Suggestions

3. Statement of Problem
• This presentation aims to focus on the impact which the Disaster Management Act,
enforced due to COVID-19 pandemic has on the Indian environmental framework.
The presentation aims to highlight the silver lining which has emerged amidst all the
chaos, i.e. the increased focus on the grave issue of rising pollution which had
severely deteriorated and degraded the environment and health as well as embracing
of regulatory or policy measures so as to curb the same.
• With the crisis of COVID-19 certain measures were taken incorporating the
imposition of a lockdown, under the National Disaster Management Act, 2005, which
has drastically improved the environment in different ways which has made the
individuals realize that improving the quality of air in our country is not a matter of
choice but an emergency.
• This presentation aims to highlight that to tackle air and other forms of pollution
promptly, which has become an health hazard for the generations and is befouling and
poisoning the towns and metropolitans in the recent times and to protect the basic
human right to clean environment which forms the essence of right to Life, re-
operationalization of the DM Act in the post Covid-19 scenario is essential.

4. Objectives of the study
• To study the nature, extent and principles of environment protection streamlined
with human rights.
• To analyze the enviro- legal impact of the further implementing the DM Act, 2005
in India, in the Post-Covid-19 scenario.
• To discuss and compare the population levels before & after the implementation of
the Act in various metropolitan cities.
• To find out in what ways India can achieve quality environment standards and
maintain the sanctity of life.
• To gain familiarity with a phenomena or to achieve a new insight into it.
• To test the hypothesis on the basis of secondary sources (doctrinal research along
with empirical analysis).

5. Hypothesis
• On the basis of the earlier studies, personal observations, discussions with
Intellectuals, available reports on e-justice systems, certain hypotheses were
framed. They are as follows:-
• Environment is constantly degrading which is a matter of grave concern and there is
need for implementation of policies to protect the same.
• Efficacious regulatory measures & policies as can be imposed under the Disaster
Management Act, 2005, will facilitate protection from the slow poisoning of whole
of the nation, through huge-scale emission of greenhouse gases, and inappropriate
system of waste management be it : metropolitan cities, towns rural areas and
provide protection to fundamental rights and human rights in real sense.
• There is a significant improvement with imposition of measures such as lockdown,
restrictions on movement, restrictions of industrial activity and disposal of waste
etc. on the environment under the DM Act and therefore they shall be continued to
operational with certain changes in the Post-Covid-19 Scenario as well.

6. Research Methodology
• In this study we are using Doctrinal or non- Empirical form of Research alongwith
data analysis. Non–Empirical methods consider the reflection, personal observation
and authority/experience. While employing Non-empirical methods the researchers
are meant to review the progress in a certain field of research (e.g., systematic
literature review, meta-analysis, critical studies). We have also employed stats,
graphical representations and other data so as to develop a better understanding of
the same.
• Non-Empirical Research methodology focuses more on theories, methods and their
implications for education research. It can include comprehensive reviews and
articles that focus on methodology. Our methodology relies on empirical research
literature and is data-driven and interpretation of those information is drawn out
towards the conclusion of that research work.

7. • Interestingly, in a deviation from standard practice, there is introduction of several
regulatory methods which has significantly improved the environment.
• COVID 19 based lockdown has constrained the individuals to their homes while regulated
industrial practices which has contributed significantly in making the environment
poisonous and deadly to inhabit for the flora and fauna.
 The National Disaster Management Act, 2005, imposed with it’s legislative intent as to,
“provide for the effective management of disasters” is an essential step reduce and curb
the ever growing increasing pollution. And therefore it should be implemented post
COVID-19 period too. This legislation mandates the disaster authorities coordinate among
themselves and take measures for the prevention and mitigation of the pandemic.
Preventing and mitigating the risks of COVID-19, therefore, means the mandate for the
disaster authorities is also to tackle air and other forms of pollution head-on.
 There are several contentions placed that suggests that governments and different
organizations in developing countries ought to benefit from the intervention of the
regulatory bodies since it showed the pollution source control can attenuate the air quality.
Temporary such source control in a suitable time interval may heal the environment.
Conceptual Background

8. DISCUSSION
• Just before this pandemic had hit the country, By November, 2019,
Pollution had hit record high in New Delhi and it was termed as a
“Gas chamber”. The Air Quality Index had hit the 500-mark,
considered as "severe-plus emergency" category, in several locations
across the city and hovered close in many other areas.
• Measures such as distribution of Five million face masks in schools
were planned out across the country's capital as it had seen air
pollution reach its peak but experts were of opinion that a lot more
was still needed to be done by the government. The city government
even ordered the shutdown of construction activities and coal-based
power plants
• Just as measures adopted in this pandemic, A public health
emergency was then also declared in the capital and construction
activity has been banned until November 5. Health experts said the
hazardous air pollution has become a serious concern for about 20
million residents & All schools in the capital would stay closed until
November 5, 2019.

