2. Introduction
• Many of us must be aware of the plight of Delhi
residents in the winter. The winter fog and the
smoke from stubble burning, vehicles, carried by
the incoming northern winds, combine to make
Delhi a ‘gas chamber’. In 2019, Delhi was ranked
as one of the most polluted major cities in the
world. In these circumstances, we must examine
the law framed by India to combat air pollution
and whether it is enough to combat air pollution.
3. Sweden first suggested to the United Nations that there should be a global conference to discuss and prevent pollution and degradation of natural
resources. Therefore, with the passing of the General Assembly Resolution 2398, the United Nations Conference on the Human Environment was
held in Stockholm in June 1972. In this conference, it was decided that the countries would undertake steps to preserve the natural resources, which
also includes air. Accordingly, the Indian government enacted specific laws under Article 253 of the Constitution for the preservation of natural
resources and the law enacted for air preservation was The Air (Prevention and Control of Air Pollution) Act, 1981.
The Act’s Preamble states that this Act is for the prevention, control and abatement of air pollution and the burden of fulfilling such purposes falls on
the Boards established under this Act.
What was the need for this Act?
4. What is the scope
of this Act?
• This Act applies to the whole of
India. The Act contains certain
definitions which fall under the scope
of this Act. Knowing these
definitions is important as they will
help to understand what qualifies as
air pollution according to Indian law
so that air polluters can be punished
under this Act.
5. What is an ‘air pollutant’ and what is ‘air
pollution’?
•Section 2(a) defines ‘air pollutant’ as any solid, liquid or
gaseous substance that may be harming or injuring the
environment, humans, other living creatures, plants or even
property. Through a 1987 Amendment, the noise was also
included in the list of substances that are deemed to be
harmful to the environment. Therefore, this Act also provides
for the regulation of noise pollution.
•Section 2(b) defines ‘air pollution’ as the presence of any air
pollutant in the atmosphere.
6. Functions of the Central Board
Section 16 lays down the functions of the Central Board-
• The Board shall make efforts for the prevention, abatement and control of air pollution in the country and may
advise the Central Government on the same.
• It shall plan and implement a nationwide programme for the prevention, control and abatement of air pollution.
• It shall coordinate the activities of the States and shall resolve the disputes that arise between them.
• It shall provide technical assistance to the Boards, carry out investigations and research relating to air pollution.
• It shall plan and implement training programs for the persons to be involved in those programs.
• It shall help combat air pollution through a mass media programme.
• It shall collect, compile and publish statistical data relating to air pollution and shall also prepare manuals, codes
or guides relating to measures to combat air pollution.
• It shall lay down standards for the quality of air and shall perform other functions as prescribed.
• The Board shall also set up a laboratory or multiple laboratories to enable the Board to perform its functions
effectively.
7. Functions of the State Pollution Control Boards
Section 17 lays down the functions to be performed by the State Boards-
• The State Board shall plan and implement comprehensive programs for prevention, control or abatement of air
pollution. It shall also advise the State Government on such matters.
• It shall collect and disseminate information regarding air pollution. It shall organize training and mass awareness
programs regarding air pollution control, prevention and abatement.
• It shall inspect, at reasonable times, any control equipment, industrial plant or manufacturing process and give
orders to the people in charge to further the purposes of combating air pollution.
• It shall inspect and assess the air quality at designated air pollution control areas as it may think necessary.
• It shall lay down standards for the emission of air pollutants into the atmosphere from automobiles or industries,
or any other pollutant from any source. However, a ship or aircraft cannot come into the ambit of a source.
• The State Boards shall also advise the State Government regarding the suitability of any location which is to be
used for setting up any industry, keeping in mind the air quality which would be impacted if that industry is set up.
• The Boards shall also set up labs in their States, to enable the State Board to perform its functions effectively.
9. M.C. Mehta v. Union of India 1991 SCR (1) 866
(Vehicular Pollution Case)
• In this case, a writ petition was filed by M.C. Mehta regarding air pollution caused due to vehicular
emissions. He prayed for the Court to pass appropriate orders to prevent pollution.
• The Court held that environmental protection is the responsibility of the State as enshrined in the Directive
Principles of State Policy and Articles 48A and 51A of the Constitution. The Supreme Court observed that
the right to a healthy environment was a basic human right and this included the right to clean air, covered
under the ambit of Article 21 of the Constitution. In this way, the Court expanded the scope of Article 21
to include the right to a healthy environment and clean air under the fundamental rights.
• This paved the way for the introduction of lead-free petrol supply in Delhi and paved the way for the
introduction of compressed natural gas (CNG). The Court also assisted in setting up a committee that was
not just aimed at litigation but also finding long term solutions to the air pollution problem in Delhi.
• Similarly, in Subhash Kumar v. State of Bihar 1991, it was held that right to life under Article 21 included
the right to a healthy and safe environment, which in turn included the right to pollution-free air and water
for the full enjoyment of life. It was held that municipalities and other governmental bodies had an
obligation of taking positive measures to ensure a healthy environment.
10. The curious case of Delhi
• Air pollution in Delhi has been a major problem for many years but started coming into the limelight in the 1990s. With the advent of the
1981 Act, pollution control boards were set up and the number of legislations on the environment increased.
• In 1996, the Supreme Court issued a suo moto notice to the Delhi government, asking it to submit an action plan for clean air. The cases
instituted by M.C. Mehta and the general public furore over the state of the air further aggravated the issue. The Environment Pollution
(Prevention and Control) Authority (EPCA) was set up along with the National Clean Air Programme (NCAP).
• On the basis of a report of the EPCA, the Supreme Court accordingly issued orders for vehicles to run on compressed natural gas (CNG).
This was a major success. However, in the coming years, the number of vehicles increased from 4.24 million in 2004 to more than 10.8
million in March 2018, in addition to an increase in stubble burning and construction activities (many of which are illegal).
• Over the years, monitoring stations have been set up across Delhi to measure the amount of particulate matter in the air. Public
awareness and efforts have definitely increased, with measures like Odd-even scheme and Supreme Court orders on cracker bans,
construction activities bans; being implemented.
• In 2016, after the heavy smog wreaked havoc in Delhi, the Supreme Court again asked the national government to make a plan to
combat such episodes of air pollution. This programme came to be known as the Graded Response Action Plan (GRAP).
• This programme entails the identification of high-pollution areas within Delhi through monitoring and measuring air quality, and then
identifying the problems and formulating local actions for those areas.
• There is no doubt that Delhi still suffers from an air crisis every year. One must understand that this occurs due to a host of factors which
need mass action.
11. • It is observed that the legislation to deal with air pollution is pretty strict and well formulated. It
encompasses the scientific aspects of managing air pollution with the actions of State and Central
bodies. The Pollution Control Boards are bestowed with a wide range of powers and functions to
check emission limits and take appropriate action. However, enforcement still remains lax.
Conclusion