9. • With air quality compromised indoors and outdoors, it has a direct
impact on the health of children, expecting mothers and senior
citizens. There was a sudden increase in the number of patients
visiting the hospital with respiratory issues & hospitals were falling
short of beds for such patients. A study of the Air Quality Life
Index by the Energy Policy Institute at the University of Chicago,
released in 2019, said that life expectancy of people living in the
Indo-Gangetic Plain, comprising of the states of Bihar, Chandigarh,
Delhi, Haryana, Punjab, Uttar Pradesh and West Bengal, has
reduced by up to seven years due to poor air quality.
• The study of the region from 1998 to 2016 also underlined that
pollution is nearly three-times deadlier in north India compared with
the rest of the country. Scheme for vehicles were also set to make a
comeback in Delhi, but even this action taken by the government so
far only reduced the round-the-year pollution but the levels were
still very high & it was opined that Delhi requires another 65 percent
cut to meet the clean air standard.

11. According to the 2019 World Air Quality Report published by IQAir
AirVisual. India dominated its list of the smoggiest urban areas,
accounting for 14 of the top 20.

12.  Ambient air pollution in India is estimated to cause 670,00 deaths annually and
particularly aggravates respiratory and cardiovascular conditions including chronic
bronchitis, lung cancer and asthma.
 Ambient air pollution is linked to an increase in hospital visits, with a higher
concentration of outdoor pollution particulates resulting in emergency room visit
increases of between 20-25% for a range of conditions associated with higher
exposure to air pollution.
 Approximately 76% of households in rural India are reliant on solid biomass for
cooking purposes which contributes further to the disease burden of ambient air
pollution experienced by the population of India.
 In the previous years, despite new government policies meant to address the issue,
New Delhi’s air quality had fallen from where it was five years ago, rising to the
fifth-worst spot globally and making it by far the world’s most polluted major city,
the report said. The worst-ranked city -- Ghaziabad -- is a Delhi suburb, as are a
number of others ranked separately in the top 20.
 Across much of northern India, air quality still remains catastrophic as politicians
prioritize economic growth and spar over responsibility.
 Many citizens are still unaware of health concerns and resource-starved agencies
struggle to carry out new -or even existing -measures designed to curb the smog.

13. The most important reason for concern over the worsening air pollution in the country is its effect on the
health of individuals. Exposure to particulate matter for a long time can lead to respiratory and
cardiovascular diseases such as asthma, bronchitis, COPD, lung cancer and heart attack. Asthma is the
leading health problem faced by Indians. Not surprisingly, it accounts for more than 50% of the health
problems caused by air pollution. The Global Burden of Disease Study of 2017 analysed in a report by The
Lancet indicated that 76.8% of Indians are exposed to higher ambient particulate matter over 40 μg/m³,
which is significantly above the national limit recommenced by national guidelines on ambient air pollution.
The study estimated that of 480.7 million Disability-Adjusted Life Years in India 4.4% of could be ascribed
to ambient particulate matter pollution and 15.8 million of them were the result of polluted air in
households. In terms of average life expectancy it is suggested that average life expectancy in India would
increase by 1.7 years if exposure was limited to national minimum recommendations.

14. • Amid the COVID-19 pandemic, a nationwide lockdown is imposed in India under the
National Disaster Management Act, 2005,which was initially for three weeks from 24th March
to 14th April 2020 and but then extended up to 3rd May 2020. Due to the forced restrictions,
pollution level in cities across the country drastically slowed down just within few days
which magnetize discussions regarding lockdown to be the effectual alternative measures to
be implemented for controlling air pollution.
• The air quality scenario amidst the lockdown period scientifically with special reference to
the megacity Delhi, demonstrated that during lockdown air quality is significantly improved.
Among certain pollutants, concentrations of PM10 and PM2.5 have witnessed maximum
reduction (N50%) in compare to the prelockdown phase.
• In comparison to the last year (i.e. 2019) during the said time period the reduction of PM10
and PM2.5 is as high as about 60% and 39% respectively. Among other pollutants, NO2
(−52.68%) and CO (−30.35%) level have also reduced during-lockdown phase. About 40% to
50% improvement in air quality is identified just after four days of commencing lockdown.
About 54%, 49%, 43%, 37% and 31% reduction in NAQI have been observed in Central,
Eastern, Southern, Western and Northern parts of the megacity.

15. Graphical representation of
improvements in air quality index
during the lockdown phase
imposed under the NDMA Act.
Source: Susanta Mahato, Swades Pal, Krishna Gopal Ghosh “Effect of lockdown amid COVID-19 pandemic on air quality of the megacity
Delhi, India” , Science of the Total Environment journal homepage: www.elsevier.com/locate/scitotenv

16. • Environmental deterioration could eventually endanger life of present and future
generations. Human rights cannot be secured in a degraded or polluted environment
& to live in a sound and quality environment is a sacrosanct privilege. Human rights
and environmental protection are connected in light of the fact that both are required
so as to accomplish the highest calibre of life. Most formulations of the right to
environment, qualify it by words such as “healthy”, “safe”, “secure” or “clean”,
making clear the link between environmental protection and the aim of human
health.
• Therefore, the right to life has been used in a diversified manner in India. It
includes, inter alia, the right to survive as a species, quality of life, the right to live
with dignity, right to good environment and the right to livelihood.
• In India, these rights have been implicitly recognized as constitutional rights. The
right to healthy environment has been incorporated, directly or indirectly, into the
judgments of the court.
• Link between environmental quality and the right to life was first addressed by a
constitutional bench of the Supreme Court in the Charan Lal Sahu Case. In 1991,
the Supreme Court interpreted the right to life guaranteed by article 21 of the
Constitution to include the right to a wholesome environment.
PRINCIPALS OF ENVIRONMENT PROTECTION IN RELATION WITH THE
HUMAN RIGHTS AS INTERPRETED THROUGH THE JUDICIAL
PRONOUNCEMENTS AND ARTICLE 21.

17. In Subash Kumar v. State of Bihar (AIR 1991 SC 420/ 1991 (1) SCC 598), the Court
observed that 'right to life guaranteed by article 21 includes the right of enjoyment of
pollution-free water and air for full enjoyment of life.' Through this case, the court
recognized the right to a wholesome environment as part of the fundamental right to life.
This case also indicated that the municipalities and a large number of other concerned
governmental agencies could no longer rest content with unimplemented measures for
the abatement and prevention of pollution. They may be compelled to take positive
measures to improve the environment.
• This was reaffirmed in M.C. Mehta v. Union of India (Vehicular Pollution Case). The
case concerned the deterioration of the world environment and the duty of the state
government, under article 21, to ensure a better quality of environment. matter regarding
the vehicular pollution in Delhi city, it was held to be the duty of the Government to see
that the air did not become contaminated due to vehicular pollution. The Supreme Court
has held that life, public health and ecology have priority over unemployment and loss of
revenue.

18.  The Supreme Court ordered the Central government to show the steps they have taken to
achieve this goal through national policy and to restore the quality of environment. The
Apex court again confirming the right to a healthy environment as a basic human right and
stated that the right to clean air also stemmed from Art 21 which referred to Right to life.
This case has served to be a major landmark because of which lead-free petrol supply was
introduced in Delhi.
 In the case of, Olga Tellis v. Bombay Municipal Corporation, (AIR 1986 SC 180) the
Court was of the view, 'Deprive a person of his right to livelihood and you shall deprive
him of his life.....Any person, who is deprived of his right to livelihood except according to
just and fair procedure established by law, can challenge the deprivation as offending the
right to life conferred by article 21.’
 In the very recent case of T.N. Godavarman Thirumulpad v. Union of India concerning
conservation of forests, Justice Y.K. Sabharwal, held that considering the compulsions of
the States and the depletion of forest, legislative measures have shifted the responsibility
from States to the Centre. Moreover, any threat to the ecology can lead to the violation of
the right of enjoyment of healthy life guaranteed under Art 21, which is required to be
protected. The Constitution enjoins upon this Court a duty to protect the environment.

19. • In the Rural Litigation and Entitlement Kendra & Ors. vs. State of Uttar Pradesh &
Ors also famously known as the ‘Dehradun Valley litigation’.
• It was interpreted and discussed that the Constitution of India guarantees the Right to
wholesome environment as a fundamental right under Article 21. Industrialization
leads to development which further leads to the degradation of environment. To
resolve this issue, the doctrine of sustainable development has come up. i.e., there
must be balance between development and ecology. Environmental degradation is not
justified on the stake of national interest. According to the socio-economic needs of
the country, administrative and legislative strategies for harmonizing environmental
and developmental values should be formulated.
• A process by which development can be sustained for generations by improving the
quality of human life while at the same time living in harmony with nature and
maintaining the carrying capacity of life supporting eco-system. Its main focus is the
integration of developmental and environmental imperatives. Thus, sustainable
development is the only answer and administrative actions ought to proceed in
accordance therewith.

20. • The judgement pronounced by the honourable judge in T. Damodhar Rao And Ors. vs
The Special Officer, Municipal corporation , Hyderabad is reasonable and justified
as per my view as it protects Article 21 of Indian Constitution under various heads. The
judgement protects the theory of ownership in the constitutional point of view that
means according to the judgement enjoyment of life and its attainment under the Article
21 of Indian Constitution is not bad and reasonable.
• As we know constitution always embraces the preservation and protection of mother
earth without which life cannot be enjoyed. Restrainment from enjoying of natural
resources should be regarded as violative of Article 21 of the Constitution under the
ambit of Right to life and personal liberty.
• Therefore, pronouncement of the honourable judges satisfy the provisions of
Constitution of India as well as equity and good conscience

21. Constitutional mandates on Protection of
Environment
• The Constitution of India originally adopted, did not contain any direct and
specific provision regarding the protection of natural environment. Perhaps,
the framers of the Indian Constitution, at that time, considered it as a
negligible issue. However, in fact, it contained only a few Directives to the
State on some aspects relating to public health, agriculture and animal
husbandry. These Directives were and are still not judicially enforceable.
• Some of the Directive Principles of State Policy showed a slight inclination
towards environmental protection i.e. Art 39(b), Art 47, Art 48 and Art 49
individually and collectively impose a duty on the State to create conditions
to improve the general health level in the country and to protect and improve
the natural environment.
• Later through a constitutional amendment, two specific provisions i.e. Article
48-A and Article 51-A (g), has been added which imposes the duty on the
state as well as the citizens of the state to protect and conserve the
environment.

22. • Following a long course of active interpretation of constitutional and legislative clauses
by the judiciary and vigorous efforts of some green citizens, the Indian environmental
scenario has undergone a positive change. Today, the environmental consciousness
imported by the courts, mingled with subsequent legislative efforts in the later years,
introduced the Right to Environment as a fundamental right under Article 21 of the
constitution of India.
• Thus it is clear that article 21 has a multidimensional interpretation. Some judgments
not directly related to environmental cases, also have significant implications for the
struggle to establish environment as a human right. Mention should especially be made
of a number of cases in which the Constitutional Right to Life (Article 21) has been
interpreted widely to include a series of basic rights that include environment and
livelihoods.
• Courts play a very crucial role in determining the scope of the powers and functions of
administrative agencies and in striking a balance between the environment and
sustainable development. The need of the hour is to strike a balance between the two
i.e., development on one side and pollution free environment on the other.
Finding, Conclusion and
Suggestions

23. • The Courts in India have played a distinguishing role in gradually enlarging the scope
of a qualitative living by engaging themselves in and resolving various issues of
environmental protection.
• Consequently, activities posing a major threat to the environment were curtailed so as
to protect the individual’s inherent right to a wholesome environment as guaranteed
under various instruments for the protection of legal and human rights.
• It is a great pity that it takes a pandemic to bring the realisation that economic growth
versus clean air is a false dichotomy. There is now a dire need of regulatory
approaches to achieving environmental protection and public health that are not rights-
based.
• It should be noted that economic incentives and disincentives, criminal law, and
private liability regimes have all formed part of the framework of international and
national environmental law and health law. Emphasis must be laid on responsibilities
rather than rights which also echoes language from the Stockholm Declaration and
subsequent instruments that emphasize the duty of each person to protect and improve
the environment for present and future generations. It is also consistent with human
rights instruments that affirm the duties of each individual to others to promote and
observe internationally-guaranteed human rights. Attainment of this goal, however,
calls for a paradigm shift and finding lasting solutions.

24. How to resolve the issue of environmental
degradation and protect the basic human right
• Not only do we have an opportunity to save tens of millions of lives in the decades
ahead by reducing air pollution, we have a moral obligation to do so. Pollution
cannot be viewed as an isolated environmental issue. Effective policy measures
need to be taken in order to curb the grave issue of pollution. Just as calling
COVID-19 a pandemic is an acknowledgement of its global spread over several
countries or continents usually affecting a large number of people, this issue of Air
pollution is indeed a major health hazard in cities and has reached the level of a
global “pandemic” .
• With the re-operationalization of Disaster Management Act, 2005, and the
measures such as restrictions imposed on industrial activities contributing to
pollution, government regulated lockdown and prevention and safety shall help
recover the poisoned Indian towns and cities and make living conditions suitable
for survival of bio-diversity. Deforestation, industrial agriculture, illegal wildlife
trade, climate change and other types of environmental degradation increase the
risk of future pandemics. The poor are the most affected by air pollution. It is high
time to integrate air pollution prevention into state and city planning processes.

25. • Though air pollution may not be taken up as a disaster due to legal and technical reasons
in India yet, time has come for taking-up measures such as the National Disaster
Management Authority (NDMA) and Central Pollution Control Board to hold action
oriented dialogue with citizens on air pollution in Indian cities, and enabling the re-
operationalization of the Disaster Management act with certain amendments even in the
post-COVID scenario so as to maintain the sanctity of life and shield the human rights
which forms the essence of life.
• The NDMA is a platform which should be used to combat air pollution as an emergency,
similar coordination will be required at an international level to continue to work
towards reduced emissions under the Paris Agreement.
• In conclusion, effective and planned measures are required which when deployed
within the right environment can improve the quality of environment while
strengthening the rule of law.